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THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF '! PENNA.
DENISE E. LEHMAN,
iI Plaintiff
V v rs u:;
CRAIG A. LEHMAN,
Defendant
No. 99-5758 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
DECR EE IN
DIVORCE gt4?PA,
AND NOW,_. .... ?Z...... , ?ooo, . • it is ordered and
decreed that DE E E,, LE. HMAN plaintiff,
and ...................cRAIC A. 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;
The . Marriage. Settlement Agreement dated. May 18, 2000 and signed by the
...........................................
parties is hereby incorQorated into the Divorce Decreer but, not, merged..,,
Att t: P J.
t.
Prothonotary
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DENISE E. LEHMAN, IN THE COUR'r OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION-LAW
99-5758 C I V I L TERM
CRAIG A. LEHMAN,
Defendant IN DIVORCE
PRAECIPF- TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a divorce decree:
1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code.
2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon
the defendant, Craig A. Lehman, on September 24. 1999, by certified, restricted delivery mail, adaressed to him at
277 Redwood Lane, Carlisle, Pennsylvania 17013, with Return Receipt Number Z 013 345 861.
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 plaintiff: June 14, 2000; by defendant: June 28, 2000.
(b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code:
(b)(2) Date of tiling and service of the plaintiffs affidavit upon the defendant:
4. Related claims pending: NONE.
5. Complete either (a) or (b).
(a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record,
a copy of which is attached:
(b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: July 7, 2000.
Date defendant's Waiver of Notice in Section 01(c) D' cc was filed with the
Prothonotary: July 7, 2000.
Mark D. Schwartz, Esquire
Attorney for Plaintiff
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DENISE E. LEHMAN, IN THE. COUR'I' OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
99. 0X IL TERM
CRAIG A. LEHMAN,
Defendant IN DIVORCE
NOTICE
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 in 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 divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
1-800-990-9108
AMERICANS WITH DISABILITIES
ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business betbre the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduling conference or hearing.
DENISE E. LEHMAN,
Plaintiff
V.
CRAIG A. LEHMAN,
Defendant
CIVIL ACTION - LAW
Y
99-645 CIVIL TERM
IN DIVORCE
COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c)
OF THE DIVORCE CODE
NOW comes the plaintiff, Denise E. Lehman, by her attorneys, Irwin, McKnight &
Hughes, Esquires, and tiles this complaint in divorce against the defendant, Craig A. Lehman,
representing as follows:
1. The plaintiff is Denise E. Lehman, an adult individual residing at 912 Nixon Drive,
Mechanicburg, Cumberland County, Pennsylvania 17055.
2. The defendant is Craig A. Lehman, an adult individual residing at 277 Redwood Lane,
Carlisle, Cumberland County, Pennsylvania 17013.
3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six
months prior to the filing of this action in divorce.
4. The plaintiff and the defendant were married on April 21, 1990, in Wormleysburg,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Pennsylvania.
5. There were two children born to this marriage; namely, KC Rebecca Lehman, born
September 21, 1991, age 7 years, and Gabrielle Marie Lehman, born March 30, 1999, age 4 '/2
months.
6. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon
which this action is based that the marriage between the parties is irretrievably broken.
7. The plaintiff avers that she has been advised of the availability of counseling and that
said party has the right to request that the court require the parties to participate in counseling.
WHEREFORE, the plaintiff demands judgment dissolving the marriage between the
two parties.
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
By: riOurr t
Mar . Schwartz, Esquire
Attorney for Plaintiff
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court I.D. No. 70216
Date: A09wt _ ( 1999
VERIFICATION
The foregoing Complaint in Divorce is based upon information which has been gathered
by my counsel and me in the preparation of this action. I have read the statements made in this
Complaint and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of IS Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
DENISE E. LEHMAN
Date: August 26 , 1999
DENISE E. LEHMAN,
Plaintiff
V.
CRAIG A. LEHMAN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
99 .-V 5 PCIVIL TERM
IN DIVORCE
PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT
The plaintitT, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of marriage counseling and understand that I
may request that the court require that my spouse and i participate in counseling.
2. I understand that the court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I
participate in counseling prior to a divorce decree being handed down.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unworn falsification to authorities.
Date: August 28 , 1999 V e X 4-xeGZ
DENISE E. LEHMAN
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DENISE E. LEHMAN,
Plaintiff
V.
CRAIG A. LEHMAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
99-5758 CIVIL TERM
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
September 20, 1999.
2. The manage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of the filing of the complaint.
3. I consent to the entry of a final decree in divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if 1 do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to
unswom falsification to authorities.
Date: June '2000 DENISE E. LEHMAN
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DENISE E. LEHMAN,
Plaintiff
V.
CRAIG A. LEHMAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
99-5758 CIVILTERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. 1 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 1 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 in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: June/ ? ,2000
DENISE E. LEHMAN
Plaintiff
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DENISE E. LEHMAN, IN THE. COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
99-5758 CIVIL TERM
CRAIG A. LEHMAN,
Defendant IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
September 20, 1999.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of the filing of the complaint.
3. 1 consent to the entry of a final decree in divorce.
4. 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 verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to
unswom falsification to authorities.
Date: June?,2000
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DENISE E. LEHMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
99-5758 CIVIL TERM
CRAIG A. LEHMAN,
Defendant IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO RE UEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
I . I consent to the entry of a final Decree of Divorce without notice.
2. 1 understand that 1 may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
1 verify that the statements made in
false statements herein made are subject to
unswom falsification to authorities.
Date: June .K6 2000
this affidavit are true and correct. I understand that
the penalties of IS Pa. C.S. Section 4904 relating to
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DENISE E. LEHMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff
:CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
99-5758 CIVIL TERM
CRAIG A. LEHMAN,
Defendant IN DIVORCE
AFFIDAVIT OF SERVICE OF COMPLAINT
PURSUANT TO PA. R.C.P. RULE NO 19204 (a)(1)(1)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
NOW, Mark D. Schwartz, Esquire, being duly swom according to law, does depose and
stale:
1. That he is a competent adult and attorney for the plaintiff in the captioned action in
divorce.
2. That a certified copy of the Complaint in Divorce was served upon the defendant,
Craig A. Lehman, on September 24, 1999, by certified, restricted delivery mail, addressed to him
at 277 Redwood Lane, Carlisle, Pennsylvania 17013, with Return Receipt Number Z 013 345
861.
3. That the said receipt for certified mail is signed and attached hereto and made a part
hereof'.
I verify that the statements made in this affidavit aft true and correct. I understand that
false statements herein made are subject to the penalties ?f 18 P . . S. Section 4904, relating to
unswom falsification to authorities. '1 /
MARK D: SCHWARTZ, ESQUIRE
Attorney for Plaintiff
Date: July 7, 2000
Z 013 345 861
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Receipt for Certified Mail
No Insurance Coverage Provided.
Sent to - - --?
CRAIG A LE@fAN
Sreel S NumLer
277 REDHOOD LANE
Past Ofece, Slate, & ZIP Code
CARLISLE PA 17013
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SEPTEMBER 20, 1999
LERNAN
SENDER: I also wish to receive the
compete hems3 e4a, and gC,edtlilbnel services. following serylces (for an
• Pont your name and address on the reverse of this form so that we can retum this extra fee):
aN to you.
'Rpoach Nis roan to the front of the meilpleoe, or on the back if space does not 1.O Addressee's Address
•Wme'Rerum Receipt Requested-on the maaPece below I" article number. ReSldoted ale
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do Wned. onsu pos ma3 of or fee. Zj
ii 3. ArtiGe Adtlreseect lo: 4a. Article Number
CRAIG A LEHMAN 2 013 345 861
277 REMOOD LANE `• 4b. Service Type
CARLISLE PA 17013 gds Registered ® Certified
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SOCIAL SECURITY INFORMATION SHEET
PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1 (a) (3) ALL DIVORCES MUST
INCLUDE THE PARTIES SOCIAL SECURITY NUMBER
PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE
PROTHONOTARY'S OFFICE
DATE: July 7. 2000
DOCKET NUMBER: 99-5758 CIVIL TERM
PLAINTIFFIi&IftflxR SS" 163-62-7808
NAME: DENISE E. LEHMAN
DEFENDANT SS # 191-54-3684
NAME: CRAIG A. LEHMAN
DENISE E. LEHMAN,
Plaintiff
V.
CRAIG A. LEHMAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
99-5758 CIVIL TERM
IN DIVORCE
DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT
The defendant, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of marriage counseling and understand that I
may request that the court require that my spouse and I participate in counseling.
2. I understand that the court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I
participate in counseling prior to a divorce decree being handed down.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: June 2000 --
IG A. LEHMAN
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MARRIAGE SETTLEMENT AGREEMENT
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THIS AGREEMENT made this day of '' 2000, by and
between DENISE E. LEHMAN (hereinafter referred to as??IFE") and CRAIG A.
LEHMAN, (hereinafter referred to as "HUSBAND").
WITNESSETH:
WHEREAS, HUSBAND and WIFE were lawfully married on April 21, 1990 in
Wormleysburg, Pennsylvania, and separated on January 15, 1999. WIFE filed a Divorce Action
in Cumberland County, Pennsylvania, on September 20, 1999, docketed at 99-5758 Civil Term.
WHEREAS, diverse, 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 claims and possible claims
by one against the other or against their respective estates and equitable distribution of property
and alimony for each party.
The parties hereto agree and covenant as follow.,:
The parties intend to maintain separate and permanent domiciles and to live apart from
each other. It is the intent and purpose of this Agreement to set forth the respective rights and
duties of the parties while they continue to live apart from each other.
2.
The parties have attempted to divide their matrimonial property in a manner which
conforms to a just and right standard, with due regard to the rights of each party. It is the intent
of the parties that such division shall be final and shall forever determine their respective rights.
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets.
3.
Further, the parties agree to continue living separately and apart from the other at any
place or places that he or she may select as they have heretofore been doing. Neither party shall
molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever.
Each party may carry on and engage in any employment, profession, business or other activity as
he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere
with the uses, ownership, enjoyment or disposition of any property now owned and not specified
herein or property hereafter acquired by the other.
2
4.
The consideration for this contract and agreement is the mutual benefit to be obtained by
both of the parties hereto and the covenants and agreements of each of the parties to the other.
The adequacy of the consideration for all agreements herein contained is stipulated, confessed,
and admitted by the parties, and the parties intend to be legally bound hereby.
Each party to the Agreement acknowledges and declares that he or she, respectively:
(a) WIFE is represented by counsel, (Mark D. Schwartz, Esquire) of his or her
own choosing; or if not represented by counsel, understands that he or she has the right to
counsel; HUSBAND is represented by counsel, (Bradley L. Griffie, Esquire) of his or her
own choosing; or if not represented by counsel, understands that he or she has the right to
counsel;
(b) is fully and completely informed of the facts relating to the subject matter of
this Agreement and of the rights and liabilities of the parties;
(c) enters into this Agreement voluntarily after receiving the advice of counsel, or
chooses not to consult an attorney;
(d) has given careful and mature thought to the making of this Agreement;
(e) has carefully read each provision of this Agreement; and
(f) fully and completely understands each provision of this Agreement, both as to
the subject matter and legal effect.
This Agreement shall become effective immediately as of the date of execution.
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5.
It is the purpose and intent of this Agreement to settle forever and completely the interest
and obligations of the parties in all property that they own separately, and all property that would
qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 3301(e), and
that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and
assigns. The parties have attempted to divide their Marital Property in a manner that conforms to
a just and fair standard, with due regard to the rights of each Party. The division of existing
Marital Property is not intended by the parties to constitute in any way a sale or exchange of
assets, and the division is being effected without the introduction of outside funds or other
property not constituting a part of the marital estate.
It is the further purpose of this Agreement to settle forever and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony.
6.
Each party represents and warrants that he or she has had sufficient time and access to all
information necessary to enter into this Agreement, including but not limited to property interests
of any nature, whether personal or business, any mortgage, pledge, lien, charge, security interest,
encumbrance, or restriction to which any property is subject. Each party further represents that,
although not all the information was requested, that he or she is satisfied with the cooperation
and disclosure of the property interests of any nature of the other party, and waives any right to
raise the lack of disclosure of property interests of any nature as a defense to the enforcement of
this Agreement. Each further represents and warrants that he or she has not made any gifts or
transfers for inadequate consideration of Marital Property without the prior consent of the other.
Each Party acknowledges that, to the extent desired, he or she has had access to all joint
and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during
marriage.
4
7.
REAL ESTATE: HUSBAND hereby agrees to transfer to WIFE exclusive possession
of the marital residence at 912 Nixon Drive, Mechanicsburg, Cumberland County, Pennsylvania,
and will waive aH right, title and interest in the property if WIFE chooses to sell said property.
HUSBAND agrees to execute a deed within thirty (30) days from the date of the execution of
this Agreement transferring said property into WIFE's name individually, and WIFE agrees to
assume all liability for and indemnify HUSBAND against the mortgages currently against said
residence, and agrees to be solely responsible for the payments associated with said mortgages.
WIFE further agrees to have HUSBAND's name removed from the marital mortgages within
one (1) year from the date of the execution of this Agreement. The removal of HUSBAND's
name from the mortgages shall occur either by refinancing or assumption of the current
mortgages by WIFE. WIFE agrees to pay HUSBAND the sum of $6,000.00 within sixty (60)
days from the date of execution of the deed by HUSBAND transferring title to WIFE.
8.
SUPPORT:
SPOUSAL SUPPORT: Both parties hereby waive and forego all financial and material
spousal support from each other and agree not to request or seek to obtain alimony, alimony
pendente lite, or spousal support before or after any divorce which may be granted.
COLLEGE SUPPORT: The parties hereby agree that each will pay one-half (1/2) of
their childrens' college expenses. The amount of support, therefore, shall be determined as
follows: the sum of tuition, room and board, and book expenses, less any loans and grants
received by the child/children; the remaining balance shall besplit equally by the parties.
5
9.
PERSONAL PROPERTY: The parties agree that the following items of personalty
listed on Exhibit "A" attached hereto which are currently in the possession of WIFE will be
tranferred to the possession of HUSBAND upon the signing of this Agreement. The parties
further agree that all other personal property has been divided to the parties' mutual satisfaction.
The WIFE hereby waives all right and title which she may have in any personal property
of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal
property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently
of any claim or right of the other party, all items of personal property of every kind, nature and
description and wherever situated, which are then owned or held by or which may hereafter
belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose
of same as fully and effectually, in all respects and for all purposes as if he or she were
unmarried.
10.
AUTOMOBILES:
(a) WIFE shall waive any and all interest which she may have in the Toyota
pick-up truck. HUSBAND shall refinance any loans associated with said vehicle within
thirty (30) days of execution of this Agreement to remove WIFE'S name from the same.
HUSBAND shall be responsible for any said outstanding loan payments and all insurance
on said vehicle and hold WIFE harmless from any obligations on said loans and
indemnify her if any claim is made against her with respect to same.
6
(b) HUSBAND agrees to waive any and all interest which he may have in
WIFE's 1994 Grand Cherokee Jeep and will sign title of said vehicle over to WIFE
within thirty (30) days of execution of this Agreement. WIFE shall be responsible for any
said outstanding loan payments and all insurance on said vehicle and hold HUSBAND
harmless from any obligations on said loans and indemnify her if any claim is made
against her with respect to same.
MARITAL DEBTS: It is further mutually agreed by and between the parties that WIFE
shall assume all liability for and pay and indemnify the HUSBAND against all debts incurred by
WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the
parties' marital separation she has not contracted or incurred any debt or 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 debts or obligations incurred by her.
HUSBAND shall assume all liability for and pay and indemnify the WIFE against all
debts incurred by HUSBAND after the date of separation. 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
7
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.
WIFE agrees to pay and remain solely responsible for the balance on the VISA credit
card in her name alone. HUSBAND agrees to pay and remain solely responsible for the balance
on the VISA credit card in his name alone. HUSBAND agrees to pay and remain solely
responsible for the balance on the MEMBERS FIRST VISA credit card held in joint names.
Each party shall indemnify and hold harmless the other with respect to any of the
obligations stated above for m ich the other party is not responsible.
12.
INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life
insurance policies currently owned by HUSBAND or WIFE shall remain their own. WIFE
waives all right, title and claim to HUSBAND'S employee benefits and any life insurance
policies owned by HUSBAND, and HUSBAND waives all right, title, and claim to any of
WIFE'S employee benefits and any life insurance policies owned by WIFE.
13.
BUSINESS INTERESTS: HUSBAND hereby waives any right, title and/or interest
that he may have in WIFE's business entities.
From the date of execution of this Agreement, WIFE shall retain all right, title and/or
interest in and to the aforesaid business entities as her sole and exclusive property.
HUSBAND hereby acknowledges that WIFE has disclosed and provided to him, for use
by his counsel and expert, all necessary documents in order to properly value the aforesaid
8
business entities, and that said valuations were made a part hereof and constituted a basis for the
terms, conditions and agreements provided for herein.
14.
INTEREST AND BANK ACCOUNTS: WIFE agrees to waive all right, title and
interest which she may have in the savings or checking or any other bank accounts of the
HUSBAND, and HUSBAND agrees to waive all interest which he has in the bank accounts of
the WIFE. HUSBAND and WIFE agree to close any such accounts still held in joint names.
15.
BREACH: If either party breaches any provision of this Agreement, the other party shall
have the right, at his or her election, to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her, and the party breaching this contract should
be responsible for payment of legal fees and costs incurred by the other in enforcing their rights
under this Agreement.
16.
ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
17.
VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel, and each party acknowledges
that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is
9
not the result of any duress or undue influence. The provisions of this Agreement are fully
understood by both parties and each party acknowledges that the Agreement is fair and equitable,
that it is being entered into voluntarily, and that it is not the result of any duress or undue
influence. 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 or any other remedies 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.
18.
ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
19.
APPLICABLE LAW; This Agreement shall be construed under the Laws of the
Commonwealth of Pennsylvania.
20.
PRIOR AGREEMENTS: It is understood and agreed that any and all property
settlement agreements which may or have been executed prior to the date and time of this
Agreement are null and void and of no effect.
10
21.
WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided,
each party may dispose of his or her property in any way, and each party hereby waives and
relinquishes any and all rights he or she may now have or hereafter acquire, under the present or
future laws of any jurisdiction, to share in the property or the estate of the other as a result of the
marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the Will of the other, and right to act as
administrator or executor of the other's estate, and each will, at the request of the other, execute,
acknowledge and deliver any and all instruments which may be necessary or advisable to carry
into effect this mutual waiver and relinquishment of all such interests, rights and claims.
22.
PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own
costs required to obtain and complete the divorce.
23.
DIVORCE: The parties both agree to cooperate with each other in obtaining a final
divorce of the manage. It is agreed that the parties will execute and file the consents necessary
to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all
the costs and legal fees of the party who is seeking the divorce.
IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day
and year first above written.
WITN SES:
ALL
(SEAL)
DENISE E. LreHMAN
A.LEHMAN
12
COMMONWEALTH OF PENNSYLVANIA
. SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this 1244 day of
2000, a Notary Public, in and for the Commonwealth of Pennsylvania and County of
Cumberland, DENISE E. LEHMAN , known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that
she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, 1 have hereunto set my hand and official seal.
Notarial Seal
Marna L. Noel, Notary Public
Carlisle Boro, Cumbedand County
My Commission Expires Sept. 18, 2003
Member, PennsyNanla Association of Notaries
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this -e-4 day of
2000, a Notary Public, in and for the Commonwealth of Pennsylvania and County of
Cumberland, CRAIG A. LEHMAN, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that
he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notarial Seal
Robin J. Goshom, Notary Public
Carlisle Boro, Cumbedarxi Coonry
My Commission Expires Apr. 17, 2003
13
EXHIBIT "A"
*Go-Kart
Combination saw
Craftman Polisher
Brinder Bench
Air Compressor
Metal Blue Bolt Bin
GE Refrigerator
*HUSBAND will list the Go-Kart for sale at $1,500.00. HUSBAND and WIFE agree to
split the proceeds from the sale equally.
14
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DENISE E. LEHMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
:99-5758 CIVIL TERM
CRAIG A. LEHMAN,
Refendant : IN DIVORCE
NOTICE OF INTENTION TO
RETAKE AND USE PRIOR NAME
I, DENISE E. LEHMAN, hereby give notice, avowing my intention to resume and
hereafter use my prior surname, to wit: DENISE E. WILSON , in accordance with the
provisions of the Act of December 16, 1982, P.L. 1309, No. 295, Section 704(a) (54 Pa. C.S.A.
704(a) ). My divorce, docketed to 99-5758 Civil Term, was granted on July 12, 2000.
I verify that the statements made in this document are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unswom falsification to authorities.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this // llrf day of
August, 2000.
WIT SS ,
-r-1 lx6t4--t/ (SEAL)
DENISE E. LEHMAN
T ME KNOWN AS: `',
6,VAJ (SEAL)
DENISE E. WILSON
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