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Home My WebLink About99-01794 '" ~-~~~~*-~--~~~~~-__~r~~~__.___~ 8 _.,~,_..._~--------_.- ~._--.~ II ~ . : IN THE COURT OF COMMON PLEAS : 8 OF CUMBERLAND COUNTY g 8 * $ * . 8 STATE OF '"\', PENNA. ~ e , * . * "DOROTIIY L,. THOMAS-LEHMAN,:I g N (),lm"",,,,,,, ,<;.+,Y.~k". 1999 . * Plaintiff:: ~ a " ? VC)'SIIS ~ ~ LEE G. LEIlMAN,~, * $ Defendant ~ ., ;i ~ e 8 A ~ $ ~ e DECREE IN ~ l DIVORCE ! AND NOW, .,., .F.l.v.s....s.. 1. .~.1....,.., 11'. tCif?/, it is ordered and ~ V v ~ decreed that ....,............... J?~~~'PF!. h. ~~~:-~~~.. .. '. plaintiff, ~ M and. .. .. .. . . . . . . .. . .. .. . .. .. .. . ..L,E,E. P.'. .L,E,~ .. .. . .. . .. . . ", defendant, ;;; " are divorced from the bonds of matrimony. ~ ,'. ~ ~ ? ~ ~.' ~ ;.; ~ ~ a ,~ * ;,: ~ ~ ~ ~ fo"' ~ ~.~ ~ " ~' ~ W f.~ ~ f.'~ a ,~ a -, <: ~ ~ ~ - - .._.._._.~. .. ., 7-;-;:~-;-;'-;';'--;-;-'.' f ~-----~~~~~~~~~~~._---,~~~~~~~~~,~ .I',..-......,._~. '-...' _.... _.. ....,... - ........ ....... _... ..... ....... ....... ........ .... 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; !!t.e. .a.t.t.a,c.h,e.d. .c.on. .o.f, .t.h,e. .p,a.r,t.i,e.s. .S.".P.a.<:,,:t.:l,o,,! ,a.'!<! .~<:o.P'e.<:~y. .S.e.t,~l,e.lI)E\Il~ .Agl;E\E\lIlent ?!'.t,e.d. !>-,u.g?s.t, .2.4... .2.0.0.1. ,i.s. ,1Il!'.d.e. .a, p.a,r.t. .h.e.<:e.o.t: .".'\<! .:!,I\c.qZ:P.<lI;l\t;e.<l .b,y' ,l;E\~Ell;ElIlCE\. nY..T;r,UJ~a O~,J{I Alle'tv IP U J. .., .. \0' Prothonotary i ~.~ ~ '.: *. '.~ ~ ... ~ '.~ ~ ... * '.' ~ ',' ~ ... ,', * ;-._"y,~~ w ...~ _~J."." ~ ~ -?:11 ...." ~tfd ~<z'..e'</ ~ ~tf/Y. (rtUo't'~~ /,~~rU4'--7 ,4 A......I'~) ." . ..PUA.'l'!OH AIm PROPD.'f:1._'rr'l'LBJODft' AmtlrmlnrP THIS AGItDIIDM', mad. thill :It/" day of /k11Ld"" ,2001, by and between DOROTHY L. THOMAS LIHXAN hereinafter referred to a. .Wite") and LaI O. LIHkAH (hereinarter referred to as .Huaband"), lfl'nlZllSftlh ~, Husband and wite were lawfully married on May 27, 1995/. and WBBRBAS, certain differences have arisen between tha partie. a. a result of which they .eparated in January, 1999 and now live separate and apart from one another, and are desirous, therefore, of entering into an Agreement which will distribute their marital property in a manner Which ia considered to be an equitable division of all joint property, and will prOVide for the mutual rasponsibilitiea and rights growing out of the marriage relationship; and WRRR~AS, there has been a complete disclosure of the earnings and property of each party, and each understands hiS/her rights under tbe Divorce Code of the Commonwealth of Pennsylvania; and WHBREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, JOBeph BUCkley, Esquire and Wife by her attorney, Howard B, Krug, Esquire have come to tbe agreement, which follows: . .. ~ow, 'l'HKRKPORa, in conoidorotior. of the above recital. an~ the following covenant. an~ promiooD mutually made and mutually to be kept, the parties herwtofore, Intending to be lagally bound, COVenant, promise and agree as follows: 1. SeDsration, It chall bo lawful for each party at all times here.fter to live separate and apart from the other party at such place that he or she may from time to time choose or deem fit. The foregoing provision shall not be taken a. an admission on the part of either party of the lawfulness of the causes leading to their living .put. 2. Intprferenc~. Each party shall be free from inter~arence, authority and contaot by the other, as fully aa if he or she were single and unmarried. except as may be necessary to carry out the provisions of this Agreement, Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other. nor in any way interfere with the peaceful existenee, separate and apart from the other. 3. Wife's Debts. Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from a;1Y and all claims Or demands made against him by reason of debts or obligations incurred by her. 2 4. 1I'laband' a Debt a . HUllband raprellentll and WArrant" to WHo that since the separation h. hall not and 1n the future he w1l1 not contract or incur Any debt or liability for which Wife or her eetate might be reaponllib1. and IIhal1 indemn1fy and eave Wife harmleas from any and all claima or demande made againet her by reason of debt, or obligations incurred by him. S. Ou~flllt..!lndina lToint: nebtw. The par~i.8 acknowledge and agree that they have no outetanding debts and obligations incurred prior to the signing of this Agreement, oxcept the Pirllt Union Mortgage, Account #08-600-266576, secured by the marital home, In the event that either party contracted or incurred any debts since the date of separation, the party who incurred said debt ehall be reoponsible for the payment thereof, regardless of the name in which the account may have been charged, and such party shall indemnify, defend and hold the other party harmless from any claim or demand made against that party by reason of such debt. 6. Raui~ab18 Distribution of M&rital Pronertv. The parties have attempted to distribute their marital property in a manner which conforma to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code and taking into account the following considerations: tba length of marriage; the fact that it is the second marriage ~or Husband and Wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the 3 . .. oontribution of! each party to the educ"UolI, aaionin!] or incna.ed .arning powar oC the other party I the opportunity of each party Lor future acquisitionB of oapital all~et. and inco~; the BouroeD of income of both partiee, includin'i but not limU"d to madiC&l, retirement, inlluranc. or other benefite; the contribution or cU.eipation of each party in the acquhition, pr...rvation, depraciation or appreciation of the marital property, including the contribution of each spouse as II homemaker; the value of the property set apart to each party; the atandard of living ot the parties established during the marriage; and the economic circumstances ot each party at the time the division of property is to become etf!ective. The division of existing marital property is not intended by the parties to constitute in any way a e.le or exchange of assets, and the division is being effected without the introduction oC outside funds or other property not constituting marital property, The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. Distribution of Per90nal Proosrtv. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, househo1a furnishings, appliances, and other household personal property between them, and ~hey m~tually agree that each party shall from and after the date hereof be the sole and separate owner of all suoh tangible personal 4 . ., propDrty pruently 1n hill or her po.e.aaion, and this Agreement shdl have the efCect oC an assignment or bill OC aAle Crom each party to the other for euch property .s may be in the individual poDaD88ion of each of the partie8 hereto. The parties hereto have divide~ between themselvee, to their mutual oAtiofaction, all iteme of tangible and intangible marital property, Neither party 8hall make any claim to any such items of marital property, or of the separate personal property of either party, whioh are now in the pOlleesaion and/or undsr the control of the other, Should it become necessary, the parties each agree to sign, upon request, any titles or documents neCellaAry to give affect to this paragraph, property shall be deemed to be in the poellellaion or under the control of either party if, in ths cage of tAngible personal property, the item is phYSically in the posllession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if Any physical or written evidence of ownership, euch as pasebook, checkbook, policy or certificate of insurance or other similar Writing is in the possession or Control ~f the party, Husband and Wife shall each be deemed to be in the possession and control of their own individual pension or other employee benefit plans or retirement benetits of any nature to which either party may have a vested or contingent right or interest at the time of the signing of this Ag,eement, and neither will make any claim against che other for any interest in such 5 benefite, except a. .eated herein, From and ateer the date of the eigning of thi. Agreement. both partiee ahall hav~ complete freedom of di.poeition a. to their ..parate property and any property which ie in their possession or control, pursuant to thi8 Agreement, and may mortgage, 8ell, grant, oonvey, or otherwise encumber or dispose of 8uch property, whether real or personal, whether such property wag acquired before. during or after marriage, and neither Husband nor Wife need join in, con. ant to, or Acknowledge any deed. mortgage, or other instrument of the other pertaining to 8uch disposition of property. B. Diatribution of R@&l ~Atdt8. Husband shall convey to Wife by epecial warranty deed signed concurrent with the execution of this Agreement, all of his interest in and title to their jointly owned real estate at 418 Pawnee Drive, Mechanicsburg, Pennsylvania. Wife llhall ~convey to Hueband any interest ihe If-res' acquired in the cemetery plota.fi . t she hall ~. a~fCr marriage. 7, Eouitable Reimbursement. Husband shall pay to Wife the 8um of One Thoueand Eleven ($1,011) Dollars on or before the tenth of each month, commencing the tenth of the month following the last spousal support payment (which is paid at the end of each month) and ending on the tenth of the month in which the last payment is made on the First union mortgage, account #08-600-266576. Time shall be of 6 i r . - the essence. ~s of the date of .xacution of this Agreement, it is anticipated that the last mortgage payment will be due in October, 2002. Thereafter. In addition, Hueband .hal1 pay Wife the Bum of Three Thousand ($3,000) Dollars. in three (3) equal monthly insts1lments of one Thousand ($1,000) Dollars, commenoing the tenth of the month following the last ~ortgage psyment, referenced above, and continuing monthly until the balance of the three thousand dollars has been paid in full. Time shall be of the essence. As of the date of execution of this Agreement, it is anticipated that theee monthly payments will commenca November 10, 2002 and end with the payment due January 10, 2003. The parties agree that the monthly payments set forth herein shall be payable through and enforceable by Domestic Relations. It is the specific understanding of the parties that by hie undertaking the obligation to pay the BUms set forth in this Paragraph, Husband is providing Wife with the means necessary to support and maintain herself by relieving her of the responsibility of the mortgage payment and other living expenses. It is the intent of the parties that Hueband's payment obligation shall function as maintenance and support for the purpose of rendering it non- dischargeable, pursuant to 11 use 523(a) (5), in the event that Husband should seek protectio~ under the Bankruptcy laws of the United StateG. In the event Husband succeeds in discharging these 7 ,~ deQc', he .hall Qe required to equitably reimbur.. wita to tho extent .he pay. any of tho aforementioned obligationa. Wife .hall have the option, however, in auch event to I:'eopen tho divorca to eecw:a ali~y or additional property, to campeneate her for payment. and expenael. The Court ehall in such event. retain continuing juriadict10n to award such to wife, including her coun.ol feea, expOllll.', oo.t., and reault1ng tues, as well all the additional right to U'nd Huuband in contempt of ita order. Notwithstanding the foregoing, Hueband hereby waive. any right to and shall not in the future deduct on his income tGX returna any part of the.e equitable reimbursement payment. aa eithol:' alimony or epau.el aupport. Wife shall not, therefore, declare any part of such payment~ al income to her on her future inCOMe tAX returns, Should Hu.band attempt to deduct euch payments al alimony or .pousal ~~y~~~, ne sna~~ lnaemnlty, aetend and hold Wife harmless from any texe., penalty, interest, coets or expeneeu Iha IUltain., including actual couneel teos, and taxed levied against, paid or incurred by her as a result, Such action by Husband 8hall be deemed a breach ot this agnlllllont. S. Venicl~ Notwithstanding Paragraph 6 of this, I Agreement, Husband shall retain possession and ownership of th~1997 ) \)1" Chevrol~t S~10 pickup, 1995 van, 1995 Chevrolet van, liS9 Chevrolet van, and 1980 Cube van now or previously in his possession, Wife hereby tr~n.tors all of her right, title and interest in sa1d S , , vehiclos to Husband, In cnnA1deration thereoC, Huaband ah&ll Basume full responaibility for payment and satisfaction ot any and all liena p~.ently binding Nife and encumbering the vehicles. and he agrees to indemnify, defend and hold wiCe harmless for the eame, wifs shall Gign any title or other documents necessary to transter o~lership of .aid vehicle. at any time, upon demand, Notwithstanding Paragraph 6 of this Agree~Ant, Wife shall retain poSS.ssion and ownerohip of the 1995 Duick Riviera presently in her possession. Husband hereby transfers all of his right, title and interest in said vehicle to Nife. No liens encumber wife'a vehicle. Husbsnd shall sign any title or other documents necessary to tran.fer ownership of said vehicle at any time. upo~ demand, 9. Pension. Nife shall retain her 401(k) with Vanguard Cellular Systems and all IRA, 401(k), pension and other retirement account. titled in her name. Husband represents and warrants that he had no IRA. 401(k), pension or other retirement benefits as of the parties' January, 1999 separation and continues to have none as of the date of execution of this agreement, 10. Alimonv. Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of property are fair, adequate and satisfactory to them, and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now have against the other for support, maintenance or alimony. Husband and 9 . Wiee ~urther voluntarily and intelligently waive and relinquish any right to seek from the other any pa~nt for support or alimony, except as set forth herein. ~ach party Qh~ll indemnify, defer.d and hold the other harmless against any future action for either support or alimony, modification or extension of same, brought by or on behalf of the other and the results of such action. such inde~ity to include the actual counsel fees of the party being sued for aupport or alimony in any such future action, except as stated herein. 11. Medical Ineurance. Prom and after the daee of divorce, each party shall provide for his or her own medical insurance. Husband shall maintain Wife's existing medical insurance coverage until the date of divorce. Thereafter, Husband shall cooperate as needed so that Wife can obtain COBRA coverage, if she so chooses. 12. Medical Bills. From and after the date of this Agreement, each party shall pay his cr her own unreimbursed medical expenses, 13. Susinea.. Husband and Wife are the owners of L&M Heat1ng and Air Conditioning, a sole proprietorship, which includes equipment, receivables, vehicles, tools, inventory, and related accessories tor the conduct of the business. Husband shall keep the business as his own property exclusively. Wife hereby relinquishes all claim and right ahe may have to the business, under and pursuant eo the Pennsylvania Divorce Code and the Agreement of the parties 10 dated September 20, 1995, Husband shall indemnify, defend and hold Wife harmless from and against any and all tax, creditor and other claims asserted against her as a result of her ownership intereat in the businsas, including the actual counsel tees expended to defend against such c1aJms. 14. Alimonv Pendp.r.~~ Lite. CnunA~l ~e@g and R~ngeg. Hush.nd is paying Wife the eum of $1,124 per month pursuant to a stipulated Order of Court dated July 2, 1999, filed to Docket #186 Support 1999, DR 28,405, Husband shall continue to make such payments through the thirtieth of the month in which a decree in divorce is entered. Thereafter, payments shall commence pursuant to Paragraph 7 hereof. Additionally, Husband shall continue to be responsible for all arrearages owing in the support action, From and after the entry of a decree in divorce, Husband and Wife acknowl~dge and agree that the prOvisions of this Agreement providing for the equitable distribution of marital property of the parties is fair, adequate and satisfactory to them, Both parties shall eccept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demand. that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses, or any other provision for their support and ma~ntenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. Each party shall be responsible for his or her own 11 oounael feea, and each agrees to indemnify, d~fend 4nd >>ave the other harmless from any action commenced against the other for alimony pendente lite, counsel fee~ and/or expense.. 15. Joint Tax Returns. The partie. have filed joint federal, state and local tax returns in the past. Each party has relied on the other to truthfully and accurately report his or her respectivs income. Particu1~rly, Wife has relied on Husband to truth~ully and accurately report income and expenses from L&M Heating and Ajr conditioning, and Husband has relied on Wife to truthfully and accurately report her employment income and expenses. To the extent either party has inaccurately reported income or expenses, knowingly or unknowingly, or has otherwise misstated any matter such that additional tax, interest or penalty may be due'with regard to a joint return, that party shall indemnify, defend and hold harmless the ether from and against any and all liability for tax, interest and penalties due. as well as actual counsel fees and costs incurred in the defense of such matters. Within five (5) calendar days of either party's receipt of any deficiency notice or other correspondence from the Internal Revenue Service, the Pennsylvania Department of Revenue, or the local taxing authority, the receiving party shall provide the other with a copy of auch notice and/or correspondence, 16, Divorce~ A Complaint in Divorce has been filed to No, 1794 CIVIL 1999 1n the Court of Common Pleas of Cumberland County, 12 Pennsylvania, and either party ohQll be free to p~ceed without further delay to eecure the diVorce. Both parties shall eign an affidavit evidencing their consent to the divorce. pursuant to Section 3301(c) of the Divorce Coda, In the svent either party fail. or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agreee that a legal or equitable action may be brought to compel him or her to execute a consent torm and that, aboent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 17. Time of Distribution. The assets and interests to be transferred under and pursuant to this Agreement shall be conveyed and transferred to the respective parties immediately upon the execution of this Agreement. The parties shall cooperate by executing all documents necessary to effectuate a divorce under Section 330l(c) or 3301(d) of the Pennsylvania Divorce Code, and this Agreement to cooperate shall be enforceable aD an order of court pursuant to 23 Pa.C,S.A. 93105 or by an assumpsit action for specific performance. However, upon refusal to consent, all property distributed to the psrty referring to consent shall be returned to the party originally in possession, until the time or final decree. IS. Reconciliation. Notwithstanding a reconciliation 13 between the parties, this Agreement shall continue to re~ain in tull force and effect, abeent a writing signed by the parties st&ting that this Agre.~nt ie null and void. 19. Releaae. Subject to the provisions of this Agreement, each party has releaaed and diacbarged. and by this A9reern~nt does for himself or herself, and his or her heirs, legal repreeentativee, executors, adm1nistrators and aesigns, releass, indemnity (inCluding actual 18g&1 feell and discharge the other of and from ell cauacs of I I i , I I action, claims, rights, or demands, whatsoever in law or equity, including equitable distribution, spousal support, alimony. counsel fees, alimony pendente lite, and expenses which either of the parties against the other ever had, now has, or may have in the future under r the Pennsylvania Divorce Code, as amended, or under any other statutory or common law, except any and all causes of action for divorce, for breach of any provieions of this Agreement, or for any cause eet forth in this Agreement, Each party also waives his or her right to request marital counseling. pursuant to Section 3302 of the Divorce Code. 20. W~ivers of C'~ims AOAinat Estat@s. Except as herein otherwise prOVided, each party may dispose of his or her property in any way. and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction, to share in the property or the estate of the other ae a result of the marital relationship, l4 including without limi~.tion, dower, curtesy, atatutory allowance, widow'. allowance, right to take in intoetacy, right to take against the Will of the other, and right to act as adm1nistrator or executor of the othor'. ostate. and any right exieting now or in the future under the pennaylvan1~ Divorce CodQ, as amended from time to time, and each will, at the request of the other, execute, acknowledge and deliver any and all inetrumente which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and clai~, Each further waives any right to inherit or receive property or act aD the personal representative of the estate of the other by Will, Codicil, intestacy, or insurance policy, unlese such Will. Codicil, or insurance policy (designation of beneficiary) is dated subeequent to the effective date of this Agreement, ~1, Riahts on Execution, Immediately upon the execution of this Agrsement, the rights of each party against the other, despite their continuing marital statue, shall terminate. except as set forth in this Agreement. 22, ar~ach, In the event of breach of any of the terms of this Agreement, the nonbreaching party shall be paid. as part of any award or judgment against the breaching party, all costs, including actual counsel fess paid to his or her attorney, 23, Incorooration in Final Divorce. The terma of this Agreement shall be incorporated but shall not merge in the final 15 divorce decree between the partie., Any Court having j~ri.diction shall enforce the provieione of this Agreement a. if it were a Court Order. This Agreement .hall survive in its entirety, re.olving the spoueal support, alimony, equitable di.cribucion and other interoots and rights of the partiee under and pursuant to the Divorce Code of the Commonwealth of fennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the term8 cf thi. Agreement. This Agreement may be enforced independently of any support order. divorce decree or judgment and its terms shall take precedence over eame, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardlees of any change in the marital status of the parties. It i. warranted, covenanted and represented by Husband and Wife, each to the other. that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 24, Addition~l Instruments, Each of the parties shall from time to time, at the request of the other. execute, acknowledge and deliver to the other party, any and all further instruments that may be reaaonably required to give full force aITd effect to the provisions of this Agreement, 25. Seoarabilitv. In case any provision of this Agreement should be held to be contrary to, or invalid under, the law of any country, state or other jurisdiction, such illegality and invalidity 16 ehall not in any way affect the other provi.ione hereoC. all of which .hall continue, nevartholc,., in full force and effect, and each paragraph herein shall be deemed to be a separate and undisputed covenant and agreement. ~6. Entire Aoreemont, This Agreement containe the entire, complete and axclu.ive understanding of the parties, and there are no representations, warranties, covenants and undertakings other than those expressly set forth herein, Husband and Wife aoknowledge and agree'that the provisione of this Agreement with respect to the distribution and divieion of ~rital and eeparate property are fair, equitable and satisfactory to them, based on the length of their marriage and other relevant factors which have been taken into consideration by the parties, Both parties hereby acoept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and de~nds that they may now have or hereafter have against the other for equitable distribution of their property by any enurt of oompetent jurisdiction pursuant to Section 3502 (d) of the Divorce code or any other laws. Husband and wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determ~nation and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any ~ight to seek court relief for the purpose of enforcing the provisions of this Agreement, 17 27. Hodtfteation .nd Waiver. A modification or waiver of any of the provi.ion. of thie A9tee~~nt shall be effective only it ma4. in writing and executed with the same formality as thie Agreement, The Cailure of .ither party to in.i.t upon .trict perfo~ce of the provisions of this Agreement shall not be construed a. a waiver of any 8ub.aquent default of the came or similar nature. 28. Volunt~rv Execution. The provisions of this A9reement and their legal efCect have been fully explained to the partia. by their respective counael, Howard B. Krug, Eequire for Hife and Joseph Buckley, Esquire for Husband, and each party acknowledges that the Agreement ie fair and equitable, that it i8 being entered into voluntarily, with full knowledge of the asaets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with or are aware of all information relating to the financial affairs of the other which has been requested by each of them or by their respective couns.1. Each party further acknowledges that each has conducted his own independent investigation into the existence of the Other's assets and liabilities and i8 not depending upon any representations made by the other parey in agreeing to the terms hereof. 29. DescriDtive Headinas. The descriptive heading. used herein are for convenience only. They Shall have no effect whateoever in determining the rights or obligations of the parties. 18 13:50 F'lRCELL.KRl.G & H'l.LER , , ?1? 233 1149 P,B2192 DOROTHY L. THOMAS - LEHMAN Plaintiff VB. IN THE COURT OP COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1)-1 - I/PI/ &t.J LEE G. LEHMAN, Defendant IN DIVORCE CIVIL ACTION - LAW NOTICB TO DllnND AND CLAIM RIcm'1'S YOU HAVE BEEN SUED IN COURT. It you wish to defend against the claims set forth in the COMPLAINT IN DIVORCE in the following pages, you must take prompt action. You are warned that if you tail 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, Cumberland County Courthouse, 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 TnTf.'Il 0 (;I" ~ , ,\ , ~~~~ i, .(, '! ~\ ,- , '. ~ I. " ~ ') , /: ' \. \' 'l r< , ~ ~ ,', "- c f~ '" i, " \I) (, , ", 'V. 'J ~\ \, . ~ " , ~ ,,\ I , /, -. \) v' C I t, , "- ~ ~ ~" ~ ' , ~ \ -, , ... z ..; . > z..... ... ..:l ...;..... <:: >t :;;.,...j III CI) CI) :Z:... '0 ~ Z 0:; tiI<:: <:: z tiI ...:I,.... <!l tiI ..:l '11l! ..... "- >t "- L') ,.....f <!l :... ::5"- a ~ ~2: Z ... O:J 0 0 . :z:8~ :z: z ~ E-< <:: E-o 0 , :<: ...:I a :.J . ;> :z: <z ..:l tiI E-o tiI..;.... ..:l z j :;:..:l 0 >t H za:: :r. ..; O~8 Eo< c.:l ...:I ~al a:: 0 "- ~ :<::J a:: tiI :<: O:J 0 0 tiI 0 :.JU :J Cl ..:l ::J , ,- , HM'KI". ~o-"IUI' '8C; IU. "Ill' I''i O'HI'IfOJ 00 Ald.ms "'D1Hl'1'!5."'" DOROTHY L. THOMAS-LEHMAN Plaint if f IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, yt/, 17r't! ewJ LEE G, LEHMAN, Defendant IN DIVORCE CIVIL ACTION - LAW COMPLAINT IN DIVORCE AND NOW COMES Plaintiff, Dorothy Thomas-Lehman, by her attorneys, Purcell, Krug & Haller, and avers as follows: COUNT I DIVORCE PURSUANT TO SECTION 3301 (c) OR 3301 (d) OF THE DIVORCE CODE OF 1980 1, Plaintiff is Dorothy L. Thomas-Lehman, an adult individual who currently resides at 418 Pawnee Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2, Defendant is Lee G. Lehman, an adult individual with a last known address at P.O. Box 72, Carlisle, Dauphin County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4, Plaintiff and Defendant were married on May 27, 1995. 5. Plaintiff avers that there are no children born of this marriage. (1).0: <l:H >LIZ .....0: :>.> Z..... ... ~ .... .0:..... e: Z>< ::;:'.... '" 0(1) :I:.iJ -0 :zZ >LIe: e: ... .. ::;:Z ......... Q) Z ~ ::>>LI ;;: , <1l '.... t.l -<l .. .. U~.... .0: (I).... Q) tIl 0 H .... <~ 0 Z ~~ 5 r.. -> ::;: 0 i ::> 'H 0 U ~ OU :I: ;;: ~ 8U Z "" ~ r.. I>; .,. 0 Z 0 1 : OOo-.>LI ;-i :I: ~ OZ,.. U 8 .... >LI ... ::.J,~.....-l ~ U .... H .... I 0 ,,:; >< ~ ~ >LI1>;o-. > :I: =~'" H .... '"' (9 C 800 Cl H ::> H ::;: > I>; >LI r.. ZOO Z H 0 en >LI ~ ,-iUZ H U Cl :> .... >- r-. >- S? 1I: s: 1-.-= (~ :...., ,-, ~S " lU--,_ ~J~ ~:-. .J ....;. u.. :-... , r :j c5 ... , (' "" ,~ (L: ; j c"? it I, (':: "iriS ~-. c:. :!;..:.... .<.: .~ i.,- t~'\ .::) u C/, U '- ' DOROTHY L, THOMAS-LEHMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA VB. NO, 99-1794 CIVIL Defendant CIVIL ACTION - LAW IN DIVORCE LEE G. LEHMAN, AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I, Howard B. Krug, Attorney for the Plaintiff in the above action, hereby swear and affirm that on the 26th day of March, 1999, I sent, by certified mail, return receipt requested a Complaint in Divorce to the Defendant, Lee G. Lehman. The Return Receipt Card signed by the De~endant on March 31, "" i, an,ohed hm'o a. .""t:,,# /,/' HOWARD B. KRUG '?/ Sworn and subscribed to before me this C~L.. day of (l~r\ I , 1999. ~d/'/~-- ;icr6ry ~bliC CHER NOTARIAL SEAL Cia, OfY~a~~:u~ERDE. NOI,ary Public M Co '. g, auphlM County . mmlsslon Ex ires Ma 11. 2002 , , , ,} "'<I; <l;H "'12: Z o-l<l; <I; ll<> z f-< ~ :E o-l < Z l>: 2:>0 :E W 0 0'" :I: Vl " :E2: "'I~ f-< Z - :E2: o-l~ Z 0 0 0"'1 ..... JH - > <Z Z ~ ~ W ~ - '... :EH W 0 ....l 0 . U 0< .~ < 0 :I:o-l 2:W f-< f-< f-: a- :E > j :::>0 ..... Vl :t: < 02: M ....l > W 0 :E U- i>.. W W<:r: a- :I: ~ ~ ....l :t:"'I f-< " < 0 f-<lXl 0 :I: ;:;: l>: W U 2::::> 0 0 W H HU '" 0 ....l Z _. 'C"'Y r-- ^ .... ".,. DOROTHY L. THOMAS-LEHMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VB. No, 99-1794 Civil LEE G, LEHMAN , IN DIVORCE CIVIL ACTION - LAW Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 26, 1999. 2, The marriage of Plaintiff and Defendant iB 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. 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: ~~,,:l(~/ ~ , , U)<( 0 <1:.... .... ~z f-< Z ,..J<( z<( <I: ~:> z ~ ( Z ,..J <( f-<u.. ~ <>: z>- Zu.. f-< 200 0 0U) :I:u.. Z .... ~ ~ (.:> zz ~.... <( >-~ - zz ,..Jf-< 0 u..<>:<>: 0 O~ ..... ,z Z Of-- :> <(<>: u.. ~~o ~ ~ u.. - .... z,..J ~ U ,..J 0 . U O~ -0 ....f-<~ <( 0 :I: Z f-<U)u f-< f-: U) <>: '" U) z z::>o ::,.; ::>0 " :> :I: 0':> 1 . oz .... ,..J ~ u..~"" Z U<( I ,..J 0<>:0 ,..J '" :>< ~ ~ ~<>: '" :I: <>:0 ,..J :I:~ f-< (.:> ~f-< 0 f-<o:l 0 :> :I: z <>: ~ .... U z::> 0 0 ~ <I: .... .... Z ~ ..... ,- -. -=- ~;. . . 8, I am not a mcmber of the anned scrvices ofthc United Statcs and I was not a member during any time relevant to this action, I hereby verify that the statemcnts madc in this Affidavit are true and correct. I understand that false statements hcrein are made subject to the penalties of 18 Pa. C.S, Section 4904 relating to unsworn falsification to authorities ich provides that if I knowingly make false statemcnts, I may be subject to crimina pena . s. cR-Q Lee G, Lehman d(t.7 j(J ) Date: '..~ ';. , .. ,. . " .- ,. .'.; , '. , ~-.: , ; - , " ,; '""::l ::'2 (, , ( ~2 , '" , ::j -..) 0 '. , , " . . IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA DOROTHY L, THOMAS-LEHMAN, PlainlilT CIVIL ACTION. LAW vs. CASE NO. 99-1794 CIVIL LEE G. LEHMAN, Defendant IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REOlJEST ENTRY OF DIVORCE DECREE BEING FII.ED I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 26, 1999. in the a~ove-captjoned action. 2. The marriage of PlaintilT and Defcndanl is irrelrievably broken, and at least 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 by the Court of Common Pleas of Cumberland County, Pennsylvania. 4. I understand that I may lose our rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 5. I waive the requirement that a Notice ofIntention to Request Entry of Divorce Decree be filed in this malter and pray the Court enter a decree divorcing PlaintilT from Defendant. , .- - . - .. .' ,. , - , ; ) , . ) ~'.j .:) ,'fj (, ) -. . ~ :1 IJ .I (, ....; ~j ,) U ~ , . ., ~ ...... . . DOROTHY THOMAS LEHMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99 - 1794 CIVIL LEE GLENN LEHMAN, Defendant IN DIVORCE TO: Howard B. Krug Milkes/ Attorney for Plaintiff Samuel W. Attorney for Defendant DATE: Tuesday, February 29, 2000 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed, OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. ; (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery, DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED I~4EDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. . . . OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 NOl1h Hanover Slrcel Ca,llslo. PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Trecl Jo Col,er Oflie. Manager/Repone, West Shore 697.0371 Ex', 6535 May 8,2000 Howard B, Krug, Esquire PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102-2392 Samuel W, Milkes, Esquire JACOBSEN & MILKES 52 East High Street Carlisle, PA 17013 RE: Dorothy Thomas Lehman vs. Lee Glenn Lehman No, 99 - 1794 Civil In Divorce Dear Mr. Krug and Mr. Milkes: Mr, Milkes returned the certification document to my office dated March 9, 2000, indicating that discovery is complete, Mr. Krug has not filed the certification document. The motion for appointment of Master indicates that there is a claim for equitable distribution; however, I cannot find in the file any pleadings raising that claim, The divorce complaint, which was filed on March 26, 1999, raised grounds for divorce of irretrievable breakdown of the marriage, indignities, and adultery, Before issuing a directive for the filing of pretrial statements, I will need to have an economic claim for equitable distribution raised, I will allow counsel two weeks to raise any claims which they wish to raise and if no claims are raised, I will then prepare an order vacating my appointment. I assume that all discovery has been complete inasmuch as Mr. Krug has not contested the certification of Mr, Milkes and, therefore, I assume that if an economic issue is raised we will be able to DOROTHY THOMAS LEHMAN IN Till:: COURT OF COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-1794 v, LEE GLENN LEHMAN CIVIL ACTION - LAW IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Dorothy Thomas Lchman , Plaintiff Howard B. Krug , Counsel for Plaintiff Lce Glcnn Lchman Defendant , Joseph D. Bucklcy Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover street, Carlisle, Pennsylvania on the 12th day of June , 2001 at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case, ~ '~f1<<' <<0' b., President Judge Date of Order and Notice: 3/27/01 By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT ArFORD 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 CAI1L[SLE, PA 17013 TELEPHONE (717) 249-3166 o DOROTHY THOMAS LElIl-'.AN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs, NO. 99 - 1794 CIVIL LEE GLENN LEHMAN, Defendant IN DIVORCE RE: Memorandum DATE: Tuesday, June 12, 2001 Present for the Plaintiff, Dorothy Thomas Lehman, is attorney Howard B. Krug, and present for the Defendant, Lee Glenn Lehman, is attorney Joseph D. Buckley, The Master had scheduled the meeting today with counsel and the parties to see if we could resolve the outstanding economic issues in order to reach a settlement and let the divorce proceed to conclusion. However, upon discussion with counsel, it is determined that there appear to be a number of outstanding discovery issues that have not been resolved, The Master pointed out to counsel that Mr, Milkes had certified that discovery was complete on March 9, 2000, The Master wrote a letter to counsel on May 19, 2000, advising that although he had not heard from Mr. Krug regarding the status of discovery, the Master assumed that there were no outstanding discovery issues and he was going to proceed with a directive for pre-trial statements. The Master consequently issued a directive and pretrial statements were filed and a pre-hearing conference was held on September 25, 2000. The Master has now been presented today with considerable arguments regarding discovery matters, Included in the argument is an allegation that Mr, Lehman conducted himself in such a way as to fraudulently utilize the assets of wife to his own benefit. The first matter that the Master is going to address is discovery. The Master is going to allow counsel one month from today to complete discovery, whether it be vOluntarily or through the assistance of the Court. Consequently, discovery should be completed by Friday, July 13, 2001, The Master is scheduling a hearing on Wednesday, July 18, 2001, to take testimony on the issue of fraud which has been raised in thase proceedings. Further, at that point, the Master will not consider any evidence that has not been produced and provided between counsel and the parties as of July 13, 2001. The [ I f , Master will hear no further ~rguments or discussion regarding discovery matters and will not entertain any evidence that has not been produced to opposing counsel by July 13, 2001. The hearing on July lB, 2001, will be strictly held for the purpose of determining whether or not husband acted fraudulently in the use of assets of the parties and in particular in taking advantage of wife's contributions to the marriage based on her allegations that she was a victim of husband's conduct, r" Notices will be sent to counsel and the parties that a hearing is scheduled for Wednesday, July IB, 2001, at 9:00 a,m. Wife's address is 41B Pawnee Drive, Mechanicsburg, Pennsylvania, and husband's address is 1673 Newville Road, Carlisle, pennsylvania. E, Robert Elicker, II Divorce Master cc: Howard B, Krug Attorney for Plaintiff Joseph D. Buckley Attorney for Defendant v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99 - 1794 NO. DOROTHY THOMAS LEHMAN LEE GLENN LEHMAN CIVIL ACTION - LAW IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Dorothy Thomas Lehman , Plaintiff Howard B, Krug , Counsel for Plaintiff Lee Glenn Lehman , Defendant Joseph D, Buckley , Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania on the 18ili day of July 2001 at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. ~r<, <,. ,: 't:t. President Judge Date of Order and Notice: 6/12/01 By: Divorce Master 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, PA 17013 TELEPHONE (717) 249-3166 DOROTHY THOMAS LEHMAN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 99-1794 CIVIL 19 LEE GLENN LEHMAN IN DIVORCE Defendant STATUS SHEET DATE: . DOROTHY THOMAS LE:IlMAN, Plaintiff IN THF. COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA VB, NO. 99 - 1794 CIVIL LEE GU:NN LEHMAN, Dnfnndnnt IN DIVORCE RE: Pre-Hearing Confcrence Memorandum DATE: Monday, Septembcr 25, 2000 Present for the Plaintiff, Dorothy Thomas Lehman, is attorncy Nichole M, Staley O'Gorman. Mr, Krug may be the attorney trying the case and we have discussed the local rule that requires the attorney pre-trying the case to try the case. Mr. Milkes has indicated that he will not make any objection to Mr, Krug acting as the trial attorney. Representing the Defendant, Lee Glenn Lehman, is attorney Samuel W, Milkes, A divorce complaint was filed on March 26, 1999, ralslng grounds for divorce of irretrievable breakdown of the marriage, indignities, and adultery. Counsel have indicated, however, that the parties will sign affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be co~cluded under Section 3301(c) of the Domestic Relations Code, On May 17, 2000, the Plaintiff filed a petition ralslng claims of equitable distribution, alimony, and counsel fees and expenses. On May 19, 2000, the Defendant filed a counterclaim raising the economic issue of equitable distribution. With respect to the alimony claim, counsel have indicated that they will be offering testimony on the factor of marital misconduct. Counsel are directed to provide a list of witnesses to opposing counsel at least a month prior to the hearing on marital misconduct, The parties were married on May 27, 1995, and separated January 25, 1999. There were no children born of this marriage. Both parties have children from prior marriages or relationships. Wife is 57 years of age and reside at 418 Pawnee Drive, Mechanicsburg, Pennsylvania, where she lives alone. She is a high school graduate and works as a salesperson selling subscriptions at BJ's, Her net weekly income is $247,69. She has been employed with BJ's since July 1999. At a hearing in July 1999 Judge Oler attributed an earning capacity to wife of $1,276.00 net per month. There is an issue regarding wife's earnings inasmuch as she previously worked for Cellular One as a salesperson and was making in excess of $50,000.00 per year. Cellular One has since merged with another company and wife, she claims at husband's insistence, gave up her full-time employment with Cellular One. There is an issue about whether or not wife could return to a similar kind of a position and Mr. Mi1kes indicated that he may have a vocational expert review wife's earning capacity and determine if there are similar jobs available on the market paying what she was previously earning, Wife is receiving spousal support in the amount of $1,124.00 per month, Husband is currently providing wife medical insurance coverage through the business. Counsel for wife should determine if coverage is available through her employment or if not, what the cost to wife would be to maintain medical insurance. Husband is 49 years of age and resides at 1673 Newville Road, Carlisle, Pennsylvania, with a female friend. He is a high school graduate and is self-employed as the sole proprietor of L&M Heating and Air Conditioning, He grosses around $50,000.00 per year from the business. At the hearing on July 2, 1999, ~'udge Oler determined his income net monthly to be around $3,500.00. Neither party has raised any health issues. The real estate where wife is residing at 418 Pawnee Drive, Mechanicsburg, Pennsylvania, was transferred to joint names by wife to husband and wife on August 18, 1995. Attorney Staley O'Gorman indicated that she is going to have the property appraised. One of the issues is the value of improvements that were made to the home since the date of marriage and that should be considered in the appraisal, The house is currently subject to a mortgage of around $22,000.00, Originally there was a mortgage for $48,000,00 and there is a disagreement as to how the proceeds from that mortgage were applied, whether to the business or for house improvements or for both, Counsel are trying to determine how the $48,000.00 was spent and are going to do an accounting as best they can of the proceeds of the monies received on that mortgage, There was discussion about a "note" that the business gave wife representing the amount of the mortgage of $48,000,00 obligating the business to pay that money monthly, which was comparable to the mortgage payment, to wife. No document exists; however, apparently there were monies drawn . out of the checking account monthly from the business representing the amount that was due on the mortgage. The mortgage payment is around $1,010.00 per month, Mr, Milkes wants to clearly state, on behalf of his client, however, that the note, if any such note exists, was not just payable to wife but payable to both parties, Attorney Staley O'Gorman indicates that the mortgage obligation was essentially a business expense; Mr, Milkes claims that substantial monies were used from the mortgage for home improvements such as a porch, a heating system, and a roof, Apparently there was a transfer of the business interest, owned by husband in L&M Heating and Air Conditioning, to husband and wife. The question is what exactly was intended by the transfer, The document that purported to transfer the interest is not specifically clear on what assets were included in that transfer, For instance, there is a question as to whether or not there are any business vehicles which would be included in wife's interest, We do know that there was a 1997 Chevrolet pickup truck which was a non-business vehicle. There is some question, however, as to whether or not that vehicle has any net value, Wife had a 1995 Riviera which was premarital which was valued at around $18,000,00, Otherwise, apparently the vehicles that existed were involved with the business, There are two savings accounts with balances of around $55.00 and $3,549,00 and a checking account with a balance of $906,69, There is a transaction that occurred with respect to a certificate of deposit and a 401(k) which is outlined on wife's pretrial statement on the page titled non-marital property. Supposedly monies were taken out of the 40l(k) and transferred to husband for use of the business and then those funds were replaced by monies from the certificate of deposit to avoid taxes and a penalty, The statement on the pretrial exhibit sets forth the nature of the transaction which resulted in two individual capital growth accounts which are currently held by wife. 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Ol -Ol-i Ql :':CD co .- ro'- :~,"'ffi'+- 0 :':flf :e0):e~c>>:g_ "g,.c- " l:ll g.t::=g.c.t::a.5 :'(1)200 t: co 0 co Q) 0 Q) 0 8 -Q) 'S ~ 10 :0 ",0..::00..0::;0", oOCl CD :E u.... .... ........ oc:(-~-,..... '" .:iii": Olen en ~~ 0)0> 0') en ... Ol- eo .Sflr co co .- 'E oC!J C!JC!J :S 0.. .. .. .. -n.:t:.~ ~ ~o 0 -- :0: ::I 00 <DOOO 'IIJ 0 -.. .. .. .. .c:T"':''I'''"".... ','" ~ 0 u 0 u " .,... Ql ~ .m '" '0; OS 0 :t: t:: 0- 0 '" Q ::; i5 -~ JUIINW."I,UIII 1I0WAMIIII k.ft'(; IH~P lIo\llf~ JUII'IIWrt'Jl.UlI JIt Jill M WINIIC' UJUAN J lYU:Jl. NI(llOtf M STAileY ()'OOJl.MAN I,^ W OFfiCES Mo'n//, 'Y(;(~1 f3 ~yalt!)l 17II,NnlWI'MC)NI SINHr II....'UU\IIUWC ..I"N~WI\'''N1'' 17102.J.11J,l IllII'''''''1717ilI4.417/l 1>\' (:'I71.! 11.114" IiERSttEV (111)61J.18J6 JOSEPH NiSSlEY (UUo-IM2) VAlERIE A. GUNN OF' COUNSEL November 17, 2000 Robert E. Elicker, II, Esquire 9 North Hanover Street Carlisle, PA 17013 Re: Dorothy Thomas-Lehman vs. Lee G. Lehman Docket No. 99-1794 Dear Mr. Elicker: As we discussed on this date, it is respectfully requested that the Pre-Trial Conference in the above referenced matter presently scheduled for November 27, 2000, at 9:00 a.m. be rescheduled to December 18, 2000, at 9:00 a.m. Per my discussion with Tracy of your office, it is my understanding that this date and time is available. Sam Milkes, counsel for Mr. Lehman, concurs in this request. Thank you. NMSO/ase cc: Dottie Thomas-Lehman Samuel Milkes, Esquire , S t DOROTHY THOMAS LEHMAN, Plaintiff IN THE COURT Of CO~~ON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 99 - 1794 CIVIL LEE GLENN LEHMAN, Defendant 1 N IJ! VOkCE CONfERENCE WITH COUNSEL AND THE PARTIES TO: Nichole M. Staley O'Gorman Dorothy Thomas Lehman , Counsel for Plaintiff , Plainti ff Samuel W. Milkes Lee Glenn Lehman , Counsel for Defendant , Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 27th day of November, 2000, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference a hearing will be scheduled at another date. Very truly yours, Date of Notice: September 26, 2000 E. Robert Elicker, II Divorce Master above address, the following items: the fax machine located at the home (which shall be appraised at current value), the Defendant's birth certificate and pllBsport, the title to the 1995 Box Van, and the bracket to the John Deere tractor. ,'i I: 4. Within sixty days of the signing of this Stipulation, the Parties shall exchange, through their attorneys, any and all records they have of all bank accounts, certificates of deposit, retirement or savings accounts, or financial investments currently held or held at the date of the marriage by either party, individually, or jointly with each other or any other persons. These records to be exchanged shall include the entire records dating from the date of marriage, May 27, 1995, and shall also include business records of L&M Heating and Air Conditioning, as well as retirement records of Dorothy Lehman, in relationship to her employment with Cellular One. They shall further include the tax returns filed by the parties during the entire time of the marriage, which currently are in the possession of Lee Lehman. 5. Each party shall be solely responsible for any bill or debt incurred by that party after separation. 6. The parties shall sign the joint tax returns, which have been prepared by the accounting firm of Cohick & Associates, and which have previously been circulated to counsel for both parties. 7. Each party shull sign appropriate authorizations so that their respective accountants may communicate with one another about . .oj " the financiul nIlwrs and records of the parties, including the business of L&M Heating and Air Conditioning. 8. Husband agrees to sign a separate Indemnification Agreement, to be reviewed and approved by counsel for both parties, clarifying that in connection with the signing of the tux returns, Husband assumes responsibility for the accuracy of information regarding, and the lawful conduct of the business L&M Heating and Air Conditioning. 9. Husband shull pay the taxes due and owing in connection with the filing of the federul and state joint tux returns for 1998. Ultimately, the parties shull be responsible for payment of these taxes, in connection with any Marital Property Settlement or Order in the same amount each party would have paid, had that party filed separately, in a return property completed, using generally accepted accounting or customary principles and practices. 10. Wife shall transfer to Husband's full ownership of the 1997 Chevrolet S-10 pickup truck currently titled in the name of both parties. This shall be considered Husband's sole property and Husband shall maintain insurance and registration on this vehicle. ,... o' is ,r; - ;~: 0'.. ) .,..- tile: , c... ~. . , ~ .:.\ " u... . : (-/ '\ '. cr. , p. /:. lU'" _.J,. ' c-- ~ . J (.1: ~ ". ,: ;:,' ...:; I" (." ~:.) ..;, oJ' (.) .', '''"' (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. ~b(Q:) D TE ~ ~/ ~- COUNSEL FO LAINTIFF ( ) COUNSEL FOR DEFENDANT ~) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. :n.<; '<;H ~Z ..:I"; "'> Z ~ ..:I .<; Z>< :z 8 o ~, :x::<. z -Z ~r.. .,; >< ~ Z'" ...:1H 0 = 0"'1'" ~ 18 Z .. -l:l u"'''' .:: ~Z ~ 0 H ..:I ";H ~ I>:Z ~~ r.. . :z..; ~ g~ 0 ....:1 0...:1 '0 OH :X:'" Z ~ 8U> Z .. 4; ~"'I I>: H 0 :;: o .~ j OOU r>1H :x: I OZ U8 ...:1 r>1 ><Ul ~<oqo ~ ~ ...:1 13~ ...:1'" 0"; >< ~ "'I I>:r- > :I: ..0 :I:"'IH H...:l ... L? z= 80:1 0'-1 0 ~.. ;;:. > I>: "'I ~ .2: 00 Z H 0 Ul "'I !-l :JZ H U 0 H . , . .' ... . ..~ ........'L....D-<;..'L..."\QH..L<>.~"."'L<\1 __..... oo.'....n.,...llu~n.IG.'... . . .. ...: . ASSETS OP THE PARTIES Pl.llntiff marka on the lint bolow (hut'" itema applicable to the C.10C at b.Il' ..\Ill! itemiz"ll the i1nnN:n on tll(! following pagen. (X) 1. (X) 2. ( ) 3. (X) 4. (X) 5. (X) 6. ( ) 7. ( ) 8. ( ) 9. ) 10. ) 11. ) 12. ) 13. ( ) 14. (X) 15. 16. 17. 18. (X) 19. ( ) 20. ( ) 21. ( ) 22. ( ) 23. (X) 24. (X) 25. ( ) 26. Re,ll Property Motor vehicles Stocks, bonds, securities dnd options Certificates of deposit Checking accounts, cash Savings accounts, money mill-ket and savings certificates Contents of safe deposit boxes Tt'uoto Life insurance policies (indicate face value, cash surrender value and current beneficiaries Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits - severance pay, worker's compensation claim/award Profit sharing plans Pension plans (indicate employee contribution and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) Military/V.A. benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attached itemized list if distribution of such assets is in dispute) Other ~ k 0 >. ..... ..... 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LE~: CHECKING ACCOUNT #1000590161~~ STATEMENT BALANCE AS OF 1/16/99: Less/plus Activity: 01/19/99 01/19/99 01/19/99 01/20/99 01/20/99 01/20/99 01/21/99 01/21/99 01/21/99 01/21/99 01/22/99 01/22/99 01/22/99 01/22/99 01/25/99 01/25/99 01/25/99 01/25/99 CHECK #6101 MAC - GIANT MAC - GIANT CHECK #6102 CHECK #6103 CHECK #6100 DEPOSIT AUTOMATED DEBIT - PAWC MAC - CASH AUTOMATED DEBIT LOfu~ PYMT CHECK #6104 MAC - GIANT CHECK #6089 CHECK #6099 CHECK #6087 CHECK #6106 M.".C - CASH ~W-: - CASH BALANCE IN ACCOUNT AS OF 1/25/99 $ 2,13:J.:0 75.00) 65.78) 111.801 91. 74) 138.86) 24.91) + 900.00 52.66) 200.00) 1,010.90) 159.60) 130.37) 100.00) 42.00) 48.00) 80.79) 50.00) 50.001 $ 906.69 ++++++++++++++++~+++++++++++++++++++++++++++++++++++++++++++++~+ CAPITAL GROWTH ACCOUNT #3059980120841 STATEMENT BALANCE AS OF 1/16/99: BALANCE IN ACCOUNT AS OF 1/25/99: $ 55.06 $ 55.06 +.~+++++++++++++~~+++~++++++++++++++++++++++++++++++++++++T++++~+ CAPITAL GROWTH ACCOUNT #3059980263957 STATEMENT BALANCE AS OF 1/16/99: BALANCE IN ACCOUNT AS OF 1/25/99: 1:\/IOME\CDV\DOCSIDIVORCE It:hmJn.ban $ 3,549.52 $ 3,549.52 FfP6N. Consolidated Statement 02 1000590181212 752 30 l;lflllOO9 lhru 211211999 o 0 34.n2 Custom Checking Accounl "umbor: Accounl holder(s): 1000590181212 DOROTHY L THOMAS.LEHMAN LEE G LEHMAN Account Summary Openin", balan,e 1/18 Deposits and other credits Checks Olher withdrawals and service 'ees Closing balance 2/12 52.439,10 4.98558 + ~493,29 . 3.798,39 . $1,113.00 Deposits and Other Credits Date 1/21 Amount 900.00 Description DEPOSIT MECHANICS BURG 01/21 5200 SIMPSON FERR MECHANICSBUR PA 6019F008474 DEPOSIT AUTOMATED CREDIT FIRST UNION CO CO IN CO. 10.9080300013990203 PPD MISC 247022097052421 DEPOSIT CAMP HILL 02104 1200 CAMP HILL SH CAMP HIl.L PA 1014F000056 TRNSFR 3059980263957 FIRST UNION 02/08 PHONE CONFIRMATION # TE020814025990 DEPOSIT CAMP HILL 02/11 1200 CAMP HILL SH CAMP HILL PA 1022F000952 1/28 2/03 1.200,00 212.89 2104 1.089.69 2108 500,00 2/12 1.063.00 Total 54.965.58 Checks Date Dr.'. Number Amount oo~m3 1:!!lmhf'L.. ~~_,_. _ _~ount___'p-DS:8.s! ,Numbaf Amount. DOS ad 8087 48,00 1/25 6106 80,79 1/25 6115 75.00 2/01 6089. 100,00 1/22 6107 100.00 2/03 6116 100,00 1/28 6099' 42.00 1/22 6108 51.00 1/26 6117 28.03 2/08 6100 24,91 1/20 6109 212,00 1/27 6118 117.48 2/05 6101 75.00 1/19 6110 97,72 1/27 6120' 86,87 2/08 6102 91.74 1/20 6111 26.03 2/01 6121 479,50 2/12 6103 138.86 1/20 6112 42,00 2/03 6201' 0.68 2/12 8104 159,60 1/22 6113 196.08 2/01 TOlal 52,493.29 6105 72,00 1/29 6114 48.00 2/03 · Indicates a break in chech number sequence ,~ FIRST UNION NATIONAL BANK. CAMP HILL page 2 of 6 Exhibit B '" llI: ---'---1 < V ~ 0 U III .- ... ~ llI: 0 ~ Q. en :IE'" - _:.&: 0 IV Ill:;) III llI:llI: .. <... 10 V ~ V ~ j:: '" III :IE 0 0 " ,.\ 0' '" , ~IIIIIS!IEI!I!U ~immm'5SSsm nmllllumm ii ! ,llIIm'EI!I!U nmmm,ESSSm milllllmmu - Wf. ~~!~~ f 11~~~!~ ~ · ~ ~ I' , ' "~ I ~ ~ 111rlJ IHI h: · , I J'111ji IdIJ.h ..Jg~ l J j llj~ ~',~ll H~!m~~lm: ,wI J .,WMu mus J~.~ldrll; if i"'H, In'~mmlu~HIIP 'n1WW1 ,WuUII~I"~J~l,, ~11~~J~imlJllJl,J1IJi:MimJJJJJJ! tlmm=iii~~Jlli ~IIIIIElIlml!lf 1~I'B.m,msm= ~ , "' umm ! U;;;;. i~I!!mmlZm!l m~um..m ~~ m~ ii~ I ioI. ~ ~; ~~ m~ m~ ~~ ~~~~ ""~g ~ I~ , . ~m ;';H ~~~~ B";; iE = JJIIIII~!~JJJJJJJJJJJ ! ~~ JJJJJJJJJ~~i~~! ! ~n u !!~8~8a~i~I'!!e.!nl.!e!!!I=i~lilll!e!!I.!~~~~;i~~~~a~!~ 2 Ii ........ I...... .... ;'1........ ,. ..:. .. - t-a:::)(,.>~cn I-a::::>u:.:cn \ . : B ;. ~ ..4.... . ' ~~~~fj~. ;~ ,.j. I "., ,t.. .~~~-_.~~::_ :;.-.~-=:::;:::.dQ::.A'- / I I' I , ., / , '';'' I'" Apr-01-99 lO:~2A P.Ol ,,-.-~- . PRINCIPAL LIFE INSURANCE COKPANY DES KOINES IA 50306-9~94 BENEFIT PAYMENT ACTIVITY AEPORT ". February 25, 1999 TRACY GASSAI/AY HUKAN RESOURCES VANGUARD CELLULAR 2002 PISGAH CHURCH RD STE JOO GREENSBORO NC ~7455-J314 Annuity Conlract No. (3) 14329 Location No. 2 Social Security No. 115.36.1477 Cash Relirement Benefit Check Payable 10: DOROTHY THOMAS LEHMAN Member: DOROTHY THOMAS LEHMAN Check Mailed to: DOROTHY THOMAS LEHMAN 418 PAWNEE DRIVE MECHANICSBURG. PA 17055 Check Date: 02125/99 Check Number: K 06166981 f\~9J .(A' ' '.~~:.i' "::::';:::.:~:7'~-:... ~-;~:;:;:'",:.o:""'~~,;:::?gff:-;'.:g~ ~-!fjE'5::;;gt(ffi~ft"'S':";=:;:~":;'i:~.:;,.;".:~tifgigi~r;..f:f.:f;z; ....:.-:.:;'-.:.-.:",.-:::-:;:.d!:~.!::?iA"MBl.:J.N:/:,."'";::.:;:;...;:'::!"'_-<: ",...-.:~::-.....;;;O.""';O:'; ":.f:>>.s~E'J:i19.!:!.~n....:;::;;::,,__~-;;._.__ ~~.. . ':;t::;':':':'~~f;=::-'.'-""'-"':;::~:---"~~--::7~~.'.......t:-.."-{_'~'r:':"'''''~.'~~-.~ ~-"~'.... ~ '~-"~-'-~'-...~~.r.::"'->. '~";':':::'. ........~....."::t"-=:;... Amount 01 Distribution $27,870.56 Amount 01 Distribution Taxes Withheld: Fcderallncome .fax 5.574.11 Taxable Amount $27,870.56 Check Amount $22,296.45' -.------.- . 1!'~)~ ITj W , lil~ MAR Please retain this activity roport for your recor~s. '[-'y -.. -~-'" .. _~M"_'..____.__._.... [I rvl rr,i 1'. l~: 1"1 ,j I I: ] 1999 II:;: L..J , , \ i' I l I' , [ 99 03: 16P . . , CllS'S'4 DIU- 15 Oll-NIXONI 7- 10-9' PACI 184 VANGUARD CELLULAR SYSTEM AOUC SAVINGS PLAN ANNUITY CONTRACT NUMBER (3)14329 FIA DISPLAY UF ACCUU"'I~ FOR THE PERIOD 01.01-1995 THROUGH 06-30.1995 'OOfTlFICA1lOft7:-. ,LOCi11CH, .frUlMIEIl" . /rrIU~1lA , 15361477 ,. . DATt 0' Dmtt 10-02-'9'2 " " SOCIAl, nClJlII1'TY .ru.u:.nUrLOW'O.: ,n: ':',. "'U~~Ft. " 0'-20-,99, F 1l5-~G-"77 ::.....:.moi AC II VI ....... ..... n. ... ... . ~..... ~.-. ... ... : ~ ~ ",.. ..... ...... . ... . .,. .". . "... .... ... ..._ .0' .. ,. . ." .. ..' ... .-... ACCOUNT ACTIVITY SUMMARY DALANCIl! ON 01.(n.,,,, eMPLOYE" ILreTIV! DE':ElUU.L 11.""".Ot 1",726.&4 73&.00 1..02.81 1.51.21 <tn,g. S2.,,".22 $7.1IS.14 8011~ 'OOl< St ,!lilt.GO 1',1&G.14 $'.'7%7.74 TOTAL IG.tG3.GS Conlrillu\>Otls ElltTling. BALANCE ON OG~~IItS VESTED PERCENT 2.091,151 027. II 10,50D.3G VIS11!D ACCOUNT BALANCE ACCOUNT ACTIVITY BY INVESTMENT CONTRACT INVESTMENTS GUARANTEED INTEREST ACCOUNTS I!:MPLOYfR EL.ECTJliE DEFERRAL GUARANTEED INTEREST ACCOUNT ( ~ TEAR) MATURES 12-31.1995 Interest Rate 5.4510 5.45~ BALANCE ON 0"0""95 $111.30 5716.0' Earnings 3.23 19.35 DALANCE ON 08.30.1995 $122.G3 $73&.36 TOTAL S835.:11 22.58 saG7.U r :'IREM.IN; ," 'TERMtHAnOH :SDIV1CE,DATE..,; :"...,:,:, 'PA,T, .."....:.:.: ,'~ I."""',.,"""",.,' . '_VE'Slto ACCOUNT .~',:;.:.;'.YA1.UE : . . '$8':721:--;'4 UFEIHSU'n4NCt... ...DA1EfIRST ~" > f'ACE,~~~~:-:X:: ,:::.~,VALue:,:,;: ~:":".~:'~~~Jl;l). ':; '~:;';~;:iMP,~9g~. VALue; OF ACCOUNTS $2.... laROSS CON(Aloun,g:NS '\~' ;;]~'::E .:d5 :X~~ ~ .... . -. ... ....5. 115361477 13)14329 P.Ol' (' r.~f . 401-K and CHECKING ACCOUNT HISTORY " 03/04/99 DEPOSIT $ 22,296.45 1401K mOllcy) 03/05/99 TRANSFER to 88vlng8 .3059980363957 ( 20.000.00) $ 2,296.45 03/08/99 TRANSFER from .aving. 13059980263957 + 10.000.00 $ 12,296.45 03/08/99 CHECK #6212 to L&M Heating - 11.000.00 401-K MONEY REMAINING IN CHECKING ACCT. $ 1,296.45 401-K and SAVINGS ACCOUNT HISTORY 03/05/99 03/08/99 TRANSFER from checking TRANSFER to checking $ 20,000.00 (40lK mOlley' - 10.000.00 401-K MONEY REMAINING IN SAVINGS ACCT: $ 10,000.00 ~N. : <;:on:lidated Statement . 02 1000590101212 762 30 -~. . l1J13l1999 thru 3111Sl1900 o 110 :H,213 Custom Checking 1000590101212 DOROTHY L THOMAS-LEHMAN LEE G LEHMAN Account Summary OI>enlna balance 2/13 DoDOSlls and olher credlll Checks Other wllhdrawals and service fees Clo.lug balauce 3/15 $1,113.00 38,970.27 + 12.457.95 . 24,265.97 - $3,359.35 Deposits and Other Credits Amount 500.00 DescrlpNon TRNSFR 3059960263957 FIRST UNION 02/17 PHONE CONFIRMATION I TE021710181190 DEPOSIT MECHANICSBURG 02/18 5200 SIMPSON FERR MECHANICSBUR PA 1022F002233 DEPOSIT MECHANICSBURG 02125 5200 SIMPSON FERR MECHANICSBUR PA 1022F003168 AUTOMATED CREOIT FIRST UNION CD CD IN CO. 10. 9060300013 990303 PPD Mise 247022097052421 DEPOSIT MECHANICSBURG 03104 5200 SIMPSON FERR MECHANICSBUR PA 1022F004124 DEPOSIT CAMP HILL 03103 1200 CAMP HILL SH CAMP HILL PA 1022F004095 TRNSFR 3059960263957 FIRST UNION 03108 PHONE CONFIRMATION 1/ TE030811071090 DEPOSIT MECHANICSBURG 03/11 5200 SIMPSON FERR MECHANICS BUR PA 1022F005066 2,058.18 1,113.40 192.24 900.00 22,296.45 10,000.00 1,910.00 $38.970.27 Amount Dr.to Amount Drote Number Amount DD~rJ3 DOS eo Number DOS d 6119 100.00 2/18 6207 100.00 3/02 6213 357.66 3/11 6202. 7.67 2/19 6206 26.04 2/26 6214 162.46 3/08 6203 58.98 2/17 6209 92.65 3102 6215 114.66 3/06 6204 15.00 2/17 6210 26.73 3104 6216 10.90 3/08 6205 29.99 2/17 6211 100.00 3/02 6217 100.00 3110 f!206 31.65 2/16 6212 11,000.00 3109 6218 18,00 3/15 "/nd/cales a break in chock number sequence Chechs conflnued on nexl page ,~ FIRST UNION NATIONAL BANK, CAMP HILL pago 2 01 7 f"~N~ Consolidated Statement . . . 04 1000590181212 752 30 . 211311099" thru 311511999 o 110 34.215 Custom Checking Other Withdrawals and Service I,'ees conllnued Dale Amoon, Da.Ct/pllon :we 84.80 PURCHASE GIANT '059 03106 6520 CARLISLE PlK MECHANICSBUR PA 1022M003736 PURCHASE GIANT '059 03109 6520 CARLISLE PIK MECHANICSBUR PA 1022M003953 PURCHASE 6520 CARLISLE 03109 6520 CARLISLE PIK MECHANICSBUR PA 1022M051009 WITHDRAWAL MECHANICSBURG 03109 5200 SIMPSON FERR MECHANICSBUR PA l022FOO4664 WITHDRAWAL MECHANICSBURG 0311 I 5200 SIMPSON FERR MECHANICSBUR PA l022Foo5067 PURCHASE IMPRESSIONS BY ELI 03110 4626620993161 CAMPHILL PA 1022'000151 3109 9.26 3109 19.06 3110 50.00 3111 200.00 3112 46.76 ToI.1 524.256.97 ...... '"' AFTER MARCH IS, YOUR CORESTATES DEBIT CARD WILL BE AUTOMATICALLY DEACTIVATED. IF YOU CURRENTLY DO NOT HAVE A FIRST UNION CHECKCARD OR 24-HOUR BANKING CARD, PLEASE REQUEST ONE IMMEDIATELY. ACTIVATE AND USE YOUR NEW CARD UPON RECEIVING IT. PLEASE DISREGARD THIS MESSAGE IF YOU ARE ENJOYING YOUR FIRST UNION DEBIT CARD ALREADY. Capital Growth Account Accounl number: Accounl holder(s): Account Summary Openino balance 2/13 Inleresl paid elo.lng balance 3/15 3059980120641 DOROTHY L THOMAS. LEHMAN LEE G LEHMAN $55.06 0.09 + $55.15 Deposits and Other Credits D.'. 3115 Tol., Amount Description 0.09 INTEREST FROM 0211311999 THROUGH 0311511999 $0.09 ~ FIRST UNION NATIONAL BANK, CAMP HILL pago 4 01 7 - 1000590161212 752 30 . 211311999 thru 311511999 o 110 34,216 -- O. - Capital Growth Account Interest Number of daya lhls statement period Annual percenlege yield earnod Intllfesl earned lfils stalement period Inlllfast peld this slalemenl period Inleresl paid lhls year 31 1.94% $0.09 $0.09 $0.26 Capital Growth Account 3059980263957 DOROTHY L THOMAS-LEHMAN LEE G LEHMAN Account Summary Openlno balance 2/13 Deposits and olher credits Inlerast paid Olher wllhdrawals and service fees Closing balauce 3/15 $3,054.79 22,460.48 , 16.87' 10,509.00 - $15,033.94 Deposits !Iud Other Credits DOlO Amount Description 2/17 900.09 DEPOSIT 2/18 550.48 TRNSFR 1000590161212 FIRST UNION 02/18 PHONE CONFIRMATION # TE021811173990 500.00 TRNSFR 1000590161212 FIRST UNION 02122 PHONE CONFIRMATION # TE022213282990 510.00 DEPOSIT 20,000.00 TRNSFR 1000590181212 FIRST UNION 03105 PHONE CONFIRMATION # TE030510175290 INTEREST FROM 02/13/1999 THROUGH 03/1511999 I j 3/15 I Tolal i i i Interest I j Number of days Ihls slatement period j Annual percenta e yield earned Inleresl earned 1~ls slatement period j Inlerest paid Ihls slalomenl period Inlerest paid 1I11s year 18.67 $22,479.16 31 2.45% S18.67 S18.07 S29.86 ,~ FIRST UNION NATIONAL BANK 0 CAMP HILL page 5 of 7 Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H VI 0: s:: o<S; Ql 1:) V () t- .- '- 0: ~ .... 0 '- Ql 0 ~ l1. UJ 8, ~ ~VI - N I~ 0 I III s:: V UI Z Ill::! '" 0:0: ... ::> ~ o<S;t- co ~ .... V Ql ... V >- 0 c:s 0 !;; I'- N ~ ... 2: <.0 0 Q <( o << Z E o L. u.. C o o C.I) m .f: E 3 -. . CI) <1::2 . :;) C!(,I) <1:_ .. a Z :;) CI)-a ..c -- ... VI ~ -0 L. c: 0 0= o ~-o c:1! => 0 o Q) >..0). <Il 0 >- QJ-:C > c: _ 0_ QJ c: OJ ~ 0 Q) Q) E E c-.- => c:-'l - '--0 ~~ 2 >..00 -0=>-0 c::2 c- o '" => ...cQ)- L. 0 Q)-O E c: Q) L. O:;-E o,t => '" :2 => "'-0 Q) c: L. ._ Q) Q) vi C:...c Q) o - => Q) EO '=:0> L. Q) o-"'u - .- - ...c >.. -0 Q) 0$> -Oc:-O .2 Q) => '" Q) 0 => .,f! >".5 b Q) L... '" -0 Q) -'l ._ -0 =>=>0 V) 0) ..$ >- o "tJ o ... c( C'4 (') C'4 \() . q- q- III . o o OQ . ... - - o v Exhibit I '.. ....... -." ':\ ., Exhibit J G> ~ ~ <4~ IQ CP ~ "f'" o ~~ ~ ..".. '3 ;- ~\"'" ~ ~ ~ (t) '0' ~"f'" ~ ~ i ~ "'4- 1 III . tl a9.~ '::;l~~ CJ;.; ~ \. ~ '::;l ~ , ' ..-.....' -, ..,. \.:.\ Exhibit K Exhibit L Exhibit M ... .,,0 " ", " " " .~ VJ 0.: .0:.... r.lZ ..:I": . ll<> Z C<. ~-I ~ ..:I ..: :.. z z>< :<: .... ..: ou) :Cc-. 0 ~ -Z ;'IZ Z :E:ZO'\ ..:I.... ~ .... O~'" ~ I ..: C<. Cl: -<l U~'" ..: rJ'l..:l ~ Eo< .... ..:I o.:ll< 0 I ~t C<. . :;: gj 0 '..:1 I 0 . 0.... :c z ~ ~ ~ u> z Eo< <I; . Cl: H 0 :z tIl OOUr.lH . :c ~ OZ UEo< ..:I ~ r..c-. J Uf.t.qoCt:U ..:I r..:z: '<"'00.: >< H;'I r.lO::....> :c ~ffi :I:~.-fH ..:I ~ e" ~<ll 0 H 0 ~~ :<: . > Cl: . ~ ::1;:; :z::>0:z H 0 Ul ~ .-j U Z.-t U Cl > .:l ~ ~~ . , WMKI"'Ao-f;;I'O"lIfGIL\l'~IIl..i,o -.. Cfl"'ltO~ O:)"'lcl.!n$ l'rOJll1'f1S'''' " . , . . -. ~ . ',.' "'..... 4. EXHIBITS. a) Inventory & Appraisement; b) Income & Expense Statement; c) Statements showing value of all bank accounts; d) Statements showing value of 401-K; e) Appraisal of real estate; f) Business valuation Report; and g) NADA statements showing the values of the vehicles; h) Personal property appraisals, if necessary; and i) Statements showing mortgage balances. 5. INCOME. See the Income and Expense Statement filed simultaneously herewith. 6. EXPENSES. See the Income and Expense Statement filed simultaneously herewith. 7. RETIREMENT BENEFITS. None exist for Plaintiff, as she was forced to cash in her 401-K in February, 1999. It is unknown whether Defendant has any retirement and/or pension accounts. 8. COUNSEL FEES. An updated billing will be provided prior to the Master's Hearing. 9. DISPUTES. The disputes of the parties are anticipated as follows: (a) Value and existence of all marital property; 2 ... ;...;) ,,' r.: .... Vl ~:> :.:I...:l Z ...:l>< Z < a..Vl z < ~ Z < 0:1 Z ~ ZZ ~ CO :I: 0 OiLI - Z :<l (:l ~a.. iLl 0:1 ...:l . "" ...:l c.. , 0 O. ...:l ,"- E-t X Vl :.J>< H Vl"- Z iLl -< 'l:l >< E-t > <H < Z iLl "-Z .... ~8 0 0 0 ~ ...:l 0::> :.J oz .z Z"-:I: t:: 0 :I:H ZiLI .::: :) ~ E-tU ... E-t< <"- :Jl I>: '" ...:l ZiLI 0:1 >< ::>0 r-- .c.. :I: 0 Z :I: ~ OZ -I ...:l Vl iLl 0 '" 1 z :.J"; I > ...:l U 0 ...:l '" >< Z 0:: 0:1 0:11>: '" :I: H 0 ~ ...:l :I: iLl E-t (:l 0 0 ~co 0 :I: - I>: 0:1 U A z::> 0 0 0:1 H HU Z 0 ...:l Z ~/I?/.ooTC DO!lOTHY L. 'I'HO~I,\S LI-:II~IAN: IN Till-: COlIH'I' OF C()~IMON PLI-:AS OF Plaintiff : CU!\IBI-:HI..\ND COUNTY. PENNSYLVANIA v. NO. !J!J.17!J,1 CIVIL TEH~I LEE GLENN LEH~IAN Defendant IN lllVOIWE TNVRN'I'()RY ANn PRF._'I'RTAT. ~'I'A'I'RMF.N'I' DE T.F.F. r.T.F.NN T.F.HMAN, nF.FF.NnAN'I' Pursuant to Rule 1!l20.33 (a) and (b) of the Pennsylvania Rules of Civil Procedure, Defendant files the following inventory of all property owned 01' possessed by either party at the time this action was commenced, at the time of separation, and all property transferred within the preceding three years. Additionally. Defendant files the following Pl'e-hearing statement. This is a very short-term marriage. The parties were married May 27, 1995 and they separated on 01' about January 25, 1999. The divorce complaint was filed by Wife on March 26, 199!l. There were no children born of this marriage. The primary assets to be rcsolved are thc marital home, which was Wife's before the marriage and then transfel'l'ed into joint ownership, and Husband's business, L&M Heating and Ail' Conditioning. which was Husband's beforc the marriage and then transferred into joint ownership. Husband was bom October 1, 1950 and is self employed with the business descl'lbed above. The net profit of this business is considered for tax purposes to be approximately $50.000. although Husband's income is actually less, allowing for the .' ,. ..., difference between the IIctulIl indl'btedness of the husiness, liS opposed to the allownhle expenses and deprecilltion provided for in the tax return. Wife WIIS horn Octoher 2. 1!J.12 IInd her Clll'l'I'nl l!mplo~'ment is unknown. In tho recont pllst shl' hilS been Iln nward.winninl: salesperson with Cellular.One tolophone IInd it is bolieved that she is ngllin involved in sales. Defendant mllrks on the list helow those items applicnble to the case at bar and itemizes the assets below. (x) 1. Real property (x) 2. Motor vehicles ( ) 3. Stocks, bonds, securities and options (x) 4. Certificates of deposit (x) 5. Checking accounts, cash (x) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts () 9. Life insumnce policies (indicate face value, cash surrender value and clll'rent beneficiaries) () 10, Annuities () 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties (x) 14. Personal property outside the home (x) 15. Businesses (list all owners including percentage of ownership, and officer/director positions held by a party with company) (x) 16. Employment termination benefits - severance pay, wOl'ker's compensation claim/award ( ) 17. Profit sharing plans (x) 18. Pension plans (indicate employee contl'ibution and date plan vests) (x) 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits (x) 24. Debts due, including loans, mortgages held (x) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute () 26. Other: Value of education received during the marriage 7, .' .. ~. MARI'!'AI. PI?OPIW'I'Y Defendant lists ull proplH.ty in which either or hoth spouses hud a le~al or equitahle interest individuully or with any other person us of I, he dute this action was commenced: 1. Interest in the residence located at 418 Pawnee Drive, Mechanicsburg, Cumberland County, Pennsylvaniu. 2. Interest in the business known as L&M Heating and Air Conditioning. 2. 1997 Chevrolet S-lO Pickup truck, having a value of $12,500 and an indebtedness of $12,542. 3. 1996 Riviel'll automobile, having a value of $18,000 and no indebtedness. 3. Two savings uccounts with balances on March 13, 1999 of approximately $55.00 and $15,033.00. 4. One checking account with a balance of approximately $3,378 as of March 13, 1999. 5. One certificate of deposit in the approximate amount of $40,000. Kl("PRR'!'f:: The Defendant does not anticipate that expert testimony will be needed in this case, unless the value of the business or real estate become issues. Husband contends that there is no value to this business; it is reliant upon his hard work and personal good will. ,1 .' " ~. '. WTTN~~~R~ " The Defendant anticipates his own testimony. Other witnesses will include a representp.tive from Jeff Cohick and Associates, the accountant for the L&M business. If fault is to be an issue considered in this case, various family members and friends will need to be called as witnesses. GRO~~ Tl\I~nMR Husband's taxable income from the business is approximately $50,000 per year. As stated, this inflates his true earnings since accounting requirements amortize and depreciate loans and property that are actually paid 011 a more aggressive schedule. His true earnings are substantially less. Wife's earnings are believed to be approximately $50,000, based upon prior earning capacity. n'T'HRR RVTnRl\I~R Husband attaches to this pleading various documents he intends to present into evidence in connection with this case. PRnpn~Rn RR~nT .TT'T'Tnl\l Wife shall maintain full ownership of the marital residence. Husband shall maintain full ownership of the L&M Heating and Ail' Conditioning business. Each shall be responsible for any debt now in his or her name. Wife shall be responsible for any debt secured by the marital residence. Husband shall be responsible for any debt of the business. All personal property is to be retained by the person currently 4 .' . -. .: in possession of the property. No alimony is appropriate in this short-term marriage. ;, Date: 6 (l~tCb Respectfully submitted, "c" ,~ ..<?-:h LP~;:i;:?; ,// t;J:?~(:;-- BY: 'Samuel W. Milkes, Esq. JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 30130 " 4 .. ~ 64.11 feet to a point at Lot No.1, Plan No.1; thence by .ame North 72 degree. 29' 45" We.t a dUtance of 116.36 feet to a point on the Ecut .ide of Pawnee Drive; thence by .ame and a curve to the left IuJving a radiw of 920 feet an arc length of 83 feet to a point, the place of BEGINNING. HA VING THEREON ERECTED a bi-level dwelling Iwwe. BEING the .ame prernile. which RONALD E. THOMAS and DOROTHY L. THOMAS, hwband and wife, by their deed dated April 6, 1988, and recorded in the Office of the Recorder of Deed. in and for Cumberland County, Pennsylvania, in Deed Book "G", Volume 33, Page 801, granted and conveyed unto DOROTHY L. THOMAS, a single person, Grantor herein. AND the said Grantor does hereby covenant and agree tlmt she will warrant specially the property hereby conveyed. THIS CONVEYANCE IS EXCLUDED FROM TAXATION BECAUSE THE PROPERTY CONVEYANCE IS A TRANSFER BETWEEN WIFE AND HUSBAND. IN WITNESS WHEREOF, said Grantor IuJs hereunto set her IuJnd and seal the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE ENCE OF ~~ /~~aJ DOROT L. THOMAS ~L.~~H~ . .' ,. -, COMMONWEALTH OF PENNSYLVANIA . . : SS : COUNTY OF CUMBERlAND : On this, the Jt1!aay of A.D. 1995, before me appeared DOROTHY L. THO allo known as DOROTHY L. THOMAS LEHMAN, known to me, (or satu actorily proven) to be the peNon whose name iI subscribed to the within irutrument, and acknowledged that she ezecuted the same for the purpo,es therein contained. IN WITNESS WHEREOF, I hereunto ,et my hand and official seal. ,- p./lOlfBlAl SfAl I~~ NOTARY PIJ1IlJC ISlE 801'.0. CUIdBalLAND CD. III MMISSION EXPIRES HOVElASEil. l. 1997 I HEREBY CERTIFY, that the precile re,idence and complete poll office addre" of the within Grantee, are: 418 Pawnee Drive Mechanicsburg, PA 17055 TRANSFER OF BUSINESS INTERESTS LEE GLENN LEHMAN, Transferor heroin, currently residing at 418 Pawnee Drive, Mechanicsburg, Pennsylvania, 17055, and DOROTHY THOMAS LEHMAN, Transferee herein, currently residing at 418 Pawnee Drive, Mechanicsburg, Pennsylvania, 17055, hereby agree as follows: WHEREAS, the parties are husband and wife, having been married on the 27th day of May, 1995; and WHEREAS, LEE GLENN LEHMAN is currently the sole owner of a business known as L & M Heating And Air Conditioning, located in Carlisle, Pennsylvania; and WHEREAS, since the date of marriage, DOROTHY THOMAS LEHMAN has conveyed title to real property previously in her own name, into the names of Transferor and Transferee; and WHEREAS, the parties herein desire that ownership of the business, L & M Heating And Air Conditioning be considered jointly owned by the parties; and WHEREAS, the business L & M Heating And Air Conditioning is not a corporation or partnership registered with the Pennsylvania Department of State; and WHEREAS, the parties hereto have been advised of the legal considerations involved in this transfer and their options regarding joint ownership versus incorporation, NOW, THEREFORE, BE IT RESOLVED that effective the date of this Agreement, all ownership interests in the business entitled L & M Heating And . above address, the following items: the fax machine located at the home (which shall be eppraised at current value), the Defendant's birth certificate and passport, the title to the 1995 Box Van, and the brackat to the John Deere tractor. 4. Within sixty days of the signing of this Stipulation, the Parties shall exchange, through their attorneys, any and all records they have of all bank accounts, certificates of deposit, retirement or savings accounts, or financial investments currently held or held at the date of the marriage by either party, individUally, or jointly with each other or any other persons. These records to be exchanged shall include the entire records dating from the date of marriage, May 27, 1995, and shall also include business records of L&M Heating and Air Conditioning, as well as retirement records of Dorothy Lehman, in relationship to her employment with Cellular One. They shall further include the ta.,,< returns frIed by the parties during the entire time of the marriage, which currently are in the possession of Lee Lehman. 5. Each party shall be solely responsible for any bill or debt incurred by that party after separation. 6. The parties shall sign the joint tax returns, which have been prepared by the accounting firm of Cohick & Associates, and which have previously been circulated to counsel for both parties. " " 7. Each party shoJI Ri({11 appropriate authorizations so that their reRpective accountontR may communicate with onu another about the financial affairs and records of the parties, including the business of L&M Heating and All' Conditioning. 8. Husband agrees to sign a separate Indemnification Agreement, to be reviewed and approved by counsel for both parties, clarifying that in connection with the signing of the tax returns, Husband assumes responsibility for the accuracy of information regarding, and the lawful conduct of the business L&M Heating and Air Conditioning. 9. Husband shall pay the taxes due and owing in connection with the filing of the federal and state joint tax returns for 1998. Ultimately, the parties shall be responsible for payment of these taxes, in connection with any Marital Property Settlement or Order in the same amount each party would have paid, had that party fIled separately, in a return property completed, using generally accepted accounting or customary principles and practices. lC. Wife shall transfer to Husband's full ownership of the 1997 Chevrolet SolO pickup truck currently titled in the name of both parties. This shall be considered Husband's sole property and Husband shall maintain insurance and registration on this vehicle. Fotm 0.. IINI IR. ~ label. . Othor- ~ -. pie. ~ prtnl . or typ... PrelldonS.1 EloeSon Comp,'on Filing StatUI Check only one box. 'lieplllmlini ollho r......'Y -- Intomll Rewr.l. ServIce U.S. Indlvld I Income Tax Return ,., the ,... "".. 100.., ", I....., 1'"If'" ,... .''-''11I, LEE G. LEitMAN DOROTHY THOMI\S LEHMAN 418 PAWNEEE DRIVE MECHANICSBURG, PA 17055-2580 00 you wlllt 13 10 go 10 Ihlo IIlnd1 . It. Inl return, doe. ur OU" wanl $3 10 0 to thll fund?, . Slngto X Mon1od Nlng Jolnl rlllJrn (_n n only ono hid Incrmo) U"'..llI fj!HI. ""'It. "!v'II, ElIt... "'II..'.ISN .~.".. fila III'" h.,.... . . . , , , , , , , , , , 187-44-9552 .pou.... _101_""", no. 11 - 77 . V'1l mUI' 1I1I1t, uw IIM.t. . V.. No NOlI: ChoclUng X "YII' WI! nol chang. rour ID or X ,oduca r refund, H.1d 01 houllhold (with quAlifying p....n). (S.. poge 18.) "quAlit(lng p....n 10 . chid but not your dopondonl, enler chid', name here. .. Oual widow(er with d endent child (, 00" dlecU..,g ). (See . e 18,) X Yourself. It your plrenl (or IOmoone el..) can clam you u a dependenr on hCs or her } Nil," ~Il" llX rD1urn, do nol check boxell,. ,....,........................... ;::~':b'lI ~ b X spou.......,.....,......,..".".,.".,..,..,........,.,........... N...f,.Il, C Dopond.nll:" more Ihon.1x dopondonlB,." PI0019. (2)Oopondonr. rel.:;g~~h~ Wi I 8~1'I:~':; ::~.:~" 1)Fhtname Laatname SOClaJl~Clntlynumbor you ,.e.p.':'MI1 ~~vadWllh Idldll.III". W.'hrollduI I. dlyarel o,..,waU," 1""''''''1 Exemptlonl 5 6a a,p.lId.lIb '" '0 1I0t .1Il.tedlb.". AddnUllb'fI d Total number at exem dons claimed..... .... ....... .. .......... , ,.... . '" . . . . . .., . ........ . ........... :::~'::,lt,,~ .. 7 Wag.., "WI.., tip.. Ite. AttaCh Fo',..I.) W-2 Incoma AlIIch Copy B 01 your Form. W-2, W-2G, .nd 1099-R ho,.. If you did not gOI a W-2. see pe.ge 20. Enclose, but do !!2! staple, any payment Also, plesse use Fonn 1040-V. Adjusted Gross Income "lIno 33 I. und.r 130,095 Cund.r $10,030" a child did nOlllv. with you), ... EIC Inst on page 36. 8a TlXlblolnlerest. Allach Sch.dulo B n r.qulred. . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . b Tax-oxomptlnlerest. 00 NOT Includ. on IIno 8a . . . . . . . . 8b 9 OrdlnarydMd.nd..AttachSCh.dul.Sffr.qUb'.d................................. 10 Taxable r.fund., cr.dlts, oroff..1e ofSUlle ond locsl Income lax.. C... page 21) ..... ... 11 Alimony roc.lv.d....................... . .... .......... . .. . ............. ... 12 Su.ln... Incom. or CloS8). Attach Sch.dul. Cor C-EZ.. ........................... 13 CaphslgslnorClo..).AttachSCh.dUI.O........................................ 14 Oth.rgsln. or (10"'.). Attach Fonn 4797. ...................................... 158 TOlaJIRAdlstrfbuUons.. ~ Ib Tax8ble amounl f... Pili' 22) . 16a Toblp.n.lonundlllnuitJ... ~ b Taxable amountf",plg.Z2). 17 Rental real estate, royatd89, partnershIps, S corporations, trusts, elc. Attach Schedule E . .. 18 Farm Income or (loss). Attach SchAdule F. ....,...................,............. 19 UnempIOymentcompensatfon.......,.,...,......,..,..".....,.....,..,..... 20a Social security beneflts . 120a I I b Taxable amounl (III p.g. 2.' . 21 Other Income. 22 Add the amounts In the tar right column tor lines 71hrough 21. This Is our total Income .. 23 IRA d.ductlon C.ee page 25).. .. .. .. . .. .. . . .. .. . .. .. 23 24 SbJd.nlloon Inl.rest d.ductlon (see page 27). . . . . . . . . . . 24 25 MedIcal savings account deduction. Attach Form 8853 . , . . 25 26 Moving expenses. Attach Form 3903, ..........,....,. 26 27 On.-hslf of ..II-employm.nllax. Attach Sch.dul. SE . . . . 27 28 S.ff-.mployed h.slth In.uranc. d.ductlon C... page 28). . 28 29 Ksogh and ..If-.mploy.d SEP and SIMPLE plan. . . . . . . . 29 30 P.nslty on .srly withdrawal of ..vlng... .. .. .. .. .. . . . .. 30 31a AI(,"onypaid. b Rlcipllnf.SSN .. 318 3 791. 1,666. 17 562. 5 859. 9 10 11 12 13 14 15b 16b 17 18 19 20b 21 22 124. 53 651. 77 196. 32 Add IIn.. 23 lhrough 31.. ................................................... 32 33 Subtr8C1llne 32 from line 22, This Is your adJusted gross Income, . . . . . . . . . . . , . . , . . .. 33 For DIsclosure, Privacy Act., and Paperwork ReducUon Act NoUce, see page 51. Preparers EdiUon CAA 8 104012 NTF 17022 5 457. 71 739. Fonn 1040 (1898) .' . LEE G. , DOROTHY T"OMA9 LEnMAN P aual 197-44-9552 Drm 10<&0 (, POD. 2 TIX Ind 34 Amount ~om Ilno 33 (ldlull.d \10.'_1 o 'POU~I wo. o~ 01 01011.0 Blind . L 34 71 73G. Crldltl 351 ChlcleW. 0 You Will as/oldor. 0 Olind. ':1 Add Chi numb. 01 bo... Cnea.'d above and In,. lhe 10111,... .. 35. b II you III mllrlld IlIlng lepllll4ly ond your OPOUH ,,",",II' doduCllOn. or you :;/: " I"ndl,d wer. . duaI",'atu. aI"n. ... P~' 2Q and Check here .. .,. .. 35b 0 .... DodUCllon 38 Entellh. Ilrg.r of YOU' lI.mlll d.ducllona from Schedull A, Uno 211. on atandard forMal! - d.ductlon ~hown on lhl I.ft But ,.. PIO' 30 to find your 'l.ndln:t d.ducUon II you Plopl. chockod Inr bOil on Iln, 3~. or J5b 0' Illomoon. cln cl,m you '1 . dependent. . . , . , . . , , . 38 11 096 Slngll: 37 S"blllClllnl 30 "om line 34. , .", .." .", ........, ........... 37 60 653. 14.= 38 It line 341, tlJ3,400 Of I..., mulllpl'f $2,700 bV Ihl IOlal numb., ol..ampUon, cl.med on Hlld 01 IIn. ed. If Un, 34 I, over Sn.4oo, "'lhe wOIklhe'1 on Pig. 30 fOl the amounllo ,nler . . . . . . -3"if 5 400. hoUHhold: 39 TUlblllncoml. SubU1C1 unl 3a &om Uno 37. III1nI 381. mol"th"~["" 37. Inllr -0- . . . . . . . 39 55 253. S8,2~ 40 Tu. S.I p.gl 30. ChocU ony Iu ~orn I 0 Forml'I8814 b Form 4912 . . . . . . . . ~ 40 9.972. Monlld 41 Ctedh lor chid & dependent CII" ..p.n.... Anach Form 2441. 41 tR IIIIng 42 Cntdll for the eldlfty or Ihe disabled. Anach Schedule R. . . . . . 42 ~"J' jolnlly or 43 ChUd I'" <redn (.el plOI 31) .... . ... . .. . . .. . . ..... .... 43 ,'4' ).~ OUaJlfyl~ '\1 : 44 Educallon crldlts, Anlch Form 80tl3 , . . . . . , . . . 44 :' ~ wktow(er : ......."" .,;'" $7.100 45 Adopllon crodit. Anach Form 8839, . .... , . . . , . . . . . ... .., , 45 \-~;; Montod Nino 48 Fore)gn lax credit. AtlachForm 111l5Jlraqulred...,......... 46 ,:a:'J lepllatlly: 47 Other. Chick tf from a 8 Form :1800 bO Form 83915 l~\\'~ S3.S~. cO Form 8801 "lOt. d Form 47 ~ 48 Add Iln8, 411hrough 47. Thesl are your 10111 credn..... . ... .. . . . . . . ... . ... ..... . . ... 48 49 Subtrac11lne48lrom IIn8 40. lIlIne 4811morelhan line 40. onler -0-................... ~ 49 9 972. Other 50 Sell-omploymenllu. Anech Schedule SE. " . . . .. . . .... . .... . . . . . . . . .. .. . ....... . .. 50 7 58l. Taxes 51 A1ternaUve mInimum lax. An8Ch Form 6251 .. . .. .. . . .... ,.... . . . . .. . .. . .. . ........ .. 51 52 Social security and Medicate lax on tip Income nol reponed to employer. Allach Form 4137 . . . 52 53 Tax on IRAs, other relIremenl plans. and MSAs. Attach Form 532911 required. . . . . . . . . . . . . . . 53 54 Advance earned Income credit payments tram Formes) W-2. , .. .. ... . . . ... . . , ... . .. . . " 54 55 Household employmenltaxes. Attach Schedule H.. . .. ... " .... .. . . . ... . . .. ... . .. .... 55 "'~ 56 Add lines 491hrough 55. ThIs ls your tolallax. .. . . .. .... ..., .,. .. . .. ., ... ..... .... .. 56 17 553. Payments 57 Federal Income lax withheld tram Forms W-2 and 1099 ... ... 57 2 720. ....~./';: 58 1998 estimated lax payments & amt applied from 1997 return . 58 11 709. i i.;\ .~~ , :~:~ 59a Earned Income credlL An.lch Sch. fie II YlIU hay. a qualifying child. , ~.:ilk "~WJ;i b NlIntanbl. urn.d Incllr..: .mllunt .. I I .:H-~ rH1 Anach "ndlyp." NO 59a '!i-;,',': ;.", Forms W-2 60 Addlllonal child lax credit Attach Form 8812 . . . . . . . . . . . . . . . 60 ~h~ end W-2G on page one. 61 Amount pald wilh Form 48811 (request for extensIon). . . . . . . . . 61 ."..... Also anach 62 Excess social security and RATA tax withheld (see page 43). . . 62 ,.>f;:"i Form 1099-R 63 Olher payments. Check If from a 0 FlIlrII 2"3' bD FlItm"13G. 63 ili2! If tax was :""j withheld. 64 Add lines 57, 58, 59a. and 60 Ihrough 63. These are your total payments. . . . . . . . . . . . . .. .. 64 14 429. Refund 65 If line 64 Is more than line 56, subtraclllne 56 from line 64. This Is the amount you OVERPAID. 65 Have II directly 66a Amounl 01 line esyou wanl REFUNDED TO YOU .......... .:.r;:......... n.:'...... ~ 66a depos"edl ~ b Roullng no. I I ~ C Typ.: Ch.cklng Sevlngs ":r.:" !~1",1t" See page 44 .. d Accounl no r I '~' end flllln oeb, . d~"~~ 86C and B8d. 67 Amounl 01 line es you wanl APPLIED TO 1999 EST. TAX. .. ~ I 67-r j~~;"f; Amount 68 If line 56 Is more than line 64, subtract line 64 from line 56. this Is the AMOUNT YOU OWE. ""- You Owe For details on how 10 pay. see page 44 , . . . . . . . . . . . . . . . . . : '1' . . ; i . . . . . . . , . . . . . . . " ~ 68 3 124. 69 Esllmated lax penalty. Also Include on line 68 . . . . . . . . . . . . . . 69 .llVfi .,' '.;' I.' .. ... SIgn Here Joint Return? See page 1!!: Keep a copy lor your records. ~ sPous.'..lgnllur..II..joinlr.lurn, EJOTH mUllion. Under penallles of perlurv I declare that I have examIned this relurn and accompanying schedules and statements, and to the best ul my knowledge and belief, they are true, correcl, and complelo. Declaration of preparer (other than taxpayer) is based on all lnformalfon of which preparer has any knowledge. Your signature Date Your occupallon Daytime telephone ELF EMPLOYED number (opllonal) Spouse's occupation OMEMAKER Dale Paid Preparer's Use Only Preparer's'" signalure r 03 Firm's name (Dr yourslL COHICK & ASSOCIATES Ils.ll-employed) r390 ALEXANDER SPRING and addr.ss CARLISLE PA 12 NT:" 17023 ROAD Check II self-employed EIN ZIP code 17013-9129 reparers Preparer's social security no. 199-38-8376 23-2300310 CAA 8 104 1110n SCHI!DULE! A (Form 10401 , Schedule A -- itemized Deductions 0...,....1., ,... fru."" ..........".....1.."... 1"1 .. AnKh 10 Porm 10<<0. .. 801 Inl..UCllonl'o< Ichldull A IPo<m 10<<01. Nomollll_ on F.... 10<<0 LE2 G 'DOROTHY THOMAS LEHMAN C.utlon: 00 nolinclude ,xpln... relmbUf..d or p Itd bV othe,.. 1 Mldlclllnddlnllll.plnl.. Statament Attached 2 En" lIllOunl ~om Form '0<<0. Unl 34 ..-r 2 I 71 739. 3 Mulllply IIno 2 lbOYI by 7.5% (.075) .. . .. . .. .. . . .. . . .. . .. .. . . . 4 SUbtract 11n13 from Une 1. If line 3 is morelhan line t. onlOf .0.. . . . . TIXII You 5 51111 end Iocollncomo lUll. . . .. . .. .. . .. .. - . . . . . . . . .. .. .. . . Plld 8 R"oI"II"'" lUll (,"" plgI A-2) -....... .. .. . . . . .. .. . .. .. . . . M.dlcll and DanIel I!xpanl8ll (511 P"O' A-2.) Inleraal You Peld (500 PIQI A-3.) Nolo: Personal Inlereltls 001 deductible. Gifts to Charity 1 3 046, , t". ':""1 5 380. ." ,..,....,...." ...,. .....4.. 2 810. '!JT.' ~fi~ 8 1718,.t;; 1'... 7 PmonIJ property 1bll. . . . . . .. . . . .. .. . . . , , . , " . . . .. . . , .. . , 7 :.:-3:\ 8 0111<< lull... J.r.~'. PERSONAL/OCCUPATIONAL 601, -0' 601. "lit 9 Add Unel 5 Itvouah 8 .. . . . . .. . .. .. .. . .. .. . . .. . . . .. .. .. .. . . .. . .. .. . . . . - . . .. . .. . - . 9 10 Homo mortgago InterMI end points reported 10 you on Form 1098 .. 10 3 . 282 . ~"a:~, 11 Hnme mongloe Interesl nol reponed 10 you on Form 1098.11 paid 10 ~. HISer, thow that perlon'. nlUlle, 10 no., & address t- ~, ;~~ \ut ..1,. ::~1'~ :'::.'. .~N ~ 14 3 5 'if 12 Points nOI rsponed 10 vou on Fm 1098. SeD pg. A-3lor special rules 12 13 lnv8sunenllntsrest Attach Form 49521' required. (See page A-3.) .. 13 14 Add lines 10 through 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Gills by cash or check 2.675. If you made · 9b1h Infidl,901 16 Olher then by cash or check. " eny glh af $250 or mare, e ene or II, sse page see page A-4. You MUST anach Form 8283 If over $500 . . . . . . . . . . A-4. 17 Carryover from prior year.. ............... . . .. . . ......... . . fs' 1'6- 17 l:j:;: :#i ':'~~, 2 675 ;r;if . ~.It~ .,:!.-~ ;:>'~ ;~ :~:"'& 2/.lt 18 19 18 Add line. '5 through '7......................................................... CuvAlly, Th.ft 19 CasuallY or theft loss(es). Anach Form 4684. (See page Aw5.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Ullr.illbur..d .l'lIpl. ..p. You MUST ,U,ch For", 2105 or 2101S-EZ if r.qui,.d. t- '., . Job Expensas and Most Other Mlscal- Ian eo us Deduc- lions 21 Tax preparatJon fees... ... .. ............. .... . . ... .. ... . . . 22 Olher expenses t- '.." , /;~~ .....1;._. 20 21 :;..t. _::.:~ 22 - 23 23 page A-6lor Add lines 20 through 22..............,'..................... expenses to 24 Enler amountlrom Form 1040, line 34 .. I 24 I . .1... deducl here.) 25 Mulllply line 24 abaye by 2% (.02). .. . . . . . . . . . . . . . _ . .. . . . .. . . . 25 26 Subtract line 25 from line 23. If line 25 Is more than line 23. enler -0- . . . . . . . . . . . . . . . . . . . . . . 27 Other -- from list on page A-G. Ust type and amount t- Olher Miscel- laneous DeducUons Total Itemized Daduc- lions 28 Is Form 1040,IIne 34, over $124,500 (over 562,250 If married filing separately)? NO. Your deduction Is not limited. Add lhe amounls In the far rIght column } for lines 4 through 27. Also, enter on Form 1040, line 36, tho larger of . . . . . . .. ~ this amount or your standard deduclion. YES. Your deductIon may be IImiled. See page A-6 for the amount 10 enter. For Paperwork Reducllon Act NOtlce, see Form 1040 InStructions. eM 8 AB12 NTF 17029 preparers t:alllon OMO No. Il4l,007<< 1998 AnlClYnlnl Soauonco No. 07 Your 100111 II.U~1y no. 187-44-9552 5 129. 3 282. 2 675_ ,J;.... :,".:1', -'~..~~, ,'.:'.:.l ;,:.i-~r ,(.;Q-:' !it~~~ '.~ .'f:Vr, fr.!. '~~~~!' :;;1}~ :'"j[;.~~ ':.,~~?' :.~<;:.:.. 26 ~'::t'" .\','"_Ji !l",;"\ ">~~~~: 27 28 11 086. ;:~~\W'~~(~?~'i;i}';;"i(J ~,.mib~;~~iW)V4~i.-ritQ~ ieneau" A ("arm lu4u, '998 0, '" " o' Supplemental Schedules .1998 Name: LEE G. & DOROTHY THOMAS LEHMAN Page: 1 SSN: 187-44.9552 Schedule A Line 1 - Medical and Dental Bxpenles Delcdption Amount PBRSCRIPTIONS DR. DBNTISTS, BTC. BYBGLASSBS, BTC. Bal. oe SB hlth. ins. 167. 601. 241. 2,037. 3,046. ........... .' SCHEDULE C (Form 1040) Profit or Loss From Business (SoIl P,op,IIIOflhlp) 1998 ~ PIt1nI'"hlp", loin. Vlnlu'.., lie" mull 11I1 Porm IOU 0' Po"" fOU-B. AttlCtvnonl ~ Attach to'orm t040 or Form 1~1. .. SeelnltluCUonl for SChedul. C (Form 1040). S. .nce No. 09 Soclll Ileu,'1y numbo, (ssN) 187- 0.'111,..11'.'."."...." M""IIIA""llt,I.,,,,,. fit! Homo 01 ptop_ LEE G. LEIfMAN A PrincipII bUllnl1l or plolllllan, IncludlnO p,Oduel 0' servicl (SOl plOI C-l) SERVICE / HEATING , AIR COND C Buamau name. "no 1'Pllel! bulln", name,loDVO blank. L , M HEATING , AIR CONDITIONING E Id';'::~ ~ POBOX 12 Cl ,""II, ZIP CARLISLE PA 17013-0012 F Accounllng molhod: (1) CUh (2) Accnlol (3) Olhl, (lplcilV)~ G Did you -mllerlaJty p~ate.ln Ihl operlUon or this bUllne.s during 1998111 -No: leG page C.2 for limit on 101S81. . . . . . . VII H Uyou .tlned or aequwed Ihit bUll""" during 1998, check her. . .. . . .... .. .. . . . . . ....... . . . . . . . .. .. .. . . .. . ... ....... .. to Partl Income 1 aross receipt. 01 I.llt.. CluUon: If this Incomo was reponed 10 you on Form W.2 and the .Slatutory emplove.- box on that form wu checked, !ute page C-3 and check here . . . . . . . . . . . . . .. 0 2 ReturN and aJk)wancel....... ......... .... ..... . ...... ... . .... .... .. . . . . .... ... . . . ... .. 3 Subtract line 2 from line 1 ..... .......... .. .......... . . . .. . . , . . . ,., , , , , , , . , ., ., , , . . . , , ,'. 4 Colt of goodl lold (tromllne.2 onplge2).,......,.,...,...........,..,.......,...,.,..... 5 Grall proflL SubtractUne 4 lrom line 3 ...,.. '... ,. ,....,. ......, ,....".. ...." ... '" ..... 6 Other Income, including Federal and stale gasoline or fuel tax credit or refund (see page C-3) , . . . , . . . . . 7 Grol.lncome. Add lines 5 and 6,... , ". . ., , .,.. """ , , "..... ...... . . . . ....,... . . , . .. .. Part I! Ex enses. Enter expenses for business use 01 your home only on line 30. 8 Advortlslng................ 8 36. 19 Ponslen & profit-sharing plan. . 9 Bad d.bos ~om Sail' 0' 20 R.nl 0' I.... (see page C-5): servfces (see page C-3) . . . . . 9 a Vlhlcr.., llI&chlnlty, &lid Iqllipllllnt . 10 Car and ltuck ."Pens.s bOthe, busln.ss prop.r1'{ ..... . (see page C-3) .... ,... . ... 10 21 Repairs and maintenance. .. .. 11 Commissions and fees. . . . . . , 11 22 Supplies (not Incllldld in P..,. Ill) , , . 12 Depletion..,.......,...... 12 23 Taxes and licenses....".... 13 Depreciation and sect/on 179 24 Travel, meals, & enlertainment: expense deduction {n01lncludld a Travel . . , . . . . . . . . , , . . . . . . , InPu11l1)C...p..g.C_..I.....". 13 15 749. b Meals and 14 Employee benefit programs entertainment ( th Ih II 19) 14 1 866 CEnler50%of o e, en on ne . .. . . .. . Iin.24b 15 InsurancI (olh."han heallh).. 15 5 351. subloCllO limitations 16 Interest: (... P"gl C-tU, a Mortgage (paId fa banks, aIC,). 168 d Subtract line 24c from line 24b . bOOher.................... 1Gb 8 109. 25 Utilities.................... 17 Legal and professional 26 Wages (II" .mpll;l)'llI.n1 cr.ditsl. . . services......,.,......... 17 2 795. 27 Other expenses (from line 48 on 180fflceoxp.ns.............. 18 524. page21................... 28 Total expenses before expenses for business use of home. Add fines 8 through 27 In columns. . . . . , , .. 29 Tentative profit (loss). Subtract line 28 from line 7 . . . , , . , , . . . . . . . . . . . , . , . . . . . . . . . , . , , . . . . , , , , . . 30 Expenses for business use of your home. Attach Form 8829 .., , ,.. "" . ., '" , , . . . ..., , ,. , . . . . ., 31 Net profit or (loss). Subtract line 30 'rom Hne 29. · If a profit, enter on Form 1040, line 12, and ALSO on Schedule SEt line 2 (statu lOry employees, see page C-6). Estates and ITusts. enler on Form 1041, line 3. · II a loss, you MUST go on to line 32. 32 If you have a loss, check the box that describes your Investment In this activity (see page C~6), · II you checked 32a, enter the loss on Form 1040,IIoe 12, and ALSO on Schedule SE, line 2 (slatUlory employees, see page C-6). Eslates and trusts, enler on Form 1041, line 3, · II you checked 32b, you MUST attach Form 6198. For Paperwork Reduction Act Notlce, see Form 1040 Instructlons. CAA 8 C12 NTF HilI...... GLD 2852 4437 } } 0.... H.. 114'.00" o Emplov" ID no. (EIN)./t Inv 23-2306323 NO 1 2 3 4 427 624. 427 624. 250 215. 5 6 177.409. 7 177 409. 19 ~,., ,., 208' 20b 21 22 23 24a 162. 4 8B5. 55. 5 596. 24d 25 26 372. 63 842. 27 28 14 416. 123 758. 29 30 53 651. 31 53 651. 32a B All inveSlment Is al rl3k. 32b Sarno Investment Is not at risk. Schedule C (Ferm 1040) 199B .' LEE a. LEHMAN _10 C (Form 1040) 'DDS I PIn III I COIl of Goodl Sold (_ PIQI C-7) 33 MllIlod(ll UHdIO lo_ 01 CO'I 01"'" (IOOCh VWI doling InvonlOfy: I ~ Coli b 0 .. morkol C 0 "'plon"llonl 34 W.. ,hit. any changoln dOlllrfTMfUng quantiUn, COlt., Of valuanon. borwo.n opllmng Ind doling InvenlOfy111 -VM: anach 1.planlUon . , , . . , . . . . . ,. , .. . . . " . , '. . . . , , , . , . . . . . ., . . ,. . . . . , . , . . , '. . 187-44-9552 PIQ12 35 Inventory I. beginning 0' yoar, II dlNGleR1 "om lasl VOII" Ck)llng Invontory, anlch ..pllnluon. . 35 ... 0 VII ~ No 5 516. 36 PurchUHle1l COlt 0' Items wUhdrlwn 'or petlOnaJ ut. . , . . . . . . . . . . . . . . . . . . 36 37 Coli 0' Ilbor. 00 nollncludl any omounll p.ld 10 you",,' . . . . . . . .. . . .. . . . . .. . 37 36 MlleOoJo ondlUppllel ............................... 36 39 Olhlr CO'II.. . . . . . . .. . . . . . . .. . . . .. . . . .. . . ....... . . . 39 40 Add Unl. 3511uouOh 3D. .... . . .. . .... . .... . ....... . . . . . . .. .. . . .... . . .. .. . . . . . .... .. .. 40 41 Inv.ntoryalendorVo8l,.........., """" ............. .......... ..........., ....... 41 243 204. 5 940. o. o. 254 660. 4 445. 42 COil 01 goodllold. SubttlCl IIno 41lrom IIno 40. Entor therolull horo Ind on p.oo 1. IIno 4 .. .. . .. . 42 250 215. Pan IV Informatfon on Your Vehicle. Compllll Ihll Pili ONLY II you aro cl.lmlno car or lruck upln..1 on line 10 and 818 not required to file Form 4562 for this business. See the Instructions for line 13 on page C-410 nnd oul if you muSI file. 43 When did you place your vehlcJe in servfce for businoss purposes? (month, day, year) Ii"' 44 Of the latal number of miles you drove your vehicle during 1998, enter the number 01 miles you used your vehicle for: a SUllnoss b CommuUng c Other 45 Do you (or your spouse) have another vehicle available for personal use? . . . , . . . . . , . . . . . . . . . , . . . . . . . . . . . .. 0 Ves 46 Was your vehicle available for use during off-dury hours? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . .. 0 Ves 47a 00 you have evidence to suppon your deduction? . .. . .. . . . . . . . . .. . . . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 0 Ves b II "Ves:ls the evidence written? ... . .,.. . .... . ..,..,.. . . . . . .............. , . . .. . .. ........ . .... .., Part V Other Ex enses. USI below business expenses nOllnctuded on lines 3-26 or line 30. Outside Services Freiqht & Postaqe Telephone Vehicle Expense Small Tools 48 Total olher expenses. Enler here and on page 1, line 27 ... .. . .. . .... . .... . .. ,. . . . , . .. .. .,. . 48 CAA 12 NTF 1.,1145 28 ONo ONo ONo No 867. 424. 5 399. 7 557. 169. 14 416. .- SCHEDULE BE (Form 1040) Selt-Employment Tax OMB No. 1545.0074 D""IN"',, 1111 "....." ... 8.. In,tructlona for SCh'dul. Be: (Form 1040), "'tel"ll "".., a"...,u ... Attlch 10 Form 1040. Name of p-.on wtth MII-employm.nt Income (a. shown on Form 1040) SOCial security number of perla" LEE G. LEHMAN wIlh ,olf-om io monllncomo" 187-44-9552 Who MUlt File Schedule SE You mull III Schldule SE If: · You had net D4tnJng:2 from Ult-omplovmenl 'rom other Ihan church employu Income (Une 4 01 Shan SChedule se or line ..c of Long Schedule SE) 01 $400 or moll, OR · You hid church employee Income 0' $108.28 or more. Income from service. you performed as a mlnlsler or a member af I religious order .1 nol church employe. income. Se. paoe Se-l. NOI.: Evan If you had a 1011 or a small amount 0' Income from sell-employment, II may be 10 your benofillo me Schedule BE and use etlher .0pllonll molhod" In Pan II ollonO Schedule SE. So. P'O. SE-3. I!J:c.pUon. If your only self-employment Income was 'rom earnings as a mInister, member of a religious order, iJr ChrJslllln Science practllloner anet you IJlId Form 438' and received IRS approvaJ nOllO be laxed on Ihose ownlngs, do not file Schedulo BE. Inslead, write -Exempl __ Form 113~"- on Form 1040, line so. 1998 Anoclvnonl Se uence No. 17 May I Use Short Schedule SE or MUST I Use Long Schedule SE? No DID YOU RECEiVE WAGES OR TIPS IN 1998? v.. Ale you a mJnlster, member of a religious order, or Chrlstfan ScJence praclll/oner who recefved IAS approval not to be laxed on earnings 'rom these sources, but you owe sel'-employmenr lax on olher earnings? v.. Was the 10lal 0' YOllr wages and lips subject 10 social Yes security or railroad retlromenllllJC plus your not earnings from sell-employmont more than 558,4oo? No Ale you using ono 0' the optlonaJ methods to figure your net earnings (see page SE-3)? v.. No No No Old you receive lips subject to social security or Yes Medicare lax that you did nol report to your employer? Old you receive church employee Income reported on Yes Form W-2 0' $108.28 or more? No YOU MAV USE SHORT SCHEDULE SE BELOW VOU MUST USE LONG SCHEDULE SE ON PAGE 2 Section A - Short Schedule SE. Caution: Reed above 10 se. If you can us. Short Schedule SE. 1 Nel fann profit or (loss) from Schedule F, /Ine 36, and farm partnershIps, Schedule K-' (Form 1065), IIne15a ............................................................................... 2 Net profit or (loss) trom Schedule C, line 31; Schedule C-EZ, line 3; Schedule K-1 (Form 1065), line 15a (other than farming); and Schedule K-1 (Form 1065-8), box 9. Ministers and members of rellglolJs orders, see page SE-1 for amounts to report on thIs line. See page SE-2 for other Income to repon............................................................................... 3 Combine lines 1 and 2.................................................................... 4 Net earnings from sslf-employmenL MulUply line 3 by 92.35% (.9235). If less than $400, do nol file this schedule; you do not owe self-employment lax................ ... . . . '" .. . . .. . . . ... .... 5 SeU-employmenl tax. U the amount on line 4 is: · $68,400 or less, mulllply line 4 by 15.3% (.153). Enter the result hero and on Forrn 1040, } IIne50. · More than $68,400, multIply Hne 4 by 2.9% (.029). Then, add $8.481.60 to the result. Enter .... .... thololal here and on Form 1040, line 50. 1 2 3 53 651. 53 651. 4 49 547. 5 7 581. 6 Deduction for one-holf of selt~employment tax. Mulflply line 5 by 50% (.5). Enler the resull here and on Form t040, line 27. .... . ... ... .. .. ... .. '" For Paperwork Reduction Act Nollce, see Form t040 InstructIons. CAA 8 SE12 NTF 10;51A GLO 2858 GLO 4451 6 3 791. Schodule SE (Folm 1040) 1998 .' 1997 - 1998 TAX SUMMARV i Name: LEE G. & DOROTHY THOMAS LEHMAN SSN: 187-44-9552 Pogo I INCOME I 1998 1997 DIFFERENCE I : Wagel, aslarfal, tlpl . . . . . . . . . . . . . . . . . . . 1 , )O~. ~l,tlU!:l. -~, <:~ I. I Taxable Intlralt Income. . . . . . . . . . . . . . . . . ~,tl~!:I. 2,772. 3.utl . Dlvldand Income u. o. I SlaIlnocaltaxrefund~::::::::::::::::: : L~4. u. 12 Alimony received .. ................... . U. . BUl1n111 Income (loSI) . . . . . . . . . . . . . . . . . 'j,o' . j2, -/2 . 20,92 I Capital gain (/0"). . . . . . . . . . . . . . . . . . . . . . . , Oth.r gllnl (10...1) u. I ......... .......... I Taxable IRA dlltrtbutlons . . . . . . . . . . . . . . . . U. o. U. I Taxable penllona and snnultles. . . . . . . . . . . . u. u. O. I Renla, partnerlh/ps, etc. . . . . . . . . . . . . . . . . u. o. O. I Fann Incoms (loss) . . . . . . . . . . . . . . . . . . . . u. u. u. , Unemployment compensatlon . . . . . . . . . . . . . o. O. l . Taxable loclal eecurlty benellla. . . . . . . . . . . . o. u. u. i Other Income. . . . . . . . . . . . . . . . . . . . . . . . o. u. O. TOTAL INCOME ..................... . 77,190. ~ I, jOb. 19,tl90. ADJUSTMENTS TO INCOME IRA deductlon ...................... . u. u. u. Student loan Interest deductlon . . . . . . . . . . . . o. O. . MedIcal savings account deductlon . . . . . . . . . O. O. . Moving expenses . . . . . . . . . . . . . . . . . . . . . O. O. . I Self-employment tax deduction. . . . . . . . . . . . 3,791. 2,312. 1,479. , Self-employed heslth Insurance deduction 1,666. O. l,bb6. Keogh and self-employed SEP and SIMPLE plans O. O. O. Psnalty on ssrly wIthdrawal of oavlngs . . . . . . . O. O. o. I. Alimony paid. . . . . . . . . . . . . . . . . . . . . . . . O. O. O. Other adjustments O. O. O. i ................... . TOTAL ADJUSTMENTS ................ . ',4' I. <:,j1<:. j, 14~. , ADJUSTED GROSS INCOME. . . . . . . . . . . . . . I 71,739.1 I 54, 994 .1 I 16, 745.1 i ITEMIZED DEDUCTIONS I Medical expenses. . . . . . . . . . . . . . . . . . . o. o. O. f Taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . ~, l~!:I. ~, b4<:. 4tll. Deductlble Interest . . . . . . . . . . . . . . . . . . j,~O~. 1,::>~1. J., I:;): ContrlbutJona. . . . . . . . . . . . . . . . . . . . . . <:,b/~. 1,/00. !:I/~. Casualty and theflloss(es) . . . . . . . . . . . . . u. U. u. Job expenses and miscellaneous deductions. u. u. O. Other miscellaneous deductions ........ . U. U. u. Tolalltemlzed deductlons. . . . . . . . . . . . . . . 11,UOO. 1,00!:l. 3,217. STANDARD DEDUCTION ...0........... . I 7,100.1 I 6,900.1 I 200.1 exemptions. . . . . . . . . . . . . . . . . . . . . . . . . I 5,400.1 I 5,300.1 I 100.1 Taxable Income ..................... . 55,253. 41,825. 13,42tl. Tax ............................. . !:I,!:II<:. b,3~~. 3,011. Addltlonal taxes from Fonn 49721Fonn 8814. . . . O. O. O. Tax before credits ................... . 9,972. 6,355. 3,017. fCan~nu.da"p.a.21 ID: 098011 Ii 1I2YR1 I. I r I ,.',,"' .' .' 1997 - 1998 TAX SUMMARY (contInued) Nlme: LEE G. & DOROTHY THOMAS LEHMAN CREDITS Child care crldlt ..................... Eldlrty or the dlllbled credit . . . . . . . . . . . . . Child tax crldlt ...................... Education crldlla . . . . . . . . . . . . . . . . . . . . . Adopllon credit ...................... Foreign tax credit. . . . . . . . . . . . . . . . . . . . . Othlr credlta . . . . . . . . . . . . . . . . . . . . . . . . TAX AFTER CREDITS .................. OTHER TAXES Self-employment tax. . . . . . . . . . . . . . . . . . . Alternative minimum tax ................ SocIal 18Curtly and Medlclre tax on lips. . . . . . Tax on IRA and other planl .............. Advlnced EIC paymenta ................ Houaehold employmlnt taxes. . . . . . . . . . . . . Recapture and mllcellaneous taxes . . . . . . . . . TOTAL TAX . . . . . . . . . . . . . . . . . . . . . . . . . PAYMENTS Federal Income tax withheld . . . . . . . . . . . . . . EstImstedtaxpaymenla................ . Esmld Income credit .................. Addlllonal child tax cradlt. . . . . . . . . . . . . . . . Amount paId wIth extenllon . . . . . . . . . . . . . . Excesl loclal lecurtly/RRTA tax withheld . . . . . Credllfor tax on fuels. . . . . . . . . . . . . . . . . . Regulated Investment company. . . . . . . . . . . . TOTAL PAYMENTS . . . . . . . . . . . . . . . . . . . . REFUND Overpayment. . . . . . . . . . . . . . . . . . . . . . . . Penally ........................... Amount applied to 1999 . . . . . . . . . . . . . . . . . REFUND due. . . . . . . . . . . . . . . . . . . . . . . . AMOUNT DUE Penally. . . . . . . . . . . . . . . . . . . . . . . . . . . . Amount OWED with return............... Marginal tax bracket . . . . . . . . . . . . . . . . . . . FIling slatus ........................ 1999 ESTIMATED TAXES Due 4/15/1999 . . . . . . . . . . . . . . . . . . . . . . . Due 6/15/1999 . . . . . . . . . . . . . . . . . . . . . . . Due 9/15/1999 . . . . . . . . . . . . . . . . . . . . . . . Due 1/15/2000 .... . . . . . . . . . . . . . . . . . . . .2YRZ SSN:187-44-9552 PAge 2 1998 1997 DIFFERENCE u. ,9 7,58l. 4, O. O. O. O. O. O. O. 17,553. 10,97 2,720. 3, 38. 11,709. 9,000. O. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. O. 14,429. 12,338. 2,09l. ~ 1,359. -1,359. O. O. O. O. 1,359. -1,359. O. O. o. 3, 12~ :1 g:1 I 0., 3,124. 28. % MFJ 28. % MFJ ~.~~ o. o. o. o. o. o. o. o. o. ID: 098011 .' Supplemental Schedules Name: LEE G. & DOROTHY THOMAS LEHMAN 1998 SSN: 187-44-9552 Fora 4562 Aa..t L1at1nq. Schedule C - L , H HEATING , AIR CONDITIONING ---------------------------------------------------------------------------------------------------------------- ----------- "'Jet ----------- . D..crlption T Acq. Date Pet. Inv Uud. Ct. Coat Bul. Oepr ConY lit Method Lit. 'dOt Dept. See 119 199B Dept ---------------------------------------------------------------------------------------------------------------- 1 .7CHEV VAN 2 89C"EV VAIl J 95C"EVY CUBE .. 430 TAACTOR 5 QUIK LOADER 6 EQUIPHE/lT 7 1998 VAIl 8 9-10 PICK-UP " OB/15/87 1001 " 13, '793 MAcas SL C 5 13,193 0 0 " 09/22189 1001 " 13,598 MACAS DDB HQ 5 13,598 0 0 " 12130/9' 1001 tl ZJ,159 HAeM Don C 5 4,G01 17,500 391 U OJ/26/96 lOOt " 5,300 MAtaS ODD C 7 2,055 0 927 " OJ/26/96 1001 " J,180 MACas DDB C 7 1,233 0 556 " 01/31/97 1001 " ],339 KACRS ODD C 5 0 J,339 0 " 11/12197 1001 " 23,537 KACRS DDB C 5 4,707 0 7,532 " 07/01/97 1001 " 19.821 HACRS DDB C 5 3, !}fi4 0 6,343 Prior Year Totals Current Vear Totals 105,727 44.03120.839 o 15,749 .' .' Supplemental Schedules Name: LEE G. & DOROTHY THOMAS LEHMAN 1998 SSN: 187-44-9552 Next Year Depreciation Asset Liatinq, Schedule C - L , H HEATING , AIR CONDITIONING ---------------------------------------------------------------------------------------------------------------- ----------- Asset ----------- . De,cdption T Acq. Date Pet. Inv Used Cr. Cost Da.is Cepr Cony Est Hethc,d Lite Prior Depr. See 179 1999 Depr ----------------------------------------------------------------.------------------------.---------------------- 1 87CHEV VAN 2 89CHEV VAN 3 95CHEVY CU8S 4 430 TRACTOR 5 QUIK LOAOER 6 EQUIPMENT 7 1998 VAN 8 S-10 PICK-UP " 08/15/87 1004 N lJ.H) MACRS SL C 5 13,793 0 0 N 09/22189 1004 N 13.598 MACRS ODD HQ 5 13,598 0 0 N 12130194 1004 N 23,159 MACRS ODD C 5 S,072 17,500 567 U 03/26196 1004 " 5.300 MACR5 ODD C 7 2.982 0 662 N 03/26/96 1004 N 3.180 MACRS DoB C 7 1.789 0 397 N 01131197 1004 N 3.339 MACRS DDB C 5 0 3,339 0 N 11/12/97 1004 N 23,537 MACRS DDB C 5 12,239 0 4,519 N 07/01/97 1004 N 19.821 MACRS DDB C 5 10,307 0 3,806 Prior Year Totals Current Year Totals 59.780 o o 9,971 105,727 ...--....-.--.--.-..--..-..--.-.--.--.-..-.--.--.-...-.-.... / I I ! - ..,.. " CCS'8,' ,WJ OIST- 85 OI'-NIXONI ,- 11'99 "Cl . TOO '. FIA DISPLAV O~ ACCO~(())f[::\,''0 ".. FOR THE PERIOD . _ <' . .....'--.(.\.\....- 01.01-1994 THROUCH 12,31-1994,' .! ." VANGUARD CELLULAR SYSTEM 4e1K SAVINGS PLAN ANNUITY CONTRACT NUMeER (3)14329 " .... "'."11 ", TJiduiS OOROTIiY I.' 'IDCHn"(:ATI(>>f,:";; ..:'.'lfUMUA",;:;::;:: II!UB '''71 ..~. -~i~u~~~;;-~ >~~ii~tU4'::~:,:~'" .... ...-.... ,cTlvi :';o~r,ciFIUn~:.:' . "IO~OZ.194~~' ~~:bA,~iii.ca'~~': :.~~ ~.~I:~:~~~: .. or-20"ISIlI,- ., '.'11S-U-li,;' ...... ......:..,..:::~u.,.UO"f'I. :.~:~ ~,D.T&.'~!: ~.Of'.I!IULQV.....I". -~OI..OI..19g:l.. ,. -, NO"MA'.:AIil1R1:NCNT~':.:"; ~-."'..' ";"- :"""_._.... ~'.'.." ;~:_,'::.; '; ''';~ .. H.... "Af .......~.....u . .',......_..__...... ... _......_.. 'GS' ~."':<tt:;OI.2'o6i':::-. ~;-:';:;'.' ;'.;:.'.~.:..;:.:..:.~:'.~:,::...::.. . ",' ~'.".. -:-~~~^";~~.~ ...::_ -=':::'~.~f~~~.i~ ':~:.-:-:.-:::.:~::::...-:' .. ~:.',"::,:,~':;;:..::~:" .;", , ~"'8 '...' . .- -....... ACCOUNT ACTIVITY SUMMARY DALANCE ON CI1.01.1994 I:UPL.OVl:R e'L!C"Tlva OeFl!:MAL, 1221. te Sf .37'.%1 1.20S.0J 3.2U1. I' 22 %0 n.18 11....S7.01 14,72G.S4 TOTAt. COl'l!rlbubOn:l Eaminos BALANCE ON 12.3t.1994 S1,C04.:t. A,.'A.7, 10.4.31 sa.IU.51 ACCOUNT ACTIVITY BY INVESTMENT CONTRACT INVESTMENTS [MPLOY!:", eL!:CTIve OeFI!JUtAL. TOTAL. GUARANTEED INTEREST ACCOUNTS GUARANTEED INTEReST ACCOUNT I 3 YEAR) MA TURES 12.31.1995 I"te~s\ Rate '.45' S..SY. BALANCE ON 01-0t.199' $11..1.1'" 1871.01 e..1fnlnos 1722. IS 11,111 37 CC BALANce ON 12.3f.1994 4..1.10 $11j..30 $'718.01 SI::l5.31 ::;..":' Ilu:U~.M(.m.''':'I.:.'nUILWMTIOH ':1 . HUMBER OP '_'S~~CE.PATE ..., OAT.E ~... '; ".' HOl!'R~ ..~. . ....:.UFE IH1UAA"'Ce- ,:'.".I,cr. Y:'lU~,'::::. ~::':.:~.t1--v~e_;,. ..~~ ... . . ..'........ ... ........ :': to V41.U! Oil ACCOUNT:; DROSS COH'T1UI1UTlON!; ,~ DOROTHY L THOMAS 115J61477 13114329 c-, Apr-.07-99 03: 16P ,. .' .' cas 111< ",IV aIST- "a".HlxaHI 1-11-95 "01 TOI .. ~..... .-'" .. VANGUAIlO CELLULAIl SYSTEM .01l( SAVINGS PLAN ANNUITY CONTRACT NUMBER (3)14329 FIA DISPLAY OF ACCU'~~ f:::,..,. FOR THE PERIOD 'S (f )} / t.l 'i\ ~. 01.01.\994 THROUGH 12'31.1994;;,' . .'~' .' ." : ~ ' . GOARANTEED INTEREST ACCOUNT 13 YEAR) MATURES 12.31.1995 InlOtel'l Rate BALANCe ON 01001'1'" ContnbullonlJ e..mlnD' 8AUNCE ON 1J.:J1.1U" TOTAL GOARANTEED INTEREST ACCOUNTS SEPARATE ACCOUNTS 0.5. STOCI( ACCOUNT BAl,ANCE ON 01.01.1994 ConU"lbUllcns EOJrnlnQS BALANce ON 12.11.1994 TOTAL SEPARATE ACCOUNTS OOROTflY L THOMAS 115::161471 (:]);4329 (W'l..OVIU, CLICTIVI DSptAltAL, Tori\. ..su. 4.Sn. 10.00 10.00 10.00 102." I, OJ" 10 2.137,44 1~.21 31..30 SI.U 1511:,04 11 ,'71. SO 12.2U.I15 1731;.3C 12.'"." 1:J.t24." $11G.04 S'''.20 fl12.24 1501.19 I.S.U.55 2. Z:U.34 2.112 6.18 , " S721.IiiG $:.'31.63 U,OU.%II 1721.;; 12,3.31.'3 $:J ,OIOD. 2. c-, " .. - '" 'D - ... .. ...... ... '" <Il Cc .... '" E. z'" "'...., '" N cE~ 0" .5 ~o .::~ -~ '" N 'D" ~ C... N ;';'" C c,lI) lI> 0; a: wa: .!!_ll) .c_ .. "'5 c.;:~ .c.. '" _"0 .<::::1- U lI>=> ceo J- >- <(.., .. ...... .!!'Q C ::0-1 C E.D":' .. . Ow e8. a: ;,;0 .. !5.J _<Il Den "'0'" E = 0-1 ..' ~g >a: !; co~ ..>< c '" ~'50 .2al &~ '. Cl :t<e>>-cn;Gi ::'" ~ l3=>"''''m a: :ao.. 'D,!? OMC") _ O.c= c 'Du -0 '" a:z""'~co~ >-.. .. c x .." .ELL o<=..~ Oeo "'.. u .. ".. ..II) c>!.2_o::.=o =cQ) .... .... ~a: ::t '" 30" ...: ..- L:" C to:.o t:;.: -.. >- .!S '" en lI)eCP/>>.!4D;: c,- .. .. .... ~ ;!:~;'~:;1';~',,-: .., .D .DDc:I.DCP -..- E .:.. 0.0 ...... .>- U :!: E"EEOElj "''' "0 .ell> <:-0> GO ,..... .,. 'Du 1.:"'....... ;:; lPz:s~~::Jm ~'" -c i~ .." c 0 :: CiZZ ~z o~ ..- ... "', . 11.0 " "C'U;;..c-x C u'" c.- 0 :c_ .... oco-.:o~ " .!!.. ..,u >- ..... 0 ')(! . .c'::::s .= .. ~ ~ "E ~ ugg u '" .. "0 "c ou c'. eOU) 'D >-.E cri;' ~ C >om .... -" =Cij ..u. U cnm ; 0-- x .. aiiU Cl'tl o'Su .. '" e.. ;; CO ... W >'D 1;; ell) .8Lf Ell <( .... !<! '" C.: 0:-' ;:: '" " 3- u." r~.. ., OC 000 ;; 0 C. .:- cr3 ~. .... "i -.. ;; .,. 00 'C Co cli; c .... .... .. ".. ..c ;! E 0- ,,';; '" N N Eo; ;; '" II) lI> .~ g,.. . 0 <~ 'ii ~ .. "'- = r- ...- cM .. ;; .. ~ .. :0= ..~ ;; 0 :5 ., . .... ~ E XX '0.0 ~ fij .. .... c E ~ ,g ...... >" ...,"'.. ... <0 > " ...<:- ooli: .~ (1).... =m n. .2 g;o .! &j .."", ,," :eCl'" 'S olf .... :Ju..; o ::> :g =,2 "''''''' 'DII) 'ii ~.5 E-<"'oo " 10 iila: 0" -.0 n<o =u 0 '5 .,- i;y. . ;i 'ij f~ -.. ..."'.... '. .. .0.. c_ n 'iHiiffliiim < , ~ "'..'" ... ..,!; .... l.s E-<.... " .J!! co-- . E'tl .'. ".~. . ~l:l. . 0 '" .0 >-- 1i!:;:,;::;;!;j '" .." "''''u .. u :9.!!!.9 .u g~'" ~ " ~oro o.e ...:c ... ... .c ,~ 0 :!~:. " ~ C u .c 0 E "U " i5 " 'D .-=- 0 =c ',i J' 0 " ::cc ,,-- t.;/\ \ .~ , I ~ .c en 0)-- o' I ~ u "".. 0.0 .. x... ... i;j; '...,,! 0 :: ".0 0 ... iI/I . .. ;':i E -. ... - .. :;;-5 t.:: C .0 .c "o~ Jl!i I " SI ..... <l::~ ;::1J :, 0 '" ~iP: ..~... ~. . ~ 1 :J::::::l~;:::'" .~!,,~1"~~1l~' ~\~~'!'!':'N~l~l' l"~f!?"'fI(,"''''''''. ~ ~ .' .."....~lNIf'O..,..."".......... ...... .....""'.".." ~1'''''I'\.,.. ".' " " .................................. ~...................................... . .' .................................................................. .........................~...........:.................... OJ/le/l~~~ 10:36 71724~583Q CGiIO< ASSOC PAGE 82 I I ; rRACY GASSAWAY _AN 'esOIlH"E' 'A~ARO CELLOLAR 1C'O: -1'QAH :.::;r.::I ~O. ~Tl!: ::co OAI,NseORo. HC 2145H'JJ14 VANGUARD CELLUI.M FtNANClAL CORP0 401lKI SALARY SAVINGS PLAN REPO~'(~j;~~ THIS REPORT INCLUDES AMOUNTS IlECEIVED L THROUGH 12-31-1998. DOROTHY THOHAS LEllIIAN 416 PAWNEE DRIVE HECHAHICS6URG, PA 11055 DOROTHY THOIIAS LEHIIAN 1.0. No. 115361477 ANNUITY CONTRACT NWIBER 0) 11'329 Your '2.:]1.1998 accounllll a 9lanc& Total account ba1~nce Ve~tad Account bel.neB ':!B.I'B.~O '2B.156.50 ACCOUNT ACTIV1TY SUMMARY t.ot'1999 THROUCH 12-31-tgge :ontril)uUons Earnings F.HPLOYER ELECTIVE HATCH DEFERRAL 15.99:1.85 517,335.91 600.0: ','599.96 616.09 1.950.98 17.208.75 120,a8S.7:S lom~ 100% 57,289.1S $20.886.75 TeTAL S2J,na.46 BALANCe ON '.01-1998 :!. 199.95 ~ ,6:.1. .00 BALANCE ON '2.J'.1998 ~ES1ING PEHCENT VESTED ACCOUNT BALANCE $28.159.50 S28.156.50 199/ - (:;;))p~ 1;1 , ~ .,.------;> / .--hj . ~fJ." / \/ ,I /,/ / - -' / :; (1/1.(4 '10;/( DOROTHY THOMAS LEHMAN 115.36-1477 Loc. 2 (3)14329 ~' Fmancml Group Apr-07-99 03:1~~ . " .' f"."".., cas'l u 015'- IS OI,-MIIONE 1'01'" C "1G1 loti ." "~ f?':'-. C, f( .,j IL:... ":\,:;- ~, [I I( FI... DISPLAY 01' ACCOUNTS . fOR THe PERIOD 01.01-1996 THROUGH 06.30.1996 VAlIGU"RO CeLLULAR SYSTEM 401K SAVINGS PLAN ANNUITY CONTR"c:T NUMBER (3)14329 -~.-. I., . ._~- -- . . 'fU.M' . . .. "NUM'D. " . NUMllA. fHQM'S I.IHHA'" DOROTHY I I S3C1 I'll :." .' ,..:,' f' .....ucri.o..lO... ...0................1 . .. .- ~':....-..-". OI'....tQYW.lIf: -/lor: . "'-CWlI ...... .... ...... ....... ..., 11(.,. .. ........ ........ .._...... . L~ __... _ . . UAT\l5 'CIIUI ._......- , .0""(:1' wmt::: 10'02-114'2 : OAI.om"OYCD Ot-200,O'1 ... , SOCIA&. SICURfT't HU..,ut t ,'oUoI41T . .! ~. ......,... ~'. -' ..... ',,--, . .';.' ....~:;-:;~'::-~: ;::-.;'.: .... .. ACCOUNT ACTIVITY SUMMARY EH''''OnR. n.CCTl VI f.:NP\.aVER MATCH OI't:JtfU.l., TOU\,. OAlANCI! ON 0"01""1 12,"".11 11,7'1,7' $427.30 1'1.713.1& COnl1lbUllOn! "," 1,399 '3 0,00 I,U<I " E.vninq! 1'1 oS en '3 n.H 178. '3 9AI..AHCI! ON 06.]1).1'" I'. %'0.04 110,a.'.51 usa.as IUI,S,..:ro TOTAl. ACCOUNT 8.ALANCE ON OI.lO."" 13,:'0.004 Sla,..'.I' '''''..GI; 1'4.5'..:10 VES1eO peRCENT At'"~ ",,,,, ,- vuno ACCOUNT DALANCE 12.5'1.0' $10,1:141.8' S4&&. 6S 11',872.21 ACCOU/lT ACTIVITY BY INVESTMENT CONTRACT INVESTMENTS GUARANTEED INTEREST ACCOUNTS EIJPLOYER ELEcnVE [)4PLOVER tol"TCH DtJ=EMAL. TOTAL GUARANTEED 3 YEAR MATURES 12"31.,996 Imerest Rate ",55'4 .55'1. ".55"1. BALANce ON 01.0"'996 $571.15 11.1otO.Ol $15..1:1 12,:18:1.08 E3rning, l:r.o~ 39.51 1.47 ,. ,> eAl.ANCE ON 0&.]0.1996 1:501.04 11,10a.sa nG.10 n,447.22 NUMBER OF HOURS' ~ .... t.u:e IN&UIl,U4CE; . _' .. '; . OA,fE.FIAST " FAC~.:-':ALU.~;;.:.::./" .;.c~ VAl.=I"~': :veSTII!D. 'OATEIOO'!\. ... VEST&.O...: CI1'~ 19~ 1997 I vistto. ACCOU"fT ::1"" s 1~~;2..~29 VALUE OF AccourH5 ~'.2~ CONTRIBUTIONS .........~~ ..;',LEenv, t .....".. .E.MP.LOHR .; '........ ."... E. ===r-~:", I . .~~ I -t.__'5.I' ARl. I ...1... .:~ 8.4T.6~ .. :.8 8!1.~ :~:~.3 OOROTHY THOMAS LEHMAN 115361417 13114329 c ....fJr.-";" ->>:::. U..:t:4:;;1,.. ,~~ .' " "S.... .IST- IS 01l-H1AOHI T "oe"9I '001 1100 r"~- t I ...... \ ... ,.. . , .., t ',' _..' , , - . ''''Lovr" ILlCTI'.'r IW'LOYIII "UCH DI'OUI&L TOT.... (' GUARANTEED J YEAR MATUR&S 12.31-1"7 In'...sl Aile 1.,,01, '..30'l UUNCI ON 01'01.'t" Un.21 ",41t.~1 12,010.11 '''"'''9' 20.:10 54.1.3 ".., IAUNCI ON 01.30.1,,. 151'.el 1',U.... 12.'24", GOARANTEED J YEAR MATORES 12.31,'918 Inlet1st RIle' 4.U~ ..'S'I. ..'5" e&UNCI! ON 01o<U.IU8 10.00 10.00 "'.00 10.00 MIUUCd AC'C'Oun' ROlnvQSted 0 00 rs!.03 115.10 110,13 ConlnbtJoens ,., .., lit. '3 0.00 '12. I' e,,"'II9' ,. " 25,35 I.U , I. 11 e"UNCS ON 0,.30..", 12".2<4 11,.80.11 S1211.7G u.n4.11 TOTAL GUARANTEED INTeReST ACCOUNTS ~1,":lI'.7:1 .4,81..13 '115.4' 18,4"8.~2 SEPARATE ACCOUNTS U.S. STOCK a4uNCE ON 01.01.1996 11,398.11 .4,788.40 123ft. 27 1&,388.70 COIunbullQtl... 101 .18 891.70 , " IU oa E3I"'"115 15.. I. 537. :II ,. " 717. ." . . BALANce ON 06.30.1596 S1,77:1.31 18,0:13." S261.19 S8.01'7... TOTAL sePARATE ACCOUNTS 11,77::1.:11 n.03~.48 U61.u SI,057.S0 OROTHY THOMAS I.EHMAN "5361477 fJJ1.t329 co, Ap"-Q7-IUI ,031 \OP caStl'. OIST. IS OI"KIIONI "01'" .....Ub '~Cl 'oJ~ l"::'" ~~ . If ""l'~,,,, ",...;.. i: '/...:.:.. I .: VANGUARD CELLULAR SYSTEM 401K SAVINGS ~LAN ANNUllY CONTRACT NUMBER (31'432' FIA OISPLA Y OF ACCOUNTS FOR THE PERIOO 01.01-1995 THROUGH 12.31.1195 . .~. NAwr :.. ,':. rHOM'~ ~r~NAH DOROTHY ~'.IO~Pte.laQt~. ... ':' .."u...Ut~. ': 11SJ1I14'71 ;."oc.anca .;.~', :'NU~"~ ~.. ,: . IrANs '. ACTIVE " ~'DA't'~;..Umt. 10-02-1942 . ,...... - ~~, .,." !SCXJAt.s.cu'Irrr OA,n.;I'\A"'o"" ..m '.." '1V...l'I!'. . OI-20-1gi I , "'-JII" u1l '--~~."""."'" .....OJUV1DOAff: .fol'O.......I5'n,..wt.~: ~~...-.. . ,n ...... ....,u....;;;.~,. .~-.:,:...:..~. ......,_........ :;:'i -i!it!,; ..ti';., :'9" ._toy""",, . .. . '~o.~. :.:"- :0,-.;:. .,- ;;','.'.' ""'. .:,:".:,,"'-"':::.:: I"'" E:.':."""'''''~, :: :"~::::::;;:"., ". DAUNCt ON 01.Ql.1tU ACCOUNT ACTIVllY SUMMARY (""LOyeR ELEcnve CNrLQY(A "'TCH OUElUU.L 11,0"',10 ",'72G,U UU.21 1,01'4..' 1,US " 0,00 321.'. I. IIg, ,.. II 09 SZ....4.Z1 1I.11t.15 S4:1.:20 """ '00' lC",,, ,t ,.".U la."'.7C 1427.:20 TOTAl. SI.113.11 ConlnDubOnS E"'"""l' 3.140.04 1."'.117 DAUNC! ON U.31.t!l~ SIt ,7t::l.2I VESTE!D PERCENT VESTUD ACCOUNT OALANCE 110,11&.68 ACCOUNT ACTIVllY BY INVESTMENT CONTRACT INVESTMENTS GUARANTEED INTEREST ACCOUNTS I!MPLOye" !L!CTZVE ()4Pl.OVER "'TO< D!FERJUL TOTAL GUARANTEED INTEREST J YEAR MATURES '2.3'.1995 Inaere$1 R8te 5..s', 5..S~ BALANce ON 01.0'..1995 111'.01 StHI.30 1135.:11 E.srnlngs :211.Q2 15.50 45.52 BAUNCE ON n.:11..1995 :755.03 $125.80 suo.OJ .~::~~~~~~~~':: '1IEsTED .&.CCOUNT :. ',,:\'ALut..~: ....ii.o:'7IS.58 VAl.Ue: OF ACCOUNT: QAO:!lS CONTJIl8UTUiH"$ ,,,,"":"J"'I:a,.(R"'.:; "';''''''(llcIIV!: ::;,: ;.""t..~ EN"lOY (If.:'[ '::~"..;':" . "';;::::::.::~: t":7.:::::o:.:' ..... .:.17."~ '"-::::..0:::.;:;; ...... .,'":~~~-: .......... ,.,........ :......;.:.,..".".:.;;.:~'S'i.:*:;....,::.;:;.;.;~~ ;. ,;:.":;;';""~'7.00;i"'";;'; ~;r'E~~ 'j , .'.. - .~.-."'.~'~' ......-... ,.......- .' ~. "', .,....~ ,. ;.,..".,.'''''..,....''.............".. . ~",,~... ...~.,. .....,...^......~. o ~ -::,,,, , ] DOROTHY THOMAS LEHMAN 115381477 (3114J29 c. Il'II,nDtI.1 ..,... --. --, ~.Ub . .' .' n OIl-oUOOI Id~. . CCSISU .IST- "01'" ',CI (".~ //-=y... ~ ':\ \. . ,.;. 1\'/ . .', '. '':'-:,.' .... I ., rN'I.C)'I1iR tt"IC11'i1 ''''LOll", OUCH .I'IIUUJ. TOTAL,. (' GUARANTIED INTERIST ~ YEAR MATURES 12.~1.11" Intetes, R'1I .In .,sn . "1. ....UNCI ON 0"0"1111 IIU.1a '1.172.~ U12..o 11.211." EonWl<ll 21." ,., t I 1,13 fO.. IS ....UNC. ON 12.21.1'" ,nl.1I ., .14'.01 111.22 12,3",0' GUARANTEED INTEREST 3 YEAR MATURES 12.31.'997 Inllresl Aall~ 7.10'" 7 10' UC,ANClf 0'" or.or.r!!! 10.00 "'.00 SO.OO Contribution. '~7 32 I. '~1, 71 1,170.07 EalMIQS 21.'3 ".se 10. ., DALANCe ON 12.31.19" 155'..15 11,." .31 12,OSO.5' TOTA~ GUARANTEED 10TEREST ACCOUNTS Sl. 138. to "',u;.n .", .0' II, :nc..8 SEPARATE ACCOUNTS U.S. STOCK 8ALANCE ON 0'.0101995 S~'.l' 51.317.63 St77.&, n .OGI. 21 CcnlnbutlctlS 5,H.1S 1.'32 " o .. 1.15' 'T :3ftlinQS 27..72 I.on OS 5. 78 I,U9.5Z r" BALANCe ON 12.:n-19'5 $1 .~!i6. '1 S4.7!51G.40 1216..17 11,188.'71 TOTA~ SEPARATE ACCOUNTS 1:, .-'5'.11 14.7".40 1236.27 SI.:JU.7n i ...... )AOTHY THOMAS LEHMAN 1 t5.361477 (3)14:1Z9 c", <S ... Il. I lJ,r-, { . ":,, " , :. ' ; -1; - CIl"'; <<::> ~0-1 0-1>< "'Ul Z Z~ O~ ~'" .... ... 0 - .... U>< > ,... ". ~Z U 00 0 Eoil :-4::0 :;: ZO 0 -tv Z ~ ~ .q ~ ;?J - ~ ~I -~ ~ "-.l t' s 0.. RrR S r& I../)Ml ~6 I. I. r-. o ,. C. .- ", '-.; '._J - \j- ~ CJ ~ p,C III <: 0 .... <: '" III .... e '0 .~ '0 <lJ 4; 0-1 I t7> Ul <: rd '" '" .... e '" <: Ul Ul 0 .... III .... e .<:: '" <:'Cl III ... Eo< <: Ul <;l <: ~ ill .... > e <lJ .... III <:"< <:U 0-1 .... <lJ <lJ 0 '" >-<0 .... >. '" .<:: .... '" t.!l '" 0 Q .< <lJ '" 0 <lJ 0 >-< '. _'W;;, LO' UHiiill U.'8 ~~ILII' ,;G-t; ILl OOMlO,; O:)AloI,mS l'f011U"a'l1'f' <: III e ~ ... 0 t.!l - 0 -lJ ~ >. ~ <lJ 5 .... ~ t III " ,J ~ Ul ;; . ::,.; . :;: 1 < : <lJ .... ~ ,0 ~ u .... z - .. ... D()ROfHY I.. THOMAS-LEHMAN Plaintiff : IN filE COUR f OF COMMON PLEAS ; CUMBERLt\ND COUNTY, PENNSYLVANIA v. : NO. 1)1)_17'}4 CIVIL nRM LH C. LEHMAN, Defendanl : IN DIVORCE : CIVIL ACTION -LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must lake action within twenly (20) days after this Notice and Petilion are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fai/lo do so the case may proceed withoUI you and a judgment may be enlered against you by Ihe Court wilhoul further notice for any money claimed in the Complaint or for any other claim or relief requesl~d by the Plaintifl. You may lose money or property or other rights important to you. 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. NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usled tiene viente (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. See avisado que si usted no se deliende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usled puede perder dinero 0 sus propiedades 0 otros derechos imporlantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATEMENTE. SI NO TIENNE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE pAGAR TAL SERVICIO. VAYA EN PERSONA 0 LLAME pOR TELEFONO A LA OFIClNA CUYA DIRECClONSE ENCUENTRA ESCRITA ABAIO PARA AVERIGUAR DONDE SE pUEDE CONSEGUIR ARISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL COURT ADMINISTRATOR 4111 FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 ~ , CERTIFICATE OF SERVlq I, ANGELA S. EATON, an employee of the law firm of Purcell, Krug & Ilalh'r, , ~- counsel for Plaintiff, hereby certify that service of the attached Petition Raisinll Addilional Claims was made upon the following by placing a copy of same in the Uniled Slates Mail, first class mail, postage prepaid, Dauphin County, Pennsylvania, on ~, :1000, Samuel W. Milkes, Esquire JACOBSEN & MILKES 52 East High Slreet Carlisle, PA 17013-3085 Attorney for Defendant I hel'l'hy vpri(v thlll till' slllll'llll'nls nlll,h. in Ill<' fill'('!:oin!: 111'<' I rill' 1I11c1 "OI'1"pcl. 1Il11I<,rslnncl thlll Cllls<, sllll<'llll'nls hl'l'l'in 111'1' n1l1l11' sllhj<'('l 10 Ill<' pl'l1l1lli<,s oC IH I'n.C.S. Section 4!J04. rpllllin!: 10 IIIIS\\'OI'11 Calsificatiol1lo lllllhol'ilil's. [ Dnted: C:Y\S;\cc;. [lOROl HY I. THO,\1AS-LEH.\ l.-\N Plaintiff . IN fHE COURT Of CO"'.\10N PI (.,\5 · CU,\IBERI ANn COlINTY. PENN5YLV..\NI..\ \. . NO. ()<J-l~<J.J C/\'IL fER'" ,-, '-' <::1 'J ,-. ", '/ 'J .rr ','j ~'.) . ,':' . i '-.J ;~I YOU H..WE BEEN SUED IN COURT. If you wish to defend against the"clailm senbrth in the following pages, YOll mllst take action within twentl' (201 days after this Notice and Petition are served, by entering a written ilpreilrance rersonillly or by attorney and filing in writing with the Court YOllr defenses or objections to the claims sel iorth against you. You are warned that ii you iail to do so the case milY proceed withollt you and a judgment may be entered against you by the Court without further notice for an\, money claimed in the Complaint or ior any other claim or reliei requested bv the Plaintiff. YOllmay lose money or property or other rights important to YOll. Defendant . IN DIVORCE . CIVIL .-\CTlON - l:\\\' ." " '. '. , ."J '" , LEE G. LEHMAN, --; ..-, NOTICE YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT H,WE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICIA Le han demandado a listed en la corte. Si listed quiere defenderse de estas demandas e\puestas en las paginas siguientes, usted tiene viente (20) dias de plaza al partir de la fecha de 1,1 demanda y la notificacion. Usted debe presentar lIna apariencia escrita 0 en persona 0 par abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demar-das en contra de Sll persona. See avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja 0 alivio que es pedido en la petie ion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA ,-\ UN ABODAGO IMMEDIATEMENTE. SI NO TIENNE .-\BOGADO 0 SI NO TIENE EL DINERO SUFIClENTE DE PAGAR TAL SERVIClO. VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECClONSE ENCUENTRA ESCRITA ABAIO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ARISTENClA LEGAL. CUI\IBERLAND COUNTY LAWYER REFERRAL COURT ADMINISTRATOR -1'" FLOOR, CUIvIBERLAND COL '-TV COURTHOUSE CARLISLE, P..\ '7013 (71712-10-6200 DOROTHY L. THOMAS-LEHMAN, Plainlif( : IN THE COURT OF CO,\IMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 99-1794 Civil LEE G. LEHMAN, : IN DIVORCE : CIVIL ACTION - LAW Defendant PLAINTIFF'S PETITION RAISING ADDITIONAL CLAIMS PURSUANT TO Pa.R,C.P. !j192Q,13(b)(2) OF THE DIVORCE COQf COUNT IV EOUITABLE DISTRIBUTION 15. Plaintiff repeats and alleges the averments contained in paragraphs One through Fourteen of the Plaintiff's Divorce Complaint as if more fully set out at length herein. 16. Plaintiff and Defendant possess various items of both real and personal property which are subject to equitable distribution by this Court. WHEREFORE, Plaintiff prays the Court to equitably distribute the marital property after an inventory and appraisement has been filed by the parties. COUNT V - ALIMONY 17. Plaintiff incorporates herein by reference paragraphs One through Sixteen as if set forth at length. 1 B. Plaintiff lacks sufficient funds to provide for her reasonable needs and is unable to support herself through appropriate employment. WHEREFORE, Plaintiff respectfully requests this Honorable Court to award inde;lIlile alimony. COUNT VI. CLAIM FOR COUNSEL FEES AND EXPENSES 19. Plaintifi incorporates herein by reipn-nee J"HolHr,lphs OnpthrouHh EiHhtepn <IS ii set iorth at length. 20. Plaintiii does not have suiiicienl iunds to pay counsel iees and expenses incidental to this action necessary to prosecute the same. WHEREFORE, Plaintifi respectfully requests this Honorable Court to direct Deiendant to pay Plaintiff's counsel fees and expenses. Dated: i~ /Lt (lTO 2 i IHlI!OTIIY I.. '1'llo~t.\S I.EIIM.\:-J 1'''" II t iff IN TilE ('Ol1ll'1' (l(o' ('or.l~ION I'I.EAS (l(o' ('II~llIlml.:\NIl ('(l\INTY, 1'I.:NNSYI.vANI,\ v. NO. !1!l.1 ill I ('1\'11. TEIl~1 I.Im lll.ENN I.EII~IAN Ill'fl'ndllllt IN IlIVOIlCE CEHTIFICATE OF SERVICE I. Shelley Eiehelher!:er. herehy certify that a true and correct copy of the Inventory and Pre-Trial Statement of Lee Glenn Lehman. Defendant in the above captioned malleI' was duly served upon Howard B. Kru!:. Esq.. attol'lley for the Plaintiff. hy depositing it in the U.S. Mail, postage pre-paid, on June 12, 2000, addressed as follows: Howard B. Krug. Esquire 1719 North Front Street Harrisburg, Pi\. 17102 I hereby verify that the statements made in the foregoing 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: G.?//JloD - ,- 0' '- n: ll-; G- r;; .>: " C': ~~~~ , , ,- ':.l~r: "-:.:J .r., :"" . to .. , . ;!~~ ~ "'I'l1 '-, :,:?n.. , I:'., ",:5 r..;.., () ::.. 0. G t,',. li, i?-: c.~ ~c ) :/- ; -) ;;r; " ~-j' : -~- - (:; '-- :-l 2i - .~ -:'J :f:..'1 .. ,- -r!=2 =..:.; .IJLiJ , .. ") }d!J... (5 <:':J ::i co> <..> DOROTlIY L. THOMAS LElIMAN, PlaintilT IN TlIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LA W LEE GLENN LEIIMAN, Dcfcndant NO. 99./794 CIVIL TERM ORDER OF COURT AND NOW, this /3 ~ay of April, 1999, upon considcration ofDcfcndnnt's Pctition for Spccial Rclicf, PlaintilT's Rcsponsc to Dcfcndant's Petition for Spccial Rclief, and PlaintilT's Pctition for Exclusive Possession Pursuant to 23 Pa. C.S.A. ~3502(c) and Pa. R.C.P. 1920.43, and upon relation of Samucl L. Milkcs, Esq., attorn.:y for Dcfcndant, that all issucs have bccn resolved by stipulation, the hcaring previously scheduled in this matter for April 12, 1999, is cancelled, and thc said petitions are deemed moot. BY THE COURT, J. Howard B. Krug, Esq. Nichole M. Staley, Esq. 1719 North Front Street Harrisburg, P A 17102 Attorneys for Plaintiff "~.o//?O<<1.d?u{ 1//'1/91. - L.U ..J.-{'. Samuel L. Milkes, Esq. 52 East High Street Carlisle, PA 17013 Attorney for Defendant :rc >- .3 ~ ~\i C> z: ,- (0;, j'J<f'. n :.>;-, ~,.. I ~~" :c c.):'~ r't' 0... ;., J:? . r.1l.~ 'JlC' .::~ (.;...- I ..1 _ ~~:.~, fl:Z c.: IIJIU 0:.:". 0... Inn. ~. ... ~, " a- :-.> u a- U ..; en..; ..;> ~...:l ...:l>< ... "'en z C ~ z ..;.... III ~z ::;:.... 'tl ~ O~ :I:.... C > ~'" ~'" <:J .... ...:lC .... en 0 . I .... <:J 0 -<l u>< en III 0 ...:l "" ..;.-< oen ~~"'> :I: ....en ~ :I:MO"IH E-< (!) E-<r>.1 E-<<II 0 0 >-fen ::;: . ~ ~ 5-Itn ZOOZ 0 en ~ rolO HUZ.-i 0 :> ...:l "'''' " , HIII,OCI"'....O"'I!I.'lIt"L9.~O ti'LII "OHI'N040:tA1doIIlfl'l\l'!)]lH'fIS"W .. DOROTHY L. THOMAS-LEHMAN, Plaintiff/P~titioner: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-1794 CIVIL LEE G. LEHMAN, Defendant/Respondent: IN DIVORCE CIVIL ACTION - LAW PETITION FOR EXCLUSIVE POSSESSION PURSUANT TO 23 Pa.C.S.A. S3502(c) and Pa.R.C.P. 1920.43 AND NOW, comes Petitioner, Dorothy Thomas-Lehman, by and through her attorneys, Purcell, Krug and Haller and files the following petition for Exclusive Possession: 1. Petitioner Dorothy Thomas-Lehman is 56 years of age and Plaintiff in the above captioned Divorce. 2. Respondent Lee G. Lehman is 48 years of age and Defendant in the above captioned divorce. 3. Husband and Wife were married on May 27, 1995, at which time the marital residence located at 418 Pawnee Drive, Mechanicsburg, Cumberland County, Pennsylvania was the sole property of Wife. 4. Thereafter, at the insistence of Husband, Wife agreed to transfer title to the home to both parties jointly. 5. At the time of marriage and until title was transferred, i . the marital home was unencumbered. Thereafter, the home was mortgaged to secure a Fifty Thouaand ($50,000.00) Dollar loan, which loan was uaed entirely for the benefit of Husband's buainess. 6. On or about March 13, 1999, Huaband moved out of the marital residence voluntarily and without prior notice to Wife, removing all his personal and business property, including a desk, hutch, file cabinet, chair and desk lamp. 7. It is believed and averred that Husband now resides at a home rented by hi.m on Grayson Road in Carlisle, Pennsylvania. 8. A few days after his departure, Husband returned to the marital home at a time when he knew Wife would be absent and removed a gas grill ($1,600) and significant John Deere tractor accessories for the John Deere Tractor ($10,000) he had previously removed. Wife purchased these items during marriage with her separate funds. 9. It is believed and averred that Husband intends to return to the property surreptitiously to remove other items of property. 10. Husband earns at least $50,000 per year as the proprietor of L & M Heating and Air Conditioning. 2 , 11. Wife earns only $7.00 per hour, twenty hours per week, as an insurance agent trainee, having left gainful employment as a sales representative with Cellular One at Husband's insistence. 12. Wife has little savings remaining, as she haa given Husband at least $81,000 over the course of the marriage for his business and personal assets. 13. Wife presently receives no financial support from Husband, although a complaint for support is outstanding. 14. In view of the above, Husband has a far superior ability to obtain another residence, and he has, in fact, rented a home and charged to a joint credit card significant sums for furnishings (existing home furnishings are Wife's premarital property) . 15. During the course of the marriage, Husband subjected Wife to intolerable verbal and mental abuse, for which she is receiving therapy and medication (Prozac and nerve pills) . 16. Wife does not wish to continue to be subject to harassment and mental abuse should Husband decide to return to the jointly titled property. 17. Reconciliation is not likely. WHEREFORE, Wife respectfully requests this Honorable Court to enter its Order granting exclusive possession of the marital 3 VERIFICATION I, DOROTHY L. THOMAS-LEHMAN, hereby verify that the facts contained in the foregoing PETITION FOR EXCLUSIVE POSSESSION are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. .l'(~,_-r/ ! &......"'1'-t./k-J DOROTHY 't. r 1v -P ,r. '"./b-...,,,,,,, ~ /~ THOMAS-LEHMAN DATE: "1/;/99 I I ... (n ;~: ~r. <"". ,.:::" (.~ , 1"< " J... , . j. , ... ..' ... ", 'J . , (0 , , ' I .1,_ IIJ('" L~:" 0:' :...ILj I': u.. " ll~ < ". ... <n .:> <:> <n (J .. . . ... . ...... ~'IL\I. 'O';<;;llII'"'IQ('IL9..m ,..,,1 00......0. Q').l'lrln~ WOlllUI'> ". .~ ...' ./ ~ ~ - ~ >l:l - . - g ~i 5 6 , . 0 S , ; ~ 5 " . ~ ~ AP~ 0 9 '99~J ... # owns Husband's service business, L&M Heating and Air Conditioning (hereinafter "L&M'). Wife cannot operate L&M, at! she has no expertise. It is believed and averred that Husband operated L&M dB his solely named property, and documentation reviewed supports this. During the short course of the marriage, Husband received sums well in excess of $80,000.00 from Wife's pre-marital cash and realty holdings. Husband has never accounted to Wife as to his use of these funds. When Husband left the marital residence for the final time on March 13, 1999, he gave Wife money to pay the monthly mortgage. In addition, he gave Wife a separate check for $900.00, which Wife deposited, giving Husband $200.00 on the same day. Wife retained the balance of $700.00, understood to be support and maintenance for non-working Wife. On March 18, 1999, Wife paid the monthly mortgage with the sums Husband gave her and closed the checking account, transferring the balance of $1753.85 to a new account in her sole name. See copy of First Union National Bank receipt attached hereto as Exhibit "AU. Of this transferred amount, $1296.45 came from the redemption of Wife's non-marital 401K plan with the balance remaining for Wife's support and maintenance. See copy of itemized account history attached as Exhibit "B". 2 ... - In a post separation effort to protect her remaining non- marital funds, Wife transferred to a new account the 401K non- marital funds previously deposited i2L convenience in the joint accounts, as stated in 4(A), below. She also transferred the remaining checking account funds to provide for her necessaries, as previously stated. (A) Denied. It is admitted that on March 18, 1999 Wife transferred said sums to a new account in her own name. However, by check dated February 25, 1999, Wife withdrew all sums from her non-marital 401K plan, receiving $22,296.45 (net). For convenience purposes $10,000.00 was ultimately deposited in the joint savings account and $12,296.45 into the joint checking account. See Exhibit "B". By virtue of Husband's anger-filled cursing, and intimidating outburst, combined with menacing conduct, Wife fearfully tender to Husband a check for $11,000.00 on March 6. 1999. On March 18, 1999, Wife transferred $15,090.96 from the joint savings account to a new savings account in her sole name. See First Union receipts attached as Exhibit "C". Of this came from Wife's 401K redemption, and owing to Husband's already having received 3 .. '. accounts, except those unaccounted funds and accounts under Husband's control. 5. Denied as stated above in paragraph 4. It is denied that these accounts contained sums contributed by Husband after marriage. In fact, as a result of this marriage his representations, Husband received over $80,000.00 as follows: (B) $50,000.00 from a mortgage loan on Wife's home; (C) $20,000.00 from Wife's premarital savings (two checks of $10,000.00 each); (D) $11,000.00 on March 6, 1999 from Wife's premarital 401K, as a result of Husband's cursing, intimidating outbursts and menacing conduct. Much more was either expended for the benefit of or given to Husband from Wife's premarital accounts, including but not limited to sums expended for Husband's business, personal needs, health, and grooming. It is clear that Husband has extracted for his own use, without any accounting, sums far in excess of 50% of the marital property. Husband has a premarital business from which he annually earns in excess of $50,000.00. Husband represented to Wife that a written agreement signed by the parties made this business jointly owned, providing consideration for Wife's transfers. 5 . ~ However, Commonwealth of Pennsylvania records and the latest Schedule C show Husband to be the solc owner. See Exhibit D hereof. Since separation, Husband has not advised Wife as to the status of the business or otherwise accounted to Wife. 6. Denied as stated. The so called marital accounts were Wife's prior to marriage. Wife is unaware of the extent of Husband's knowledge; however, to Wife's knowledge, Husband himself paid related invoices, and Husband has the means to confirm this. Husband provided only relatively minor household money prior to 1999. Wife did pay many bills, as Husband did not regularly have sufficient sums to do so. 7. Denied as stated. It is admitted that Wife did not ask or advise Husband of her removal and transferal of her non- marital funds from banks, as previously stated. She only sought to protect her own funds, retain sums for her necessities, and prevent Husband from dissipating same. Husband has already received more than his fair share of marital funds. 8. Denied. Wife has no knowledge of the marital debts to which Husband refers in this allegation, other than debt created for Husband's sole benefit. Husband has apparently dissipated most of Wife's non-marital and premarital funds while retaining his business accounts and earnings. Husband is now attempting to 6 . ~ collect and further dissipate Wife's non-marital 401K and other remaining assets. 9. Denied. Husband has received and somehow dissipated in excess of $80,000.00 of Wife's premarital money and his business assets, without providing an accounting. Husband has means equal to those of Wife to review what has occurred in joint accounts. Husband left what was formerly Wife's solely owned home without making any firm arrangements for Wife's support or the mortgage payment. At Husband's insistence, Wife had retired from her employment in November, 1998 to remain at home and help Husband. Wife now has very little left for her own needs and support. Husband has received too much already. To the extent Wife removed any funds not needed for her basic expenses post separation, such funds either are non-marital or have been retained and will be held available for divorce proceedings. However, there is really no marital money remaining. See paragraph 4 a-c, of Wife's Answer. 10. Denied as stated. It is admitted that Husband is self- employed and that prior to separation Wife purchased out of her former funds a fax machine for the horne, Husband left the marital home and did not remove the fax machine with his other equipment and personalty. Husband is certainly welcome to this 7 fax m<1chi,np r)nc~ It tVHl br''''n 'lppr,llflf':,d .lnd "lccount(-~ri for in the divorc~. 11. IJI".nlr.d ol~1 :It .,rr'd. Ii i:" Irlmit:t:prl thi'tt hot:h partloA ,\re f1irJn.ltor1.p[lj 1l()'N~'I"'r, 1IlJnhand 1-"'Cr-1VAd i.he ~"!ntire pror:eedn of the SC,O,OOO.OO mortgMlf' t.lkf'n c1'1ainflt Wife'[l pre-marital home, and he never accounted for th~ clpplication of the sums received. Husband r>arned in (>Y.C~~Hl qf :;;S0,OOO dnnually in 1998, 'Nhile Wife cur~ent1y earns $61 per week. Husband should be found solely responsible to repay this loan. A Domestic Relations support conference is scheduled for April 13, 1999 in Cumberland County. 12. Denied as stated. Prior to marriage, the mortgage free marital residence and furnishings belonged solely to Wife, and Wife did not transfer to Husband any ownership interest in the furnishings. Thus, Husband having purchased nothing in the way of furnishings or contents for the home, a video of same would appear to have no relevancy in a divorce proceeding. Husband's failure to request such despite three months of alleged separation demonstrates that this is nothing more than continued harassment. Furthermore, Wife has already filed a Petition for exclusive possession, which is now pending. Wife will cooperate with respect to inventorying anything deemed relevant, as long as Husband does the same with regard to his asset records. 8 I:: . . 13. Denied. On the advice of counsel, as a result of Husband's unrevealed business practices, it may not be in the best interest of Wife to execute a joint tax return. A copy of the just-received return is now being reviewed by Wife's independent Certified Public Accountant. Until such advice is received, however, Wife will not execute a joint tax return, owing to liability implications and a potentially more favorable tax result achieved by filing a separate return. WHEREFORE, Respondent requests that this Honorable Court dismiss the outstanding Rule. NEW MATTER 14. Paragraphs 1 through 13 of Wife's Answer is incorporated herein by reference thereto. 15. This is a short term marriage, which extended from May 27, 1995 until January 25, 1999, as per Husband's allegations, a period of less than four years. 16. In November, 1997, Husband received $50,000.00 as a result of a mortgage taken out against Wife's premarital home, previously deeded by Wife to the parties jointly. 17. Additionally, Husband received two separate checks from Wife's pre-marital money of $10,000.00 each, a total of $20,000.00. 9 .. . 18. Husband also received on or about March 6, 1999, after Husband's alleged date of separation, the sum of $11,000.00, which had been taken from Wife's pre-marital 401K plan. 19. Significant non-marital assets of Wife were placed in the name of Husband as a reuu1t of the latter's representations and promises to Wife. 20. Husband advised Wife that he would place his pre- maritally owned sole proprietorship in joint names, thereby furnishing consideration for Wife's transfer of her non-marital assets to Husband; however, Husband is the sole operator of the business and Wife has no service or business expertise. 21. Husband never revealed to Wife the true financial status of his business or its real value. 22. Husband has been married three times; whereas this is Wife's second marriage. 23. Husband is 49 years of age; whereas Wife is 57 years of age and will retire much earlier. 24. In November, 1998, as a result of Husband's insistence, Wife left her position of employment to help Husband. 25. Wife was emotionally abused by Husband during the marriage and is currently under therapy for resultant stress. 26. Wife's current income from her post-separation 10 ~ . employment totals $61.63 per week ~. 27. Husband has never accounted to Wife for the funds he has taken or otherwise received from her - exceeding $80,000.00. 28. Husband is and has been dissipating marital assets, formerly belonging to Wife. 29. Based on her fears, Wife took steps to protect her remaining assets, which she brought into the marriage and which will most likely be awarded to her by a Special Master. 30. Husband has no right to any of Wife's 401K money or other non-marital assets titled solely in Wife's name since the date of marriage, and the $11,000.00 he received prior to separation by virtue of his intimidation should be set aside and returned to Wife. 31. It is believed and therefore averred that Husband obtains through his self-employment sums in excess of $50,000.00 per year. See Husband's 1998 Schedule C attached hereto in Exhibi t "D". 32. After separation, Husband charged over $1611.20 to a joint credit card for the purchase of furnishings, despite his ownership of a credit card solely in his own name; thus, Husband continued his devious plan to garner all of Wife's assets and credit for his own benefit. He has by this action improperly 11 . . created post-separation debt for which Wife may be held responsible. See Exhibit "E". COUNTER PETITION FOR SPECIAL RELIEF 33. Paragraphs 1 through 32 are incorporated herein by reference thereto. 34. Since Husband has been out of the home for some time and has no interest in its contents, with the exception of a proffered interest in a fax machine, Wife should be awarded exclusive possession of the marital home, premarital1y titled in her name, pursuant to her separate Petition. 35. Husband has never accounted to Wife as to how he has utilized the funds he has received, and he should be ordered to account for his use of same since May 1995. 36. Husband should also be required to support Wife until such time as the Domestic Relations Office of Cumberland County has issued an appropriate Order for her support and maintenance. 37. Husband should also be required to continue to pay the entire monthly installment on the home mortgage, owing to his receipt of all of the borrowed funds and Wife's current employment situation. 12 .. , 38. Husband should be held solely responsible for the sums charged to the General Motors MasterCard of approximately $1611.20. See Exhibit "E" attached hereto. 39. The $11,000.00 Husband received from Wife in March 1999 should be either returned to her or placed in an account where Husband cannot expend same, as such is her separate property. 40. Husband should account to Wife as to his operation of L&M since marriage. WHEREFORE, Wife requests that this Honorable Court issue an Order providing: A. That Wife have exclusive possession of the marital home; B. That Husband shall continue to pay the scheduled First Union National Bank monthly mortgage payment on the marital home; C. That Husband shall pay his post-separation incurred bills and charges; D. That Husband shall account to Wife and her chosen experts with respect to: i. His operation of L&M since marriage; ii. His use of marital funds; 13 . E. For any other and further relief this Court deems appropriate. RESPECTFULLY SUBMITTED: Date: II J /7( --.. ., .- C"" ~."g , " l>. By: i(/,,( d '. .. Krug ,.'ESquire I" . # 16826 1719-N;rth Front Street Harrisburg, PA 17102 717 234 -4178 Attorneys for Petitioner 14 j , l Exhibit A . . . FIRS" UIUON NATIONAL BANK RIVERSIDE Harrl!.b\Jr!l PAYMENT TO ACCOUNT: AMOUNT uJ'IB/99 85397 0233 6600266576 $1,010.90 n 69 Re~'Jlar Pa'JJllent $1,010.9(' DEP(ISIT TO ACCTIl 1010006234616 AMOUNT $1,753.85 03/18/9? 85397 0233 ~ 69 Time: 12:36 PM c , Exhibit B Exhibit C itj '., ...."..1... _...._._ exhibit 0 (i) Profit or Loss From Business 1101. PtoprIIIOl.hIPI 1998 .. P"'n,,,hlp., Iotn. Vlnlu,." .Ie" mUll nil 'orm loel Of Form 1011-0. .AdlC.hmlnl ... Anach 10 Form 1040 Of 'orm 1041. .. S.llna'ructlon,'Of khldull C Form 1040). So~.nc. No 09 Soclll..curlly numbtr IUIlI 87- - 55 G Old you -malerlaU)' plltlclpll.-'n lha opI,aUon 0' Ihl. bUlinut during 10981 II-No,- see pig, C-2 for limit on kJSSltS . . . . . .. ~ V.. ,H No H Ityoutl4l1.doracqulredfhlsbullnasfdu,lng 199B,chackhafll.................................................,.,.. ," I Part I I Income 1 G,O.I roceipl' O( ufOl. Ciullo": II Ihls Income was ,epor1ed 10 you on Form W-2 and the .StalUlory empkJYI'- box on Ihal 'orm was checked. seo pag! C"3 Ind check her. . . . . . . . . . . . . . .. 0 1 427 624. 2 Rllurn, .nd ,llowanc... .. . . . , . ... . , . , . , . , , . .....".............. ...........""....... 2 3 Subtllet line 2 from line 1 .. . .. . ... . ..... . . .. . ..... .... .... . . . . . . ......... ... . . ,.. , ... ,.. 3 427 624. 4 CoSI of goods sold (from line 42 on page 2) . . , . . . .",......,................................ 4 250 215. 5 OrOIl proflL Subttaclllne 4 from lino 3 . . "... ........................,......,.,......... 5 177 409. 6 Olher Income. including Federal and SlalO gasoline or luelliU credil or refund (see page C-3) , . . . . . . . . . 6 7 aross Incom~. Add lines 5 and 6 . . . . . . . , . , , . . , . , . , . ... . . , , . . , , . . . . . . , . . , . . . . . . . . . . . . . . . . 7 177 409. I Part III Expenses. Enler expenses for business use olyour home onlv on line 30. 8 Advertising. . . . . , . . . . . . . . . . 8 36. 19 Pension & pront-sharing plans. 19 9 Bad debts Irom sales or 20 Renl or lease (see page C-S): services (see page C-3) . . . . . 9 a V,hlcl".lIllchllllr,.llIdlqu'pllII"1 . 208 162. 10 Car and Iruck expenses b Olher business property . . . . . . 20b 4.885. (.ee page C-3) . .. . . . .. .. . . -J!]- 21 Repairs and mainlenance . . . . . 21 11 Commissions and lees. . . . . . . 11 22 Supplies (lIol..,clud,d ill p." Ill) . . . 22 55. 12 DepleUon................ . 12 23 Taxes and licenses. . . . . . . . . . 23 5 596. 13 Depreciation and seclion 179 24 Travel, meals, & enlertainment: expense deduction 1"0' illclud'd a Travel......,............. 248 i" PI,I 11I11..' pig' C.., ......., 13 15 749. b Meals and 14 Employee benefit programs entertainment (olher Ihan on line 19) . . . . . . . 14 1 866. cEnter 50% of line 24b 15 Insurance (olher Ihan heallh). . 15 5,351. subleelto 16 Inleres!: llmitallons ',uplg,C-el. 8 Mongage (paid 10 bank.. elc.). 16a d Sulllract line 24C from line 24b . 24d bOlher... ................. 16b 8 109. 25 UUlllles................,.. . 25 372. 17 Legal and professional 26 Wages 1111. 'IIIpIO,III,"1 cf'dllll. . . 26 63,842. services........,....,... . 17 2 795. 27 Other expenses (from line 48 on 18 Office expense. ............ 18 524. page 2) .. .. .. . . . .. . . . .. . .. 27 14.L416. 28 Total expenses belore elCpenses for busIness use 01 homo. Add lines 8 through 271n columns.. . ... . II'- 28 123 758. 29 TentaUv8 prolil(loss). SubllacllJne 28 from line 7 . . . .. . ..... . .. . . . . . . . . . .. . . . . . .. . . . . . . . .. , . , , 29 53 651. 30 Expenses for busIness use of your home. Altach Form 8829.. . ......................,.......... 30 31 Ne' prom or (10"). Sub~eclllne 30 ~om line 29. . If a profit, enler on Form 1040, line 12. and ALSO on Schedule SE,llne 2 (statulory employees, SBe page C-6). Eslales and trusts, onler on Form 1041, IIn03. 31 53 651. SCHEDULE C (Form 1040) D""IIII'''''''''.'""",, 1fI1""""'''''.'S''IM' I'" Nome 01 proprlllOr LEE G. LEIlMJ\N A PrincipII bUllne.. or prOlllllon,lncllldlng p,oduCI or .erv~'1111 P'OI C.,) SERVICE HEATING & AIR CONn C aulln... name. II no lepll'at. bu.In... name, Iel..,e bl.nIc, L , M HEATING , AIR CONDITIONING E .d~::' . POBOX 12 cilY,ll.il. ZIP CARLISLE", PA F Accounung melhod: (1) U C..h 17013-0012 (212!1 AcClull (310 Olher (.p",Iy). . II a loss, you MUST go on to IIno 32. 32 If you have a loss, check the box thai describes your Inveslmont In this activIty (see page C-6). . II you chocked 32a, onter tho loss on Form 1040,IIno 12,and ALSO on Schedule SE,IIne 2 (statutory omployees, sea page C~6). Estates and trusts, enter on Form 1041,IIno 3, . If you checked 32b. you MUST aUaeh Form 6198. For Paperwork Reductlon Act NoUca, see Form 1040 fnstruellons. CAA 8 C12 NTF 111g.4 GLO 2852 4437 0"'IH,.II4I,"'4 1 0 o Employ", ID no.IEINI. " .IIY 23-2306323 } } 32a B All InVeSlmBnl Is al fiSk. 32b Some Investmont Is not Btrisk. Schedule C (Form 1040) \998 LEE G. LI.IlMAN Schedulo C (Form 1040 Ins Plrt III COlt of Good. Sold (II. PI . c.7J 33 Molhod(I' .11d III lo... 01 COil Othor ('"0<11 VMlI cIoling 1n..",OI'f: I ~ eoll bOor milk", C 0 "'I"..llIOnl 34 Wu IIlofI Any ch'''lQIln dllt,minlno qul"UIJoI. COlli. or vMlllIon. bllWlln OPining And cloling InVlnlOry111 *'(1t:.aech..rpl,lnluon.........,.......... ".. ............ 0.............. lB7-44-95~2 p 2 35 Invenlory.t boglnnlnu of YOat. If dlllufonl 'fom lasl year'. Cloling Inventory, In8th ..plan'llon, , . o VII ~ No 35 38 fJurch....I... cUlil olllem. withdrawn for pellonal uti, . . , . . . . . . . . . . . . . . . . , . . . . . . , . . . , . . 30 37 eol. o'labor, Do nollnclude Iny amounts plkJlo you,..I' , . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . 37 38 Mallflalslndlupplies.... .... ,.....',. .......,..,...."... .... ..... .... ..........,. 38 39 Olh.,co.... ............................ ..................... ..................... 39 40 Add Iln.. 351htough 39 ...... ... .. .... ............... . . .. . . ..................... . .... 40 41 Inventory II end 01 ve., .. .. .. ... . . ... . ............... .... . . ......... ... ......... . .... 41 5,516. 2 4 3 ..l1!.:. 5 940. o. O. 254 '}60. 4 145. 42 COl' 01 good. 10hJ. Subllacl Une 41 from line 40. Enlllllheresull here and on pa e 1,IIre 4 ........ 42 250 ~: 1..2.:. Part IV Informal/on on Your Vehicle. Compl." this pert ONLY "vou llIe cl.lmlng elll o"uck e'p.nse. on line 10 and are nol required 10 file Form 4582 for lhfs business. See Ihe Inslrucllons for line 13 on page C-4 10 find oul il you musl file. 43 When did you place your vehicle in service for business purposes? (monlh, day, yeat) ... 44 O( Ihe lolal number 01 miles you drove your vehiclo during 1998, onler the number o( miles you used your vehicle for: 8 Business b CommuUng cather 45 00 ,/ou (or your spouse) have another vehicle available for personal use? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0 Yes 46 Was your vehle1!') available for use during oil-duty hours? " . . . . . . . . . " . . , .. . . . . . . , , , .. . . . . . . . . . . . . . . . . . 0 Yes 478 00 you have evidence to support your deduction?.. ." . " . . . . . , . . . . . . . , . . . . . . . , . . , . . . . . . . . , . . . .. . . . .. 0 Yes b If "Yes,-Is Ihe o'/ldence written? . . . . . . . . , . , , . . . . . . . . , , , . , , , . . . . , , . . . . . . . , , . . , , . , , . , , . . . , . . . . . . . . ., 0 Yes I Part V c::::Qlli'f,U Ex enses. list bolow business expenses nollncluded on lines 8-26 or Une 30, Outside S~rvices Freiqht & Postaqe Telephone Vehicle Expense Small Tools 48 Total other ':xpenses. Enler here and on pago 1, line 27 "" . , ,. . , ......., ,..,., ",.,. , . .,. , 48 CA'" 8 C12 NTF 11l'll4~ GLO 2852 U." Olio ON" ~ 067. ,124. 5 399. 7 ~ 1,69. 14 416..:. exhibit E , . . . ~"'IlInl~..t...ncmlloa b (lI,I Canl eu.tomo< c.m. I' 0 Gu. 8OOlIl. SoIonM. CA iJilfWoV USA 1100 IHI.II))) 0I.I1ldo USA ICoIotli 111111l_ ACC_' II 1417.... "'. ..s. . \.~t. . Now 011...... PIYrnonl R_I... lIy U1Nmum P.'(ment Due ..........,.,...... 'hlOlle", In'" Amount (n(loWd ",611.21 IV12,,, US." $ 1..1.1...11.,1.11"1.1..1..,11.11...11...11,,,,11..1 THE OH CARD PO BOX aaooo BALTIHDRE HD 21288-3000 DOROTHY THOHAS-LEHHAN LEE 0 LEHHAN 418 PAWNEE DR HECHANICSBURO PA 17055-2580 0003300 01bl120 S437000S04~1013b 4 Cn'llil ClIl'd TI'lIllSIII'1i1l1l SlIlIlIlIlIl'I 01-" 02122~/1" ~~~~;-~~~:::~~!!~_J=:~;~~-~-I- i~;;~~~~~=~J=~~~~~;:.~-.A;;~~~j~-.I~-A~:I:~b;;;~~~'~~~=. ,,"111\1 T,....1CttOft AlfwflnclllumM' 0... ON ___ _ .~tc!.~"..._._... _.__m.____._+_ _ __ _..,~tl\CIlIIlt________. -iiT'9iil1002ioizlsoitfozi'l-osi2:i--is,h---SIIlIlAH'S fURNITURE STR CARLISLE PA ",611.20 (iM (:m'd ElIl'nill~s StIIlllIIlIl',\' p,.v1OUl(Jrnllltl' Elfnlng, Atellwel AdditioN! E.rn~. E.r"lllt' AdJllltmln'tI Curr.nt PerIod E.,nl;;; rN-'~ E_ ;_'f~i~g~-_T;bi-'--'- tlO.S6 tl.OO tl.OO 0.0.56 '--_ $123.08 An"IvIr1~;YV:T-:-oE;;;nt~- UI-'lrne Elr"lng-;~R;;..m'd- 'When you'ro ready to redHm your-OM CardEar,"lngstobuyor-- I.as. an .lIglbl. new OM car or huck, call us al 1800947.1000. $1 066.05 _!~~,P2 Mnl.,.rI.ryO.te 0~/0~/199~ 0100.78 ---CI'('llil CIII'! SIIIII 11I11 1'.\' Ave'IG,O.llyB.I.nc. o.lIy P"illdle R.~ Hllmln.1 Annu.1 PIlt'Clnt.g. R.I. FINANCE CHARGE Annu.1 PltClnllt. A.l. Acc:ount Summary PURCNASlS CA~H ADVANCES 00.00 00.00 .O~9n .OS~2% IS.15% 19.80% 00.00 00.00 0.00' 0.00' P'....iolll B.I.nt. P....men'..nd C,.dlla 00.00 00.00 Pure"'... .nd Debi', + $1 ,611.20 __ __ __ _______,___u__ __ ___ _ ____,___ _ __u______ PII' Duo Amoum Minimum P....rnent 0", N 0..,. Thl, BllIll1ll Cycr. .0.00 0".00 5 -1- _u__un --- P....lT\ln'R.q"'.t.d By 0~'12199 FlnlnC' Chug. + 00.00 $1,611.20 N.wB.I.ne. - nOnOTIIY '1'1 lOMAS LI':IIMAN. Plllinliff : IN TilE COllnT OF COMMON PLgAS :CUMB1~ltI,,\ND COUNTY, PENNSYLVANIA i_ v. : NO. !l!I.17!lol CIVIL TERM LEE GLENN LEHMAN, Ocfendnnl : IN DlvonCE ORnF.R APPOTNTTNr. M~ ~NOW, this It! PI day of ~ 2000, F: ~~ ~~., the Divorce Master of Cumberlan County, is appointed master with respect to the following claims: A. Divorce B. Equitable Distribution iliac-teLL;n aA'Jtl^J) /flj1JllJ ~ .J'/I.'CO /KK3 CUMBERLAND COUNTY. PENNSYLVANIA DOROTHY L. TI/OMAS LEI/MAN. Plaintiff :IN TIlE COURT OF COMMON PLEAS OF :CUMBERl.AND COUNTY. PENNSYLVANIA v. :NO.l)')-1794 CIVIL TERM LEE GLENN LEHMAN, Dcfcndant :IN DIVORCE MOTION FOR AI'I'OINTMENT OF MASTER Lcc Glenn Lehman. Defendant. by his attomcy. Samuel W. Milkcs, moves the Court to appoint a master with rcspeclto the following claims: (X) Divorce (X) () Annulment ( ) () Alimony ( ) () Alimony Pendente Lite ( ) Distribution of Property Support Counscl Fees Costs and Expenses and in support of the motion slatcs: (I) Discovery is complete as to the claims(s) for which the appointment ofa master is rcqucstcd. (2) The plaintiff is rcprcscnted by Howard Krug. Esq., and dcfcl1dant is represented by the Samuel W. Milkcs, Esq. (3) The statu lory grounds for divorce arc under Section 3301 (c) and (d) and the parties have already been separated for approximately one year. (4) Delete the inapplicable paragraph(s): (8) TAG 3StisR i3 I,ot ~3Rte3ted. -(b) A R agreel118At Ras been reaehed ':lith respect t6 the fsll6wiAg 6Iaim~: (c) The action is contested with respect to the following claims: Equitable Distribution (5) The action docs not involve complex issues oflaw or fact. (6) The hearing is expected to take one-half day. (7) Additional infonnation, ifany, rclcvant to lC motion: Datc~ ~. BY: amucl . Milkcs, Esq. JACOBSEN & MILKES 52 E. High Street, Carlisle. PA 17013 (717) 249-6427 Attomcy No. 30130 Attorney for Defendant DOROTHY L. THOMAS LEI-IMAN, Plainti IT INTI IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA I I . i K. v. CIVIL ACTION - LA W LEE GLENN LEHMAN, Dcfcndant NO. 99-1794 CIVIL TERM 0- I ORDER OF COURT AND NOW, this 301Lday of March, 1999, upon consideration of Dcfcndant's Pctition for spccial Rclicf, a Rulc is issucd upon the Plaintiff to show causc why thc rclicf rcqucstcd within thc pctition should not bc grantcd. Said Rulc is retumablc at a hcaring to be hcld on Monday, April 12, 1999, at 3:00 p.m., in Courtroom No. I, Cumbcrland County Courthouse, Carlisle, Pennsylvania. PENDING thc above referenced hearing, the Plaintiff is directed not to payout, distribute, or otherwisc transfer any cash, bank accounts, savings accounts or other invcstments currently under her control or possession and constituting marital property, with the exception of any monies received by the PlaintilTas a result of her employment. BY THE COURT, Dorothy L. Thomas Lehman 418 Pawnee Drive Mechanicsburg, P A 17055 Plaintiff, Pro Se , .., 0 ) ";1 '. j J '.:'1 ..J .~'n }~ J. .- , dI .:0 :~) ...:n ~~ >) ~ j .!-- ~ Samucl L. Milkcs, Esq. 52 East High Strcct Carlislc. PA 17013 Allomey for Dcfcndanl :rc ,,_'-'. "'.......eL/... 3/:>,jQQ'L) ~a--u"'" .~.'J' . b. One checking account with a balance 118 of March 13, 1999, of approximately $3,378.00. c. Other various accounts known by Wife but not yet known by Husband. 5. These bank accounts contain marital funds and are believed to represent the only CllSh amounts which are likely to be viewed as marital property, in the context of " a marital property distribution. 6. During the course of the marriage, Respondent was responsible for the day. to-day maintenance of marital accounts and paying of bills, such that Petitioner hll8 not always been aware specifically the location of these accounts or their balances. 7. The withdrawal of funds by Wife occurred without the knowledge or consent of Husband and was only discovered by Husband by his contacting various banks. 8. Husband has living expenses which require access to various funds and he hll8 various debts, including marital debts, which he is paying. 9. Because Husband immediately needs funds to meet current expenses and because the funds withdrawn by Wife are believed to represent the only cash available for any marital settlement, Husband respectfully requests of this Court that Wife be required to account for all marital funds which existed in calendar year 1999 and that to the extent she withdrew any funds, Wife be required to pay to Husband one-half of all funds withdrawn, unless she can demonstrate these funds have been used for marital expenses. 10. Husband is self employed and is in need of certain equipment required to continue his business. A business fax machine is currently within the marital residence, in the possession of Wife. Husband requests this Honorable Court to direct Wife to provide Husband with this fax machine so that he may continue operation of his business. 11. The parties are both obligated to pay on a home equity loan but to date are not In agreement about who should pay on this loan and in what amounts. Husband requests that the Court determine how this loan should be paid, pending the divorce decree. 12. Presently, the parties are joint owners of the marital residence. While Husband hll8 the right to enter the residence, this will cause the setting off a burglar alarm and unnecessary disruption. Husband needs to inventory the contents of the home by video, and requests that an Order be entered, specifying a time and date when he may enter t.he home for this purpose. 13. The tax returns for a joint filing of the parties have been completed by Cohick and Associates. They need to be signed by the parties and payment totalling approximately $4,000 must be made by April 15, 1999. Husband is in need of a determination that these documents be signed and that the parties share in this expense. WHEREFORE, Petitioner respectfully requests that this Honorable Court issue a Rule upon the Respondent to show cause why the relief requested herein should not be granted and pending such hearing, Petitioner requests of this Court that the Respondent be directed not to payout, distribute, or otherwise transfer any cash, bank DOIlO'l'IIY L, 'I'1I0MAS LEIIMAN: IN 'I'lIE COUIl'l' OF COMMON PLEAS OF Plainliff :CUMlllmLANIl COUNTY, PENNSYLVANIA v, : NO, 99.179.1 CIVIL TEIlM LEE GLENN LEIIMAN Defendant : IN DIVORCE ANSWER 'fO PLAINTIFF'S COMPLAINT IN DIVORCE COMES NOW, the Defendant in the above entitled action, by and through his attol'lley, Samuel W, Milkes, Esquire, JACOBSEN & MILKES, and in response tu the Plaintiffs Complaint in divorce as avers as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Admitted Admitted, Admitted, . Admitted '" Admitted '..1 Admitted ", :':J .. -0 .,~ Admitted Admitted Admitted. Admitted Admitted 12. Denied, Specifically, the Defendant denies that the Plaintiffs conduct renders her the "innocent and injured spouse," thereby able to make this claim, 13. Admitted >- (", ;-- C~ C ~~ LJ~~' f."- ..' (-~ . ~,-::. -,- ~i~-- 0' 1.-.-, C..: I~l' _., u..: " -') L'- C1 U U e-' DOROTHY L. 1'HOMAS-LEHMAN, PLAINTIff' IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-1794 CIVIL vs. LEE G. LEHMAN, DEFENDAN1' iN DIVORCE VERIFICATION I, DOROTHY L. THOMAS-MILLER, hereby verify that the facts contained in the foregoing INCOME AND EXPENSE STATEMENT are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. D (:) n " ..., -q =-.:" 5::-: "'tJ{ [I}f '- , , :!:':-:: I .' - , ef) '. . ..' r~' ,. , ~') ,- .",J , .-:; ,-' , -r', r'; ...- c) );.. c'o. r- ;-~j,q ~~ :-:1 .~ :;;J -.. - -< rrJ. ____ /::7 1V ~. I//,tf~ .r-. '---'ff......,...... - - DOROTHY L. THOMAS-LEHMAN DATE: (L""" (/ I.'? ..;;wv'" , DOROTHY L. THOMAS LEHMAN, PlaintilT IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION. LAW LEE GLENN LEHMAN, Defendant NO. 99.1794 CIVIL TERM ~L ORDER OF COURT AND NOW, this ~ i.1 day of June, 2000, upon consideration of Defendant's Petition to Enforce Stipulation, and of Plaintiff's Response to Petition to Enforce Stipulation, a hearing is scheduled for Monday, August 7, 2000. at 2:30 p.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle. Pennsylvania. BY THE COURT, Howard B. Krug, Esq. 1719 North Front Street Harrisburg, PA 17102 Attorneys for Plaintiff .~ ~'lq,DO ~y..S n (-.. :'~) c: C;J , I <:.. ., -::~ i - -- " t-j , , . t: ; '.J r: < .. . . ;,-. , . '. ..;;. " .' ",J I .. .~, v ~ Samuel L. Milkes, Esq. 52 East High Street Carlisle, P A 17013 Attorney for Defendant :rc '-- I.ll ,>. ~~ ~. ; . c" ~:.; r' r,", . .f" , ) ..J:; ! ,'. " " ,,- "._J ',,") o"J I I ~. ;:. '~ L_ .:;',.1 ,. ::":j .'J-J.. 11- t:'"'l ::; U C, (J ,.; :z: .4 ::> ..::> j i'I>-=l ~>< ::l a..:n Z a.. z ~ OH ~ ZZ ~ :<: E-<E-< Oi'l :I: Ul :!ja. i'I i'lr.. E-< :.:l "" E-< -'lr.. Z Uli'l ::> - 4 <I: ZU W:>< ~ {J):-t -0 OC:: 'l:I :< H <I:Z ZZ 1><0 ~:.: > ;:;:H <I:r.l Ul~ ~ O::J H 0<:: ::;:~ ~~ ::> u :I:..:i :I:r.l ~U :-0 a. r.l0 c:: <I' ..:i Ul 0 ::JO a-r.l . E-< 1 oz '-W ~ Z i::< WO<: .-;C:: Z ~Z ~ " 0 :>< r.l HO i'l0:: a-> :I: ..:i E-<H ~ :I:.>l a- ,4 E-t '-' :Z:E-< i:....~ 0 0 HH ::;: 0:: r.l jij z::; OZ 0 :n r.l H':.) ZH 0 > ..:i 1><1>< . ' part hereof as Exhibit "B". The title itself is made a part hereof as Exhibit Me", which shows that Mr. Lehman himself paid off the existing encumbrance on the vehlclo on April 27, 1999, tile ~uurCe of which funds is unknown and has never been revealed. Upon receipt of Exhibit "B", counsel spoke and Mr. Milkes was advised that either owner could continue the vehicle registration. During that same conversation, Mr. Krug addressed Mr. Milkes' November 10, 1999 letter reference (Page 4 attached hereto and made a part hereof as Exhibit "A"), to his client considering bankruptcy, advising Mr. Milkes that in view of such a possibility, it would be inadvisable for Mrs. Lehman to transfer her interest in marital assets to Mr. Lehman. Mr. Milkes was told that Mrs. Lehman would assist by signing the registration, if such is needed, and it was suggested to Mr. Milkes to have the registration brought to Mr. Krug's office for signature. Subsequently, by telephone conversation of November 23, 1999, initiated by Mrs. Lehman's legal agent because the registration had not been received, Mr. Milkes confirmed that all appeared fine and he would advise if there were a problem regarding registration renewal. No such communication to this date was ever received, and it was assumed that the registration due for December 1 was completed in a timely fashion. Mr. Lehman has had complete use of the subject vehicle since. 2 '(';-10-1979 09'2\1 JRCO~ .. MIU<Ei '111 .:..~ tIol.: 1 1-. u.: 5.lI1uol W. Mllkes Andrea C. lacoblen JACOBSEN & MILKES S2 Eaar Hl&h Slreet Culisle. PA 170/J.J08S Tel 717-249.6427 Fax 717.249-8427 . November 10, 199!.l HOWlud B. Krull', Esq. 1719 North Flont Street Harriaburr, PA 171(12 RE: Lehman. II. Lthman Dear Howard: Lonr ago, the parties hlld reached an agreement about the truck title and I am simply trying to implement this agreement. The title was provided to you in April and wc have still not received it back. In the meantime, for unexplained reasons, we have discovered that Farmers Natiunal Bank had an additional title. 1 am furwarding that to you now, so that it may be executed. Obviously, the transfer of title is without prejudice to any ultimate equitablc distribution. but an agreement was reached tbat Mr. Lehman would retain the truck. If we do not have this resolved within the next few days, by forwarding an executed title to me, my client haa authorized me to file a Petition for Special Rclief on his behalf, Rnd I will do so. The registration is due un Deccmber 1 and we need to get this matter resolved now. Also, please advise as to the status of Ms. Lehman's employment and income. We understand there has been a changc and she is, of COurse, undcr an obligation to report to Domestic Relations any changes that occur. I am not saying this wuuld automatically cause us to request any modification, but we are entitled to know this information. Finally, I have had an opportunity to review financial st'ltements and to discuss with the accountant for L&M Heating and Air Conditioning the status of some of the financial affairs. The information they provided us places the parties in a position where we ought to be able to reach II settlement. I am prepared to forward documentation to you, including monthly financial statements of the business, Upon agreement that we can exchange some documents, if' that is needed in light of the following proposal. We wuuld be in need of copies of the checkbook registers and bank stat.ements for the time the parties were together and these are in Ms. Lehman's possession. She also would have documentation of EXHIBIT -Bu 'III'; COUll'/' 01-' COI\IMON ',. . : (,Ul\I/lEHLANI> COUNTY. I'ENNSYI.\',\NIA v. : NO, !H).17!J.l CIVII.TI':Hr.1 LEE GLENN I.lml\IAN /Jefendnnt : IN /JIV()Itcl~ I!lJI,~~ 'PO ~Hn\V r^IJ~F, IN IIR. PR'I'I'PION I<'nll ~P"Y~I ^ I. IlRl.ml<' AND NOW. this '2. 3J ~ dny of -1M2...:t-, 2000. upon consideration of Defendant's Petition '/'0 Enforce Stipulation, a Rule is issued upon the Respondent to show cnuse why the relief requested within the petition should not be granted. Said Rule is returnable within fifteen days of service of this rule. By the Court, ~/o' RK:) ~;/ ~.;~ ~~; ,~ l": .< :,) 3. To dall', despitl, l'epl'ated reqlll!sts llnd the actual forwardinl: of the title tu Plaintiff's attorlley, the Plaintiff has failed and refused to abide by this term 01' the Stipulation and has failed to properly execute a title. 4. On October {j, 19nD, counsel for the Defendant wrote to Howard B. "I'UI:. Esquire, cOllIIsel for Plaintiff, forwarding to him a duplicate of the title and asking that it be executed and retul'lled. To date, there has been no response to this letter and now forwarding of the title. S. In April 1999, the Defendant's counsel forwarded to Plaintiffs counsel the first of the titles to this vehicle, asking that it be executed at that time. That title has never been returned to the Defendant or his counsel. 6. The Defendant is experiencing consequences as a result of the Plaintiffs failure because of difficulty keeping the vehicle registered, so long as it continues to be titled in two names. WHEREFORE, for the above reasons, the Defendant respectfully requests of this Honorable COlll't that it issue a Rule upon the Plaintiff to show cause why she should not be directed immediately to execute any and all documents necessary, including the title itself, in order to transfer ownership of the above referenced vehicle solely to the Defendant, Lee Lehman. DOROTHY L. THOMAS LElIMAN, Plainti rr IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW LEE GLENN LEHMAN, Defendant NO. 99-1794 CIVIL TERM ORDER OF COlIRT AND NOW, this 4lh day of August, 2000, upon consideration of the attached letters from Howard B. Krug, Esq., attorney for Plaintiff, and Samuel W. Milkes, Esq., attorney for Defendant, the hearing previously scheduled in this matter tor August 7, 2000, is cancelled. BY THE COURT, ~ . {\o ~ ,/~ Howard B. Krug, Esq. 1719 North Front Street Harrisburg, P A 17102 Attorneys for Plaintiff Samuel W. Milkes, Esq. 52 East High Street Carlisle, PA 17013 Attorney for Defendant :rc LAW OFFICES JOHN W. )l'uu:ru. HOW.uuti,JC5IIJ(i LOON p, HALLER JOHN W. PUItC,tLL Jft JILLM WINbJ.A BIUANJ,'I'YLIIJI, Nlntnl.1, M. ~T"LEY O'OORMAN gf)~~&,~ 1119 NOIITH hl)~T 5TR!n HARlI~llJtlC, P[~NSvI.VA"^ 1711)2.2392 TlLlPHONt (711) 2J4.4170 FA~ (7171233.1149 "'~"'Hlr (711)1U-]1f.]1 J05t:fH N~l!!T 11110.1111) VALUtII! ~ GUHN 0'" COUHHL August 4, 2000 Samuel Milkes, Esquire 52 East High Street Carlisle, PA 17013 VIA TELECOPY 249-8427 AND CBRTIFIED MAIL RETURN RECE~PT RBOUESTED Re: Thomas Lehman v. Lehman Dear Mr. Milkesl Per my secretary's several conversations with you this morning, enclosed please find the original title to the 1997 Chevrolet, fully executed by both parties. Ie is my understanding that your client prefers we mail this document to your office. With this final task accomplished, you also told my secretary you will have the hearing before Judge Oler, which is scheduled for Monday, August 7, 2000 at 2:30 p.m., canceled today and provide us with proof of eame. I will await your notification that this, in fact, has been done. Thank you for your immediate attention to the above. HBK/cas Enclosure cc: Hon. J. Wesley Oler, Jr. (V~a Te1eoopy 240-6462) Dorothy Thomas Lehman TOTAL P.02 4. The 1I1-(1'1'l'lIIl'nl whieh IIIl' pal'l iI's hlld pl'l'viollSI~' ('nll'l'l'd into, now soul-(ht to he enful'ced, mllkes no exception fOI' the reasons ciled hy the Plllintiffantl therefol'C, even if Plllintifi's contentions were true. she is stillundel'lIn ohlil-(ntion to execute the Title. 5. Until the filinl-( of her Answer to the Petition now before the Court, the Plaintiff had failed even to respond to Defundant's specific requests that she forward the Title, 6. No hankruptcy Petition has been filed by the Defendant. 7. Under the terms of the agreement, the Plaintiff is obligated to transfer title of the vehicle to Defendant. and Defendant asks that the Court require that this be done immediately. 8. The Title is cUl'1'ently in the possession of counsel for the Plaintiff as demonstrated by the fact that he provided a copy of the title as an attachment to his ResJlonse to the Petition to Enforce Stipulation. 9. The Defendant continues to incur attorney fees in pursuit of the relief sought within this Motion and within the originally filed Petition. WHEREFORE, for the above referenced reasons, the Defendant l'espectfully requests of this Honorable Court that it make the Rule absolute, directing the Plaintiff immediately to transfer ownership of the 1997 Chevrolet truck referenced in the attached Certificate of Title, and further that the Plaintiff be directed to pay counsel fees to Defendant, incurred in Jlursuit of the relief sought within this Petition and Motion. Upon completion of the relief regarding the title, counsel will present to abovo address, the following items: the fax machine located at the home (which shall be appraised at current value), the Defendant's birth certificate and passport, the title to tho 1995 Box Van, and the bracket to the John Deere tractor. 4. Within sixty days of the signing of this Stipulation, the Parties shall exchange, through their attorneys, any and all records they have of all bank accounts, certificates of deposit, retirement or savings accounts, or financial investments currently held or held at the date of the marriage by either party, individually, or jointly with each other or any other persons. These records to be exchanged shall include the entire records dating from the date of marriage, May 27, 1995, and shall also include business records of L&M Heating and Air Conditioning, as well as retirement records of Dorothy Lehman, in relationship to her employment with Cellular One. They shall further include the ta'C returns f1Ied by the parties during the entire time of the marriage, which currently are in the possession of Lee Lehman. 5. Each party shall be solely responsible for any bill or debt incurred by that party after separation. 6. The parties shall sign the joint tax returns, which have been prepared by the accounting firm of Cohick & Associates, and which have previously been circulated to counsel for both parties. . 7. Each party shall sign appropriate authorizations so that their respective accountants may communicate with one another about the financial affairs and records of the parties, including the business of L&M Heating and Air Conditioning. 8. Husband agrees to sign a separate I ndemnification Agreement, to be reviewed and approved by counsel for both parties, clarifying that in connection with the signing of the tax returns, Husband assumes responsibility for the accuracy of information regarding, and the lawful conduct of the business L&M Heating and Air Conditioning. 9. Husband shall pay the taxes due and owing in connection with the filing of the federal and state joint tax returns for 1998. Ultimately, the parties shall be responsible for payment of these taxes, in connection with any Marital Property Settlement or Order in the same amount each party would have paid, had that party filed separately, in a return property completed, using generally aceepted accounting or customary principles and practices. 10. Wife shall transfer to Husband's full ownership of the 1997 Chevrolet S-10 pickup truck currently titled in the name of both parties. This shall be considered Husband's sole property and Husband shall maintain insurance and registration on this vehicle. ., JUN 1 2 20~ DOROTHY L, THOMAS LEIIMAN I'lnintiff v. : IN THE COURT OF COMMON I'LI~AS OF :CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99.1794 CIVIL'I'ERM LEE GLENN LEHMAN Defendant : IN DIVORCE ORDER AND NOW this _ day of , 2000, upon presentation and consideration of the Defendant's Motion to Make Rule Absolute, the Rule is made absolute and the following relief is granted: J. 1. The Plaintiff is directed immediately to transfer ownership of the 1997 Chevrolet truck referenced in the copy of the Certificate of Title which is attached to Defendant's Motion. 2. The Plaintiff is directed to pay counsel fees to Defendant, incurred in pursuit of the relief sought within this Petition and Motion. Upon completion of the reliefregarding the Title, counsel may present to the Court an accounting for fees and ask that a subsequent Order be entered, as to the specific amount of counsel fees. BY THE COURT .,~ .~ ... ...-'. JACOBSEN & MILKES 52 East High Street C...lisJe, PA 17013-30g5 '-:=---. .. __ -:'::-:--J ~r-~:l2f==::::__.: (';' "', '<-"'-;., ''''r~~~=' . '1" ',"'-v--- .; . -J '\'\ _ 1:..\ ;.- );;'''6'1''- . .' i- ~'i ~..J J:: : \ J'liis.<J2 : "-, t" 1'1''11''111____ P.. }~10;~7 u.s. POSTAGE: SAMUEL W MILKES JACOBSEN & MILKES 52 EAST HIGH STREET CARLISLE I'A 17013 ------- ..~.....- -,_.... ~ JUN 1 2 200~ I'V DOROTHY L, 'I'1I0MAS LEHMAN I'lnintiff : IN TilE COURT OI~ COMMON PLEAS OF :CUMIIE1!LAND COUNTY, PI~NNSYLVANIA v. : NO, !1!).17!l1 ClVll,'I'BltM LEE GLENN LEHMAN Defcndnnt : IN DIVOHCE ORDER AND NOW this _ day of , 2000, upon presentation and consideration of the Defendant's Motion to Make Rule Absolute, the Rule is made absolute and the following relief is granted: 1. The Plaintiff is directed immediately to transfer ownership of the 1997 Chevrolet truck referenced in the copy of the Certificate of Title which is attached to Defendant's Motion. 2. The Plaintiff is directed to pay counsel fees to Defendant, incurred in pursuit of the relief sought within this Petition and Motion. Upon completion of the reliefregarding the Title, counsel may present to the Court an accounting for fees and ask that a subsequent Order be entered, as to the specific amount of counsel fees. BY THE COURT J. .... 4 _ .,_0. '. '~-~Jy,;rM'f.~r,;;.'.#'~~'4-ct;i:\. ::'\"'l':_,-~,~,'. :. ~.'"; '~,:(:~,:';';; :,:t~~:..;~~t~~~'f"7+,l>'1,~,,:!,;'<':.~f.' -.'.::' -^ ;; "'t JACOBSEN & MILKES 52 East High Street Carlisle, PA 17013-3085 ...:-.::..---- -'-----;:-:--) )~~":~.J=_=:=..J. C- \-:;;::0.'- ...:....~~...r':- -...: , ~ l:s . I"'?~ ~33- . .. J;~"::. =: .Q.'!Km . , E!<') '""''''' . : ~ - - S.J I O~49 us. POSTAGE : Howard B. Krug, Esquire 1719 North Front Street Harrisburg, PA 17102 " . .W _, ..... """"h~r,"".~,''''f,. Office of Divorce Master 9 North Hanover Street Carlisle. Pennsylvania 17013 SAMUEL W. MILKES, ESQUIRE JACOBSEN & MILKES 52 EAST HIGH STREET CARLISLE, PA 17013 1I0WAkllll Klu:c. UONP.IlAlllk JOliN W. 1'1'Nt III IN JIII.M.WIMK" IiRIANJ. "nl.M. Nll'1I0U M. Sf "I H.{I.tioN.."".... I.AW OFFI('ES ;./f?o.('(ll, '/{;(~9 i/ (/(;,I~,J' lil') NONIII I W(JNI ~1I(!t 1 tl"ltltl\lIl'I((..I'(~N""I\.'^N1.\ 171U!...! If).! 111U'IIPM (7171 .!'....1l:'1I 1>\", (717,1, I 1.1141' HfRSt.y 1'111~}))U6 JOSU'tlNISS1EY1"lOlliIfI11 JOttNWPlJR(;UL V~UNIE A OUNH CYCOl.ln~ March 13, 2001 NMSO/cas cc: Samuel Milkes, Esq. Dorothy Thomas-Lehman Wi , I I j E. Robert Elicker. II, Esquire 9 North Hanover St~eet Carlisle, PA 17013 Re: Dorothy Thomas-Lehman vs. Lee G. Lehman Docket No. 99-1794 Dear Mr. Elicker: Per my conversation with Traci. it is my understanding that you are unavailable on the morning of April 19, 2001, the date previously set for the hearing of the above-referenced case. As I mentioned to Traci, I have since been scheduled to appear in Columbia County on another matter, mqking the date inconvenient for me as well. As a hearing in this case cannot be concluded in half a day, I request that it be rescheduled for your next available date. Nonetheless, I would like to keep the afternoon of April 19, 2001 available for a settlement conference, as I believe it is still possible that this case will be settled. Thank you for your assistance in~this matter. i , , " ~ z o ::E w (!I ~ o ::E ~ ::E x W ..J LL o ..J ~ I- ~ 1i!le 8 - 0 ... .. - <D MM on oi oi N ~~ .., It) ... ::t "!. - N - "'''' '" '" '" '" '" 1i!le 8 - 0 ~ .. - riM g oi oi ~~ It) ... .. - N aj "'... 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E 0 u:" '0 <0: U. c: .~ Q) g '" .. 'iij .jj$' 0 ._. t a. <<5:. 0 II> .~. ::; 0 ltuW,UIIII K_ul(; lJu"'I'IIA1IU. JOIINW '11_1111 JIl JUI.M WI" kA fUtI","" hllll: NltHOl1 M SI"II\.O'(;OM\I"'" L \ IV OHICl~~ !41/I'''(,/1, .I(;/~'1 [/ ./t;//n ti'lfINIlI('llh~'I',j'\lIl1" II "Nllt\h\ '1(1" 1'l~""\~I\4.M-\ 171l1}.1 If'l tllll..tO~II:'I;"IJI4,4ti''' ,.-\\ 11I~, J 11.1 HIJ HlRSHEY m'ISU,3836 J05Cf'tl NI5SltY l'11I0.1NlI JOliN W.I'URCELL VALERIE A GUHN OtCoon'" July 18, 2001 E. Robert Elicker, II, Esquire 9 North Hanover Street Car11s1e, PA 17013 Re: Dorothy Thomas-Lehman VS, Lee G. Lehman Docket No, 99-1794 Dear Mr. Elicker: Mr. Buckley and I have in principal agreed to a settlement of the above-captioned matter. On the basis of the foregoing, Mr. Buckley and I have requested that the hearing scheduled for LTuly 18 on the issue of fraud be cancelled and we be given time to draft an appropriate Property Settlement Agreement acceptable to both sides. As a result of my telephonic discussion with you, it is my understanding that the hearing for July 18 will be cancelled and that you will await our signed Property Settlement Agreement. Sincerely yours, 1/(( LI (li ci IX }:AIA)C' Howard B. Krug / 6Yl HBK/bgr cc: Joseph Buckley, Esq. Dorothy Thomas-Lehman (Dicated but not read) >- (') t ~.',; lr. I .. ;.,) - ij.f, - ',.:-. ~;~ ~ ..-':;, ..;; ,....j (.': ,- \,,:> <,I) C' t'.' u. . '.'.W ,:- : ' ,;0_ ~;:i ... ~5 0 (;> ",!i! ~~ ..... '" ..... " ..... " .... 0.'" '" '" .." ... ~i!i m " " " ... ..... j~ " CJ 0 " '" u ~o. '" M " E-l '" CJ '" ... " 0 . ,.., 0 ... ~~ , ~ " H '" " CJ > " CJ 0. '" . CJ 0. ~ 0 '" " M ..... tlU '" m '" () 0 CJ ..... ~! "'" CJ " 0 0 CJ CJ ... "',.., ,.., 0. 15'" Z~ .....U ~ "'" ~1 . ~~ .. S II: - ~ 6'i i ~~I~ ~ ~ ~~ [ r -~ b\ .... -. . ~ "- , " - C: - t. .~ ~ ; ~.t. '.) , , ..:~ -, 1--- ,.J :.) , .~ : i:i) "J I- C7: :-'}l~ .' .... " -- (j - ::s C> <:.,) ..D..SlpIO. ANn PROPJ:RIf.Y..'.-r'l'L~ Am~ftrp THIS Aaummrr, mad. thb ;II/!! day ot 4un- ,2001, by and between DOItO'l'l1Y r" THOMAS LIrHKAH hllre1natter rctcrred to liS 'Wite") llnd LB. a. LIHMAN (h.reina~t.r retllrred to as "Husband"). Nl'.l'ltll'BI'1'Jh 1995/, and WHBR&AB, Husbllnd and wif. were lawfully married on May 27, WBBRIAS, certllin differences have arisen between the parties liS II result of which they separated in January, 1999 lInd now live Separate lInd apart from one another, and are desirous, therefore, of entering into an Agreement which will distribute their marital property in a manner Which is considered to be an equitable division of all joint property, and will provide for the mutual rQ8ponsibilitiea and rights growing out o~ the marriage relationship, and WHBREAS, there has been a complete disclosure of the earnings and property of each party, and each understands hiS/her rights under the Divorce Code of the Commonwealth of Pennsylvania; llnd NHBREAs, the parties hereto, after being properly advised by their respective counsel. Husband by his attorney, Joseph BUckley, Esquire and Wife by her attorney, Howard B. Krug, E~quire have Co~e to the Agreement, Which follows: MOW, TH&RIPOa., in cono1dorQtior. of the above recitall ftnd the following covenantl and prOmiOQD mutually made and mutually to bM kept, the plrtie, herwto!ere, Intending to be logally bound, covenant, prom1se And agree A8 follows: 1. S'Daration. It ohall be lawful for each party at all timoo hereafter to live separate and apart from tha other party at luch place tha: he or Dhe may from time to time choose Or deem fit, The foregoing previllon shall not be taken al an admi81ion on the par: of either party of the lawfulnese of the causes leading :0 thair living apart, 2. Interference. Each party shall be tree from interference, Authority and contAct by the other, as fully as if he or she were 8ingle and unmarried, except as may be necessary to carry out the provisione of this Agreement. Neither party shall molest the other nor Attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way hara5s or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3, Wire's Debts. Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obl~gat1ons incurred by her. 2 I L I I i i I I 4. U11.~And'a n.b~.. HU8band r.p~.G.nta Qnd WArrantG to Wif. that 8ince the eeparation he haM not and in the future he will not coneraot or incur Any debt or liability for which Wife or her eetate might be reoponaible and ahall lndemnlty And 8ave Wife harmleas trom any and all claims or demando made agalnGt her by reason of debts or obllgatlonD incurred by him. S. ~u~~~andin9 .Toinr Debt.. The parei.& Acknowledge ~d agree that they have no outltanding debts And obligations incurred prior to the ai9ning ot this Agreement, Dxcept the Piret Union Mortgage, Account #08-600-266576, secured by the marital home, In the event that either party contracted or incurred any debts since the date of separation, the party who lncurred said debt shall be reeponsible for the payment thereof, regardless of the name in which the account may have been charged, and such party shall indemnity, defend and hold the other party harmless from any claim or demand mad. against that party by reason of such debt. 6. EauitRble Distribution of Marital Pron@rtv. ~he parties have attempted to distribute their marital property in a manner which conforms to the criteria ~et forth in Section 3502 of the Pennsylvania Divorce Code and taking into account the following considerations: tpe length of marriage; the fact that it is the second marriage for Husband and Wife; the age, health, station, amount and 80urces of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the 3 contribution ot each party to the ,,,lut:eU,,,,, trainin!! or inor....d aarning pow.r of the other party, the opportunity of each perty Lor future acquisition. ot capital sssat. and 1nco~1 the souroeo of incomo of both parthll, includini but not 1 illl.1tltd to m.ttical, retir.mane, inaurance or other benefits; the contribution or d11.ipation of 8ach party in chit acqui.ition, pr.s.rvation, d.preciation or appreoiation of the marital property, including the contribution of each 8poU.. a8 a homemakerl the value of the property set apart to each party; the .tandard of living of the parties e.tahli.had during the marriage; and the economic circumstances of each party at the time the divi.ion of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of out.ide funda or other property not constituting marital property. The division of property under this Agreement shall be in full aati.faction of all marital rights of the parties. A. nig~ribution of Personal Prooertv. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they m~tually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal 4 property pre..ntly in hi. or har pO.....ion. and chia Agr.ement ahall have the .troel: of a" l&ullJ.gnmant 01:' b111 or ..10 rr01ll eech party to the othOl:' tor euch property a. mey be ill the individual polleuion or .ach of the partiee hereto, The parti~. hel:'eto have divided between themselves, to their mutual oatiofaction. all iteme of tangible and intangible marital property, Neither party ehal1 make any claim to any such items of marital property, or of the >>eperate personal property of either party, whioh al:'e now in the posaeasion and/or und.r the control of the other. Should it become necessary, the partiee each agr.e to sign, upon request, any titles or documents necessary to give effect to this paragraph, property shall be deemed to bs in the pos.eeeion or under the control of either party if. in the caee of tangible personal property, the item is physically in the pOBsession or control of the party at the time of the signing of thie Agreement and, in the oaoe of intangible personal property, it any physical or written evidence of ownership, suoh as pa.shook. checkbook, policy or oertifiCAte of insurance or other similar Writing is in the posseSsion or Control ot the party. Husband and Wife shall each be deemed to be in the possession and control ot their own individual peneion or other employee benefit plans or retirement benefits of Any nature to which either party may have a vested or contingent right or interese at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such 5 ben.tite, excopt a. .tated herein. Prom an~ arter the date ot the ei9nin9 of thil Agreement. both pareies ahall hav~ complete tr..do~ ot ~ilpolition II to their .eparate property and any property which ie in their posse.eion or control. pureulnt to thi. Agreement, and may mortgage, lel1, grant, convey, or otherwi.e encumber or di.po.e of such property, w~eth.r r.al or perlonal, whether such property wao acquired befors, during or after marriaie, and neither Husband nor Wife need join in, con..nt to, or acknowledge any deed, mortgage. or other instrument of the other pereain1ng to such disposition of property, D. Di.tribution of R@al ~At~t~. Husband shall convey to Wife by epecial warranty deed ligned concurrent with the execution of this Agreement, all of his interest in and title to their jointly owned real estate at Pawnee Drive, Mechanicsburg, Pennsylvania. Wife eMl1 ~convey to Husband any interest 1he. rtres' acquired in the cemetery plots.fi she 418~~. hll.. ~. a~tcr marriage. 7. Eauitable Reimbur.em~nt. Husband shall pay to Wife the Sum of One Thousand Eleven ($1,011) Dollars on or before the tenth of each month, commencing the tenth of the month following the last spousal SUpport payment (which is paid at the end of each month) and ending on the tenth of the month in which ~he last payment is made on the Firs~ union mortgage, account #Oa-GOO-26G576. Time shall be of G the ....nc.. Aa of the dIe. of oxecution of thi. Agreement, it io .nticipated th.t the laet ~ortiaie paYMent will b~ due in October, 2002. Thereafter. In K~dition. Huaband .hall pay Wi!. the Dum o! Three Thoueand 1$3.000) Dollare. in three (3) aqual monthly inetallment. ot one Thouaand ($1,000) Dollar., commenoing the tenth of the month following the last ~ortgage payment, referenced above, and o?ncin~ing monthly until the balance of the three thousand dollars hae been paid in full. Time ahall be of the essenoe. As of the dace of execution of this Agreement, it i8 anticipated that the., monthly payments will commence November 10. 2002 and end with the payment due JanUAry 10. 2003. Th, partie. agree that the monthly payments set forth hers in shall be payable through and enforceable by Domestic Relations, It ie the Bpecific understanding of the parties that by his undertaking the obligation to pay the BUms set forth in this Paragraph. Husband is providing Wife with the means necessary to aupport and maintain herself by relieVing her of the responsibility of the mortgage payment and other living expenaes. It is the intent of the parties that Husband's payment obligation shall function as maintenance and support for the purpose of rendering it non- dischargeable. pursuant to 11 use 523(a) (5), in the event that Husband should seek protection under the Bankruptcy laws of the United States. In the event Husband succeeds in discharging these , 7 debC., hi .ball be rlquired Lo equitably raIMbur.. wite co thl exCent Ihe pay. 10Y of thl aforementioned obligation., Witl ahlll ~ve thl option, however, in .uch event to rlopen the divorce to 'IClU'e alimony Or addition4l prop.rty, to compenaate her tor payment. and explne... The Court .hall in such ovene, ratain continuing jlU'iBdiction to award .uch to Nito, including hlr coun..l tie., explnall, co.t., and. l:e.u1ting taxu, a. Will II the .cSditional right to fi'nd Hueband in conte1\ilt of it. ordor, Notwithotanding the foregoing, HU8band hereby waive. any right to and ehall not in thl future deduct on his incomo tax return. any part of the.e equitable reimbursement payment. .. either aUl1IOZlY or lpou.al lupport, Wife shall not, therefore, declare any part of luch payments III income to her on her future income tax return" Should Hu.band attelllPt to deduct such payments a. alimony or IlpoulIal tiUV~~C, ne ana~~ lnaemn1cy, dot.nel and hold Wife harmless from any taxes, penalty, int.rset, coste or expanllee she .uetains, including actual coun.el feee, and taxed levied against, paid or incurred by her as a result. Such action by Hueband shall be deemed a breach of this agrll1ll8nt. 8. Vehicles. Notwithatanding Paragraph 6 of this, I.. Agreement, Husband shall retain possession and ownership of th~1997 ) \)1 \1 Chevrolet S-10 pickup, 1995 van, 1995 Chevrolet van, 1989 Chevrolet van, and 1980 CUbe van now or previously in his posse.sion. Wife hereby tr~n.ters all of her righe, eitle and intereat in said a vehicle. to Hu.band, In cnnAI~.r.tion thereof, Hu.ban~ .hAll aeeum. full reeponDibility for payment and .ati.faction ot Any .,~ all lien. pree.ntly binding Wit. and encumbering the vehicle., and he a~ree. to indemnify, def.nd and hold WlC" harmh8ll for the eam.. wife ehall 8ign any title or other documente necessary to tranetAr o~l.r~hip ot laid vehicle. at any time, upon demand. Notwithetanding Parairaph 6 of this Agree~.nt, Wife .hall retain po....sion and ownerchip of the 1995 Duick Riviera presently in her po.seslion, Husband hereby tranet.rs allot hie right, title and intere.t in said vehicle to Wife. No lien. encumber Wife's vehiele, Husband shall sign any title or other documentc neeessary to transfer ownership of said vehicle at any time, upon demand. i, Pension. Wife sh.ll retain her 401(k) with Vanguard Cellular Systems a~d all IRA, 401(k), pension and other retirement account. titled in her name. Husband represents and warrants that he had no IRA, 401(k), pension or other retirement benefits ae of the parties' January, 1999 separation and continues to have none as of the date of execution of this ~greement. 10. A1imonv. Both parties acknowledge and agree that the provisionQ of this Agreement providing for equitable distribution of p~operty are fair, adequate ~nd satisfactory to them, and are aocepted by them in lieu of and in full and final settlement and satisfaction of any olaims or demands that either may now have against the other for SUpport, maintenance or alimony. Husband and 9 WHe further volW'ltarlly and intell1g'lntly waive ..nd nl1nqui.h any right to ..Ik erom tho other any payment for .upport or alimony, except Ma aat eorth herain, ~ach party ohall indemnify, deferod and hold tho other harmless a~ainst any (uture action for eithar eupport or alimony, modification or Qxtcn8ion of came, brou~ht by or on behalf of tho other and the result. of euch action, such inde~nity to include the actual counsel fees of the party being Bued for euppore or alimony in ..ny such future action, except 4S stated herein, 11. M'lI!!di~al Tnflnrr"n~e. Prom and after the date of divorce, each p..rty ehAll provide for his or her own medical insurance, Husband shall maintain Wife's existing medical insurance coverage until the date of divorce. Thereafter, Husband sh"ll cooperate aa needed SO that Wife can obtain COBRA coverage, if she so chooselil, 12. Medical Billo. From and after the date of this Agreement, each party shall pay his or her own unreimbursed medical expensas. 13. Duslne.l. Husband and Wife are the owners of ~&M Heat1ng and Air conditioning, a sole proprietorship, which includes equipment, receivables, vehicles, tools, inventory, and related accessories for the conduct of the business. Hueband shall keep the business as his own property exclusively. Wife hereby relinquishes all claim and right she may have to the business, under and pursuant to the Pennsylvania Divorce Code and the Agreement of the parties 10 dated September 20, 1995. Husband lhall indemnit'y, det'fld IInd hold Wife harmless from and against any And all tax, creditor and other claims asssrted agAinst her as a result of her ownership interest in the bu.insss, including the actulIl counlel tees expended to dRfend agllinet .uch claims. 14. Al imonv PenrJflJ:r..~~ Li tf!. Cnunfll".} J:'p@g and Rvn.nae8. Husband i, paying Wife the sum of $1,124 per month pursuant to a stipulated Order of Court dated July 2, 1999, filed to Docket #186 Support 1999, DR 28,405, Husband shall continue to make such payments through the thirtieth of the month in which a decree in divorce is entered, Thereafter, payments shall commence pursuant to Paragraph 7 hereof, Additionally, Husband shall continue to be responsible for all arrearages owing in the support acticn, From and after the entry of a decree in divorce, Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equiteble distribution of marital property of the parties is fair, adequate and satisfactory to them. Both parties shall accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses, or any other provision for their support and maintenance before, during and after the commencement of sny proceedings for divorce or annulment between the parties. Each party shall be responsible for his or her own 11 oounl.l feeo, and each agree. to indemnify, dArend And Mave the other harmle.. from any action commenced against the other for alimony pendente lite, counlel reOM and/nr AxpenBel. 16, Joint T~ Returns, The partiee have filed ~oint federal, state and local tax returns in the paGt. Each party haa relied on the other to truthfully and accurately report his or her relpective income. particularly, Wife haD relied on Hueband to truth~ully and accurately report income and expenses from L&M Heating and A1r conditioning, and Husband haB relied on Wife to truthfully and accurately report her employment income and expelUles, To the extent either party has inaccurately reported 1ncome or expenses, knowingly or unknowingly, or has otherwiee misstated any matter such that additional tax, interest or penalty may be due'with regard to a joint return, that party shall indemnify, defend and hold harmless the other from and against any and all liability for tax, interest and penalties due, as well as actual counsel fees and costs incurred in the defense of such mattera, Within five (5) calendar days of either party's receipt of any deficiency notice or other correspondence from the Internal Revenue Service, the Pennsylvania Department of Revenue, or the local taxing authority, the receiving party shall provide the other with a copy of such notice and/or correspondence. 16. Divorce. A Complaint in Divorce has been filed to No, 1794 CIVIL 1999 in the Court of Common Pleas of Cumberland County, 12 I i' I p.nn.ylvan1a, and either party DhAll be trll to proce.d without further delay to .ecure the divorce, Both parcie. ahall oiin an .ffidavit eVidencing thair con.er.t to Lhv divorcR, purtuant to Section 3301(c) of thl Oivorcl COdD. In the event either party taill or retuaea to execute luch affidaVit upon thl other party'e timoly requett, that party ehall indemnity, defend and hold the other hArmle.a from any and all additional IXp&nge., inoluding actual counsel feee, resUlting trom any action brought to compel the refusing party to conlant, Each party hereby agree I that a legal or equitable action may be brought to compel him or her to execute a conelnt form ~nd that, absent some breach of this Agreement by the proceeding party, there shall be no defense to ouch action asserted, 17, Time of Distribution. The assets and intereats to be transfsrred under and pursu~nt to thio Agreement shall be conveyed and tranlferred to the reepective parties immediately upon the IXlcution of this Agreement. The parties shall cooperate by executing all documents necessary to effeotuate a divorce under Section 3301(c) or 3301(d) of the Pennsylvania Divorce Code, and this Agreement to cooperate shall be enforceable as an order of court pursuant to 23 Pa.C.B,A. 93105 or by an assumpsic action tor specific performance, However, upon refusal to consent, all property distributed to the party referring to coneent shall be returned to the party originally in possession, until the time of final decree. 16, R@conciliation. Notwithstanding a reconciliation 13 between the partiee, thle Agreement ehall continue to re~~in in tv11 force and effect, absent a writin; I1gned by till' puti.. ecating tnat thie Agreement i. null and void, 19, Relflll.el!, Subject lCJ tllll providonl ot thia Agnement, each party has releaoed end discharged, and by thia AgrHument doee for himself or herself, and hi, or her heire, legal reprooontativas. executors, adminietrator. and a..igne, rel.asH, indemnify (inclvd1ng actual lagal feeel and discharge the other of and from ell cauee. of action, claimo, rights, or demands, whatsoever in law or equity, including equitable diltribution, .pousal support, alimony, coun.el fee., alimony pendente lice, and expen.e. which either of the pertiee against the other ever had, now has, or may have in the future under the Penn.ylvania Divorce Code, as amended, or under any other statutory or common law, except any and all causes of action for divorce, for breach of any provisions of thia Agreement, or for any cause set forth in this Agreement, Each party elso waives his or her right to request marital counseling, pursuant to Section 3302 of the Divorce Code, 20, Waivers of Claims Aaainst Estat@s. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquiehes any and all rights he or she may now have or hereafter acquire under che present or future laws of any jurisdiction, co share in the property or the estate of the other as a result of the marital relationship, 14 \, including without limitation, dower, curteay, statutory allowance, widow'. allowance, right ~o take in inteetacy, right to take against the Will of thv other. and right to ac~ aa adm1nistrator or OKecutor of the othar'e eetate, and any right exieting now or in the future under the Pennlylvan1a Divorce Code, a~ emended from time to time, and each will, at the request of the other, executs. acknowledge and deliver any and all inetrumentB which may be necessary or advisable to carry into ettect thie mutual waiver and relinquishment of all euch interests, rights and claim., Each further waives any right to inherit or receive property or act ao the personal representative of the estate of the other by Will, Codicil, intestacy, or insurance policy, unlese such Will, Codicil, or insurance policy (designation of beneficiary) ie dated subsequent to the effective date of this Agreement. 41, Richts on Exeoution. Immediately upon the exeoution of this Agreement, the rights of each party against the other, despite their continuing marital status. shall terminate, except ae set forth in this Agreement. 22, Breach. In the event of breach of any of the terms of this Agreement. the nonbreaching party ehall be paid, as part of any award or jUdgment against the breaching party, all costs, including actual counsel fees paid to hie or her attorney. 23, Incorcoratinn in Final Divorce. The tsrma of th~~ Agreement ehall be incorporated but shall not merge in the final 15 divorce decree between the parti.., Any Court having j~ri,diction ahAll enforce the provieions of thi" Ayrvvmvnt al if it were a Court Order, Thi, Agreement ahall survive in its entirety. resolving the epoueal support, alimony, .quit~bl. diltribution and other intereQto and rights of the pa:tiee under and pursuant to the Divorce Code of the Commonwealth of pennaylvania, and no Court aaked to enforce or interpret this Agreement ,hall in any way chang. the terms of thia Agreement, This Agreement may be enforced independently of any 8upport order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status oC the partie.. It is warranted, covenanted and represented by Husband and Wife. each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant snd representation is made for the specific purpose of inducing the parties to execute the Agreement. 24. Additinn~l Instruments. Each of the parties shall from time to time, at the ~equest of the other, execute, acknowledge and deliver to the other party, any snd all further instrumente that may be reasonably required to give full force and effect to the proviBions of this Agreement. 25, Seosrabilitv. In case any provision of this Agreement should be held to be contrary to, or invalid under, the law of any country, state or other Jurisdiction, such illegality and invalidity 16 \ .hall not in any way affect the other provi.lon. h.reot, all of which .hall continue, nevortholc.., in full force and ettect, and each paragraph herein .hall be de.ml~ to be . .eparate and undi.puted covenant and agreement, 26, Entire AQreomont. This Agreement contains the entire. complete an~ exclu.ive understanding at tht partie., and there are no rtpre..ntations, warranties, Covenante and undertakinge other than those expre.aly set forth herein. Hu.band and Wite acknowledge and agree 'that the provi.ions ot this Agreement with respect to the diltribution and division of marital and separate property are feir, equitable and satiSfactory to them, baled on the length of their marriage and other relevant factors which have been taken into consideration by the partie., Both partiel hereby accept the provisiona of this Agreement with respect to the dIvision of property in lieu of and in full and tinal settlement and satisfaction ot all claima and demands that they may now have or hereafter have against thl other tor equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502 (d) of the Divorce code or any other law8. Husband and wife each voluntarily and intelligently waive and relinquieh any right to seek a court ordered dstermlnation and distribution of marital property, but nothing he~ein contained shall constitute a waiver by either party of any right to seek court relief for the purpose ot enforcing the provisions of this Agreement, 17 21. Modification and Waiver, A modification or waiver of any ot the provisions of thia A9ree~~nt shall be eceective only if made in writing and executed with the eame formality aa thi, Agreement. Thv failure of eith~r party to ingiat upon strict performance of the provision. of thie Agreement shall not be construed as a waiver of any .ubg.qu~nt default of the Game or similar nature. 28. Voluntarv Bxecution. The provisions of thie Agreement and their legal effect have been fully explained to the part i.. by their respective counsel. Howard B. Krug, Esquire for Wife and Joseph Buckley, Esquire for Husband, and each party acknowledges that the Agreement ia fair and equitable, that it is being entered into voluntarily, with full knowledge of the aeeetl of both parties, and that it is not the result of any duress or undue influence, The partie a acknowledge that they have been furnished with or are aware of all information relating to the financial affairs of the other Which has been requested by each of them or by their respective counsel. ~ach party further acknowledges that each has conducted his own independent investigation into the existence of the other's assets and liabilities and is not depending upon any representations made by the other party in agreeing to the terms hereof, 29. DescriDtive Hp.~dinas. The descriptive headings used herein are for convenience only, They shall have no effect wbat!oever in determining the rights or obligations of the parties. l8 DOROTHY L. THOMAS-LEHMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. 1794 Civil 1999 LEE G. LEHMAN, IN DIVORCE CIVIL ACTION - LAW Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having be~granted a Final Decree in Divorce on the dll!....Lday of Au~ ' 2001, hereby elects to resume the prior surname of Dorothv L. Thomas , and gives this written notice pursuant to the provisions of 54 P.S. ~ 704. ~J ~"..,/ _ ~-t,.J L. Thomas-Lehman, / ~~~J Thomas DATE: 9lo/t';, I I Commonwealth of Pennsylvania ~el1;lf County of C Iabd ,; On the Jff!i day of tjrrU()11~/l ,2001, before me a Notary Public, personally appeared'the above affiant known to me to be the person whose name is subscribed to the written document and acknowledgment that he/she executed the foregoing for the purpose therein contained. seal In Witness Whereof, I have hereunto set my hand and official ~ Commission Expires: IYlUnA1j J:J, :JoDY ota HtDlaDaI.llllal AlaS. Ealon. Nola/J Public HirIIsburg, Dauphin, Cour1IY My Commls8lon Explra. Jan. 12; 2004 _,PennsyIvMl._olNolMes ~- \Cl ['; a; 0 "" .~.: ;::-: N :::J~ ~:J=.. -- -..,..... -:-J. -' ~ . ".r. :"'>:"":;e '.l. ~ :l :?j ., , ..~ ~ C-- '~'rf) ~ :12: ~ ,..-.. ] o. ~-tl(iJ ~ ~ ...~- '-'-' ;..\In.. CI) -' ~ " ::> -- , .. > .::> U ~ '....... \) 0 l i ~ tl,.. c:.J CY... -,. I". c: ',' " : , <...... ~Z ...l< llo:> Z ...l ~ ~ ~ Z>O ~ ",; OU) :c ~ ...... ::;:Z t1l~ f-< ::> ::;:Z ...l~ z 0- O~ ..... IH < U) Ullo .... U)E-< 0 <.oJ '<l ~ > <Z Z llo ~ .... ZH W H ~ 0 U 0< ~~ U '--" 0 :C...l Zt1l <.oJ ::> E-0 .... :c llo j OZ .... ...l U) ~ U ...l <<l ...l 0'0 5:; ~",; 0'0 0 :C~ E-< '--" ~ ",; E-<<<l 0 < ::;: ",; <.oJ :;: Z::> 0 0 W 0 HU Z 0 ...l :c "" ,..., .' .. CERTIFICATE OF SERVICE I, ANGELA S. EATON, an employee of the law firm of Purcell, Krug & Haller, counsel for Plaintiff, hereby certify that service of the PRAECIPE TO WITHDRAW PETITION was served on the following by Regular Mail, on September 24, 2001: Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 Attorney for Respondent 5;: " (: I c.:: " !j, <;'; ./ '.~) ; C",~ , ... c.. , ~ .. L .~~~ ,,, , ..,: (00 j C:) :.-.1 U ..... - ~' ~,.; t l J , I I J r11 .' .. .. . ...~ ,)~r ~r~i\' DOROTHY L. THOMAS-LEHMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 99-1794 CIVIL LEE G. LEHMAN, Defendant IN DIVORCE CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, this lJ\l day of ~..1<:.'-,k,cl, 2001, upon review of Petitioner's Petition to Enforce Settlement Agreement, Respondent is directed to show cause, if any, why the requested relief should not be granted. RULE RETURNABLE l-=' days from the date of service. BY THE COURT: Judge cc: Howard B. Krug, Esquire PURCELL, KRUG & HALLER 1719 North Front Street HarriSburg, PA 17102 Attorney for Petitioner Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 Attorney for Respondent (') 0 ~::J c I I ,,~ v, -;,)F-;"': IT, : nl(- -0 ==:::-r '("- -"r 'r; G;,. ~ . w ;~; ~ - ;~, [::C. .-." .;:. ...,., .r; ;.~ .., ., ~I.... ("j -.:=C; - -,:'Irt -"c..:: u ,-< -/ :~ ::':j r.- ~ -, -< ., .... DOROTHY L. THOMAS-LEHMAN, Plaint if f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VB. No. 99-1794 CIVIL LEE G. LEHMAN, IN DIVORCE CIVIL ACTION - LAW Defendant PETITION FOR ENFORCEMENT OF SETTLEMENT AGREEMENT NOW COMES, Petitioner, Dorothy L. Thomas-Lehman, by and through her attorneys, Purcell, Krug & Haller and fileB the following petition: 1. petitioner is Dorothy L. Thomas-Lehman, Plaintiff in the above captioned action. 2. Respondent is Lee G. Lehman, Defendant in the above captioned action. 3. On or about August 24, 2001, the parties entered into a Separation and Property Settlement Agreement ("PSA"). A true and correct copy of said Agreement is attached hereto and made pare hereof as Exhibit "A". 4. Pursuant to Paragraph 14 of that Agreement, Husband agreed to pay Wife $1,124 per month under the existing Order of Court dated July 2, 1999 through and including the 30'h of the month in which a Decree in Divorce is entered. A true and correct copy of the July 2, 1999 Order is attached hereto and made part hereof as Exhibit "B". 5. On August 29, 2001, the Court entered a Decree in Divorce, divorcing the parties from the bonds of matrimony. Said Decree incorporates the parties' Separation and Property Settlement Agreement. .. . exhibit A ~ . ..,,,..,,.,,~~.,' '...... ...., ........(i) .. .' ., ~ .. ... WOW, TIDtRIPCRB, in conDideration of the above recitals and the following covenant8 and promiaoe mutually made and mutually to be kept, the Plrties heretofore, intending to be legally bound, covenant, prom1l. and agree all fo11oWII. 1. Separation. It shall be lawful for each party at all timeD hereafter to live separate and apart from the other party at such placll that he or she may from time to time choose Or deem fit. The foregoing provision Bhal1 not be taken a. an admis810n on the part of either party of the lawfulness of the caUBes leading to their li ving apart. 2. Interference. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the prOViSions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful eXistence, separate and apart from the other. 3. Wife's Deb~~ Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be reBponsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reaBon of debts or obligations incurred by her. 2 ~ - 4. Hu.band'. Debt.. HU8band repreDentD and warranto to Wife that aince the .oparation he has not and in the future he will not contraQt or incur any debt or liability for which Wife or her estata might be reaponsibl. and .hell indemnify and aave Wife ~ea. from any and all claims or demande made againet her by reason of debte or obligations incurred by him. S. Ou~,.t."ndina Joint nebt". The parties ~cknowledge and sgree that they have no outltanding debts and obligations incurred prior to the signing of this Agreement, except the Piret Union Mortgage, ACcount *08-600-266576, secured by the marital home. In the event that either party contracted or incurred any debts aince the date of separation, the party who incurred said debt shall be responsible for the payment thereof, regardless of the name in which the account may have been charged, and such party shall indemnify, defend and hold the other party harmless from any claim or demand made against that party by reason of such debt. 6. Eauitable Oistribution of Marital Pronertv. Tbe parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code and taking into account the following considerations: tbe length of marriage; the fact that it is the second marriage for Husband and Wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the 3 ........ tJJ "\N. .""Co. r'U\1o.C.L.L. N\W ...W ~ 'I'~~~~ ~.~ . ... contribution ot each party to tho education, training or inare..od earning power of the other party; the opportunity of each party for future acquisition. ot capital a...ta and income; the 80urceo of income of both parties, includini but not limited to medical, retirtment, 1naurance or other benefits; the contribution or di..ipation of each party in the acqui8ition, pre..rvation, depreciation or appreciation of the marital property, including the contribution of each 'pous~ as a homamaker; the value of the property set apart to each party; the 8tandard of living of the partie. ettablished during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The divi.ion of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. Distribution of PRrsonsl PrODertv. The partiee hereto mutually agree that they have effected a satiSfactory division of the furnir.ure, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal 4 .... """" &.""".. .". '<< r""'....c.~ N\u.J "'''' '""'-'-Cft ... 'He.)'",..,., ".l:b ., . property pre..ntly in hie or her PO...aaion, and thia Agreement ahall bave the effect of an assignment or bill of .ale from each party to tho other for euch property as may be in the individual po.SOBlion of each of tho partie. horeto. The parties hereto have diVided between themselvell, to their mutual satiafaction, all items of tangible and intangible marital Property. Neither party .ha1l make any claim to any auch items of marital property, or of the separate personal property of eith.r party, which are now in the posaeesion and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. property ahall be deemed to be in the posseeeion or under the control of either party if, in the case of tangible personal prope~y, the item is physically in the possession or control of the party at the time of the signing of thia Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, auch as passbook, checkbook, policy or certificate of insurance or other similar Writing is in the poesession or COntrol of the party. Husband and Wife shall each be deemed to be in the possession and Control of their own individual penSion or other employee benefit plans or retirement benefits of any nature to which either party may have a vested or contingent right or intereet at the time of the eigning of this Agreement, and neither will make any claim against the OCher for any interest in such 5 , , . . tbo ....ne.. Aa of the date of .xecution of tbi. Agr.ement, it io .nticipated that the last mortiage payment will be due in October, 2002. Thare.fter, in addition, HUsbsnd .hall pay Wife the sum of Threo Thouoand ($3,000) Dollars. in three (3) .qual monthly inltlllment. of one Thou8and ($1,000) Dollars, commencing the tenth of tho month following the last ~Drt9age payment, r.ferencad abov., and Oontinuing monthly until the balance of the three thousand dollarl h.. been paid in full. Time shall be of the eesence. As of the dlt. of execution of this Agreement, it is anticipated that the.. monthly payments will commence November 10, 2002 and end with the paymont due January la, 2003. The parties agree that the monthly payments set forth herein .hall be payable through and enforceable by Domestic Relations. It is the specific understanding of the parties that by his undertaking the obligation to pay the sums set forth in this Paragrsph, Husband is providing Wife with the means necessary to support and maintain herself by relieVing her of the responsibility of the mortgage payment and other living expenses. It is the intent of the parties that Husband's payment Obligation shall function as maintenance and support for the purpose of rendering it non- dischargeable, pursuant to 11 use 5231a) 15), in the event that Huaband should seek protection under the Bankruptcy laws of the United States. In the event Husband Succeeds in discharging theBe 7 .- .. .... , . . deQtl, h, Ihall be required to equitably reimbur8' wife to th. extent 8he pays any of tbe aforementioned obligations. wife shill have the option, however, in 8Uch event to reopen tho divorce to secure alimony or additional property, to compeneate her for pa~nt8 and expensel. The Court Ihall in auch event, retain continuing jurisdiction to award such to Wife, including her counael fees, exp.nae., coats, and resulting taxes, as well as the additional right to flnd Hueband in contempt of its order. NotWithstanding the foregoing, Husband here~ waives any right to And shall not in the future deduct on his income tll.X returns any part of these equitable reimbursement payments ae either alimony or spousal support. Wife shall not, therefore, declare any part of auch payments as income to har on har future inCOMe eex rei:urns. Should Husband attempt to deduct such payments as alimony or spousal "UY~L'", ne snal~ lnaemn1ty, cletend and hold Wife harml..ss from any taxes, penalty, interest, costs or expenses she sustains, including actual counsel fees, and taxed levied against, paid or incurred by her as a ~esult. Such action by Hueband shall be deemed a breach of th1a agreement. 8. lL!lhic1es. Notwithstanding Paragraph 6 'of this, '. Agreement, Husband shall retain possession and ownership of th~199? ) ~\III Chevrolet S~10 pickup, 1995 van, 1998 Chevrolet van, 1989 ChevrOlet van, and 1980 CUbe van now or previously in his possession. Wife hereby transfers all of her right, title and interest in said 8 f"UJ-"7'"tuul nl. 4,) t'U'.U:U. KHU.I ~ ttt.U:/C 71723404tl9 P.l~ . vehiole. to Hu.band. In conaiderat1on thereof, Husband .hall Illume full re.ponoibility for payment and oati.faction of Any and All liens pre..ntly binding Wife and encumboring the vehicles, and he agree. to indemnify, defend and hold Nife harmle.. for the .ame. wife shall I I .ign any title or othsr document. nae.seary to transfer ownership of said vehicles It any time, upon demand. NotWithstanding Para9raph 6 of this Agreement, Wife .hall r.tl1n po.....ion and owneroh1p of the 1995 Buick Riviera presently in her po..ession. Husband hereby transfers all of his right, title and interest in oaid vehicle to Wife. No liens encumber Wife's vehicle. Husband shall sign any title or other documents necessary to transfer ownership of said vehicle at any time, upo~ demand. 9. Pension. Wife shall retain her 401(k) with Vanguard Cellular Systeme a~d all IRA, 401(k), pension and other retirement accounts titled in her name. Husband represents and warrants that he had no IRA, 401(k), pension or other retirement benefits as of the parties' January, 1999 separation and continues to have none as of the date of execution of this agreement. 10. Alimonv. Both parties acknowledge and agree that the provisions Of this Agreement providing for equitable distribution of property are fair, adequate and satisfactory to them, and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now have against'the other for support, maintenance or alimony. Husband and 9 .. . Wife further voluntarily and intelligently waive and ~.linquish any right to .eek !rom the other any payment tor aupport Or' alimony, except .e aat !orth herein. Each party shall indemnify, de tend and hold the other harmlells against any futu~e ection for either 8upport or aliltlOny, rnoditication or extension of nme, brought by or on behalf of the other and the result. of IUch action, Iuch indemnity to include the actual couneel fees of the party being sued for 8upport or alimony in any such future action, except as stated herein. 11. Medical Ineur~nce. Prom and after the date of divorce, each party shall provide for his or her own medical insurance. Husband shall maintain Wife'l exiating medical insurance coverage until the date of divorce. Thereafter, Husband shall cooperate as needed so that Wife can obtain COaRA coverage, if she so chooses. 12. ~edical Bills. From and after the date of this Agreement, each party shall pay his or her own unreimbureed medioal expenses. 13. Busines.. Husband and Wife are the owners of L&M Heat~ng and Air Conditioning, a sole proprietorship, which includes equipment, receivables, vehicles, tools, inventory, and related accessories for the conduct of the business. Husband Shall keep the business as his Own property exclusively. Wife hereby ~elinquishes all claim and right she may have to the business, under and pursuant to the pennsylvania Divorce Code and the Agreement of the parties 10 rt.u""U~4"U nl'e.) ru\\,.CLL. MW ...-..., I"I-LL~ 'UC~ r.le ,. , . dated September 20, IPPs. Huaband aball indemnify, detend and hol4 IUfe harmlelll from and against any IInd all tax, creditor and other claims all8erted against her liS . result of her ownerahip interellt in tne bucinQlIl, including tne actual councel feee expended to defend againat cuch claims. 14. Al imonv Pendftl"l~1I!!l TJi te. Counllftl V~f!!i and Rxn.nggg. Husband i8 paying Wife the GUm of $1,124 per month pursuant to a stipulated Order of Court dated July 2, 1999, filed to Docket #186 Support 1999, DR 28,405. Husband ehall continue to make such payments through the thirtieth of ths montn in whicb a decree in divorce is entered. Thereafter, payments shall commence pursuant to Paragraph 7 hereof. Additionally, HUSband shall continue to be responsible for all arrearages OWing in the support action. From and after the entry of a decree in divorce, Husband and Wife acknowledge and agree that tne prOvisions of this Agreement prOViding for the equitable distribution of marital property of the parties is fair, adequate and satisfactory to them. Soth parties shall sccept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel feee or expenees, or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. Eacn party shall be reSponsible for his or her own 11 """'-t.U.. N<\AJ ....11 '"-UI< '1fC'~""1') COUnsel f.... and each aire.s to indemnify, dftfend end .ave the other htrmle.. from any action commenced ag~inst the other for alimony pendente lite. counsel eees and/or expenses. 15. Joint Tax Roturns. The parties have filed joint federal. etate and local tax raturn. in the paot. Each party has relied on the other to truthfully and accurately report his or her respective income. Particularly, Wife ha. relied on Husband to truthfully and accurately report income and expenses from L&M Heating and Air Conditioning, and HUSband has reUed on Wife to truthfully and accurately report her ~mployment income and expenses. To the extent either party has inaccurately reported income or expenses, knowingly or unknowingly, or has otherwiee misstated any matter such that additional tax. interest or penalty may be due'with regard to a jOint return, that party shall indemnify, defend and hold harmless the other from and against any and all liability for tax, interest and penalties due. as well as actual Counsel fees and costs incurred in the defense of such matterB. Within five (5) calendar days of either party's receipt of any deficiency notice or other correspondence from the Internal Revenue Service, the Pennsylvania Department of Revenue, or the local taxing authority, the receiving party shall provide the other with a copy of such notice and/or correspondence. 16. Divorce. A Complaint in Divorce has been filed to No. 1794 CIVIL 1999 in the Court of Common Pleas of Cumberland County, 12 " , . Plnnly1vanJI, and either party Bhall be free to proceed without further delay to secure the divorce. Both plrtie. shall Bign an affidaVit evidencing their consent to the divorce, pursuant to Section 3301 (c) of the Divorce Code. In the event either party fail, or refu.ee to execute such affidavit upon the other party'. timely reque.t, that party shall indemnify, defend and hold the other harmleas from any and all Idditional expenses, including actual counsel fees, reOUlting from any action brought to compel the refusing party to con.ent. Each party hereby agreee that a legel or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of thiB Agreement by the proceeding party, there shall be no defense to such action asserted. 17. Time of Distribution, The assets and interests to be transferred under and pursuant to this Agreement shall be conveyed and transferred to the respective parties immediately upon the execution of this Agreement. The parties shall cooperate by executing all documents necessary to effectuate a divorce under Section 3301(c) or 3301(d) of the Pennsylvania Divorce Code, and this Agreement to cooperate shall be enforceable as an order of court pursuant to 23 Pa.C.B.A. S310S or by an assumpsit action for specific performance. However, upon refusal to consent, all property dietributed to the party referring to consent shall be returned to the party originally in possession, until the time of final decree. 18. Reconciliation. Notwithstanding a reconciliation 13 .. between the pa~t1e., this Agreement .hall continue to remain in full forge and effect, ab.ent a writing .iined by the partiea aeating that this Agreement i. null and void. 19. Relea'8~ Subject to the provi.ions of thia Agroement, each party has releaeed and diacharged. and by thi. Agreement doe. for himself or her.elf, and hi. or her heii., legal representative., executore, administrators and aaaigne, releaee, indemnify (including actual legal fee.' an~ discharge the other of and from all causee of action, claims, rights, or demands, what.oever in law or equity, including equitable distribution, spousal support, alimony, counsel fee., alimony pendente lite, and expenees which either of the partieD against the other ever had, now has, or may have in the future under the Pennsylvania Divorce Code, as amended, or under any other statutory or common law, except any and all causes of action for divorce, for breach of any provisions of this Agreement, or for any cause set forth in this Agreement. Each party also waives his or her right to request marital counseling, pursuant to Section 3302 of the Divorce Code. 20. Waivers of Cl~ims Aaainat Estates. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereaftsr a'"quire under the present or future laws of any jurisdiction, to share in the property or the estate of the other aa a result of the marital relationship, 14 .. including without limitation, dower, cure..y, statutory allowance, wi4ow'o allowance, right to take in inteetacy, right to take against the Will of the other. and right to act a. administrator or executor of the other'S estate, and any right exiating now or in the future under the 5'ann.ylvln1a Divorce Code. as amended from time to time. and each will, at the request of the other, execute. acknowledge and deliver any and all instruments which may be necessary or advisable to carry into etlect this mutual waiver and relinquishment of all such interestll, righte and claims. Each further waives any right to inherit or receive property or act as the personal repreeentative of the estate of the other by Will, Codicil, intestacy, or insurance policy, unless such Will, Codicil, or insurance pOlicy (designation of beneficiary) is dated subsequent to the effective date of this Agreement. :21. RiClhts on Execution. Immediately upon the execution of this Agreement, the rights of each party against the other, despite their continuing marital status, shall terminate, except as set fOrth in this Agreement. 22. Breach. In the event of breach of any of the terma of this Agreement, the nonbreaching party shall be paid, as part of any award or judgment against the breaching party, all costs. including actual counsel fees paid to his or her attorney. 23. Incarcoration in Final Divorce. The terms of this Agreement shall be incorporated but shall not merge in the final 1S " divorce decree between the parti... Any Court hevinq jurisdiction shall enforce the provieione of thia Agreement a. if it were a Court Order. Thi. Agreement shall lIurvive in ite entirety. re.olving the Spousal aupport, alimony, aquitable di.tribution an~ ot~er interoato an~ right. of the parties under and pursuant to the Divorce Code of the Commonwealth of pennsylvania, and no court aoked to enforce or interpret this Agreement ahall in any way chang. the term8 of thi. Agreement. This Agreement may be enforced independently of any 8upport order, divorce decree or judgment and its terll18 shall take precedence over eame, remaining the primary obligation of each party. This Agreement shall remsin in full force and effect regardless of any change in the marital status or the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to executa the Agreement. 24. Additional Instruments. Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, any and all further instruments that may be reasonably required to give full force end effect to the provisions of this Agreement. 25. ~eDarabilit~ In case any provision of this Agreement should be held to be contrary to, or invalid under, the law of any country, state or other Jurisdiction, such illegality an~ invalidity 16 fW-e'r1e01 li'l~ I'U<I.tU. N<U.1 ...... "'U.e" l~fC~~ 1..W thlll not in any way affect the other provitione hereot, all ot whic~ ahall continue, nevortholo.., in full force and ettact, and each paragraph herein ,hall be doemed to be a separate and undilputed covenant and agreemont. ~6. Entire Aareement. This Agreement contains the entire, complete and exclulive understanding of the partiee, and there are no repraeentations, warranties, covenants and undertakings other than those exprea.ly .et forth herein. Husband and Wife acknOwledge and agree that the provisionll of this Agreement with respect to the di.tribution and division of marital and separate property are tair, equitable and satiafactory to them, based on the length of their marriage and other relevant factors which have been taken into consideration by the partie.. Both parties hereby accept the provisiono of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hsreafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502 (d) of the Divorce code or any other laws. Husband and wife each voluntarily and intelligently waive and relinquiah any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any right to seek court relief for the purpose of enforcing the provisions of this Agreement. 17 lUH&-allIll 11112:1 f'UlI;W" Kl<W H'Ill ~ t.&,...)It~ r,l' " 27. Mod1ficltion and Waiver. A modification or waiver of any Of tbe provisiona of thio Agreement shall be effective only if mad, in writing and executed with the .ame formality ao thi. A;reement. The failure of either party to ineiBt upon strict performance of the provisions of this Agreement shall not be construed aa a waiver of any subsequent default Of tbe same or lIimilar nature. 28. VoluntarY Execution. The provb10na of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Howard B. Krug, Esquire for Hife and Joseph Buckley, Esquire for Husband, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with or are aware of all information relating to the financial affairs of the other Which has been requested by each of them or by their respective counsel. Bach party further acknowledges that each has conducted his own independent investigation into the existence of the other's assets and liabilities end is not depending upon any representations made by the other party in agreeing to the terms hereof. 29. Descriotive Headinas. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 18 FUi-1l9-2ll01 111:25 " FUlCELL KR\.D FMl tR.1.ER . " , C , 30. Acrrlllllll8nt lIindinQ on Heirs. Thill Agreement "hall be binding and shall inure to the benefit of the partie. hereto, and their respective heirll, executor" administrators, lIUcceaeors and assigns. IN WITNlSS WHaRiOF, the parties hereto have hereunto set C'!'lir hande and lI~he day and year WI S, .,,1./ / ,,' ~ ,.. .,' . 1','. . ./.,..- ~ tirat above written. . 19 TOTFi.. P.2B Exhibit B . .. ~ , DOROTHY L. LEHMAN Plaintiff, DR 28,405 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 186 SUPPORT 1999 DOMESTIC RELATIONS SECTION va. LEE G. LEHMAN, Defendant. ORDER OF COURT AND NOW, this 2nd day of July, 1999, upOn consideration of Plaintiff's complaint fo~ spousal support and of Defendant's appeal from the Order of Court dated April 30, 1999, and the Court finding that the Plaintiff's net monthly income/earning capacity is $1276.75, that the Defendant's net monthly income/earning capacity is $3500.00, and that the parties' mortgage payment per month on the residence occupied by the Plaintiff is $1010.90, it is ordered and directed as follows: From March 12, 1999 to April 1, 1999, the payor's monthly obligation for spousal support shall be $889.30. From April 1, 1999, and thereafter, the payor's monthly spousal support obligation shall be $1,124.00. The Domestic Relations Office is directed to recalculate the arrearages in accordance with this Order, and the Order of April 30, 1999, shall be deemed otherwise amended in accordance with the income figures referred to above. This Order represents a deviation from the guidelines due to the mortgage payment on the parties' home. To the extent that any arrearages are due under this Order, they should be payable at the rate of $40.00. The Defendant shall continue, through his business, . , " ~ >- ,... E; tr ;!; llJ~J c'': :5, ~ c' .. ~J.~_j () < t,.". ~:': 1.1... '.. , , ) ::.J >- ( , r-- " I:"~ I I -, i C "',,a I~- L ~.~;~ '-'. I ~j ( , <.:J () .. .' ~