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HomeMy WebLinkAbout01-0206DALE T. LEHMAN, LISA K. LEHMAN, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN LAW - DIVORCE 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 of divome or annulment may be entered against you by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 (800) 990-9108 DALE T, LEHMAN, LISA K. LEHMAN, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN LAW - DIVORCE COMPLAINT UNDER SECTION 3301(e) OF THE DIVORCE CODE I. Plaintiff is Dale T. Lehman, who currently resides at 844 West Old York Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Lisa K. Lehman, who currently resides at 11 East High Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff's Social Security Number: 184-38-2361 Defendant's Social Security Number: 211-48-4901 Plaintiff and Defendant were married on May 24, 1980, in Carlisle, Cumberland County, Pennsylvania. 6. There have been no prior actions for divorce or annulment between the pan'xes. 7. The marriage is irretrievably broken. 8. Plaintiffhas been advised that counseling is available and that Plaintiff may have the right to request that the Court require the pan'les to participate in counseling. 9. Plaintiffrequests the Court to enter a Decree of Divorce. Respectfully submitted, Davi squire I.D. 4/18005 212 Locust Street, Suite 404 Harrisburg, PA 17101 (717) 238~8183 Attorney for Plaintiff VERIFICATION I, DALE T. LEHMAN, verify that the statements made in the foregoing document are true and correct to the best of my knowledge. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Dale T. Lehman CERTIFICATE OF SERVICE I, ELLEN M. PALMER, Legal Assistant, certify that I have served a copy of the foregoing document on the individual listed below by depositing the same in the Urfited States Mail, First Class, postage prepaid, at Harrisburg, Pennsylvania: Ms. Lisa K. Lehman Carlisle Borough Administrative Offices 53 West South Street Carlisle, PA 17013 Date: Ellen M. Palmer, Legal Assistant 212 Locust Street, Suite 404 Harrisburg, PA 17101 (717)238-8183 0 AFFIDAVIT OF SERVICE I, ELLEN M. PALMER, Legal Assistant, certify that I have served a true and correct copy of the Complaint in Divorce on the individual listed below by depositing the same in the United States Mail, First Class, postage prepaid, at Harrisburg, Pennsylvania: Ms. Lisa K. Lehman Carlisle Borough Administrative Offices 53 West South Street Carlisle, PA 17013 I verify that the statements made in the foregoing document are true and correct to the best of my knowledge. I tmderstand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. ~ M. Palmer, Legal Assistant 212 Locust Street, Suite 404 Harrisburg, PA 17101 (717) 238-8183 DALE T. LEHMAN, LISA K. LEHMAN, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. IN LAW - DIVORCE VERIFICATION OF SERVICE I, Lisa K. Lehman, hereby acknowledge that I received a Complaint in Divorce in the above captioned divorce. I further acknowledge that I am the Defendant in this action and that my husband, Dale T. Lehman, is the Plaintiff. I verify that the statements made in the foregoing document are true and correct to the best of my knowledge. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. Date: DALE T. LEHMAN, LISA K. LEHMAN, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-206 CIVIL TERM IN LAW - DIVORCE AFFIDAVIT OF CONSENT 10,2001. 2. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on January The marriage of Plaintiffand 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 without notice. 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 unswom falsification to authorities. Date: ~///~/~ Dale T. Lehman Plaintiff DALE T. LEHMAN, LISA K. LEHMAN, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-206 CIVIL TERM 1N LAW - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 concerning alimony, division of property, lawyer's fees or expenses ifI 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. Dale T. Lehman Plaintiff DALE T. LEHMAN, LISA K. LEHMAN, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-206 CIVIL TERM IN LAW - DIVORCE AFFIDAVIT OF CONSENT 10,2001. 2. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on January The man/age of Plaintiffand 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 without notice. 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: Oq-.-17-ol Defendant DALE T. LEHMAN, LISA K. LEHMAN, Plaintiff Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-206 CIVIL TERM IN LAW - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(e) 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 concerning alimony, division of property, lawyer's fees or expenses ifI 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 tree 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. Dat : Defendant MARITAL PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made and concluded this J_~ day of ~-~ ,2001, by and between DALE T. LEHMAN, (hereinafter referred to as "HUSBAND") - AND - LISA K. LEHMAN, (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, the parties are HUSBAND and WIFE; and WHEREAS, unfortunate and irreconcilable differences have arisen between the parties by reasons of which continued cohabitation as husband and wife has been rendered impossible; and WHEREAS, the parties have made full disclosure to each other of their assets and liabilities, and have agreed on a settlement of all property rights and differences existing between them; and WHEREAS, it is the desire of the parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights and all rights in, to or against each other's property or estate, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any and all claims for WIFE'S and/or HUSBAND'S maintenance and/or for spousal support, alimony pendente lite, alimony, counsel fees and expenses, and equitable distribution; WHEREAS, Dale T. Lehman is represented by David T. Kluz, Esquire. Lisa K. Lehman is not represented. Each party has had the opportunity to review this Agreement in its entirety; and WHEREAS, the parties intend this Agreement to be a full and complete Marital Property Settlement Agreement, providing for the absolute and final settlement of all their respective marital and property rights and all claims for spousal support, alimony pendente lite, alimony, counsel fees and expenses, and equitable distribution of marital property. NOW, THEREFORE, for and in consideration of the mutual benefits to be derived by the parties and intending to be legally bound hereby, the parties hereby covenant and agree as follows: 1. PERSONAL PROPERTY: HUSBAND warrants and represents to WIFE, and WIFE warrants and represents to HUSBAND, that they have effected a fair and equitable division of all marital property of the parties, and that any and all marital property, except as expressly provided herein, presently in possession of WIFE shall be the property of WIFE, and that any and all marital property, except as expressly provided herein, presently in possession of HUSBAND shall be the property solely of HUSBAND. WIFE will retain the cash and accounts in her possession when cohabitation ceased. Wife shall make sole claim to any IRS refund due from payment of 2000 Federal Income Tax. WIFE shall keep fttrniture and appliances in her possession which were part of the marital dwelling. WIFE shall have sole possession of her Longeberger basket collection· HUSBAND shall retain all remaining furnishings and appliances. Any and all burial plots owned by the parties shall become the exclusive property of HUSBAND. HUSBAND shall have ownership of his weapon collection and the Outdoor World membership. HUSBAND will pay to wife at the time of the entry of the final decree, or as soon thereafter as is practicable, the sum $ 5,000.00. WIFE will transfer title ownership of the 1993 Chevy Truck to HUSBAND. HUSBAND will transfer title ownership of the 1994 Chevy Corsica to WIFE. 2. REAL ESTATE: The parties are title owners of two separate properties. WIFE shall receive the Cedar Street property or the proceeds therefrom. HUSBAND shall retain possession and sole ownership of the 844 Old York Road property or the proceeds therefrom. 3. CUSTODY OF MINOR CHILDREN: There are two children of the marriage. Both Robert Thomas (D.O.B. 7/! 0/83) and Amanda Faye (D.O.B. 4/24/87) will remain residing with HUSBAND. This Agreement makes no other provision for custody, support and visitation of the children. Both parties pledge their best efforts toward the best interests of the children. 4. ATTORNEY'S FEES: Each party shall be responsible to pay for their own counsel fees and other costs relating to this Divorce action. 5. DEBTS AND INDEMNIFICATION: HUSBAND and WIFE represent and warrant to each other that except as provided herein, neither one has contracted or will in the future contract any debts, charges, or liabilities whatsoever for which the other party or their property or their estates shall or may be or become liable or responsible, will at all times keep each other free, harmless and indemnified against and from any and all debts and liabilities heretofore or hereafter contracted or incurred by the other, except as expressly provided in this Agreement. 6. PENSIONS: WIFE is employed by Carlisle Bureau Water Department. HUSBAND is employed by Bob's Tire and Auto Service. HUSBAND and WIFE agree to waive any right, title and interest in any pension, retirement or profit sharing, IRA or similar plan of the other including, but not limited to WIFE's accounts at American Funds, reflecting earnings from employment with her father and retirement benefits from the Carlisle Area School District. This waiver also includes, but is not limited to HUSBAND's account at CUNA Brokerage reflecting earnings from Sheaffer Brothers and HUSBAND's Prudential account. 7. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party has released, discharged and by this Agreement, does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of actions, claims, rights or demands whatsoever, in law or equity, which either of the parties ever had, now have or can have at any time against the other, specifically including rights or claims to spousal support, alimony, alimony pendente lite, counsel fees and expenses, and equitable distribution of marital property, except for any cause of action for divorce f~om the bonds of matrimony and any cause of action for breach of any provision of this Agreement. The parties hereto expressly relinquish and waive any and all rights that they may have now or in the furore to claim and/or obtain spousal support, alimony pendente lite, alimony, counsel fees and expenses or equitable distribution of property. 8. ESTATE RELEASE: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take property under equitable distribution, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims. 9. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may fi.om time to time choose or determine fit. 10. FULL DISCLOSURE: HUSBAND and WIFE each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party of every type whatsoever and all other facts relating to the subject matter of this Agreement. 11. NO INTERFERENCE: Each party shall be flee fi.om interference, authority and control, direct and indirect, by the other as fully as if he or she were single or unmarried. Neither shall molest the other, compel or endeavor to compel, the other to cohabit or dwell with him or her, or to interfere with friendships, society or acquaintances which either of the parties hereto may choose or have from this day forward. 12. DOCUMENTS: Each party shall, at the request of the other, execute, acknowledge and deliver to the other party any documents which may be reasonably necessary to give full force and effect to this Agreement, including but not limited to, deeds to real estate, titles to vehicles and account transfer papers. 13. AGREEMENTNOT PREDICATED ON DIVORCE: It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement or institution, prosecution, defense, or for the non- prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by HUSBAND and WIFE, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing HUSBAND and WIFE to execute the Agreement. HUSBAND and WIFE each knowingly and understandingly hereby waives any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in part. HUSBAND and WIFE each do hereby warrant, covenant, and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 14. CONSENTS TO DIVORCE TO BE EXECUTED: HUSBAND and WIFE each agree to execute Affidavits of Consent to Divorce and Affidavits of Waiver of Counseling contemporaneously with the execution of this Agreement. It is the intention of both parties to promptly seek and obtain a Decree in Divorce after the execution of this Agreement. 15. ABSOLUTE AND FINAL SETTLEMENT: The provisions of this Agreement are intended to consider, determine and distribute all of the assets of the parties hereto as part of the terms of this Marital Property Settlement Agreement. This Agreement is intended by the parties hereto to be a valid Marital Property Settlement Agreement, providing for the absolute and final settlement of their respective property rights and all obligations of spousal support. This agreement is not intended to be a mere separation agreement. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or promises other than those expressly set forth in this Agreement. 6 16. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT: Each party acknowledges that this Agreement has been entered into of his or her own volition, with full knowledge of the facts and full information as to the legal rights, liabilities and the assets of the other, and that each believes this Agreement to be reasonable under the circumstances and not the result of any duress or undue influence. 17. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 18. SITUS: This Agreement shall be construed and governed in the accordance with the laws of the Commonwealth of Pennsylvania. 19. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision bfthis Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force effect and operation. 7 20. ENTRY AS PART OF DECREE: It is the intention of the parties that this Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce (temporary, interlocutory, final or permanent) shall affect or modify the financial terms of this Agreement. This Agreement shall be embodied in and made part of any such judgment or decree of final divorce. 21. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of all attorney's fees, legal costs and expenses incurred by the other in enforcing their rights under this Agreement. 22. BINDING EFFECT: Each of the parties hereto intends to be legally bound hereby, and this Agreement shall be binding upon their heirs, personal representatives and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written, each adopting the seal following his or her signature as his or her own. Witness DALE T. LEHMAN DALE T. LEHMAN, LISA K. LEHMAN, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-206 CIVIL TERM IN LAW - DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: January 11, 2001, via reeular mail (original Verification of Service attached as proof thereof) 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff on April 17, 2001; by Defendant on April 17, 2001 . 4. Related claims pending: No economic claims pendine 5. Date Plaintiff's Waiver of Notice in § 3301(c) Divorce filed with the Prothonotary: filed contemporaneously herewith; Date Defendant's Waiver of Notice in § 3301 (c) Divorce filed with the Prothonotary: filed contemporaneously herewith. / Date: Davi~d . Kluz ~ Attorney for Plaintiff IN THE OF CUMBERLAND STATE OF ~ COURT OF COMMON PLEAS COUNTY PENNSYLVANIA DALE T. LEHMAN Plaintiff Versus LISA K. LEHMAN Defendant N o...9?~9..6...,e..~yi.z...?9.m....iO~xx DECREE IN DIVORCE '~ o / AND NOW ............. 4.n'./ .... ~...~'..'.., ~ .... , it is ordered and decreed that ...~.e .~', .~e~ ................................. plaintiff, and .....Lisa. K~. ~e~an ....................................... defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; NO~ Prothonotary