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HomeMy WebLinkAbout01-05253• + ~ { IN THE COURT OF` COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MELISSA CONN-LEHMAN, ~'`~ Plaintiff N O. 2001-5253 CIVIL VERSUS SHANE G. LEHMAN, Defendant DECREE IN DAIV- ORCE +~ ~~ l ~ r~~u AND NOW, ~V ~®/~ IT IS ORDERED AND • DECREED THAT MELISSA CONN-LEHMAN ,PLAINTIFF, AND SHANE G. LEHMAN ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE SEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; THE PARTIES MARITAL SETTLEMENT AGREEMENT DATED FEBRUARY 19, 2002 AND MODIFICATION OF MARITAL SETTLEMENT AGREEMENT DATED MARCH 8, 2002 ARE INCORPORATED HEREIN AS A FINAL ORDER OF COURT. BY ~ RT: T ST • J. PROTHONOTARY t .. 4i MELISSA CONN-LEHMAN, Plaintiff v. SHANE G. LEHMAN, Defendant .~ 'IN THE CbURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5253 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: divorce code. Ground for divorce: irretrievable breakdown under Section 3301(c) of the 2. Date and manner of service of the complaint: Defendant signed an Acceptance of Service form on October 12, 2001. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section 3301(c) of the divorce code: by the plaintiff February 7. 2002 ; by the defendant February 19. 2002 (b) (1) Date of execution ofthe plaintiffs affidavit required by Section 3301(d) of the divorce code N/A (2) Date of service of the plaintiffs affidavit upon the defendant 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 plaintiffs waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: March 12. 2002 Date defendant's waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: March 12. 2002 i~~Z~~l/l~nG~ Michael A. Scherer, Esquire Attorney Plaintiff, Melissa Conn-Lehman ~~ C? ~ ( ~ C~ ~ -a ~ , -,- '+°' •V r~,, mir. T `J G' _` ' G~_ , r _ __~ ~ ~: i ) f t_ ,. _.~ .~ ~ (~i j ;~ ~, ., ~e =< MELISSA CONN-LEHMAN, Plaintiff v. SHANE G. LEHMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5253 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~~ {~ day of February, 2002, by and between Melissa Conn-Lehman, hereinafter referred to as "Wife", and Shane G. Lehman, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, the parties are Husband and Wfe who were married on October 11, 1997, and have been separated since July 1, 2001; and, WHEREAS, Wife has instituted divorce proceedings in the Court of Common Pleas of Cumberland County to No. 2001-5253 Civil Term by complaint filed on September 6, 2001; and, WHEREAS, the parties do not have children; and, WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and the parties have decided that their marriage is irretrievably broken, and it is the intention of the parties to live separate and apart for the rest of their natural lives. The parties are therefore desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without 1 limitation: the ownership and equitable distribution of all property owned by the parties; and the settling of all related economic claims including but not limited to spousal support, alimony and alimony pendente liter and in general the settling of any and all claims or possible claims of one against the other or against their respective estates; and, WHEREAS, each party is fully familiar with the all of the property owned by the parties and each parley acknowledges having sufficient opportunity to investigate and evaluate the property owned by the parties, and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code. NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, the parties, intending to be legally bound hereby, do covenant and agree as follows: 1. DIVORCE The parties agree to the entry of a Decree in Divorce pursuant to Section 3301(c) of the Divorce Code. Both parties shall execute and file the requisite Consents and Waivers with the Court contemporaneously with the execution of this Agreement. Wife's attorney shall file the Praecipe to Transmit the record and obtain a Decree in Divorce without delay. 2. INCORPORATION BUT NOT MERGER INTO DIVORCE DECREE This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its 2 terms. An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written agreement signed by the parties expressly stating that this Agreement has been revoked or modified. 3. ADVICE OF COUNSEL Wife is represented by Michael A. Scherer, Esquire, who is her separate legal counsel and she has been advised of her respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support. Husband is represented by Jean M. Arena, Esquire, who is his separate legal counsel and he has been advised of his respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support. Husband and Wife acknowledge that each of them has read this Agreement and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences. 4. TANGIBLE PERSONAL PROPERTY Wife shall become the sole owner of the 2001 Nissan Xterra she presently drives, while Husband shall become the sole owner of the 1999 VW Jetta he currently drives. 3 The parties are co-debtors on the loan which financed wife's vehicle. Wife agrees to be solely responsible forthe repayment ofthe loan which financed hervehicle, and she further agrees to hold husband harmless and indemnify him for such obligation. Aside from the foregoing, the parties have divided between them to their mutual satisfaction all items of tangible personal property which had heretofore been used by them in common and neither party shall make any claim to such property in the possession of the other. 5. OTHER PROPERTY DISTRIBUTION PROVISIONS A. REAL ESTATE The marital residence is located at 432 Heritage Drive, Gettysburg, Pennsylvania. The parties purchased the marital residence in 1999 and believe there to be very little equity in the home, especially if the home were to be listed with a real estate broker and sold on the open market. Husband shall become the sole owner of the marital residence and Wife shall, concurrent with Husband's refinance of the indebtedness ofthe mortgage securing the residence, sign a Deed transferring all her right, title and interest in the marital residence, to Husband. Husband shall be required to complete the refinance within ninety days ofthe date ofthis Agreement. Should Husband be unable to refinance the loan for the property in his name alone, Wife shall have the right to demand that the marital residence be sold in order to release her from the indebtedness on the property. B. WAIVER OF RETIREMENT BENEFITS: Each party hereby waives and releases any ownership interest they may have acquired in the retirement benefits of the other during the marriage. 4 C. INTANGIBLE PERSONAL PROPERTY: The parties have divided between them to their mutual satisfaction all intangible personal property consisting of cash, bank accounts, annuities, securities, insurance policies, and all other such types of property. The parties hereby agree that all such intangible property presently in the possession of ortitled in the name of Husband shall be his sole and separate property, and that in the possession or titled in the name of the Wife shall be her sole and separate property. 6. LOANS BETVIIEEN THE PARTIES: Husband acknowledges that he owes Wife the sum of $4,500.00 for loans the parties made to third persons and for debts assumed by Wife in her name alone. Husband shall pay Wife, free of interest, the sum of $250.00 per month, beginning February 5th, 2002, and continuing on the 5th of each month thereafter until paid in full. 7. DEBTS AND OBLIGATIONS Each party represents that she and he have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable. Each party agrees to indemnify and hold harmless the other from and against all such debts, liabilities or obligations of any kind which may have heretofore been incurred between them, except the obligations arising out of this Agreement. 8. INDEMNIFICATION Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep each other indemnified against all debts, charges, or 5 liabilities incurred by the other after the execution of this Agreement, except as may be otherwise specifically provided for by the terms ofthis Agreement and neither of them shall hereafter incur any liability whatsoever for which the Estate of the other may be liable. Each party further agrees to indemnify and save and hold harmless the other from any and all liabilities he or she may incur upon the obligations of or assumed by the other, which indemnification as to all provisions ofthis Agreement shall include the right to recover out of pocket expenses and reasonable attorney's fees actually incurred. 9. EQUITABLE AGREEMENT Both parties agree that the hereinabove set forth Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each parry irrevocably waives, releases, and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as otherwise may be provided pursuant to the provisions ofthis Agreement. 10. MUTUAL RELEASES Husband and Wife do hereby mutually release, remise, quitclaim and forever discharge the other and the estate of the other from any and all claims either party has now, ever may have or can at any time have against the other or the other party's estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the other party, arising by way of widower's right or under the Intestate Law, arising by any right to take against the Will of the other party, arising out of the Divorce Code, Act No. 26 6 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising from anything of any nature whatsoever, excepting only those rights accorded to the parties under this Agreement. 11. BREACH If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise to enforce the provisions of this Agreement, the successful party shall be entitled to recover his or her reasonable attorney fees, actually incurred, from the other as part of the judgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise as the same shall be determined by the Court. 12. COMPLETE DISCLOSURE The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 13. ENTIRE AGREEMENT This Agreement constitutes the entire understanding of the parties. There are no covenants, conditions, representations or agreements, written or oral, of any nature whatsoever. other than those herein contained. 7 14. MODIFICATION This Agreement is subject to modification only by a subsequent legal writing signed by both parties. It shall be construed according to the laws of the Commonwealth of Pennsylvania. 15. AGREEMENT BINDING ON HEIRS This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 16. CONTRACT INTERPRETATION For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was drafted and prepared jointly by their respective counsel. 17. SEVERABILITY AND INDEPENDENT COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force and effect. 18. COSTS AND ATTORNEYS' FEES Neither party shall reimburse the other for any court costs or filing fees associated with this case, and each party shall be responsible to pay his or her own attorneys' fees. 8 ~. 19. LAW AND JURISDICTION APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 20. OTHER DOCUMENTATION The parties agree that they shall within ten days of the date of this Agreement execute any and all written instruments or documents required to effectuate the terms of this Agreement. 21. WAIVER OF ALIMONY Husband and Wife do hereby waive, release and give up any rights which either of them may have against the other to receive alimony. WITNES/~„f" ~~~; Melis aConn-Lehman ~~~~~~~ Shane G. Lehman mas.dir/domestic/divorce/coon-lehman.agr ,.. ~, c~ gym,, -~ :~; -, ~i r? e ~ '~~~- Ud.,;. <si ~ ~ --~ r- - _ C. G~ V `y} l/ Y ~ MELISSA CONN-LEHMAN, Plaintiff v. SHANE G. LEHMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001- 5a~~ CIVIL TERM CIVIL ACTION-LAW 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 avai{ab{e in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL 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 ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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, PA 17013 Telephone: (717) 249-3166 MELISSA CONN-LEHMAN, Plaintiff v. SHANE G. LEHMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001~~~~~ CIVIL TERM CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301(C) AND 3301 (D) OF THE DIVORCE CODE 1. Plaintiff is Melissa Conn-Lehman, an adult individual who currently resides at 627 Gates Lane, Enola, Cumberland County, Pennsylvania. 2. Defendant is Shane G. Lehman, an adult individual who currently resides at 432 Heritage Drive, Gettysburg, Adams County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 11, 1997, in Allegheny County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in Counseling. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. Respecffully submitted, O'BRIEN, BARK & SCHERER ~ ~~~~ is a A. Scherer, Esquire I.D.# 61974 17 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff, Melissa Conn-Lehman mas.dir/domestic/divorce/coon-lehman.com VERIFICATION 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. § 4904, relating to unsworn falsification to authorities. ~~/..Qf Q`t~/4~Y1N1(~Ol~i~I(.l/K~ M issa Conn- eh-m_an Date: 9 S O/ MELISSA CONN-LEHMAN, Plaintiff v. SHANE G. LEHMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5253 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on September 6, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. 1 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. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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: a 7 ~1~/.~raJoc~~L, ~4r~~.¢~^^-~- elissa Conn-Lehman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA CONN-LEHMAN, Plaintiff, vs. SHANE G. LEHMAN, Defendant CIVIL ACTION -DIVORCE NO. 2001-5253 CIVIL TERM DEFENDANT'S AFFH)AVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on September 6, 2001. 2. Defendant acknowledges receipt and accepts service of the Complaint on October 12, 2001. 3. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a Final Decree of Divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this davit are true and correct. I understand that all statements herein aze made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: Z f Z O d e G. Lehman, Defendant _ ~~ ° .S4~sY.K ,i~t.wr:~+_ .~r aN-:..,v-~. ..~:,s~,~sa~Yr~S~rnk'e~Xfv'e€iun"~~+x..~euuas~dPS'~a~R11F 1~ 'f i~ - -~ ti i'L' ; ~ - -~' ~~ J Z `i7 "_ U7 s:'. ~ ~~ _ . ~ ~ '- ~~, ZC- U ti;~ s`J l J fit} -. MELISSA CONK-LEHMAN, Plaintiff V. SHANE G. LEHMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5253 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, this ~~~` day of ~~abfr , 2001, I, Shane G. Lehman, Defendant above, hereby accept service of the Complaint filed in the above case pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint. an .Lehman ~_J ~~. L !~ - _a ~~; ' 'l7 _ G, -^ _ ~ - r P„ ~` -_ ~ ~ ~r.. -rid -_ -~ ~ 1 ~~ -. iJ l i _ -J ~ M1. ,.r _ ~ ~. _~..~.~. ___ _ .... ... IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MELISSA CONN-LEHMAN, CIVIL ACTION -DIVORCE Plaintiff vs. NO. 2001-5253 CIVIL TERM SHANE G. LEHMAN, Defendant ENTRY OF APPEARANCE AND NOW, this /S'~' day of October, 2001, comes Jean M. Arena, Esquire, and enters her appearance as counsel on behalf of the Defendant, Shane G. Lehman, in the above-captioned divorce action. submitted, .Arena, Esquire I. . No. 56379 10 i le Street GetCysburg, PA 17325 717-338-9550 Attorney for Defendant .~ ~ {..5 'Y~ ~~ ~. ` ~ Y. ~ ~C+ '5.~. `j~ T s MELISSA CONN-LEHMAN, Plaintiff v. SHANE G. LEHMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5253 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE NOTICE OF ELECTION TO RETAKE MAIDEN NAME Notice is hereby given that the Plaintiff in the above matter, having been granted a Final Decree in Divorce from the Bonds of Matrimoriy on the 20th day of March, 2002 hereby elects to retake and hereafter use her prior name of Melissa Conn and gives this written notice avowing her intention in accordance with the provisions of the act of May 25, 1939, P.L. 192 (23 P.S. 98), as amended. Dated: ~I~,CQ-OZ fl/1f' Q I\.. ~ .~ A_ Melissa nn-Lehman TO BE KNOWN AS Melissa Conn COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On the ~~~`day of ~r1 ~ , 2002, before me, a notary public, personally appeared Melissa Conn-Lehman to be known as Melissa Conn, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. (~. Nourial Seal Cynthia A. Roaborough Nouuy Pobfic Ciry of Haniaburg, Dauphin Count My Conunission Ezpiras Aug. 5. 2(103 ~ ~ ~ C O /^~' I ~~ ~? _; V'. `I~i ~ _ J)' v- ~ ~' ~(--. . 'f ~ 7 ~. ~1~n.!m\f_~ 1