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HomeMy WebLinkAbout07-4143STEVE LEHMER, Plaintiff, vs. DIANE LEHMER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- ~//~3 (civil T~rtv1 CIVIL ACTION -LAW IN DIVORCE N O T I C E TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested 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 Domestic Relations Office, 13 North Hanover Street, 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 STEVE LEHMER, Plaintiff, vs. DIANE LEHMER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~~- ~/y;~ CIVIL ACTION -LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. KOPE ~ ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam@kopelaw.com Attorney for Plaintiff STEVE LEHMER, IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. ° ~ `~'``~~ DIANE LEHMER, :CIVIL ACTION -LAW Defendant. IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, STEVE LEHMER, by and through his attorney, LESLEY J. BEAM, ESQ., and makes the following Complaint in Divorce: 1. The Plaintiff is STEVE LEHMER, an adult individual who currently resides at 305 James Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. All legal papers may be served on the Plaintiff through his counsel at 4660 Trindle Road, Suite 201, Camp Hill, Pennsylvania 17011. 2. The Defendant is DIANE LEHMER, an adult individual who currently resides at 305 James Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 11, 2001, at Shiremanstown Church of God in Shiremanstown, Cumberland County, Pennsylvania. 5. The Parties separated on July 9, 2007, when Plaintiff informed Defendant of his intention to proceed with a divorce, as Defendant had insisted that Plaintiff leave the marital residence, and stated that she wanted to be separated. 6. Neither the Plaintiff nor Defendant is in the military service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling and the right to request that the Court require the parties to participate in counseling. 9. Plaintiff and Defendant are both citizens of the United States. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. Paragraphs one through nine are hereby incorporated by reference herein as though fully set forth. 11. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after (90) ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE 12. Paragraphs one through eleven are hereby incorporated by reference as though fully set forth. 13. The marriage of the parties is irretrievably broken. 14. The parties are living separate and apart and at the appropriate time Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two (2) years as specified in Section 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. COUNT III REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE 15. Paragraphs one through fourteen are hereby incorporated herein by reference as though fully set forth. 16. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502(a) of the Divorce Code. 17. Plaintiff and Defendant have been unable to agree to the equitable distribution of said property, as of the date of filing of this Complaint. 18. Plaintiff requests that the Court equitably divide, distribute, or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. COUNT IV ALIMONY 19. Paragraphs one through eighteen are hereby incorporated by reference herein as though fully set forth. 20. Throughout the marriage, Plaintiff has earned substantially less than Defendant. Plaintiff does not have the means through his own earning capacity to maintain a reasonable standard of living, nor the standard the parties established during the marriage. 21. Plaintiff lacks sufficient property, including, but not limited to, any property distributed pursuant to the Divorce Code of 1980, as amended, to provide for his reasonable needs. 22. Defendant is employed, and earns a substantial income from which she is able to contribute to the support and maintenance of the Plaintiff and pay him alimony in accordance with the Divorce Code of Pennsylvania. Defendant earns approximately twice the income that Plaintiff earns, and has done so during all of the years in which the parties have been married. WHEREFORE, Plaintiff respectfully requests that the Court enter an Order awarding Plaintiff from Defendant alimony in such sums as are reasonable and adequate to support and maintain Plaintiff. COUNT V ALIMONY PENDENTE LITE, COUNSEL FEES AND COSTS 23. Paragraphs one through twenty-two are hereby incorporated by reference herein as through fully set forth. 24. By reason of the institution of the action to the above term and number, Plaintiff will be and has been put to considerable expense in the preparation of his case, in the employment of counsel, and the payment of costs. 25. Defendant's income is disproportionately higher than Plaintiffs income, and Plaintiff is without adequate income to pay the costs and expenses of this litigation, and is, likewise, without adequate income to maintain himself during the pendency of the litigation. WHEREFORE, Plaintiff respectfully requests that the Court grant an order upon Defendant compelling Defendant to pay Plaintiff alimony pendente lite, counsel fees and costs of litigation. Respectfully Submitted, KOPE & ASSOCIATES /} Date: i ( :" s ~;: Lesle am, Esq. VERIFICATION I, Steve Lehmer, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. 1 understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsi~(~ations to authorities. Dated: ~" ~ ~~ ~~ Steve n ~ ~ ~~ ~1 V D l W n r.a r-~ ---.~ -Z"1 J - ... _,..1 . -'~ ._ ' '_~ ~ f y~l W{,~ e -, ~:, - _ .. ez1 _ ~~ . >~ .. ck; -< KOPE ~ ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam@kopelaw.com Attorney for Plaintiff STEVE LEHMER, !N THE COUP.T OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.07-4143 DIANE LEHMER, :CIVIL ACTION -LAW Defendant. IN DIVORCE ACCEPTANCE OF SERVICE 1, Diane Lehmer, Defendant in the above-captioned matter, hereby accepts service of the Complaint in Divorce. I~C1~n..e ~~ Diane Leh er J Date: ~ ~1 Q~ r ,J ~- ;.~~-ri -- r -~.` a± -q ...1 (...' ~ . ~~ +:. KOPE ~ ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660, Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam@kopelaw.com STEVEN E. LEHMER, Plaintiff, vs. DIANE R. LEHMER, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.07-4143 CIVIL ACTION -LAW IN DIVORCE MARITAL SEPARATION AGREEMENT 1. This Agreement is made by and between Steven E. Lehmer of Cumberland County, Pennsylvania ("Husband") and Diane R. Lehmer of Cumberland County, Pennsylvania ("Wife"). 2. WHEREAS CLAUSES WHEREAS, the parties hereto are Husband and Wife, having been married on August 11, 2001, at Shiremanstown Church of God in Shiremanstown, Cumberland County, Pennsylvania; WHEREAS, certain differences exist between the parties and they have decided to permanently live separate and apart from each other and they intend by this Agreement to fully and finally settle all of their respective rights and obligations as between each other, including, but not necessarily limited to the settling of all interests, rights and/or obligations between them or their estates, whether arising out of their marriage, including, but not limited to: a) the past, present and future support, alimony pendente life, alimony or maintenance of either party by the other party; and (b) the ownership of all assets of whatever nature, including assets acquired by either party prior to or subsequent to the date of execution of this Agreement; 3. CONSIDERATION NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this .Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties hereto, Husband and Wife, intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 4. 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. 5. DEFINITIONS 5.01. Divorce Code. The phrase "Divorce Code" shall be defined as Pennsylvania C.S.A.. Title 23. Section 101 et seq. (effective March 19, 1991). 5.02. Date of Execution of This Agreement. The phrase "date of execution", "execution date" or "date of this Agreement" shall be defined as the date that the last party signs this Agreement. 5.03. Date of Distribution. Except as defined in Paragraph 8.5 of this Agreement, the phrase "date of distribution" of this Agreement shall be defined as the earlier of the date of: (1) death of one of the parties; or (2) the thirty-first day subsequent to the date on which an initial divorce decree is entered withou# an appeal having been taken, or, if such an appeal has been taken, on the date of receipt of notice of final confirmation of the initial divorce decree by the appellate courts. If the distribution date felts on a date when the court which entered the decree in divorce or to which appeal was taken is closed for official business, then the distribution date shall be the next day on which that court is open for official business. 5.04. Internal Revenue Code. The phrase "Internal Revenue Code" or "I.R.C." shall be defined as the Intemal Revenue Code of 1986, as amended, or any successor statute thereto. References to sections of the Intemal Revenue Code shall refer to sections of the Intemal Revenue Code as of the date of execution of this Agreement. 5.05. Asset. The word "Asset" shall be defined as anything of value, including, but not limited to, real and/or personal, tangible and/or intangible property and all financial interests however held. 5.06. Effective Date of Agreement. This Agreement shall become effective and binding upon both parties on the execution date of this Agreement. 2 6, DNORCE DECREE 6.01. The parties acknowledge that their marriage is irre#rievably broken and that they will secure a mutual consent, no-fault Divorce Decree in the above captioned divorce action. Husband has filed a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, Civil Term, 2007, No. 07-4143, seeking a divorce decree pursuant to, among other provisions, Section 3301 (c} of the Domestic Relations Code. The parties shall promptly file the affidavits and waivers required to obtain a divorce pursuant to Section 33tl1(c) of the Domestic Relation Code. As defined in the Domestic Relations Code, the parties' marriage is irretrievably broken and they do not desire marital counseling. The parties shall also take all legal steps (including, but not limited to, the timely and prompt submission of all documents and the execution of appropriate waivers of the right to file exceptions and of the right to file an appeal) necessary to ensure that a divorce pursuant to Section 3301(c} of the Domestic Relations Code is entered as soon as possible/within three' (3) months, but in any event not later than six (6) months firom the date of execution of this Agreement. 6.02. Responsibility for Proceeding With Divorce. Husband shall be responsible for the prompt filing of the Praecipe to Transmit the Record and the related required documents. Should Wife want a certified copy of the final divorce decree, Wife shall pay the required fee to secure that document. 6.03. Withdrawal cif Other Actions. The parties further shall take all legal steps necessary to ensure that all pending. petitions and actions between the parties (including, but not fimitr~d to counterclaims or petitions for economic relief), except for the divorce action referred to in Paragraph 6.01 (to the extent necessary to obtain the divorce}, are dismissed with prejudice as soon as possible and that no similar actions are instituted, except to the extent necessary to enforce the terms of this Agreement. 6.04. Penalty for D®lay. Notwithstanding the foregoing, if, after the execution of this Agreement, either party unreasonably delays or contests the obtaining of a final, unappealed divorce decree, that party shall exonerate and indemnify the other party against and ho{d the other party harmless from any liability andlor expense, including reasonable counsel fees, incurred as a result of such delay or contest in obtaining the decree. 3 7. EFFECT OF NO DIVORCE Except as otherwise provided for in this Agreement, this Agreement shall remain in full force and effect even if no final decree in divorce is entered. 8. EFFECT OF DIVORCE DECREE, INCORPORATION AND MERGER This Agreement shall continue in full force and effect after a final decree in divorce is entered in any jurisdiction, it shall survive and not merge into any such divorce, and its provisions shall not be affected by the entry of such a decree, surviving any such decree and remaining independent of any such decree. The teens of this Agreement shall be incorporated for enforcement purposes only, bu# not merged into the divorce decree. The Court entering the decree shall have all of the powers of enforcement, which, at the discretion of the nonbreaching party, shall include, but not necessarily be limited to, all of the following: for breach of contract, under theories of equity, and under the Divorce Code, including under Section 3105 (which includes contempt). The provisions of this Agreement shall not be modifiable for any reason. 9. ADWiCE OF COUNSEL Husband has been represented by Lesley J. Beam, Esquire of Kope & Associates, LLC. Wife has chosen not to retain legal counsel and Wife has chosen instead to negotiate directly with Husband and Husband's counsel, notwithstanding the fact° that counsel for Husband has advised her that she has an absolute right to be represented by counsel. Wife hereby acknowledges that she has done so willingly. Each party represents that he or she understands that, in the absence of this Agreement and as a matter of law: (1) as a surviving spouse, he or she might be entitled to a greater share in the decedent's estate than is provided for in this Agreement; and (2) as a separated and/or divorced spouse, he or she might be entitled to greater support, maintenance, alimony pendente life, counsel fees, costs, alimony, distribution of property, or other financial benefits arising from the marital relationship than is provided for in this Agreement. Notwithstanding the foregoing, the parties shall be bound by the terms of this Agreement. Each of the parties further acknowledges and agrees that, with such knowledge, and after having read this Agreement carefully and fully, this Agreement is fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith, and that its execution is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. 10. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the 4 financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been disclosure of the parties' marital assets and deb#s and the parties' respective incomes. The parties agree to waive any further disclosure and proceed with a settlement of all financial assets and/or debts. 11. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) 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; (2} to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding., and acknowledgment, both parties hereby waive the foregoing procedural rights. 12. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' rnari#al assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 13. MUTUAL RELEASES Except as otherwise expressly provided in this Agreement, Wife and Husband 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, of and from the following: A. Claims Against Proaertv or Estate: Any and all right, title, interest and/or claims in or against the other party, 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 situated, which he or she now has or at any time hereafter may have against such other party, the estate of 5 such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Convsvances: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; C. Marital Ri4hts: 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. D. Breach Exception: The foregoing shat! not apply to 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 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. 14. WAIVER OR MODIFICATION No mod cation or waiver of any of the terms hereof shah be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shalt be deemed a waiver of any subsequent default of the same or similar nature. 15. MUTUAL COOPERATION Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, 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. 16. 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. 6 16.5 NO CNTENDED THIRD-PARTY BENEfICIARIES This Agreement constitutes a contract binding between the aforementioned parties and those parties only. This Agreement provides rights and obligations only to the aforementioned parties. To the extent that this Agreement may benefit another party other than Husband or Wife either directly or indirectly, said party constitutes merely an incidental beneficiary of the Agreement and will be restricted from pursuing legal action should either Husband or Wife breach or allegedly breach this Agreement in any way. 17. 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. 18. BREACH If for any reason either Husband or Wife fails to perform his or her obligatwns awed 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 foNowing rights and remedies: A. Divorce Code Remedies: 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 statute or replacement thereof by any other similar laws. B. Damas~es: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of al{ reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies: Any other remedies provided for in law or in equity. D. Consideration for Reasonable Attorneys Fees:. Any award of "reasonable attorney's fees" as used in this paragraph shall be based on consideration of (1) the howdy rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching 7 party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shad have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 19. INCOME TAX MATTERS With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state retums. Both parties agree that in the event any deficiency in federal., state or local income tax is proposed, or any assessment of any such tax is made against either of them arising out of such joint filing, each will be responsible for payment of half of such tax and any interest, penalty or other expense arising therefrom and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. The parties agree to split equally any tax refund received from the 2006 tax year filing. B. Current Returns: The parties shall file individual tax retums for the current tax year and for every tax year hereafter. C. Preservation of Records: Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 20. EFFECT OF RECONCILIATION This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. SECTION II EQUITABLE DISTRIBUTION OF PROPERTY 21. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this 8 Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribu#e their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets. and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 22. DISTRIBUTION OF PROPERTY AND DEBTS The parties' marital assets and debts shall be divided and distributed as fo{tows: A. Marital Premises: The parties hereto jointly own real estate, specifically a house and lot known and numbered as 305 James Street, Mechanicsburg, Cumberland County, Pennsylvania (the "premises" or "residence"), ~rrently encumbered with a mortgage ("the mortgage). As regards their joint interest therein the parties agree as follows: 1. The premises are already listed for sale at a price acceptable to both parties. An offer was made upon the premises which has been accepted by the parties, namely, that the premises would be sold for one hundred and seventy nine thousand, five hundred dollars and zero cents ($179,500.00). The closing date for the sale of the premises is scheduled for September 30, 2007. In the event that the sale of the premises fails to occur as scheduled, the parties agree that the premises shall continue to be listed for sale, provided that in the event they are unable to agree upon a price, then the prig shah be fixed by a licensed real estate broker selected by both parties. The broker shall also advise the parties whether the listing price shall be lowered in the event the premises are not sold within a reasonable period of time. The parties shall cooperate and agree to lower the listing price until the price has been lowered by 30% of the original listing price. Thereafter, the price shall not be lowered unless by agreement of the parties or order of court. Neither party shall take any action which shall prevent the sale of the premises. 2. Upon the sale of the premises, the net proceeds, after deduction of all expenses, fees and taxes (including closing costs and realtor fees) in connection with the sale, and after satisfaction of the lien of the existing mortgage, shall be divided equally between the parties. 3. In the event that the premises need improvements, whether capital 9 or not, during the pendency of sale, the parties hereby stipulate and agree to pay and be equally responsible for one-half of the cost of those improvements. If one party advances that cost for the other, that party shall be reimbursed from the other party's portion of the net proceeds of sale. This Paragraph will only be binding upon the parties should the pending sale of the premises fail to occur on September 30, 2007. 4. Until the premises are sold, but in any event no later than two (2} months after execution of this Agreement, Husband and Wife agree to pay and ~ equally responsible for all taxes and assessments imposed by any township, county, or other taxing authority connected to said premises, which shall be due or become due. Husband and Wife. shall pay these taxes or assessments when due. Husband and Wife further agree to pay equally, until the premises are sold, but in any event no Later than two (2) months after execution of this Agreement, all mortgage payments, insurance, utilities, heating expenses and maintenance expenses with respect to the premises. Should the sate of the premises fail to occur within two (2} months of the execution of this Agreement, Wife may remain living in the premises, but shall be solely liable for all of the expenses contemplated by this Paragraph, including all taxes and assessments imposed by any taxing authority connected to said premises, all mortgage payments, insurance, utilities, heating expenses and maintenance expenses. 5. The parties hereby stipulate and agree that they both shall pay and be equally responsible for one-half of the net capital gains tax attributable to said sale. They shall cooperate and provide each other with all necessary documents in order to establish the effective tax basis for the premises. If one party fails to pay the portion of the capital gains tax, and the other is assessed any portion of the capital gains tax attributable to the other party who failed to pay, that party who failed to pay shalt indemnify the other with respect to the capital gains tax payment, including any necessary attorney's fees in order to collect this. 6. Conveyance: The parties agree that at the time of sale of the premises as contemplated above, Husband and Wife shall convey all of their right title and interest in the premises to the buyer of the premises (hereinafter "Buyer} without delay. The real estate agent, or other party as Husband and Wife agree, shall prepare and execute and deliver all documents in the usual form conveying, transferring and granting to Buyer all of Husband and Wife's right, title and interest in and to the residence for consideration as discussed previously. 10 7. Liens, Encumbrances and Expenses: The said conveyance shall remain subject to all existing liens and encumbrances, covenants and restrictions of record including, but not limited to, the lien of the mortgage, real estate taxes and any other municipal liens. Husband and Wife agree that upon the sale of the premises, all of the above shall be satisfied before division of the proceeds, and shall thereafter seek to remain a lien or encumbrance against either party. 8. Responsibility for Expenses--Generally. Husband and Wife represent that they will be equally responsible for all outstanding bills for the premises due prior to the date of execution of this Agreement, including, but not limited to, all real estate taxes, water and sewer rents, gas, electric, oil and telephone service, homeowner's insurance, and maintenance, repairs and improvements. 9. Commencing on the date of execution of this Agreement, Husband and Wife will share equally all present, and future liabilities andlor expenses associated with or attributable to maintaining the marital premises, including, but not limited to, all real estate taxes, water and sewer rents, gas, electric, oil service, homeowner's insurance, and maintenance, repairs and improvements, except that, should the premises fail to be sold within two (2) months of the execution of this Agreement, Wife shall be solely responsible for those liabilities and/or expenses associated with or attributable to maintaining the marital premises incurred from the date forward. Should the premises fail to be sold within two (2) months of the execution of this Agreement, Wife shall keep Husband exonerated and indemnified against and held harmless from any and all liabilities and/or expenses, including reasonable counsel fees, which arise from the parties' ownership interest in the Marital premises. B. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: 1. To Wife: a. All personal property currently in the possession of the Wife, as per the agreement of the parties. 2. To Husband: a. All personal property currently in the possession of the Husband, as per the agreement of the parties. 11 3. The parties agree that they have already divided the personal property in a manner that is agreeable to both.. C. Vehicie(sland Vehicle Loan(s): The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the vehicles have been sold or traded in prior to the date of this Agreement, and loans associated therewith, shall be divided and distributed as follows: 1. To Wife: a. 2005 Toyota Camry; and b. 1998 Ford Contour. 2. To Husband: a. 200fi Rav4; and b. 2000 Nissan Frontier. 3. The parties will be responsible for securing their own automobile insurance on the vehicles assigned to them under this document as of the date of execution of this agreement. The parties agree that each party will sole{y and fully responsible for any uncovered expenses, costs and/or liability arising from any and all incidents and/or accidents involving: their respective vehicles. 4. The parties further agreed that any loans owed on these respective vehicles will be paid in full by the party to whom ownership is assigned under this Agreement. In the event that both parties are named on any loan associated with the payment of the vehicle, the party receiving said vehicle under this Agreement shall take any and all steps to refinance the vehicle in his or her name alone. D. Title Transfer: The vehicles owned by the parties respectively should be owned in full by whatever party with whom custody of the vehicle will lie in accordance with this Agreement. If any vehicle awarded under Paragraph C above should be titled in the names of both parties, the parties shall take all steps practicable to transfer title of the vehicle into the name of the party with whom custody of the vehicle will lie in accordance with this Agreement. Said title transfer of any vehicle under this section will be made in accordance with the law within ninety (90} days of the signing of this Agreement. Ail costs of the title transfer will be the responsibility of the person receiving title. Specifically, Husband and Wife shall take all necessary steps to transfer title of the 2005 Toyota Camry into Wife's name only; Wife shall bear any costs necessary for the transfer. 12 E. Monetary Distributions: All funds in joint and separate accounts, including but not limited to savings, checking, and money marke# accounts, should be divided and distributed as follows: 1. To Wife: Any funds in Wife's separate accounts. In addition, Wife shall receive the sum of one thousand dollars (1,000.00) from Husband no later than thirty (30) days from the entry of a divorce decree in this matter. 2. To Husband: Any funds in Husband's separate accounts. 3. All funds in the joint accounts shall be used for existing joint bills, including but not limited to the joint credit card, consolidation loan, utility bills for the residence, and the tike. F. Investments: The parties' shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: 1. To Wife: Any shares currently in her possession or name. 2. To Husband: Any shares currently in his possession or name. G. Life Insurance: The parties' life insurance policies and the cash value of said policies shall remain in the possession of the party under whose name the policy is held. Neither party is entitled to the value or a portion of the value of the life insurance policy of his/her current spouse. H. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Pian, 401(x) Plan, Keogh Plan, Stock Plan, Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 1. To Wife: All funds held in plans in Wife's name only. 2. To Husband: All funds held in plans in Husband's name only. I. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: 1. To Husband: Husband shall be solely liable for and shalt timely pay the following debts: 13 a. The Sam's Club credit card balance, and any other credit cards, loans, debts and liabilities incurred in Husband's individual name. b. '/2 of the amount owed on the Visa credit card through Members 1st Federal Credit Union as of July 9, 2007, said amount in total owed as two thousand and sixty dollars and thirty-eight cents (2,060.38). Husband's share of this amount shall be one thousand and thirty dollars and nineteen cents (;1,030.19) and shall be paid upon the receipt of his proceeds ftom the sale of the marital residence, i.e., no later than fourteen (14) days from receipt of his share of the proceeds ftom-the sale of the marital residence. c. Husband shall be solely responsible for a!1 monies owed to Husband's parents, Richard and Rosalie Lehmer, monies loaned to Husband as financial assistance during Husband's period of unemployment due to workplace in)ury and/or. disability. As Husband shall be solely liable for the monies owed to parents, Husband. will have sole rights to any money received as compensation for either the injury and/or disability itself, or as compensation for any pay he did not receive during that period of unemployment. 2. To Wife: Wife shall be solely liable for and shall timely pay the following debts: a. Any credit cards, loans, debts and liabilities incurred in Wife's individual name. b. '/Z of the amount owed on the Visa credit card through Members 1st Federal Credit Union as of Juty 9, 2007, said amount in total owed as two thousand and sixty dollars and thirty-eight cents ($2,060.38). Wife's share of this amount shall be one thousand and thirty dollars and nineteen cents ($1,030.19) and shah be paid upon the receipt of her proceeds from the sale of the marital residence, i.e., no later than fourteen (14) days from receipt of her share of the proceeds from the sale of the marital residence. 3. From July 9, 2007, any interest and late charges on the Visa credit card through Members 1st Federal Credit Union shall be paid equally by the parties, upon receipt of each party's share of the proceeds from the sale of the marital residence. The parties 14 hereby agree that all remaining debt on ,this Visa credit card shall be paid no later than fourteen days (14} after. bath parties have received their share of the proceeds from the sale of the manta! residence. 4. From the date of execution of this Agreement, Husband and Wife agree that each will secure credit cards in his or her name only, and will not gamer any additional debt in the name of both parties. From the da#e of execution of this Agreement, Husband and Wife agree that any joint credit accounts will, be closed, and the debt, beyond that specifically referenced above, will be shared equally by the parties. J. Ownershia of the Parties' Pets: The parties' four (4) pets shall be distributed as follows: 1. Husband will heretofore have sole ownership and responsibility for the parties' Chihuahua named Mia. 2. Wife will heretofore have sole ownership and responsibility for the parties' Chihuahua named Chino, and the parties' two domestic cats named Tommy and Teddy. SECTION {II COUNSEL FEES, SPOUSAL SUPPORT, APL, AND ALIMONY 23. COUNSEL FEES: The parties agree that all counsel fees and expenses incurred by Husband in connection with the parties' marital dissolution (including divorce, custody and support) shall be split evenly, i.e., with each party paying 50°~. "Counsel fees and expenses incurred by Husband in connectian with the parties' marital dissolution" shall mean counsel fees and costs billed by Husband's counsel (to include filing fees, postage and photocopy costs) charged since the date Husband's counsel was retained until the date of the receipt of a final divorce decree, whichever comes later. The amount of fees and expenses to be paid by Wife as delineated above will be paid by Wife to Husband no later than the 30th day following the entry of the Divorce Decree. Husband hereby agrees to produce, and Wife hereby acknowledges that she will 15 receive, copies of all billing statements of Husband's counsel through the end of the month in which the Divorce Decree will be received. Wife waives any right to challenge the hourly rate of Husband's counsel or the hourly rate of any paralegal in the office of Husband's counsel. Wife also waives any right to challenge the minimum billing unit charged by the office of Husband's counsel. 24. ALIMONY, APL, AND SUPPORT: The parties acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources for their comfort, maintenance and support. The parties acknowledge that the cost of living may increase or decrease, that their respective estates may increase or decrease in value, that either .may be employed or unemployed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the temis of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge, give up and release any and all rights and claims which they may now or hereafter have by reason of the parties' marriage, separation or divorce to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a Court of law oc equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. From the execution date of this Agreement it shall be the sole responsibility of each party to sustain himself or herself without seeking any support from. the other. 25. HEALTH INSURANCE FOR WIFE AND HUSBAND. Husband and Wife hereby represent that they have secured health insurance coverage for their respective selves. The parties agree to continue to pay for and secure health insurance coverage for their respective selves. The parties hereby agree that as of the date of execution of this Agreement and for all times forward, no party shall be responsible for the costs of health care coverage of the other. 26. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. Final Equitable Distribution of Proaerty: The division and distribution of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, 16 both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the. assets that he or she is to receive as his or her sole and separate, property and he or she is fully aware.. of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Personal#v Transfier: if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than fifteen (15) days from the date of this Agreement. D. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. E. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shalt take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefore. F. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marita{ debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. 17 G. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other .party harmless from and against any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. H. Cancellation of Joint Debts: Any joint debt shat) be cancelled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. I. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. J. No .Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which: that party is individually and solely liable. and the parties shall cooperate in closing any remaining accounts which provide for joint liability. K. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party or the other party's estate might be responsible. SECTION III CLOSING PROVISIONS AND EXECUTION 29. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but ail of which shall constitute one and the same agreement. 30. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 18 31. BINDING EFFECT. By signing this agreemen#, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: (SEAL) Date: ~^0202 'ar~C~7 ~~~ Y~ (SEAL) Diane R. Lehmer Date: ~ 3 0~1 19 Steven E. Lehmer < .'~. COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, theo~~ day of U~L~/, 2007, before me, a Notary Public, the undersigned officer, personally appe a Steven E. Lehmer, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. ~IQ~QF PENNS X111 A. ~ANEA, Nolary PuMt ~ IM oaa, Cua~nd Notary Public: COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, the day of 2007, before me, a Notary Public, the undersigned officer, personally appear Diane R. Lehmer, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. OF P N i111L ~r ~~~ ~E1H A. ~EIIMER, Nullry PIIbNf Notary Public: (, Crap 1Yi aor+a, Cumbrtrid 20 A!N!~v}"'."" o a0 N!~,~1~?MVlS~1+iUMt3 1r . !p?f~A [?N ;Nldu91(~ewA ,A31N.A3g ,A HT3d X03 gna!»dmu~ ,.a~8 i qmd OtOS 8 .tce,? as~i~x~ ;~~~2~,mm C7 t.- ~""-' C~^ ,: ~,- ~::: _ _ 2.~ i _, --~ .` ltiVtAVN2N4'~~ ~~~ N1')~ 3VYi3Jl4',MJ~ aNdrttq 1~1~51 ~ ~~38 A ~ bnsltsd,ruJ , ato8 3lfH Grnr3 N -.~, ~.,~ --~ GCi ~ ~ -~- `:~ t,7 ->3 i ~+ (.~' ~7 t: ri -'~~1 KOPE 8~ ASSOCIATES BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 abeam a~kopeiaw.com Attorney for Plaintiff STEVEN E. LEHMER, IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.07-4143 DIANE R. LEHMER, :CIVIL ACTION -LAW Defendant. IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on July 13, 2007. 2. The complaint was served by first class and certified mail, and an acceptance of service of said complaint was signed by Diane Lehmer on July 20 2007. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: (O 2-oZ ~~~ Iv l ~( Diane R. Lehmer L"~ ''" ~ ~ _ ~ ~ ~ _ ~ -~'t ITT ` ,~ ~,. ~7 fir J ~:.. -~ _- [ - i ;~ ~ 'y~.~~.:_. ~ ~~ <~ .~ ~+,1 "` KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com STEVEN E. LEHMER, Plaintiff, vs. DIANE R. LEHMER, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4143 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301 (c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 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. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 0 ~~~Y~. ~ -~~ y~J Diane R. Lehmer f7 ~`~ ~ ~ :r ~ } : . ,~ ~ ~, ~ 'rte KOPE ~ ASSOCIATES BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam@kopelaw.com Attorney for Plaintiff STEVEN E. LEHMER, IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.07-4143 DIANE R. LEHMER, :CIVIL ACTION -LAW Defendant. IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on July 13, 2007. 2. The complaint was served by first class and certified mail, and an acceptance of service of said complaint was signed by Diane Lehmer on July 20 2007. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: /~ ~~ ~' Stev n E Lehmer ~ ~ C7 .K~w; ..'..~ -.rYSn~..., r ~< ~ ,. - ~ ~ ~ ..~; ~ `_ ~ ~`- ' ; ,_ ~_ c~ , cao KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam@kopelaw.com STEVEN E. LEHMER, Plaintiff, vs. DIANE R. LEHMER, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4143 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301 (c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 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. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to tl~ penalties of 18 Pa.C.S. § 4904 relatin to unsworn falsification to authorities. Date: / G as ~ Stev n . Lehmer C`7 a ~ ~~ ~ FC..... .i.„_ ~ ..q ~ t ' ~ 'i3~+~ ~% {'. ~ ~=_ ~''~ ~ q .. i._ -s i .~: [ ~ ~~ 4 '~ IN THE COURT OF COMMON PLEAS STEVEN E. LEHMER CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION DIANE R. LEHMER NO 07-4143 CIVIL TERM PR~IECIPE 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§3301 (c) ~~kj~f #]~c~il~t~CB~~x (Strike out inapplicable section). 2. Date and manner of service of the complaint: Acceptance of service signed by the Defendant on July 20, 2007. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff 10/22/2007 by defendant 10/22/2007 (b) (1) Date of execution of the off. idavit required by §3301 (d) of the Divorce Code: (~) Qate of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending; There is a marital separation agreement executed on August 22, 2007 that is incorporated for enforcement purposes only but not merged. 5. Complete either (a) or O. (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 of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed .with the Prothonotary: 10 / 2 4/ 2 0 0 7 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: t-,.,., - .... A `Xm ! } f ~. ...i .'~. 1 N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. =~~ ~. STEVEN E. LEHMER NO. 07-4143 VERSUS DIANE R. LEHMER DECREE IN DIVORCE AND NOW, ~ IT IS ORDERED AND DECREED THAT STEVEN E. LEHMER AND DIANE R. LEHMER ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, 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 PROTHONOTARY ~, ' . .. ~ ~~ ~ ~~' , .r • , ~i ~i