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HomeMy WebLinkAbout06-2752 . Pr.e~ared By: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Phone: 717-737-0100 Supreme Court 10# 32112 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN A. LEBO, Plaintiff NO. (J~- .)7J,). ~ v. CIVIL ACTION - LAW. MYRON L. LEBO, DIVORCE Defendant 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 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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 HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDER YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone No. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN A. LEBO, Plaintiff NO. O~-ol7S.z (k;,.;( 1..-- V. CIVIL ACTION- LAW MYRON L. LEBO, DIVORCE Defendant COMPLAINT Plaintiff, KATHLEEN A. LEBO by her attorney, Diane G. Radcliff, Esquire, and files this Complaint in Divorce of which the following is a statement: COUNT I DIVORCE 1. The Plaintiff is Kathleen A. Lebo, an adult individual who has resided at 1116 Cross Creek, Mechanicsburg, Cumberland County, PA 17050 since May 1, 2006. 2. The Defendant is Myron L. Lebo, an adult individual who has resided at 231 Ridgeview Drive, MarysviLLe, Perry County, PA 17053 since July 2000. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 18, 2000 at Marysville, Perry County, Pennsylvania. 5. Plaintiff avers that there are no children under the age of eighteen (18) years born of the marriage. 6. There was a prior divorce action filed by Plaintiff in Perry County, PA, which action was withdrawn in December 2003. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the -1- , . right to request that the Court require the parties to participate in counseling. 8. Defendant is a member of the Pennsylvania National Guard and when on active duty with the United States Army. He is currently or was recently stationed in Bosnia and due to return from active duty sometime between May 15, 2006 and June 30, 2006. 9. Plaintiff avers that the grounds on which the action is based are: A. Section 33011c) Mutual Consent No-Fault: The marriage is irretrievably broken; B. Section 3301ld) Non-Consent No-Fault: The marriage is irretrievably broken and the parties are now living separate and apart. Once the parties have lived separate and apart for a period of two years, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. C. Section 3301 (a)(6) Indilmities: Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome, and that this action is not collusive. 10. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT II EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10 are incorporated by reference hereto as fully as though the same were set forth at length. 12. Plaintiff and Defendant have acquired property, both real and personal, and incurred debts during their marriage during the period from November 18,2000, the date of their marriage, until May 1, 2006, the date of their separation, all of which are "marital property" or "marital debts". 13. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent -2- . " thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". 14. Plaintiff and Defendant have been unable to agree as to an equitable division of the marital property and marital debts as of the date of the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. COUNT III ALIMONY PENDENTE LITE, ALIMONY 15. Paragraphs 1 through 10 are incorporated by reference hereto as fully as though the same were set forth at length. 16. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 17. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. COUNT IV COUNSEL FEES, COSTS AND EXPENSES 18. Paragraphs 1 through 10 are incorporated by reference hereto as fully as though the same were set forth at length. 19. Plaintiff has employed legal counsel in this case, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 20. Plaintiff has or will incur costs in this action including, but not limited to, costs for various experts to appraise the parties' marital assets, and does not have the funds to pay the necessary and reasonable fees, costs and expenses. -3- . ., WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate and at final hearing to further award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, lANE G. OCLlFF, ESQUIR 3448 Trindle Road Camp Hill, PA 1701 1 Phone: (717) 737-0100 Supreme Court 10 # 32112 Attorney for Plaintiff -4- . <' VERIFICATION KATHLEEN A. LEBO verifies that the statements made in this Complaint are true and correct. KATHLEEN A. LEBO understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~{l~ KATHLEEN A. LEBO Date: ,5;/5/()(P -5- ~~~ ~1~ '" 0- ~ ~ o c: ::: -p.c;' !~.~; I,",~ C/J ~ -<" rf~~ ~ -<. ...., "'" c:..-:J cro :;T. ,.~ --<. ~ - ~ ~ rn:pd :g\!\ r~'t "-AS?' :r::3 C~('} r,~rn ~ 55 :;<; U"I -u ::l: ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN A. LEBO, Plaintiff NO. 06.2752 V. CIVIL ACTION- LAW MYRON L. LEBO, DIVORCE Defendant PETITION FOR ORDER FOR ALIMONY PENDENTE LITE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, this )J.r.,.. day of U 1'1 {~ , 2006, comes the Petitioner, Kathleen A. Lebo, who file~Petition for Alimony Pendent Lite and respectfully represents that: 1. Petitioner is Kathleen A. Lebo, an adult individual who has resided at 1116 Cross Creek, Mechanicsburg, Cumberland County, PA 17050 since May 1,2006, and is the Plaintiff in the above captioned divorce action. 2. Respondent is Myron L. Lebo, an adult individual who has resided at 231 Ridgeview Drive, Marysville, Perry County, PA 17053 since July 2000, and is the Defendant in the above captioned divorce action. 3. Petitioner and Respondent were married on November 18,2000 and separated on May 1, 2006. 4. Respondent has not sufficiently provided support for the Petitioner. 5. Petitioner is not on a financial par with Respondent in prosecuting and/or defending this Divorce Action, and is unable to support herself in accordance with the standard of living established during the marriage. 6. The within action was instituted by the filing of a Divorce Complaint by Plaintiff, Kathleen A. Lebo, on May 15, 2006. 7. In the Divorce Complaint, Petitioner raised a claim for AUmony Pendente Ute. - 1 - 8. This petition is filed to secure the entry of an order for Alimony Pendente Ute on the Plaintiff's claim for alimony pendente lite raised in the aforesaid pleading. 9. A background information sheet pertaining to this claim for Alimony Pendente Ute is being filed with Domestic Relations concurrently herewith as required by Local Rules of Court. 10. The amount of Alimony Pendente Ute requested by the Petitioner is the maximum amount provided for under the guidelines. WHEREFORE, Petitioner prays that the Court enter an Order: a. Requiring the Respondent to pay the Petitioner Alimony Pendente Lite in the maximum amount provided for by law under the state support guidelines; b. Requiring the Respondent to provide medical insurance and support for the Petitioner. CLIFF, ESQUIRE 3 Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717)737-0100 Fax: (717) 975-0697 Attorney for Petitioner - 2 - . . . VERIFICATION I verify that the statements made in this Petition for Alimony Pendent Lite 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 authorities. ~.~ KAT LEEN A. LEBO DATE: 6~/o(JJ - 3 - r-:> C~ c:> c:r- :::::: :;J.'- -< o " --I ::C...,., rnp:::: 8~. -].~~.~ ("5fT1 :=t:;: ~.l-J -< N N :P> ::;r: r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN A. LEBO, Plaintiff NO. 06-2752 V. CIVIL ACTION- LAW MYRON L. LEBO, DIVORCE Defendant PETITION FOR ORDER FOR ALIMONY PENDENTE LITE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, this J.J..r..t day of Up CI , 2006, comes the Petitioner, Kathleen A. Lebo, who files the this(Petition for Alimony Pendent Lite and respectfully represents that: 1. Petitioner is Kathleen A. Lebo, an adult individual who has resided at 1116 Cross Creek, Mechanicsburg, Cumberland County, PA 17050 since May 1,2006, and is the Plaintiff in the above captioned divorce action. 2. Respondent is Myron L. Lebo, an adult individual who has resided at 231 Ridgeview Drive, Marysville, Perry County, PA 17053 since July 2000, and is the Defendant in the above captioned divorce action. 3. Petitioner and Respondent were married on November 18,2000 and separated on May 1, 2006. 4. Respondent has not sufficiently provided support for the Petitioner. 5. Petitioner is not on a financial par with Respondent in prosecuting and/or defending this Divorce Action, and is unable to support herself in accordance with the standard of living established during the marriage. 6. The within action was instituted by the filing of a Divorce Complaint by Plaintiff, Kathleen A. Lebo, on May 15, 2006. 7. In the Divorce Complaint, Petitioner raised a claim for Alimony Pendente Ute. - 1 - .. t . 8. This petition is filed to secure the entry of an order for Alimony Pendente Ute on the Plaintiff's claim for alimony pendente lite raised in the aforesaid pleading. 9. A background information sheet pertaining to this claim for Alimony Pendente Ute is being filed with Domestic Relations concurrently herewith as required by Local Rules of Court. 10. The amount of Alimony Pendente Ute requested by the Petitioner is the maximum amount provided for under the guidelines. WHEREFORE, Petitioner prays that the Court enter an Order: a. Requiring the Respondent to pay the Petitioner Alimony Pendente Lite in the maximum amount provided for by law under the state support guidelines; b. Requiring the Respondent to provide medical insurance and support for the Petitioner. CLIFF, ESQUIRE 3 Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Petitioner - 2 - . .' VERIFICATION I verify that the statements made in this Petition for Alimony Pendent Lite 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 authorities. ~-~ KAT LEEN A. LEBO DATE: 6~/d.P - 3 - (") ~ f"'o.;) c~ c..:> CT' :1: ~~ -< N N ~ ~ o " .-4 :I:-n f11;-...::::.:; , ~~~ ~;~~ C) _,...; -",. J 1_ -'1-.... .......~C'? ;Sfi1 _.~_." :'i3 ':.< s:- KA HLEEN A. LEBO, Plaintiff/Petitioner THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. CIVIL ACTION - DIVORCE M ON L. LEBO, Defendant/Respondent NO. 06-2752 CIVIL TERM IN DIVORCE PACSES CASE NO: 461108300 ORDER OF COURT AND NOW, this 26th day of June, 2006, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadda on Mondav. Julv 24.2006 at 9:00 A.M. for a conference. at 13 N. Hanover St., Carlisle, PA 170 3, after which the conference officer may recommend that an Order for Alimony Pendente Lite be ent ed. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return. including W - 2' s as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11@ (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a w ant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Co ies mailed on Jun 26, 2006 to: Petitioner Respondent Diane G. Radcliff, Esq. Oat of Order: June 26: 2006 . 'i..J U ~ . J. S dday. on erence Officer ( I . YO HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND '. RE RESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO o TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LE AL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 co361 "" (-;::) ,,:..:~\ ;;;:0 c~-: ~ :::1 ~;~ \,:..,. .,.-- \ c';;::---;', .-!~5~, -. ~'~ 1',' en !,-,1 t'o) Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Phone: 717-737-0100 Supreme Court ID# 32112 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN A. LEBO, Plaintiff v. NO. Ofc.- d."S~ CIO't(:-r- ~ CIVIL ACTION - LAW. MYRON L. LEBO, DIVORCE Defendant PRAECIPE TO REINSTATE DIVORCE COMPLAINT TO THE PROTHONOTARY OF THE SAID COURT: Please reinstate the divorce complaint filed in this case on May 22, 2006. Respectfully submitted, . RA L1FF, ESQUIRE 3 oad Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Plaintiff ( .....,., c:::.l "::':J cr.... (.) -1"1 --I ri~l fI: \~ c ,-" ~ t_,) C) c' -~; . -... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN A. LEBO, Plaintiff NO. 06-2752 CIVIL TERM v. CIVIL ACTION - LAW. MYRON L. LEBO, DIVORCE Defendant CERTIFICATE OF SERVICE I hereby certify that on July 6, 2006, I served a true and correct copy of the Complaint in Divorce upon Myron L. Lebo, the Defendant, by Certified Mail, Restricted Delivery, addressed as follows: Myron L. Lebo 231 Ridgeville Drive Marysville, PA 17053 The Certified Mail return receipt mailing card, or a copy thereof, for the foregoing is attached hereto as Exhibit "A" and made a part hereof. DIANE DCLlFF, ESQUI 8 Trindle Road Camp Hill, PA 17011 Phone: (717)737-0100 Fax: (717) 975-0697, Supreme Court ID # 32112 Attorney for Plaintiff J <Ii, . . Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery 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 mallplece, or on the front if space permits. 1. Article Addressed to: ~ L. Uho ;1 g / /?t dJU1 evJ lJ/l. mfl/UJ5fJ,llfL, jJ,4 - f /7oS.:3 2. ArtIcle Nlmber (Rln*'tI:lm.... ~ PS Fonn 3811, FebruaIy 20lM () - O. Is deIlveIy addr8ss dIIferent from Item 1? If YES, enter delivery addl8ll8 below: 3. ~"JYpe ~ CertIfIed Mall [J ExpnIss Mall [J Registered [J Return Reoelpt for Merchandise C Insured MaD [J C.O.D. 4. RestrIcted Delivery? (Extra Fee) Yes 7005 0390 0003 2641 5711 ,.--- ~ RlIlLm ReoIIIpt EXHIBIT "A" CERTIFIED MAIL RETURN RECEIPT CARD 1025l15-02-M-1540 .... ~ c:a C7'\ c.... c:: r- W -0 ::z: w CXl KATHLEEN A. LEBO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 06~ J..7!SJ. MYRON L. LEBO, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as attorney in the above-captioned action for the Defendant, MYRON L. LEBO, per his request. Respectfu1ly submitted, Date: 7) 7 ,2006 1!/f&b;e Scarmgi & Scaringi, P.C. Attorney II) #84445 2000 Linglestown Road, Suite 103 Harrisburg, Pennsylvania 17110 (717) 657-7770 ~,) .,.,.":"> ,'--, ,~:,... a.,:.., -, 'e -. ~-'-- () ,j l KATHLEEN A. LEBO. Plaintifflpetitioner THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE MYRON L. LEBO, DefendantlRespondent NO. 06-2752 CIVIL TERM IN DIVORCE PACSES CASE NO: 461108300 ORDER OF COURT AND NOW, this 24th day of July, 2006, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.I. Shaddav on Mondav. AUllust 21.2006 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, P A 17013. after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Return. including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.1I@ (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed on July 24, 2006 to: Petitioner Respondent Diane G. Radcliff, Esq. Melanie Erb, Esq. ~ I Ii Date of Order: Julv24.2006 N..4 U~ .,' ...., C~.,.," Off.. ' CI YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND .... REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 .~<:' cJ \ .. KATHLEEN A. LEBO, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO.: 06~ J.7t58. : CIVIL ACTION - LAW : IN DIVORCE MYRON L. LEBO, Defendant ANSWER TO COMPLAINT AND NOW, comes the Defendant, Myron L. Lebo, by and through his attorney, Melanie L. Erb, Esquire, and the law firm of Scaringi & Scaringi, P.C., who files this Answer to Complaint and avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted in part. Denied in part. By way offurther answer, Defendant completed a tour of duty in Iraq and returned to Pennsylvania June 28, 2006. 9. A. Denied. B. Denied. C. Denied. . 10. Paragraph 10 contains a prayer for relief to which no response is required. WHEREFORE, the Defendant, Myron L. Lebo, respectfully requests this Honorable Court deny Plaintiffs request to enter a Decree in Divorce in this matter. COUNT II - EQUITABLE DISTRIBUTION I I. Paragraphs I thru 10 of Defendant's Answer to Complaint are incorporated herein by reference as if set forth in its entirety. 12. Admitted. 13. Admitted. 14. Admitted. WHEREFORE, the Defendant, Myron L. Lebo, respectfully requests this Honorable Court deny Plaintiff s request to equitably divide all marital property and debts of the parties pursuant to Section 3502(a) of the Divorce Code. COUNT III - ALIMONY PENDENTE LITE, ALIMONY 15. Paragraphs I thru 14 of Defendant's Answer to Complaint are incorporated herein by reference as if set forth in its entirety. 16. Denied. 17. Denied. To the contrary, Plaintiff is employed as a real estate agent and is qualified as a paralegal capable of adequately maintaining herself in accordance with the standard of living during the marriage. WHEREFORE, the Defendant, Myron L. Lebo, respectfully requests that this Honorable Court deny Plaintiffs request for Alimony Pendente Lite and Alimony. COUNT IV - COUNSEL FEES, COSTS AND EXPENSES 18. Paragraphs 1 thru 17 of Defendant's Answer to Complaint are incorporated herein by reference as if set forth in its entirety. 19. Admitted in part. Denied in part. It is denied that Plaintiff is unable to pay the necessary and reasonable attorney's fees for said counsel. 20. Admitted in part. Denied in part. It is denied that Plaintiff does not have the funds to pay the necessary and reasonable fees, costs and expenses. WHEREFORE, Defendant, Myron L. Lebo, respectfully requests that this Honorable Court deny Plaintiff s request for interim counsel fees, costs and expense or any additional sums now or at final hearing. Respectfully submitted, ~ el e L. Attorney for Defendant Supreme Court ill No. 84445 Scaringi & Scaringi, P.c. 2000 Linglestown Road, Suite 103 Harrisburg, PA 17110 717 -657 -7770 .. VERIFICATION I, Myron L. Lebo, verify that the statements made in the foregoing Answer to Complaint in Divorce are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. ~ I q /60 Date KATHLEEN A. LEBO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 06-2753 MYRON L. LEBO, Defendant : CML ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Debra 1. Logan, paralegal for Scaringi & Scaringi, P.C., do hereby certify that a copy of the Answer to Complaint in the above-captioned action has been duly served upon Plaintiff's counsel, Diane G. Radcliff, Esquire, on August 9, 2006, by depositing same in the United States Mail, First Class, Postage Prepaid, addressed as follows: ;0.. Diane G. Radcliff, Esquire 3448 Toodle Road CampHill PA 17011 Date: ~ I q ,2006 75-rn L. iJJJ~ (u--I Debra 1. Logan () ..... 0 = ~ = ..., "" i"'. :>>- :r:o ;:RT ,[r! c: ~Fn ~(' GJ :1)6 (fl... 0 0 ~ ~ '.;:1-'1 ,,-. -u .-,-""'{ ~~~;~- :x ~~ .- c.. y,.' ;g ~ 0 ~ ex> In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KATHLEEN A. LEBO ) Docket Number 06-2752 CIVIL Plaintiff ) vs, ) PACSES Case Number 461108300 MYRON L. LEBO ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 21ST DAY OF AUGUST, 2006 IT IS HEREBY ORDERED that the 0 Complaint for Support or 0 Petition to Modify or (i) Other ALIMONY PENDENTE LITE filed on MAY 22, 2006 in the above captioned matter is dismissed without prejudice due to: THE PARTIES' STIPULATED AGREEMENT OF AUGUST 17, 2006. o . !he Complaint or Petition may be reinstated upon written application of the plaintiff pettlloner. BYTHE~ Edward E . Guido,' JUDGE Service Type M DID: R. J. Shadday Form OE-506 Worker ID 21005 (") c s: -00: S!2 ~L zr; "'f),., ':::<.-.: \";2C ~8 ~ . ~..., .-....--...'"" '. ~~.' '~~~. ~- '''- ..r~~.,. I, _.._~ . \..,,,," ," "" = = d"' :P- C V) N ~ ~-n "",hi 8~ ~"i -r; '-:1:.-p (':>0 2m ~ ~ -0 :x ':? Ul c:r> . .1" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN A. LEBO, PLAINTIFF NO. 06-2752 CIVIL ACTION- LAW V. IN DIVORCE MYRON L. LEBO, DEFENDANT STIPULATED AGREEMENT AND NOW, this /'JIi-dayof f;lutU<Ar ,2006, the parties, Kathleen A. Lebo ("Wife") and Myron L. Lebo (V:Husband"), hereby stipulate and agree as follows: 1. Husband shall pay Wife alimony pendente lite ("APL") in the amount of $1,300.00 per month under and subject to the following terms and conditions: a. The effective date of the APL is May 22, 2006. b. Each monthly payment of APL shall cover the period from the 22nd day of the month ("Commencement Date") through the 21st day of the following month ("Ending Date"), and shall be due and payable on the 1st day of the month following the Commencement Date. The first monthly payment for the period August 22, 2006 through September 21, 2006 is due on and shall be paid by September 1, 2006. c. For the period of May 22, 2006 through August 21, 2006, the total APL obligation is $3,900, ("the APL Arrears"). Husband shall receive credit against the APL Arrears in the amount of $500.00, which amount was previously paid by Husband to Wife. The remaining $3,400.00 shall be paid by Husband upon the signing of this Stipulated Agreement as part of the $10,000.00 payment referenced in paragraph 2 below. d. The payments shall be made directly to Wife. e. Wife shall suspend the APL action through Domestic Relations docketed to .. .~" the above referenced case, Docket No. 06-2752, Pacses No. 461108300 as long as Husband makes timely payment of the spousal support. 2. Upon the signing of this agreement Husband shall pay Wife the amount of $9,500.00. The said $9,500.00 shall be applied and/or treated as follows: a. $3,400.00 shall be applied against the APL Arrears as provided in subparagraph 1.c above. b. The remaining balance of $6,100.00 shall be treated as an advance payment by Husband to Wife in equitable distribution for her interest in the parties' marital property. 3. Each party agrees to accept and be bound by facsimile signatures hereto. 4. The parties authorize the Court to enter an order incorporating the terms of this Stipulated Agreement upon the request of either party. IN WITNESS WHEREOF, the parties hereto, together with their legal counsel, have set their hands and seals the day and year below written. Witness: Parties: 4Ah~h O_~ Kathleen A. Lebo (SEAL) Dated: f /If/02o0{P Dated: It au.~. dlp(p ~ Dated: ~~ (SEAL) Dated: /7 ~5 ;7a::;~ o c s:: l:'!I"o:T-; m'-,... '-7-fl": 7"',;r,., (jj ~l~ ~i:-,;~ <\... >c'\ ?c Pc Z ~ .." . ....., = = "" ". c:: GJ N N o -n ~:!l r- -om .:0.<:;;' ~6 6:r~ ~o Om .-l ~ -< ;>> ::!: o (1'\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN A. LEBO, Plaintiff NO. 06-2752 V. CIVIL ACTION - LAW MYRON L. LEBO, IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on May 15, 2006. 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. I consent to the entry of a final Decree in Divorce after serV1ce 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 authorities. Dated: <-t7.A57J-. /7 J exC1J(p , ~~ HLEEN A. LEBO () -n ::;1 1'0] - - t""'-21 -.l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN A. LEBO, Plaintiff NO. 06-2752 V. CIVIL ACTION - LAW MYRON L. LEBO, IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (0 OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Dated: -?ltJv-' II I J.aJl., ~a.~ KA HLEEN A. LEBO \-..:; -..J - - r<) , -~,... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN A. LEBO, Plaintiff NO. 06-2752 V. CIVIL ACTION - LAW MYRON L. LEBO, IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on May 15, 2006. 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. I consent to the entry of a final Decree in 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 authorities. Dated: /7 ;/pv () t::. r:~ (:::::J ::;y. --, 1~1 t"', --0 1') _I .:-:> "i:J ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN A. LEBO, Plaintiff NO. 06-2752 V. CIVIL ACTION - LAW MYRON l. LEBO, IN DIVORCE Defendant 1. I consent to the entry of a final decree in 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. !34904 relating to unsworn falsification to authorities. Dated: )7 NrN (J~ r-:> ;:; ~ c,.~.'... N --l f') --l . ~:\I. . O. 2005 7: j 8PI~ \r~Rl~!~. , ~r~~.~G. ~ r ... V ,...,. ~ '\ l.l ~ 'X.I 'v"" '. ..,... ~,v . \CI.SS'S .2 KATHLEEN A. LEBO, Plaintiff ; IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 06-2752 MYRONL. LEBO, Defendant : CIVIL ACTION - LAW : IN DIVORCE MARITAL SETTLEMENT AGREEMENT lIDS AGREEMENT, made this ~ay of~606, by and between KATHLEEN A. LEBO, hereinafter referred to as "WIFE", and MYRON L. LEBO, hereinafter referred to as "HUSBAND", WITNESSETH: WHEREAS, Husband and Wife were lawfully married on November 18, 2000 in Marysville, Perry County, Pennsylvania; WHEREAS, differences have arisen between Husband and Wife in consequence of which they have detennined to live separate and apart from each other, having separated on May 1, 2006, and that they shall be divorced from the bonds of matrimony. WHEREAS, Husband and Wife are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or 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 and in obt.a.ining a Divorce Decree. . NC1v, 10, 2~05 7: 18PM SC~R!~G! & SCAQ!~G: D, C, :\c. ]S~J ~ molest the other, nor compel the other to cohabit "vith the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 4. Entire kreement: This Agreement represents the entire agreement between the parties. There are no representations, promises, agreements, conditions. or warranties between the parties other than those set forth herein. 5. DiscovcrvlFinaocial Disclosure: The parties agree and acknowledge that they have each had an opportunity to conduct discovery and investigation of the assets and debts of both parties. The parties agree and acknowledge that they have made full and fair disclosure of all of their assets and income, as well as debts, to the other party. The parties acknowledge that they have both been given the opportunity to conduct investigation into all assets and debts, whether separate or marital, prior to entry into this Agreement. Both Husband and Wife acknowledge that they have had full and fair disclosure of all assets and debts prior to the execution of this Agreement. Furthermore, the parties acknowledge that they have both had full disclosure as to both parties' income and financial condition. 6. Debts or The Parties: Husband and Wife each represent and warrant to each other that from and after the date of their separation, he or she respectively has not or will not contract or incur any debt or liability for which he and she respectively or his or her estate might be responsible, and shall indemnify and save harmless Husband and Wife from any and aU claims or demands made against him or her, respectively, by reason of any such debts or obligations incurred by him or her after the date of their separation, except as indicated in this Agreement. N!:.v.1(\. 2006 7:18P~ SCARl~Gl & SCARlNG! G ,.. , \" ~I ::", ] S i S " - I~ . ) Wife shall asswne sole liability for the follo\\1ng debts and shall hold Husband harmless from any liability or damage that accrues to Husband as a result of Wife's failure to fulfill the total obligation which she assumes as set forth below: 1. MBNA 2. NCFCU Visa 3. Members 1st PSL 4. Elaine Hess Husband and Wife shall hold each other hannless from any liability and/or damage whatever that accrues to Husband/Wife as a result of failure of Husband/Wife respectively, to fulfill the total obligation which he/she hereby agrees to asS\U1le. 7. Spousal Support. Alimony, Alimooy Pendente Lite. Counsel Fees and Costs: Wife forever waives, releases and abandons any and all future claims for spousal support, alimony, alimony pendent elite, counsel fees and costs. The August 17, 2006, Stipulated Agreement for Alimony Pendente Lite shall immediately tenninate upon execution ofthis Marital Settlement Agreement and as long as this Marital Settlement Agreement is executed prior to November 21,2006, Husband shall owe no further sums under the August 17, 2006 Stipulated Agreement. 8. Real Estate: The parties agree that Husband is the ovvner of a parcel of real estate, ''lrruch is located at 231 Rideview Drive, Marysville, Perry County, Pennsylvania, which is known as the ri1arital residence. The parties agree the marital residence is secured by a Mortgage held by Fulton Bank, with an approximate balance of$81,359.00 as of the date of separation. The loan is in Husband's name alone. ~: v, HI, 2:)05 7: j 3ch; SCA~l~G: & SCA~l~G] ~ I' -, v. ~c, )).) r, \. The parties agree that Husband shall remain the sole oV\.ner of said real estate and shall have exclusive possession of same. Husband agrees he is responsible for any and all mortgage payments, real estate taxes and other liabilities associated v.rith the marital residence. 9. Personal Propertv: The parties declare that they have secured possession of all personal property separately and indhidually owned by each party and further, that they have divided all jointly owned personal property bet\I\t'een themselves, ex.cept as may be touched upon and described herein, and that the right, title and interest of each of the parties hereto in the items of jointly held personal property now possessed by each party shall be hereafter deemed the separate and sole property of the possessor of same. 10. Motor Vehicles: Husband and Wife have already divided all motor vehicles owned by them on the date of separation. Each party waives any claim on any motor vehicle or the proceeds from the sale or transfer of same, in the possession of the other party as of the date of separation. 11. Payments from Husband to 'Vue: Husband agrees to pay Wife the total sum of Seventy-four Thousand One H\Uldred Dollars ($74,100.00) for purposes of equitable distribution. The parties agree tbat Hwband has already paid Nine Thousand One Hundred Dollars ($9,100.00) of this total equitable distribution payment at the time of signing this Agreement. Husband shaU pay the remaining sum of Sixty-five Thousand Dollars ($65,000.00) to Wife v.ithin ten days of execution of this Agreement. \: . V, 1:" 2~!05 7:~3CV SCAR:~G: & SCAR:~G: ~ ,.. -, II, \' :~" ~ ~ ~ C' \ ~. )) .I 7 12. Wife's Business Interest: The parties agree that Wife has a five percent (5%) interest in a family business known as Premier Maintenance. Husband agrees to waive any and all interest in may have in the value of Wife's business interest. 13. Retirement Plans and Insurances: Husband and Wife agree that each does hereby specifically \\'aive, release, renounce and forever abandon all of their right, title, interest or claim, ",'hatever it may be, in any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan. 401(k) Plan, 403(b) Plan, Keogh Plan, Stock Plan, Tax: Deferred Savings Plan, any employee benefit plan and/or other retirement plan or plans of the other Party, acquired in the past or future by the other party, whether acquired through said party's employment or otherwise (hereinafter "Retirement Plans"). The parties agree, upon demand of the other party or the other party's Retirement Plan Administrator, to execute any and all documents necessary to effectuate this paragraph. Hereafter, the Retirement Plans shall become the sole and separate property of the Party in whose name or through whose employment said plan or account is held or carried. If either Party withdra'\vs any sums from the Retirement Plans distributed to him or her pursuant to the terms of this paragraph, that Party shall be solely liable for any and all taxes and penalties resulting from that \\ithdrawal. Husband and Wife agree that each does hereby specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any insurance policy or inSW1l.l1ce account of the other party, acquired in the past or future by the other party, whether acquired through said party's employment or other wise. Hereafter: the insurance polices shall become the sole and separate property of the party in whose name or through whose employment said policy or account is held or camed. If either party withdraws any sums from the insurance ~:v. I:'. r'85 7:j3~~ S~AR]~G: & SCA~.!~3; ~. C. \' - - , ": \ C. :;) :; " " policies or accounts distributed to him or her pursuant to the terms of this paragraph., that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. As of the date of this Agreement, neither party shall be obligated to maintain any life insurance policy on himself or herself for and on behalf of the other. Neither party shall be the beneficiary of any life insurance policy that insures the life of the other. Each party specifically releases, waives and forever discharges any right that he or she may have now or in the future as beneficiary Of named beneficiary of life insurance or death benefits of the other. Each party forever releases and discharges the other from any claim or action for such rights. 14. Health Insurance and Unreimbuned Medical Expenses: Husband agrees to continue to provide health insurance for Wife until the parties' divorce is final. Husband and Wife agree that each shall be responsible for his or her 0'-"11 uoreimbursed medical expenses. Husband and Wife shall hereby release and hold each other harmless from any liability that may accrue to each other as a result of failure to pay for his or her own unreimbursed medical expenses. IS. No-Fault. Uncontested. Consent Divorce: The parties agree to execute the Affidavit of Consent and Waiver of Notice ofIntention to Seek Entry of Divorce Decree simultaneously with the execution of this Agreement. Wife's legal counsel will then file the Praecipe to Transmit the Record and provide a certified copy of the Divorce Decree to Husband. 16. Mutual Cooperation: Husband and Wife agree that each will forthwith (and within at least ten (10) days after demand therefore) execute any and all writings, instruments, assigrunents, or releases, \cv. .~. 2005 7: :9DV SCAR:~8: & SCA~!\G: D. C. ~c:;. 55~) " v J satisfactions, deeds, mortgages or such other 'writings as may be desirable or necessat)' for the proper effectuation of this Agreement. 17. BankruDtcy: TIle parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending ,",lth respect to them which have been initiated by others. It is stipulated and agreed by the parties that the tenus of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargeable in bankruptcy~ should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. The payments called for in this Agreement are not intended to be a debt which is affected by a discharge in bankruptcy and the tenns of this Agreement are not subject to discharge in bankruptcy because the parties acknowledge that such are necessary for the parties to meet their fmancial obligations and to support and maintain their standard of living as well. The parties acknowledge that there are not bankruptcy proceedings presently pending and they agree not to file a bankruptcy action prior to the completion of their respective obligations pursuant to this Agreement. Furthennore, any debt addressed in this Agreement shall not be dischargeable by or on behalf of one of the parties hereto. Also, if either party files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' intent that the obligations in the nature of maintenance and support are not dischargeable under current bankruptcy law or under any amendment thereto. Further, if either party institutes any action in bankruptcy or any other bankruptcy proceeding is instituted in which a party's right to have payments made by the other becomes a matter for judicial ~:v. '::~. 2885 7:'9CY SCAq:~G: & SCAR;N8! c. c. ~!;. S5~S C' 4f\ review, the parties agree to consent to any motion filed by the other with the bankruptcy courts, wherein the party may request that the bankruptcy courts abstain from deciding the dischargeability of said obligation and other obligations to said party thereunder in order to allow the appropriate Court of Common Pleas to rule upon the issue. 18. Reconciliation: This Agreement will remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or attempt to reconcile. There shall be no modification or waiver of any of the terms hereof unless the parties in writing, signed by both parties execute a statement declaring this Agreement or any term of this Agreement null and void. 19. Modification and Waiver: A modification or waiver of any provisions of this Agreement shall be effective only if made in writing and executed with the same fonnality as this Agreement. The failure of either party to insist upon strict perfonnance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 20. Advice of Counsel: This Agreement contains the entire understanding of the parties who expressly acknowledge that this Agreement has been entered into by his or her own volition, with full knowledge of the facts and full information as to the legal rights and liabilities of each other, after consultation with counsel of his or her own choosing, or being informed to retain counsel ofms or ber OV.l1 choosing, and each believes this Agreement to be reasonable llllder the circumstances, being fully informed of all property o\\'ned by each other, and each hereby acknowledges that there have been and are no representations, \varranties, covenants or agreements other than those expressly set forth herein. '(~, v. : :~'. 2 " 0 r, -'/. 1 a ~ ~r. ',.\;\) . I) :\ SCA\:~G: & SCA1I~G: ~ (' " v. ! !" c: c: ~ C' \.,,)) J c' ~ ~ lIDSBAND, MYRON L. LEBO, IS REPRESENTED BY MELANIE L. ERB, ESQUIRE. WIFE, KATHLEEN A. LEBO, IS REPRESENTED BY DIANE G. RADCLIFF, ESQUIRE. 21. Ne~otiations Bv Parties: Each party acknowledges that the tenns of this Agreement were negotiated directly by each other. Each party has instructed his or her attorney to refrain and each party has himself and herself refrained from undertaking formal discovery proceed~s, accounting procedures or other investigative efforts authorized by law in order to obtain an early~ amicable and expeditious settlement of the dissolution of their marriage. Each party further agrees and acknowledges that his or her attorney has not undertaken any independent investigation or engaged in formal or informal discovery proceedings relating to the extent or value of assets described herein, but has relied solely upon information supplied by the parties relating to those matters and upon the terms and conditions negotiated by the parties, and any appraisals that might have been obtained by the parties. 22. Tax Advice: Each party acknowledges that his or her counsel has not made any representations to that party regarding the tax consequences or tax effect of any of the matters set forth herein, and has instead ad~ised him or her to seek the assistance of an accountant or tax attorney to provide advic.e as to the tax consequences of this Agreement or any ramifications thereof, and that each party's cOWlsel has given no recommendation, advice, opinion or statement concerning the tax consequences of this Agreement 23. A2reeweot Biodio~ on Hein: \'V. 'r~. 2005 7: 19cV SCA~:NG: ~ SCA\]~G: DC. II. C C ~ c: \ '). )) ) . ~ L The death of either party hereto shall not terminate the requirements of this Agreement for any and all payments or settlements to be made hereunder. Any payments due hereunder shall be made by the personal representative or executor of the deceased from his or her estate. This Agreement shall be binding upon the heirs, executors, administrators, legal representatives and assigns of both parties hereto. 24. Mutual Release: Husband and Wife each does hereby mutually release, remise, quit-claim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interest, or claims in or against the property, including income and gain from property hereafter accruing, of the other or against the estate of each other, of whatever nature and wheresoever situate, which she or he now has, or at any time hereafter may have against each other, the estate of the other or any part thereof, whether arising out of any former acts, contracts, engagements Or liabilities ofllie other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's rights or widower's rights, family exemption or similar allowance, or under the Intestate Law, or the rights 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 the surviving spouse to participate in a deceased spouse's estate or any right which a wife or a husband may have or at any time hereafter may have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital separation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any pad hereof. It is the intention of Husband and Wife to give each other by the execution of this Agreement a full and complete general release with respect to any and all property of any kind or nature, which the other ~: v. · f'. 2~85 7: 19D\r1 SCA~~~G: & SCAR:NG~ ~ (' . v. ~I ~ c c ~ C' .\ '.:, ).) ) ~ . ~ J now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatever nature arising or which may arise under this Agreement or for the breach of any part of this Agreement, subject, however, to the implementations and satisfaction of the conditions precedent as set forth herein above. 25. General Duty to Indemnify: Each Party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than those described ill this Agreement, on which the other Party is or may be liable. Each Party covenants that if any claim, action or proceeding is initiated seeking to hold the other Party liable for any debt, obligation, liability, act, or omission related to the marriage of the Parties for which that Party is responsible under the terms of this Agreement, the responsible Party will, at his or her sole expense, defend the other against the claim, action, or proceeding. In addition, each Party covenants that he or she \\>ill indemnify and hold haxmless the other Party with respect to all Damages resulting from the proceeding. The teon "Damages", as used in this Agreement., shall include, without limitation, any loss, cost or other liability that results from the prosecution of any claim, action, or proceeding, including reasonable attorneys' fees and other expenses incurred in the prosecution of the claim, action, or proceeding or in an attempt to avoid such litigation. To be includible, "Damagestt must result from an inaccurate representation made by or on behalf of either Party to the other in or pursuant to this Agreement, or from a breach of any of the covenants, promises or obligations made by or incurred by either Party in or pursuant to this Agreement. Each Party agrees to give the other prompt written notice of any litigation, demand, claim, action or proceeding that is threatened or instituted against him or her and that might constitute the basis of a claim for indemnity pursuant to the tenns oftbis Paragraph. ~: V, 1 (!. 2006 7:20C\~ SCA~:~G! & SCA~!~G! D " , v, Ii., ~ r:: 1 ~ \ ".' ~ -' J 1 t 26. HeadinRiS Not a Part of A2teemeot: 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 shalI they affect its meaning, construction or effect 27. Void Clauses aDd Severability: If any tenn, condition, clause or provision of this Agreement shall be detennmed or declared to be void or invalid in law or otherwise, then only that term, condition, clause or pro'\ision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 28. Warranty: Husband and Wife acknowledge that they have each read and understand this Agreement, and each warrants and represents that it is fair and equitable to each of them. 29. Law of PeooiSl'lvaDia AODlicable: This Agreement shall be construed in accordance "vith the laws of the Commonwealth of Pennsylvania. 30. Ae:reemeDt Part of Divorce Dec..ee: Husband and Wife agree that this Agreement is to have all the force and effect of a Court Order, and, upon Divorce, shall be included as part of the Divorce Decree for enforcement purposes. 31. Survival Beyond Divorce Decree: The parties hereby acknowledge that they have accepted the within Marital Settlement Agreement as a final settlement for all purposes whatsoever between themselves as contemplated by the PelIDsylvania Divorce Code. Should a Decree, Judgment, or Order of Separation of a Divorce ":v. ':'~. 2085 7:2:iCV SCA~l~G: & SCA~:~G! DC. ~;. 55~5 D 15 be obtained by either of the parties in this or any other state, each of the parties hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation or divorce; and nothing in any such Decree, Judgment, or Order or further modification or revision thereof, shall alter, amend or vary any telID oftrus Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any Decree, Judgment, or Order of Divorce or Separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, shall be incorporated by reference into any Divorce, Judgment or Decree for the purposes of enforceability only. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to pennit this Agreement to survive any Judgment or Decree, and to be forever binding and conclusive upon the parties. 32. 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 if they 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. 33. Effective Date: This Agreement shall be immediately effective upon execution by the parties and is not subject to any conditions precedent such as the parties' divorce. 34. Distribution Date: The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" vihich shall be defined. as the date of execution of this Agreement unless otherwise specified herein. i~ov. 1(1. 2006 7:18PM SCARlNGl & SCARlNGl p, C. No.5515 ~' " .) NOW THEREFORE, for and in consideration the mutual promises herein contained, and in consideration of other good and valuable considerations, and intending to be legally bound hereby, the parties mutually promise, covenant and agree as follows: 1. A2reemeot Not A Bar To Divorce Proceedine:s: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce on lawful gromds if such gromds now exist or shall hereafter exist or to such defense as may be available to either party. This agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 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. Personal Rie:bts: A. It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place as he or she may from time to time choose or deem fit. The provisions of this Agreement shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. B. Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to or endeavor to \:v. ~:i. 2006 7:20c~ SCA~~NG! & SCAR~\G! p. C. ~I:,. 5515 p 15 35. Sanctions for Non-Compliaoce: In the event that either party breaches any provision ofthis Agreement and the other party retains counsel to assist in enforcing the texms hereof, the breaching party will pay all attorney's fees, court costs and expenses (including interest and travel costs if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is th.e specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and attorneys' fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. IN WITNESS WHEREOF, the parties have signed this Agreement on the day and year first above written. \VITNESS: (SEAL) (SEAL) ~t2-~ KATHLEEN A. LEBO (SEAL) ~0V. '0. 2~05 7:20PM SC~R!NG! & SCAR!~G: P, C. ~0. 5515 p 17 COMMONWEALTH OF PENNSYLVANIA; : SS: COUNTY OF DAUPHIN : Personally appeared before me, the undersigned officer, this 17m day of JOV(!.n?b.ev ~ 200 it. MYRON L. LEBO, knovm to me, or satisfactorily proven to be, the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the pwposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. ~~~Mr- My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBRA L. LOGAN. Notary Public Susquehanna Township. Dauphin County My Commission Expires June 11 . 2009 (SEAL) COMMONWEALTH OF PENNSYLVANIA: COUNTY OF ~\.-- SS: Personally appeared before me, the undersigned officer, this r7~ of ~O ~ 'r--- 20CO ,(KATHLEEN A. LEBO, known to me, or satisfactorily proven to be, the person whose name is subscribed to the \\;thin instrument, and acknowledged that he executed the same for the pwposes therein contained. IN WITNESS WHEREOF, I have hereWlto set my hand and seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Diane G. Raddiff. Notary Public Camp Hill Bora. Cumberiand County My Commission Expires Jan. 11. 2008 . Member. Pennsvlvanla Association Of Notaries 1'-"",) ('\,) -.....;. - - (',) C..:> :'-~~i .'.0 .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN A. LEBO, Plaintiff NO. 06-2752 CIVIL TERM v. CIVIL ACTION. LAW. MYRON L. LEBO, DIVORCE Defendant PRAECIPE OF TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of Filin~ of Comolaint: May 15, 2006; reinstated June 30, 2006 b. Manner of Service of Complaint: Certified Mail; Restricted Delivery c. Date of Service of Comolaint: July 6, 2006 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: November 17, 2006 b. Defendant: November 17, 2006 OR DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301 (D) OF THE DIVORCE CODE AND DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON THE DEFENDANT: a. Date of Execution: Nt A b. Date of Filin~: Nt A c. Date of Service: Nt A 4. RELATED CLAIMS PENDING: No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated November 17, 2006, which Agreement is to be incorporated into but not merged with the Divorce Dec ree. 5. DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT RECORD, A COPY OF WHICH IS ATTACHED, IF THE DECREE IS TO BE ENTERED UNDER SECTION 3301 (0)(1 )(1) OF THE DIVORCE CODE: a. Date of Service: Nt A b. Manner of Service: Nt A OR DATE WAIVER OF NOTICE IN SECTION 3301 (C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: November 27, 2006 b. Defendant's Waiver: November 2]. CLIFF, ESQUIRE 344 Road Camp Hill, PA 17011 Supreme Court I D # 32112 Phone: (717) 737-0100 ~ :>eP "'\': rn 0}j-, Zf: CO ":' :5'f-~ 1/"-" "'-- ?;~\ ~\.-"' <c y~, ~ ~ a ;.c: ~ ~ - - ~ ~~ ~~. iq, ~~ S\ ~ (j'\ -.oJ ~'f. ;f. ;f. ;f.;f. ;f. ;f. ;f.if.;f.if. if. ;f. ;f.if. ;f. ;f.if. if. if.if.if.if.;f.if. if. if. if. if. if.if. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. KATHLEEN n. LEBO, Plrlintiff No. Oh-?711? C'TVTT, 'T'F.RM VERSUS MYRON L. LEBO, Defendant DECREE IN DIVORCE AND NOW, 'Do" Co. 7 ,2006 , IT IS ORDERED AND DECREED THAT KATHLERN A. LEBO , PLAI NTI FF, AND MYRON L. LEBO , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRI MONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; No issues are outstanding. All issues have been resolved and settled by the Parties' Marital Agreement dated November 17, 2006, filed of record and incorporated into, but not merged with, this Decree. +::f.:+::f.:+::+::+:+::f.:f. :+3 :+: ;f.if.if. ATT T'/~ (e- ROTHONOTARY J. if.if.if.if.;f. ;f.if. if.if.if. if.;f.if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. -~$! ~~~ 1lPp'~~ ~ fp .~~~.v r?J 1(J. ;-el .