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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
NU.....9.9.-.5133 . ................. 19
.KENNETH ...B. LEHMAN
Vercns
...ELLEN L.- LEHMAN
r
DECREE IN
DIVORCE
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AND NOW, ........ A/,L Uu, ....2&l ... , -19 ... ... it is ordered and
decreed that .....Kenneth.B..Lehman ........................ plaintiff,
and ............Ellen L...Lehman defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered; NONE
The Comprehensive Marriage Settlement Agreement dated October 25,
2QQQ,•.4nO, the•s.UBpJemopt.aJ.Atn.endmAnts, thereto.da•ted• December, 1,
2000, and December 29, 2000, executed th pties are attached
hereto •and• •incorpor•ated• •i•nto• •this• • eree - nf•orcement• • • • • •
purposes only pursuant to Sectio 3105 of t Pe nsylvania
Divorce Code.
B y a Co t:
Attest: ^ J.
Prothonotary
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KENNETH B. LEHMAN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-5133
ELLEN L. LEHMAN, CIVIL ACTION - LAW
Defendant IN DIVORCE
DOMESTIC RELATIONS ORDER
1. This Order creates and recognizes the existence of an Alternate Payee's
right to receive a portion of the Participant's benefits payable under the Civil Service
Retirement System ("CSRS"). It is intended to constitute a Court Order Acceptable for
Processing under final regulations issued by the Office of Personnel Management
("OPM"). The provisions of this court order are drafted in accordance with the
terminology used in Part 838 of Title 5, Code of Federal Regulations.
2. The Participant's name, mailing address, Social Security number and
date of birth are:
Kenneth B. Lehman
105 Doubling Gap Road
Newville, PA 17241
Social Security Number: 200-24-0992
Date of Birth: 07/14/32
3. The Alternate Payee's name, mailing address, Social Security number
and date of birth are:
Ellen L. Lehman
91 Doubling Gap Road
Newville, PA 17241
Social Security Number: 198-30-2417
Date of Birth: 05/03/39
4. The Participant is receiving retirement benefits under the Civil Service
Retirement System based on employment with the United Stated Government.
5. This Order relates to the provision of marital property rights to the
Alternate Payee as a result of the Order of Divorce between the Participant and
Alternate Payee.
6. The Alternate Payee is entitled to a portion of the Participant's Gross
Monthly Annuity under the CSRS as set forth herein. The United States Office of
Personnel Management is hereby directed to pay Alternate Payee's share directly to
Alternate Payee.
7. From the benefits otherwise payable to the Participant each month, the
Alternate Payee shall receive an amount equal to 50% of the Participant's Gross
Monthly Annuity, commencing as soon as administratively feasible following the date this
Order is approved by the OPM.
In addition to the preceding, when cost-of-living adjustments are applied to the
Participant's retirement benefits, the Alternate Payee shall be entitled to receive a pro
rata share of such cost-of-living adjustment based upon his or her assigned percentage
of the Participant's benefits.
8. The monthly payments under Paragraph 7 shall commence to the
Alternate Payee as soon as administratively feasible following the date this Order is
approved as a Court Order Acceptable for Processing by the OPM. Payments shall
continue to Alternate Payee for the joint lives of the parties. The benefits shall terminate
only upon the death of either of the Participant or the Alternate Payee. The Participant
agrees to arrange or to execute all forms necessary for the OPM to commence
payments to the Alternate Payee in accordance with the terms of this Order.
9. Pursuant to Section 8341(h)(1) of Title 5, United States Code, Alternate
Payee shall be awarded the maximum former spouse survivor annuity under the CSRS.
Further, the costs associated with providing this surviving spouse annuity coverage shall
be divided equally between the Participant and the Alternate Payee. Participant agrees
to take all necessary steps to continue the Alternate Payee as the designated
beneficiary for purposes of sustaining such surviving spouse coverage for Alternate
Payee.
10. In the event that the CSRS inadvertently pays to the Participant any
benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the
Participant shall immediately reimburse the Alternate Payee to the extent that he has
received such benefit payments and shall forthwith pay such amounts so received
directly to the Alternate Payee within ten (10) days of receipt.
11. If Participant takes any action that prevents, decreases, or limits the
collection by Alternate Payee of the sums to be paid hereunder, he shall make payments
to Alternate Payee directly in an amount sufficient to neutralize, as to Alternate Payee,
the effects of the actions taken by Participant.
12. The Court shall retain jurisdiction with respect to this order to the extent
required to maintain its' status as a Court Order Acceptable for Processing and the
original intent of the parties as stipulated herein. Further, the Court shall retain
jurisdiction to enter such further orders as are necessary to enforce the award to
Alternate Payee of the benefits awarded herein.
EXECUTED this ' u ` day of
E
J.
01 J';':' ?. j P 14: j in
PcN; JSY1!!r;';ri
CONSENT TO ORDER:
Participant/Plaintiff Alternate Payee/Defendant
Kenneth B. Lehman Ellen L. Lehman°
Date: Z o O Date: /.z _ ?gc,
4ttopey for Participant/Plaintiff Attorney for Alternate
Date:
. M
SECOND AMENDMENT TO COMPREHENSIVE
MARRIAGE SETTLEMENT AGREEMENT
This Amendment made this 941ay of December, 2000, constitutes the
second amendment to the Comprehensive Marriage Settlement Agreement dated
October 25, 2000, between KENNETH B. LEHMAN ("Husband")
and ELLEN L. LEHMAN ("Wife")
WITNESSETH:
WHEREAS, the parties entered into a Comprehensive Marriage Settlement
Agreement dated October 25, 2000, and an Amendment thereto dated December 1,
2000; and
WHEREAS, the parties desire to enter into a second amendment to said
Agreements;
NOW THEREFORE, in consideration of the mutual premises herein and
intending to be legally bound hereby, the parties amend their Comprehensive Marriage
Settlement Agreement and First Amendment thereto with this Second Amendment as
follows:
Paragraph 18 is amended with the following language added thereto:
18. Equitable Distribution Payments to Wife
The parties further agree that in lieu of Husband reimbursing Wife for 100% of
her health insurance premiums including the cost of Temporary Continuation of
Coverage (TCC) through the Federal Government and all monthly premiums hereafter
due and owing which arise from her Spouse Equity Enrollment in a same or similar
"standard option"plan for the remainder of her natural life, 100% of all costs and
insurance premiums payable for Wife's' continued health insurance coverage shall be
deducted directly from the 50% portion of Husband's "gross monthly pension benefit" as
defined at Paragraph 15 of the parties' Comprehensive Marriage Settlement Agreement
dated October 25, 2000, and as contained in their Domestic Relations Order. Until such
time as the Office of Personnel Management commences this deduction from Husband's
50% gross monthly pension benefit, Husband shall remain responsible for directly
reimbursing Wife for 100% of the cost of her health insurance coverage as contained in
Paragraph 18 of the parties' Comprehensive Marriage Settlement Agreement dated
October 25, 2000.
2. The parties hereby covenant and agree to add the following paragraph to
their original Comprehensive Marriage Settlement Agreement:
46. The parties acknowledge and agree that Wife shall receive as her sole
and separate property all right, title and interest in one (1) government bronze memorial,
one (1) standard burial vault, one (1) casket, and one (1) burial space in the "Garden of
Benediction." Husband waives all right, title and interest in and to the above assets
awarded to Wife which were previously purchased by the parties from Westminster
Cemetery, Inc. 1159 Newville Road, Carlisle, PA 17013.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first above written.
I 4!:Zz ?
Ellen L. Lehman
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
On this _&day of December, 2000, before me a notary public, the undersigned
officer, personally appeared Kenneth B. Lehman, known to me (or satisfactorily proven)
to be the person whose name is subscribed to the within instrument, and acknowledged
that he executed same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
eal Notary Public
Noterlal S
Karen Kay Buckley. Notary Public
South Middleton 1Wp., Cumberland County
My Commission Expires June 23, 2001 Notarial Seal
Karen Kay Buckley, Notary South Middleton Up., Cumberla,
COMMONWEALTH OF PENNSYLVAN A"y Commissiorl Expires Junt
) SS:
COUNTY OF CUMBERLAND )
706
On this + 7 day of December, 2000, before me a notary public, the undersigned
officer, personally appeared Ellen L. Lehman, known to me (or satisfactorily proven) to
be the person whose name is subscribed to the within instrument, and acknowledged
that he executed same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
Notary Public I?
Notadat Seal
LKarMer Kay Buckley, Notary Public
ddletbn Twp., Cum berland County
mission Expires June 23, 2001
KENNETH B. LEHMAN,
Plaintiff
VS.
ELLEN L. LEHMAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
. NO. 99 - 5133 CIVIL
IN DIVORCE
ORDER OF COURT
AND NOW, this /8M day of
2001, the economic claims raised in the proceedings having
been resolved in accordance with a comprehensive marriage
settlement agreement dated October 25, 2000, and
supplemental agreements to the marriage settlement agreement
dated December 1, 2000, and December 29, 2000, the
appointment of the Master is vacated and counsel can file a
praecipe transmitting the record to the Court requesting a
final decree in divorce.
BY THE COURT,
/IR410?
Geor e H f er, P. .
cc: Joseph D. Buckley
Attorney for Plaintiff
Charles Rector
Attorney for Defendant
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COMPREHENSIVE MARRIAGE
SETTLEMENT AGREEMENT
THIS AGREEMENT made this jf day of C 46 ) 4V , 2000, by
and between KENNETH B. LEHMAN (HUSBAND)
and
ELLEN L. LEHMAN (WIFE)
WITNESSETH:
WHEREAS, the parties hereto are HUSBAND and WIFE, having been married
on December 3, 1955, in Hagerstown, Maryland. There were four children born of this
marriage, all of whom are now emancipated.
WHEREAS, diverse and unhappy differences, disputes and difficulties have
arisen between the parties and it is the intention of HUSBAND and WIFE to live
separate and apart for the rest of their natural lives, and the parties hereto are desirous
of settling fully and finally their respective financial and property rights and obligations
as between each other including, without limitation by specification: the settling of all
matters between them relating to the ownership and equitable distribution of real and
personal property; the settling of all matters between them relating to the past, present
and future support, alimony and/or maintenance of WIFE by HUSBAND or of
HUSBAND by WIFE; and in general, the settling of any and all claims and possible
claims by one against the other or against their respective estates.
NOW, THEREFORE, in consideration of the premises and mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable
consideration, receipt of which is hereby acknowledged by each of the parties hereto,
WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree
as follows:
1. INCORPORATION OF PREAMBLE.
The recitals set forth in the Preamble of this Agreement are incorporated herein
and made a part hereof as if fully set forth in the body of the Agreement.
2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS.
This Agreement shall not be considered to affect or bar the rights of HUSBAND
and WIFE to an absolute divorce on lawful grounds if such grounds now exist or shall
hereafter exist or to such defense as may be available to either party. This Agreement
is not intended to condone and shall not be deemed to be condonation on the part of
either party hereto of any act or acts on the part of the other party which have
occasioned the disputes or unhappy differences which have occurred or may occur
subsequent to the date hereof. The parties acknowledge that their marriage is
irretrievably broken and that they shall secure a mutual consent no-fault divorce
pursuant to the terms of Section 3301(c) of the Divorce Code in HUSBAND's
Cumberland County divorce action docketed to number 99-5133.
3. EFFECT OF DIVORCE DECREE.
The parties agree that unless otherwise specifically provided herein, this
Agreement shall continue in full force and effect after such time as a final Decree in
Divorce may be entered with respect to the parties.
4. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE.
The parties agree that the terms of this Agreement shall be incorporated into
any Divorce Decree which may be entered with respect to them.
5. NON-MERGER.
It is the parties' intent that this Agreement does not merge with the Divorce
Decree, but rather shall continue to have independent contractual significance. Each
party maintains his or her contractual remedies as well as court ordered remedies as
the result of the aforesaid incorporation or as otherwise provided by law or statute.
Those remedies shall include, but not be limited to, damages resulting from breach of
this Agreement, specific enforcement of this Agreement and remedies pertaining to
failure to comply with an order of court or agreement pertaining to equitable distribution,
alimony, alimony pendente life, counsel fees and costs as set forth in the Pennsylvania
Divorce Code or other similar statutes now in effect and as amended or hereafter
enacted.
6. DATE OF EXECUTION.
The "date of execution" or "execution date" of this Agreement shall be defined
as the date of execution by the party last executing this Agreement.
7. DISTRIBUTION DATE,
The transfer of property, funds and/or documents provided for herein shall only
take place on the "distribution date" which shall be defined as the date of execution of
this Agreement unless otherwise specified herein.
8. ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully
explained to the parties by their respective counsel, Joseph Buckley, Esquire for
HUSBAND, and Charles Rector, Esquire, for WIFE. The parties acknowledge that they
have received independent legal advice from counsel of their selection and that they
fully understand the facts and have been fully informed as to their legal rights and
obligations and they acknowledge and accept that this Agreement is, in the
circumstances, fair and equitable and that it is being entered into freely and voluntarily,
after having received such advice and with such knowledge and that execution of this
Agreement is not the result of any duress or undue influence and that it is not the result
of any collusion or improper or illegal agreement or agreements.
9. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS.
Each party understands that he or she has the right to obtain from the other
party a complete inventory or list of all of the property that either or both parties own at
this time or owned as of the date of separation, and that each party has the right to
have all such property valued by means of appraisals or otherwise. Both parties
understand that they have the right to have a court held hearings and make decisions
on the matters covered by this Agreement. Both parties understand that a court
decision concerning the parties' respective rights and obligations might be different
from the provisions of this Agreement.
Each party hereby acknowledges that this Agreement is fair and equitable, that
it adequately provides for his or her needs and is in his or her best interests, and that
the Agreement is not the result of any fraud, duress, or undue influence exercised by
either party upon the other or by any other person or persons upon either party. Both
parties hereby waive the following procedural rights:
a. The right to obtain an inventory and appraisement of all marital and non-
marital property as defined by the Pennsylvania Divorce Code.
b. The right to obtain an income and expense statement of the other party
as provided by the Pennsylvania Divorce Code.
C. The right to have property identified and appraised,
d. The right to discovery as provided by the Pennsylvania Rules of Civil
Procedure.
e. The right to have the court determine which property is marital and which
is non-marital, and equitably distribute between the parties that property which the court
determines to be marital, and to set aside to a party that property which the court
determines to be that parties' non-marital property.
The right to have the court decide any other rights, remedies, privileges,
or obligations covered by this Agreement and/or arising out of the marital relationship,
including but not limited to possible claims for divorce, child or spousal support,
alimony, alimony Pendente Lite (temporary alimony), equitable distribution, custody,
visitation, and counsel fees, costs and expenses.
10. PERSONAL PROPERTY.
The parties acknowledge that they have previously agreed to a division of all of
their tangible personal property including, but not limited to, jewelry, clothes, furniture,
furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books,
works of art and other tangible personal property. Each of the parties hereto does
waive, release, and forever abandon any right and all title, interest and claim, in and to
the tangible personal property to become the property of the other party pursuant to the
terms of this paragraph. Except that WIFE shall receive, in addition to the items
currently in her possession, the following items which shall be made available to her
within five (5) days of execution of this Agreement:
One piano stool from the house.
11. AFTER-ACQUIRED PROPERTY.
Each of the parties shall hereafter own and enjoy, independently of any claim or
right of the other, all property, tangible or intangible, real, personal or mixed, acquired
by him or her, with or without non-marital assets, after the date of this Agreement, with
full power in him or her to dispose of the same as fully and effectively, in all respects
and for all purposes, as though he or she were unmarried and each party hereby
waives, releases, renounces and forever abandons any right, title, interest and claim in
and to said after acquired property of the other party pursuant to the terms of this
paragraph.
12. DIVISION OF VEHICLE
With respect to the vehicles owned by one or both of the parties, or the net
proceeds or value derived from any prior sale or trade in thereof, they agree as follows:
Wife waives all right, title, and interest in and to the 1987 Nissan pickup and the
1983 Toyota Motorhome which shall become the sole and exclusive property of
husband. Husband shall indemnify and save wife harmless from any costs or debts
associated with same.
The titles or assignment of any lease agreements to said vehicles shall be
executed by the parties, if appropriate, for effectuating transfer as herein provided on
the date of execution of this Agreement and said executed titles/assignments shall be
delivered to the proper party on the distribution date. For purposes of this Paragraph
the term "title" shall be deemed to include "power of attorney" if the title or lease
agreement to the vehicle is unavailable due to financing arrangements or otherwise. In
the event any vehicle is subject to a lien, encumbrance, lease or other indebtedness in
the party receiving said vehicle as his or her property shall take it subject to said lien,
encumbrance, lease or other indebtedness and shall be solely responsible therefor and
said party further agrees to indemnify, protect and save the other party harmless from
said lien, encumbrance, lease or other indebtedness. Each of the parties hereto does
specifically waive, release, renounce and forever abandon whatever right, title and
interest he or she may have in the vehicle(s) that shall become the sole and separate
property of the other pursuant to the terms of this Paragraph.
13. DIVISION OF REAL ESTATE
The parties are the owners of real estate known and numbered as 105 Doubling
Gap Road, Newville, Cumberland County, Pennsylvania, 17241, and 105 Steelstown
Road, NewvUle, Cumberland County, Pennsylvania, 17241. The parties agree to
immediately list for sale the 105 Steelstown Road property and continue with that listing
until the property is sold and settled and shall otherwise act in good faith through their
attorneys in responding to formal written offers on the property. Following final
settlement and sale of said property, the net proceeds shall be divided with WIFE
receiving the first $90,000.00 and the parties dividing equally the remaining net
proceeds. In consideration thereof, and following settlement, WIFE shall execute a
special warranty deed in favor of HUSBAND for the property known and numbered as
105 Doubling Gap Road, Newville, Cumberland County, Pennsylvania. With respect to
the Steelstown Road property, the parties agree as follows:
a. HUSBAND shall assume full responsibility for repair of the wrought iron
fence located on the front of the property and agrees to make said repairs within thirty
(30) days of the date of this Agreement. In addition husband shall obtain repair of the
ceiling under the front porch, repair of spouting, and roof leaks over the back porch
laundry room. Wife shall reimburse husband 50% of the costs of these repairs
following sale and settlement of the Steelstown property. Wife must approve all cost
estimates prior to work commencing.
b. The parties acknowledge that property taxes are
currently due and owing. To the extent possible, without compromising title to the
home or causing discontinuance of utility service, the parties agree to forego payment
of these bills until sale and settlement of the real estate. By way of clarification, in the
event that payment of the taxes is necessary to preclude a tax sale, HUSBAND shall
pay in full the taxes and other obligations to prevent a tax sale and/or liens accruing on
the property and he shall be credited at settlement with one-half of the amounts paid by
him. Except for the above-referenced debts, HUSBAND shall not be reimbursed for
any improvements or repairs to the home, etc., which are not specifically authorized by
WIFE.
C. Both parties agree to immediately execute any and all documents
necessary to list for sale the property known and numbered as 105 Steelstown Road,
Newville, Cumberland County, Pennsylvania, with Gary Shollenburger, Listing Agent.
15. HUSBAND'S PENSION.
(a) The parties acknowledge that HUSBAND is the owner of one pension
plan with the Federal Government, otherwise known as a Civil Service Retirement Plan
administered by the United States Office of Personnel Management which pension plan
entered pay status on or about February 1, 1984, and on which plan WIFE is the
named beneficiary of survivor benefits pursuant to election made by HUSBAND when
said plan went into pay status. The parties hereby agree that the gross monthly
benefits pursuant to said pension plan shall be divided with HUSBAND receiving 50%
of the gross monthly benefit payable and with WIFE receiving the remaining 50% of the
gross monthly benefit. The gross monthly benefit shall be defined as the gross monthly
benefit payable to HUSBAND before taxes and health insurance are deducted
therefrom. Following cancellation and suspension of the Support Order docketed at
DR 25,769 and until such time as WIFE receives her separate check for 50% of
HUSBAND'S gross monthly pension benefit, he shall forward to her directly a check
equal to 50% of his net monthly benefit which shall be received by her on or before the
101h day of each month. These payments shall constitute nontaxable equitable
distribution payments to wife. Once WIFE receives her first monthly check directly from
HUSBAND'S pension plan equivalent to 50% of the gross monthly benefit,
HUSBAND'S obligation to pay WIFE directly terminates except those obligations set
forth herein regarding his payment of health insurance coverage and uninsured medical
expenses.
(b) Both parties shall cooperate fully in the preparation of a Qualified
Domestic Relations Order (QDRO) which contains the terms outlined in this Agreement,
including the distribution of 50% of the gross monthly pension benefit to WIFE of
HUSBAND'S Federal pension, including 50% of any future cost of living increases and
a survivor benefit. The QRDO once signed, shall be forwarded to the Office of
Personnel Management, Court Ordered Benefit Branch, P O Box 17, Washington, DC
20044. Both parties shall cooperate in executing the QDRO as it is prepared as well as
any amendments required by the Office of Personnel Management.
(c) HUSBAND agrees to execute such documents or perform such acts as
are necessary to continuously maintain WIFE as survivor annuitant/beneficiary with
respect to said pension plan in an amount no less than 50% of his gross retirement pay
and agrees to refrain from taking any action, directly or indirectly, which would cause
any diminution in the value of WIFE'S interest as survivor annuitant/beneficiary in said
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plan.
(d) HUSBAND further agrees to release any and all information related to
such plan or his entitlement to benefits thereunder to WIFE and this Agreement shall
constitute sufficient authorization for the United States Office of Personnel
Management, or any other applicable agency or entity, to release any and all such
information directly to WIFE upon written request.
(e) HUSBAND acknowledges and agrees that he previously selected a
Survivor Benefit upon retirement from the Federal Government which, upon his death,
will provide WIFE a monthly benefit amount no less than 50% of the gross monthly
benefit of HUSBAND'S pension.
16. SUPPORT ORDER.
The parties acknowledge that a current Order of Support exists through the
Court of Common Pleas of Cumberland County, Pennsylvania, docketed at DR 25,769.
HUSBAND and WIFE agree that said Support Order, as amended, shall remain in full
force and effect until such time as the parties are divorced. Consistent with said Order
of Support, HUSBAND is obligated to pay to WIFE a benefit equal to 40% of his net
monthly income and to cover all uninsured medical expenses of WIFE. Prior to the
finalization of the divorce, counsel for HUSBAND shall provide to counsel for WIFE
written confirmation that all uninsured medical expenses have been paid in full. Said
Order shall be suspended upon the date the parties' divorce decree issues at which
time HUSBAND'S obligation, pursuant to Paragraph 15(a) of this Agreement, shall be
immediately triggered. Following entry of the divorce decree, and prior to sale and
II
settlement of the Steelstown Road property, husband shall assume full responsibility
for payment of the electric and water bills due and owing from January 1, 2001, until
the property is sold, and for payment of the fire insurance premium after June 1, 2001,
and shall receive no credit at settlement for said payments. If the property is not sold
and settled prior to September 1, 2001, then husband shall pay to wife in addition to all
payments set forth in this agreement, 50% of the net proceeds derived from rent
received on the Steelstown Road property.
17. WIFE'S MEDICAL INSURANCE BENEFITS
(a) HUSBAND hereby agrees to continuously maintain WIFE as alternate
beneficiary on any and all health insurance benefits which he is entitled pursuant to his
previous federal employment. HUSBAND acknowledges that the has elected the
"standard option" Blue Cross/Blue Shield plan and HUSBAND agrees that he shall
maintain such coverage consistent with this Agreement.
(b) HUSBAND shall cooperate fully with WIFE prior to and subsequent to
the parties' divorce in facilitating temporary continuation of coverage (TCC) and
permanent health insurance coverage (Spouse Equity Enrollment) under the Federal
Employee's Health Benefits Program (FEHB) or similar statutes providing coverage to
former spouses.
(c) To the extent that additional documents, including Health Benefits
Registration Form 2809, and other documents must be prepared to facilitate the
uninterrupted health insurance coverage of WIFE, HUSBAND shall cooperate in full in
the preparation of said documents.
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18. EQUITABLE DISTRIBUTION PAYMENTS TO WIFE
The parties agree that following execution of this Comprehensive Marital
Settlement Agreement and until issuance of their divorce decree, HUSBAND shall
continue to maintain health insurance coverage for WIFE through his current Federal
plan identified as "standard option" Blue Cross/Blue Shield coverage. Following
issuance of the parties' divorce decree, HUSBAND shall reimburse WIFE directly for
100% of the health insurance premiums paid by her for Temporary Continuation of
Coverage (TCC) through the Federal Government and all monthly premiums thereafter
which accrue for her Spouse Equity Enrollment in same or similar "standard option"
plan for the remainder of her natural life. HUSBAND'S obligation to pay 100% of
WIFE'S health insurance coverage premiums shall continue uninterrupted hereafter
which costs shall be borne exclusively by HUSBAND. Commencing on the first month
that WIFE is billed directly for health insurance benefits, WIFE shall forward to
HUSBAND documentation evidencing the cost of said benefits, which entire cost shall
be reimbursed by HUSBAND directly to WIFE each and every month thereafter within
five (5) days of receipt of said documentation by HUSBAND from WIFE. By way of
clarification, HUSBAND shall, at all times hereafter, assume full responsibility for the
payment of WIFE'S health insurance coverage. Said reimbursement payments from
HUSBAND to WIFE shall be considered nontaxable equitable distribution payments.
19. WIFE'S UNINSURED MEDICAL EXPENSES
HUSBAND further shall assume full responsibility to WIFE for reimbursement of
100% of her uninsured medical expenses which may accrue following divorce of the
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parties. To secure payment of said uninsured expenses, and reimbursement for
payment of wife's future medical insurance premiums, and in the event that HUSBAND
predeceases WIFE, HUSBAND agrees to name WIFE as sole primary beneficiary of a
death benefit equal to and no less than $50,000.00 under his current Baltimore Whole
Life Insurance Policy and shall provide WIFE with documentation of same periodically
at WIFE'S request. Except that if the health insurance carrier determines that a claim
is rejected because it includes "duplication" of services, or is determined to be an
experimental treatment, or constitutes treatment for psychiatric care then in that event,
husband shall not be responsible to reimburse wife for any such uninsured costs.
20. INVESTMENT ACCOUNTS.
The parties are owners as tenants by the entireties of various investment
accounts, including a whole life insurance policy, which are identified herein on Exhibit
"A" attached. The parties agree that each waives all right, title and interest he or she
may have in the funds and/or life insurance cash value identified in the column under
the name of the other party now and forever. By way of clarification, each party shall
receive as their sole and exclusive property those assets listed under each party's
name. Counsel for the parties shall forward a copy of this Comprehensive Marital
Settlement Agreement to T.H.E. Financial Group, Ltd., Stephen L. Hood, 1 Kasey
Court, Mechanicsburg, PA, 17055, so that he can commence re-titling of funds
consistent with Exhibit "A."
21. DIVORCE.
The parties agree to remain married until either January 10, 2001, or until such
14
time as all documents are formally processed by the Office of Personnel Management
to secure WIFE'S uninterrupted health insurance coverage, or written confirmation of
WIFE'S survivor benefit designation and amount are provided by HUSBAND, whichever
date last occurs.
22. DIVISION OF BANK ACCO NTSISTOCK/LIFE INSURANCE.
Except as provided herein, the parties acknowledge and agree that they have
previously divided to their mutual satisfaction all of their bank accounts, certificates of
deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance
cash value and hereafter WIFE agrees that all said bank accounts, certificates of
deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance
cash value in the possession of HUSBAND shall become the sole and separate
property of HUSBAND and HUSBAND agrees that all said bank accounts, certificates
of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance
cash value in the possession of WIFE shall become the sole and exclusive property of
WIFE. Each of the parties does specifically waive, release, renounce and forever
abandon whatever right, title, interest or claim, he or she may have in any bank
account, certificates of deposit, IRA account, bonds, shares of stock, investment plans
and life insurance cash value that is to become the sole and separate property of the
other pursuant to the terms hereof.
23. MARITAL DEBTS.
Except as provided in this Agreement, the parties acknowledge that they have
previously divided the obligations and payments required thereof of any debts and
15
obligations arising during the marriage and in accordance therewith any obligation
being paid by a party shall continue to be so paid and said party shall indemnify,
protect and save the other party harmless therefrom.
Except as provided herein, a liability not disclosed in this Agreement will be the
sole responsibility of the party who has incurred or may hereafter incur it, and each
agrees to pay it as the same shall become due. Each party agrees to indemnify and
hold the other party and his or her property harmless from any and all such debts,
obligations and liabilities assumed by a party pursuant to this Paragraph. From the
date of execution of this Agreement, each party shall use only those credit cards and
accounts for which the party is individually liable and the parties agree to cooperate in
closing any remaining accounts which provide for joint liability. Except that husband
shall assume sole responsibility for any and all uninsured medical expenses accruing
from July 1, 1996, to present and he shall indemnify and save wife harmless from
payment of same.
24. WAIVER OF INHERITANCE.
Each of the parties hereto does specifically waive, release, renounce and
forever abandon any right, title, interest or claim, if any, either party may have in and to
any inheritance of any kind or nature whatsoever previously or in the future received by
the other party.
25. WIFE'S DEBTS.
Except as provided herein, WIFE represents and warrants to HUSBAND that
since the parties' marital separation she has not contracted or incurred any debt or
16
liability for which HUSBAND or his estate might be responsible and WIFE further
represents and warrants to HUSBAND that she will not contract or incur any debt or
liability after the execution of this Agreement, for which HUSBAND or his estate might
be responsible. WIFE shall indemnify and save HUSBAND harmless from any and all
claims or demands made against him by reason of obligations incurred by her.
26. HUSBAND'S DEBTS.
HUSBAND represents and warrants to WIFE that since the parties' marital
separation he has not contracted or incurred any debt or liability for which WIFE or her
estate might be responsible and HUSBAND further represents and warrants to WIFE
that he will not contract or incur any debt or liability after the execution of this
Agreement, for which WIFE or her estate might be responsible. HUSBAND shall
indemnify and save WIFE harmless from any and all claims or demands made against
her by reason of debts or obligations incurred by him.
27. SOCIAL SECURITY BENEFITS.
The parties agree that subject to the rules and regulations of the Social Security
Administration, each of the parties shall continue to be eligible for Social Security
benefits to which he or she would ordinarily be qualified as a party to a divorce after a
marriage of ten (10) years or more in duration, if the parties' marriage is determined to
be of ten (10) or more years in duration.
28. INCOME TAX PRIOR RETURNS.
The parties have heretofore filed joint federal and state returns. Both parties
agree that in the event any deficiency in federal, state or local income tax is proposed,
17
or any assessment of any such tax is made against either of them, each will indemnify
and hold harmless the other from and against any loss or liability for any such tax
deficiency or assessment therewith. Such tax, interest, penalty or expense shall be
paid solely and entirely by the individual who is finally determined to be the cause of
the misrepresentations or failures to disclose the nature and extent of his or her
separate income on the aforesaid joint returns.
29. YEAR 2000 TAX RETURN
The parties agree to execute a joint tax return for the tax year 2000. In the
event that monies are owed, HUSBAND agrees to pay said monies in full and to
indemnify and save WIFE harmless from payment of same. In the event the parties
receive a refund on any taxes paid, said refund shall be divided equally between the
parties.
30. INSURANCE CHECK D SB URSEMENT
On the date of execution of this Agreement, HUSBAND'S counsel shall
immediately release to WIFE and her attorney a check equal to one-half (1/2) of the
existing escrow account balance established by HUSBAND'S attorney at Orrstown
Bank derived from insurance proceeds.
31. CEMETERY PLOTS.
Each party shall be entitled to one of two cemetery plots owned by the parties
consistent with Deed No. 1291, dated June 5, 1963, and identified as Lots GB46-C, 3
and 4. The parties agree to execute any and all follow-up documents with Westminster
Cemetery, Inc., to facilitate transfer of these plots as indicated. Each party waives all
18
right, title and interest each may have in the plot awarded to the other.
32• FINAL EQUITABLE DISTRIBUTION OF PROPERTY
The parties agree that the division of all property set forth in this Agreement is
equitable and in the event the action in divorce is finalized, both parties relinquish the
right to divide said property in any manner not consistent with the terms set forth
herein. It is further the intent, understanding and agreement of the parties that this
Agreement is a full, complete and equitable property division.
33. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL
SUPPORT. COUNSEL FEES MAINTENANCE AND COSTc
The parties hereto agree and do hereby waive any right and/or claim they may
have, both now and in the future, against the other for alimony, alimony pendente life,
spousal support, maintenance, counsel fees and costs except as provided herein.
34. PERSONAL RIGHTS.
HUSBAND and WIFE may and shall, at all times hereafter, live separate and
apart. They shall be free from any control, restraint, interference or authority, direct or
indirect, by the other in all respects as fully as if they were unmarried. They may reside
at such place or places as they may select. Each may, for his or her separate use or
benefit, conduct, carry on and engage in any business, occupation, profession or
employment which to him or her may seem advisable. HUSBAND and WIFE shall not
molest, harass, disturb or malign each other or the respective families of each other nor
compel or attempt to compel the other to cohabit or dwell by any means or in any
manner whatsoever with him or her.
35. MUTUAL RELEASES
19
HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and
forever discharge the other and the estate of such other, for all time to come, and for all
purposes whatsoever, from any and all rights, title and interest, or claims in or against
the property (including income and gain from property hereafter accruing) of the other
or against the estate of such other, of whatever nature and wheresoever situate, which
he or she now has or at any time hereafter may have against such other, the estate of
such other or any part thereof, whether arising out of any former acts, contracts,
engagements or liabilities of such other or by way of dower or courtesy, or claims in the
nature of dower or courtesy or widow's or widower's rights, family exemption or similar
allowance, or under the intestate laws, or the right to take against the spouse's will; or
the right to treat a lifetime conveyance by the other as testamentary, or all other rights
of surviving spouse to participate in a deceased spouse's estate, whether arising under
the laws of (a) the Commonwealth of Pennsylvania, (b) State, Commonwealth of
territory of the United States, or (c) any other country, or any rights which either party
may have or at any time hereafter have for past, present or future support or
maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs
or expenses, whether arising as a result of the marital relation or otherwise, except, and
only except, all rights and agreements and obligations of whatsoever nature arising or
which may arise under this Agreement or for the breach of any provision thereof. It is
the intention of HUSBAND and WIFE to give to each other by the execution of this
Agreement a full, complete and general release with respect to any and all property of
any kind or nature, real, personal or mixed, which the other now owns or may hereafter
20
acquire, except and only except all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or for the breach of
any provisions thereof.
36. WAIVER OR MODIFICATION TO BE IN WRITING.
No modification or waiver of any of the terms hereof shall be valid unless in
writing and signed by both parties and no waiver of any breach hereof or default
hereunder shall be deemed a waiver of any subsequent default of the same or similar
nature.
37. MUTUAL COOPERATION.
Each party shall, at any time and from time to time hereafter, take any and all
steps and execute, acknowledge and deliver to the other party, any and all further
instruments and/or documents that the other party may reasonably require for the
purpose of giving full force and effect to the provisions of this Agreement.
38. AGREEMENT BINDING ON HEIRS.
This Agreement shall be binding and shall inure to the benefit of the parties
hereto and their respective heirs, executors, administrators, successors and assigns.
39. INTEGRATION.
This Agreement constitutes the entire understanding of the parties and
supersedes any and all prior agreements and negotiations between them. There are
no representations or warranties other than those expressly set forth herein.
40. OTHER DOCUMENTATION.
WIFE and HUSBAND covenant and agree that they will forthwith (and within at
21
least twenty (20) days after demand therefor), execute any and all written instruments,
assigns, releases, satisfactions, deeds, notes, stock certificates, or such other writings
as may be necessary or desirable for the proper effectuation of this Agreement, and as
their respective counsel shall mutually agree should be so executed in order to carry
out fully and effectively the terms of this Agreement.
41. NO WAIVER OF DEFAULT.
This Agreement shall remain in full force and effect unless and until terminated
under and pursuant to the terms of this Agreement. The failure of either party to insist
upon strict performance of any of the provisions of this Agreement shall in no way
affect the right to such party hereafter to enforce the same, nor shall the waiver of any
subsequent default of the same or similar nature, nor shall it be construed as a waiver
of strict performance of any other obligations herein.
42. BREACH.
If for any reason either HUSBAND or WIFE fails to perform his or her obligations
hereunder owed to or for the benefit of the other party and/or otherwise breaches the
terms of this Agreement, then the other party shall have the following rights and
remedies, all of which shall be deemed to be cumulative and not in the alternative,
unless said cumulative effect would have an inconsistent result or would result in a
windfall to the other party.
(a) the right to specific performance of the terms of this Agreement, in which
event the non-breaching party shall be reimbursed for all reasonable attorney's fees
and costs incurred as the result of said breach and in bringing the action for specific
22
performance.
(b) the right to damages arising out of the breach of the terms of this
Agreement, which damages shall include reimbursement of all attorney's fees and
costs incurred as the result of the breach and in bringing the damage action.
(c) the right to all remedies set forth in Section 3502(e) of the Pennsylvania
Divorce Code, 23 Pa.C.S.A. 3502(e), and any additional rights and remedies that may
hereafter be enacted by virtue of the amendment of said Section or replacement
thereof by any other similar laws, which remedies shall include, but not be limited to:
(1) the entry of judgement;
(2) the authorization of the taking and seizure of goods and chattels
and collection of rents and profits of real and personal and tangible and
intangible property;
(3) the transfer and sale of any property required to obtain
compliance with the obligations undertaken by this Agreement;
(4) the posting of security to insure future payments to assure
compliance with the obligations undertaken by this Agreement;
(5) the issuance of attachment proceedings and the holding of the
Defendant to be in contempt and the making of appropriate order thereof
including, but not limited to, commitment of the breaching party to county jail for
a period not to exceed six (6) months;
(6) the award of counsel fees and costs;
(7) the attachment of the breaching party's wages.
23
(d) Any other remedies provided for in law or in equity.
43. SEVERABILITY
If any term, condition, clause or provision of this Agreement shall be determined
or declared to be void or invalid in law or otherwise, then only that term, condition,
clause or provision shall be stricken from this Agreement and in all other respects this
Agreement shall be valid and continue in full force, effect and operation. Likewise, the
failure of any party to meet his or her obligations under any one or more of the
paragraphs herein, with the exception of the satisfaction of the conditions precedent,
shall in no way avoid or alter the remaining obligations of the parties.
44. LAW OF PENNSYLVANIA APPLICABLE.
This Agreement shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania.
45. HEADINGS NOT PART OF AGREEMENT.
Any heading preceding the text of the several paragraphs and subparagraphs
hereof, are inserted solely for convenience of reference and shall not constitute a part
of this Agreement nor shall they affect its meaning, construction or effect.
BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING
READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY
ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS
BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT
AFTER A FULL HEARING.
24
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first above written.
B.
Ellen L. Lehman
25
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND SS.
On this, the o day of l.c¢! 2000, before me the undersigned
officer, personally appeared Kenneth B. Lehman known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that he executed the same for the purposed therein contained.
IN WITNESS WHEREOF, I have hereunto set me hand and seal.
NC?TARIALSEAL
TAMMY S. FAUST, Notary Public
f Lower AiIon TWp., Cumtwrlend County
,My Cammisslon Expires Juno 22, 2002
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND ( SS.
On this, the day of 07lJZl , 2000, before me the undersigned
officer, personally appeared Ellen L. Lehman known to me (or satisfactorily proven) to
be the person whose name is subscribed to the within instrument, and acknowledged
that she executed the same for the purposed therein contained.
IN WITNESS WHEREOF, I have hereunto set me hand and seal.
26
FROM : Charles Rector, Esq.
IRA - American Fund
AIM Funds
Phoenix Inv. Partners Aoct.
Putnam Investments Acct.
First Eagle Sogen Oversees Fun
Delaware investments Acct.
PHONE N0: : 717+761+2161
Exhibit "A"
Equitable Distribution of Mutual Funds and Whole
Life Insurance Cash Values
$23,363 Baltimore Life Ins. Cash Value
$20,817 IRA- Income Fund of America
$10,720 American Legacy Ill.
$7.640 Fidelity Adv. Growth
$4,691
$96,974
Oct. 25 2000 08:50AM P2
$23,000
S28,454
$34,107
$11.404
$98,965
AMENDMENT To COMPREHENSIVE
MARRIAGE CFTTI FMENT A RFFI? N
3
THIS AMENDMENT made this 1f y
I day of December, 2000, amending a j
Comprehensive Marriage Settlement Agreement dated October 25, 2000, between
KENNETH B. LEHMAN ("HUSBAND")
and
ELLEN L. LEHMAN ("WIFE").
WITNESSTH:
WHEREAS, the parties entered into a Comprehensive Marriage Settlement
Agreement dated October 25 2000; and whereas, the parties desire to amend paragraph
13 of the said agreement as it relates to the sale and/or transfer of the parties' real estate
located at 105 Steelstown Road, Newville, Pennsylvania, 17065.
THEREFORE, in consideration of the marital premises herein intending to be
legally bound hereby, the parties amend their Comprehensive Marriage Settlement
Agreement as follows:
1. Paragraph 13 entitled "DIVISION OF REAL ESTATE" is amended
by deleting the entire paragraph and replacing it with the following:
13. DIVISON OF RFAi E TATS
The parties are the owners of real estate known and numbered as 105 Doubling
Gap Road, Newville, Cumberland County, Pennsylvania, 17241, and 105 Steelstown
Road, Newville, Cumberland County, Pennsylvania, 17241. The parties agree to transfer
the 105 Steelstown Road property to HUSBAND and/or his assigns in consideration of
$136,500.00. Final settlement to occur on or before January 1, 2001, at which time
HUSBAND and WIFE shall execute a special warranty deed in favor of HUSBAND or
his assigns for the said property. Following final settlement and sale of said property, the
net proceeds shall be divided with WIFE receiving the first $90,000.00 and the parties
dividing equally the remaining net proceeds. In consideration thereof, and following
settlement, WIFE shall execute a special warranty deed in favor of HUSBAND for the
property known and numbered as 105 Doubling Gap Road, Newville, Cumberland
County, Pennsylvania. With respect to the Steelstown Road property, the parties agree as
follows:
a. HUSBAND shall assume full responsibility for repair of the wrought iron
fence located on the front of the property and agrees to maintain the exterior of the
property including mowing and snow removal.
b. The parties acknowledge that property taxes are currently due and owing.
To the extent possible, without compromising title to the home, the parties agree to
forego payment of these bills until sale and settlement of the real estate. By way of
clarification, in the event that payment of the taxes is necessary to preclude a tax sale,
HUSBAND shall pay in full the taxes and other obligations to prevent a tax sale and/or
liens accruing on the property and he shall be credited at settlement with one-half of the
amounts paid by him. Except for the above-referenced debts, HUSBAND shall not be
reimbursed for any improvements or repairs to the home, etc., which are not specifically
authorized by WIFE. HUSBAND shall assume sole responsibility for all existing costs,
bills, etc., including utility bills arising following the date of execution of this
Amendment to the Marriage Settlement Agreement. By way of clarification, Wife shall
be responsible at settlement for payment of one-half (1/2) of the then existing property
taxes. No other coast shall be imputed to her nor deducted from her share of the "net
proceeds calculation."
C. Both parties had executed documents necessary to list for sale the property
known and numbered as 105 Steelstown Road, Newville, Cumberland County,
Pennsylvania, with Gary Shulenberger, Listing Agent for Ebener Realtors. The listing
agreement shall be cancelled and HUSBAND shall pay Mr. Shulenberger and/or his
broker the sum of $1,000.00 for the cancellation of the listing agreement and shall further
indemnify and save WIFE harmless from payment of any amounts due and owing to W.
Shulenberger.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first above written.
WITNESS:
zZe
Kenneth B. Lehman
J
? a CE L ?- e20 ,
Ellen L. Lehman
l
COMMONWEALTH OF PENNSYLVANIA j
ss
COUNTY OF CUMBERLAND
44
On this, the
day of SLX , 2000, before me, a Notary Public, the
undersigned officer, personally appeared Kenneth B. Lehman, ]mown to me (or
satisfactorily proven) to be the person whose name is subscribed to the within
- i
Amendment to Comprehensive Marriage Settlement Agreement, and acknowledged that
he executed the same for the purposes therein contained.
-?'?
Notary Public
Notarial Seal.
Karen Kay Buckley, Notary Public
South Middleton 7wp., Cumbedand County
My Commission Expires June 23, 2001
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
On this, the I day of QJI r?, 2000, before me, a Notary Public, the
undersigned officer, personally appeared Ellen L. Lehman, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within
Amendment to Comprehensive Marriage Settlement Agreement, and acknowledged :hat
she executed the same for the purposes therein contained.
Notary Pub
16"
NOTARIAL SEAL
TAMMY S. FAUST Notary PuWIC .
Lower Alen Twp., Cumberland Colmty
My Commission Expirea June 22, 2002
KENNETH B. LEHMAN,
Plaintiff
V.
ELLEN L. LEHMAN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5133
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record together with the following information, to the Court for entry of a
divorce decree:
1. Ground for a divorce: irretrievable breakdown under Section 3301 (c) of the Divorce
Code.
2. Date and manner of service of the Complaint: Acceptance of Service signed 08/27199.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by Section 3301 (c) of the
Divorce Code: by the Plaintiff 01/11/01, by the Defendant 01/11/01.
(b) (1) Date of execution of the plaintiffs affidavit required by Section 3301(d) of the
Divorce Code:
(2) Date of service of the plaintiffs affidavit upon the Defendant:
4. Related claim pending: All related claims have been settled by Agreement.
5. Complete either (a) or (b)
(a) Date and manner of service of the notice of intention to file praecipe to transmit
record, a copy of which is attached, if the decree is to be entered under section 3301 (d) of the
Divorce Code:
(b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the
Prothonotary 01/12/01. Date Defendant's Waiver of Notice in § 33 (c) wa ed with tt
Prothonotary 01/12/01.
Charles Rector,
Attorney for the
Date: 01/19/01
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH B. LEHMAN, CIVIL ACTION - LAW
Plaintiff /????
VS. CASE NO. 99- S193 lA(J«
ELLEN L. LEHMAN,
Defendant : IN DIVORCE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so,
the case may proceed without you and a decree of divorce or annulment may be entered
against you by the Court. A judgment may also be entered against you for any other
claim or relief requested in these papers by the Plaintiff. You may lose money or
property or other rights important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the
Office of the Court Administrator at the Cumberland County Courthouse, Hanover and
High Streets, Carlisle, PA 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP:
Cumberland County Bar Association
Two Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
J
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH B. LEHMAN, : CIVIL ACTION - LAW
Plaintiff
VS. : CASE NO. 99- 6-133 C-;'a T.,
ELLEN L. LEHMAN,
Defendant : IN DIVORCE
AND NOW this Z0 day of August, 1999 comes Plaintiff by and through her
attorney, Joseph D. Buckley, Esquire and requests a divorce from Defendant as follows:
1. Plaintiff is Kenneth B. Lehman, who currently resides at 105 Doubling Gap
Road, Newville, Cumberland County, Pennsylvania 17241.
2. Defendant is Ellen L. Lehman, who currently resides at 105 Steelstown Road,
Newville, Cumberland County, Pennsylvania 17241.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth
for at least twenty years immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on December 3, 1955 in Maryland.
5. There have been no prior actions of divorce or for annulment between the
parties.
6. The parties seperated on September 10, 1996 and have since that time lived
seperate and apart.
7. The marriage is irretrievably broken due to irreconcilable differences.
8. Plaintiff has been advised that counseling is available and that Plaintiff may
have the right to request the Court require the parties to participate in marriage
counseling.
9. Venue is proper in this Court pursuant to Rule 1920.2(a)(2).
10. Neither Plaintiff or Defendant are members of the armed forces of the United
States.
WHEREFORE, Plaintiff requests the Court to enter a decree of divorce.
Joseph D. Bu ley, Esqu e
Attorney for the Plaintiff
Supreme Court ID # 38444
1237 Holly Pike
Carlisle, PA 17013
(717) 249-2448
1, Kenneth B. Lehman, verify that the statements made in this Complaint are true
and correct. I understand that false statements herein are made subject to the penaities of
18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
Date: August 20, 1999 2" P?/3c ? g
Kenneth B. Lehman, Pl is stiff
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KENNETH B. LEHMAN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-5133
ELLEN L. LEHMAN, CIVIL ACTION - LAW
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed
on August 23, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of filing and service of the Complaint.
3. 1 consent to the entry of a final decree in divorce after service of notice of
intention to request entry of the decree.
1. I consent to the entry of a final decree of divorce without notice.
2. 1 understand that I may !ose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. 1 understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy of the decree will be sent to me immediately after it is filed with
the Prothonotary.
I verify that the statements made herein 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.
Kenneth B. Leh an
Date: I-\? -O
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KENNETH B. LEHMAN, PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VI. NO. 99-5133
ELLEN L. LEHMAN, CIVIL ACTION - LAW
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed
on August 23, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of filing and service of the Complaint.
3. 1 consent to the entry of a final decree in divorce after service of notice of
intention to request entry of the decree.
I consent to the entry of a final decree of divorce without notice.
2. 1 understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. 1 understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy of the decree will be sent to me immediately after it is filed with
the Prothonotary.
I verify that the statements made herein 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.
Ellen L. Lehman
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KENNETH B. LEHMAN, : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY,
PENNSYLVANIA
VS. : CIVIL ACTION - DIVORCE
: NO. 99 -.n /3j CIVIL TERM
ELLEN L. LEHMAN
Defendant : IN DIVORCE
I accept service of Complaint, Notice to Defend and Claim Rights, Plaintiffs
Affidavit under Section 3301(d), Affidavit of Non-Military Service, Counter-Affidavit
under Section 3301(d) of the Divorce Code and Notice if Intention to Request Entry of
Divorce Decree in the above captioned matter on behalf of ELLEN L. LEHMAN,
Defendant above, and certify that I am authorized to do so.
1104 Fernwood AVb,, Suite 203
Camp Hill, PA 17011
(717)761-8101
Augsgt a'? 1999
Date
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KENNETH B. LEHMAN,
Respondent/Plaintiff
V.
ELLEN L. LEHMAN,
Petitioner/Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5133
CIVIL ACTION - LAW
IN DIVORCE
RULE
AND NOW, this /a day of _ CJ. X W 2001, a Rule is hereby issued
upon Respondent, Kenneth B. Lehman, to show cause why the requested relief herein
should not be granted. rr11
w?, 2001, at ?'• Uo
RULE RETURNABLE on the &day of
o'clock, --p m., in Courtroom # -?2_ of the Cumberland County Courthouse, Carlisle,
Pennsylvania, 17013.
BY THEE UR .
J GLt,[.a-o'er
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KENNETH B. LEHMAN,
Respondent/Plaintiff
V.
ELLEN L. LEHMAN,
Petitioner/Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5133
CIVIL ACTION - LAW
IN DIVORCE
PETITION FOR CONTEMPT AND TO ENFORCE
PROPERTY SETTLEMENTAGREEMENT
AND NOW, the Petitioner, Ellen Lehman, by and through her attorney Charles
Rector, Esquire, brings this Petition for Contempt and to Enforce Property Settlement
Agreement and, in support thereof, avers as follows:
Petitioner is Ellen Lehman, who was the Defendant in a divorce action
between the parties.
2. Respondent is Kenneth B. Lehman, who was the Plaintiff in that action.
3. On October 25, 2000, Petitioner and Respondent entered into a
Comprehensive Marriage Settlement Agreement with subsequent amendments
executed by the parties on December 1, 2000, and December 29, 2000 (See Exhibit "A"
attached hereto).
4. The Marriage Settlement Agreement and Amendments thereto, by their
terms, determined all economic issues between the parties including inter athe
distribution of Respondent's pension and his continued obligation to pay all premiums
associated with Petitioner's continued health insurance coverage.
5. On January 24, 2001, a final decree in divorce was entered by the Court
of Common Pleas of Cumberland County and said Marriage Settlement Agreements and
Amendments thereto were incorporated into the final Decree of Divorce for enforcement
purposes only (See Exhibit "B" attached).
6. Paragraph 18 of the Marriage Settlement Agreement and Paragraph 1 of
the Second Amendment to the Marriage Settlement Agreement provide as follows:
"18. EQUITABLE DISTRIBUTION PAYMENTS TO WIFE
The parties agree that following execution of this Comprehensive
Marital Settlement Agreement and until issuance of their divorce decree,
HUSBAND shall continue to maintain health insurance coverage for WIFE
through his current Federal plan identified as "standard option" Blue
Cross/Blue Shield coverage. Following issuance of the parties' divorce
decree, HUSBAND shall reimburse WIFE directly for 100% of the health
insurance premiums paid by her for Temporary Continuation of Coverage
(TCC) through the Federal Government and all monthly premiums
thereafter which accrue for her Spouse Equity Enrollment in same or
similar "standard option" plan for the remainder of her natural life.
HUSBAND'S obligation to pay 100% of WIFE'S health insurance
coverage premiums shall continue uninterrupted hereafter which
costs shall be borne exclusively by HUSBAND. Commencing on the
first month that WIFE is billed directly for health insurance benefits, WIFE
shall forward to HUSBAND documentation evidencing the cost of said
benefits, which entire cost shall be reimbursed by HUSBAND directly to
WIFE each and every month thereafter within five (5) days of receipt of
said documentation by HUSBAND from WIFE. By way of clarification,
HUSBAND shall, at all times hereafter, assume full responsibility for
the payment of WIFE'S health insurance coverage. Said
reimbursement payments from HUSBAND to WIFE shall be considered
nontaxable equitable distribution payments."
"1. Paragraph 18 is amended with the following language added
thereto:
18. Equitable Distribution Payments to Wife
The parties further agree that in lieu of Husband reimbursing Wife
for 100% of her health insurance premiums including the cost of
Temporary Continuation of Coverage (TCC) through the Federal
Government and all monthly premiums hereafter due and owing which
arise from her Spouse Equity Enrollment in a same or similar "standard
option "plan for the remainder of her natural life, 100% of all costs and
insurance premiums payable for Wife's' continued health insurance
coverage shall be deducted directly from the 50% portion of Husband's
'gross monthly pension benefit" as defined at Paragraph 15 of the parties'
Comprehensive Marriage Settlement Agreement dated October 25, 2000,
and as contained in their Domestic Relations Order. Until such time as
the Office of Personnel Management commences this deduction
from Husband's 50% gross monthly pension benefit, Husband shall
remain responsible for directly reimbursing Wife for 100% of the
cost of her health Insurance coverage as contained in Paragraph 18
of the parties' Comprehensive Marriage Settlement Agreement dated
October 25, 2000."
7. Contrary to the terms of the parties' Marriage Settlement Agreement and
Amendments thereto, Respondent has refused to reimburse Petitioner for any of the
costs of her health insurance premiums which to date are as follows:
March 2001 Health Insurance Reimbursement $ 314.78
April 2001 Health Insurance Reimbursement $ 267.08
May 2001 Health Insurance Reimbursement $ 267.08
June 2001 Health Insurance Reimbursement $ 267.08
July 2001 Health Insurance Reimbursement 267.08
$1,392.10
(See Exhibit "C" attached)
8. Paragraph 15 of the parties' Marriage Settlement Agreement of October
25, 2000, further provides that:
"(a) The parties acknowledge that HUSBAND is the owner of one
pension plan with the Federal Government, otherwise known as a Civil
Service Retirement Plan administered by the United States Office of
Personnel Management which pension plan entered pay status on or
about February 1, 1984, and on which plan WIFE is the named
beneficiary of survivor benefits pursuant to election made by HUSBAND
when said plan went into pay status. The parties hereby agree that the
gross monthly benefits pursuant to said pension plan shall be divided with
HUSBAND receiving 50% of the gross monthly benefit payable and with
WIFE receiving the remaining 50% of the gross monthly benefit. The
gross monthly benefit shall be defined as the gross monthly benefit
payable to HUSBAND before taxes and health insurance are deducted
therefrom. Following cancellation and suspension of the Support
Order docketed at DR 25,769 and until such time as WIFE receives
her separate check for 50% of HUSBAND'S gross monthly pension
benefit, he shall forward to her directly a check equal to 50% of his
gross monthly benefit which shall be received by her on or before
the 10'" day of each month. Once WIFE receives her first monthly
check directly from HUSBAND'S pension plan equivalent to 50% of the
gross monthly benefit, HUSBAND'S obligation to pay WIFE directly
terminates except those obligations set forth herein regarding his
payment of health insurance coverage and uninsured medical expenses."
9. Respondent has failed and refused to pay Petitioner 50% of his gross
monthly annuity check equivalent to $840.00 for March 2001.
10. Respondent is in contempt of court for failing to comply with the terms of
the above-referenced Marriage Settlement Agreement and Amendments thereto which
may be enforced as an order of court pursuant to Section 3105(a) of the Divorce Code,
23 Pa.C.S.A. § 3105(a).
11. Paragraph 42 of the parties' Marriage Settlement Agreement further
provides that the aggrieved party has;
(a) the right to specific performance of the terms of this
Agreement, in which event the non-breaching party shall be
reimbursed for all reasonable attorney's fees and costs Incurred as
the result of said breach and in bringing the action for specific
performance.
(b) the right to damages arising out of the breach of the
terns of this Agreement, which damages shall include
reimbursement of all attorney's fees and costs incurred as the result
of the breach and in bringing the damage action.
12. Respondent should be responsible for Petitioner's counsel fees and costs
in connection with the instant petition.
13. This Court has the authority, pursuant to Section 3105(a) and 3502(e) of
the Divorce Code of 1980, as amended, to enter an order directing Respondent to
reimburse Petitioner for the health insurance premiums paid by her which total
$1,392.10, to pay 50% of his March 2001 annuity benefit in the sum of $840.00 to
Petitioner, and to pay Petitioner's counsel fees in the amount of $1,000.00.
WHEREFORE, Petitioner, Ellen Lehman, hereby respectfully requests that this
Honorable Court enter an Order directing Respondent to reimburse Petitioner for the
health insurance premiums paid by Petitioner which total $1,392.10, to pay 50% of his
March 2001 annuity benefit in the sum of $840.00 to Petitioner, and to pay Petitioner's
counsel fees in the amount of $1,000.00.
RESPECTFULLY SUBMITTED:
114
Charles Rector, Esquire
1104 Fernwood Avenue, Ste. 203
Camp Hill, PA 17011-6912
(717)761-8101
Attorney for Petitioner
Date: ?b1?\OI
CERTIFICATE OF SERVICE
I, Charles Rector, Esquire, do hereby certify that on the 3 °t day of August 2001, 1
caused a true and correct copy of the within Petition to Enforce Marriage Settlement
Agreement and for Contempt to be served upon the following counsel of record by
depositing same in first class, United States mail, postage paid, in Camp Hill,
Pennsylvania:
Joseph D. Buckley, Esquire
1237 Holly Pike
Carlisle, PA 17013
By: S
1
Charles Rector, Esquire
1104 Fernwood Avenue, Ste. 203
Camp Hill, PA 17011-6912
(717) 761-8101
Date: 8/3/01
I verify that the statements made herein 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.
Ellen -L. Lehman
Date: '7-,F/- ?? .?
Exhibit A
'M'0'd ws ?W18A83tl,
S31tl3S 00006 I?t;,ll;ynl)Ih
COMPREHENSIVE MARRIAGE
SETTLEMENT AGREEMENT
THIS AGREEMENT made this S day of G c fa Z e? , 2000, by
and between KENNETH B. LEHMAN (HUSBAND)
and
ELLEN L. LEHMAN (WIFE)
WITNESSETH:
WHEREAS, the parties hereto are HUSBAND and WIFE, having been married
on December 3, 1855, in Hagerstown, Maryland. There were four children born of this
marriage, all of whom are now emancipated.
WHEREAS, diverse and unhappy differences, disputes and difficulties have
arisen between the parties and it is the intention of HUSBAND and WIFE to live
separate and apart for the rest of their natural lives, and the parties hereto are desirous
of settling fully and finally their respective financial and property rights and obligations
as between each other including, without limitation by specification: the settling of all
matters between them relating to the ownership and equitable distribution of real and
personal property; the settling of all matters between them relating to the past, present
and future support, alimony and/or maintenance of WIFE by HUSBAND or of
HUSBAND by WIFE; and in general, the settling of any and all claims and possible
claims by one against the other or against their respective estates.
NOW, THEREFORE, in consideration of the premises and mutual promises;..:_:;•`,
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covenants and undertakings hereinafter set forth and for other good and valuable
consideration, receipt of which is hereby acknowledged by each of the parties hereto,
WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree
as follows:
INCORPORATION OF2BgAM&L
The recitals set forth in the Preamble of this Agreement are incorporated herein
and made a part hereof as if fully set forth in the body of the Agreement.
2. AGREEMENT NOT A BAR m DIVORCE pROCEEDInI?S
This Agreement shall not be considered to affect or bar the rights of HUSBAND
and WIFE to an absolute divorce on lawful grounds if such grounds now exist or shall
hereafter exist or to such defense as may be available to either party. This Agreement
is not intended to condone and shall not be deemed to be condonation on the part of
either party hereto of any act or acts on the part of the other party which have
occasioned the disputes or unhappy differences which have occurred or may occur
subsequent to the date hereof. The parties acknowledge that their marriage is
irretrievably broken and that they shall secure a mutual consent no-fault divorce
pursuant to the terms of Section 3301(c) of the Divorce Code in HUSBAND's
Cumberland County divorce action docketed to number 99-5133.
3. EFFECT OF DIVORCE DECREE
The parties agree that unless otherwise specifically provided herein, this
Agreement shall continue in full force and effect after such time as a final Decree in
Divorce may be entered with respect to the parties.
4. AGREEMENT TO BE INCORPORATED IN DIVORCE DECRFF
The parties agree that the terms of this Agreement shall be incorporated into
any Divorce Decree which may be entered with respect to them.
5. NQN-MERGER.
It is the parties' intent that this Agreement does not merge with the Divorce
Decree, but rather shall continue to have independent contractual significance. Each
party maintains his or her contractual remedies as well as court ordered remedies as
the result of the aforesaid incorporation or as otherwise provided by law or statute.
Those remedies shall include, but not be limited to, damages resulting from breach of
this Agreement, specific enforcement of this Agreement and remedies pertaining to
failure to comply with an order of court or agreement pertaining to equitable distribution,
alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania
Divorce Code or other similar statutes now in effect and as amended or hereafter
enacted.
6. DATE OF EXECUTION
The "date of execution" or "execution date" of this Agreement shall be defined
as the date of execution by the party last executing this Agreement.
7. DISTRIBUTION DATE
The transfer of property, funds and/or documents provided for herein shall only
take place on the "distribution date" which shall be defined as the date of execution of
this Agreement unless otherwise specified herein.
8. ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully
explained to the parties by their respective counsel, Joseph Buckley, Esquire for
HUSBAND, and Charles Rector, Esquire, for WIFE. The parties acknowledge that they
have received independent legal advice from counsel of their selection and that they
fully understand the facts and have been fully informed as to their legal rights and
obligations and they acknowledge and accept that this Agreement is, in the
circumstances, fair and equitable and that it is being entered into freely and voluntarily,
after having received such advice and with such knowledge and that execution of this
Agreement is not the result of any duress or undue influence and that it is not the result
of any collusion or improper or illegal agreement or agreements.
9. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS.
Each party understands that he or she has the right to obtain from the other
party a complete inventory or list of all of the property that either or both parties own at
this time or owned as of the date of separation, and that each party has the right to
have all such property valued by means of appraisals or otherwise. Both parties
understand that they have the right to have a court held hearings and make decisions
on the matters covered by this Agreement. Both parties understand that a court
decision concerning the parties' respective rights and obligations might be different
from the provisions of this Agreement.
Each party hereby acknowledges that this Agreement is fair and equitable, that
it adequately provides for his or her needs and is in his or her best interests, and that
the Agreement is not the result of any fraud, duress, or undue influence exercised by
either party upon the other or by any other person or persons upon either party. Both
parties hereby waive the following procedural rights:
a. The right to obtain an inventory and appraisement of all marital and non-
marital property as defined by the Pennsylvania Divorce Code.
b. The right to obtain an income and expense statement of the other party
as provided by the Pennsylvania Divorce Code.
C. The right to have property identified and appraised.
d. The right to discovery as provided by the Pennsylvania Rules of Civil
Procedure.
e. The right to have the court determine which property is marital and which
is non-marital, and equitably distribute between the parties that property which the court
determines to be marital, and to set aside to a party that property which the court
determines to be that parties' non-marital property.
f. The right to have the court decide any other rights, remedies, privileges,
or obligations covered by this Agreement and/or arising out of the marital relationship,
including but not limited to possible claims for divorce, child or spousal support,
alimony, alimony Pendente Lite (temporary alimony), equitable distribution, custody,
visitation, and counsel fees, costs and expenses.
10. PERSONAL PROP RTV
The parties acknowledge that they have previously agreed to a division of all of
their tangible personal property including, but not limited to, jewelry, clothes, fumiture,
furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books,
works of art and other tangible personal property. Each of the parties hereto does
waive, release, and forever abandon any right and all title, interest and claim, in and to
the tangible personal property to become the property of the other party pursuant to the
terms of this paragraph. Except that WIFE shall receive, in addition to the items
currently in her possession, the following items which shall be made available to her
within five (5) days of execution of this Agreement:
One piano stool from the house.
11. AFTER-ACQUIRED PROPERTY
Each of the parties shall hereafter own and enjoy, independently of any claim or
right of the other, all property, tangible or intangible, real, personal or mixed, acquired
by him or her, with or without non-marital assets, after the date of this Agreement, with
full power in him or her to dispose of the same as fully and effectively, in all respects
and for all purposes, as though he or she were unmarried and each party hereby
waives, releases, renounces and forever abandons any right, title, interest and claim in
and to said after acquired property of the other party pursuant to the terms of this
paragraph.
12. DIVISION OF VEHI -r r=c
With respect to the vehicles owned by one or both of the parties, or the net
proceeds or value derived from any prior sale or trade in thereof, they agree as follows:
Wife waives all right, title, and interest in and to the 1987 Nissan pickup and the
1983 Toyota Motorhome which shall become the sole and exclusive property of
husband. Husband shall indemnify and save wife harmless from any costs or debts
associated with same.
The titles or assignment of any lease agreements to said vehicles shall be
executed by the parties, if appropriate, for effectuating transfer as herein provided on
the date of execution of this Agreement and said executed titles/assignments shall be
delivered to the proper party on the distribution date. For purposes of this Paragraph
the term "title" shall be deemed to include "power of attorney" if the title or lease
agreement to the vehicle is unavailable due to financing arrangements or otherwise. In
the event any vehicle is subject to a lien, encumbrance, lease or other indebtedness in
the party receiving said vehicle as his or her property shall take it subject to said lien,
encumbrance, lease or other indebtedness and shall be solely responsible therefor and
said party further agrees to indemnify, protect and save the other party harmless from
said lien, encumbrance, lease or other indebtedness. Each of the parties hereto does
specifically waive, release, renounce and forever abandon whatever right, title and
interest he or she may have in the vehicle(s) that shall become the sole and separate
property of the other pursuant to the terms of this Paragraph.
13. DIVISION OF REAL ESTATE
The parties are the owners of real estate known and numbered as 105 Doubling
Gap Road, Newville, Cumberland County, Pennsylvania, 17241, and 105 Steelstown
Road, Newville, Cumberland County, Pennsylvania, 17241. The parties agree to
immediately list for sale the 105 Steelstown Road property and continue with that listing
until the property is sold and settled and shall otherwise act in good faith through their
attorneys in responding to formal written offers on the property. Following final
settlement and sale of said property, the net proceeds shall be divided with WIFE
receiving the first $90,000.00 and the parties dividing equally the remaining net
proceeds. In consideration thereof, and following settlement, WIFE shall execute a
special warranty deed in favor of HUSBAND for the property known and numbered as
105 Doubling Gap Road, Newville, Cumberland County, Pennsylvania. With respect to
the Steelstown Road property, the parties agree as follows:
a. HUSBAND shall assume full responsibility for repair of the wrought iron
fence located on the front of the property and agrees to make said repairs within thirty
(30) days of the date of this Agreement. In addition husband shall obtain repair of the
ceiling under the front porch, repair of spouting, and roof leaks over the back porch
laundry room. Wife shall reimburse husband 50% of the costs of these repairs
following sale and settlement of the Steelstown property. Wife must approve all cost
estimates prior to work commencing.
b. The parties acknowledge that property taxes are
currently due and owing. To the extent possible, without compromising title to the
home or causing discontinuance of utility service, the parties agree to forego payment
of these bills until sale and settlement of the real estate. By way of clarification, in the
event that payment of the taxes is necessary to preclude a tax sale, HUSBAND shall
pay in full the taxes and other obligations to prevent a tax sale and/or liens accruing on
the property and he shall be credited at settlement with one-half of the amounts paid by
him. Except for the above-referenced debts, HUSBAND shall not be reimbursed for
any improvements or repairs to the home, etc., which are not specifically authorized by
WIFE.
C. Both parties agree to immediately execute any and all documents
necessary to list for sale the property known and numbered as 105 Steelstown Road,
Newville, Cumberland County, Pennsylvania, with Gary Shollenburger, Listing Agent.
15. HUSBAND'S PENSION
(a) The parties acknowledge that HUSBAND is the owner of one pension
plan with the Federal Govemment, otherwise known as a Civil Service Retirement Plan
administered by the United States Office of Personnel Management which pension plan
entered pay status on or about February 1, 1984, and on which plan WIFE is the
named beneficiary of survivor benefits pursuant to election made by HUSBAND when
said plan went into pay status. The parties hereby agree that the gross monthly
benefits pursuant to said pension plan shall be divided with HUSBAND receiving 50%
of the gross monthly benefit payable and with WIFE receiving the remaining 50% of the
gross monthly benefit. The gross monthly benefit shall be defined as the gross monthly
benefit payable to HUSBAND before taxes and health insurance are deducted
therefrom. Following cancellation and suspension of the Support Order docketed at
DR 25,769 and until such time as WIFE receives her separate check for 50% of
HUSBAND'S gross monthly pension benefit, he shall forward to her directly a check
equal to 50% of his net monthly benefit which shall be received by her on or before the
10th day of each month. These payments shall constitute nontaxable equitable
distribution payments to wife. Once WIFE receives her first monthly check directly from
HUSBAND'S pension plan equivalent to 50% of the gross monthly benefit,
HUSBAND'S obligation to pay WIFE directly terminates except those obligations set
forth herein regarding his payment of health insurance coverage and uninsured medical
expenses.
(b) Both parties shall cooperate fully in the preparation of a Qualified
Domestic Relations Order (QDRO) which contains the terms outlined in this Agreement,
including the distribution of 50% of the gross monthly pension benefit to WIFE of
HUSBAND'S Federal pension, including 50% of any future cost of living increases and
a survivor benefit. The QRDO once signed, shall be forwarded to the Office of
Personnel Management, Court Ordered Benefit Branch, P 0 Box 17, Washington, DC
20044. Both parties shall cooperate in executing the QDRO as it is prepared as well as
any amendments required by the Office of Personnel Management.
(c) HUSBAND agrees to execute such documents or perform such acts as
are necessary to continuously maintain WIFE as survivor annuitant/beneficiary with
respect to said pension plan in an amount no less than 50% of his gross retirement pay
and agrees to refrain from taking any action, directly or indirectly, which would cause
any diminution in the value of WIFE'S interest as survivor annuitant/beneficiary in said
10
plan.
(d) HUSBAND further agrees to release any and all information related to
such plan or his entitlement to benefits thereunder to WIFE and this Agreement shall
constitute sufficient authorization for the United States Office of Personnel
Management, or any other applicable agency or entity, to release any and all such
information directly to WIFE upon written request.
(e) HUSBAND acknowledges and agrees that he previously selected a
Survivor Benefit upon retirement from the Federal Government which, upon his death,
will provide WIFE a monthly benefit amount no less than 50% of the gross monthly
benefit of HUSBAND'S pension.
16. SUPPORT ORDER.
The parties acknowledge that a current Order of Support exists through the
Court f f Common Pleas of Cumberland County, Pennsylvania, docketed at DR 25,769.
HUSBAND and WIFE agree that said Support Order, as amended, shall remain in full
force and effect until such time as the parties are divorced. Consistent with said Order
of Support, HUSBAND is obligated to pay to WIFE a benefit equal to 40% of his net
monthly income and to cover all uninsured medical expenses of WIFE. Prior to the
finalization of the divorce, counsel for HUSBAND shall provide to counsel for WIFE
written confirmation that all uninsured medical expenses have been paid in full. Said
Order shall be suspended upon the date the parties' divorce decree issues at which
time HUSBAND'S obligation, pursuant to Paragraph 15(a) of this Agreement, shall be
immediately triggered. Following entry of the divorce decree, and prior to sale and
settlement of the Steelstown Road property, husband shall assume full responsibility
for payment of the electric and water bills due and owing from January 1, 2001, until
the property is sold, and for payment of the fire insurance premium after June 1, 2001,
and shall receive no credit at settlement for said payments. If the property is not sold
and settled prior to September 1, 2001, then husband shall pay to wife in addition to all
payments set forth in this agreement, 50% of the net proceeds derived from rent
received on the Steelstown Road property.
17. WIFE'S MEDICAL INSURANCE BENEFITS
(a) HUSBAND hereby agrees to continuously maintain WIFE as alternate
beneficiary on any and all health insurance benefits which he is entitled pursuant to his
previous federal employment. HUSBAND acknowledges that the has elected the
"standard option" Blue Cross/Blue Shield plan and HUSBAND agrees that he shall
maintain such coverage consistent with this Agreement.
(b) HUSBAND shall cooperate fully with WIFE prior to and subsequent to
the parties' divorce in facilitating temporary continuation of coverage (TCC) and
permanent health insurance coverage (Spouse Equity Enrollment) under the Federal
Employee's Health Benefits Program (FEHB) or similar statutes providing coverage to
former spouses.
(c) To the extent that additional documents, including Health Benefits
Registration Form 2809, and other documents must be prepared to facilitate the
uninterrupted health insurance coverage of WIFE, HUSBAND shall cooperate in full in
the preparation of said documents.
12
18. EQUITABLE DISTRIBUTION PAVIVIENTS TO WIFE,
The parties agree that following execution of this Comprehensive Marital
Settlement Agreement and until issuance of their divorce decree, HUSBAND shall
continue to maintain health insurance coverage for WIFE through his current Federal
plan identified as "standard option" Blue Cross/Blue Shield coverage. Following
issuance of the parties' divorce decree, HUSBAND shall reimburse WIFE directly for
100% of the health insurance premiums paid by her for Temporary Continuation of
Coverage (TCC) through the Federal Government and all monthly premiums thereafter
which accrue for her Spouse Equity Enrollment in same or similar "standard option"
plan for the remainder of her natural life. HUSBAND'S obligation to pay 100% of
WIFE'S health insurance coverage premiums shall continue uninterrupted hereafter
which costs shall be bome exclusively by HUSBAND. Commencing on the first month
that WIFE is billed directly for health insurance benefits, WIFE shall forward to
HUSBAND documentation evidencing the cost of said benefits, which entire cost shall
be reimbursed by HUSBAND directly to WIFE each and every month thereafter within
five (5) days of receipt of said documentation by HUSBAND from WIFE. By way of
clarification, HUSBAND shall, at all times hereafter, assume full responsibility for the
payment of WIFE'S health insurance coverage. Said reimbursement payments from
HUSBAND to WIFE shall be considered nontaxable equitable distribution payments.
19. WIFE'S UNINSURED MEDICAL EXPENSES
HUSBAND further shall assume full responsibility to WIFE for reimbursement of
100% of her uninsured medical expenses which may accrue following divorce of the
13
parties. To secure payment of said uninsured expenses, and reimbursement for
payment of wife's future medical insurance premiums, and in the event that HUSBAND
predeceases WIFE, HUSBAND agrees to name WIFE as sole primary beneficiary of a
death benefit equal to and no less than $50,000.00 under his current Baltimore Whole
Life Insurance Policy and shall provide WIFE with documentation of same periodically
at WIFE'S request. Except that if the health insurance carer determines that a claim
is rejected because it includes "duplication" of services, or is determined to be an
experimental treatment, or constitutes treatment for psychiatric care then in that event,
husband shall not be responsible to reimburse wife for any such uninsured costs.
20. INVESTMENT ACCOUNTS,
The parties are owners as tenants by the entireties of various investment
accounts, including a whole life insurance policy, which are identified herein on Exhibit
"A" attached. The parties agree that each waives all right, title and interest he or she
may have in the funds and/or life insurance cash value identified in the column under
the name of the other party now and forever. By way of clarification, each party shall
receive as their sole and exclusive property those assets listed under each party's
name. Counsel for the parties shall forward a copy of this Comprehensive Marital
Settlement Agreement to T.H.E. Financial Group, Ltd., Stephen L. Hood, 1 Kasey
Court, Mechanicsburg, PA, 17055, so that he can commence re-titling of funds
consistent with Exhibit "A."
21. DIVORCE.
The parties agree to remain married until either January 10, 2001, or until such
14
time as all documents are formally processed by the Office of Personnel Management
to secure WIFE'S uninterrupted health insurance coverage, or written confirmation of
WIFE'S survivor benefit designation and amount are provided by HUSBAND, whichever
date last occurs.
22. DIVISION OF BANK ACCOUNTS/STOCKILIFE INSURANCE.
Except as provided herein, the parties acknowledge and agree that they have
previously divided to their mutual satisfaction all of their bank accounts, certificates of
deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance
cash value and hereafter WIFE agrees that all said bank accounts, certificates of
deposit, IRA accounts, bonds, shares of stock, investment plans and lire insurance
cash value in the possession of HUSBAND shall become the sole and separate
property of HUSBAND and HUSBAND agrees that all said bank accounts, certificates
of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance
cash value in the possession of WIFE shall become the sole and exclusive property of
WIFE. Each of the parties does specifically waive, release, renounce and forever
abandon whatever right, title, interest or claim, he or she may have in any bank
account, certificates of deposit, IRA account, bonds, shares of stock, investment plans
and life insurance cash value that is to become the sole and separate property of the
other pursuant to the terms hereof.
23. MARITAL DEBTS.
Except as provided in this Agreement, the parties acknowledge that they have
previously divided the obligations and payments required thereof of any debts and
15
liability for which HUSBAND or his estate might be responsible and WIFE further
represents and warrants to HUSBAND that she will not contract or incur any debt or
liability after the execution of this Agreement, for which HUSBAND or his estate might
be responsible. WIFE shall indemnify and save HUSBAND harmless from any and all
claims or demands made against him by reason of obligations incurred by her.
26. HUSBAND' DEBTS,
HUSBAND represents and warrants to WIFE that since the parties' marital
separation he has not contracted or incurred any debt or liability for which WIFE or her
estate might be responsible and HUSBAND further represents and warrants to WIFE
that he will not contract or incur any debt or liability after the execution of this
Agreement, for which WIFE or her estate might be responsible. HUSBAND shall
indemnify and save WIFE harmless from any and all claims or demands made against
her by reason of debts or obligations incurred by him.
27. SOCIAL SECURITY BENEFITS,
The parties agree that subject to the rules and regulations of the Social Security
Administration, each of the parties shall continue to be eligible for Social Security
benefits to which he or she would ordinarily be qualified as a party to a divorce after a
marriage of ten (10) years or more in duration, if the parties' marriage is determined to
be of ten (10) or more years in duration.
28. INCOME TAX PRIOR RET1 RNS
The parties have heretofore filed joint federal and state returns. Both parties
agree that in the event any deficiency in federal, state or local income tax is proposed,
17
or any assessment of any such tax is made against either of them, each will indemnify
and hold harmless the other from and against any loss or liability for any such tax
deficiency or assessment therewith. Such tax, interest, penalty or expense shall be
paid solely and entirely by the individual who is finally determined to be the cause of
the misrepresentations or failures to disclose the nature and extent of his or her
separate income on the aforesaid joint returns.
29. YEAR 2000 T RETURN,
The parties agree to execute a joint tax return for the tax year 2000. In the
event that monies are owed, HUSBAND agrees to pay said monies in full and to
indemnify and save WIFE harmless from payment of same. In the event the parties
receive a refund on any taxes paid, said refund shall be divided equally between the
parties.
30. INSURANCE CHECK DISBURSEMENT.
On the date of execution of this Agreement, HUSBAND'S counsel shall
immediately release to WIFE and her attorney a check equal to one-half (1/2) of the
existing escrow account balance established by HUSBAND'S attorney at Orrstown
Bank derived from insurance proceeds.
31. CEMETERY PLOTS.
Each party shall be entitled to one of two cemetery plots owned by the parties
consistent with Deed No. 1291, dated June 5, 1963, and identified as Lots G846-C, 3
and 4. The parties agree to execute any and all follow-up documents with Westminster
Cemetery, Inc., to facilitate transfer of these plots as indicated. Each party waives all
18
right, title and interest each may have in the plot awarded to the other.
32. FINAL EQUITABLE DISTRIBUTION OF PROP RTY
The parties agree that the division of all property set forth in this Agreement is
equitable and in the event the action in divorce is finalized, both parties relinquish the
right to divide said property in any manner not consistent with the terms set forth
herein. It is further the intent, understanding and agreement of the parties that this
Agreement is a full, complete and equitable property division.
33. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL
SUPPORT COUNSEL FEES MAINTENANCE AND COSTS,
The parties hereto agree and do hereby waive any right and/or claim they may
have, both now and in the future, against the other for alimony, alimony pendente life,
spousal support, maintenance, counsel fees and costs except as provided herein.
34. PERSONAL RIGHTS.
HUSBAND and WIFE may and shall, at all times hereafter, live separate and
apart. They shall be free from any control, restraint, interference or authority, direct or
indirect, by the other in all respects as fully as if they were unmarried. They may reside
at such place or places as they may select. Each may, for his or her separate use or
benefit, conduct, carry on and engage in any business, occupation, profession or
employment which to him or her may seem advisable. HUSBAND and WIFE shall not
molest, harass, disturb or malign each other or the respective families of each other nor
compel or attempt to compel the other to cohabit or dwell by any means or in any
manner whatsoever with him or her.
35. MUTUAL RELEASES.
19
HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and
forever discharge the other and the estate of such other, for all time to come, and for all
purposes whatsoever, from any and all rights, title and interest, or claims in or against
the property (including income and gain from property hereafter accruing) of the other
or against the estate of such other, of whatever nature and wheresoever situate, which
he or she now has or at any time hereafter may have against such other, the estate of
such other or any part thereof, whether arising out of any former acts, contracts,
engagements or liabilities of such other or by way of dower or courtesy, or claims in the
nature of dower or courtesy or widow's or widower's rights, family exemption or similar
allowance, or under the intestate laws, or the right to take against the spouse's will; or
the right to treat a lifetime conveyance by the other as testamentary, or all other rights
of surviving spouse to participate in a deceased spouse's estate, whether arising under
the laws of (a) the Commonwealth of Pennsylvania, (b) State, Commonwealth of
territory of the United States, or (c) any other country, or any rights which either party
may have or at any time hereafter have for past, present or future support or
maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs
or expenses, whether arising as a result of the marital relation or otherwise, except, and
only except, all rights and agreements and obligations of whatsoever nature arising or
which may arise under this Agreement or for the breach of any provision thereof. It is
the intention of HUSBAND and WIFE to give to each other by the execution of this
Agreement a full, complete and general release with respect to any and all property of
any kind or nature, real, personal or mixed, which the other now owns or may hereafter
20
acquire, except and only except all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or for the breach of
any provisions thereof.
36. WAIVER OR MODIFICATION TO BE IN WRITING,
No modification or waiver of any of the terms hereof shall be valid unless in
writing and signed by both parties and no waiver of any breach hereof or default
hereunder shall be deemed a waiver of any subsequent default of the same or similar
nature.
37. MUTUAL COOPERATION.
Each party shall, at any time and from time to time hereafter, take any and all
steps and execute, acknowledge and deliver to the other party, any and all further
instruments and/or documents that the other party may reasonably require for the
purpose of giving full force and effect to the provisions of this Agreement.
38. AGREEMENT BINDING ON HEIRS.
This Agreement shall be binding and shall inure to the benefit of the parties
hereto and their respective heirs, executors, administrators, successors and assigns.
39. INTEGRATION.
This Agreement constitutes the entire understanding of the parties and
supersedes any and all prior agreements and negotiations between them. There are
no representations or warranties other than those expressly set forth herein.
40. OTHER DOCUMENTATION.
WIFE and HUSBAND covenant and agree that they will forthwith (and within at
21
least twenty (20) days after demand therefor), execute any and all written instruments,
assigns, releases, satisfactions, deeds, notes, stock certificates, or such other writings
as may be necessary or desirable for the proper effectuation of this Agreement, and as
their respective counsel shall mutually agree should be so executed in order to tarty
out fully and effectively the terms of this Agreement.
41. NO WAIVER OF DEFAULT
This Agreement shall remain in full force and effect unless and until terminated
under and pursuant to the terms of this Agreement. The failure of either party to insist
upon strict performance of any of the provisions of this Agreement shall in no way
affect the right to such party hereafter to enforce the same, nor shall the waiver of any
subsequent default of the same or similar nature, nor shall it be construed as a waiver
of strict performance of any other obligations herein.
42. BREACH.
If for any reason either HUSBAND or WIFE fails to perform his or her obligations
hereunder owed to or for the benefit of the other party and/or otherwise breaches the
terms of this Agreement, then the other party shall have the following rights and
remedies, all of which shall be deemed to be cumulative and not in the alternative,
unless said cumulative effect would have an inconsistent result or would result in a
windfall to the other party.
(a) the right to specific performance of the terms of this Agreement, in which
event the non-breaching party shall be reimbursed for all reasonable attorney's fees
and costs incurred as the result of said breach and in bringing the action for specific
22
performance.
(b) the right to damages arising out of the breach of the terns of this
Agreement, which damages shall include reimbursement of all attorney's fees and
costs incurred as the result of the breach and in bringing the damage action.
(c) the right to all remedies set forth in Section 3502(e) of the Pennsylvania
Divorce Code, 23 Pa.C.S.A. 3502(e), and any additional rights and remedies that may
hereafter be enacted by virtue of the amendment of said Section or replacement
thereof by any other similar laws, which remedies shall include, but not be limited to:
(1) the entry of judgement;
(2) the authorization of the taking and seizure of goods and chattels
and collection of rents and profits of real and personal and tangible and
intangible property;
(3) the transfer and sale of any property required to obtain
compliance with the obligations undertaken by this Agreement;
(4) the posting of security to insure future payments to assure
compliance with the obligations undertaken by this Agreement;
(5) the issuance of attachment proceedings and the holding of the
Defendant to be in contempt and the making of appropriate order thereof
including, but not limited to, commitment of the breaching party to county jail for
a period not to exceed six (6) months;
(6) the award of counsel fees and costs;
(7) the attachment of the breaching party's wages.
23
(d) Any other remedies provided for in law or in equity.
43. SEVERABILITY
If any term, condition, clause or provision of this Agreement shall be determined
or declared to be void or invalid in law or otherwise, then only that term, condition,
clause or provision shall be stricken from this Agreement and in all other respects this
Agreement shall be valid and continue in full force, effect and operation. Likewise, the
failure of any party to meet his or her obligations under any one or more of the
paragraphs herein, with the exception of the satisfaction of the conditions precedent,
shall in no way avoid or alter the remaining obligations of the parties.
44. LAW OF PENNSYLVANIA APPLICABLE,
This Agreement shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania.
45. HEADINGS NOT PART OF A •RE MENT
Any heading preceding the text of the several paragraphs and subparagraphs
hereof, are inserted solely for convenience of reference and shall not constitute a part
of this Agreement nor shall they affect its meaning, construction or effect.
BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING
READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY
ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS
BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT
AFTER A FULL HEARING.
24
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first above written.
c-
---Kenneth B. Lehman
Ellen L. Lehman
25 %
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND ( SS.
On this, the day of 2000, before me the undersigned
officer, personally appeared Kenneth B. Lehman known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that he executed the same for the purposed therein contained.
IN WITNESS WHEREOF, I have hereunto set me hand and seal.
NOTARIAL SEAL
TAMMY S. FAUST, Nolmy PuLMic
LowerAllen TWp., Cumberland County
My Ccmmissicn Expires June M 2002'
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND ( SS.
On this, the day of Loluc , 2000, before me the undersigned
officer, personally appeared Ellen L. Lehman known to me (or satisfactorily proven) to
be the person whose name is subscribed to the within instrument, and acknowledged
that she executed the same for the purposed therein contained.
IN WITNESS WHEREOF, I have hereunto set me hand and seal.
TAMMY 3. FAUST, No ey pubjLo
nverAllen MM, CumberrandCounty
m Ey4fres June 2Z 2M2
26
FROM : Charles Rector, Esq.
PHONE NO.' : 717+761+2161 Oct. X25 X000 08: SORM p2
Exhibit "A"
Equitable Distribution of Mutual Funds and Whole
Life Insurance Cash Values
IRA - American Fund $23,363
AIM Funds $20,817
Phoenix Inv. Partners Acct. $10.720
Putnam Investments Acct. $7,640
First Eagle Slogan Oversees Fun $4.691
Delaware Investments Acct. IN 763
$96,974
Baltimore Life Ins. Cash Value $23.000
IRA - Income Fund of America $28,464
American legacy 111. $34,107
Fidelity Adv. Growth $11.404
$96,965
Ai
MARRIAGE SETTLEMENT AGREEMENT
THIS AMENDMENT made this j?day of December, 2000, amending a
Comprehensive Marriage Settlement Agreement dated October 25, 2000, between
KENNETH B. LEHMAN ("HUSBAND")
and
ELLEN L. LEHMAN ("WIFE").
WITNESSTH:
WHEREAS, the parties entered into a Comprehensive Marriage Settlement
Agreement dated October 25 2000; and whereas, the parties desire to amend paragraph
13 of the said agreement as it relates to the sale and/or transfer of the parties' real estate
located at 105 Steelstown Road, Newville, Pennsylvania, 17065.
THEREFORE, in consideration of the marital premises herein intending to be
legally bound hereby, the parties amen' their Comprehensive Marriage Settlement
Agreement as follows:
1. Paragraph 13 entitled "DIVISION OF REAL ESTATE" is amended
by deleting the entire paragraph and replacing it with the following:
13. DIVISON OF REAL ESTATE
The parties are the owners of real estate known and numbered as 105 Doubling
Gap Road, Newville, Cumberland County, Pennsylvania, 17241, and 105 Steelstown
Road, Newville, Cumberland County, Pennsylvania, 17241. The parties agree to transfer
the 105 Steelstown Road property to HUSBAND and/or his assigns in consideration of
$136,500.00. Final settlement to occur on or before January 1, 2001, at which time
SECOND AMENDMENT TO COMPREHENSIVE
MARRIAGE SETTLEMENT AGREEMENT
This Amendment made this day of December, 2000, constitutes the
second amendment to the Comprehensive Marriage Settlement Agreement dated
October 25, 2000, between KENNETH B. LEHMAN ("Husband")
and ELLEN L. LEHMAN ("Wife")
WITNESSETH:
WHEREAS, the parties entered into a Comprehensive Marriage Settlement
Agreement dated October 25, 2000, and an Amendment thereto dated December 1,
2000; and
WHEREAS, the parties desire to enter into a second amendment to said
Agreements;
NOW THEREFORE, in consideration of the mutual premises herein and
intending to be iegally bound hereby, the parties amend their Comprehensive Marriage
Settlement Agreement and First Amendment thereto with this Second Amendment as
follows:
Paragraph 18 is amended with the following language added thereto:
18. Equitable Distribution Payments to Wife
The parties further agree that in lieu of Husband reimbursing Wife for 100% of
her health insurance premiums including the cost of Temporary Continuation of
Coverage (TCC) through the Federal Government and all monthly premiums hereafter
due and owing which arise from her Spouse Equity Enrollment in a same or similar
"standard option"plan for the remainder of her natural life, 100% of all costs and
1
insurance premiums payable for Wife's' continued health insurance coverage shall be
deducted directly from the 50% portion of Husband's gross monthly pension benefit" as
defined at Paragraph 15 of the parties' Comprehensive Marriage Settlement Agreement
dated October 25, 2000, and as contained in their Domestic Relations Order. Until such
ilme as the Office of Personnel Management commences this deduction from Husband's
50% gross monthly pension benefit, Husband shall remain responsible for directly
reimbursing Wife for 100% of the cost of her health insurance coverage as contained in
Paragraph 18 of the parties' Comprehensive Marriage Settlement Agreement dated
October 25, 2000.
2. The parties hereby covenant and agree to add the following paragraph to
their original Comprehensive Marriage Settlement Agreement:
46. The parties acknowledge and agree that Wife shall receive as her sole
and separate property all right, title and interest in one (1) govemment bronze memorial,
one (1) standard burial vault, one (1) casket, and one (1) burial space in the "Garden of
Benediction." Husband waives all right, title and interest in and to the above assets
awarded to Wife which were previously purchased by the parties from Westminster
Cemetery, Inc. 1159 Newville Road, Carlisle, PA 17013.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
On this J day of December, 2000, before me a notary public, the undersigned
officer, personally appeared Kenneth B. Lehman, known to me (or satisfactorily proven)
to be the person whose name is subscribed to the within instrument, and acknowledged
that he executed same for the purposes therein contained.
In witness whereof. I hereunto set my hand and official seal.
MAW
Notary Public
Notarial 8ael
Karon Kay BuckleyY, Notary Publk
.....
6outh Mlddlafon 7Wp., Cumbenand County
My Commleelon Expires June 29, 2001 Notarial Seal
Karen Kay Bueklay, Notary r
South Middleton Twp.. Cumberla
COMMONWEALTH OF PENNSYLVAN Any Commissioq Expires Jum
) SS:
COUNTY OF CUMBERLAND )
On this + clay of December, 2000, before me a notary public, the undersigned
officer, personally appeared Ellen L. Lehman, known to me (or satisfactorily proven) to
be the person whose name Is subscribed to the within Instrument, and acknowledged
that he executed same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
Notary Public
Notarial Seal
Karen Kay Buckley, Notary Puol?c
South Middleton Twp., Cumoerland County
My Commission Expires June 23. 2001
J. '
Exhibit B
;s
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
No. ..•9.9-513.3 .. .................. 19
DECREE IN
D 11/0 R CE
AND NOW, • • , ,JAr%11A;y, ,Z4,• , . • ......... 49 2AAl.. , it is ordered and
decreed that ... Kanneth .E,. Lebman ........................... plaintiff,
and .......Ellen .L.. Lehman ................................ . defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered; NONE
The Comprehensive marriage settlement Agreement dated October 25,
2000,•and.the-supplementa•1-Amendments. thereto.da.ted.D.ecemhe; 1,
2000,. and December 29, 2000, executed by the parties are attached,
" h'eYAtb' 'Arid' TricbYptlrh'ted'lift 0"t'his' 'decre'e -for -enforcement. • •
purposes only pursuant to Section 3105 of the Pennsylvania
Divorc de. '•
By The Court:
7 Ed ar B. Ba le
............. .-r'a r
} Attest- ,vad.?
?';.i.3lse\
.................. .
PRothonotary
_ CERTIFIED COPY ISSUED JANUARY 25, 200 ?.??a•
1,
'N'0'd Mt ®0379A93B,
FEpERAL EMPLOYEES
HEALTH BENEFITS
PROGRAM
FEHB
FORM OPRS-2 (R.vised 4120001
NOTICE OF ENROLLMENT
MARCH 01, 2001
IudlLtduL6LtIudlLLutlt1ut11tldnLLdLdNJI
T 00001 00000244 1 AS 0.279 02
ELLEN L. LEHMAN
91 DOUBLING GAP ROAD
APT 209
NEWVILLE PA 17241-9215
This notice provides you with information regarding your enrollment under the Federal Employees Health Benefits (FEHB)
program.
The United States Department of Agriculture's National Finance Center (NFC) will serve as the central processing office
sponsored by the Office of Personnel Management (OPM) to handle your Direct Premium Remittance System (OFFS) account
We have enclosed your monthly premium coupons which must be returned with your payments. Please make sure
you received an initial coupon for the current month and a coupon for each of the remaining months of the year.
The first coupon includes the total amount you owe from the effective date of your enrollment through the and of the
current month If the effective date of your enrollment was not the first day of a month, your premium amount will be
prorated
Payments are due on or before the first day of the following month. Any payments received after the due date
will be considered delinquent and may result in your enrollment being canceled.
If you have any questions regarding your account or need to change your plan, option, or type of enrollment at any time
other than open season, you must call the NFC at 1-800-242-9630 to determine your eligibility.
Open season under the FEHB program is conducted at the end of each calendar year and will be handled by the NFC.
You will be receiving information on FEHB plan changes and new premium rates at that time. During open season you
will be permitted to change to other FEHB plans or elect to change options.
Should you decide to cancel before the expiration date, you must submit a signed and dated written request. The
cancellation will be effective as of the last day of the month that the request is received by NFC, or the last day
of a future month, if it is received prior to the month requested. The premiums must be paid through the day of
cancellation (Remember, the monthly payment is due after the period of coverage.) If you cancel due to coverage as a
federal employee, please include your daytime telephone number and a copy of your SF-2809, showing the effective
date of coverage as an employee, with your request to cancel. This will enable us to contact you with the exact
mount due for the prorated period and to expedite your cancellation.
If you need to change your name, address, or other personal data, you must write us. All correspondence must include
your social security number and must be sent to:
USDA
National Finance Center
DPRS Billing Unit
P. O. Box 61760
New Orleans. LA 70161
Please be sure the following information is correct If there is an error, contact us immediately.
PERSONAL DATA COVERAGE DATA
SSN NAME OF PLAN
198-30-2417 BLUE CROSS AND BLUE SHIELD
DATE OF BIRTH ENROLLMENT CODE
05/03/1939 104
MARRIED EFFECTIVE DATE EXPIRATION DATE
No 02/24/2001 01/23/2004
i
C.
FEDERAL EMPLOYEES
HEALTH BENEFITS Please make your check payable to:
FEHB National Finance Center
Include your social security number on
PAYMENT COUPON the check. Mail check with this coupon to:
FEDERAL EMPLOYEES
HEALTH BENEFITS Please make your check payable to:
FEHB National Finance Center
Include your social security number on
PAYMENT COUPON the check. Mail check with this coupon to:
COUPON NUMBER USDA, National Finance Center
1 DPRS Collections
P.O. Box 70874
Chicago, IL 60673-0874
Pu,od M C.v.o.B.
02/24/2001-03/31/2001 E...a...,
Name of FEHB Plan Coda
BLUE CROSS AND BLUE SHIELD 104
Da. P...... Du. Amoun, 0- Em., Amoun, Pud
04/01/2001 $314.78 $
Social Security Number: 198-30-2417
LEHMAN, ELLEN L
91 DOUBLING GAP ROAD
APT 206
NEWVILLE PA 17241-9215
FORM DPRS-I (Revu.d 4/20001
FEDERAL EMPLOYEES
HEALTH BENEFITS Please make your check payable to:
FEHB National Finance Center
Include your social security number on
PAYMENT COUPON the check. Mail check with this coupon to.
COUPON NUMBER USDA, National Finance Center
3 DPRS Collections
P.O. Box 70874
Chicago, IL 60673-0874
P.,md .1 C.vmag.
05/01/2001-05/31/2001 Em.dmm,
M.m. of FEHB Plan Cade
BLUE CROSS AND BLUE SHIELD 104
Dan. Parm.n Du. Amoun. Du. Eno Amoum Paid
06/01/2001 $267.08 $
Social Security Number: 198-30-2417
LEIMAN, ELLEN L
91 DOUBLING GAP ROAD
APT 206
NEWVILLE PA 17241-9215
FORM DPRS-I IRavnw 4/20001
FEDERAL EMPLOYEES
HEALTH BENEFITS Please make your check payable to:
FEHB National Finance Center
Include your social security number on
PAYMENT COUPON the check. Mail check with this coupon to:
COUPON NUMBER USDA, National Finance Center
5 DPRS Collections
P.O. Box 70874
Chicago, IL 60673-0874
Penal of C....go
07/01/2001-07/31/2001 Emalmw
Noma of FEHB Plan C.4.
BLUE CROSS AND BLUE SHIELD 104 -71
Gain P.ym.nl Du. Amoun, Duo Enur Am..n, Pue
08/01/2001 $267.08 E
Social Security Number: 198-30-2417
LEHMAN, ELLEN L
91 DOUBLING GAP ROAD
APT 206
NEWVILLE PA 17241-9215
FORM DPRS-I IR.vu.d 4/20001
COUPON NUMBER USDA, National Finance Center
2 DPRS Collections
P.O. Box 70874
Chicago, IL 60673-0874
Puled el C-.ng.
04/01/2001-04/30/2001 Enn.nm.n
Name of FEHB Plan tale
BLUE CROSS AND BLUE SHIELD 104
Da. P.Y.man, Du. Amoum Du. Emm Amoun, Pnd
08/01/2001 $287.08 $
Social Security Number: 198-30-2417
LEHMAN, ELLEN L
91 DOUBLING GAP ROAD
APT 206
NEWVILLE PA 17241-9215
FORM DPRS-I (Revised 4/20001
FEDERAL EMPLOYEES
HEALTH BENEFITS Please make your check payable to:
FEHB National Finance Center
Include your social security number on
PAYMENT COUPON the check. Mail check with this coupon to:
COUPON NUMBER USDA, National Finance Center
4 DPRS Collections
P.O. Box 70874
Chicago, IL 60673-0874
Pmad el Covuaga
06/01/2001-06/30/2001 Em.nm.a
Name of FEHB Plan code
BLUE CROSS AND BLUE SHIELD 104
Da. P...... One Am.um Dua E.I.r Am.,., Pont
07/01/2001 $267.08 $
Social Security Number: 198-30-2417
LEHMAN, ELLEN L
91 DOUBLING GAP ROAD
APT 206
NEWVILLE PA 17241-9215
FORM DPRS-I IRevmd 4/20001
FEDERAL EMPLOYEES
HEALTH BENEFITS Please make your check payable to:
HB National Finance Center
FE Include your social security number on
PAYMENT C..UPON the check. Mail check with this coupon to:
COUPON NUMBER USDA, National Finance Center
6 OPRS Collections
P.O. Box 70874
Chicago, IL 60673-0874
Pmmd .I C.vu.g.
08/01/2001-08/31/2001 E...Real
Name al FEH8 Plan code
BLUE CROSS AND BLUE SHIELD 104
Dn. P.vm.n D.. Am..nl Da. Eral A.mnt Palo
09/01/2001 $287.08 $
Social Security Number: 198-30-2417
LEHMAN, ELLEN L
91 DOUBLING GAP ROAD
APT 206
NEWVILLE PA 17241-9215 FORM OPRS-I (R.Y,..d 4120001
FEDERAL EMPLOYEES
HEALTH BENEFITS
FEHB Please make your check payable to:
National Finance Center
PAYMENT COUPON Include your social security number on
the check. Mail check with this coupon to:
COUPON NUMBER USDA, National Finance Center
7 DPRS Collections
P.O. Box 70874
Pond sl C.v Chicago, IL 60673-0874
.,aq.
09/01/2001-09/30/2001 Emallmenl
X.P. el FEHB Plan Code
BLUE CROSS AND BLUE SHIELD 704
Da. Paym.m Dua 4m.um Ou. Em., Aims Paid
10/01/2001 $267.08 $
Social Security Number: 198-30-2417
LEHMAN, ELLEN L
91 DOUBLING GAP ROAD
APT 206
NEWVILLE PA 17241-9215
FORM OPRS?1 (Reviled 4/2000)
FEDERAL EMPLOYEES
HEALTH BENEFITS Please make your check payable to:
FEHB National Finance Center
Include your social security number on
PAYMENT COUPON the check. Mail check with this coupon to:
COUPON NUMBER USDA, National Finance Center
9 DPRS Collections
P.O. Box 70874
Chicago, IL 60673-0874
Pied el Cav.uq.
11/01/2001-11 /30/2001
Nam. el FEHB Plan Em.11m.m
Cad.
BLUE CROSS AND BLUE SHIELD 104
DN Peym., Dua Ameum Du. Ent., Ameunl Pm4
12/01/2001 2267.08 $
Social Security Number: 198-30-2417
LEHMAN, ELLEN L
91 DOUBLING GAP ROAD
APT 206
NEUVILLE PA 17241-9215
FORM DPRS-I (Revisal 4/20001
FEDERAL EMPLOYEES
HEALTH BENEFITS
FEHB .
Please make your check payable to:
National Finance Center
PAYMENT COUPON Include your social security number on
the check. Mail check with this coupon to:
COUPON NUMBER USDA, National Finance Center
8 DPRS Collections
P.O. Box 70874
Chicago, IL 60673-0874
Period a] Coverage
10/01/2001-10/31/2001 Enr.llm.nt
Nam. el FEHB Plan G1.
BLUE CROSS AND BLUE SHIELD _ 104
Data Payment Dua A ....I Ca. Emu Ameum Patl
11/01/2001 5267.08 S
Social Security Number: 198-30-2417
LEHMAN, ELLEN L
91 DOUBLING GAP ROAD
APT 206
NEMVILLE PA 17241-9216
FORM DPRS-t (Revised 4/2000)
FEDERAL EMPLOYEES
HEALTH BENEFITS Please make your check payable to:
FEHB National Finance Center
Include your social security number on
PAYMENT COUPON the check Mail check with this coupon to:
COUPON NUMBER USDA, National Finance Center
10 DPRS Collections
P.O. Box 70874
Chicago, IL 60673-0874
P.,i.d if Cava...
12/01/2001-12/31/2001
Nam. al FEHB Plan Eii alham,
C.d.
BLUE CROSS AND BLUE SHIELD 104
Da. Pavm.m Du.
1
Am...t Du.
Em., Am..., Paid
01/01/2002 $267.08 $
Social Security Number: 198-30-2417
LEHMAN, ELLEN L
91 DOUBLING GAP ROAD
APT 206
NEIIVILLE PA 17241-9215
FORM DPRS-I (Revised 412000)
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IN THE COURT OF COMMON PLEAS OF
CLWERLAND COUNTY, PENNSYLVANIA
KENNETH B. LEHMAN
Plaintiff
vs.
ELLEN L. LEHMAN
KENNETH B. LEHMAN
a master with respect to the folio
( x) Divorce
( ) Annulment
( ) Alimony
( ) Alimony Pendente
CIVIL ACTION - LAW
IN DIVORCE
yp, 5133 19 99
, moves the court to appoint
ing claims:
(X) Distribution of Property
( ) Support
(X ) Counsel Fees
Lite (X ) Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claims(s) for which the
appointment of a master is requested. (personally)
(2) The defendant (has) (hasxnas) appeared in the action on (by h attorney, Charles Rector
(3) The staturory ground(s) for divorce (is) (wom) Section 3301(d)
(b) No agreement has been reached with respect to the
following claims
claims:
or fact.
is
not
(6) The hearing is expected to tak
(7) Additional information, if any
Date: 1- 1 ` - 0 0
is
AND
to
respect
issues
(if **§) (days) .
to the motion: None
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH B. LEHMAN, : CIVIL ACTION - LAW
Plaintiff
VS. : CASE NO. 99- S/ 33 Cc"'t -? a?
ELLEN L. LEHMAN,
Defendant : IN DIVORCE
TO: Ellen L. Lehman, Defendant
You have been sued in an action for divorce. You have failed to answer the
complaint or file a counteraffidavit to the plaintiffs affidavit. Therefore, on or after
September 11, 1999, the plaintiff can request the Court to enter a final decree in divorce.
If you do not file with the Prothonotary of the Court an answer with your
signature notarized or verified or a counteraffidavit by the above date, the Court can enter
a final decree in divorce. Unless you have already filed with the Court a written claim for
economic relief, you must do so by the above date or the Court may grant the divorce and
you will lose forever the right to ask for economic relief. A COUNTERAFFIDAVIT
WHICH YOUMAY FILE WITH THE PROTHONOTARY OF THE COURT IS
ATTACHED TO THIS NOTICE.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
Two Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH B. LEHMAN, : CIVIL ACTION - LAW
Plaintiff
VS. : CASE NO. 99-
ELLEN L. LEHMAN,
Defendant : IN DIVORCE
1. Check either (a) o (b):
(a) I do not oppose entry of a divorce decree.
(b) I oppose the entry of a divorce decree because
Check (i), (ii) or both:
(i) The parties to this action have not lived separate and apart for a period
of at least two years.
(ii) The marriage is not irretrievably broken.
2. Check either (a) or (b):
(a) I do not wish to make any claims for economic relief. I understand that I may
lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not
claim them before a relief is granted.
(b) I wish to claim economic relief which may include alimony, division of
property, lawyer's fees or expenses or other important rights.
I, Ellen L. Lehman, Defendant, verify that the statements made in this affidavit
are true and correct. I understand that false statements are made subject to the penalties
of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities.
Defendant
NOTICE; If you do not wish to oppose the entry of a divorce decree and you do not
wish to make any claim for economic relief, you need not file this counteraffidavit.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH B. LEHMAN,
Plaintiff
CIVIL ACTION - LAW
vs.
ELLEN L. LEHMAN,
Defendant
CASE NO. 99- Y 13 3
IN DIVORCE
1. I am the plaintiff in the above matter.
2. I personally know that the defendant, Ellen L. Lehman, is over the age of eighteen
(18) years; and that the defendant resides at 105 Steelstown Road, Newville, PA 17241.
3. The defendant is not in the military or naval service of the United States or its allies or
otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940 and
its amendments.
I, Kenr..;th B. Lehman, Plaintiff, verify that the statements made in this affidavit
are true and correct. I understand that false statements are made subject to the penalties
of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities.
Kenneth B. Lehman
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KENNETH B. LEHMAN,
Plaintiff
V.
ELLEN L. LEHMAN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5133
CIVIL ACTION - LAW
IN DIVORCE
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take prompt action. You are warned that if you fail to do
so, the case may proceed without you and a decree of divorce or annulment may be
entered against you by the court. A judgment may also be entered against you for any
other claim or relief requested in these papers by the Defendant. You may lose money
or property of other rights important to you, including the 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 at the Office of the Prothonotary.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
KENNETH B. LEHMAN,
Plaintiff
V.
ELLEN L. LEHMAN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5133
CIVIL ACTION - LAW
IN DIVORCE
AND NOW, comes the Defendant, Ellen L. Lehman, by and through her attorney,
Charles Rector, Esquire, and files the within Answer with Counterclaim to Complaint in
Divorce, and in support thereof avers the following:
1.-6. Admitted.
7. Denied. It is denied that the marriage is irretrievably broken due to
irreconcilable difference and proof thereof is demanded.
8.-10. Admitted.
WHEREFORE, Defendant requests that Your Honorable Court dismiss, with
prejudice, Plaintiffs Complaint for Divorce.
11. Paragraphs 1 through 10 above are incorporated herein by reference as if
set forth at length.
12. The parties have acquired, during the course of the marriage and prior to
separation, property, both real and personal, which they own jointly or which was
otherwise purchased so as to constitute marital property within the definition and scope
of Section 3502 of the Divorce Code.
WHEREFORE, Defendant requests your Honorable Court to enter an Order
distributing the marital property owned by the parties.
13. The allegations in Paragraph 1 through 12 are incorporated herein by
reference and made a part hereof.
14. Defendant is unable to sustain herself during the course of this litigation.
15. Defendant lacks sufficient property to provide for her reasonable needs
and is unable to sustain herself adequately through appropriate employment.
16. Defendant requests this Honorable Court to enter an award of spousal
support and/or alimony pendente lite in her favor pursuant to Section 3701 of the
Divorce Code.
WHEREFORE, Defendant respectfully requests this Honorable Court to enter an
award of spousal support and/or alimony pendente lite until final hearing and thereupon
to enter an order of permanent alimony in her favor pursuant to Section 3701 of the
Divorce Code.
17. The allegations of Paragraphs 1 through 16 are incorporated herein by
reference and made a part hereof.
18. Defendant has retained an attorney to prosecute this action and has
agreed to pay him a reasonable fee.
19. Defendant has incurred and will incur costs and expenses in prosecuting
this action.
20. Defendant is not financially able to meet the expenses and costs of
prosecuting this action or the fees to which her attorney will be entitled in this case.
21. Defendant requests this Honorable Court to enter an award of interim
counsel fees, costs and expenses until final hearing and thereupon such additional
counsel fees, costs and expenses as deemed appropriate.
WHEREFORE, Defendant respectfully requests, pursuant to Section 3702 of the
Divorce Code, that the Court enter an Order directing Plaintiff to pay Defendant's
reasonable counsel fees, costs and expenses.
RESPECTFULLY SUMBITTED:
Charles Rector, Esquire
1104 Fernwood Avenue, Ste. 203
Camp Hill, PA 17011-6912
(717) 761-8101
Attorney for Defendant
Date: 8/31/99
I verify that the statements made herein 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.
Ellen Lehman
Date: B'-,S/ 'j
I, Charles Rector, Esquire, do hereby certify that on the 31" day of August 1999,
I caused a true and correct copy of the within Answer and Counterclaim to Complaint in
Divorce to be served upon the following counsel of record by depositing same in first
class, United States mail, postage paid, in Camp Hill, Pennsylvania:
Joseph D. Buckley, Esquire
1237 Holly Pike
Carlisle, PA 17013
By: Chbdi?- dty(
Charles Rector, Esquire
1104 Fernwood Avenue, Ste. 203
Camp Hill, PA 17011-6912
(717) 761-8101
Date: 8/31/99
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH B. LEHMAN, : CIVIL ACTION - LAW
Plaintiff
VS. : CASE NO. 99-5133
ELLEN L. LEHMAN,
Defendant IN DIVORCE
PRE-HEARING MEMO
TO: E. Robert Elicker II, Esquire
Master
AND NOW this ' ?day of July, 2000 comes Plaintiff, by and through his
counsel, Joseph D. Buckley, Esquire, pursuant to Rule 1920.33 (b) of the Pennsylvania
Rules of Civil Procedure sets forth this pre-hearing memo:
1. Real Estate:
A. Residential - 105 Doubling Gap Road, Newville, PA
B. Residential - 105 Steelstown Road, Newville, PA
Total Real Estate
2. Cash, Notes, IRA, Annuity, Mutual Funds:
A. C.D. Or stown Bank (No. 506-62556) (Ken Lehman)
B. IRA (In Fd Amer #06-59375132) (Ellen Lehman)
C. IRA (In Fd Amer #06-59375131) (Ken Lehman)
D. Mutual Fund (AIM #7001685424) (Joint)
E. Mutual Fund (Tx Fr PA #007-5077435993) (Joint)
F. Mutual Fund (Fd Adv Gr Opp #168-00084045330) (Joint)
G. Mutual Fund (Phoenix #50-4968235) (Joint)
H. Mutual Fund (Putnam Vy #0345518814) (Joint)
I. Mutual Fund (Sogen #740407) (Joint)
J. Mutual Fund (American Legacy #95-9541778) (Ken Lehman)
Total Cash
90,000.00
147.000.00
237,000.00
14,700.00
22,312.41
27,185.34
20,804.87
28,695.64
11,810.10
10,588.30
8,671.54
4,691.43
183,378.34
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3. Personal Property
A. Furniture and household goods located at 105 Steelstown Road
property 4,000.00
B. Furniture and tools removed from 105 Steelstown Road
property 3,400.00
C. 1983 Toyota Camper (poor condition) 1.000.00
Total Personal Property 8,400.00
TOTAL ASSETS 428,778.34
EM=
1. Larry Foote, Real Estate Appraisal (see reports)
1. Kenneth B. Lehman, Plaintiff, will describe reasons for separation and value of
certain assets.
2. Kendra J. Shaffer, daughter, will describe reasons for separation
3. Kendall S. Lehman, son, will describe reasons for separation.
4. Kent E. Lehman, son, will describe reasons for separation.
5. Brent A. Lehman, son, will describe reasons for separation.
1. Tax Returns 1995 to Present
2. Estate Appraisals
3. Medical Bills
4. Tax Bills.
1. Self-employment -part-time welding andiron work. 850.00/yr.
1. Monthly - see report.
1. U. S. Department of Defense -monthly payment 1,610.00
2. Social Security- monthly payment 70.00
1. Hershey Medical Center (Ellen Lehman) 07-17-96 to 08-02/96 2,400.00
2. University Physicians (Ellen Lehman) 1,080.00
3. Real Estate Taxes (current year)
These are the only outstanding marital debts, most which were the unreimbursed
portion of medical bills incurred by Ellen Lehman, Defendant, for hospitalization and care
in July and August, 1996. No payments have been made (see attached bills).
Since their separation Ken Lehman, Plaintiff, has offered a 50-50 split of all assets
including a QDRO for 50% of his retirement pay. Plaintiff had offered a 50-50 split plus
payment of Defendant's share of medical coverage (estimated at $70.00 per month) if
Defendant would settle prior to filing for a hearing in this matter. Defendant has not
responded.
submitted,
Date: 7-A7- iqO
Attorney fVthe Plaintiff
Supreme Court ID # 38444
1237 Holly Pike
Carlisle, PA 17013
(717) 249-2448
I
APPRAISAL REPORT
A RESIDENTIAL PROPERTY
105 STEELSTOWN ROAD
NEWVILLE, PENNSYLVANIA
Diversified Appraisal Services
Real Estate Appraisers and Consultants
i
d
APPRAISAL REPORT
OF
A SINGLE-FAMILY DWELLING
LOCATED AT
105 STEELSTOWN ROAD
NEWVILLE, PENNSYLVANIA
PREPARED FOR
KENNETH B. LEHMAN
AS OF
JUNE 27, 2000
BY
LARRY E. FOOTE
DIVERSIFIED APPRAISAL SERVICES
35 EAST HIGH STREET, SUITE 101
CARLISLE, PENNSYLVANIA
17013
(717) 249-2758
SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS
LOCATION:
TAX PARCEL NUMBER:
105 Steelstown Road
Newville, Pennsylvania
30-20-1754-010
PROPERTY RIGHTS: Fee simple interest.
OWNERSHIP HISTORY: The subject property is owned by
Kenneth B. and Ellen L. Lehman. The property was purchased on
August 6, 1968 for a reported consideration of $10,000 and
ownership transferred on deed reference 22-X-777.
SCOPE OF THE ASSIGNMENT: The scope of the assignment in-
cluded an analysis of the sub-
ject's area, an inspection of the
subject property, an estimation of
the property's highest and best
use, consideration of all three
approaches to value, and the
application of those relevant to
the valuation of the subject.
OBJECTIVE: To estimate the market value of the
subject property as unencumbered.
EFFECTIVE DATE: As of June 27, 2000.
HIGHEST AND BEST USE: Use as a single-family residence.
COST APPROACH: $161,000
SALES COMPARISON APPROACH: $147,000
INCOME APPROACH: N.A.
FINAL VALUE CONCLUSION: $147,000
2
APPRAISAL CERTIFICATE
I hereby certify that upon application for valuation by:
KENNETH B. LEHMAN
the undersigned personally inspected the following described
property:
All that certain tract of land situate in North Newton
Township, Cumberland County, Pennsylvania, bounded and
described as follows:
Beginning at a spike in the center of a public road (Leg.
Rt. 21003) at corner of lands of Harold Fickes and John F. And
Vernal C. Swartz; thence along land of Harold Fickes, Miriam
Swartz and land herein described North 13 degrees 54 minutes
15 seconds East 520.03 feet to a post at corner of land of
Miriam Swartz and C. Lee Lehman; thence along land of C. Lee
Lehman, South 50 degrees 16 minutes 45 seconds East 252.38
feet to a post; thence continuing along land of C. Lee Lehman,
North 71 degrees 23 minutes 55 seconds East 277.20 feet to a
post at corner of lands of Wayne Hockensmith; thence along
land of Wayne Hockensmith South 14 degrees 37 minutes 30
seconds West 456.78 feet to a spike in center of the public
road aforesaid; thence along the center of the said public
road, North 88 degrees 46 minutes West 466.57 feet to a spike,
the place of beginning. Containing 4.448 acres and being
improved with a two story frame house and outbuildings.
To the best of my knowledge and belief the statements
contained in this report are true and correct, and that
neither the employment to make this appraisal nor the
compensation is contingent upon the value reported, and that
in my opinion the Market Value as of June 27, 2000 is:
ONE HUNDRED AND FORTY-SEVEN THOUSAND DOLLARS
$147,000
The property was appraised as a whole, subject to the
contingent and limiting conditions outlined herein.
Larr Foote
Certified General Appraiser
GA-000014-L
PURPOSE OF THE APPRAISAL
The purpose of this appraisal is to estimate the Market
Value of the subject property as of June 27, 2000.
Market Value, as defined by the courts, is the most
probable price estimated in terms of money which a property
will bring if exposed for sale in the open market, allowing a
reasonable time finding a purchaser who buys with knowledge of
all the uses to which it is adapted and for which it is
capable of being used.
Frequently, it is referred to as the price at which a
willing seller would sell and a willing buyer would buy,
neither being under abnormal pressure.
t
I
HIGHEST AND BEST USE
Highest and Best Use is defined by the Appraisal
Terminology and Handbook, published by the Appraisal
Institute, as "the most profitable likely use to which a
property can be put". The opinion of such use may be based on
the highest and most profitable continuous use to which the
property is adapted and needed, or likely to be in demand, in
the reasonable near future.
However, elements affecting value that depend upon events
or a combination of occurrences which, while within the realm
of possibility, are not fairly shown to be reasonably
probable, should be excluded from consideration. Also, if the
intended use is dependent on an uncertain act of another
person, the intention cannot be considered.
Based on the above definition and after seeing the site,
neighborhood, and area, it is my opinion that the present use
of the subject is its Highest and Best Use.
4
SITE DATA
ADDRESS: 105 Steelstown Road
TOWNSHIP: North Newton
COUNTY: Cumberland
STATE: Pennsylvania
LOT SIZE: 4.448 acres
SEWERS: Two on-site septic systems
WATER: Public utility
+ ELECTRICITY: PP&L
LANDSCAPING: Typical for the area, with a sodded lawn,
trees, and shrubs.
DETRIMENTAL INFLUENCES
None. Pride of ownership is evident throughout the
neighborhood.
DESCRIPTION OF IMPROVEMENTS
GENERAL DESCRIPTION: Two-story detached single-family
dwelling containing approximately 1,931 square feet of gross
living area.
CONDITION: Exterior: Average
Interior: Good
ROOMS: First Floor: Living room, kitchen, family room,
laundry room, and bathroom with
shower stall.
Second Floor: Four bedrooms and a full bathroom.
Basement: Two-thirds, with concrete floor.
5
EXTERIOR: Foundation: Stone
Walls: Aluminum siding.
Sash: Wood, double-hung.
Gutters: Aluminum, painted.
Roof: Asphalt shingles and metal.
INTERIOR, PRINCIPAL ROOMS: Flooring: Carpet
Walls: Wood paneling.
Ceilings: Drywall and acoustical
tile blocks.
Trim: Wood, natural finish.
KITCHEN: Cabinets: Oak, natural finish.
Counters: Formica
Walls: Drywall
Flooring: Carpet
Sink: Double-bowl, stainless steel.
BATHROOMS: Flooring: Ceramic tile on the first floor and
carpet on the second floor.
Walls: Ceramic tile on the first floor and
drywall on the second floor.
Bathtub: Shower stall on the first floor and
built-in, with shower on the second
floor.
Lavatory: Vanities
Water closet: Two-piece
Medicine cabinet: Wall-mounted
CONSTRUCTION: Joists: Wood
Beams: Wood
Columns: Wood
Plumbing: Plastic and copper.
HEATING: Baseboard, electric.
HOT WATER: Electric, 50-gallon.
ELECTRIC: Circuit breaker system, 200-ampere.
OTHER: There is a large porch and an enclosed porch
attached to the front of the dwelling, a built-in dresser in
one bedroom, and a whole-house fan on the second floor. There
is an iron fence in front of the dwelling and there are four
mobile home hookups located on the site. There is also a two-
story storage building with two overhead garage doors, an old
mobile home used for storage, a large storage building and a
small storage building on the site. There are also four
mobile home hookups located on the subject property, which are
presently leased at a rate of $175 per month each.
GENERAL CONDITION: The dwelling is considered to be in good
6
condition and the outbuildings are considered to be in average
condition, with the exception of the mobile home, which is in
fair condition.
7
THE COST APPROACH
The Cost Approach to value is based on the principle of
substitution, which proposes that an informed buyer will pay
no more than the cost of providing a substitute property with
similar utility.
In estimating the cost of providing a substitute, the
following functions are completed. The cost of the
improvements, as if new, is estimated. Loss of value due to
physical deterioration, functional obsolescence and external
deprgciation, if applicable, is deducted to represent the cost
of a substitute depreciated. The land and the value of
depreciated site improvements is added to obtain a value
indication of the real estate.
The cost new of the improvements was estimated using
information from Marshall Valuation Service, adjusted to the
local area and verified with local contractors.
Dwelling: 1,931 sq. ft. @ $49.69 = $ 95,951
Basement: 840 sq. ft. @ $12.53 = 10,525
Porches, patios, etc.: 4,850
Storage buildings: 30,680
Mobile home sites: 60.000
Total Estimated Cost New: 202,006
Depreciation: -101.003
Depreciated Cost of improvements: 101,003
Site Improvements "as is": 10,000
Estimated Site Value: 50.000
Indicated Value by Cost Approach: $161,003
Rounded to: $161,000
SALES COMPARISON APPROACH
In arriving at this conclusion of the value of the
subject property, the appraiser made a survey of properties
that have sold in the area of the subject property.
Consideration was given and adjustments were made on each
comparable sale as to time of sale, size, location, as well as
all other factors that might affect value. A resume of some
of the sales considered by the appraiser is as follows:
SALE -NO, 1
Location:
Date of Sale:
Sale Price:
Size:
Unit Price:
SALE NO. 2
Location:
Date of Sale
Sale Price:
Size:
Unit Price:
SALE NO. 3
Location:
Date of Sale:
Sale Price:
Size:
Unit Price:
177 Zion Road, Newville.
November 24, 1999.
$138,876
2,000 sq. ft.
$69.94 per sq. ft.
657 Alexander Spring Road, Carlisle.
April 30, 1999.
$120,000
1,966 sq. ft.
$61.04 per sq. ft.
12 Beetem Hollow Road, Newville.
April 30, 1999.
$130,000
1,968 sq. ft.
$66.06 per sq. ft.
The appraiser, in addition to the sales listed, also
considered several additional sales in arriving at his final
opinion of value. After making all of the necessary
adjustments, it is the appraiser's considered opinion that the
indicated value of the subject property by the Sales
Comparison Approach is $147,000.
CORRELATION
Correlation may be defined as "the bringing together of
parts in a proper relationship." The parts of this appraisal
report are the following approaches to value your appraiser
used:
Value Indicated by Cost Approach $161,000
Value Indicated by Sales Comparison Approach $147,000
These approaches are representative of the market value
of the subject property. I have carefully reexamined each
step in each method, and I believe the conclusions accurately
reflect the attitude of typical purchasers of this type
property in this neighborhood. It is my belief that this
reexamination has confirmed the original conclusions.
The Cost Approach will result in an excellent estimate if
all elements are figured accurately, because no prudent person
will pay more for a property than the cost to produce a
substitute property wiL•h equal desirability and utility.
Purchasers of the type of dwelling typical of the subject
property are more concerned with amenities than with
hypothetical replacement of the property. The value of the
cost approach is not disregarded, but given less weight
because more errors in judgement can be made in this approach.
The Sales Comparison Approach was based on several recent
sales of properties similar to that of the subject, all of
which are located in the same general area. The adjusted
sales prices are most consistent under comparison. This
approach is the most reliable because it reflects the
reactions of typical buyers and sellers in the market.
Therefore, as a result of this appraisal and analysis, it
is this appraiser's considered judgement and opinion that the
Market Value of the subject property, as of June 27, 2000, is:
ONE HUNDRED AND FORTY-SEVEN THOUSAND DOLLARS
$147,000
10
C
UNDERLYING ASSUMPTIONS AND LIMITING
CONDITIONS SUBJECT TO THIS APPRAISAL
1. I assume no responsibility for matters legal in nature,
nor do I render any opinion as to the title, which is assumed
to be marketable. The property is appraised as though under
responsible ownership.
2. The legal description used herein is correct.
3. I have made no survey of the property, and the boundaries
are taken from records believed rn ho roi;arie
4. I assume that there are no hidden or unapparent conditions
of the property, subsoil or structures which would render it
more or less valuable. I assume no responsibility for such
conditions or for engineering which might be required to
discover such factors.
5. The information, estimates, and opinions furnished to me
and contained in this report were obtained from sources
considered reliable and believed to be true and correct.
However, no responsibility for accuracy can be assumed by me.
6. This report is to be used in its entirety and only for the
purpose for which it was rendered.
7. Neither all nor any part of the contents of this report
(especially any conclusions as to value, the identity of the
appraiser or the firm with which he is connected) shall be
reproduced, published, or disseminated to the public through
advertising media, public relations media, news media, sales
media, or any other public means of communication, without the
prior written consent and approval of the appraiser.
8. This appraisal was prepared for the exclusive use of the
client identified on page five of this appraisal report. The
information and opinions contained in this appraisal set forth
the appraisers best judgement in light of the information
available at the time of the preparation of this report. Any
use of this appraisal by any other person or entity, or any
reliance or decisions based on this appraisal are the sole
responsibility and at the sole risk of the third party. The
appraiser accepts no responsibility for damages suffered by
any third party as a result of reliance on or decisions made
or actions taken based on this report.
11
CERTIFICATE OF APPRAISAL
Your appraiser hereby certifies that:
1. The statements of fact contained in this report are true
and correct.
2. The reported analyses, opinions, and conclusions are
limited only by the reported assumptions and limiting
conditions, and are my personal, impartial, and unbiased
professional analyses, opinions, and conclusions.
3. I have no present or prospective interest in the property
that is the subject of this report, and no personal interest
with respect to the parties involved.
4. i have no bias with respect to the property that is the
subject of this report or to the parties involved with this
assignment.
5. My engagement in this assignment was not contingent upon
developing or reporting predetermined results.
6. My compensation for completing this assignment is not
contingent upon the development or reporting of a
predetermined value or direction in value that favors the
cause of the client, the amount of the value opinion, the
attainment of a stipulated result, or the occurrence of a
subsequent event directly related to the intended use of this
appraisal.
7. To the best of my knowledge and belief, the statements of
fact contained in this appraisal report, upon which the
analyses, opinions, and conclusions expressed herein are
based, are true and correct.
8. This appraisal report sets forth all of the limiting
conditions (imposed by the terms of my assignment or by the
undersigned) affecting the analyses, opinions, and conclusions
contained in this report.
9. This appraisal report has been made in conformity with the
Uniform Standards of Professional Appraisal Practice adopted
by the Appraisal Standards Board of the Appraisal Foundation,
and is subject to the requirements of the Code of Professional
Ethics and Standards of Professional Conduct of the National
Association of Real Estate Appraisers.
12
10. No one other than the undersigned prepared the analyses,
conclusions, and opinions concerning real estate that are set
forth in this appraisal report.
Igr?FOOte
Certified General Appraiser
GA-000014-L
13
SALES COMPARISON ANALYSIS
These recent M" of woperbes are most similar anf pronm. 10 to sublecl mvf havp been considered in the market inelysss. The description unelyde5 a Whir adjusenenl refpSl,nj
Markel reaction to those items of sgndnnnt vanalon benimen ZI YNlect and comparatNU woperhes If a sw)mfie:mt item in the comparable proporly is superior to, or nano lavwabk
than. the Ubfepl property, a minus t-1 adjustment is mado, thus reducing the Wicated vakV of subject, it a sigmtcanl item in the comparable is interior to. or less la"able than.
The seblecl popety, a part ly adjuslmenl p made, Thus Increasing IM macared value of the Sublecl
ITEM T COMPARABLE NO.1 COMPARABLE N0.2 COMPARABLE NO.3
Address
Proximity to Subject
Sales Price
Price/Gross Liv. Area
Data Source els-
ad
$ V
ion 177 Zion Road
ewville
$139,876
$ 69.94 0
urthouse b M LS 657 Alexander Spr. Rd.
Carlisle
$ 120,000
$ 61.04 la
Courthouse b MLS 12 Beetem Hollow Rd.
Newville
5130,000
S 66.06 ?
Courthouse b MLS
VALUE ADJUSTMENTS ION
; DESCRIPTION • t- IIS yblavmem DESCRIPTION . (-)s adpslmem DESCRIPTION • tors Aaattlrcm
Sales or Financing
Concessions
one
None
None
Date of Sale/Time 27-0 11-24-99 4-30-99 4-30-99
Location
SuWrior (6,000)
Similar
Site/View s 5.01 acres (1,800) 2.17 acres 6,700 3.99 s 1,200
' Design and Appeal det. Similar Similar Sim
Duality of Construction Alumsidin
d'n Sim' r Wood 3X000 Similar
Age 13 a 100 Years 150 years 150 years
Condition Good similar Similar
Above Grade Toul I Bdmt I Bala T otal i Bdm6 I Baths klal I Balms I earns bul , Bdlms i Balms
Room Count 7 I (3,000) ' 1 4,000 2,000
Gross Lbing Area 1 931 Sq. Ft. 2,000 Sq. Ft. 1,966 Sq. FL t Sq. Fl.;
Basement 8 Finished
Rooms Below Grade
2/3 bsmt.
Similar
Similar
Functional Utilit Averacte similar
Heating/Cooling Bsbd, elec. Oil FKA Oil FHA similar
Gara /Carport 2- ar ar w of None 7,000 1-car ara e 1 4,000 1-car aaracre: 4,000
Porches, Patio,
Pools, etc. rc Porch, encl
s to. d .
None 13,000 Two porches,
barn. Porch, encl. I porch,
two ba
Special Energy
Efficient Items Typical for
the r ion.
Similar
Similar
Similar
f Fireplace(s) None Similar Fire lace (1.0003
Other (e.g. kitchen
equip., remodeling)
Net Adj. (total)
Indicated Valle
of Subject 4 mobile
,hookas
o
s ' 175, 076
No
$
E 150 700
+ - $ 17,200
S 147,200
Comments on Market Data With adjus tments, all three comparable sales are accept able for the sales
com arisen analysis and co nfirm final opinion of value of $147,000.
F, m511 Ifq FORk11It1r, 9r.FNT RAI SO. rpm FTON. M A n1519o446 1nt %"igSRn. l Rlq.141]
PHOTOGRAPHS OF THE SUBJECT PROPERTY
M
PHOTOGRAPHS OF THE SUBJECT PROPERTY
APPRAISAL REPORT
A RESIDENTIAL PROPERTY
105 DOUBLING GAP ROAD
NEWVILLE, PENNSYLVANIA
Services
Estate Appraisers and Consultants
APPRAISAL REPORT
OF
A SINGLE-FAMILY DWELLING
LOCATED AT
105 DOUBLING GAP ROAD
NEWVILLE, PENNSYLVANIA
PREPARED FOR
KENNETH B. LEHMAN
AS OF
JUNE 27, 2000
BY
LARRY E. FOOTE
DIVERSIFIED APPRAISAL SERVICES
35 EAST HIGH STREET, SUITE 101
CARLISLE, PENNSYLVANIA
17013
(717) 249-2758
SUMMARY OF IMPORTANT FACTS AND
LOCATION: 105 Doubling Gap Road
Newville, Pennsylvania
TAX PARCEL NUMBER: 30-19-1683-028
PROPERTY RIGHTS: Fee simple interest.
OWNERSHIP HISTORY: The subject property is owned by
Kenngth B. and Ellen L. Lehman. The property was purchased on
January 18, 1979 for a reported consideration of $18,000 and
ownership transferred on deed reference 28-G-313.
SCOPE OF THE ASSIGNMENT: The scope of the assignment in-
cluded an analysis of the sub-
ject's area, an inspection of the
subject property, an estimation of
the property's highest and best
use, consideration of all three
approaches to value, and the
application of those relevant to
the valuation of the subject.
OBJECTIVE: To estimate the market value of the
subject property as unencumbered.
EFFECTIVE DATE: As of June 27, 2000.
HIGHEST AND BEST USE: Use as a single-family residence.
COST APPROACH: $92,000
SALES COMPARISON.APPROACH: $90,000
INCOME APPROACH: N.A.
FINAL VALUE CONCLUSION: $90,000
2
APPRAISAL CERTIFICATE
I hereby certify that upon application for valuation by:
KENNETH B. LEHMAN
the undersigned personally inspected the following described
property:
All those two certain lots of ground situated in the
Township of North Newton, Cumberland County, Pennsylvania,
bounded and described as follows:
Composed of two lots, viz., Lots Nos. 17 and 18, in Block
No. 3 of a Plan of Lots known as "Revised plan of Lots
situated in North Newton Township, Cumberland County,
adjoining the Borough of Newville, on the North as laid out by
S.E. Landis, April 21, 1914, which said Plan is of record in
the Recorder's Office, in and for Cumberland County in Plan
Book No. 1, Page 85.
Said Lots Nos. 17
of 35 feet on said
even width 140 feet
following restriction
McCalister and M. Es
within described lots.
and 18, Block 3, each having a frontage
new State Road and extending back at an
to a 15 foot alley. Subject to the
that is now determined by the Cloyd
Cella Heberlig dwellings South of the
The above described premises have thereon erected a stone
ranch type dwelling house and other improvements.
To the best of my knowledge and belief the statements
contained in this report are true and correct, and that
neither the employment to make this appraisal nor the
compensation is contingent upon the value reported, and that
in my opinion the market Value as of June 27, 2000 is:
NINETY THOUSAND DOLLARS
$90,000
The property was appraised as a whole, subject to the
contingent and limiting conditions outlined herein.
La? E. Foot
Certified General Appraiser
GA-000014-L
PURPOSE OF THE APPRAISAL
The purpose of this appraisal is to estimate the Market
Value of the subject property as of June 28, 2000.
Market Value, as defined by the courts, is the most
probable price estimated in terms of money which a property
will bring if exposed for sale in the open market, allowing a
reasonable time finding a purchaser who buys with knowledge of
all the uses to which it is adapted and for which it is
capable of being used.
Frequently, it is referred to as the price at which a
willing seller would sell and a willing buyer would buy,
neither being under abnormal pressure.
HIGHEST AND BEST USE
Highest and Best Use is defined by the Appraisal
Terminology and Handbook, published by the Appraisal
Institute, as "the most profitable likely use to which a
property can be put". The opinion of such use may be based on
the highest and most profitable continuous use to which the
property is adapted and needed, or likely to be in demand, in
the reasonable near future.
However, elements affecting value that depend upon events
or a combination of occurrences which, while within the realm
of possibility. are not fairly shown to be reasonably
probable, should be excluded from consideration. Also, if the
intended use is dependent on an uncertain act of another
person, the intention cannot be considered.
Based on the above definition and after seeing the site,
neighborhood, and area, it is my opinion that the present use
of the subject is its Highest and Best Use.
4
SITE DATA
ADDRESS: 105 Doubling Gap Road
TOWNSHIP: North Newton
COUNTY: Cumberland
STATE: Pennsylvania
LOT SIZE: 701 x 140'
SEWERS: On-,site septic system.
WATER: Shared well.
ELECTRICITY: PP&L
YLANDSCAPING: Typical for the area, with a sodded lawn,
trees, and shrubs.
DETRIMENTAL INFLUENCES
None. Pride of ownership is evident throughout the
neighborhood.
DESCRIPTION OF IMPROVEMENTS
` GENERAL DESCRIPTION: One-story detached single-family
dwelling containing approximately 1,004 square feet of gross
living area.
CONDITION: Exterior: Good
Interior: Good
ROOMS: First Floor: Living room, eat-in kitchen, two
bedrooms and a full bathroom.
Basement: Full, with concrete floor.
EXTERIOR: Foundation: Stone
Walls: Stone
Sash: Vinyl-clad theYmopanes.
Gutters: Vinyl
Roof: Shingles
5
INTERIOR, PRINCIPAL ROOMS: Flooring: Carpet
Walls: Plaster
Ceilings: Plaster
Trim: Wood, natural finish.
KITCHEN: Cabinets: Wood, stained and varnished.
Counters: Formica
Walls: Plaster, painted.
Flooring: Carpet
Sink: Double-bowl, stainless steel.
BATHROOM: Flooring: Carpet
Walls: Plaster, painted.
Bathtub: Built-in, with shower.
Lavatory: Vanity
Water closet: Two-piece
Medicine cabinet: Wall-mounted
CONSTRUCTION: Joists: Wood
Beams: Wood
( Columns: Steel
Plumbing: Plastic
HEATING: Oil-fired forced hot air.
COOLING: Central air conditioning.
HOT WATER: Electric, 50-gallon.
ELECTRIC: Circuit breaker system, 200-ampere.
OTHER: There is a stone fireplace in the living room, with
built-in bookshelves on each side. There is a detached
oversized one-car garage and an attached one-car carport. The
wooden storage building sitting on a skid is considered to be
personal property and is not included in this appraisal
report.
GENERAL CONDITION: The improvements are considered to be in
good condition on the interior and on the exterior.
I .
I 6
THE COST APPROACH
The Cost Approach to value is based on the principle of
substitution, which proposes that an informed buyer will pay
no more than the cost of providing a substitute property with
similar utility.
In estimating the cost of providing a substitute, the
following functions are completed. The cost of the
improvements, as if new, is estimated. Loss of value due to
physical deterioration, functional obsolescence and external
depreciation, if applicab3c, is deducted to represent the cost
of a substitute depreciated. The land and the value of
depreciated site improvements is added to obtain a value
indication of the real estate.
The cost new of the improvements was estimated using
information from Marshall Valuation Service, adjusted to the
local area and verified with local contractors.
Dwelling: 1,004 sq. ft. @ $56.38 = $56,606
Basement: 1,004 sq. ft. @ $12.53 = 12,580
Porches, patios, etc.: 1,620
Fireplace: 2,500
Garage and carport: 16.320
Total Estimated Cost New: 89,626
Depreciation: -22.407
Depreciated Cost of Improvements: 67,219
Site Improvements "as is": 5,000
Estimated Site Value: 20.000
Indicated Value by Cost Approach: $92,219
Rounded to: $92,000
SALES COMPARISON APPROACH
In arriving at this conclusion of the value of the
subject property, the appraiser made a survey of properties
that have sold in the area of the subject property.
Consideration was given and adjustments were made on each
comparable sale as to time of sale, size, location, as well as
all other factors that might affect value. A resume of some
of the sales considered by the appraiser is as follows:
CALK N0. l
Location:
Date of Sale:
Sale Price:
Size:
Unit Price:
SALE N0. 2
Location:
Date of Sale:
Sale Price:
Size:
Unit Price:
SALE N0. 3
Location:
Date of Sale:
Sale Price:
Size:
Unit Price:
4 Midland Road, Newville.
February 24, 2000.
$98,000
1,169 sq. ft.
$83.83 per sq. ft.
170 Bloserville Road, Newville.
April 6, 1999.
$100,300
1,134 sq. ft.
$88.45 per sq. ft.
651 Grahams Woods Road, Newville.
February 12, 1999.
$87,500
1,008 sq. ft.
$86.81 per sq. ft.
The appraiser, in addition to the sales listed, also
considered several additional sales in arriving at his final
opinion of value. After making all of the necessary
adjustments, it is the appraisers considered opinion that the
indicated value of the subject property by the Sales
Comparison Approach is $90,000.
8
CORRELATION
Correlation may be defined as "the bringing together of
parts in a proper relationship." The parts of this appraisal
report are the following approaches to value your appraiser
used.:
Value Indicated by Cost Approach $92,000
Value Indicated by Sales Comparison Approach $90,000
These approaches are representative of the market value
of. the subject property. I have carefully reexamined each
step in each method, and I believe the conclusions accurately
reflect the attitude of typical purchasers of this type
property in this neighborhood. It is my belief that this
reexamination has confirmed the original conclusions.
The Cost Approach will result in an excellent estimate if
all elements are figured accurately, because no prudent person
will pay more for a property than the cost to produce a
substitute property with equal desirability and utility.
Purchasers of the type of dwelling typical of the subject
property are more concerned with amenities than with
hypothetical replacement of the property. The value of the
cost approach is not disregarded, but given less weight
because more errors in judgement can be made in this approach.
The Sales Comparison Approach was eased on several recent
sales of properties similar to that of the subject, all of
which are located in the same general area. The adjusted
sales prices are most consistent under comparison. This
approach is the most reliable because it reflects the
reactions of typical buyers and sellers in the market.
Therefore, as a result of this appraisal and analysis, it
is this appraiser's considered judgement and opinion that the
Market Value of the subject property, as of June 27, 2000, is:
NINETY THOUSAND DOLLARS
$90,000
9
UNDERLYING ASSUMPTIONS AND LIMITING
CONDITIONS SUBJECT TO THIS APPRAISAL
1. 1 assume no responsibility for matters legal in nature,
nor do I render any opinion as to the title, which is assumed
to be marketable. The property is appraised as though under
responsible ownership.
The legal description used herein is correct.
3. I have made no survey of the property, and the boundaries
are taken from records believed to be reliable.
4. I assume that there are no hidden or unapparent conditions
of the property, subsoil or structures which would render it
more or less valuable. I assume no responsibility for such
conditions or for engineering which might be required to
discover such factors.
5. The information, estimates, and opinions furnished to me
and contained in this report were obtained from sources
considered reliable and believed to be true and correct.
However, no responsibility for accuracy can be assumed by me.
6. This report is to be used in its entirety and only for the
purpose for which it was rendered.
7. Neither all nor any part of the contents of this report
(especially any conclusions as to value, the identity of the
appraiser or the firm with which he is connected) shall be
reproduced, published, or disseminated to the public through
advertising media, public relations media, news media, sales
media, or any other public means of communication, without the
prior written consent and approval of the appraiser.
8. This appraisal was prepared for the exclusive use of the
client identified on page five of this appraisal report. The
information and opinions contained in this appraisal set forth
the appraiser's best judgement in light of the information
available at the time of the preparation of this report. Any
use of this appraisal by any other person or entity, or any
reliance or decisions based on this appraisal are the sole
responsibility and at the sole risk of the third party. The
appraiser accepts no responsibility for damages suffered by
any third party as a result of reliance on or decisions made
or actions taken based on this report.
10
CERTIFICATE of APPRAISAL
Your appraiser hereby certifies that:
1. The statements of fact contained in this report are true
and correct.
2. The reported analyses, opinions, and conclusions are
limited only by the reported assumptions and limiting
conditions, and are my personal, impartial, and unbiased
professional analyses, opinions, and conclusions.
3. I have no present or prospective interest in the property
that is the subject of this report, and no personal interest
with respect to the parties involved.
4. I have no bias with respect to the property that is the
subject of this report or to the parties involved with this
assignment.
5. My engagement in this assignment was not contingent upon
developing or reporting predetermined results.
6. My compensation for completing this assignment is not
contingent upon the development or reporting of a
predetermined value or direction in value that favors the.
cause of the client, the amount- of the value opinion, the
attainment of a stipulated result, or the occurrence of a
subsequent event directly related to the intended use of this
appraisal.
7. To the best of my knowledge and belief, the statements of
fact contained in this appraisal report, upon which the
analyses, opinions, and conclusions expressed herein are
based, are true and correct.
8. This appraisal report sets forth all of the limiting
conditions (imposed by the terms of my assignment or by the
undersigned) affecting the analyses, opinions, and conclusions
contained in this report.
9. This appraisal report has been made in conformity with the
Uniform Standards of Professional Appraisal Practice adopted
by the Appraisal Standards Board of the Appraisal Foundation,
and is subject to the requirements of the Code of Professional
Ethics and Standards of Professional Conduct of the National
Association of Real Estate Appraisers.
11
10. No one other than the undersigned prepared the analyses,
conclusions, and opinions concerning real estate that are set
forth in this appraisal report.
Lar r -Foot
Certified General Appraiser
GA-000014-L
12
SALES COMPARISON ANALYSIS
Itlat
,nosekel raenlreadcabs e1 S Of are IT $I pmdpr ptogmale to suplpcl ;uW have hope Consopretl m the madel analyss The tlesa, Ape ,q1
gn l0 Hose e ROM S of spndcanl varalgn betvn:un IN 6uppcl and compa,apq poperlgs II a spm
eupecl a otu 1 l lcanl ton, in Ilq comparap!p proany IIO S
man, 1M wppcl pepertY• a mows 1-I aEluNponl 15 MdO. thus redMin, the ncl.mm value d suplecl. ,1 a spndcanl item m the cgnpprapb is n prgr q,ba lo
atlrvalment ss I la,O,ft"O law
uq ptopany. 1a matle, mus Inc,emrtq Ilq h,dcaletl wliq m Itq supgcl s to r
We
REM SUBJECT COMPARABLE NO I
or Financing
Nldee blal i SOTS I bal , eU- ,, s , ear I?
Count 4 2 5; 3 1 2 (4,
livi Area 1 r 004
1,169 S9. Ftent a Finished
Below m,T s, Patio,
etc.
Energy
t hems
;e(s)
:.g. kitchen
Irldicated Valle
of Subject
Comments on Market
for
I MIms, Balls I
Patio, stor.
+ I YI_
• I-1S Adsslm f
U S FORMS INC. 2 CENTRAL SO GRAFTON. MA 01519'0445 1 AOO 2250599. 1q 90 .4,, 7
+ 1 1_
(2,000)0
PHOTOGRAPHS OF THE SUBJECP PROPERTY
Department of the Treasury - Internal Revenue Service
Form 1040 U S
Individual Income Tax Ret
1999
.
.
urn (99) IRS use Only-Do not wrilo at stap9nn th"li ca.
Label ForlheyorJan l-0Doc 31.1999. or other tax year beginning 1999. ending OMB Na 1545-0074
(See Your first name and initial Last name Your social sscurlty number
Instructions) A KENNETH 200 I24I 0992
8 If a joint Tatum, spouse's first name 8 initial Last name Bpouae'a ,octal ";Ii ft no.
Use the IRS L 196 30 2417
label.
Otherwise
E Home address (number and street). If you have a P,O. box, see instructions. Apt. no. . IMPORTANTI e
,
please print R 105 DOUBLING GAP ROAD
You must enter
or type. E City, town or post office, state, and ZIP code. If you have a foreign address, see instructions. your SSN(s) above.
Presidential NEWVILLE, PA 17241 Yss No Note:cna
kin
g
Election Campaign 111. Do you want $3 to go to this fund?.... 0
y not
See instructions If a oint return, does ourspouse want $3 to o to this fund? ......................
' change
reduce your far und.
1
Filing Status 2 filing joint return (even if only one had 'income)
3 filing separate return. Enter spouse's SSN above 8 lull name here. ?
F
Check only 4 household (with qualifying person). (See inst.) If the qualifying person is a child but not your dependent,
one box. en
s child's name here.?
Exemptions
If more than six
dependents,
see instructions.
If your parent (or someone else) can claim you as a dependent on his or her tax
Tatum, do not check box 6a ........................................
b $ use .....................................
Dependents:
1 First name Last name (2) Dependent's
social security number (3)Dependent's
relationship to
you I(4)nu
erlll?l
( aee 9dliui_
ixenol,i
,nal.
No. of boxes
chocked on 2
8a and Be No. of your
an itdran on 8S
who:
e lived with you
e did not five with
you due to divorce
a,$operation
sea 'ml.)
Dependents on so
not entered above
7 Wages, salaries, tips, etc. Attach Form(ss-2 .................................. 7
Income 88 Taxable interest. Attach Schedule B i(required ................................. 100 80
Attach b Tax-exempt Interest. DO NOT include on line 8a........ 8b
Copy B of your 9 Ordinary dividends. Attach Schedule 8 if required ...............................
1316
66
Forms W-2 and 10 Taxable refunds, credits, or offsets of state and local Income taxes (see instructions) .... C
W2G here. 11 Alimony received ........................................................ Also attach
Form(s) 1099•R 12 Business income or (loss). Attach Schedule C or C-FS ........................... 816 00
M tax was 13 Capital gain or (loss). Attach Schedule O if required. II not required, check here ? .. ?( 5292 133
withheld. 14 Other gains or (losses). Attach Form 4797 ..................................... 14
15a Total IRA distributions...
If you did not
15a
b Taxable amount (see inst.)..
15b
get a W-2, 16a Total pensions and annuities . 68 b Taxable amount (see inst.).. 116b l 22908 100
see instructions. 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E.. 17
but do 18 Farm income or (loss). Attach Schedule F ....................................
Enclose
18
18
,
not staple, any 19 Unemployment compensation .............................................
19
19
payment. Also, 20a Social security benefits.. I20a I 1 910 I O 0 I b Taxable amount (see inst.).. 20b
please use 21 Other income. List type 8 amount (see instructions) 21
Form 1040-11. 22 Add amounts in the far right column for lines 7 through 21. This is vour total Income.. ? 22 35704 04'
23 IRA deduction (see instructions) ..................... 23
Adjusted 24 Student loan interest deduction (see instructions) ....... 24
Gross 25 Medical savings account deduction. Attach Fonn 8853 ... 25
Income 26 Moving expenses. Attach Form 3903 ................. 26
27 One-half of self-employment tax. Attach Schedule SE .... 27 7 65
28 Self-employed health insurance deduction (see inst.) ... 28
29 Keogh and self-employed SEP and SIMPLE plans ...... 29
30 Penalty on early withdrawal of savings ................ 30
31a Alimony paid b Recipient's SSN? I I 31a
32 Add lines 23 through 31a ............................ ..... .............. ... 32 7 §5
33 Subtract line 32 from line 22. This is vour adiusted areas Inc ome ? 33 Z S Ad F 20
For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see instructions. Official Edition Form 1040 (1999)
CAA 9 10401 O NTF 22878 GLD 4429
ORIGINAL
e- 4 nrsmm au......+..,. VVKTKfVM" o e c. I Orin nA _neeo.,_ _n
d 34 Amount from line 33 (adjusted gross Income) ...
.
..............................
T
T 34
..
eX
an
x an 35a Chock if: I9 You were 65 or older, Blind; Souse was 65 or older, 0 Blind. 1
P
a
Credits
Add the number of boxes checked above and enter the total here ........... ? 358
bit you are married filing separately and your spouse itemizes deductions or
Standard you were a dual-status alien, see instructions and check here......... ? 35b D
Deduction 36 Enter your Itemized deductions from Schedule A, line 28, OR standard deduction
for Most shown on the left. But see instructions to find your standard deduction if you checked
People any box on line 35a or 35b or it someone can claim you as a dependent ................. 36
Ancin
D111-
Single: 37 Subtract line 36 from line 34 .................................................... 37 27596 39
$4,300 38 If line 34 is $94,975 or less, mu:tiply $2,750 by the total number of exemptions claimed on
Head of
h
d line 6d. If line 34 is over $94,975, see the worksheet in the instructions for the amount to enter 38 5500 00
ousehol
:
$6,350
39 Taxable Income. Subtract line 38 from fine 37. If line 3a is more than line 37, enter -0 - ......
39
2 2096
3 9
'
Married filing 40 Tax (see inst.). Check if any tax is from a 0 Form(s) 8814 b 0 Form 4972 ........ ? 40 3053 23
jointly or 41 Credit for child 8 dependent care expenses. Attach Form 2441 41
Qualifying
widow(er): 42 Credit for the elderly or the disabled. Attach Schedule R ...... 42
$7,200 43 Child tax credit (see instructions) ........................ 43
Married 44 Education credits. Attach Form 8863 ..................... 44
filing
se
aratel
: 45 Adoption credit. Attach Form 8839 ....................... 45
p
y
$3,600 46 Foreign tax credit. Attach Form 1116 if required ............. 46
47 Other. Check if from 8 Form 3800 b Q Form 8396
C Q Form 6801 d 8 Form (specify) 47
48 Add lines 41 through 47. These are your total credits ......... ..... .............. .... 48
49 Subtract line 48 from line 40. If line 48 is more than line 40, enter -0 ................... ? 49 3053 27
50 Self-employment tax. Attach Schedule SE .................... ......
............... 50 115 30
Other
51 Alternative minimum tax. Attach Form 6251 ........................................ 51
Taxes
52 Social security and Medicare tax on tip income not reported to employer. Attach Form 4137... 52
53 Tax on IRAs, other retirement plans, and MSAs. Attach Form 5329 if required .............. 53
54 Advance earned income credit payments from Fomm(s) W-2 ........................... 54
55 Household employment taxes. Attach Schedule H ................................... 55
56 Add lines 49 through 55. This is your total tax .................................... ? 56 3168 5 3
57 Federal income tax withheld from Forms W-2 and 1099 ...... 57 18 36 00
Payments
58 1999 estimated tax payments 8 amount applied from 1998 return 58 5 34 09
59a Earned Income credit. Aaach ech.EIC it you h aye a qualifying thud
b Nontaxable earned Income: amount... 0- 1 1
1
and type No 598
60 Additional child tax credit. Attach Form 8812 ............... 60 ?
61 Amount paid with request for extension to file (see instructions) 61
62 Excess social security and RRTA tax withheld (see instructions) 62
63 Other payments. Check if from a 0 Form 2439 b o Form 4136 63
64 Add fines 57, 58, 59a, and 60 through 63. These are our total a menl a ............. . ? 64 2370 09
65 If line 64 is more than line 56, subtract line 56 from line 64. This is the amount you OVERPAID 65
Refund
66a Amount of line 65 you want REFUNDED TO YOU ................................. ? 66a
Have it
directly
deposited, ? bRouting number ?CT e: Checkin Savings
See inst. ? dAccounl number
and fill in 66b,
66c, and 66d. 67 Amt. of line 65 you want APPLIED TO YOUR 2000 EST. TAX ? 671 1
M10Ynt 68 If fine 56 is more than line 64, subtract line 64 from line 56. This is the AMOUNT YOU OWE.
Amount
For details on how to pay, see instructions ....................................... ? 68 798 44
YOU
Owe '
69 Estimated tax-penalty. Also include on line 68 ......... . .... 69 ' `? •? ? r' . "
Sign
e Under penalties of pe%u I declare that I have examined this return and accompanying schedules and statements, and to the best
Declaration of preparer (other than taxpayer) is based on all
of my knowledge and ballet
the
and complete
are true
correct
H
re .
,
y
,
,
Information of which preparer has any knowledge. Daytime telephone
Joint return?
See inet Your si
. a,,???, r - - i - Date Your occupation
. number (optional)
ac
K I ?i. Retired
eep
opy
for your ' 6pdua a,tsre. p aldim relum. pbTH ..at sign.
I Date
I Spouse's occupallon + b yG ° y
records.
Housewife
Preparees
1 Date
1 Check if Preparer's SSN or PTIN
Paid signature
4-7-00
sell-em to ed
P00155677
Preparer's Firm•sname( you Reneker's Bookkeeping S Tax Service EIN
Use Only )and' 1509 Terrace Ave. zlPcode 17013
address
address
CAA 9 1040 20 NTF 22877 GILD Official Edition Form 1040 (1999)
ORIGINAL
Name(s) shown on Form 1040. Do nol ml a, name and social sscurtly number it shown on din or aide.
KENNETH B. S ELLEN L. LEHMAN
Part I 1
Interest
(Seethe
instructions for
Form 1040. line 8a.)
Nola: If you
received a Form
10994NT, Form
1099-0ID, or
substitute
statement from
a brokerage firm,
list the firm's
name as the
payer and enter
the total interest
shown on that
form.
Part II
Ordinary
Dividends
(Seethe
Instructions for
Form 1040, line 9.)
Note: It you
received a Form
1099-0IV or
substitute
statement from
a brokerage
fine, list the
firm's name as
the payer and
enter the ordinary
dividends shown
on that form.
Your social security no.
200-24-0992
Ust name of payer. If any interest is from a selleMinanced mortgage and the buyer used
the property as a personal residence, see Instructions and list this interest first. Also, show
that buyer's social security number and address ?
Add the amounts on line l ...................................................
Excludable interest on series EE or I U.S. savings bonds issued after 1989 from Form 8815,
fine 14. You MUST attach Form 8815 ..........................................
it you had over $400 in ordinary dividends, you must also complete Pan III.
Ust name of payer. Include only ordinary dividends. If you received any capital gain
distributions, see the instructions for Form 1040, line 13. ?
6 Add the amounts on line 5. Enter the total here and on Porm 1040, line 9 ............. ? 6 1316.66
You must complete this part it you (a) had over $400 of interest or ordinary dividends; (b) had a foreign account; or Yes No
Part III (c) received a distribution from, or were a grantor of, or a transferor to, a foreign trust.
Foreign 78 At any time during 1999, did you have an interest in or a signature or other authority over a financial account
Accounts in a foreign country, such as a bank account, securities account, or other financial account? See instructions
and Trusts for exceptions and filing requirements for Form TD F 90-22.1 .................... `X
..................
(See b It 'Yes," enter the name of the foreign country 1110
instructions.) 6 During 1999, did you receive a distribution from, or were you the grantor of, or transferor to, a foreign trust?
If 'Yes,' you may have to file Form 3520. See instructions .........................................
For Paperwork Reduction Act Notice, see Form 1040 Instructions. Schedule B (Form 1040) 1999
CAA 9 AB120 NTF 22638 GLD 2828
Sooen Gold
Delaware Delchester
SCHEDULE C-EZ Net Profit From Business
(Form 1040) (Stile Proprietorship)
? Partnerships, joint ventures, etc., must file Form 1065 or 10654L
Oapulmenl of Ina Teaanr
Inlamal Revenue sarvms x991 No Attach to Form 1040 or Form 1041. 1, See Instructions ogpage_
Name of proprietor
QMB No. 1545-0074
1999
Attachment
Social security
R f General Information
You May Use
Schedule C•EZ
Instead of
Schedule C
Only If You:
• Had business expenses of $2,500 or
less.
• Use the cash method of accounting.
• Did not have an inventory at any
time during the year.
• Did not have a net loss from your
business.
• Had only one business as a sole
proprietor.
And You:
• Had no employees during the year.
• Are not required to file Form 4562,
Depreciation and Amortization, for
this business. See the Instructions
for Schedule C, fine 13, to end out
if you must file.
• Do not deduct expenses for
business use of your home.
• Do not have prior year unallowed
passive activity losses from this
A Principal business or profession, Including product or service 15 Enter code from pages
C Business name. If no separate business name, leave blank. I D Employer ID no. (SIN), If any
T..$,m.n r c nrn a man 4-.a1 Trnn Wn rlcc
E Business address (including suite or room no.). Address not required if same as on Forth 1040, page 1.
105 Doubling Gap Road
City, town or post office, state, and ZIP code
Newville PA 17241
Figure Your Net Profit
Grote receipts. Caution: If this income was reported to you on Form W-2 and the "Statutory employee'
bax on that form was checked, see Statutory Employees in the instructions for Schedule C, line 1,
and check here .................................................................. ? 13
2 Total expenses. If more than $2,500, you must use Schedule C. See instructions .....................
3 Net profit. Subtract line 2 from line 1. If less than Zero, you must use Schedule C. Enter on Form 1040,
line 12, and ALSO on Schedule BE, line 2. (Statutory employees do not report this amount on Schedule BE, 816.00
Information on Your Vehicle. Complete this part ONLY if you are claiming car or truck expenses on line 2.
4 When did you place your vehicle in service for business purposes? (month, day, year) ?
5 Of the total number of miles you drove your vehicle during 1999, enter the number of miles you used your vehicle for.
a Business b Commuting O Other
6 Do you (or your spouse) have another vehicle available for personal use? .................................... 0 Yee 0 No
7 Was your vehicle available for use during of-duty hours? ................................................. 0 Yes 0 No
8a Do you have evidence to support your deduction? ...................................................... 0 Yes 0 No
No
It If "Yes,* is the evidence written? ..Is the evidence written? .. . . . . . . . . . ..................Yes No
For Paperwork Reduction Act Notice, see Form 1040 Instructions. Schedule C-EZ (Form 1040) 1090
CAA 9 CEZ7 NTF 22640 OLD 2808
SCHEDULE E
(Form 1040)
Department of the TN
Supplemental Income and Loss
(From rental real estate, royalties, partnerships,
S corporations, estates, trusts, REMICs, etc.)
Name(s) shown on return I Your social security no.
?DTTATT:TT] U G RTJT rhl T.. T.T2TWBIJ 200-24-0992
Income or
Note: Report income and expenses from your business
renting personal property on Schedule C or C-EZ (see trial). Report farm rental income or loss from Form 4835 on page 2. line 39.
1 Show the kind and location of each rental real estate property: 2 For each rental real estate Yes No
on 1,
m • 1 T r - l Steel stown Road property listed line did
1..1 - you or your family use it t during
NLwville the tax year for personal pur- A _X
Y'ra; 1 Pr T.nr - 115 S 1 s .own Road poses for more than greater of:
• 14 days, or B X
Newville • 10% of the total days rented
T a i l Pr o - 117 S i s own Road at fair rental value?
• _ _ (See instructions.) C V
GL02654 Pro e
Income: A B
3 Rents received .................... 3 2100.00 2100.
5 Advertising .......................
6 Auto and travel (see instructions) ......
7 Cleaning and maintenance ...........
8 Commissions ......................
9 Insurance ........................
10 Legal and other professional fees ......
11 Management fees ................. .
12 Mortgage interest paid to banks, etc.
(see instructions) ...................
13 Other interest ......................
14 Repairs ..........................
15 Supplies .........................
16 Taxes ...........................
17 utilities ...........................
18 Other (list)
- 18
19 Add lines 5 through 16 .............. 19 598.25 598.25 598.25
20 Depreciation expense or depletion
(see instructions) ...................
20
21 Total expenses. Add lines 19 and20.... 21 598.25 598.25 598.25
22 Income or (loss) from rental real estate
or royalty properties. Subtract line 21
from line 3 (rents) or line 4 (royalties). If
the result is a (loss), see instructions to
501.75
501.75
501.75
find out if you must file Form 6198 .....
23 Deductible rental real estate loss.
Caution: Your rental real estate loss on
line 22 may be limited. See instructions
to find out if you must file Form 8562.
Real estate professionals must complete
Una 42 on page 2 .................. 23
24 Income. Add positive amounts shown on line 22. Do not include any losses ............................
25 Losses. Add royalty losses from line 22 and rental real estate losses from line 23. Enter total losses here .......
26 Total rental real estate and royalty income or (loss). Combine lines 24 and 25. Enter the result here. II Parts II, III,
IV, and line 39 on page 2 do not apply to you, also enter this amount on Form 1040, line 17. Otherwise, include
--_.._.._ __.:--en.. 2 ................
12
24
columns A, B. and
4505.25
n page ....................................
see Form 1040 inst. CAA 9 E12 NTF 22731A
SCHEDULE SE
(Form 1040)
Self-Employment Tax
?
Might lea TreeeurY See Instructions for Schedule SE (Form 1040). I 1999
Revenue SON." 00 Attach IO Form 1040 Attachment
Sequence NO
of person with eelfbmployment income (es shown on Form 1040) Social security number of person
Who Must File Schedule SE
You must file Schedule SE If:
• You had net earnings from self-employment from other than church employee income (line 4 of Short Schedule SE or line 4c of Long Schedule
SE) of $400 or more, OR
• You had church employee income of $106.26 or more. Income from services you performed as a minister or a member of a religious order Is
not church employee income. See instructions.
Note: Even if you had a loss or a small amount of income from self-employment, it may be to your benefit to file Schedule SE and use either
'ophonal method' in Part II of Long Schedule SE. See instructions.
Exception. If your only self-employment income was from earnings as a minister, member of a religious order, or Christian Science practitioner and
you filed Form 4361 and received IRS approval not to be taxed on those earnings, do not file Schedule SE. Instead, write'Exempt -Forth 4361"
on Form 1040, line 50.
May I Use Short Schedule SE or MUST I Use Long Schedule SE?
No
DID YOU RECEIVE WAGES OR TIPS IN 1999?
a minister, member of a religious order, or
h Science practitioner who received IRS
I not to be taxed on earnings from these
but you owe self-employment tax on other
No
Are you using one of the optional methods to figure
your net earnings (see instructions)?
No
Did you receive church employee income reported on
Form W-2 of $106.26 or more?
No
USE
SE
Yes
Was the total of your wages and tips subject to social
security or railroad retirement tax plus your net
earnings from self-employment more than $72,6007
NO
No Did you receive tips subject to social security or
Medicare tax that you did not report to your employer?
t-YOU MUST USE LONG SCHEDULE SE ON PAGE 2
Section A - Short Schedule SE. Caution: Read above to see if you can use Short Schedule SE.
Nei farm prone or (loss) from Schedule F. line 36, and farm partnerships, Schedule K-1 (Forth 1065),
line 15a ....... .
.......................................................................
Net profit or (loss) from Schedule C, line 31; Schedule C-U, line 3; Schedule K-1 (Form 1065),
line 15a (other than farming); and Schedule K-1 (Form 10650, box 9. Ministers and members of
religious orders, see instructions for amounts to report on this line. See instructions for other income
to report ...............................................................................
Combine lines l and 2 ....................................................................
Net earnings from self-employment. Multiply line 3 by 92.35% (.9235). If less than $400,do
not file this schedule; you do not owe self-employment tax ..................................... ?
Self-employment tax. If the amount on line 4 is:
• $72,600 or less, multiply line 4 by 15.3% (.153). Enter the result here and on Form 1040,
line 50.
• More than $72,600, multiply line 4 by 2.9% (.029). Then, add $9,002.40 to the result. Enter
the total here and on Form 1040, line 50.
6 Deduction for one-half of self-employment tax. Multiply line 5 by 50% (.5).
Enter the result here and on Form 1040, line 27
...........
For Paperwork Reduction Act Notlee, see Form 10401natruetlona.
CAA 9 SE12 NTF 22735 OLD 2858
115.30
Schedule SE (Form 1040) 1099
PA-40 - 1999 990011D.D41
Pennsylvania Income Tax Return
PA Department of Revenue. Harrisburg, PA 17129.0006
Your Social Security Number Spouse's Social Security Number O Extension. See instructions.
2 0 o L 4 0 9 9 Z l 9 S 30 Z 4 I Z
Last Name
, Amended Return. Fill in this oval if
O you are amending your 1999 PA return.
L E 14 In p, 1J O Fiscal Year Filers, Fill in this oval.
IYour First Name MI ) _ - FY beginning --J -J99 & ending _/_/_
a 1 K E N Ii S T)i g Residency Statue. Fill in only one oval.
y,'Spouse's First Name MI I d ' e' R Resident
u I L G E V L j zi 5 O N Nonresident
q i ) a_ O P Part-Year Resident from
0. ISpouse's Last Name - Only it different from Last Name above J m ; to -J-J99.
x :
>
Type Filer. Fill in only one oval.
First line of address - P.O. Box; Apartment Number; Suite: RR No. - if applicable 0 '- O' S Single
M J Married, Filing Jointly
Second line of address - Street Address O M Married, Filing Separately
/ O S
t7 0 U 6 ? / ni 4
y A P R O R D O F Final Return. Indicate reason:
City or Post Office State ZIP Code O D Deceased. Date of death _J_/99
L L 7 2 `/• 1 Identification Label Change.
School Code Daytime Telephone Number O Fill in this oval If the label you received with this
7 booklet is not completely correct, or if you did not
D
S D 7 /
7 7 (v O
3 3 1
file a 1998 PA tax return. Do not make corrections
S
G on the label - DISCARD IT.
G Name of school district where you lived on 12/31/99. County where you lived on 12131/99. Municipality where you lived on 12131/99.
r-1 Big Spring Cumberland N. Newton Twp.
a a
0
o" Ia. Gross Compensation, from PA Schedule W-213, or your Forms W-2, or other statements......... 1a.
ff
1b. Unreimbursed Employee Business Expenses, from PA Schedule LIE ........................ 1b.
1c. Net Compensation. Subtract Line lb from Line 1a ...................................... 1c.
2. Interest Income. Complete and enclose PA Schedule A. if over $2,500 . ..................... 2.
3. Dividend Income. Complete and enclose PA Schedule B, if over $2,500 . ....... ............. 3.
4. Net Income or Loss from the Operation of Business. Profession, or Farm.
....... LOSS
4.
.......
5. Net Gain or Loss from the Sale, Exchange, or Disposition of Property .......... ....... LOSS 5.
6. Net Income or Loss from Rents, Royalties, Patents, or Copyrights. ............. ....... LOSS 6.
7. Estate or Trust Income. Complete and enclose PA Schedule J . ........................... 7.
8. Gambling and Lottery Winnings .................................................... 8.
9. Total PATaxable Income. Add only the positive income amounts from Lines 1c, 2, 3, 4, 5, 6, 7, and 8. 9
DO NOT ADD any losses reported on Lines 4, 5, or 6 .................................. .
10. Contributions To Your Medical Savings Account. See the instructions. ................... 10.
11. Adjusted PA Taxable Income. Subtract Line 10 from Line 9 .............................. 11.
12. PA Tax Liability. Multiply Line 11 by 2.8% (0.028). Also enter on Line 13, Side 2. .......... 12.
Side 1
EC OFFICIAL USE ONLY FC
L. 9900110041
1 0 1 00
1 3 / '7 o u
S 1 G o c
4505 oO
G7 39 0 0
G7 39 00
/89 00
9900110041 1
PA-40 - 1999 9900220048
Social Security Number
Zoo Z (? 9 9 2. OFFICIAL USE ONLI
Your Name: KPnnPt,h R. r Ell le n L. Lehman
13. PA Tax Liability. Enter your tax liability from Line 12 on Side 1 ............................ 13. 8 9 Q a
14. Total PA Tax Withheld, from PA Schedule W-2S, or your Forms W-2, or other statements........ 14.
15. Credit from your 1998 PA Income Tax Return . ........................................ 15.
16. 1999 Estimated Installment Payments ............................................... 16.
17. 1999 Extension Payment . ....................................................... 17.
18. Nonresident Tax Withheld on your PA Schedule(s) NRK-1 ................................ 18.
19. Total Estimated Payments and Credits. Add Lines 15, 16. 17, and 18 ..................... 19
Tax Forgiveness Credit. Complete lines 20a, 20b, 21, and 22. Read instructions.
20a. Filing Status: O Unmarried or M Married O Deceased 20b Dependents, Pad B, Line 2 PA Schedule SP. p Q
Separated
21. Total Eligibility Income from Part C, Line 11, PA Schedule SP..... 6739 00
22. Tax Forgiveness Credit from Pan D, Line 16, PA Schedule SP . ........................... 22.
23. Total Credit for Taxes Paid to Other States or Countries. Enclose your PA Schedule G or RK-1.... 23.
24. PA Employment Incentive Payments Credit. Enclose your PA Schedule W, RK-1 or NRK-1....... 24.
25. PA Jobs Creation Tax Credit, from enclosed certificate or PA Schedule RK-1 or NRK-1.......... 25
/89 o a
'S 26. PA Waste Tire Recycling Investment Tax Credit, from enclosed certificate or PA Schedule RK-1 or NRK-1.... 26.
C3
C3
ru 27. PA Research and Development Tax Credit, from endosed certificate or PA Schedule RK-1 or NRK-1. .... 27.
C3
C3 28. TOTAL PAYMENTS and CREDITS. Add Lines 14, 19, and 22 through 27 .................... 28. )89 '90
11-
29. TAX DUE. If Line 13 Is more than Line 28, enter the difference here ............... ......... 29. Q 00
30. OVERPAYMENT. If Line 28 is more than Line 13, enter the difference here . ........ ......... 30. a p O
31. Refund - Amount of Lino 30 you want as a check mailed to you .................. Refund 31.
32. Credit -- Amount of Line 30 you want as a credit to your 2000 estimated tax account........ ... 32.
33. Donation -- Amount of Line 30 you want to donate to the Wild Resource Conservation
Fund . ................................................................... 33.
...
34. Donation - Amount of Line 30 you want to donate to the United States Olympic
Committee, PA Division ..................................................... 34.
...
35. Donation -- Amount of Line 30 you want to donate to the Organ Donor Awareness Trust
Fund . ................................................................... 35.
...
38. Donation -- Amount of Line 30 you want to donate to the Korea/Vietnam Memorial Inc. ..... .. 36.
37. Donation •- Amount of Line 30 you want to donate to the Breast and Cervical Cancer
Fund . .................................................................... 37
..
The total of Lines 31 through 37 must eaual Line 30.
S Signature. if filing join f ,
or Company Name, otherthan xpayer(s)
L 9900220048 p S DO tjoT CALL ABOUT YOUR REFUND UNTIL 8 WEEKS AFTER YOU FILE.
Side 2
fired
ccupation
eewife
umber
) 243-8489
9900220048
PA•40-c.t9971 9703110040
19?
? COMMONWEALTH OF PENNSYLVANIA
Attach to form Profit or Loss From Business or Profession SCHEDULE C
PA-40, PA-65 or PA-41 (SOLE PROPRIETORSHIP) PA DEPARTMENT OF REVENUE
Name of Proprietor as shown on PA tax return. Social Security Number z Q p 2 Lf 0 q 9 Z
Kenneth B. Lehman ofPropdelor
A Main business activity ? Fabricate S Install Railin iSductorservice?
B Business Name? Lehman's Ornamental Iron Works C Taxpayer Identification Number
D Business address (number and street) _d-0 -_DOHI•l-ing--8ap•-Road ---------- Cx
City, Slate and ZIP Codes, , ,
E Method(s) used to value closing inventory, fill-in the appropriate oval:
(1) O Cost (2) O Lower of cost or market (3) O Other (if other, attach explanation) /?
V
F Accounting method, fill-in the appropriate oval: 1) M Cash (2) G Accrual (3) O Other (specify) Is -------------------- Ye s No
G Was there any change in determining quantities, costs or valuations between opening and closing inventory? -------------------
If "Yes" attach explanation.
H Did you deduct expenses for an office in your home?
X
PART I Income
1 a Gross receipts or sales 1 8 0
b Returns and allowances lb
c Balance (subtract line to from line 1a) 1c 1180 00
2 Cost of goods sold and/or operations (Schedule C-1, line 8) ... 2
3 Gross profit (subtract line 2 from line tc) 3 1180 00
4 Other Income (attach schedule) Include interest from accounts receivable, business checking accounts,
d
h
Al
l
l
b
i
d 4
an
ot
ness accounts.
so inc
er
us
u
e sa
es of operational assets. See Instructions Booklets.
5 Total income (add lines 3 and 4) ?
PART If Deductions
5
1180
00
1 6 Advertising
1 7 Amortization
1
8 Bad debts front sales or services
1 9 Bank charges 31 Wages _________________________
• 10 Car and truck expenses 32 Other expenses (specify):
11 Commissions a
12 Depletion b
-------
13 Depreciation (explain in Schedule C-2) ----------------
C
14 Dues and publications d
15 Employee benefit programs other than on Line 22 -----------------------
a
16 Freight (not included on Schedule C-1) -------------
f
17 Insurance _ 9
18 Interest on business indebtedness h
19 Laundry and cleaning
20 Legal and professional services 10 00
21 Office supplies k
22 Pension and profit-sharing plans for employees -----------
)
23 Postage . m
24 Rent on business property n
25 Repairs 0
26 Supplies (not included on Schedule C-1) 354 00 P
27 Taxes -----------------------
q
28 Telephone -----------------------
r
29 Travel and entertainment Red" expenses by the load bas neass crack
l
f
33
30 Utilities or examp
e,
its claimed an the PA tax return,
Lines 22 through 25 on the PA-40
34 Total deductions (add amounts in columns for Lines 6 through 320 and deduct Line 33. ? 34 364 00
35 Net profit or loss (subtract Line 34 from Line 5). Enter total here and on the appropriate line of PA tax return . Loss
If a net loss is shown. fill-in the oval and enter on the appropriate line of the PA lax return. O 35
c
c
c
r
In
c
IF
G
9703110040 9703110040
'PA SCHEDULE E 9901410044
Rents, Royalties, Patents, or Copyrights
PA-40 E (09.99)
Name(s) as shown on your PA tax return: Social Security Number:
Kenneth H & Ellen L Lehman 200 29 0992
Read the Instructions. If you need more space, you may make photocopies of this schedule or make your own schedules in this format Report the
net income and expenses for the use of your personal property by others. Also report the income you received for the extraction of oil, gas and other
minerals from your property and the use of your patents and copyrights. Use this PA Schedule E unless you are in the business of renting property,
extractinc minerals. or producing products from your patents and copyrights.
Describe source of royalty, patent, or copyright income.
A Trailer Lot,-.113..5>itig,]StQW4..Rd,..N£5fvi11e...
................. c Trailer Lot - 117
Rd Nawrille
s ..... rader,.Lctt..-..115..SteeLsxavn.8d,._UewviLle• p
PART B. Enter the corresponding initial of the property fr
Gross Receipts om Pan A, and fill in t
C =DH OW =J he appropriate oval.
ON E 5W iJ H = husband. W = wife
ON OW >•J . J =)oin(o ownership.
t=H OW CJ
................. 1.
R
nts
1 ginn nn
..................
e
.
................ 2.
lties
2
R
................
oya
.
............... 3.
t
P
t
3
s ..................
en
.
a
.............. 4.
i
hts
4
C
.................
opyr
g
.
5. Total receipts. Add Lines 1 through 4. ........ 5. 2100 00 2100 00
PART C. Expenses: Itemize expenses being claimed.
6. Advertising ..................... .......... 6.
7. Automobile and travel ............ .......... 7.
8. Cleaning and maintenance ......... .......... 8.
S 9. Commissions ................... .......... 9.
Cl 10. Depreciation expense ............. .......... 10.
ri if. Insurance ...................... .......... 11.
S
ri
12.
Legal and professional fees ........
.......... 12.
0
a.. 13.
.. .. .... .......
Management fees
..... .....1 .
Ir 14. Mortgage interest paid to banks ..... .......... 14.
15. Other interest ................... .......... 15.
16. Repairs ....................... .......... 16.
17. Supplies ...................... .......... 17.
18. Taxes ........................... ........... 18.
19. Utilities ........................ .......... 19.
20. Other (itemize):
20.
21. Total Expenses. Add Lines 6 through 20....... 21. 98 1251 598 1991 1
PART D. Net Income or Loss from Rents, Royalties, Patents, or Copyrights.
22. Net Income or Loss. Subtract Line 21 from Line 5.
If a loss, fill In the oval ............. ... 22. ` s 1501 75 1501 from Line 22 for 150 each 1 75
23. Total Net Rent, Royalty, Patent, or Copyright Income or Loss. Add the net income or loss from L property.
If married, spouses may not offset each other's income and losses. Heap me rN•4u nounw,„„?
. ...... ....... Loss 23
Enter here and on your PA tax return. If a net loss, please fill in the oval.... . . . p
4505
25
PART E. Depreciation Expense:
Classification of property and the
ove.
Date
acquired
Cost or
other basis Depreciation
allowed in prior
years Method of
computing
depreciation Life or
rate Depreciation
expense
this year
U 7
) ?
J
1 9901410044 9901410044
I
SP 9901120049
Credit
Name as shown on your FA tax return: I Social Security Number:
9nn -nA oAnno
Name (even if filing separately):
v UNIVIAHMleu. Pin in ml5 oval ano me unmarnea or beparated oval on PA-40, Line 20a. Also fill in the appropriate oval below that describes your situation.
O Single. Unmarried on December 31, 1999. Fill in this oval if divorced.
O Single and claimed as a dependent on my parents' PA Schedule SP. Enter your parents' Social Security Numbers and names.
SSN: _ Name:
SSN: _ Name:
O SEPARATED. Fill in this oval and the Unmarred or Separated oval on PA40. Line 20a if you are separated pursuant to a wriften agreement, or
married, but separated and living apart for the last six months of 1999.
O DECEASED. Fill in this oval if filing for a decedent. Also, fill in the Deceased oval on Line 20a of your PA-40.
MARRIED. Fill In this oval and the Married oval on PA-40, Line 20a. Also 1111 In the appropriate oval below that describes your situation.
Married and claiming Tax Forgiveness together with my spouse.
O Married and filing separate PA lax returns. Enter spouse's Social Security Number and name above.
O Married with a spouse who is a dependent on his or her parents' PA Schedule SP. Enter spouse's parents' Social Security Numbers and names.
SSN: _ Name:
SSN: _ Name:
O Married with a spouse who is a dependent on the Federal Income Tax return of another person. Enter the Social Security Number and name of
the person claiming your spouse,
SSN: _ Name:
O Separated and living apart from my spouse, but for less than six months of 1999. Enter spouse's Social Security Number and name above.
Part B. Dependent Children. Provide all the Information for each dependent child. Attach additional sheets If needed.
1. Dependent's Name Age Relationship Social Security Number Total income
Important: Only c181m a
a- child that you claim as
s - your dependent on your
G - - Federal Income Tax return.
0
fL
,?.1 2. Number of dependents for PA Schedule SP. Enter on PA40, Line 20b . ....... .
................................. 2•
v' Part C. Eligibility Income. If filing as Unmarried, Separated, or for a Decedent, use the Your Income column.
vim'
or If filing as Married, use the Your Income and Spouse Income columns. Add the totals and use the JOINT Income total
1. PA Taxable Income from your PA-40 . .................. 1
Report Income that is not taxable for PA purposes on Lines 2 through
2. Nontaxable interest, dividends, and gains .............. .. 2.
3. Alimony ....................................... .. 3.
4. Insurance proceeds and Inheritances ................. .. 4.
5. Gifts, awards, and prizes . ......................... .. 5.
6. Nonresident Income ............................... . 6.
7. Nontaxable military income. Do Not Include Combat Pay. .. . 7.
8. Nontaxable Gain from the sale of a residence. .......... . 8.
9. Nontaxable educational assistance . .................. . 9.
Your Income Spouse Income
672 00 1067 00
10. Cash receipts, for personal purposes, from outside your home. 10.
11. Total Eligibility Income. Add Lines 1 through 10. Total Total
Enter on PA40,Une21 ............................. 11. 5672 00 1067 01
Part D. Calculating Your Tax Forgiveness.
If filing as
Unmarried or
Separated or
for a Decedent,
use Eligibility
Income Table 1.
If filing u
Married use
Eligibility
Income Table 2.
Joint Income
12. PA Tax Uability from your PA-40, Line 13 ......................................................... 12.
13. Less Resident Credit from your PA-40, Line 23 . ................................................... 13.
14. Net PA Tax Liability. Subtract Une 13 from Une 12 .................................................. 14. 189 0
15. Percentage of Tax Forgiveness using your dependents from Part S, Une 2 and your EfigiblTity Income from Part C, Line 11. 1 . 0O Enter the decimal.
16. Tax Forgiveness Credit. Multiply Line 14 by the decimal on Line 15. Enter on PA-40, Line 22 ................ 16. 8-9-TO 0
1 9901120049 9901120049 J
'
0 T I n1 011111, 11"" 11
CAPITAL TAX COLLECTION BUREAU U ?\/? BUREAU'S AND TAXPAYER'S COPIES ALONG WITH A SELF ADDRESSED STAM
ENVELOPE.
19 S• HANOVER ST•• SUITE 1hQCAL EARNEDINCOME TAX OFFICE USC ONLY• DO NOT WRITE IN THIS AREA
CARLISLE* PA 17013-'3336 TIXRETURN(FORM531)
SEE BACK OF RETURN FR
PHONE NUMBER AND OFFICE HOURS www.captax.com
• NO. SOC. SEC. NCI-
A
HUSBAND AND WIFE MAY :BOTH FILE ON THIS FORM.
A
:
man=
COMBINING
REPORTED
1 W-2 EARNINGS (From attached W-2's)
2 EMPLOYEE BUSINESS EXPENSES (Attach Federal Form 2106 8 ate Schedule UE) ............... 2 I 1
3 TAXABLE W2 EARNINGS (Subtract Line 2 from Line 1) ....................................... 3 •' I I
4 OTHER TAXABLE EARNED INCOME (NO INTEREST OR DIVIDENDS) Complete Section B on Back ... 4 , i .
5 TOTAL TAXABLE EARNED INCOME (Add Lines 3 and 4) ..........:.?t ......................... 5
6 NET LOSS FROM BUSINESS, PROFESSION, OR FARM (ATTACH FEDERAL OR STATE SCHEDULE C, K or F) .. 6 1 1
7 SUBTOTAL (Subtract Line 6 from Line 5) IF LESS THAN ZERO, ENTER ZERO ..................... 7 1 "' ••- •°°
8 NET PROFIT FROM BUSINESS, PROFESSION, OR FARM (ATTACH FEDERAL OR STATE SCHEDULE C, Kor F) 8 1 )
I I!
9 TOTAL TAXABLE EARNED INCOME AND NET PROFITS (Add Lines 7 and 8) ..................... 9 816 j 00
10 TAX LIABILITY: 1 % OF LINE 9 (Multiply Line 9 by.01) ......................................... 10 8116
11 TOTAL LOCAL INCOME TAXES WITHHELD EXCEPT PHILADELPHIA INCOME TAX (From attached 11
W-2's, Box 21). ........................................ *.....................•....... 1 .. l;
12 OUARTERLY PAYMENTS AND/OR LAST YEAR'S OVERPAYMENT CREDITED TO THIS YEAR ...... 12 1 ?' 1
13 CREDITS FOR TAXES PAID TO PHILADELPHIA AND/OR STATES OTHER THAN PA (ATTACH LOCAL SCH. G) AND
OR CREDITS FOR CERTIFIED RESIDENTS OF THE HARRISBURG KEYSTONE OPPORTUNITY ZONE (K02) ... 13
14 TOTAL WITHHOLDINGS 8 PAYMENTS (Add Lines 11, 12 and 13) .....
. i
15 TAX BALANCE DUE (Subtract Line 14 from Line 10 PAYMENT NOT NECESSARY IF LESS THAN $1.00........ 15 8 1 16 - 1
16 INTEREST 8 PENALTY (See Instructions) .................................................. 16 1 ;. i )._?: -•.:.:..;;:r;:; J
17 TOTAL BALANCE DUE (Add Lines 15 and 16) Make check payable to "CTCB"...................... 17 1 •" ^"•"I
18 OVERPAYMENT (Subtract Line 10 from Line 14) IF LESS THAN ZERO, ENTER ZERO .......... O 18
19 OVERPAYMENT TO BE REFUNDED ................................................... 19 I f .:I
20 OVERPAYMENT TO BE CREDITED TO NEXT YEAR'S TAX ................................. 20
21 OVERPAYMENT TO BE CREDITED TO SPOUSE'S BALANCE DUE FOR THIS FILING YEAR ...... 21
YOUR RESIDENT MUNICIPALITY DAYTIME PHONE NUMBER
(TOWNSHIP, BOROUGH, OR CITY) TAX OFFICE :?er?'DJBO*>?>?I?>lA?f#II?.
O ?{.OT?tR-t
717-776-3031
LCUER MIFFLIN TNP USE ONLY 03501205960991962E
YOUR SOCIAL SECURITYO 20O ?24 0992 YOUR NAME' ...LENMAN KENNETH 8
:
LO 'O1 P'
NUMBER ST
FIRST. MU
(
SPOUSE'S SOCIAL SPOUSE'S NAME
MI
ST
SECURITY NUMBER )
(LAST, FIR
.
HAVE YOU MOVED FROM THE AYES IF YES. COMPLETE SECTIONS HOME 105 OCU9LING GAP RO` '
BEGINNING OF THE TAX FILING AE C ON REVERSE SIDE OFTHIS ADDRESS NEWYILLE A 1T2 1-9
YEA R TO PRESENT? NO FORM.
YOUR SIGNATURE DATE YOUR OCCUPATION
X
Retired
SPOUSE'S SIGNATURE (ONLY ALSO FILING ON THIS F86),
V DATE SPOUSE'S OCCUPATION (ONLY IF ALSO LIN G ON THIS FORM
-.. ,
FIRM'S NAME (OR ENTERS. E.'
P ID PREPARER'5 NAME (PLEASE PRINT) R'S
IF SELF-EMPLOYED) PAID PREPAR
717-4 RHONE NUMBER
3-8489
Jerry Lee Reneker S.E.
RI IPrEw rrrlVY
of the Treasury -informal Revenue
Label your first name and INt al last name 700 124 0092_-
20
(See KENNETH Be ?M? Spouw'aBMWsecurity no.
instructions
age /a.)
on A
A
E Dose's first name & Initial Last name
If a Joint retum, sp qp 30 2417
p
Use the IRS LEH1'AN
ELLEN L.
II you have a P.O. box, see page 19. Apt. no.
ber and street)
. IMPORTANTI
label.
Otherwise, E .
Home address (num
105 DOUBLING G9P GOAD voumuuenter
ur SSN(s) above.
?
p Print
pe
or t R
E City, town or post office, stale, and 21P code. II you have a foreign address, we page 19. Yas
1
.
y NEWVILLE PA 17241
PresiG ..... . . ..............
You want S3 to go to this lund7 .....................
ElscOon Cam paign an 1? ?n to thin fund? ... ................. .
Filing Statue 2 X Marffed filing joint return (even d only one had Income)
se's SSN above S full name here. ?
-
3 Marred filing separate return. Ester spou
a child but
rson ls not your dependent,
ualifying person). (See page 18.) it qualifying pe
ld (with
h
4 q
o
Head of house
Check only
enter this child's name here.?
See a e18
.
one Dox. $ Cuali in widow or with de endent chiltl (r. Dose died 0-19
as a dependent on his or her lax
No, of boxes
k d an
68 '.ourself. If your parent (or someone else) can claim you
.............. . 6hooc
return, do not check box 6a .........................
Exemptions ... ..... ........ No.oryour
b ..
91 S w .. ............... •pond 4 av I-
d?
9
3 •••
• •••••••••••••••••••• n
of o
who:
c
or
1
1Dependenfs
acnsa
.ca If
Dependents: socia2 l) securitynumber relaa°nsuhlP to c ,0 ... rt?
• rived with you
9 Frst name last name
e did not live with
you due to divorce
If IIIOra than six aepa
peeppa 1o)
(seepage 19)
dependents, Dependents on so
9e9 Page 19. nor entered above
......................
d Total number of as ns claimed ... ...:.....'..... . .
.. .
7 Wages, salaries, Ups, etc. Attach Form(s) W-4 ....................... ' .......
.......
Income
..........
.. .
Be Taxable interest. Attach Schedule 8 if required .............
I ah ?
8e
li
........
ne
b Tax exampt Interest. DO NOT Include on
....
Attach
Copy B of your 9 Ordinary dividends. Attach Schedule 8 if required ........ .......
nd local Income taxes azes (sea e Page 21) ..
t
Forma W-21 e a
10 Taxable refunds, credits, or offsets of sta
..................
w-20, and
Joe" here. .......
11 Alimony received ............ . . . . ... . .... . ... . .
12 Business income or (loss). Attach Schedule C or C•EZ ...........................
........
13 Capital gain or (loss). Attach Schedule D ..............................
..........
II you did not
get a Wes,
• . .... . .....
14 Other gains or (losses). Attach Form 4797..... • • • ' ' ' • b Taxable amount (ae• page x21
see page 20. 158 Total IRA distributions... 15e b Taxable amount (see pw•22) •
16a
d 16a Totalp•nsionswdannuities.
17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E.
o
Enclose, but
not staple, any 18 Farm income or (loss). Attach Schedule F ............................. .
............
payment. Also,
plom use ........
19 Unemployment compensation ... • • • • • ' 3'509I.... 60I ..b .....Taxable amount (age page 20 •
.
I208I
benefits
it
Form 7040.21• ..
208 Soc
secur
y
List type and amount -see page 24
me
i
.
nco
21 Other
99 alim amounts in the far right column for lines 7 through 21 This is rr total Income i . ?
23 IRA deduction (see page 25) ............... ...
24
24 Student loan interest deduction (see page 27) ..........
Adjusted
25
Medial savings account deduction. Attach Form 8853 25
Gross
26
Moving expenses. Attach Form 3903........... . 26
Income 27 One•ha)f of self-employment tax. Attach Schedule SE • • •'
If line 33 is under
28
Self-employed health insurance deduction (see page 28) . 28
29
$30,095 (under 29 Keogh and self-employed SEP and SIMPLE plans • . • ... 0
3
did not 0 live a with child
did no 30 Penalty on early withdrawal of savings ............... .
31 a
you), see EIC 318 Alimony paid bReeipient's SSN ?=?-
..
...................... .
inst, on page 36. 32
33 Add lines 23 through 31 a .........................
Subtract line 32 from line 22. This Is our ad listed roes Income. •' '
Edition ?
Notice, gee page 51.
rk Raductlon t official
For Disclosure, P rivacy 8
Act, and Paperwo
OLD
CAA a 10461 0 NTF 17026
Tax and 34 Amount from line 33 (adjusted gross income) ......................... .........
35a Check g: ® You were 65 or oiler, O Blind; Q spouw was 65 or older, 0 Blind. ...-
Credits Add the number of boxes checked above and enter the total here ........... ? 35a
bit you are married filing separately and your spouse itemizes deductions or
. o. 35b D
k h
d
h ,.
,
:.
Standard
36 ere ..........
ec
c
you were a dusbetatus alien, see page 29 an
Is in [ze
28
line
n
c
e
ter the Ior of ur it I .
De Most it you
tio
ard dedu
page 30 to find your
uction shown onthe left But see
ded
36
People checked any box on line 35a or 35b or if someone can claim you as a dependent ..........
... 37
Single:
$4,250 37
38 Subtract line 36 from line 34 . . ...............................................
If tine 34 is $93,400 or less, multiply $2,700 by the total number of examptiona claimed on 1y y;
e 30 for the amount to enter ..... 38
Head of line 6d. If line 34 is over $93,400, see the worksheet on pag
household: 39 Taxable Income. Subtract line 36 from line 37. If line 38 is more than line 37, enter -0 . ...... 39
40 Tax. See page 30. Check it any lax from 8 Q Form(s) 6614 b. Q Form ........ ? 40
Married filing
jointly or 41 Credit for child & dependent care expenses. Attach Form 2441. 41
iiing
=' 42 Credit for the elderly or the disabled. Attach Schedule R ...... 42 ; y.
w
(er):
$7,100
43
Child tax credit (see page 31) ...........................
,
°
Married 44 Education credits. Attach Form 6663 ..................... 44 :
.?z..
filing
l 45 Adoption credit. Attach Form 6839 ............... . ....... 45
`
s?
y
le 46
46
Forego tax credit. Attach Form 1116 If required .............
?
•
?
47 Other. Check if from 8 Form 3800 b 0 Form 8396 . `. :..-
c 0 Form 8801 d U Form (specify) 47,
'•.
48
48 Add lines 41 through 47. These are your total credits ................................
? 49
49 Subtract line 46 from line 40. If line 48 is more than line 40, enter -O- ... • • • • • • •' ' • • " •
................. 5
0
50 Sett-employment tax. Attach Schedule SE ........................ 51
Other 51 ARematlye minimum tax. Attach Form 6251 ........................................ T
-
Taxes orted to employer. Attach Form 4137...
e not re
i
i 2
52 p
p
ncom
Social security and Medicare tax on t
53 Tax on IRAs, other retirement plans, and MSAS. Attach Form 5329 if required ..............
.................
W-2 A
54
54 .....
Advance earned income credit payments from Form(s) .... . 55
55 Household employment taxes. Attach Schedule H ............. .... ....... • . • • • • • • • •
?
56
56 Add lines 49 through 55. This is your total tax ................ .... ..............
i 1 2 ..
0n
57 Federal income tax withheld from Forms W-2 and 1099 ...... 57 on
Payments
applied from 1997 return
ments and amt
d t
58
1 1
58 ,
ax pay
1998 estimate
Attach 59a Earned Income crecUL Attach Sch. EIC if you have a qualifying
Forms W-2 child b Nontaxable earned Income: amt. 11
ICJ
-
and W2G 598 ..
on page L and rype?
60
Also attach 60 Additional child tax credit. Attach Form 8812 ............... ,
Form 1099-A uest for extension) .........
4866 (re
F 61
it 61 q
orm
Amount paid with .
tax was
withheld. 62 page 43) ...
Excess social security and RRTA tax withheld (see 6Y -'
63 r
Other payments. Check if from a 0 Form 2439 b U Form 4136 63
64 Add lines 57, 58, 59a, and 60 throu h 63. These are our total pa ymen ts ............ .. ?
D 64
65
65 If line 64 is more than line 55, subtract line 56 from line 64. This is the am ount you OVERP AI
.
Refund 66a Amount of line 65 you want REFUNDED TO YOU ................................. ?
Have it
directly ?cT e: Checkin Savings
deposited) ii, bFbuting number
See paga 6
44
to dAOcount number
and fill n 66b, ll 0?
66c and 66d 67 Amount of line 65 you want APPLIED TO 1999 EST TAX ? 67
68 It line 56 is more than line 64, subtract line 64 from line 56. This is the AMOUNT YOU OWE
Amount
For details on how to pay, we page 44 ............... .................. ?
You Owe 69 Estimated tax Denalty. Also include on line 68 1691
?wje
Her of my knowledge and belief, they are true, correct, wiu w......... •^ _._._.._.. _. ?. -, -
as knowledge.
r
h e
ar
f
Joint return? e
p
_
lw
info o
r r turd d Date Your occupation
See page 18. f
I i r==-•' ? Retired
Keep a COPY
for your I
spouse's dignelure. If •loue rYurn, BOTH mutt u9n. Dale
Spouse's Occupation
Houeelrl f e
records.
Preparer's Dale Check 0
.25-99 sett-em loe
Paid signature
Preparer's Firm's nam e ( yo s Rene ker e s Bkntr der TRY
Use Only d sell-empty ) and' 1 409 Tennant. Ave -
address CRr11S1C PA
68
3upayer) Eased On?all I
Daytime telephone
number (Optional)
( )
Preparees social security
F7.4A_ (tfSS
EIN
ZIP code
1701
1
Department of the Treasury -Internal Revenue Servl$e '
Form 1040 U.S. Individual Income Tax Return 1997 (99) IRS USe Only-Oo not write or.laple In lhl. apace.
l For the year Jan 1-0se 31. 1997, or other tax year beginning 1997, ending
L
b .19 oma Ne 1545-0074
a
e
Your first name and initial Last name Your social security number
ns
i p KENNETH Be LEHMAN 2001 741 ng02
ons
tntct
on page 10.) E If a joint return, spouse's first name 8 initial Last name Spouse's social security no.
Use the IRS 1 ELLEN L. LEGMAN 1 gR 1901 2417
label. Home address (number and street). If you have a P.O. box, see page 10. Apt. no. For help In finding line
Otherwise, E 10 DOUBLING GAP ROAD instructions, see pages
please pnnt R
or type. E
Ciyy,, town or post office, state, and ZIP code. It you have a foreign address, see page 10. 2 and 3 in the booklet.
NEWVILLE PA ] 724] Ye. No NOIe: Checking
Presidential
Election Campaign ...................... ........
Do you want $3 to go to this funtl?............
11, •Yes'will not
change your tax or
(Sea pag
e f0.) If a joint return, does ourspouse want $3 to o to this fund? ...................... reduce your refund.
1 Single
Filing Status 2 Married filing joint return (even if only one had income)
3 Married filing separate return. Enter spouse's SSN above 8 full name here. III,
4 Head of household (with qualifying person). (See page 10.) If qualifying person Is a child but not your dependent,
Check only
one box. • enter this child's name here.? _
5 Ouali in widow(er) with dependent child (r. s ouso died ?19 ). See page 10.
68 Yourself. If your parent (or someone else) can claim you as a dependent on his or her tax No. el boxes
Exemptions
............. ........
return, do not check box 6a ...............
...
-
ended an
on
on and d
b Spouse ............................................................. .. No. of your
C Dependents:
(21 Depentlont' (3)Dependent's
relationship to (4)No.ofmos. ch ifdmnon6c
whe:
INedinyour
r (11) First name Last name sociallsecurity n ber you homeln Rey ..,e fved with you
s did not INewiih
If more than six
t
d
d you due to divorce
r
aration
en
s,
epen o
sep
see page 10. (seepage n)
\
'?? Dependents on ac
not entered above
?^f y, Ad I numbers
tered on
d Total number of exemptions claimed .... ...) . i. ...... • • • ....... • • • ..... • • .... en
.. • • • fines above
etc. Attach Form(s) W - .................................
salaries
tips
7 Wages 7
Income ,
,
,
88 Taxable interest. Attach Schedule B if required ................................. La Ft
b Tax-exempt interest. DO NOT include on line 8a........ 8b -
-
- -_
Attach
B
f
C Attach Schedule B if required ......................................
9 Dividends 9 1 40
your
o
opy .
Forms W-2 or offsets of state and local income taxes (see page 12) .......
credits
10 Taxable refunds 10
,
1i and ,
,
....................................................
..
11 Alimony received 11
1099-t here. .
.
12 Business income or (loss). Attach Schedule C or C-EZ ...........................
12
If you did not Attach Schedule D ..:.............................. ....
13 Capital gain or (loss) 13
get a .
....................................
14 Other gains or (losses)Attach Form 4797. 14
see page ge 12.
15a Total IRA distributions 158 b Taxable amount (see pg. 13) 15b
...
16a Totalpensfonsantl ennuitiea . 168 b Taxable amount (see pg. 13) 16b 27"
- 00
Enclose but do partnerships. S corporations, trusts, etc. Attach Schedule E..
royalties
17 Rental real estate 17 4252
not attach any ,
,
Attach Schedule F .....................................
18 Farm income or (loss) 18
payment. Also, .
19 Unemployment compensation .....................
19
please use
12081 1474180 I b Taxable amount (see pg. 14)
208 Social security benefits 20b
Form 1040-V. ..
21 Other income. List type and amount -see page 15
21
22 Add amounts in the far right column for lines 7 through 21. This is your total Income.. ? 22 1
23 IRA deduction (see page 16) ....................... 23
Adjusted 24 Medical savings account deduction. Attach Form 8653 ... 24
Gross 25 Moving expenses. Attach Form 3903 or 3903-P. ........ 25
Income 26 One-half of self-employment tax. Attach Schedule SE .... 26
27 Self-employed health insurance deduction (see page 17) . 27
If line 32 is under
290 (under
$29 28 Keogh and self-employed SEP and SIMPLE plans ...... 28
,
$9,770 if a child 29 Penalty on early withdrawal of savings ................ 29
did not live with
1 1
We Alimony paid b Recipient's SSN I-
308
you), see EIC inst.
...............
31 Add lines 23 through 30a
....................... 31
on page 21. ............ t
'
32 Subtract line 31 from line 22. This is our adjusted gross Inc ome. . ............... ? 32 (,n
311
For Privacy Act and Paperwork Reduction Act Notice, see page 38. Official Edition Form 1040 (1997)
CAA 7 10401 0 NTF 11143 GILD 4429
Fomt1040(1997) Name(s) Kenneth B & Ellen •L Lehman
SSN- Inn-oh-noo7 oa,... O
.... rxnoum Trom ime 3Y (actuated gross income) ..........
.
.
.
.
.......................
Tax 34a Check If
Y 33 1 14 n 0 K
:
ou were 65 or older, O Blind; O Spouse was 65
or
older, Blind. ;
? ;
Compu- Add the number of boxes checked above and enter the total here ........... ? 34a 1 r ?
,
tatlOn b it you are married filing separately and your spouse itemizes deductions o
r you
were a dual-status alien, see page 18 and check here .................... ? 34b O
35 Enter itemized deductions from Schedule A, line 28, OR
Standard deduction shown below for your filing status
But
th
.
see
e
larger page 18 if you checked any box on line 34a or 34b or someone
of can claim you as a dependent. 35 Inn on
your: a Single-$4,150 *Married filing jointly or Qualifying widow(er) -$6,900
e Head of household -$6,050 a Married filing separately -$3,450
If you want 36 Subtract line 35 from line 33 ......................................... 36 23440 9 K
...........
37 If li
the IRS to
ne 33 is $90,900 or less, multiply $2,650 by the total number of exemptions claimed on
figure your line 6d. It line 33 is over $90,900, we the worksheet on page 19 for the amount to enter
tax
see 37 on nn
.....
,
38 T
page 18.
axable Income, Subtract line 37 from line 36. If line 37 is more than line 36, enter -0.......
39 38 181 n 4
Tax. See age 19. Check if any tax from 8 Form(s) 8814 b Form 4972 ...... .. ? 39 2 KRh nn
40 Credit for child 8 dependent care expenses. Attach Form 2441 .
C
redits 41 Credit for the elderly or the disabled. Attach Schedule R .... , .
42 Adoption credit. Attach Form 8839 .....
43 Foreign tax credit. Abach Form 1116 .................. M -
44 Other. Check if from a Form 3800 b Form 8396
C 0 Form 8801 d a
Form (specify) 44
45 Add lines 40 through 44 ................................
' 46 ..... .............. .... 45
Subtract line 45 from line 39. If line 45 is more than line 39, enter -0 . .................. ? 46 2 8? n
47 self-employment tax. Attach Schedule SE ............................. 47
...........
Other 48
Altema0ve minimum tax. Attach Form 6251 ............................. 48
...........
Taxes 49
Social security and Medicare tax on tip income not reported to employer. Attach Form 4137...
50 49
Tax on qualified retirement plans (including IRAs) and MBAs. Attach Form 5329 if required ..
51 50
Advance earned income credit payments from Form(s) W,2 ...........................
52 51
Household employment taxes. Attach Schedule H ................................... 52
53 Add lines 46 through 52. This is your total tax ................ .... ............... . ? 53 2 5 00
54 Federal income tax withheld from Forms W1, and 1099 ... 54
/
12
4
IM
Payments 55 1997 estimated tax payments and amt. applied from 1996 return 55 _
140n 00
56a Earned Income credit. Attach Sch. EIC if you have a qualifying
child b Nontaxable earned income: amt. 11,
Attach and type? 56a
Forms W,2, 57 Amount paid with Form 4868 (request for extension) .........
W 57
-2G, and 58 Excess social security and RRTA tax withheld (sea page 27) ...
on 58 -
59 Other payments. Check if from a ? Form 2439 b ? Form 4136
paget, 59
60 Add lines 54, 55, 56a, 57, 58, and 59. These are your total paymen ts ... .............. . ? 60 31.64 on
Refund 61 If line 60 is more than line 53, subtract line 53 from line 60, This is t he am ount you OVERPA ID. 61 8 0n
Have it 62a Amount of line 61 you want REFUNDED TO YOU ................................. ? 62a
directly ? b Routing no. ? C Type: []Checking 0 Savings
depositedl
See page 27
and fill in 62b, 0, dAccount no.
32c, and 62d. 63 Amount of line 61 you want APPLIED TO 1998 EST. TAX... 1, 63 578 n0
Amount 64 If line 531s more than line 60, subtract line 60 from line 53. This is the AMOUNT YOU OWE _
You Owe For details on how to Pay, we page 27 ...................... ........... ?
cc 64
Sign Ni411..... .. UII I,IItl OV .............. O, I I '
Under penalties of perjury I declare that I have examined this return and accompanying schedules and statements and to the best
of my knowledge and ballet, they are true
correct
and complete
Declaration of
re
arer (other than t
i
b
Here ,
,
.
information of which preparer has any knowledge. p
p
axpayer)
s
ased on all
Keep a copy Your signature Date Your occupation
of this return n !
17
RCt irr4d
for your
records Spouse's signature. C oip r figm O must sign. Dale Spouse's occupation
. ?• Ji i Honsewt fe
Paid Preparers'
signature Date
R
3
1 7 Check if
Preparer's social security no.
Pre
arer'S -
-9 self-employed Ai 40 1269
p
Use Only Firm's name( yo s enek .r s Bkn . & Tax SPTY .P EIN
ifself-emplo )and' 509 Terra-0e AVP ZIP code
address Carlisle PA ]7019
CAA NTF 11144 GLD 4430 official Edition
Form 1040 Department of the Treasury -Internal Revenue Service
U.S. Individual Income Tax R
t
e
urn 1996
IRS
Label F Ih
Yidi'JlmI -01c 31, 1996, Ihur lnx yea, boPonnmp Use Only ?
(
ye
A 1996. entire
Your first name and initial Lasl name
Kenneth B
I ".
e
11) e L
n
B If a joint return, spouse's first name 8 initial Last name
Use the IRS tE . Ellen L. Lehman
label.
Otherwise,
l
E Home address (number and street). If you have a RID. box, see page 11.
105 Dou n
C Apt, n?,
p
ease print lap
$
or type. E City, town or post odice. stale. and TP Pn,,n tt
Presidential
Election Can
Filing Status
Check only
one box.
Exemptions
If more than six
dependents,
see the
instructions
for line 6c.
Income
Attach
Copy B of your
Forma W-2,
W-2G, and
1099-R here.
If you did not
get a W-2,
see the
instructions
for line 7.
Enclose, but do
not attach, any
payment. Also,
please enclose
Form 1040-V
(see the
instructions
for line 62).
Netvville PA
you have a foreign address, see page 11
not wale or Btl plo m th le space.
19 OMB No. 1545-0074
Your soc1ial241O security numbergg2
_ 2A0
Spouse's social seeu ft no.
19813o1 24] 7
For help finding line
Instructions, see pages
2 and 31n the booklet.
' Do you want $3 to go to this fund?. 11 res no Note: checking
... ... 77 .. 'Yes will not
if a 'Dint return, does yours ouse want $3 to o to Ihis lund'7 ........... mane. yaunad c
I and uce your relur
Single
2 Married filing joint return (even if only one had income)
3 Married filing separate return. Enter spouse's SSN above 8 full name here. ?
4 Head of household (with qualifying person). (See inst.) If the qualifying person is a child but not your dependent,
enter this child's name here.),
o in rvurselr. IF your parent (or someone else) can claim you as a dependent on his or her lax
return, do not check box 6a .....
.................... ...............
b spouse .............................
...................................
Dependents: (2) Dependent's social
(I) First name security number. If her
Last name in Dec. 1996, see inst. 3)Dependent'S
relationship to
you 4)NO.olmoi
hood m y.u,
home in 1996
inhil --h- ^I ^°---°--- -'-'-- - '
as
b
9
10
11
12
13
14
15a
16a
17
18
___?.._.._ _._...._ ..................
Wages, salaries, tips, etc. Attach Form(s) W-2 ......
. .....
..........
Taxable interest. Attach Schedule B if over $400 ...............
Tax xempt interest. DO NOT include on lin Lab 1 1
Dividend income. Attach Schedule B ii over
..
.. ..
Taxable refunds, credits, or offsets of s I income taxes (see instructions) . .
Alimony received ............ .
Business income or (loss). Attach hedu r CfZ
Capital gain or (loss)
If required
a h
d
.
,
e
ule D .... ........ ....
Other gains or (losses). Attach Form 4797... . ........... .
Total IRA distributions...... 15a b Taxable amount hoemsl.)
Total pensions and annuities 16a b Taxable amount (sea mu J
Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E.
Farm income or (loss). Attach Schedule F ........ - .
19 ...............
Unemployment compensation ...............
20a Social security benefits..... 120a 1 142 1 AO b Taxable amount (sea msl.)
21 Other income. List type and amount -see instructions
Add amounts in the far right column for lines 7 throw h 21. Th your total
Adjusted ',CJa Your IRA deduction (see instructions) .................
b
' 23a
Gross
24 Spouse
s IRA deduction see instructions
Income
25 Moving expenses. Attach Form 3903 or 3903-F ......... 24
26 One-half of sell-employment tax. Attach Schedule SE .... 25
If line 31 is under
$28
495
d
27 Self-employed health insurance deduction (see inst.) 26 _
,
(un
er
$9,500 if a child
28 Keogh 8 sell-employed SEP plans. It SEP, check . ? 17 27
did not live with
2 Penalty on early withdrawal of savings ................ 28
you), see the 9
30 Alimony paid Recipient's SSN ? 1 29
instructions for Add lines 23a through 29 .............. .
line 54. 31 Subtract line 30 from line 22 This is your at
For Privacy Act and Paperwork Reduction Act Notice, see page 7.
CAA 10401 0 Nns 5333
21
.......... 1 30
No, of boxes
checked on
lines the and fib
No. of your
children on line
6c who
e lived with you
e did not live with
you due to divorce
OI6B?8rdllon
(BBB 1,191 ruellens)
Dependentsan6c -?
not entered above
Add
Official Edition Form
r ?
FOrm 1040 (1996) Name(s) Kenneth H & Ellan r.-
cent. *An All n......,.__-^
Amount from line 31 (adjusted gross income) ...., ...... x ...... 3
2 4
. .
TeX 33a Ch
k if
0
.
6 4
ec
:
you were 65 or older, 0 Blind; 0 Spouse was 65 or older, 0 Blind.
COmpu- Add the number of boxes checked above and enter the total hero ........... ? 33a
tatiOn bit you are married filing separately and your spouse itemizes deductions or
o
y
u
were a duatstatus alien, we instructions and check here .................. ? 33b 0
34 Enter Itemized deductions from Schedule A. line 28, OR
Standard deduction shown below for your filing starts
But s
th
th
.
ee
e
e
larger instructions if you chocked any box on line 33a or b or someone
of can claim you as a dependent. 34 R nn on
your: a Single-$4,000 • Married filing jointly or Qualifying widow(or) -$6,700
e Head of household -$5,900 • Married filing separately -$3,350
35 Subtract litre 34 from line 32.. 4 ... 4 ............ .. .... ..... ..... .....
. 35 27706 94
.
.... .
36 If li
ne 32 is $88,475 or less, multiply $2,550 by the total number of exemptions claimed on
If you want
the IRS to line 6d. If line 32 is over $68,475, sea the worksheet in the inst. for the amount to enter 36 ] no n
......
figure your 37 T n
axable Income. Subtract line 36 from line 35. If line 36 is more than line 35, enter -0 - ......
tax, see the
38 37 226QA I 14
Tex. See instructions. Check it total includes any tax from a 0 Form(s) 8874
instructions
for line 37. b Form 4972 ......................... .................. ? 38 044ol
39 Credit for child & dependent care expenses. Attach Form 2441 . 39
Credits 40 Credit for the elderly or the disabled. Attach Schedule R ...... 40
41 Foreign tax credit. Attach Form 1116 ..................... 41
42 Other. Check if from a Form 3800 b 0 Form 8396
C 0 Form 8801 d 8 Form (specify) 42
43 Add lines 39 through 42 ..................................................
44
Subtract line 43 from line 38. If line 43 is more than line 38, enter -0- ............... 4
45 Self-employment tax. Attach Schedule SE .............................. J
......Oth
er 46 Alternative minimum tax. Attach Form 6251 .............................
......Ta
47
xes
Social security and Medicare tax on lip income not reported to employer. Attach Form 148
Tax on qualified retirement plans, including IRAs. If required, attach Form 5329 ....... 48
49 Advance earned income credit payments from Form(s) W-2 ......................
50 Household employment taxes. Attach Schedule H ..............................
51 Add lines 44 through 50. This is your total tax .............. ..... ............. n]
52 Federal income tax withheld from Form(s) W-2 and 1099 ..... 52 ]
Payments 53 1996 estimated tax payments and amt. applied from 1995 return 53 no no
54 Earned income credit Attach Son. EIC if you have a qualifying
child. Nontaxable earned income: amt. ?
Attach and type? 54
Forms W-2, 55 Amount paid with Form 4868 (request for extension) ......... 55
W-2G, and 56 Excess social security and RRTA lax withheld (see inst.) ......
on 56
57 Other payments. Check if from a I] Form 2439 b []Form 4136
paged, 57 -
58 Add lines 52 through 57. These are your total payments ........ .... . .......... .& ? 58 20981 00
Refund 59 If line 58 is more than line 51, subtract line 51 from line 58. This is the am ount you OVERP AID. 59
Have it sent 60a Amount of line 59 you want, REFUNDED TO YOu ................................. ? 60a
directly to ? to Routing no. C Type: O Checking I] Savings
your bank
3ccountl See
nsl. and rill in ? dAccount no.
60b, c, and d. 61 Amount of line 59 you want APPLIED TO 1997 EST. TAX.... ? 61
Amount 62 If line 51 is more than line 58, subtract line 58 from line 51. This is the AMOUNT YOU OWE
YOU Owe For details on how to pay and use Form 1040-V, see instructions ..................... ?
ce 62 1159
w--ty.-,vi, uuu VF 1III IV OC foal 501951
Under penalties of per1ury I declare that I have examined this return and accompanying schedules and statements and to the best
Sign of my knowledge and belief, they are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all
Here information of which preparer has any knowledge.
Keep a copy Your signature,, -'? 73) , Date Your occupation
?
of this return .- ? •? Retired
foryour ' Spouse's'signatuke.ll.ajoldl return, TH must sign. Date Spouse's occupation
records. ' - ?] J Ronsewife
Preparers Date Check if Preparer's SSN
Paid signature ?] ] . sellsmployetl /? 4n FF
Preparer's Frm's name ry rs EIN
Use Only if 'attempt ed) and, ] 509 Tnrra Or' Ayr• f ZIP code
address
COPY2
UNIVERSITY PHYSICIANS
P 0 BOX 854 -
HERSHEY PA 17033-0854 _
FORWARD AND ADDRESS CORRECTION
For Inlormellon, Telephone: 71 7-531-5069
Statement dale
10/02/96
Pay This Amount P. 1080.80
Amount Paid 10-
UNIVERSITY PHYSICIANS
PAYMENT DUE: 10/27/96
DUN1
MAIL TO: G BF6 619072
u ELLEN L LEHMAN
UNIVERSITY PHYSICIANS A 105 STEELSTOWN ROAD
P 0 BOX 854 A NEWVILLE PA 17241
HERSHEY PA 17033-0854 T
0
RIR? R
m TO INSURE PROPER CREDIT TO YOUR ACCOUNT DETACH ALONG DOTTED LINE - AND RETURN TOP PORTION WITH YOUR PAYMENT
Slalanlonl Account Last Statement
LOW 10/02/96 No. 61 9072 Date 09/04/96 INSURANCE PATIENT
K 09/09/96 BS REMIT PAYMENT 39.00-
n 09/09/96 BS REMIT CONTRACT 5.00-
* 09/09/96 BS REMIT TX 26.00
00843/96 1 PSYCHOTHERAPY 25 MIN-INPT 85.00
MM HERSHEY MEDICAL CENTER
* 09/09/96 BS REMIT IPAYMENT 33,60-
* 09/09/96 BS REMIT CONTRACT 29.00-
111 09/09/96 BS REMIT TX 22.40
09278/96 1 HOSPITAL DISC DAY 125.00
HM HERSHEY MEDICAL CENTER
HERSHEY PA BS REMIT IPAYMENT 39.00-
• 09/09/96 BS REMIT CONTRACT 60.00-
+ 09/09/96 BS REMIT TX 26.00
• INDICATES NEW FINANCIAL ACTIVITY SINCE LAST BILL.
FEDERAL TAX ID # 251597357
PAST DUE. . PLEASE REMIT IMMEDIATELY. .
CONTACT OUR OFFICE AT 4717) 531-5069 OR 1-800-254-2619
BETWEEN: 7:30 A.M. - 6:00 P.M. IF YOU HAVE ANY QUESTIONS
It Any Questions, Please Contact: UN I VERSI TY PHYSICIANS 717-531-5069
40.00 1080.80
Est. Insurance
Responsibility-
11'2'0.80 7.
Tnml Ar.cl Ral. Page No.
LI ?I NJ 1f11 L -- -
College of Medicine
University. Hospitals • Chlldren.'s Hospital
®,-^rThe'Milton $: Hershey. Medical. Center `
PATIENTS NAME ACCOUNT NO • ADMISSION
ELMMAN CLLCrv L X I DD I Del--? 72 199
`
ELLEN L LEHMAN
105 STEELSTOWN ROAD
NEWVILLE PA 17241
1 FEDERAL 1D# 23.7094417
`w V... .. .. ,c..
WPORTANTI •r plEAgE•OETAOM'AND °flETl1flN"7HE TOP°PORTION OC"Tf
PLEASE WRITE ACCOUNT NUMBER ON THE CHECK.,
I
7.
1E
Y.
INPATIENT
STATEMENT OF NOSPITPL ACCOUNT
DISCHARGE DATE STATEMENT DATE.
UNIVERSITY HOSPITALS
THE MILTON S. HERSHEY MEDICAL CENTER
THE PENNSYLVANIA STATE UNIVERSITY
500 UNIVERSITY DRIVE
P.O. BOX 857
HERSHEY, PENNSYLVANIA 17033
2 #400.00
"STAfEMIENT'WRH %5 REMITTANCE TO ASSURE PROPER CREDIT.
Ft 1 TRANSACTIONS MADE AFTER
THIS DATE WILL APPEAR ON YOUR.
72-6199 ^NEXT STATEMENT ' -?
AMOUNT PAID
"PLEASE NOTE INFORMATION BELOW" -?2.4CO.00
PATIENT INQUIRY DEPT PHONE:::::: 717-531-8884 0.C0
: '' plTrltE,INSUFIMCE C W4 OUTTfNDINQ ME THE AMOUNTS 81U.P,D TO YOUR IN.SqRANC4 COMPANY'
5k * O.tC
TELEPHCNE JNQ) IRIES 4
?r7,1`L',.? ?:r ..? ,r ,, .f `i•, ` x' c . s- I 2 6400.00
a,r m?.. r?? a x rN
t,5 TWEPHONE L;INES,}rARE AVAILABLE.MDNOAYTTHRU FRIDAY
FROM 8'00 A.M.: UNTIL ',• 6 ,OO P..M.
+?„w; ,;?•:, > e 0.00
PLEASE CALL: (717) 531-8884
YOUR BALANCE IS PAST DL'E.
PLEASE SEW THE FULL AMCUNT
OR CALL T C DISCUSS.
E CONTACT:
AEDICAL CENTER r +
• AMOUNT 2 #400.00
TOTAL OTHER INCOME
TOTAL INCOME
Current Expenses
Weekly
HOME
Mortgage/Rent
Maintenance
Electric
Gas
Oil
Telephone
Water
Sewer
Trash
EMPLOYMENT
Public Transportation
Lunch
TAXES
Real Estate
PERSONAL
Clothing
Food
Barber/Hairdresser
Credit Payments
Credit Card
Charge Accounts
Memberships
Miscellaneous
LOANS
Credit Union/Bank
Personal Loan (Explain Fully)
Monthly Years
100
50
500
100
15
N/A
4,000
50
400
60
100
MISCELLANEOUS
Household Help
Child Care
Papers/Books/Magazine 10
Entertainment 28
Pay TV
Vacation
Gifts (Christmas & Birthday)
Legal Fees 100
Charitable Contributions
Other child support
Alimony payments
Car Insurance 70
Gas & Car Repair 100
Eye Exams & Glasses
Miscellaneous
TOTALEXPENSES
I, Joseph D. Buckley of The Law Offices of Joseph D. Buckley, do
hereby certify that I am this day serving a copy of the foregoing document upon
the person(s) and in the manner indicated below, which service satisfies the
requirement of the Pennsylvania Rules of Civil Procedure, by depositing a copy
of same in the United States mail, first-class postage prepaid as follows:
Charles Rector, Esquire, P.C.
1104 Femwood Avenue, Suite 203
Camp Hill, PA 17011-6912
7- a Lvc-?
DATE
1237 Holly Pike
Carlisle, PA 17013
(717) 249-2448
?o
Y
n
1
N
m Jd
m Q W N
V
• ..
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH B. LEHMAN,
VS.
Plaintiff
ELLEN L. LEHMAN,
Defendant
CIVIL ACTION - LAW
CASE NO. 99- 5133 oc"uo -L-
IN DIVORCE
If you wish to deny any of the statements set forth in this affidavit,
you must file a counteraffidavit within twenty (20) days after this affidavit
has been served on you or the statements will be admitted.
1. The parties to this action separated on September 10, 1996 and have continued
to live separate and apart for a period of at least two years.
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
I, Kenneth B. Lehman, Plaintiff, verify that the statements made in this affidavit
are true and correct. I understand that false statements are made subject to the penalties
of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities.
Date: V.47a 2:2 ten u f %3 ay i ? _
Plaintiff
C? <- r
,
n. ? r fm
( cn J
fT O
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH B. LEHMAN,
VS.
ELLEN L. LEHMAN,
CIVIL ACTION - LAW
Plaintiff
: CASE NO. 99- ? 133
Defendant : IN DIVORCE
1. Check either (a) o (b):
(a) I do not oppose entry of a divorce decree.
%oo? I oppose the entry of a divorce decree because
Check (i), (ii) or both:
(i) The parties to this action have not lived separate and apart for a period
of at least two years.
y(ii The marriage is not irretrievably broken.
2. Check either (a) or (b):
(a) I do not wish to make any claims for economic relief. I understand that I may
lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not
claim them before a relief is granted.
%,*) I wish to claim economic relief which may include alimony, division of
propert y, lawyer's fees or expenses or other important rights.
I, Ellen L. Lehman, Defendant, verify that the statements made in this affidavit
are true and correct. I understand that false statements are made subject to the penalties
of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities.
Date: r- 3 / - '77 5.Z-
Defendant
NOTICE; If you do not wish to oppose the entry of a divorce decree and you do not
wish to make any claim for economic relief, you need not file this counterafHdavit.
?
:
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KENNETH B. LEHMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99 - 5133 CIVIL
ELLEN L. LEHMAN,
Defendant IN DIVORCE
TO: Joseph D. Buckley Attorney for Plaintiff
Charles Rector Attorney for Defendant
DATE: Tuesday, February 1, 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.
19
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
i
Lei a
DATE -C0 SEL FOR P INTIFF (1--?
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 RECL•:IVING 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
FARTY 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.
KENNETH B. LEHMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99 - 5133 CIVIL
ELLEN L. LEHMAN,
Defendant IN DIVORCE
TO: Joseph D. Buckley Attorney for Plaintiff
Charles Rector Attorney for Defendant
DATE: Tuesday, February 1, 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.
Complex Interrogatories were forwarded to Plaintiff on September 1, 1999, and
remain unanswered. Defendant is unable to prepare completed Interrogatory
Answers until such time as full and complete answers are provided by the Plaintiff.
,. ,
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
Unknown
?-A
DATE
COUNSEL FOR P NTIFF ( )
COUNSEL FOR EFE T (?()
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.
KENNETH B. LEHMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION - LAW
NO. 99 - 5133 CIVIL
ELLEN L. LEHMAN,
Defendant IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO: Joseph D. Buckley
Charles Rector
, Attorney for Plaintiff
, Attorney for Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover Street,
Carlisle, Pennsylvania, on the 16th day of October 2000, at
9:30 a.m., at which time we will review the pre-trial
statements previously filed by counsel, define issues,
identify witnesses, explore the possibility of settlement
and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 8/7/00 E. Robert Elicker, II
Divorce Master
Low
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
• NO. gl"JI CIVIL 19
IN DIVORCE
STATUS SHEET
DATE: I i7 ACTIVITIES: t
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KENNETH B. LEHMAN,
Plaintiff
VS.
ELLEN L. LEHMAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 5133 CIVIL
IN DIVORCE
TO: Joseph D. Buckley ' Attorney for Plaintiff
Charles Rector Attorney for Defendant
DATE: Tuesday, February 1, 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.
l ,;
(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 IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
KENNETH B. LEHMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 5133
VS.
ELLEN L. LEHMAN, CIVIL ACTION - LAW
Defendant IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: Kenneth B. Lehman Plaintiff
Joseph D. Buckley Counsel for Plaintiff
Ellen L. Lehman Defendant
Charles Rector 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 25th day
of October , 2000 at 9:00a.m., at which
place and time you will be given the opportunity to present
witnesses and exhibits in support of your case.
Date of Order and
Notice: 10/16/00
By t ,e C rt,
i
G rge'E. Hoff r, President Judge
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
Law Offices
of
Charles Rector, Esquire, P.C.
1104 Femwood Avenue, Ste. 203
Camp Hill, PA 17011-6912
c-mail - CRectorEsq@aol.com
Tammy S. Faust (717) 761-8101
Paralegal Fax (717) 761-2161
E. Robert Elicker, II, Esquire
Office of Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Re: Lehman v. Lehman
No. 99-5133
Dear Bob:
July 26, 2000
This letter is a follow-up to your Order requiring that Pre-trial Statements be filed
by both parties through their counsel on or before Monday, July 17, 2000. Attorney
Buckley and I are engaged in comprehensive negotiations at this time in an effort to fully
and finally resolve the case. I therefore ask your kind cooperation in granting a
postponement for the filing of Pre-trial Statements so that we might attempt to settle the
case.
Very truly yours,
CWtsf
cc: Joseph Buckley, Esquire
Ellen Lehman
Charles Rector
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rm`n 1
Law Offices
of
Charles Rector, Esquire, P.C.
1104 Femwood Avenue, Ste. 203
Camp Hill, PA 17011-6912
c-mail - CRectorEsq®aol.com
Tammy S. Faust (717) 761-8101
Paralegal Fax (717) 761-2161
March 8, 2000
E. Robert Elicker, II, Esquire
Office of Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Re: Lehman v. Lehman
No. 99-5133
Dear Bob:
Enclosed please find the certification that discovery is not complete in the above-
referenced matter.
Very truly yours,,
Charles Rector
CR/tsf
Enclosure
cc: Joseph D. Buckley, Esquire
Law Offices
of
Charles Rector, Esquire, P.C.
1104 Femwood Avenue, Ste. 203
Camp Hill, PA 17011-6912
c-mail - CRectorEsq®aol.com
Tammy S. Faust (717) 761-8101
Paralegal Fax (717) 761-2161
October 12, 2000
E. Robert Elicker, 11, Esquire
Office of Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Re: Lehman v. Lehman
No. 99.5133
Dear Bob:
Attorney Buckley and I are scheduled to appear before you on Monday, October
16, 2000, at 9:30 a.m. for a Pre-Hearing Conference in the above-referenced matter.
Because of the efforts I have undertaken to move the case towards ultimate amicable
settlement, Mr. Buckley has agreed with my request that a Pre-trial Statement not be
filed on behalf of my client by Monday, October 16, 2000.
I will nonetheless be prepared to discuss all aspects of the case, including the
perimeters of settlement that have been discussed.
With kindest regards,
Very truly yours,
Charles Rector
CR/tsf
cc: Joseph Buckley, Esquire
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240-6535
E. Robert Elicker, 11
Divorce Master
Traci Jo Colyer
Office Manager/Reporter
West Shore
697-0371 Ext. 6535
June 19, 2000
Joseph D. Buckley, Esquire
1237 Holly Pike
Carlisle, PA 17013
Charles Rector, Esquire
1104 Fernwood Avenue
Suite 203
Camp Hill, PA 17011
RE: Kenneth B. Lehman vs. Ellen L. Lehman
No. 99 - 5133 Civil
In Divorce
Dear Mr. Buckley and Mr. Rector:
Mr. Buckley returned the certification document dated February 3,
2000, indicating that discovery is complete. Mr. Rector, in his
certification document dated March 2, 2000, indicated that discovery is
not complete and that he was waiting for answers to complex
interrogatories. Inasmuch as over three months have passed since the
certification documents have been returned, I would assume that the
discovery now has been completed and the answers to the interrogatories
provided. If they have not, then Mr. Rector has the recourse to ask the
Court to intervene.
I am going to proceed on the basis that grounds for divorce are not
an issue and that the parties will either sign affidavits of consent or have
been separated for a period in excess of two years. Mr. Lehman filed an
affidavit under Section 3301(d) indicating that the separation occurred
on September 10, 1996, so the parties have been separated a period in
excess of two years.
The divorce complaint did not raise any economic issues. The
counterclaim filed by wife on September 2, 1999, raised economic claims
of equitable distribution, alimony, alimony pendente lite, and counsel
fees and expenses.
MR. BUCKELY AND MR. RECTOR
19 JUNE 2000
PAGE 2
Counsel are directed to each file a pretrial statement in accordance
with P.R.C.P. 1920.33(b) on or before Monday, July 17, 2000. Upon
receipt of the pretrial statements, I will immediately schedule a pre-
hearing conference with counsel to discuss the issues and, if necessary,
schedule a hearing.
Very truly yours,
E. Robert Elicker, II
Divorce Master
NOTE: Sanctions for failure to file pretrial statements are set
forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRETRIAL STATEMENT SHOULD BE
FILED IN THE MASTER'S OFFICE AND A COPY SENT
DIRECTLY TO OPPOSING COUNSEL.
FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED
BY THE MASTER MAY RESULT IN THE MASTER'S
APPOINTMENT BEING VACATED.
Law Offices
of
Charles Rector, Esquire, P.C.
1104 Fernwood Avenue, Ste. 203
Camp Hill, PA 17011-6912
e-mail - CRectorEsq@aoi.com Tammy S. Faust (717) 761-8101
Paralegal Fax (717) 761-2161
January 8, 2001
E. Robert Elicker, II, Esquire
Office of Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Re: Lehman v. Lehman
No. 99-5133
Dear Bob:
Please be advised that the parties in the above-referenced matter have reached
agreement in their divorce and related claims. By this letter, I am requesting that you
vacate your appointment as Master in this matter. I have enclosed a copy of the
Comprehensive Marriage Settlement Agreement and First and Second Amendments
thereto.
If you have any questions, please do not hesitate to contact me or Attorney
Buckley.
With kindest regards,
Very trul/y'yours,
CJ- Fem.
Charles Rector
CR/tsf
cc: Joseph Buckley, Esquire
KENNETH B. LEHMAN,
Respondent/Plaintiff
V.
ELLEN L. LEHMAN,
Petitioner/Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5133
CIVIL ACTION - LAW
IN DIVORCE
ORDER
AND NOW, this aj day of ? '' ea el X 01, upon concurrence of
counsel for the parties, the hearing scheduled for August 23, 2001, is hereby canceled
and the matter continued generally to be re-listed for hearing at the request of either
party.
BY THE COURT: ,
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