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acknowledged by each of the parties hereto, Wife and Husband, each intending to
be legally bound hereby, covenant and agree as follows:
1. Husband and Wife shall retain shared legal custody of Brittany,
Wlfe shall retdn physical custody of Brlttany, with visitation by Husband as he
may request and as shall be agreeable to her from time t.:> time in the future,
Husband and Wlfe agree that the following schedule for visitation by Husband
shall be followed. ...,hen it is deemed reasonable and possible by both, keeping in
mind Brittany's happiness and well.being: Husband shall be entitled to
visitation at least two daya per week; on alternating years for holldays. except
Christmas, when visitation ahall be shared each year; and for a minimum of three
one -weak perioda in the sununer, Reasonable vis i tat ion shall remain should
Husband or Wife move to snother state or country,
In tho case of the death of Husband or Wife, full legal and physical
custody of Brittany shall be assumed by the surviving parent,
2, Husband and Wlfe agree that Husband shall pay support for
Brittany of $55 per week, to be increased as the need arises. If Husband and
Wife cannot agree upon increases in support, the issue shall be handled through
application to the Court, Husband and Wife shall each be responsible for one-
half of flrittany's medical expenses, including any costs for medical insurance
which are not provided by either Husband's or Wife's employer,
3, Wife agrees to maintain health insurance coverage on Brittany
so long as such health insurance is provided by her employer,
. 2 -
4, Wife shall be entitled to the 1991 Pontine Grend Am eutomoblle
in her possession: Husband agrees to endorse the joint title over to her,
Husband has taken possession of the 1989 Pontiac flrabird which was titled in the
joint names of Husband and Wife,
5, Husband and Wife agree thnt each shall be entitled to one-half
of any Federal income tax refund received for the tax year 1994 and each shall
be responsible for one.half of nny Federal income tax monies owed,
6, There are no joint assets not disposed of above, Wife ahall
keep all personal property titled to her and 1n her possess10n and Husband shall
keep all personal property titled to him and in his possession, each without
claim from the other, W1fe and Husband shall each pay their own debts and there
are no joint debts. Neither Wife nor Husband shall incur any future debt or
credit on the other' s account and each shall protect, indemnify and hold the
other harmless from any sllch claim by each other or any creditor of same,
including each other's legal fees to defend same,
Wife and Husband represent that they have taken all steps necessary
to make sure that no credit cards or similar accounts exist which provide for
joint liability, From the date of execution of this Agreement, each party shall
use only those cards and accounts for which that party is 1ndividually liable,
7, Husband and Wife agree that the terms of this Agreement shall
be incorporated but not merged into any divorce decree which may be entered with
respect to the parties, The parties further agree that the Court of Common
- 3 .
Pleas which may enter such divorce decree shall retain continuing jurisdiction
over the parties and the subject matter of the Agreement for the purpose of
enforcement of any of the provisions hereof,
8, Wife and Husband may and shall, at all times hereafter, live
separate and apart, Each shall be free from any direct or indirect control,
restraint. interference or authority, by the other and shall be treated in all
respects as if they were unmarried, Each may reside at s~lch place or places and
wi th such other persons as he or she may selec t, Each may, for his or her
separate use or beneel t, conduc t, carryon anu engage in any bus iness,
occupation, profession or employment and at such locations which to him or her
may seem advisable, Wife and Husband shall not molest, harass, disturb or malign
each other or the respec ti ve families, friends, colleagues, employers or
employees of each other nor compel or attempt to compel by any means the other
to cohabit or dwell in any manner whatsoever with him or her,
9, Husband and Wife represent and warrant that they have disc losed
to each other the full extent of their assets, income and liabilities, Each
party has ha~ ample opportunity to review the financial condition of the other
and each party agrees not to challenge the instant Agreement based on an
allegation of lack of sufficient disclosure of assets or income,
10, The execution and delivery of this Agreement is not predicated
upon nor made the subject of any agreement for the institution. prosecution,
defense or for the non-prosecution or non-defense of any action for divorce,
Nothing in this Agreement, however, shall prevent either Wife or Husband from
- 4 -
prosecuting any action for divorce, either absolute or otherwise, on lawful
grounds if such grounds presently exist or may exist in the future or from
defending allY such action with such defenses as are presently or may in the
future become available,
11. Except, and only except, for ell rights, agreements and
obligations of whatsoever nature arising under or which may arise under this
Agreement or for the breach of any part of this Agreement, Wife and Husband each
do hereby mutually remise, release, quitclaim and forever discharge the other and
the estate of the other. for all time to come, and for all purposes whatsoeVer,
of and from any and all rights, title and interest, or claim in or against the
property (including income, and gain from property hereafter accruing) of the
other or against the estate of the other, of whatever nature and wheresoever
situate, which he or she now has or at any time horeafter may have against the
other, the estate of the other or any part thereof, whether arising (a) out of
any former acts, contracts, engagements or liabilities of such other, (b) by way
of dower or courtesy or claims in the nature of dower or courtesy or widow's or
widower's rights, (c) as family exemption or similar allowance, or (d) under the
intestate laws, the right to take against the spouse's will, the right to treat
a lifetime conveyance by the other as testamentary, or all other rights of a
surviving spouse to participate in a deceased spouse's estate. whether arising
under the laws of (1) Pennsylvania, (il) any other State, Commonwealth or
territory of the United States. or (iil) any other country, Except, and only
except for all rights, agreements and obligations of whatsoever nature arising
under or which may arise under this Agreement or for the breach of any part of
this Agreement, the parties agree that this Agreement shall be and constitute a
. 5 .
full and final resolution of any and all claims which each of the parties may
have against the other for equitable distribution of property, alimony counsel
feu and expenses, alimony pendente li te or any other c leim pursuant to the
Pennsylvania Divorce Code or the divorce laws of any other Jurisdiction, The
parties further releaRe and waive any rights which either party may have noW or
hereafter against the other including but not limited to claims for past, present
or future support of maintenance, alimony, alimony pendente lite, property
dlvtsion (including but not necessarily limited to equitable distribution),
counsel fees, costs or expenses, whether arising as a result of the marital
relation or otherwise, whether under the Divorce Code or otherwise, Except, and
only except, for all right.s, agreements and obligations of whatsoever nature
arising under or which msy arise under this Agreement or for the breach of any
part of this Agreement. It Is the intention of Wife and Husband to give to each
other by the execution of this Agreement, a full, complete and general release
with respect to any and all property of any kind or nature, whether real,
personal or mixed, which the other now owns or may hereafter acquire,
12, This Agreement shall be construed In accordance with the laws
of the Commcnwealth of Pennsylvania which are in effect as of the date of
execution of this Agreement,
13, Except as specifically provided herein, this Agreement shall
be binding upon and shall inure to the benefit of the parties hereto and their
respective heirs, executors, administrators, successors and assigns,
. 6 .
14, This Agreement constitutes the entire understending of the
psrties end supersedes any end all prior agreaments and negotiations between
them,
There are no other representations, terms, covenants, conditions,
agreements or warrar;ties, express or implled, oral or written of any nature
whatsoever, other th.n those expressly set forth herein,
IN WITNE~S WHEREOF, the parties hereto have set their hsnds and seals
the dsy snd year fir~t above written,
Wltneu: ~ (
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An la Michelle Leon ard
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J~ €. ~~f;ll,
Do las Eric ~onhard
(SEAL)
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Lucy I. Knlllley. lequlre
Attorney ID No. 41255
RHOAOI & IINOIl
one I. Nlrklt iquiri
P. O. 10. 1146
Hlrrhburl. PA 17108,1146
(717) 233.5731
Attornevl lor Plll"tlll
IN THB COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PBNNSYLVAHIA
NO. 4785 - 1994
CIVIL ACTION - LAW - IN DIVORCE
ANGELA M. LEONARD,
plaintiff
v.
DOUGLAS E. LEONHARD,
Defendant
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the fOllowing
information, to the court for entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under
Section 3301(c) of the Divorce Code.
2. Date and manner of service of the complaint: by
certified mail, return receipt requested, addressee only, on August
25, 1994.
3. Date of execution of the aff idavi t of consent
required by Section 3301 (c) of the Divorce Code: by Plaintiff,
January 17, 1995; by Defendant, January 17, 1995.
4. Related claims pending: none.
RHOADS & SINON
By: ---1",,-~ ~'~I~~
LU&'y E. I<niseley, E6quire
One S. Market Square
P.O. Box 1146
HarriSburg, PA 17108-1146
(717) 233-5731
Attorneys for Plaintiff
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~UCV I. K"IIIIIV, .Iqulrl
Altorney 10 No. 41255
RHOADI 1 tlNON
one I. Mlrkll iquiri
P. o. lox 1146
Hlrrllbura, PA 17108.1146
(717) 23).5731
AllornoVI 'or Plll"III'
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No. S 1994
CIVIL ACTION - LAW - IN '0',1/('11 H,:
ANGELA M. LEONHARD,
plaintiff
v.
DOUGLAS E. LEONHARD,
Defendant
I( II}
I 7,("J': /I . Ii j
." LA.--U-LL.- L~-'
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 grounds for the divorce are 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, Cumberland County Courthouse, 1
Courthouse Square, 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 HELP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
(717) 240-6200
,
511356
~ucy I. Knll.l.y, Ilqulr.
Attorney 10 No. 41255
RHOADI & IINON
One I. M.rk.t lquar.
P. O. loa 1146
Hlrrllburl, PA 17108.1146
1717> 233.5731
AttornoYI for Pl.tntlff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No. S 1994
CIVIL ACTION - LAW
ANGELA M. LEONHARD,
Plaintiff
v.
DOUGLAS E. LEONHARD,
Defendant
COMPLAINT UNDER SECTION 3301(0)
OF THE DOMESTIC RELATIONS CODE
1.
A 1 M Leonhard ("plaintiff")
nge a .
is an adult
individual
residing
at 2
Bayberry
Drive,
Meohanicsburg,
Pennsylvania 17055, since April, 1990.
2. Douglas E. Leonhard ("Defendant") is an adult
individual
residing
at 2
Bayberry
Dirve,
Mechanicsburg,
Pennsylvania 17055, since April, 1990.
3. Plaintiff and Defendant are both sui juris.
4. Plaintiff and Defendant have been bona fide
residents of the Commonwealth of Pennsylvania for at least six
months immediately prior to the filing of this Complaint.
5. The parties were married on the loth day of
September, 1988, at Duncannon, Pennsylvania.
6. Neither Plaintiff nor Defendant is in the military
or naval service of the United states or its allies within the
provisions of the soldiers' and Sailors' civil Relief Act of the
congress of 1940 and its hmendments.
7. The cause of action and section of the pennsylvania
Divorce code under which plaintiff is proceeding is stated as
follows:
The marriage is irretrievably broken.
23 Pa. C.S.A.
section 3301 (c) .
8. There have been no prior actions of divorce or
annulment between plaintiff and Defendant in this or any other
jurisdiction.
9. Plaintiff has been advised of the availability of
counseling and that plaintiff may have the right to request that
the court require the parties to participate in counseling.
10. The parties may enter into a written agreement with
regard to support, custody, visitation of child, and property
division. In the event that such an agreement is executed by the
parties, the agreement may be incorporated by the Court into the
final Decree of Divorce.
WHEREFORE, Plaintiff requests your Honorable Court to
enter a Decree in Divorce, divorcing Plaintiff and Defendant.
RHOADS & SINON
Date: ~ ~5, I,f((
By: LU:~\~I:~:isele~(, Esquf e
One South Market Square
P. O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
ATTORNEYS FOR PLAINTIFF
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Accorn., 10 No, '12~S
RHOADS . II NON
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P. O. 10. LU6
Hlrlllburl. PA 17101.114.
(717) an-~731
Accorn.,. for PlaLntLff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 4785 . 1994
CIVIL ACTION . LAW - IN DIVORCE
ANGELA H. LEONHARD, Plaintiff
v.
DOUGLAS E. LEONHARD, Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 330l(c) of the Divorce Code
was filed on August 23, 1994.
2. The marriage of Plaintiff and Defendant is irretrievably broken
and ninety days have elapsed from the date of filing of the Complaint.
3, 1 consent to the entry of a final Decree of Divorce.
4. 1 understand that 1 may lose rights concerning alimony, division
of property, lawyer's fees or expenses if I do not claim them before a divorce
i. granted.
I verify that the statements made in this Affidavit are true and
correct:.
1 understand that false statements herein are mada subject to the
penalties of 18 PA. C.S. 4904 relating to unsworn falsifLcation to authorities.
Date:-'/I-7/9.) .
~P'-._E.f~
. ouglas E. "'Leonhard -
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