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HomeMy WebLinkAbout06-5603JULIA K. WEAVER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA (2 L u't. ?&n FREDRICK W. LIGHTY, : CIVIL ACTION - LAW 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 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 marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. 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 LAWYER 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 Telephone No. (717) 249-3166 or 1-800-990-9108 andra L. Meilton Attorney for Plaintiff TUCKER ARENSBERG, P.C. P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 JULIA K. WEAVER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. ?C. - ?LC l..dvc,h FREDRICK W. LIGHTY, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Julia K. Weaver, an adult individual who is sui juris and resides at 2903 Society Hill Drive, Apartment 308, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Fredrick W. Lighty, an adult individual who is sui juris and resides at 6179 Spring Knoll Drive, Harrisburg, Dauphin County, Pennsylvania 17111. The present whereabouts of the Defendant, Fredrick W. Lighty, to the knowledge of the Plaintiff, is the same. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 10, 1998, in Malahat, British Columbia, Canada. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the grounds on which the action is based is that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; and B. For such further relief as the Court may determine equitable and just. TUCKER ARENSBERG, P.C. Sandra L. Meilton, Es uire I.D. No. 32551 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 717-234-4121 Attorneys for Plaintiff • 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. Section 4904, relating to unsworn falsification to authorities. 1 Julia K. Weaver, Plaintiff Dated: Y 89140 n Q Lq rya cr> tU -T, r? d .a Bch JULIA K. WEAVER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-5603 Civil Term FREDRICK W. LIGHTY, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF DAUPHIN ) AND NOW, this 2nd day of October, 2006, personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Gloria M. Rine, paralegal to Sandra L. Meilton, who being duly sworn according to law, deposes and says that on September 27, 2006, she mailed a certified copy of a Complaint in Divorce to Fredrick W. Lighty, 6179 Spring Knoll Drive, Harrisburg, PA 17111, by certified mail no. 7004 2890 0002 8004 6747, restricted delivery, return receipt requested, and the same was received on September 28, 2006 by him, as indicated by the return receipt card which is attached hereto. r Gloria M. Rine Sworn to and subscribed before me this 2nd day of October, 2006. (?? Notary Public NOTMuu SEA[ (SEAL) MICHELE KUSERY GRANT Noftry PubilC CITY OF HAI UR6, DAUMN COUNTV MV COMINIOn EXIM" Nov 3.2007 r. ¦ - - (Domestic Only; No Insurance Coverage Provided) .n For delivery information visit our , U o 0 CO Postage $ r u Q Certified Fee Postmark Q Return Receipt Fee O (Endorsement Required) Restricted Delivery Fee Q Cr (Endorsement Required) CO rU Total Postage & Fees I' - ° Sent To FREDRICK W LIGHTY . b`fiaeG Apt. No.; -------------------------------------------------- ---------------------- orPO&ox6U9 SPRING KNOLL DRIVE -------------------- ---- ---- - - - - - -•- ------ cm ware' zrR` %4 RISBURG PA 17111 ............. ¦ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. X F ¦ Print your name and address on the reverse 7, 0 Addressee so that we can return the card to you. B. eceived b Prlnfed ) C. a of Delivery ¦ Attach this card to the back of the mailpiece, ermits ace o r on the front if s fr a ? 11 ej v . p p - dd f it 1? ? Yes D. Is delivery a rom em • 1. Article Addressed to: FREDRICK W. LICHrY If YES, enter d w: ? No 6179 SPRINT G KULL DRIVE 1 HARRISBURG PA 17111 I ((.J/ RESTRICTED 3. Service Type =Certified Mail ? Express Mail ? Registered ? Retum Receipt for Memhandise DELIVERY 0 Insured Mail o C.O.D. 4. Restricted Delivery? Fee Yes 2. Article Number (rmnsfer trom service bw 7004 2890 0002 8004 6747 PS Form 3811, February 2004 Dortmetic Return Receipt 102595-o2-M-15Q ?' J ? 7 ? . ..-r.` . _. -'1 ?' +.'1 ? ? ? : `4 ?- Y.? J cl? "-j I JULIA K. WEAVER, Plaintiff V. FREDERICK W. LIGHTY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5603 CIVIL ACTION - LAW IN DIVORCE ELECTION TO RESUME PRIOR NAME I, Julia K. Lighty, do hereby elect to resume my prior name, to wit: Julia K. Weaver. As noted above, I am a party in the divorce action entered to the above number and term, and give this written notice avowing my intention in accordance with the provisions of 54 Pa.C.S.A. Section 704, as amended by Act 2000-92, effective January 21, 2001. Sworn to and subscribed before e this cl? day of 2007. Notary Pub i (SEAL) COMMONWEALTH OE PENNSYLVANIA 89190.1 NOTARIAL SEAL CAROL L. KENLEY Susquehanna Tw ? Notaryr Public Commission p'' Dauphin County Expires Nov. 9, 2008 Juli K. Lighty, to be k o n - ", a- ? 16QA? Julia K. Weaver r? N G a 0 F Q -n -? f --i (_D ? t-ti Sandra L. Meilton, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton@dzmmalaw.com JULIA K. WEAVER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-5603 CIVIL TERM CIVIL ACTION - LAW FREDRICK W. LIGHTY, 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 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 marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, PA 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 LAWYER 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 Telephone No. (717) 249-3166 or 1-800-990-9108 Sandra L. Meilton, Es uire, No. 32551 Attorney for Plaintiff DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive, Harrisburg, PA 17109 (717) 657-4795 Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton@dzmm,(-Ylaw.com JULIA K. WEAVER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. FREDRICK W. LIGHTY, Defendant NO. 06-5603 CIVIL TERM CIVIL ACTION -LAW : IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES AND NOW comes Plaintiff, Julia K. Weaver, by and through her counsel, Sandra L. Meilton, Esquire, of Daley Zucker Meilton Miner & Gingrich, LLC, and files the within Petition for Alimony Pendente Lite, counsel fees and expenses: Plaintiff does not have sufficient funds to support herself and pay counsel fees and expenses incidental to this action. 2. Defendant is full well and able to pay Plaintiff Alimony Pendente Lite, counsel fees and expenses incidental to this divorce action. WHEREFORE, Plaintiff requests the Court to: A. Direct the Defendant to pay Alimony Pendente Lite and Plaintiffs counsel fees and the costs of this proceeding; and B. Grant such further relief as the Court may determine equitable and just. Respectfully submitted, DALEY ZUCKER WILTON MINER & GINGRICH, LLC BY: Sandra L. Meilton .D. #32551) 1029 Scenery Drive Harrisburg, PA 17109 Date: ?J , 2009 ATTORNEYS FOR PLAINTIFF VERIFICATION I, Julia K. Weaver, verify that the statements made in the attached document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unworn verification to authorities. Julia K. Weaver Dated: g? ? ? bo) CERTIFICATE OF SERVICE 441 AND NOW, this day of 2009, 1, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Daley Zucker Meilton Miner & Gingrich, LLC, hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: Darren J. Holst, Esquire P.O. Box 810 Harrisburg, PA 17108 J-Z4 a,, r -,-- Gloria M. Rine OF FILE)- a= r?;c „r ,- ,,_?,?n7QY TITC 2004 4UC, 26 Al J, 8: 02 Ole ? ? 3G a- s 0/t( Sandra L. Meilton, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton(a)dznunQlaw. com JULIA K. WEAVER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-5603 CIVIL TERM CIVIL ACTION -LAW FREDRICK W. LIGHTY, Defendant IN DIVORCE PLAINTIFF'S PETITION REQUESTING HEARING ON CLAIM FOR ALIMONY PENDENTE LITE AND NOW comes Plaintiff, Julia K. Weaver, by and through her counsel, Sandra L. Meilton, Esquire, of Daley Zucker Meilton Miner & Gingrich, LLC, and files the within Petition Requesting Hearing on Claim for Alimony Pendente Lite: 1. On September 26, 2006, Plaintiff filed a Complaint in Divorce docketed to the above matter. 2. Concurrently with filing this Petition, Plaintiff is filing a Petition for Alimony Pendente Lite, Counsel Fees and Expenses. 3. Concurrently with filing this Petition, Plaintiff is filing the "DRS Attachment for APL Proceedings" with the Court's Domestic Relations Office. WHEREFORE, Plaintiff requests the Court to set a hearing on her alimony pendente lite claim, and thereafter to award her alimony pendente lite. Respectfully submitted, Date: ( k4o , 2009 DALEY ZUCKER WILTON MINER & GINGRICH, LLC BY: Sandra L. Meilton I.D. #32551) 1029 Scenery Drive Harrisburg, PA 17109 ATTORNEYS FOR PLAINTIFF VERIFICATION I, Julia K. Weaver, verify that the statements made in the attached document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn verification to authorities. J4ua K. Weaver Dated: A&-Itm- CERTIFICATE OF SERVICE AND NOW, this day of , 2009, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Daley Zucker Meilton Miner & Gingrich, LLC, hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: Darren J. Holst, Esquire P.O. BOX 810 Harrisburg, PA 17108 Gloria M. Rine RLEE% OF Th'C TARY 2CC9 A U G 26 ?. G2 C?{A . _t riL d ` l/ R ?? ? t( tdl1 ?? I ?f? (O!' y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION 13 N. HANOVER ST., P.O. BOX 320, CARLISLE, PA 17013 Phone: (717) 240-6225 JULIA K. WEAVER, Plaintiff V. FREDRICK W. LIGHTY, Defendant Fax: (717) 240-6248 CIVIL ACTION -LAW NO. 06-5603 CIVIL TER IN DIVORCE DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER'S INFORMATION: Name: Julia K. Weaver Address: 2903 Society Hill Drive, Apt. 308, Camp Hill, PA 17011 SSN: 434-13-4825 DOB: 2/22/70 Telephone: 717-737-2771 Physical Description: Ht.5' 10" Wt. lbs. Eyes Blue Hair Brown Race Caucasian Email address: juliakweaverggmail.com or jweaver ,pbi.org Employer: Pennsylvania Bar Institute Employer's Address: 5080 Ritter Road, Mechanicsburg, PA 17055 Phone: 717-796-0804 Title/Position: Web Site Manager Gross Pay:$40,867.74 Net Pay: $28,679.56 Petitioner's Attorney: Sandra L. Meilton, Esquire Petitioner's Attorney's Address: 1029 Scenery Drive, Harrisburg, PA 17109 Phone: 717-657-4795 Medical Insurance Carrier: Highmark Blue Shield Medical Insurance Carrier Address: P.O. Box 890173, Camp Hill, PA 17089-0173 Phone: 1-866•-871-7579 Policy Number: Plan No. 378 Group Number: 02502188 RESPONDENT'S INFORMATION: Name: Fredrick W. Lighty Address: 6179 Spring Knoll Drive, Harrisburg, PA 17111 SSN: 180-50-1284 DOB: 3/18/67 Telephone: 717-541-8965 Physical Description: Ht.6'1 " Wt. lbs. Eyes Blue Hair Light Brown Race Caucasian Email address: Fredrick@lighty.net Employer: Dauphin County/self-employed Employer's Address: P.O. Box 60312, Harrisburg, PA 17106 Phone: 717-329-7419 Title/Position: Attorney Gross Pay:$81392.26 + royalties from book: with West Publishing Net Pay: $ unknown to Plaintiff Respondent's Attorney: Darren J. Holst, Esquire Respondent's Attorney's Address: 130 Walnut Street, P.O. Box 810, Harrisburg, PA 17108 Phone: 717-234-2616 Medical Insurance Carrier: Highmark Blue Shield Medical Insurance Carrier Address: P.O. Box 890173, Camp Hill, PA 17089-0173 Phone: 1-866-871-7579 Policy Number: PlanNo. 378 Group Number: 02502188 MARRIAGE INFORMATION: Date Married: 6/10/98 Date of Separation: May 25, 2006 Place of Marriage: Malahat, British Columbia, Canada. Address of last Marital Domicile: 6179 Spring Knoll Drive, Harrisburg, PA 17111 Description of Document Raising APL Claim: Plaintiffs Petition for Alimony Pendente Lite Date APL Document Filed**: August 26, 2009 **Please note: A copy of the filed document MUST be enclosed with this form.** OF 2009 AUG) 25 AN 0: 0 t, T, Lary ?-, 'D k3 JULIA K. WEAVER, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-5603 CIVIL TERM FREDRICK W. LIGHTY, IN DIVORCE Defendant/Respondent : PACSES NO: 565111101 ORDER OF COURT AND NOW, this 28th day of August, 2009, 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. Shadday on October 7. 2009 at 9:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 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: (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 warrant for your arrest. Copies mailed to: Petitioner BY THE COURT, Respondent Sandra L. Meilton, Esq. Darren Holst, esq. Date of Order: August 28, 2009 ?-+ J esley Oler, Jr., Judge 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 FJLE+,-`--:„ F ICE OF TF?E 13th ?r?:?,#`,r?TAY 2009 SE-L?' - I PM 2: 26 r ?l`i v ?'c LL i-1` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JULIA K. WEAVER, Plaintiff V. FREDRICK W. LIGHTY, Defendant NO. 06-5603 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF DIVORCE MASTER AND NOW, comes Defendant, Fredrick W. Lighty, by and through his counsel, Howett, Kissinger & Holst, P.C., who hereby files the instant Motion for Appointment of Divorce Master with respect to the following claims: Divorce; Distribution of Property; Alimony Pendente Lite; and Counsel Fees, Costs and Expenses and in support of the Motion states: 1. Discovery is not complete as to the claims for which the appointment of a master is requested. However, Defendant believes, and therefore avers, any discovery still required is minimal and can be completed within 30 days of the filing of this Motion. 2. The non-moving party has appeared in this action through her attorney, Sandra L. Meilton, Esquire, of Daley, Zucker, Meilton, Miner & Gingrich, LLC., 1029 Scenery Drive, Harrisburg, PA 17109. 3. The statutory ground for divorce is § 3301-Irretrievable Breakdown. 4. The action is not contested with respect to divorce. The action is contested with respect to the claims of distribution of property, alimony pendente lite and counsel fees, costs and expenses. 5. This action does not involve complex issues of law or fact. 6. A hearing on the matter is expected to take one (1) day. 7. Additional information, if any, relevant to the Motion: Defendant requests the scheduling of a pretrial conference. Date: 1d U Respectfully submitted, 115-D- 11,49- Darren J. Iffolst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. BOX 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Fredrick W. Lighty IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JULIA K. WEAVER, Plaintiff ) V. ) FREDRICK W. LIGHTY, ) Defendant ) NO. 06-5603 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Darren J. Holst, Esquire, counsel for Fredrick W. Lighty, Defendant in the above- captioned action, hereby certify that a true and correct copy of the foregoing Motion for Appointment of Divorce Master was served upon Sandra L. Meilton, Esquire, counsel for Julia K. Weaver, Plaintiff, by depositing same in the United States mail, first class, on October 8, 2009, addressed as follows: Sandra L. Meilton, Esquire DALEY, ZUCKER, MEILTON, MINER & GINGRICH, LLC. 1029 Scenery Drive Harrisburg, PA 17109 Date: ?0Iqa 5 Darren J. olst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Defendant, Fredrick W. Lighty OF THE 2099OCT -3 PH 112 Darren J. Holst, Esquire HOWETT, KISSINGER & HOLST, P.C. OCT 1' ?9 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Fredrick W. Lighty IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JULIA K. WEAVER, ) Plaintiff ) NO. 06-5603 CIVIL TERM V. ) FREDRICK W. LIGHTY, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE ORDER APPOINTING MASTER AND NOW, this 0 day of 0661 2009, upon consideration of Defendant's Motion for Appointment of Divorce Master, 4f. lua , Esquire is hereby appointed master with respect to the following claims: divorce; distribution of property; alimony pendente lite; and counsel fees, costs and expenses. BY THE COURT: v 1 A J. Moving Party Name: Fredrick W. Lighty ?Attorney's Name: Darren J. Holst Attorney's Address: Howett, Kissinger & Holst 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Attorney's Telephone: (717) 234-2616 Attorney's E-mail: dholstL&,paonline.com C Ce's erU"j_(Lqr_L Non-Moving Party Na e: Julia K. Weaver ttorney's Name: Sandra L. Meilton Attorney's Address: Daley, Zucker, Meilton Miner & Gingrich, LLC. 1029 Scenery Drive Harrisburg, PA 17109 Attorney's Telephone: (717) 657-4795 Attorney's E-mail: smeiltonkdzmmglaw.com A FILEU?J'F'i CE OF Ti 'r U ` -; 'I gTAPY 2009 OCT I 3 APB 8: ; 3 .r• Darren J. Holst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Fredrick W. Lighty IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JULIA K. WEAVER, Plaintiff NO. 06-5603 CIVIL TERM V. FREDRICK W. LIGHTY, Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S PETITION RAISING SUPPLEMENTAL DIVORCE CLAIMS AND NOW, comes Defendant, Fredrick W. Lighty, by and through his counsel, Howett, Kissinger & Holst, P.C., who hereby files the instant Petition Raising Supplemental Divorce Claims and in support thereof avers as follows: 1. Petitioner is Fredrick W. Lighty ("Husband"), Defendant in the above- captioned divorce action. 2. Respondent is Julia K. Weaver ("Wife"), Plaintiff in the above-captioned divorce action. 3. On September 26, 2006, Wife initiated the above-captioned action by fling a complaint for no-fault divorce. 4. On August 26, 2009, Wife filed a supplemental petition raising the claims of alimony pendente lite and counsel fees, costs and expenses. 5. Per Rule 1920.15 of the Pennsylvania Rules of Civil Procedure, a defendant may file to the same term and action number a subsequent petition raising any claim which, under the Divorce Code, may be joined with an action for divorce for annulment. 6. In accordance with Rule 1920.15(b), Husband hereby asserts the following supplemental divorce claims: COUNT I - EQUITABLE DISTRIBUTION The prior paragraphs of this Petition are incorporated herein by reference thereto. Husband and Wife have legally and beneficially acquired property, both real and personal, during their marriage, which property constitutes "marital property" as defined by the Divorce Code. WHEREFORE, Defendant respectfully requests this Honorable Court enter an order equitably dividing all marital property. Respectfully submitted, Date: / o Darren J. olst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Fredrick W. Lighty 'VERIFICATION I. Fredrick W. Lighty, hereby swear and affirm that the facts contained in the foregoing Petition Raising Supplemental Divorce Claims are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DDAE Fredrick W. Lighty IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JULIA K. WEAVER, Plaintiff ) V. ) FREDRICK W. LIGHTY, ) Defendant ) NO. 06-5603 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Darren J. Holst, Esquire, counsel for Frederick W. Lighty, Defendant in the above- captioned action, hereby certify that a true and correct copy of the foregoing Petition Raising Supplemental Divorce Claims was served upon Sandra L. Meilton, Esquire, counsel for Julia K. Weaver, Plaintiff, by depositing same in the United States mail, first class, on October 8, 2009, addressed as follows: Sandra L. Meilton, Esquire DALEY, ZUCKER, MEILTON,MINER & GINGRICH 1029 Scenery Drive Harrisburg, PA 17109 Date: / d S 7 :)D? Darren J. Holst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Defendant, Fredrick W. Lighty FILE r rub 20c?9 GC r -9 Fri ! 2 ,L,ra L/ ~ ,7` 1A" Darren J. Holst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Fredrick W. Lighty IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JULIA K. WEAVER, Plaintiff ) V. ) FREDRICK W. LIGHTY, ) Defendant ) NO. 06-5603 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE INVENTORY OF DEFENDANT Defendant files the following Inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this Inventory are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: redrick W. Lighty, Defendant*f I/ ASSETS OF THE PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real Property ( ) 2. Motor vehicles O 3. Stocks, bonds, securities and options O 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes O 8. Trusts O 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) O 10. Annuities O 11. Gifts O 12. Inheritances (X) 13. Patents, copyrights, inventions, royalties O 14. Personal property outside the home (X) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) () 16. Employment termination benefits - severance pay, worker's compensation claim/award () 17. Profit sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) O 22. Military/V.A. benefits O 23. Education benefits () 24. Debts due, including loans, mortgages held () 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) O 26. Other MARITAL PROPERTY Defendant lists all marital property in which either or both spouses had a legal or equitable interest individually or with any other person as of the date this action was commenced: ITEM # DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS 1 6179 Spring Knoll Drive, Harrisburg, PA 17111 (Marital Residence) Husband and Wife 2 TIAA-CREF Retirement Wife 3 Dauphin County Pension Husband 4 Defined Benefit PBI Pension Plan Wife 5 Law Practice Husband 6 Susquehanna Polling & Research Stock Husband 7 Members First Account (#3680) Wife 8 County National Bank Account (#2015) Wife 9 Sovereign Bank Account (#5885) Husband 10 Fulton IOLTA Account (#41850) Husband 11 PNC Bank Account (#8205) Husband 12 Wachovia Bank Account (#0457) Husband 13 Schwab Brokerage Account (#8859) Husband NON-MARITAL PROPERTY Defendant lists all non-marital property believed to be owned as of the date this action was commenced: ITEM # DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS 1 Royalties Contract (West Publications) Husband PROPERTY TRANSFERRED Defendant identifies below all property transferred within the preceding three years. PERSON TO WHOM DATE OF TRANSFERRED ITEM # DESCRIPTION OF PROPERTY TRANSFER 1 N/A LIABILITIES Defendant identifies below liabilities existing as of separation. ITEM # DESCRIPTION OF PROPERTY NAMES OF ALL CREDITORS NAMES OF ALL DEBTORS 1 Mortgage on marital residence PNC Bank Husband and Wife 2 Discover Credit Card Discover Wife 3 US Airways Visa Credit Card Bank of America Wife 4 Members First Credit Card Members First Wife 5 Members First Loan Members First Wife IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JULIA K. WEAVER, Plaintiff ) V. ) FREDRICK W. LIGHTY, ) Defendant ) NO. 06-5603 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Darren J. Hoist, Esquire, counsel for Fredrick W. Lighty, Defendant in the above- captioned action, hereby certify that a true and correct copy of the foregoing Inventory was served upon Sandra L. Meilton, Esquire, counsel for Julia K. Weaver, Plaintiff, by depositing same in the United States mail, first class, on October 22, 2009, addressed as follows: Sandra L. Meilton, Esquire DALEY, ZUCKER, MEILTON, MINER & GINGRICH, LLC. 1029 Scenery Drive Harrisburg, PA 17109 Date: / D ; Z /0 / Darren JH st, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Defendant, Fredrick W. Lighty 2043 OCT 23 f% 12* 2a ?u JULIA K. WEAVER, Plaintiff/Petitioner VS. FREDRICK W. LIGHTY, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 06-5603 CIVIL TERM IN DIVORCE PACSES CASE: 565111101 ORDER OF COURT AND NOW to wit, this 27th day of October, 2009, it is hereby Ordered that the Petition for Alimony Pendente Lite is dismissed, without prejudice, pursuant to a Spousal Support order being entered under PACSES Case # 045111102 and docketed at 00712 S 2009. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R.J. Shadday xc: Petitioner Respondent Sandra L. Meilton, Esq. Darren J. Hoist, Esq. Form OE-001 Service Type: M Worker: 21005 BY THE COURT: R1.E4-40rrRCE OF THE PROTHONOTARY 209 CT 29 PM 2! 34 GUMBO r WUNY ONES IA JULIA K. WEAVER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA o V. NO. 06-5603 CIVIL TERM C-) CIVIL ACTION -LAW "_ _n r, FREDRICK W. LIGHTY, ? ' Defendant IN DIVORCE -0 171 1.5. AFFIDAVIT OF CONSENT r_ 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was fil6d one za September 26, 2006. 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. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) OF THE DIVORCE CODE 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. §4904 relating to unsworn falsification to authorities. Date: :t - l I- I D Julia K. Weaver IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JULIA K. WEAVER, ) Plaintiff ) V. ) NO. 2006 - 5603 CIVIL TERM FREDRICK W. LIGHTY, ) CIVIL ACTION - LAW - '' Defendant ) IN DIVORCE IM DEFENDANT'S AFFIDAVIT OF CONSENT' 1. A complaint in divorce under §3301(c) of the Divorce Code vices fi p one September 26, 2006. 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 in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. 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 above 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. Date: 2A7116> Fredrick W. Lighty, e ndant MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN FREDRICK W. LIGHTY AND JULIA K. WEAVER Darren J. Holst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Fredrick W. Lighty Sandra L. Meilton, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 Telephone: (717) 657-4795 Counsel for Julia K. Weaver MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this ?day of , 2010, by 0 and between FREDRICK W. LIGHTY, of Dauphin County, Pennsylvania, and JULIA K. WEAVER, of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, Fredrick W. Lighty (hereinafter referred to as "Husband") was born on March 18, 1967 and currently resides at 6179 Spring Knoll Drive, Harrisburg, Dauphin County, Pennsylvania 17111; WHEREAS, Julia K. Weaver.(hereinafter referred to as "Wife") was born on February 22, 1970 and currently resides at 2903 Society Hill Drive, Apartment 308, Camp Hill, Cumberland County, Pennsylvania 17011; WHEREAS, the parties hereto are husband and wife, having been lawfully married on June 10, 1998 in Malahat, British Columbia, Canada; WHEREAS, the parties have lived separate and apart since on or about May 24, 2006; WHEREAS, no children were born of the marriage between the parties; WHEREAS, 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 support and maintenance of one another 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 these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. Each party acknowledges he or she has had the opportunity to receive independent legal advice from counsel of his or her selection (Darren J. Holst, Esquire for Husband and Sandra L. Meilton, Esquire for Wife). Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable; it is being entered into freely and voluntarily; the execution of this Agreement is not the result of any duress or undue influence; and it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges he or she is aware of his or her right to seek discovery, including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other. assessed or evaluated by the courts of this commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each party warrants he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife 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 or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and, thus, any divorce action with respect to these parties shall be limited to a claim for no-fault divorce only. The parties acknowledge that, on September 26, 2006, Wife initiated a divorce action under the no-fault provisions of the Divorce Code by filing a complaint docketed at No. 06-5603 Civil Term in the Court of Common Pleas of Cumberland County. On August 26, 2009 Wife filed a supplemental petition raising the economic claims of alimony pendente lite, counsels fees, costs and expenses, and on October 9, 2009, Husband filed a supplemental petition raising the economic claim of equitable distribution. Additionally, Husband has requested the appointment of a divorce master and E. Robert Elicker, Esquire has been appointed master. The parties acknowledge the ninety (90) day waiting period provided for under Section 3301(c) of the Divorce Code has expired. Therefore, contemporaneously with the execution of this Agreement, each.,party will sign an Affidavit of 4 Consent to Divorce and Waiver of Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Wife for filing. Husband's counsel will take all steps necessary to vacate the divorce master's appointment, and once said appointment has been vacated, Wife's counsel will take the steps necessary to precipitate the entry of a divorce decree. The parties acknowledge Husband's obligation to pay Wife the lump sum equitable distribution payment called for in paragraph 5(i), infra, is specifically conditioned upon Wife executing and filing her Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree at or around the time of execution of this Agreement. 5. EQUITABLE DISTRIBUTION. (a) Marital Residence. The parties acknowledge they are the titled owners, as tenants by the entireties, of that certain house and lot and all improvements thereupon situated at 6179 Spring Knoll Drive, Harrisburg, Dauphin County, Pennsylvania 17111 (hereinafter referred to as the "Marital Residence"). The parties agree as follows with respect to the Marital Residence: (1) Husband shall become the sole and exclusive owner of the Marital Residence and shall be permitted to take any action with respect thereto he deems appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest she may have in and to the Marital Residence. Wife shall, at Husband's request, execute a deed, prepared by him, transferring all of her right, title, claim and interest in the Marital Residence to Husband. Said deed shall be held in escrow by Wife's counsel until such time as Husband refinances the jointly titled encumbrance on the Marital Residence to remove Wife's name from liability thereon as set forth in paragraph 5(a)(3), infra. Wife agrees to release the deed from escrow at or around the time of settlement on any refinancing to permit the refinancing to be completed and the deed recorded. (2) Wife agrees that, as of the date of execution of this Agreement, any and all title policies and any other policies of insurance with respect to the Marital Residence shall be endorsed to reflect Husband as sole owner thereof and further agrees Husband shall be entitled to receive any payments now or hereafter due under any such insurance policies. Notwithstanding, if Husband hereafter receives any payments due under any such insurance policies on the Marital Residence while Wife remains named as a responsible party on the jointly titled mortgage, Husband acknowledges and agrees said insurance proceeds shall be used specifically for satisfaction of the joint mortgage so as to release Wife from liability thereon. Any insurance proceeds remaining after satisfaction of the mortgage shall remain Husband's sole and separate property. (3) Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including reasonable attorneys' fees, which may be incurred in connection with such liabilities and expenses. Moreover, Husband shall, within sixty (60) days of the date of the execution of this Agreement, take all steps necessary to apply with the current mortgage holder of the mortgage associated with the Marital Residence or another lending institution to refinance the existing mortgage and remove Wife's name from any liability- thereon. Should the lending 6 institution deny said application, Husband shall make re-application to the same or other lending institutions to remove Wife from liability associated with the mortgage every six months thereafter until such time as the refinancing application is approved. Husband shall have a duty to provide Wife with copies of all documentation evidencing he is in compliance with this subparagraph within five (5) business days of submitting said documentation to the lending institution or, upon receipt of said documentation from the lending institution. (4) In the event Husband has not completed refinancing or has not removed Wife's name from the mortgage on the Marital Residence within twenty-four (24) months of the date of execution of this Agreement, the parties shall negotiate in good faith as to the subsequent steps to be taken by Husband, including, but not limited to, placing the residence up for sale. If the parties cannot reach an agreement, the matter shall be submitted to the Court of Common Pleas of Cumberland County for resolution. If the parties agree to list the property for sale, it shall be done so with a mutually agreeable realtor. If the parties cannot agree, counsel shall jointly select the realtor. Any net proceeds remaining after satisfaction of the outstanding debt shall remain Husband's sole and separate property. In the event Husband goes into default on payment of the mortgage to the Marital Residence during such time as Wife remains named a responsible party thereon, the Marital Residence shall be immediately listed for sale. Husband shall notify Wife no later than three (3) business days thereafter of any default. Husband shall bear responsibility for all costs and expenses associated with the sale of the property and any net proceeds remaining after satisfaction of the debt shall remain Husband's sole and separate property. In the event Wife advances mortgage payments or costs and expenses associated with the Marital Residence or 7 incurs reasonable counsel fees and costs related to Husband's failure to make timely payment on the mortgage or related to her efforts to compel the sale of the property, Wife shall be reimbursed any and all reasonable costs and expenses, including reasonable counsel fees, out of the net proceeds of the Marital Residence remaining after satisfaction of the mortgage. Any and all remaining proceeds shall remain Husband's sole and separate property. (b) Furnishings and Personalty. (1) The parties agree they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. (2) Except as may otherwise be set forth herein, Husband shall retain, as his sole and separate property, free of any and all right, title, claim or interest of Wife, all of the personalty and furnishings remaining in the Marital Residence. (3) Except as may otherwise be set forth herein, Wife shall retain, as her sole and separate property, free of any and all right, title, claim or interest of Husband, all of the personalty and furnishings currently in her possession. (c) Motor Vehicles. (1) Husband agrees Wife shall retain possession of, and receive as her sole and separate property, any and all motor vehicles titled in her sole name or currently in her possession, including, but not limited to, the 2001 Nissan Altima automobile, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including reasonable attorneys' fees, incurred in connection with any vehicle belonging to Wife by virtue of this subparagraph. 8 (2) Wife agrees Husband shall retain possession of, and receive as his sole and separate property, any and all motor vehicles titled in his sole name or currently in his possession, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including reasonable attorneys' fees, incurred in connection with any vehicles belonging to Husband by virtue of this subparagraph. (3) To the extent necessary, the parties agree they will cooperate in effectuating the transfer of titles and insurance to accomplish the purposes of this subparagraph. (d) Life Insurance. The parties acknowledge and agree each shall retain as his or her sole and separate property any and all life insurance policies in his or her name, free of any right, title and interest of the other party. (e) Pension and Retirement Benefits. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including, but not limited to, pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, including, but not limited to, Wife's PBI pension, TIAA-CREF benefits and T. Rowe Price IRA and Husband's Dauphin County pension, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. 9 (f) Cash Accounts. Stocks and Investments. (1) Husband agrees Wife shall retain, as her sole and separate property, any and all cash accounts, stocks and investments titled in her sole name, including, but not limited to, her County National Bank account, number 2015, and her Members' 1't account, number 3680. Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim or interest in and to said cash accounts, stocks and investments and the monies contained therein. (2) Wife agrees Husband shall retain, as his sole and separate property, any and all cash accounts, stocks and investments titled in his sole name, including, but not limited to, his Schwab brokerage account, number 8859; his Wachovia Bank account, number 0457; his PNC Bank account, number 8205; his Fulton IOLTA account, number 41850; his Sovereign Bank account, number 5885; and his five shares of Susquehanna Polling and Research Stock. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim. or interest in and to said cash accounts, stock and investments and the monies contained therein. (g) Husband's Law Practice. (1) The parties acknowledge Husband is currently the sole shareholder of a sub-chapter S corporation law practice known as Fredrick W. Lighty, P.C. ("Law Practice") located at 6179 Spring Knoll Drive, Harrisburg, Dauphin County, Pennsylvania 17111. During marriage, Husband operated said Law Practice as a sole proprietorship. Husband shall remain the sole owner and shareholder of the Law Practice, and he shall be permitted to take any action with respect thereto he deems appropriate. Wife hereby waives, relinquishes and 10 releases any and all past, present or future right, title, claim and interest in and to the Law Practice, its stocks, cash accounts, accounts receivable and any equipment, fixtures and assets owned by the Law Practice. (2) Husband shall be solely responsible for any and all liabilities related to his interest in the Law Practice, including, but not limited to, debts, liens, encumbrances, costs, expenses, accounts payables, corporate debts, personal guarantees, and federal, state and local tax liabilities. Husband shall indemnify and hold Wife and her successors, assigns, heirs, executors and administrators harmless from any and all such liabilities, costs and expenses, including reasonable attorneys' fees which may be incurred in connection with his ownership interest in the Law Practice. (h) Thompson Reuters-West Royalties. The parties acknowledge that, prior to marriage, Husband entered into a contract with Thompson Reuters-West concerning authorship of legal reference materials. Husband continually updated said legal reference materials on a yearly basis. The parties further acknowledge that, during marriage, Husband received royalty payments from said contract via payments made to his law practice. The parties acknowledge any and all royalty payments received by Husband, his law practice, or both, either before the marriage, during the marriage, or after the marriage shall remain Husband's sole and separate property, free of any and all right, title, claim or interest of Wife. 11 (i) Equitable Distribution Payment. Husband agrees to pay to Wife, as and for equitable distribution, the lump sum of Fifty-Three Thousand Dollars ($53,000.00). Said payment shall be tendered directly to Wife in the form of a check no later than twenty (20) days from the date of execution of this Agreement. Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim or interest in and to said equitable distribution payment including, but not limited to, any and all interest or earnings received by Wife on said monies or any property acquired or exchanged therefor. (j) Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (k) Property to Wife. The parties agree Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 12 (1) Property to Husband. The parties agree Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. (m) Assumption of Encumbrances. (1) Husband shall be solely responsible for any and all liabilities he has incurred in his name alone, including, but not limited to, any obligations to issuers of credit cards in his name and student loans. (2) Wife shall be solely responsible for any and all liabilities she has incurred in her name alone, including, but not limited to, her credit card debts with Discover, Members' I" and Bank of America and her personal service loan with Members' 15`. (3) Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, tax and liens on all of the property each will hold subsequent to the effective date of this Agreement. Each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability the other party will suffer or may be required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this Agreement. 13 (n) Liability not Listed. 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 in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. (o) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and reasonable attorneys' fees incurred by Wife in connection therewith. (p) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and reasonable attorneys' fees incurred by Husband in connection therewith. 14 (q) Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including reasonable attorneys' fees, incurred in the event of breach hereof. 6. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. The parties acknowledge that, on October 27, 2009, the Court of Common Pleas of Cumberland County entered an order for spousal support, at order number 00712-S-2009, PACSES Case No. 045111102 in the amount of $850.00 per month. Wife shall, within five (5) days of the date of execution of this Agreement, take all steps necessary to vacate the October 27, 2009 spousal support order and withdraw her claim for support. Husband's obligation to pay Wife spousal support shall terminate absolutely the effective date of this Agreement. 15 7. MEDICAL INSURANCE COVERAGE. The parties acknowledge Wife is currently providing medical insurance for Husband through her place of employment. Wife agrees to continue to provide said coverage until such time as a divorce decree is entered at which time her obligation to provide health insurance coverage shall terminate. Wife agrees to cooperate with Husband in all respects to assist Husband in securing health insurance coverage through Dauphin County, including, but not limited to, executing any documents required by the county confirming the dissolution of the marriage and the termination of her continued coverage of Husband under her health insurance. 8. COUNSEL FEES, COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 9. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 16 10. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 11. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this 17 Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) 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 party may have or at any time hereafter has for past, present or future support or maintenance, alimony 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 and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, 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 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 of the other or by way of dower, courtesy, widow's or widower'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 18 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 of the United States, or any other country. (d) 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. 12. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of one (1) year 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 those records in the event of tax audits. 13. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 14. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 19 15. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees reasonably incurred in the enforcement of the rights of the non-breaching party. 16. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 17. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Fredrick W. Lighty 6179 Spring Knoll Drive Harrisburg, PA 17111 and to Wife, if made or addressed to the following: Julia K. Weaver 2903 Society Hill Drive Apartment 308 Camp Hill, PA 17011 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 20 18. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 19. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 20. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 21. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 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. 21 23. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 24. ENTIRE AGREEMENT. Each party acknowledges he or she has carefully read this Agreement; he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 25. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party the attorneys' fees, costs, and other expenses reasonably incurred as a result of such failure. 26. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 22 IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. WITNES WITNESS FREDRICK W. LI 12 ? J IA K. WEAVER 23 COMMONWEALTH OF PENNSYLVANIA i k 0, C OUNTY OF - BEFORE ME, the undersigned authority, on this day personally appeared FREDRICK W. LIGHTY known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2010. day of My commission expires: COMMONWEALTH OF PENNSYLYAMA NOTARIAL SEAL DEBRA M. SHIMP, NOTARY PUBLIC CITY OF HARRISBURG. DAUPHIN COUNTY MY COMMISSION EXPIRES AUGUST 29, 2013 24 COMMONWEALTH OF PENNSYLVANIA COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared JULIA K. WEAVER known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. ! GIVEN UNDER MY HAND AND SEAL OF OFFICE this 13 day of 2010. r ?' r Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: i (' iii i COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Gloria M Rine, Notary Public Lower Paxton Township, Dauphin County My commission expires November 15, 2011 25 JULIA K. WEAVER, VS. FREDRICK W. LIGHTY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO CIVIL DIVISION 06-5603 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: o s y ..j. .Z7 Transmit the record, together with the following information to the court for entry of agice decree: .G- z 1. Ground for divorce:' `- Irretrievable breakdown under 3301 (c) cD M M of the Divorce Code. W (Strike out inapplicable section) 2. Date and manner of service of the complaint: Certified mail; S ep t emb e r 2006; affidavit filed on October 5, 2006. 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff 2 / 17 / 10 ; by defendant 2/19/10 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 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: b. Date of plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: 2/23/10 Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: 2/23/10 28, Attorney for Plain JULIA K. WEAVER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. FREDRICK W. LIGHTY NO. 06-5603 CIVIL TERM DIVORCE DECREE AND NOW, M )" 1- I p , 2-0 n , it is ordered and decreed that JULIA K. WEAVER plaintiff, and FREDRICK W. LIGHTY , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. Prothon ry By the Court, -Y // - /o l? nos z