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HomeMy WebLinkAbout03-4880 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTY J. LEHMAN vs. JEREMY L. LEHM3tN : Civil Action - Law NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree or 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 grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSE 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 CAArNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. County Referral Officer Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 697-0371 (717) 240-6200 FONESIFER ',ID KELLEY C:\My Documents\LEHMANKRISTY.DIVORCE 9/8/03 (10:12 am) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTY J. LEHMAN VS. JEREMY L. LEHMAN : Civil Action - Law COMPLAINT 2003, comes the Plaintiff, Kristy J. Lehman, by and through her attorneys, Stonesifer and Kelley, P.C., and files the within Complaint in Divorce against Jeremy L. Lehman, upon a cause of action whereof the following is a statement: 1. Plaintiff is Kristy J. Lehman, an adult individual, with an address of 450 South Third Street, Apartment 4, Lemoyne, Pennsylvania 17043. 2. Defendant is Jeremy L. Lehman, an adult individual, with an address of 500 S. Spring Garden Street, Carlisle, Pennsylvania 17013. STONESIFER AND KELLEY 3. Plaintiff has been a bona fide residence of Commonwealth of Pennsylvania for at least six months the C:\My Documents\LEHM~kNKRISTY.DIVORCE 9/8/03 (10:12 am) previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 14, 1997 at Winchester, Virginia. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither the Plaintiff nor the Defendant are currently members of the Armed Forces of the United States. 7. The marriage of the parties is irretrievably broken. 8. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. Plaintiff requests your Honorable Court to enter a Decree of Divorce. STONESIFER AND KELLEY :C:~My Documents\LEHMANKRISTY.DIVORCE 9/8/03 (10:12 am) WHEREFORE, Plaintiff prays this Honorable Court to grant the relief requested. Respectfull~bmitted, STONEY Sc~'t ~.~Ke±±~, Esquire I.D. #~/~ ~ 209 BrOadway Hanover, PA 17331 Attorney for Plaintiff STONESIFER AND KELLEY C:DW4~204. AFFIDAVIT The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in order to represent me in the lawsuit. The language contained in the pleading is that of counsel and not my own. I have read the Divorce Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of Pa.C.S. Section 4094 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. STONESIFER AND KELLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTY J. LEHMAN : NO. 03-S-4880 : Civil Action - Law JEREMY L. LEHMAN : Divorce SFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 16, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 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. eremy L. ~hm~-~ STONESIFER AND KELLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I KRISTY J. LEHMAN : NO. 03-S-4880 : Civil Action - Law JEREMY L. LEHMAN : Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE STONESIFER AND KELLEY 1. I consent to the entry of a final decree of 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 the foregoing are true and Correct. I understand[ that false statements herein §4904, Date are made subject to the penalties of 18 Pa. C.S. relating to unsworn falsification to authorities. e~emy L ./~ehman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVAN'IA ,' KRISTY j. LEHMAN : NO. 03-S-4880 vs. : , : Civil Action _ ,' JEREMY L. LEHMAN : : Divorce Law AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) the Divorce Code was filed on September 16, 2003. 2. The marriage of plaintiff and defendant ,,' irretrievably broken and ninety days , the date of filing and Service of the 3. I consent to the entry of divorce after service of notice of' entry of the decree. of have elapsed from Complaint. a final decree of intention to request 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. ~TONESIFER M'qD KELLEY ~TONESIFER kN, D KELLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNs YLVA~rZA KRIST¥ J. LEHMAN VS. ,' JEREMy L. LEHMAN NO. 03-S-4880 Civil Action - Law Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRy OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I COnsent to the entry of a final decree of divorce without notice. 2. I understand that I may :lOse rights Concern'lng ,, alimony, division of property, lawyer,~ 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 Se sent to i'~e immediately after it is filed with the Prothonotary. I verify that the Statements made in the foregoing are true and Correct. I understand that false statements herein are made subject to the penalties of 18 pa. ~c.s. , ~4904, relating to Unsworn falsification to auth0rit~esf ,' Date C:\Documents and Settings\Owner\My Documents\marriage settlement agreement Lehman.wpd MARITAL SETTLEMENT AGREEMENT STONESIFER AND KELLEY This Marital Settlement Agreement is made this ~bx~ day !of .~,a~ , 2004, by and between Kristy J. iLehman, of Lemoyne, Pennsylvania, hereinafter referred to las "Wife", and Jeremy L. Lehman, of Carlisle, Pennsylvania, hereinafter referred to as "Husband"; Witnesseth: WHEREAS, the parties hereto are Husband and Wife, having been married on November 14, 1997; and WHERF~%S, certain differences exist between the parties and they have decided to permanently live separate .and apart from each other and they intend by this I Agreement to fully and finally settle all of their respective rights and obligations as between each other, including, but not necessarily limited to: (1) the settling of all interests, rights and/or obligations between them or their estates, whether arising lout of their marriage, including, ]out not limited to: a) 'the past, present and future support, alimony pendente lite, alimony or maintenance of ei-sher 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; (2) the settling of all matters between them I relating to the past and present support and/or i!maintenance of the Children. !of NOW, THEREFORE, in consideration of the premises and the mutual promises, covenants and undertakings set Iforth in nhis Agreement and for o~ther good and valuable consideration, the receipt and adequacy of which is hereby lacknowledged by each of the parties, Wife and Husband, iintending to be legally bound hereby, covenant and agree ~as follows: C: \Documents and Settings\Owner\My Documents\marziage'a settlement agreement Lehman.wpd STONESIFER AND KELLEY 1. ADVICE OF COUNSEL. Wife has been represented by Scott L. Kellgy, Esquire, of the law firm of Stonesifer and Kelley, P.C. Husband has been represented by Dale F. Shughart, Jr., Esquire. 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 lentitled to greater support, maintenance, alimony pendente lite, counsel fees, costs, alimony, distribution of Iproperty, or other financial benefit 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, iland 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 iduress, undue influence, coercion, collusion and/or :improper or illegal agreement. 2. DEFINITIONS. 2.1. Divorce Code. The phrase "Divorce Code" shall be defined as Pennsylvania C.S.A., Title 23, Section 101 et seq. (effective March 19, 1991). 2.2. Date of Execution of This Aqreement. The phrase "date of execution" or "execution date" shall be defined as the date that the last party signs this Agreement. 2.3. Internal Revenue Code. The phrase "Internal Revenue Code" or "I.R.C." shall be defined as the Internal Revenue Code of 1986, as amended, or any successor statute thereto. References to sections of the Internal Revenue Code shall refer to sections of the Internal Revenue Code as of the date of execution of this Agreement. -2- C:\Documents and Sestings\Owner\My Documents\marriage settlement agreement Lehman.wpd STONESIFER AND KELLEY 2.4. 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. 2.5. Effective Date 9f Aqreement. This Agreement shall become effective and binding upon both parties on the execution date of this Agreement. 3. EFFECT OF DIVORCE DECREE. This Agreement shall continue in full force and effect ~fter 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 terms of this Agreement shall be incorporated for enforcement purposes only, but not merged into the divorce decree. Therefore, should either party obtain an order of separation or divorce in any jurisdiction, that party shall take all reasonable steps to have this Agreement incorporated for enforcement [!purposes only, but not merged as part of any such order. 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 Itimited 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). 4. AGREEMENT NOT ~ BAR TO. DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce on lawful grounds if such grounds now exist or shall hereafter exist lot to such defense as may be available to either party. However, this Agreement is not intended to be conducive to a divorce and shall not be deemed to be a condonation on I the part of either party hereto of any act or acts on the Ipart of the other party which have occasioned the disputes ,or unhappy differences which have occurred prior to or 'which may occur subsequent to the date hereof. Wife previously filed a divoroe action in the Court Iof Common Pleas of Cumberland County, Pennsylvania, ,seeking a divorce decree pursuant to, among other ~. C:\Documents and Settings\Owner\My Documents\marriage settlement agreement Lehman.wpd STONESIFER AND KELLEY )rovisions, Section 3301(c) of the Divorce Code. The parties shall, as soon as permitted by the Divorce Code, promptly execute and file the affidavits and waivers required to obtain a divorce pursuant to ~ 3301(c) of the iDivorce Code. As defined in the Divorce Code, the parties' marriage is irretrievably broken and they do not idesire marital counseling. The parties shall also take all legal steps necessary to ensure that a divorce pursuant to ~ 3301(c) of the Divorce Code is entered as soon as possible. Husband Ishall be responsible for the prompt filing of the Praecipe to Transmit the Record and the affidavits, waivers and related required documents necessary to obtain the divorce decree. .I 5. PERSONAL RIGHTS. Each party shall be free from I any direct or indirect interference by the other in his or Iher personal and business activities as of and from the 'date of execution of this Agreement. Except as may iotherwise be set forth in this Agreement, each party may 'reside wherever and with whomever he or she desires. The parties shall not interfere with, harass, or malign each !other or the respective families,, friends, colleagues, employers or employees of each other. Neither party shall enter the residence of the other party without the express ipermission of the other party. 6. FINANCIAL ASSET DISCLOSURE. Husband and Wife irepresent and warrant that they have disclosed to each other in full their respective assets, liabilities and income, that they have been given ample opportunity to identify, analyze and value the assets titled in the name of or held for the benefit of the other party and that this Agreement was negotiated and entered into on the ~ basis of those disclosures and their substantial accuracy. ' The parties waive their rights to require the filing of a I formal Inventory and Appraisement and a formal Income and Expense Statement by the other, although they have been I!advised that they each have the legal right to such ,Idisclosures prior to entering into this Agreement. By 'executing this Agreement, the parties are acknowledging !satisfaction with the information ]presently available to them. -4- STONESIFER AND KELLEY 209 Broadway Hanover, Pennsylvania 17331 717-632-0163 Documents and Settings\Owner\My Documents\marriage settlement agreement Lehman.wpd The parties further acknowledge that they are aware that, but for this Agreement, they might be entitled to additional formal discovery, including by review of idocuments, inspections, interrogatories, depositions or ,otherwise. Notwithstanding the foregoing, any further disclosure and any further statement in this Agreement regarding disclosure, is specifically waived, and each party waives any right which he/she may have to receive such additional disclosure or to challenge the validity of II this Agreement on the grounds that he/she did not pursue ,such additional disclosure, or that this Agreement is therefore inequitable, unconscionable or does not make a !reasonable provision for one or the other of them. 7. E__Q~_ITABLE DISTRIBUTION. The parties have iattempted to distribute their marital property in a manner ilwhich conforms to the criteria set forth in ~ 3502 of the !Divorce Code, taking into account the following Iconsiderations: the length of the marriage; the fact that it is the first marriage for Husband and the second imarriage for Wife; the age, health, station, amount and ~sources of income; contribution of each party to the ieducation, training or increased earning power of the !other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each property, including the contribution for each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected lwithout the introduction of outside funds or other 'property not constituting marital property. The division !of property under this Agreement shall be in full satisfaction of all marital rights of the parties. 8. REAL ESTATE. Husband agrees to execute all documents to convey his interest in the marital home to Wife. Wife shall have sole possession of said property -5- C:\Documents and Settings\Owner\My Documents\marriage settlement agreement Lehman.wpd STONESIFER AND KELLEY ~ and agrees to assume as her sole obligation any and all mortgage payments, taxes, utility charges, insurance, repairs, claims, damages and other expenses incurred with isaid property. Wife covenants and agrees to indemnify and hold Husband harmless from any such liabilities, 'obligations, or claims or demands as result thereof. iPursuant to said conveyance of the property to Wife alone, !Wife shall refinance the property, removing Husband from future liability. Wife expressly agrees to assume the Ifull responsibility for any recording fees, costs or ~expenses incident to the transfer of the aforesaid property to Wife by Husband, and Wife shall be responsible ,for all taxes and debts attached to the aforesaid property. 9. PERSONAL PROPERTY. The parties agree that all marital personal property shall be satisfactorily divided ibetween the parties, and each party shall and does hereby i!set over, transfer and assign to the other party all of his or her right, title, claim and/or interest in and to all of the personal property in the control of or )ossession of the other party, including, but not limited to, all furniture, furnishings, household appliances and equipment, art work and jewelry. 10. BANK ACCOUNTS. The parties agree that all bank .laccounts have been divided to the parties' satisfaction as the date of execution of this Agreement. I 11. RETIREMENT BENEFITS. Husband and Wife hereby specifically release and waive any and all interest, iclaim, or right that he or she may have to any and all ~ retirement benefits (including, without limitation, !pension or profit sharing benefits and/or benefits from 401(k) plans and/or Individual Retirement Accounts) or other similar benefits of the other party. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar Act that may be required from time to time to accomplish the purposes of 'this subparagraph. Both parties shall execute and take all such steps as may be necessary to effectuate a spousal consent (in accordance with the appropriate provisions of the other party's retirement plan) allowing the other party to designate any beneficiary as the other party elects to receive amounts that may }De payable under his or -6- C:\Documents and Settings\Owner\My Documents\marriage settlement agreement Lehman.wpd STONESIFER AND KELLEY her retirement plan upon his or her death, and each party shall agree to any changes to such beneficiary designation made by the other party prior to dissolution of marriage. 12. INTE____NDE___~D TAX EFFECT OF ~VISION O__F PROPERTY. By !lthis Agreement, the parties have intended to effectuate an 'equal division of their marital property. The parties ilhave determined that such equal division conforms to a .right and just standard with regard to the rights of each ilparty. The division of existing marital property is not, ~ except as may be otherwise expressly provided herein, 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. As a part of the equal division of the marital properties and the marital settlement herein contained, the parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the I division of the property as herein provided. 13. RIGHTS I__N PROPERTY. Except as otherwise Iprovided for in this Agreement, each party shall keep and Iretain sole ownership, control and enjoyment of all assets iretained by him or her, transferred to him or her pursuant :to the terms of this Agreement, titled in his or her name ior in his or her possession or control as of the date of execution of this Agreement (provided that the existence iand value of such property was disclosed to the other ~'party prior to the date of execution of this Agreement), including all appreciation on those assets and all . increments in value in those assets, and all assets .acquired in exchange for those assets, free and clear of any claim, right or interest by the other party '(including, without limitation, any claim or right to dower, curtesy, equitable distribution or other allocation .ior division of such property upon divorce under the laws ,of the Commonwealth of Pennsylvania or any other jurisdiction) and each party shall have the exclusive fright to dispose of such assets without interference or restraint by the other (except as .otherwise provided for !in this Agreement) as if the marriage had not taken place land he or she had remained unmarried. Except as otherwise provided in this Agreement, the party having ownership or ~lpossession of an asset pursuant to the terms of this -7- , C:\pocuments and Settings\Owner\My Documents\marriage settlement agreement Lehman.wpd STONESIFER AND KELLEY Agreement shall keep the other party indemnified against and held harmless from any liability or expense, including reasonable counsel fees, which is incurred in connection with such asset. 14. WARRANTY AS TO EXISTING AND FUTURE OBLIGATIONS. During the course of the marriage, Husband and Wife have incurred certain liabilities. The parties acknowledge that all joint credit cards have been cancelled, and that 'lno debts are owed as a result of the use of said credit cards. Each party further represents, covenants and i warrants that, to the best of his or her knowledge and 'except as specifically otherwise provided for by the terms . of this Agreement, as of the date of execution of this Agreement: a) no unpaid liabilities remain which were i!incurred by him or her or on his or her behalf for which the other party may be deemed liable; b) there are no i!actions, suits or proceedings ]pending or threatened against Husband and/or Wife or affecting any jointly held ,properties or rights, at law or in equity or before any federal, state, municipal or other governmental agency, !nor is Husband or Wife aware of any facts which to his or iher knowledge might result in any such action, suit or 'proceeding; c) if any such liabilities, actions, suits or Iproceedings should be determined to have existed as of the date of execution of this Agreement or thereafter, the !party who incurred that debt shall exonerate and indemnify the other party against and hold the other party harmless ifrom any liability or expense, including counsel fees, .incurred as a result of those liabilities; and d) he or she shall not incur any liability whatsoever in the future ifor which the other party or the estate of the other party i may be liable, and shall exonerate and indemnify the other iparty against and hold the other party harmless from any such damages resulting from such liability, including reasonable counsel fees, incurred by the other party. 15. BANKRUPTCY O__R ~EORGANIZ___~ATIO___~N RROCEEDINGS. The !parties acknowledge and agree that they have specifically structured this Agreement so t~at the payments and obligations made herein by each party shall be non- i!dischargeable in bankruptcy, in accordance with 11 U.S.C. 1~523(a) (5), ~523(a) (15), or otherwise. In the event either 'party files bankruptcy and such obligations are determined !by a bankruptcy court to be dischargeable in bankruptcy, -8- C:\Documents and Settings\Owner\My Documents\marriage settlement agreement Lehman.wpd STONESIFER AND KELLEY the filing party agrees that such determination shall automatically entitle the other party to the entry of an award of alimony in an amount commensurate with whatever obligation he or she has incurred, or with the total of any and all payments or transfers: he or she has lost as the result of the other party hsving filed bankruptcy, including attorney's fees, which award shall be adjusted upward taking into consideration the additional tax ramifications attributable to such alimony award. The parties further acknowledge and agree that, as part of the consideration for the making of this Agreement, the indebtedness created by the terms, covenants and conditions set forth herein is either: (a) for alimony to, maintenance for or support of the party not filing bankruptcy (hereafter tlhe "non-filing party"); and/or (b) the party filing bankruptcy, (hereafter the "filing party"), has the ability to pay such debt from income or property not reasonably necessary to be expended for the maintenance or support of the filing party or of a dependent of the filing party, or if such party is engaged in a business, for the payment of expenditures necessary for the continuation, preservation and operation of such business; and/or (c) discharging such debt would Inot result in a benefit to the filing party that would outweigh the detrimental consequences to the non-filing Iparty or a child of the filing party. In the event that either party becomes a debtor in ~ any bankruptcy or financial reorganization proceeding of i!any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to Ithe provisions of this Agreement, the debtor-spouse hereby i waives, releases and relinquishes any right to claim any lexemption (whether granted under state or federal law) to i any property remaining in the possession of the debtor as la defense to any claim pursuant hereto by the creditor- spouse, and the debtor-spouse hereby assigns, transfers iand conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, iincluding all attorney's fees and costs incurred in the ,enforcement of this paragraph or any other provision of Ithis Agreement. No obligation created by this Agreement -9- C:\Documents and Settings\Owner\My Documents\marriage settlement agreement Lehman.wpd STONESIFER AND KELLEY A proJ~ional Corporation ATTORNEYS AT LAW 209 B~oadway Hanover, Pennsylvania 17331 717 632-0163 ilshall be discharged or dischargeable regardless of federal 'or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 16. INCOME TAX DEDUCTIONS, FILING AND CLAIMS. In Ithe event the parties elect to file any joint income tax i!returns at any such time, each party shall pay taxes I resulting from the filing of such income tax returns based iupon the percentage determined by dividing that party's ladjusted gross income (i.e. line 33 of I.R.S. Form 1040) by the parties' total adjusted gross income, as reported on such returns, with any refunds with respect to any such joint returns to be distributed between the parties in a manner so that each party shall have paid his or her respective tax liability as determined by this paragraph 15. 17. MUTUAL WAIVERS AND RELEASES. Except as may ~otherwise be specifically provided for in this Agreement, this Agreement constitutes a full and final resolution of any and all claims which each of the parties ever had, now have or may have in the future against the other party !and/or the estate of the other party, including, but not limited to, claims based on their status as Husband and Wife. Therefore, except for all rights and obligations specifically arising under this Agreement, the parties each do, for themselves and for tlheir heirs, executors, administrators, successors, and agents, hereby mutually waive, remise, release, quitclaim and forever discharge the other party and the heirs, executors, administrators, successors and agents of the other party, for all time to come and for all purposes whatsoever, of and from any and all right, title, interest, cause of action and/or claim in or against the other (except for divorce), or the assets of the other, or against the estate of the other, of whatever nature (including, but not limited to, the assets identified pursuant to this Agreement as belonging i to the other party, any income and/or gain from such ~property, and any assets of whatever nature acquired by ilthe other party prior to or subsequent to the date of execution of this Agreement) and wlhich he or she now has Ior at any time in the future may have against the other, the estate of the other or any part thereof, whether in law or in equity, whether known or unknown, matured or -10- C:\Documents and Settings\Owner\My Documents\marriage settlement agreement Lehman.wpd STONESIFER AND KELLEY unmatured, and whether arising under the laws of any jurisdiction, and including, but not limited to, the following: (i) out of any former acts, contracts, engagements or liabilities of such other; (ii) pursuant to inheritance, elective and/or intestate rights to the other party's estate, including, without limitation, claims for ~ dower, curtesy, widow's or widower's rights, family I:exemption, a distributive share, survivor's allowance, ,! ~ benefits under a retirement plan, under the intestate laws, the right to take against the deceased spouse's ! Will, the right to treat a lifetime conveyance by the ,other as testamentary, and all other rights of a surviving Ispouse to challenge a deceased spouse's Will, challenge the other party's Will, elect to take against the other party's Will, and/or participate in a deceased spouse's estate as administrator, executor or otherwise; (iii) right to share in any retirement benefits for the other spouse, except social security; and (iv) for past, present or future support or maintenance, alimony, alimony !pendente lite, property division (including, but not necessarily limited to, equitable distribution), counsel fees, costs or expenses, whether arising as a result of !the marital relation or otherwise, whether under the Divorce Code or otherwise. 18. RELEASE O__FTESTAMENTARY .CLAIMS. Effective upon 'the execution of this Agreement, each of the parties icovenants and agrees that a) each of the arties shall h . . . P i~? the right to dispose of his or her property by last i~lll, or o5nerwise, as he or she chooses, without any Iclaim by the other party; b) the estate of each of the I parties, of whatever nature, shall belong to whoever would Ihave been entitled to it, as if the decedent had been the ilast to die; c) each party shall permit any Will of the other to be probated and allow administration upon his or lher estate of whatever nature to be taken out by whoever Iwould have been entitled to do so had Husband or Wife died during the lifetime of the other; d) neither Husband nor IWife shall claim against or contest the Will and/or the estate of the other; and e) each of the parties covenants and agrees for himself and herself and his or her heirs, i:executors, administrators and assigns, that he or she will ~lnever at any time hereafter sue the other party or his or iher heirs, executors, administrators, or assigns, for the -11- . .' ,' C:\Documents and Settings\Owner\My Documents\marriage settlement agreement Lehman.wpd STONESIFER AND KELLEY purpose of enforcing any of the rights relinquished under this subparagraph. 19. WAIVER OR MODIFICATION TO B__E I__N WRITING. No modification or waiver of any of the terms of this IAgreement shall be valid unless in writing and signed by i'both parties, or unless ordered by a court of competent jurisdiction. iremai~0. NO WAIVER OF DEFAULT. This Agreement shall .. in full force and effect unless and until ~ terminated under and pursuant to the terms of this Agreement. No waiver of any breach or default of this i Agreement shall be deemed a waiver of any subsequent default of the same or similar nature or a waiver of i!strict performance of any other cbligations pursuant to ,the terms of this Agreement. The failure of either party Ito insist upon strict performance of any of the terms of I this Agreement shall in no way affect the right of such iparty to enforce those terms in the future. 21. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and iall prior agreements and negotiations between them. There !are no other express or implied, oral or written ~representations, terms, covenants, conditions, agreements Ior warranties, of any nature whatsoever, other than those expressly set forth in this Agreement. 22. WAIVER O__F ILLEGALITY. The parties believe that 'all of the provisions of this Agreement are lawful and !!enforceable. However, Husband and Wife each knowingly and i!understandingly waive any and all possible claims that 'this Agreement is, for any reason, illegal or lunenforceable in whole or in part. Husband and Wife shall ,forever be estopped from asserting any illegality or !unenforceability as to any provision of this Agreement. 23. SEVERABILITY If any provision of this Agreement shall be finally determined or declared to be ~invalid, then only that provision shall be stricken from !this Agreement and in all other respects this Agreement shall be valid and shall continue in full force and ieffect. The failure of any party to meet her or his obligations under any provision of this Agreement, with -12- C:\Documents and Settings\Owner\My Documents\marriage settlement agreement Lehman.wpd STONESIFER AND KELLEY the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 24. AGREEMENT BINDING UPON AND BE__NEFITTING HEIRS. This Agreement shall be binding upon and shall-~nure to the benefit of the parties to this Agreement and their respective heirs, executors, administrators, successors iand agents. 25. MUTUAL COOPERATION. Each party shall promptly take all reasonable steps for the purpose of giving full force and effect to the provisions of this Agreement, including executing any documents necessary or desirable therefor that the other party may reasonably request. Such request shall be fulfilled within ten (10) days after !receipt of written demand therefor, unless a longer period is reasonably necessary. 26. REMEDIES I__N THE EVENT OF ~ BREACH. In the event of a breach of any of the provisions of this Agreement by ione of the parties, the remedies available to the non- i!breaching party are cumulative and include all remedies at law and in equity, including those for breach of contract, ~iunder theories of equity, under the Divorce Code, as [~amended, including Section 3105 (which includes contempt), .as if this Agreement had been an Order of the Court, and .Ishall not be limited to those remedies specifically i referred to in this Agreement. In the event either party breaches any provision of this Agreement, the breaching party shall exonerate and indemnify the non-breaching party and hold the non-breaching [)arty harmless for all ilosses resulting from such breach, including, but not limited to, counsel fees, and costs relating to such ibreach, whether or not litigation is instituted. Either !party may, at his or her sole discretion, set off payments due to the other party to the extent that the other party has failed to comply with his or her' financial obligations pursuant to the terms of this Agreement. 27. LAW O__F PENNSYLVANIA APPLICABLE. The parties recognize that the laws of the Commonwealth of Pennsylvania may be modified or changed subsequent to the ,date of execution of this Agreement, but understand and ilagree that regardless of where the parties may reside or -13- .~ .. C:\Documents and Settings\Owner\My Documents\marriage settlement agreement Lehman.wpd STONESIFER AND KELLEY be domiciled in the future and reoardless of the situs of iany of the parties' real and/or i]ersonal property, this IAgreement shall be construed in a,~cordance with the laws of the Commonwealth of Pennsylvania which are in effect as .iof the date of execution of this Agreement. 28. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of any of the paragraphs and subparagraphs of this Agreement are inserted solely for Iconvenience of reference, shall not constitute a part of I this Agreement and, therefore, shall not affect its I interpretation. 29. CONTRACT INTERPRETATION. The "Whereas" clauses contained on pages one (1) and two (2) of this Agreement are an integral part of this Agreement and shall be considered in determining the parties' intent in !interpreting this Agreement, except that to the extent inconsistent, the provisions of this Agreement shall iprevail over any provisions contained in the WHEREAS ~clauses of this Agreement. 30. ACKNOWLEDGMENTS. acknowledges and declares Each party to this Agreement that he or she respectively: 30.1. Is fully and completely informed as to the facts relating to the subject matter of this Agreement; and as to the rights and liabilities of both parties; and 30.2. Enters into this Agreement voluntarily and intelligently after receiving the advice of independent counsel, or after having had the opportunity to seek the advice of independent counsel, free from fraud, undue influence, coercion, or duress of any kind; and 30.3. Has given careful and mature thought to the making of this Agreement; and 30.4. Has carefully read each provision of this Agreement; and 30.5. Fully and completely understands each provision of this Agreement; and -14- C:\Documents and Settings\Owner\My Documents\marriage settlement agreement Lehman.wpd STONESIFER AND KELLEY 30.6. Agrees that the provisions of this Agreement are fair, adequate, equitable and satisfactory and executed by both parties in, as and for final settlement and satisfaction of all claims and demands of any nature whatsoever, and after a full and fair disclosure by the parties of all facts bearing upon and pertaining to the provisions of this Agreement, including both parties' net worth. I 31. CO___UNTERPARTS. This Agreement may be executed in ! counterparts, each of which shall be an original and which .it°gether shall constitute one and the same instrument. ~ 32 ACKNOWLEDGMENT OF RECEIPT. Each party i!acknowledg~s having receive~-a fully executed original of !this Agreement. IN WITNESS WHEREOF, the parties hereto, intending to ibe legally bound hereby, have set their hands and seals the day and year first above written. WITNESS: ri~.~ JU Lehman y L ./Lehman -15- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTY J. LEHMAN VS. JEREMY L. LEHMAN : NO. 03-S-4880 : Civil Action - Law : : Divorce AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF YORK : STONESIFER AND KELLEY BEFORE ME, a notary public, in and for the Commonwealth of Pennsylvania came the Law Firm of Stonesifer and Kelley, P.C., and being duly sworn according to law, deposed and said that on September 23, 2003, mailed to the~.Defendant, Jeremy L. Lehman, by certified mail, return receipt, restricted del~ry, a copy of the Divorce Complaint. The return receipt bearingj~ e date of~Jctober 1, 2003, is attached hereto and made a part hereof. ///f/lk ~ / Scott L. Kelley, Esqu~]~ I.D. #299/6 ~ SWORN AND SUBSCRIBED DAY OF/4¢'~2004. ~Not'"ar~, Public ~ r ' x~ [_My~i~q b:.,; ;;,-7; C<. 10, 2004 IN THE COURT OF CCb~ON PLEAS OF CU~BERLAND COUNTY, PENNSYLVANIA KRISTY J. LEHMAN NO. 4~80 CIVIL ~ 03 vs. JEREMY L. LEHMAN PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdo~] under Section 3301 (c) ~3~x6(~) of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: certified mail, return receipt, restricted delivery 10/01/03 3. Complete either Paragraph A. or B. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the plaintiff 4/02/04 by the defendant 3/2/04 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: There is a Marital Settlement AGreement dated March 2~ 2004, settling all claims. 5. Indicate date and manner of service of the notice of intention to file praecipe fo transmit record, and attach a copy of said notice under Section 3301 (d)(1)(i) of the Divorce Code Scott' L. Kelley,/Esqulre I.D. #29966 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of PEN NA. N O. 03-s-4880 KRISTY J. LEHMAN AND NOW, DECREED THAT DECREE IN DIVORCE KRISTY J. LEHMAN IT IS ORDERED AND , PLAINTIFF, AND JEREMY L. LEHMAN , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLIOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; PROTHONOTARY