HomeMy WebLinkAbout02-2947HANNAH M. LEIGEY,
Plaintiff
VS.
JAMES R. LEIGEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. CX2 ~ qq7
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:
CUMBERLAND COUNTY COURT HOUSE~ CARIJ~qLE~ PENNSYLVANIA 17013,
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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 249-3166
HANNAH M. LEIGEY, Plaintiff
VS.
JAMES R. LEIGEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. (..52 - 29q7
IN D1VORCE
COMPLAINT IN DIVORCE
Plaintiff, Hannah M. Leigey, by her attorney, Dawn S. Sunday files this Complaint for Divorce
and in support thereof sets forth the following:
1. Plaintiff is Hannah M. Leigey, who currently resides at 639 Observatory Drive, Lewisberry,
York County, Pennsylvania.
2. Defendant is James R. Leigey, who curremly resides at 639 Observatory Drive, Lewisberry,
York County, Pennsylvania.
3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six
months immediately preceding the filing of this Complaint.
4. Plaintiffand Defendant were married on April 6, 1974, in Mercer County, Pennsylvania.
5. There have been no prior actions for divorce or for annulment between the parties.
6. Plaintiff avers, as the grounds upon which this action is based, that the marriage between the
parties is irretrievably broken.
7. Plaintiff and Defendant have lived separate and apart, albeit in the same residence, for a
period in excess of two (2) years.
8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to
request that the Court require the parties to participate in counseling.
9. Plaintiff requests that the Court enter a Decree of Divorce under Section 3301( c ) or
3301( d ) of the Pa. Divorce Code.
Respectfully Submitted,
Dawn
Attorney for Plaintiff
ID g41954
39 West Main Street
Mechanicsburg, PA 17055-6230
(717) 766-9622
VERIFICATION
I verify that the statements made in this Complaint are tree and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to
unswom falsification to authorities.
)Hannah M. Leigey, Plaintiil~'
GOLDBERG, KATZMAN & SHIPMAN, P.C.
April L. Strang-Kutay, Esquire
I.D. No. 46728
320 Market Street - Strawben-y Square
Harrisburg, PA 17108-1268
[717] 234-4161
Attorneys for Plaintiff
BRUCE DAVID KENT and
JOYCE BAUER KENT, his wife,
Plaintiffs
· IN THE COURT OF C
CUMBERLAND COU
: NO. 01-2947 Civil Ter
ROBERT D. MCINROY, M.D.,
MARIA MICHALEK, M.D., and
JOHN GOLDMAN, M.D.,
Defendants
: CIVIL ACTION - LA~
: JURY TRIAL DEMAN
ANSWER TO NEW MATTER
of JOHN GOLDMAN~ M.D.
AND NOW, come the Plaintiffs, Bruce and Joyce Kent, by their attorn
and Shipman, P.C., to answer the New Matter of Defendant, John Gol¢
62. Paragraph 62 of Defendant's New Matter contains a coz
answer is deemed to be required. To the extent that an
denial is made.
63. Paragraph 63 of Defendant's New Matter contains a cot
answer is deemed to be required. To the extent that an
is made.
64. Paragraph 64 of Defendant's New Matter contains a cot
answer is deemed to be required. To the extent that an a
is made. ,
65. Paragraph 65 of Defendant s New Matter contains a con,
DMMON PLEAS
qTY, PENNSYLVANIA
)ED
eys, Goldberg, Katzman
man, M.D., as follows:
~clusion of law to which no
answer is required, a
clusion of law to which no
nswer is required, a denial
:lusion of law to which no
nswer is required, a denial
:lusion of law to which no
66.
answer is deemed to be required. To the extent that ar~ answer is required, a denial
is made.
Paragraph 66 of Defendant's New Matter contains a c4nclusion of law to which no
answer is deemed to be required. To the extent that an
is made and strict proof is required at trial.
67. Paragraph 67 of Defendant's New Matter contains a co~
answer is deemed to be required. To the extent that
denial is made and strict proof is required at trial.
68. Paragraph 68 of Defendant's New Matter contains a coy
answer is deemed to be required. To the extent that
denial is made and strict proof is required at trial.
69. Paragraph 69 of Defendant's New Matter contains a co~
answer is deemed to be required. To the extent that ~
denial is made and strict proof is required at trial.
70. Paragraph 70 of Defendant's New Matter contains a con
answer is deemed to be required. To the extent that a
denial is made and strict proof is required at trial.
71. Paragraph 71 of Defendant's New Matter contains a con;
answer is deemed to be required. To the extent that a:
denial is made and strict proof is required at trial.
72. Paragraph 72 of Defendant's New Matter contains a con,
answer is deemed to be required. To the extent that a
denial is made and strict proof is required at trial.
answer is required, a denial
~clusion of law to which no
tn answer is required, a
clusion of law to which no
~n answer is required, a
elusion of law to which no
n answer is required, a
;lusion of law to which no
answer is required, a
usion of law to which no
answer is required, a
usion of law to which no
answer is required, a
73.
Paragraph 73 of Defendant's New Matter contains a conclusion of law to which no
answer is deemed to be required. To the extent that ian answer is required, a
denial is made and strict proof is required at trial.
74. Paragraph 74 of Defendant's New Matter contains a co~
answer is deemed to be required. To the extent that
denial is made and strict proof is required at trial.
75. Paragraph 75 of Defendant's New Matter contains a cot
answer is deemed to be required. To the extent that
denial is made and strict proof is required at trial.
76. Paragraph 76 of Defendant's New Matter contains a cot
answer is deemed to be required. To the extent that a
denial is made and strict proof is required at trial.
77. Paragraph 77 of Defendant's New Matter contains a con,
answer is deemed to be required. To the extent that a
denial is made and strict proof is required at trial.
78. Paragraph 78 of Defendant's New Matter contains a con
answer is deemed to be required. To the extent that
denial is made and strict proof is required at trial.
~clusion of law to which no
tn answer is required, a
clusion of law to which no
,n answer is required, a
:lusion of law to which no
answer is required, a
usion of law to which no
answer is required, a
lusion of law to which no
answer is required, a
Wherefore, Plaintiffs, Bruce and Joyce Kent, respectfully request that Defendant's
New Matter be dismissed and that judgment be entered in their favor, i
Respectfully submitted, !
Date:.
By:
Goldberg, Katzman & SE
g-Kutay, £
I.D. No. 46728
320 Market Street
Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-15
(717) 234-4161
~man, P.C.
68
CERTIFICATE OF SERVICE'
I hereby certify that I served a copy of the foregoing document u~on the person(s) indicated
below by depositing a copy of the same in the United States mail, post~
Pennsylvania and addressed as follows:
Peter J. Curry, Esquire
Thomas, Thomas & Hafer, P.C.
305 N. Front Street
Harrisburg, PA 17101
Lauralee B. Baker, Esquire
Margolis Edelstein
P.O. Box 932
Harrisburg, PA 17108-0932
Kendra D. McGuire, Esquire
Barley, Snyder, Senti & Cohen, LLC
126 East King Street
Lancaster, PA 17602-2893
By:
GOLDBERG, KATZMA]?
April L. Strang-Kutay, Esqu
tge prepaid, at Harrisburg,
& SHIPMAN, P.C.
0
re
HANNAH M. LEIGEY,
Plaintiff
VS.
JAMES R. LEIGEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-2947
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301( c ) of the Divorce Code was filed on June 19,
2002 and served on June 26, 2002.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree.
4. I understand that I may lose rights concerning alimony, divisions of property, lawyer's fees
or expenses ifI do not claim them before a divorce is granted.
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.
te'
annah M. Leigey, Plaintiff
HANNAH M. LEIGEY,
Plaintiff
VS.
JAMES R. LEIGEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-2947
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301( c ) of the Divorce Code was filed on June 19,
2002 and served on June 26, 2002.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree.
4. I understand that I may lose rights concerning alimony, divisions of property, lawyer's fees
or expenses ifI do not claim them before a divorce is granted.
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.
Date o.om s R. Leigey, Defendant F~/ ff_~
HANNAH M. LEIGEY,
Plaintiff
VS.
JAMES R. LEIGEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-2947
CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SE(2TION 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 ifI 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 at~er it is flied with the prothonotary.
I verify that the statements made in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom
falsification to authorities.
annah M. Leigey,' Plaintiff
HANNAH M. LEIGEY,
Plaintiff
VS.
JAMES R. LEIGEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-2947
CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
.ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301( c ) OF THE DIVORCE CODE
1. I consent to the entry ora final decree ofdivome without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees
or expenses ifI 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. Section 4904 relating to unsworn
falsification to authorities.
Date
J~es R. Leigey,
HANNAH M. LEIGEY,
Plaintiff
VS.
JAMES R. LEIGEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. o-~- -20'~7
IN DIVORCE
ACCEPTANCE OF SERVICE
I accept service of the Divorce Complaint.
Date
,-~ojv t)oservatory Drive Lewisberry, PA 17339
HANNAH M. LEIGEY,
Plaintiff
vs. : NO. 02-2947
: IN DIVORCE
JAMES R. LEIGEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PRAECIPE TO TRANSMIT RECORr}
To the Prothonotary:
Please 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 and manner of service of the Complanit:
Acceptance of Service by Defendant on June 26, 2002.
3. Date of execution of the Affidavits of Consent and Waivers of Notice required by Section
3301 (c) of the Divorce Code:
By Plaintiff.' December 19 2002
By Defendant: December 19, 2002
4. Plaintiff's Waiver Notice was filed with the Prothonotary on December 2 . .
Defendant's Waiv ' · __ December 23 2002;
er Notme was filed w~th the Prothonotary on December 23 2002.
5. Related claims pending: None
Date
Dawn S. Sunday, Esquire (,fl
Attnorney for Plaintiff
ID # 41954
39 W. Main Street - Ste #1
Mechanicsburg, PA 17055-6230
(717) 766-9622
MARITAL SETTLEMENT AGREEMENT
BY AND BETWEEN
HANNAH M. LEIGEY
AND
JAMES R. LEIGEY
Dawn S. Sunday, Esquire
39 West Main Street - Suite #l
Mechanicsburg, PA 17055-6230
Telephone: (717) 766-9622
Counsel for: Hannah M. Leigey
.MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT made this .f day o ff/2/;~,6 '~/'2002,
by and between HANNA M. LEIGEY, of Lewisberry, Pennsylvania (hereinafter referred
to as "WIFE"), and JAMES R. LEIGEY, of Lewisberry, Pennsylvania (hereinafter
referred to as "HUSBAND"),
WITNESSETH:
WHEREAS, the parties hereto are Wife and Husband, having been
married on April 6, 1974, in Pennsylvania;
WHEREAS, differences have arisen between Wife and Husband in
consequence of which they have decided to live separate and apart from each other and
consent to a mutual consent divorce; and
WHEREAS, Wife and Husband desire to settle 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, the parties, intending to be legally bound hereby,
agree as follows:
1. &DVICE OF COUNSEL Both parties agree and acknowledge that
they have had ample and sufficient time to carefully and fully review the terms and
provisions of this Agreement. The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel. Wife has obtained
legal advice and representation from Dawn S. Sunday, Esquire. Husband has obtained
legal advice and representation fi:om Thomas D. Gould, Esquire. Both parties agree and
acknowledge that they fully understand the facts upon which this Agreement is based,
that they believe this Agreement to be fair and equitable, that this Agreement is being
entered into freely and voluntarily by each of them, and that the execution of this
Agreement is not the result of any duress, undue influence, collusion or improper or
illegal agreement or agreements.
2. DISCLOSURE OF ASSETS. The parties warrant that they have
given a full, complete and accurate disclosure of all assets, of any nature, whether or not
the assets were held jointly or in one name alone. The remedies available to either party
for breach of violation of this provision shall be those remedies available pursuant to law
and equity including the right to punitive and compensatory damages.
3. PERSONAL RIGHTS. Wife and Husband may and shall, 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 she or he may select. Each may, for her or his separate use or benefit,
conduct, carry on or engage in any business, occupation, profession or employment
which to her or him may seem advisable. Wife and Husband shall not molest, harass,
disturb or malign each other or the respective families of each other, nor compel or
attempt to compel the other to cohabit or dwell by any means or in any manner
whatsoever with her or him. Neither party will interfere with the use, ownership,
enjoyment or disposition of any property now owned by or hereafter acquired by the
other.
4. EQUITABLE DISTRIBUTION.
A. _Household and Personal Property.
Except as otherwise set forth in this Agreement, the parties agree that their
personal property has been or will be divided to their mutual satisfaction. The parties
agree that all property allocated to each by agreement shall be considered to be in that
party's possession regardless of whether it has been physically separated. The parties
agree that they shall retain all personal property in their respective possessions and waive
all rights as to personal property in the possession of the other party as of the date of the
execution of this Agreement. Each of the parties hereby specifically waives, releases,
renounces and forever abandons whatever claims he or she may have with respect to any
of the foregoing personal property which shall become the sole and separate property of
the other from the date of execution of this Agreement.
.B. Motor Vehicles.
(1). The parties agree that Wife shall retain possession of and receive as
her sole and separate property the 1999 Honda which she drives, along with all rights
under any insurance policy thereon. Wife shall assume total responsibility for payment
of any loans and insurance premiums associated with the 1999 Honda and all liens and
encumbrances thereon.
The parties agree that Husband shall retain possession of and receive as
his sole and separate property the 1994 Ford Fl50 truck and 1997 Chevrolet Astro van,
which he drives, along with all rights under the insurance policies thereon. Husband shall
assume total responsibility for payment of any loans and insurance premiums associated
with the Ford truck or Chevrolet van and all liens and encumbrances thereon. Wife
agrees to transfer title to the 1994 Ford truck to Husband in order to effectuate this
provision within 15 days of the execution date of this Agreement.
C. Real Estate.
(1). The parties acknowledge that during the marriage they held, as
tenants by the entirety, the fee simple interest in the marital residence located at 639
Observatory Drive, Lewisberry, York County, Pennsylvania. Wife shall transfer all her
right, title and interest in the marital residence to Husband as his sole property in
exchange for a lump sum payment from Husband to Wife as provided by this
Agreement.
(2). Husband shall obtain refinancing, in his sole name, of the existing
encumbrance on the marital residence and shall satisfy in full the existing mortgage with
First Horizon on which the parties are currently listed as joint mortgagors. Within 5
days of the date of settlement on the refinancing, Husband shall pay to Wife the lump
sum of $31,060.00 in cash or money order. The lump sum payment represents Wife's
one-half share of the equity in the home ($38,260.00) minus Wife's total obligation to
Husband in the amount of $7200.00 which includes a contribution by Wife to be used by
Husband to pay for improvements to the home ($5000.00) and payment toward
household expenses ($2200.00). Husband shall be responsible for all expenses related to
the residence, including but not limited to mortgage and utilities through December 31,
2002, the anticipated date on which the Wife will vacate the residence.
(3). Wife shall sign the Deed transferring the marital residence to
Husband's sole name upon receipt from Husband's counsel on the condition that the
Deed is held by Husband's counsel until satisfaction of the existing mortgage and
settlement on the refinancing or as otherwise required by the refinancing company/bank.
(4). Husband shall assume solely all encumbrances on the marital
residence and will hold harmless, release and indemnify Wife for any mortgage
obligation, encumbrance or lien.
(5). Husband shall pay all refinancing and transfer costs or fees in
connection with the marital residence. Husband shall pay all past, present and future
obligations, expenses, taxes, maintenance and costs relating to the marital residence.
D. _Pensions and Retirement Benefits
(1). Husband shall retain as his sole and separate property, free from any
right, title, claim or interest of Wife, Husband's Commonwealth of Pennsylvania State
Employees' Retirement Plan (total contributions and interest to December 31, 2001 of
$53,343.06 with Option I present value $280,718.25), and Husband's Commonwealth of
Pennsylvania Deferred Compensation Program Account (September 30, 2002 balance of
$69,439.58).
(2). Wife shall retain as her sole and separate property, free from any right,
title, claim or interest of Husband, Wife's Commonwealth of Pennsylvania Public
School Employees Retirement Account (with contributions and interest as of June 30,
2001 of $73,015.15 and Option I present value of $462,884.54), and Wife's West Shore
School District Retirement Savings Acconnt (balance of $24,216.52 as of September 30,
2002).
E. Other Assets.
(1). Husband shall retain as his sole and separate property, free from any
right, title, claim or interest of Wife, Husband's savings bonds (approximate value
$25,000.00), Prudential Life Insurance ($13,130.00 value), Midland Life Insurance
($8,119.00 value), any and all bank accounts, credit union accounts, and any other
intangible personal property held by Husband on the date of execution of this
Agreement or acquired thereafter.
(2). Wife shall retain as her sole and separate property, free from any right,
title, claim or interest of Husband, any and all bank accounts, credit union accounts,
insurance policies (no cash value at date of execution) and any other intangible personal
property held by Wife on the date of execution of this Agreement or acquired thereafter.
F. Non-Marital Real Estate. Wife shall retain as her sole and separate
property, free from any right, title, claim or interest of Husband the real property located
at 683 S. Irvine Avenue, Sharon, Pennsylvania which has been designated as non-marital
property by the parties and which is the subject of a waiver signed by both parties on
July 22, 2002 in which Husband waives all rights and interests to the property.
G. _Miscellaneous Property. Any and all property not specifically
addressed in this Agreement shall be hereafter owned by the party to whom the property
is titled, and if untitled, the party in possession. This Agreement shall constitute a
sufficient bill of sale to evidence a transfer of any and all rights in such property from
one party to the other.
5..DISTRIBUTION OF LIABILITIES.
(1). Each party shall be responsible for payment of all credit card balances
on accounts held in his or her sole name. Within 10 days of the execution date of this
Agreement, the parties shall ensure that all joint credit accounts including, but not
limited to, the PSECU Visa and Sears accounts, are closed or transferred to the sole
name of the party primarily using the account.
(2). Unless otherwise provided in this Agreement, each party assumes the
debts, encumbrances, taxes and liens on all the property each will hold subsequent to the
date of this Agreement, and each party agrees to indemnify and hold harmless the other
party and her or his property from any claim or liability that the other party will suffer or
may be required to pay because of such debts, encumbrances or liens.
6. LIABILITY NOT LISTED. Each party represents and warrants to
the other that she or he 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 her or his property harmless
from any and all such debts, obligations and liabilities.
7. _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 actual attorney's fees incurred by Wife in connection
therewith.
8. 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 actual attorney's fees incurred
by Husband in connection therewith.
9. _WARRANTY AS TO FUTURE OBLIGATIONS. Wife and
Husband each represent and warrant to the other that she or he 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
accotmts 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 incurred in the event of breach hereof.
(1). Wife and Husband warrant that they have heretofore paid all taxes on
prior returns including the calendar year ending December 31, 2001; that they do not
owe any interest or penalties thereon; and that no tax deficiency proceeding or audit is
pending or notice thereof received. Husband shall give Wife notice of any deficiency
assessment and Wife shall give Husband notice of any deficiency assessment of which
they individually or collectively become aware. The parties agree that should it
ultimately be determined that any deficiency and/or penalty exists with respect to any
jointly filed returns, the party responsible for the erroneous preparation and/or non-
disclosure of information which has resulted in the deficiency and/or penalty, shall be
solely responsible for the payment of the amount ultimately determined to be due,
together with interest, as well as expenses that may be incurred to contest the
assessment. Should said sums become due as a result of individually filed returns, the
party who filed said return shall be solely responsible for all sums due, and shall
indemnify and hold harmless the other party for any payment thereon.
(2). Husband and Wife shall file separate tax returns, unless agreed
otherwise in writing, for the tax year ending December 31, 2002 but shall equally share
the tax advantages to which each may be entitled including, but not limited to, the
dependency exemption for their son and interest paid on the joint mortgage.
11. .SUPPORT, ALIMONY~ ALIMONY PENDENTE LITE. Both
parties hereby waive any right or claim they may have against the other for alimony,
alimony pendente lite and spousal support and maintenance.
12. 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 this provision, that party shall pay to the other party all attorney's fees,
costs, and other expenses actually incurred as a result of such failure.
13. WAIVER OF INHERITANCE RIGHTS. Unless otherwise
specifically provided in this Agreement, effective upon the execution date, Wife and
Husband waive 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, and shall
include all rights under the Pennsylvania Divorce Code.
14. WAIVER OF BENEFICIARY DESIGNATIOi~I. Unless
otherwise specifically set forth in this Agreement, each party hereto specifically waives
any and all beneficiary rights 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 her and his 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. Notwithstanding the
foregoing, however, in the event that either party hereto specifically designates the other
party as a beneficiary after the date of execution of this Agreement, then this waiver
provision shall not bar that party fi.om qualifying as such beneficiary.
15..RELEASE OF CLAIM,~.
A. Wife and Husband acknowledge and agree that the property
dispositions provided for herein constitute an equitable distribution of their assets and
liabilities pursuant to Section 3502 of thc Divorce Code, and Wife and Husband hereby
waive any right to division of their property except as provided for in this Agreement.
t~. Except as set forth in this Agreement, each party hereby absolutely and
unconditionally releases and forever discharges thc other and her or his 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 thc other or by way of dower, curtesy, 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 lifetime conveyance by thc 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 thc
United States, or any other country.
C. Except for the obligations of thc parties contained in this Agreement
and such rights as are expressly reserved herein, each party gives to thc other by thc
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.
1(~. .WAIVER OF PROCEDURAL RIGHTS. This Agreement
constitutes an equitable division of the parties' marital property. The parties have
determined that the division of this property conforms with regard to the rights of each
party. Thc division of existing marital property is not intended by thc parties to
constitute in any way a sale or exchange of assets, and the division is being effectuated
without the introduction of outside funds or other property not constituting the marital
estate. Both parties hereby waive the following procedural rights:
A. The right to obtain an inventory and appraisement of all marital and
separate property as defined by thc Pennsylvania Divorce Code.
B. The right to obtain an income and expense statement of the other party
as provided by the Pennsylvania Divorce Code.
C. The right to have the Court determine which property is marital and
which is non-marital, and equitably distribute between the parties that property which
the Court determines to be marital.
D. The right to have the Court decide any other rights, remedies,
privileges, or obligations covered by this Agreement, or any possible claims not
addressed in this Agreement.
17..PRESERVATION OF RECORDS. Each party will keep and
preserve for a period of four (4) years from the date of their divorce decree all financial
records relating to the marital estate, and each party will allow the other party access to
those records in the event of tax audits.
18. MODIFICATION. No modification, rescission, or amendment to
this Agreement shall be effective unless in writing signed by each of the parties hereto.
19. 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.
20..BREACH. If either party hereto breaches any provision hereof, the
other party shall have the right, at her or his election, to sue for damages for such breach,
or seek such other remedies or relief as may be available to her or him. The non-
breaching party shall be entitled to recover fi.om the breaching party all costs, expenses
and legal fees actually incurred in the enforcement of the rights of the non-breaching
party.
21. 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 of any
provision of this Agreement.
22..APPLICABLE LAW. All acts contemplated by this Agreement shall
be construed and enforced under the laws of the Commonwealth of Pennsylvania in
effect as of the date of execution of this Agreement.
23. 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. This
Agreement shall become effective and binding upon both parties on the execution date.
24. 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 made in writing by the parties.
25. _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.
26. 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.
27. ENTIRE AGREEMENT. Each party acknowledges that she or he
has carefully read this Agreement, that she or he has discussed its provisions with an
attorney of her or his own choice and has executed it voluntarily. 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.
28. AGREEMENT TO BE INCORPORATED BUT NOT MERGED.
This Agreement shall be incorporated in 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.
IN WITNESS WHEREOF, the parties hereto set their hands and seals
on the dates of their aclqnowledgments. ~ ~ ~
WITNESS //It NNAH M. LEIGEY, Wife~/~
WITNESS ~2MES R. LEIGEY, ~1 ~J Husband
COMMONWEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF CUMBERLAND :
BEFORE ME, the undersigned authority, on this day personally appeared
HANNA M. LEIGEY, 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.
GIVENh UNDER MY HAND AND SEAL OF OFFICE this
day o ft_/~?///~t/ ,2002.
Notary Public in and for the
Commonwealth of Pennsylvania
Tl~ls'e~, or pnnted name, of bJotary: ',,¢ ~....: .....
Cha~ y. Guerriero, Notary Public [ · ..' '- ~.... ,.'... ,
Mech~,",ic~burrl Elcro Cttmb,c.~and County !
Me ~--'~ -L ..... .I · ', , '
tuber, Pennsylvania Associa~on Ot Notades
COMMONWEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF CUMBERLAND :
BEFORE ME, the undersigned authority, on this day personally appeared
JAMES R. LEIGEY, 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
,, dayc.~__~f-~o.4Q?/A~.&./ ,200_.K''~ .
Notary Public in and for the
Comj~lonwealth of Pennsylvania
Tyi3Pi{ or printed naroe ol'Notary'
I ' u~g uom, cumvo~and C~ ~n¢ J
t ~ Commission Expires May 18, 200~ J
~m~r, Penns~vania Ass~ia~on ~
IN THE COURT OF COMMON
OF CUMBERLAND COUNTY
STATE OF
HANNAH M. LEIGEY,
N O. 02-2947
Plaintiff
VERSUS
JAMES R. LEIGEY,
Defendant
DECREED THAT
aND
DECREE IN
DIVORCE
AND N OW, ~j~j~
Hannah M. Leigey
James R. Leiqe¥
PLEAS
PENNA.
, 2002 , It IS ORDERED AND
, PLAINTIFF,
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
None. All claims resolved by the attached Marital Settlement Agreement
dated Dec. 19,2002 , the provisions of which are incorporated, but
herein.
OT.O OTAj