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HomeMy WebLinkAbout02-1268 WENDY K. LEASK, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ; NO.a:2 - I~l.f' CIVIL TERM STUART R. LEASK, Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HA VB BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the maniage, you may request marriage counseling. A list of maniage counselors is available in the office of the Prothonotary, Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 NOTlCIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. S1 NO TIENE ABOGADO 0 S1 NO TIENE EL DINERO SUF1CIENTE DE PAGAR TAL SERVIC10, VA Y A EN PERSONA 0 LLAME POR TELFONO A LA OF1CINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONnE SE PUEDE CONSEGUIR AS1STENC1A LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 WENDY K. LEASK, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.O-<. ~ I'J.'-' CIVIL TERM STUART R. LEASK, Defendant IN DIVORCE COMPLAINT IN DIVORCE COUNT I DIVORCE AND NOW comes the above Plaintiff, Wendy K. Leask, by her attorney, Cara A. Boyanowski, Esquire, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Wendy K. Leask, is an adult individual who resides at 82 May Drive, Post Office Box 707, Dillsburg, York County, Pennsylvania 17019. 2. The Defendant, Stuart R. Leask, is an adult individual with a mailing address of 207 Walnut Alley, Suite 12, Post Office Box 158, New Cumberland, Cumberland County, Pennsylvania 17070. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 29, 1993, in Las Vegas, Nevada. 5. The Plaintiff and Defendant are both citizens of the United States of America. 6. There have been no prior actions in divorce between the parties. 7. Plaintiff avers that one child has been born of the marriage, namely, Samantha A. Leask, born June 6, 1995. 8. The Plaintiff and Defendant are not members of the Anned Services of the United States or any of its allies. 9. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 10. Plaintiff avers that Defendant, in violation of his marriage vows and the laws of the Commonwealth of Pennsylvania, specifically under Section 330 I (a )(2) of the Pennsylvania Divorce Code, Act 29 of 1980, did commit adultery, with one Colleen Lopez, at various times throughout the course of the parties' marriage until and including the present time. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. COUNT n EQIDTABLE DISTRIBUTION 11. Paragraphs 1 through 10 of this Complaint are incorporated herein by reference as though set forth in full. 12. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of their marriage until the date of their separation. 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property. COUNT ill ALIMONY 14. Paragraphs 1 through 10 of this Complaint are incorporated herein by reference as though set forth in full. 15. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 16. Plaintiff requires reasonable support to adequately maintain herselfin accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of alimony in her favor. COUNT N ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 17. Paragraphs 1 through 10 of the Complaint are incorporated herein by reference as though set forth in full. 18. Defendant earns in excess of$78,000,00 gross per year and has assets which have not yet been ascertained. 19. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 20. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. . I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. By ~K ~JJf- Wendy K. ask, Plamtlff Date: ... ">tL3Jo~ By: Cara A. Boyanows , Esquire Attorney No. 68736 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 Attorney for Plaintiff ;J~e ~ ~ ~~~~~~~ i:;~ a8&8~ ~ti' ,,(D ~ I w ~ ptJ ~ J~ ~ () 0 c: 1'.) -otG ~ ~li' So ~~~. ~C) :>0 ~8 z ~ .. () -n I :-:':1 ~>~~ iC3 1~:-J (j "r~ '-r", .. '-4 -r, Or) (Srn :;;' ... ::0 (T\ -< -"() ~ w NIVERTITI M.F. EWIDEH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : PROTECTION FROM ABUSE JEHAD A.EWIDEH, Defendant : No.: 03-1268 CIVIL TERM PETITION TO MODIFY FINAL PROTECTION FROM ABUSE ORDER AND NOW, Defendant, Jehad A. Ewideh, by and through his attorney, Christopher J. Keller, Esquire hereby petitions this Honorable Court to modify the final Protection From Abuse Order in the above-captioned matter and in support thereof avers the following: I. On April 30, 2003, this Court entered a Final Protection From Abuse Order against the Defendant. (See attached Exhibit A), 2. Paragraph 8 of the Final Protection From Abuse Order requires that the passport of the minor child, Omar Jehad Ewideh, "shall remain in a safe in the office of Attorney John Abom, at 8 South Hanover Street, Carlisle. The passport must not be released to either party without the written agreement of both parties," 3. On or about December 1,2003, a Praecipe was filed to the above term and docket whereby the undersigned entered his appearance as counsel of record for the DefendantJPetitioner and John A. Abom, Esquire withdrew his appearance for the DefendantJPetitioner. 4. Through the filing of other Praecipes, the undersigned now represents the DefendantJPetitioner in all civil and criminal actions between the above-captioned parties. 5. Attorney Abom does not represent the DefendantJPetitioner and therefore has no reason to retain possession of the passport. 6. DefendantJPetitioner requests that the Final Protection From Abuse Order be modified to reflect his change in counsel. 7, The undersigned has been in contact with the PlaintifflRespondent's attorney of record for this matter and believes that there it is agreed to by Plaintiff/Respondent's attorney of record. WHEREFORE, the DefendantJPetitioner respectfully requests that this Honorable Court modifY its April 30, 2003 Final Protection From Abuse Order as requested hereinabove to reflect the withdrawal ofDefendantJPetitioner's prior counsel, John A. Abom, Esquire and the entry of DefendantJPetitioner's new counsel, Christopher J. Keller, Esquire as to any duties imposed upon counsel of the DefendantJPetitioner within the April 30, 2003 Final Protection From Abuse Order, Respectfully submitted, ~u' Christopher eller, Esquire Supreme Court ID 86889 Attorney for DefendantJPetitioner 101 South Market Street Mechanicsburg, P A 17055 (717) 790-5451 . )! II I i I II I: I If I, I i :! NIVERTITI M.F. EWIDEH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : CNILACTION"LAW IN PROTECTION FROM ABUSE il I , I I I I: Ii 'I I, II I' I ffiHAD A. EWIDEH, Defendant : NO. 03 - 1268 CNIL TERM FINAL ORDER OF COURT Defendant's Name: Jehad Ewideh Defendant's Date of Birth: 04/01/68 Defendant's Social Security Number: 171-76-6771 Names of All Protected Persons, including Plaintiff and minor children: Nivertiti Ewideh t AND NOW, this :;0 r .day of 14",..1 , 20{J~, the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDICATED and DECREED as follows: [] Plaintiffs request for a final protection order is denied. OR [X] Plaintiffs request for a final protection order is granted. [X] I. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. [X] 2. Defendant is completely evicted and excluded from the residence at 149 Chester Street, Carlisle, P A 170 l3 or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff Defendant shall have no right or privilege to enter or be present on the premises. ~lblt~ [Xl 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location, including but not limited to any contact at the Plaintiff's school, business, or place of employment. [X] 4. Except as related to custody of minor child, as per Paragraph 5, Defendant shall not contact the Plaintiff by telephone or by any other means, including through third persons. [Xl 5. Custody of the minor child, Omar Jehad Ewideh, shall be as follows: Plaintiff is awarded primary physical custody of the child. Defendant may have partial custody on alternating weekends from Friday at 4pm until Sunday at 6pm and such custody during the weekdays as the parties shall agree, but at least every Wednesday from 4pm until 8pm. When the child returns to daycare, Defendant shall pick up the child at his child care center on weekdays and return the child to the home of Janice Rosenberry, address 1824 Suncrest Drive, Carlisle, PA 17013. Plaintiff shall retrieve child at Janice Rosenberry's home. In: the event that the child is not in daycare, all custodial exchanges shall take place at Janice Rosenberry's house. If either parent needs to make changes to the custody arrangement, they shall contact Janice Rosenbeny at (717) 243-8308. Neither parent shall remove the child from the United States of America, without written agreement by the other parent. [X] 6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law enforcement agency for delivery to the Sheriffs Office, the following weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren. I. Handgun 2. Two Knives [X] 7. Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration ofthis order. Any weapons delivered to the sheriff under paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further order of court. [X] 8. The following additional relief is granted as authorized by ~ 6108 of the Act: . The passport of the minor child, Omar Jehad Ewideh, shall remain in a safe in the office of Attorney John Abom, at 8 South Hanover Street, Carlisle. The passport must not be released to either party without the written agreement of both parties. , Plaintiff shall have possession of the Nissan Ultima. . Defendant shall continue to support Plaintiff and the minor child pending a support conference and receipt of the first support payment. Support to Plaintiff shall include payment of the mortgage, the car insurance, the household bills and provide the Plaintiff with $75 per week for !,'foceries, gasoline and any other necessities for the minor child. As soon as Plaintiff obtains full-time employment, minOT child shall be returned to daycare. [Xl 9. The costs of this action are imposed on the Defendant. [] 10. [] Defendant shall pay $ to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: OR [] Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to [insert the name of the judge or court to which the petition should be presented] requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out- of-pocket losses, copies of all bills and estimates of repair, and an order scheduling a hearing. NO fee shall be required by the Prothonotary's office for the filing of this petition. [] 12. BRADY INDICATOR. [] 1. The Plaintiff or protected person(s) is a spouse, former spouse, a person who cohabitates or has cohabitated with the Defendant, a parent of a common child, a child of that person, or a . child of the Defendant. [] 2. This order is being entered after a hearing of which the Defendant received actual notice and had an opportunity to be heard. [] 3. Paragraph I of this Order has been checked to restrain the Defendant from harassing, stalking, or threatening Plaintiff or protected person(s). [] 4. Defendant represents a credible threat to the physical safety of the Plaintiff or other protected person(s) OR [] The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury. [X] 13. TillS ORDER SUPERSEDES [X] ANY PRIOR PFA ORDER AND [] ANY PRIOR ORDER RELATING TO CillLD CUSTODY. 14. A certified copy of this Order shall be provided to the Carlisle Township Police Department, the North Middleton Township Police Department, the Pennsylvania State Police, and any other appropriate police departments. 15. All provisions unless otherwise noted of this order shall expire in eighteen months, on October 24, 2004. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.CS. 9 6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE .DISTRICT OF COLUMBIA, TRIBAL LANDS, US. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 US.C. ~~ 2261-2262. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER YOU MAY BE SUBffiCT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. H 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBffiCT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 US.C. ~~ 922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs I through 4 of this Order, an arrest may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of the this Court, unless the weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT: '1- ::10- :?O~ 1 Date AIL. T FUJE (:()fY'( f' r;J:'~~\~ i.~~.','.~':.::<}r."!,) m TfJS~rl~}ny > : :. ~;(~;"- ',:..d, n~'1 f!JY\(i dlllll~ 5I.l<!i (11.. 1:~:;JI.ti C"r;;fJe;, Pi! I hl<<.___..J.9-....)1;1'f. ,C"'fZT.. ;;1f;()J. ... .------.-~~~. .-~-f?5-... -'-7~'" !-~i(\ti-lrll~'~1';:rt'\1 NIVERTITI M.F. EWIDEH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : PROTECTION FROM ABUSE JEHAD A.EWIDEH, Defendant : No.: 03-1268 CIVIL TERM CERTIFICATE OF SERVICE I, Christopher J. Keller, Esquire, attorney for Defendant, hereby certifY that I served a true and correct copy ofthe foregoing Petition upon Heather Fine, Certified Legal Intern, and the Dickinson Family Law Clinic, counsel of record for Plaintiff and John A. Abom, Esquire, prior counsel of Defendant/Petitioner on the date and in the manner listed below. United States First Class Mail. Postag:e Preoaid to: John A. Abom, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, P A 17013 Heather Fine, Certified Legal Intern Dickinson Family Law Clinic 45 North Pitt Street Carlisle, P A 17013 Marylou Matas, Esquire Griffie & Associates 200 North Hanover Street Carlisle, P A 17013 Date: //~)r / / ~&11 Christopher J, eller, Esquire Attorney for Defendant Supreme Court ID 86889 101 South Market Street Mechanicsburg, P A 17055 (717) 790-5451 '? ......, C) = c c.:.: -n '- ---1 ::1:: ')~- [11 ['., N ('..) ___:1 .x:- -< _.r - Cara A. Boyanowski, Esquire Supreme Court J.D. No. 68736 2080 Linglestown Road Suite 201 Harrisburg, P A 1711 0 (717) 540-9170 WENDY K. LEASK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLANH COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 02-1268 CIVIL TERM STUART R. LEASK, Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are wam,~d that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown ofthe marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary, Cumberland COlUlty Courthouse, High and Hanover Streets, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiel'e defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. U sted debe presentar una apariencia escrita 0 en persona 0 pOl' abogado y archival' en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y pOl' cualquier queja 0 alivio que es pedido <en la peticion do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SINO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 Cara A. Boyanowski, Esquire Supreme Court J.D. No. 68736 2080 Linglestown Road Suite 201 Harrisburg, P A 1711 0 (717) 540-9170 WENDY K. LEASK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAN]) COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 02-1268 CIVIL TERM STUART R. LEASK, Defendant IN DIVORCE AMENDED COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Wendy K. Leask, by and through her attorney, Cara A. Boyanowski, Esquire, and files this Amended Complaint in divorce seeking to obtain a decree in divorce from the above-referenced Defendant pursuant to Section 3301 (c) of the Divorce Code and sets forth the following: COUNT I DIVORCE I. The Plaintiff, Wendy K. Leask, is an adult individual who resides at 452 Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055 2. The Defendant, Stuart R. Leask, is an adult individual with a mailing address of P.O. Box 158, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Paragraphs Three (3) through Nine (9) of the original Complaint in Divorce filed on March 14, 2002, are incorporated herein by reference thereto. 4. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Amended Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated in November 2001. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. I verify that the statements made in this Amended Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. By: Lwm(~ ~. iJ>CJIJJC Wendy K. Le sk, Plaintiff Date:~ -'+-[\P) ByQ!lt{1I}!~fTJJSb Attorney No. 68736 2080 Linglestown Road Suite 20 I Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiff .....,.~ " r:'~:' . ~~. . Q ~:; ';;b "," CJ' '--' ?" (f": ~- \~~; ~:~ -.4 -- -- q, .-1-0 ~r:: -;J":f~ ~::o) ) i':.~'-) ~\'~ ~\_ "'1, ;:'.~ -;--, ::"Y.rf\ '.:,~:~ ~"-~ ~-q. .- -'=' ::."'. ,... "';. c:> ...> - WENDY K. LEASK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 02-1268 CIVIL TERM STUART R. LEASK, Defendant : IN DIVORCE ACCEPTANCE OF SERVIC]~ I, Herschel Lock, Esquire, do hereby accept service of th~ true and correct copy of the Amended Complaint in Divorce, filed on July II, 2005, on behalf of my client, Stuart R. Leask, the Defendant in the above case. Respectfully submitted, Date: 1/z;ljO\ ~~t? "- Herschel Lock~Ef1uirf Attorney No. '1 3107 N. Front Stre<,t Harrisburg, PA 17110 (717) 238-6661 Attorney for Defendant Stuart R. Leask o 'c;. ~, "'~ ~ c;:::. c- t'.'. "" v -- - CJ \.D - Cara A. Boyanowski, Esquire SERRATELLl SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 20 I Harrisburg, P A 17 110 (717) 540-9170 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW WENDY K. LEASK, Plaintiff v. NO. 02-1268 CIVIL TERM STUART R. LEASK, Defendant IN DIVORCE STATEMENT OF INTENTION TO PROCEED TO: Prothonotary of Cumberland County Court of Common Pleas Please be advised that I represent, Wendy K. Leask, the Plaintiff in the above captioned divorce action. Opposing counsel and I are presently attempting to finalize the divorce action, and therefore, intend to proceed with the above captioned matter. Please do not purge it from the docket. Respectfully submitted, Date: 9-~q-05 Q~l~~~ Attorney No. 68736 2080 Linglestown Road Suite 20 I Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiff Wendy K. Leask ,..., .= ~ <;-""' <-/) ["'no .-v o -n .-\ ::C-n rnE .~.,., 't "-' ."']'--' r...) 2::> ~.~)I(':::! ",:',; -'-~ ';C:';;,-i: '""\) r:-? N u: :~2.,;'{\ ~y :;..... -;< Cara A. Boyanowski, Esquire Counsel for Wife AGREEMENT BETWEEN WENDY K. LEASK AND STUART R. LEASK Herschel Lock, Esquire Counsel for Husband TABLE OF CONTENTS SECTION I: Introduction 3 SECTION II: General Provisions 4 SECTION III: Child Custody and Child Support Provisions 10 SECTION IV: Alimony and Alimony Pendente Lite Provisions II SECTION V: Property Distribution Provisions 12 SECTION VI: Closing Provisions and Execution 14 SECTION I INTRODUCTION THIS AGREEMENT made this ~J-h day of ~ ' 2005, by and between WENDY K. LEASK ("Wife") and STUART R. LEASK (" usband"). WITNESSETH: WHEREAS, Wendy K. Leask, Social Security Number 172-50-3505, was born on Febmary 4, 1960, and currently resides at 452 Stonehenge Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. WHEREAS, Stuart R. Leask, Social Security Number 201-50-3839, was born on June 12, 1957, and currently has a mailing address of P.O. Box 158, New Cumberland, Cumberland County, Pelillsylvania 17070. WHEREAS, the parties hereto are Husband and Wife, having been married on October 29, 1993, in Las Vegas, Nevada. The parties separated in November, 2001. WHEREAS, the union of the parties produced one child, namely Samantha A. Leask, born June 6, 1995. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the mutual promises, set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agrees as follows: SECTION II GENERAL PROVISIONS 1. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 330 I (c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE The provisions of this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. This agreement shall survive any such final decree of divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce complaint. 4. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties ifthey have each executed the Agreement on the same date. otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4 5. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Cara A. Boyanowski, Esquire, and to Husband by his attorney, Herschel Lock, Esquire. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue inHuence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6. FINANCIAL DISCLOSURE ~ The parties confirm that each has relied on the substantial accuracy of the financial disclosure/o~ ~ of the other as an inducement to the execution of this Agreement, and each party acknowledges that p.. I there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. 7, DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (I) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 8. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' mutual assets and all otherrights 5 determined by this Agreement shall be subject to Court determination the same as ifthe parties had never executed this Agreement. 9. TAX PROVISIONS The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 10. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. 11. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony 6 pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrations, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtsy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. PRESERV A nON OF RECORDS 12. ~L Each party will keep and preserve for a period offour (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to tho~e records in the event oftax au~its. ~ _~ '17 tJ, ~ /\J..l.J>1(.L:J ''''' .~ 1~ a~c",,- (0~ -ta~ j{~ Wio (~ S;:(L 7 13. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 14, REMEDIES IN THE EVENT OF A BREACH Any party breaching this Agreement shall be liable to the other party for all costs, including reasonable counsel fees incurred by the non-breaching party to enforce his or her rights under the provisions of this Agreement subsequent to the date of execution of this Agreement, regardless of whether litigation is instituted. In the event of default of any of the provisions of this Agreement by one of the parties, the remedies available to the other are cumulative and include all remedies at law and in equity, including those for breach of contract, under theories or equity, under the Domestic Relations Code as amended, including Section 31 05 of the Domestic Relations Code (which includes contempt) as if this Agreement had been an Order of Court, and shall not be limited to those remedies specifically referred to in this Agreement. 15. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 16. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assIgns. 17. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 8 18. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most after demand thereof) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 19. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 20. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. Ifany term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 21. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Wendy K. Leask, 452 Stonehenge Lane, Mechanicsburg, Pennsylvania 17055, or counsel for Wendy K. Leask, or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Stuart R. Leask, P.O. Box 158, New Cumberland, Pennsylvania, 17070, or counsel for Stuart R. Leask, or such other address as Husband from time to time may designate in 9 writing. 22, HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. SECTION III CHILD CUSTODY AND CHILD SUPPORT AND EXPENSES 1. LEGAL CUSTODY The parties shall share legal custody of their minor child, Samantha A. Leask, born June 6, 1995. The parties agree that major decisions concerning their child, including, but not limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody ofthe child. Each party agrees not to attempt to alienate the affections ofthe child from the other parent. Each party shall notify the other of any activity or circwnstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions, which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S. 5309. 2. PHYSICAL CUSTODY A. Primary Physical Custody - The parties agree that Wife shall exercise primary physical custody over the parties' minor child, Samantha A. Leask. 10 ~v \}l B. Partial Physical Custody - Husband shall have liberal periods of partial physical custody with tbe parties' minor child, Samantha A. Leask, to include: a-"i ~. t""'" Ji./.xJI1, (~I\O~ u.M -rw.. ()':J ~v...J.. ~ . , and at other times mutually agreed on between the parties. 51<: L 4\....J The parties further agree to equally share all major and minor holidays, summer vacation months, and birthdays. The specifics of these schedules shall be at the discretion of the parties. ~11<< y-L _.. GJ!. ~ .c~u#~~.u~ cD '-/I~(~ ~ '-te G~ ~ 3, c{h~U;~~;:rAND~ES S~L The parties agree that child support for their minor child, Samantha A. Leask, born June 6, 1995, shall be governed by the Order of Court, docketed at number, 00722-S-2002, P ACSES Case Number 919104766, until further Order of Court. SECTION IV ALIMONY AND ALIMONY PENDENTE LITE PROVISIONS AND HEALTH INSURANCE PROVISIONS 1. ALIMONY The parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other payment for support, maintenance, alimony pendente lite or alimony. 11 SECTION V PROPERTY DISTRIBUTION PROVISIONS I. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband ; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever, abandon any claims, which either may have with respect to the above items, which shall thereafter be the sole and exclusive property of the other. \~.1' \y\-V RETIREMENT BENEFITS Wife shall retain sole ownership and possession of all of her retirement benefits and plans, including, but not limited to, her Highmark 401(k) plan and her Individual Retirement Account (IR}\) through , and Husband specifically releases and waives any an.d all intere st, claim or right that he may ha~"e t these ass~s. C<J'6:. ..wtL1L".4.e ~ c..n-J /.;X',...l.t.'t<) , ~1 ~ (,J) ~r I JW/fh.J/t 0/ 'rf(u.1 00 IN>-Ct (rMJ1. rj, c~ ,u:tt~ Vl r U-"l'"' j;vrJ~d:--,i4tl(j<J1*'1J-00 "l .MiI:;, n ~ ~ i/J.,ao-I4,,,,,/' ~~ e1. LJ')L- 3. BANK ACCOUNTS i U ~I'<' Husband and Wife are the owners of individual bank accounts. Husband and Wife agree that these accounts shall be the sole and separate property of the person in whose name they are titled and each party waives any right, title or interest they may have in the other parties' account. 4. AUTOMOBILES Husband and Wife are the individually the owners of automobiles. Husband and Wife agree that these vehicles shall be the sole and separation property of the person in whose name they are titled and each party waives any right, title or interest they may have in the other parties' vehicle. Husband shall be responsible for all loans associated with the vehicles in his possession, and if necessary, agrees to indemnifY and hold Wife harmless from any obligation relating to his vehicles. 12 Furthermore, Wife shall be responsible for all loans associated with the vehicles in her possession, and ifnecessary, agrees to indemnitY and hold Husband harmless from any obligation relating to her vehicles. 5. TRANSFER OF BUSINESS Allied Pix Services - The parties acknowledge that Husband is the sole proprietor of a photography business trading and doing business as "Allied Pix Services." The parties agree that the business name, good will, assets, inventory, materials and supplies, accounts receivable, accounts payable, and all equipment and machinery used in this business, shall become the sole and separate property of Husband. Wife waives any and all right, title or interest she may have in this business. Husband agrees to indemnitY and hold Wife harmless from any and all debts or obligations, which have accrued against "Allied Pix" including, but not limited to the PNC Line of Credit and the M & T Bank Line of Credit. 6. LIFE INSURANCE POLICIES Husband and Wife are the owners of life insurance policies. Husband and Wife agree that these policies shall be the sole and separate property of the person in whose name they are titled and each party waives any right, title or interest they may have in the other parties' policy. Each party shall assume responsibility for payment of all premiums due and owing on their own policy. 7, CREDIT CARD LIABILITIES Wife and Husband represent that they have taken all steps necessary to make sure that no joint credit cards exist as of the date of execution of this Agreement. Wife and Husband agree to assume full responsibility for all credit card balances existing on their sole accounts, as of the date of execution of this Agreement. 8. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after the parties' date of separation, i.e., November 1,2001, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 13 9. REAL ESTATE ~~ A. Marital Residence: The parties acknowledge that they were the owners of real property, titled as tenants by the entireties, located at 82 May Drive, Dillsburg, York County, Pelillsylvania. This property has been sold, with settlement occurring on or about June 28, 2002. The net proceeds from the sale of the Marital Residence totaled approximately $18,743.00. The parties agreed that Wife would receive this entire amount. Husband agrees that the net proceeds received by Wife from the sale of the Marital Residence shall be her sole and separate property. HU~')fd _,;~~,:s^j~.ritt, title o! i~~,:;:jP.qpay hive In JP,ese 1J1onies. Cu-iJ. ~ v.: C'if .J? 0) J~~~ (W../ Wox .~. DI~ r"'" '1I:J.:, jtI.l.(o#1/, ~~A'-1'1 [yJ' NV f..J1k> B. Wife's esidence - Husband agrees that the real property purchased by Wife, located at 452 Stonehenge Lane, Mechanicsburg, Cumberland County, Pennsylvania, is and shall remain the sole and separate property of Wife. Husband acknowledges that he has no legal or equitable interest in this property. SECTION VI CLOSING PROVISIONS AND EXECUTION Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions, and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below. ~~ WITNESS _I~ i kiWL- WENDY K. EASK '::[-'1-05 DATE ~J/r WITNESS STUART R. LEASK 6/74> DATE 14 Cara A. Boyanowski, Esquire SERRA TELL! SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, P A 17110 (717) 540-9170 Attorney for Plaintiff, Wendy K. Leask IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WENDY K. LEASK, Plaintiff v. NO. 02-1268 CIVIL TERM STUART R. LEASK, Defendant IN DIVORCE AFFIDAVIT OF SERVICE Cara A. Boyanowski, Esquire, being duly sworn according to law, deposes and says that she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on [he 21 5t day of March, 2002, she did serve upon Stuart R. Leask, the Defendant in the foregoing case, a true and correct copy of the Complaint in Divorce by sending same to him, by certified mail, restricted delivery, addressed to 207 Walnut Alley, Suite 12, P.O. Box 158, New Cumberland, Pennsylvania, 17070. The receipt for said Complaint is attached hereto as Exhibit "A." Said copy of the Complaint was duly endorsed with notice to Defendant to appear and answer or the matter would proceed without him. ,2005. (lr. . A\ Ukill NOTARIAl SEAl DEBRA A EVANGELlSTI Notory Public SUSQUEHANNA ~DAUPHIN COUNlY My Commlsslon Expires Moy 7. 2008 Cara A. Boyanowski. Esq. Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg. P A 17110 (717) 540-9170 Attorney for Plaintiff Sworn to and subscribed before me this <~'hTlaay of C5( hc~ By: tlkJ<! L~1~ *" .. SENDER- COMPLETE THIS SEe I It II\; . Complete items 1, 2, and 3. Also complete item 4 if Restricted Del1very is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: lviV', StLto.r\- ~- Leosk. 20"1 '-NoI nu.t (::..\\e,'1 Sl-\"t\-c. \2- PO. "'50)1., \56 Ne..w c.u rn'o{J(lOnd I ?A \1010 . . DYes D No 3. .t.e!}iCe Type ~Certified Mail o Registered o InsurOO Mail o Express Mail o Return Receipt for Merchandise DC.D.D. 4. Restricted Delivery? (Extra Fee) ~s PS Form 3811, August 2001 2. Article Number (1i"ansferfrom service label) 100 \- \ \40--000 2- 04Q 1- y8l.>4 Domestic Return Receipt 102S95-01-M-.2509 4 WENDY K. LEASK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02-1268 CIVIL TERM STUART R. LEASK, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, STUART R. LEASK, who, being duly sworn according to law deposes and says that: 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 14, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint, 3, I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorit'es. Date: /omr{ STUART R. LEASK Sworn to and sub~F5ibed before me this,2'1 h, day of VC,/--vjbL.. ,2005. C~ ;f;i4jJ~,t. Notary Public ~__,;~~'-~~:;'7~'~<~~,e~~~"'~ NOTr'Jt:;..,-"":,,~,, :'. H" "':,';.; ,~, CC~N\~L FAl;~~'LS\~:,.> ','.:~>.:, ",.,:.", :~"~~~y~f,dbr Cara A. Boyanowski, Esquire SERRATELLl SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 20 I Harrisburg, P A 17110 (717) 540-9170 Attorney tor Plaintiff, Wendy K. Leask WENDY K. LEASK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW v. NO. 02-1268 CIVIL TERM STUART R. LEASK, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(C) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. Date ~___/(jiJ/lo5 By: L&/f;d~ ( ;6twl. Wendy K. Leask, Plaintiff , Cara A. Boyanowski, Esquire SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 20 I Harrisburg, PA 17110 (7] 7) 540-9170 Attorney for Plaintiff, Wendy K. Leask WENDY K. LEASK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO, 02-1268 CIVIL TERM STUART R. LEASK, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. An Amended Complaint in Divorce under 9330l(c) of the Divorce Code was filed on July l], 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. [ consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. ! verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. Date: i()\~ \\O,'S , , By: ! U e/';d~ t~ . ~2l. Wendy K. L ask, PlaIntIff Social Security No. (1 J. c)o.~605 WENDY K. LEASK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02-1268 CIVIL TERM STUART R. LEASK, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENT TO REQUEST ENTRY OF DIVORCE DECREE UNDER SEC"I'ION 3301 (el OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2 . division of them before I understand that I may lose rights concerning property, lawyer's fees or expenses if I do not a divorce is granted. alimony, claim 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 related to unsworn falsification to authorities. DATED: 10 P- '/J~ . ~~ - -7 STUART R _ LKl\.SK Cara A. Boyanowski, Esquire SERRATELLl SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suire 201 Harrisburg, P A 17110 (717) 540-9170 Attorney for Plaintiff, Wendy K. Leask WENDY K. LEASK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION -LAW v. NO. 02-1268 CIVIL TERM STUART R. LEASK, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record together with the following information, to the court for entry of a di vorce decree: I. Ground for divorce: irretrievable breakdown under 9330 I (c) of the Divorce Code. 2. Date and manner of service of the complaint: The original divorce complaint, filed on March 14, 2002, was served upon Defendant by certified mail, restricted delivery, return receipt requested on March 21,2002. The Domestic Return Receipt was filed with this Honorable Court. An amended divorce complaint was filed on July II, 2005. Counsel for Defendant, Hershey Lock, Esquire accepted service of this complaint on July 22, 2005. His fully executed Acceptance of Service was tiled with this Honorable Court on July 29, 2005. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by g330 1 (c) of the Divorce Code: by Plaintiff: October 21,2005; by Defendant: October 24, 2005. (b)(1) Date of execution of the affidavit required by S3301(d) of the Divorce Code: NI A; (2) Date of filing and service of the Plaintiffs Affidavit upon the respondent: NI A. 4. Related claims pending: None. 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit record; a copy of which is attached: NI A. (b) Date Plaintiffs Waiver of Notice in g3301(c) Divorce was filed with the Prothonotary: October 27,2005. Date Defendant's Waiver of Notice in g3301(c) Divorce was filed with the Prothonotary: October 27,2005. Respectfully submitted, SERRATELLI SCHIFFMAN BROWN & ALHOON Cara A. Boyanowski, squire Supreme Court LD. No. 68736 2080 Linglestown Road, Suite 20] Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiff " + . . . . . + . . . + . . . . . + . . . . . . + . . . . . . . . + . . . . . . . . . . . . . + . + . . . :+:<+::t: +.+.+.+.:f.:+: ++.+.+.+.+.+.+.+.+.+.+.+.+.++++++.+.+.++.++++++.+++++.++++.+++++++++++++.++.+++++~ . . . . . . . + . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . . . . . . . . . . . . . . . + . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . . + . . . + . . . . . . + + + IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. WENDY K. LEASK, PLAINTIFF No. 02-1268 CIVIL TERM VERSUS STUART R. LEASK, DEFENDANT DECREE IN DIVORCE AND NOW, ~ )O(~ - \ ".-- ~..>, IT IS ORDERED AND WENDY K. LEASK , PLAINTIFF, DECREED THAT STUART R. LEASK , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT NONE. YET BEEN ENTERED; THE MARRIAGE SETTLEMENT AGREEMENT ENTERED INTO BY THE PARTIES ON JULY 7, 2005, MAY BE INCORPORATED BY REFERENCEI~O THIS DECREE IN DIVORCE, BUT SHALL NOT BE DEEMED MER }~~ DECREE IN DIVORCE. ./ . / /-;/ / ;/'" ..- / // // ,/" '" Am'j2 . ~ ~, ~">f~ 7- PPOT"O"OT^" +++.+;++.+:'f+ . . . . ++++++.++.+++.++++.++.+.++++.+++++.+++++.++.+++++++++++? ~ " ~ f7v 12-- /'?;r:7W ~U; A.l l" . // ~74;> r.~ ~).t/ ~)ri{} ..5(;;. C' .J.I .. . .