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HomeMy WebLinkAbout10-1146TERRY E. LEHRMANN, II, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSY?VAQA vs NO. ; ;2?7 GRACE E. WALSH-LEHRMANN, Defendant : CIVIL ACTION - IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS -? rn, A YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set for?h in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Court Administrator, Cumberland County Courthouse, One 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, 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 AS A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 ,? 3 S a-. U U ?? ?7 7 2 3.7-71 '4 Howard B. Krug, Esquire PA Supreme Court ID# 16826 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 Fax: (717) 234-0409 hkrua( Dkh com TERRY E. LEHRMANN, II, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. -,\J- GRACE E. WALSH-LEHRMANN, Defendant : CIVIL ACTION - IN DIVORCE COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE AND NOW, COMES Plaintiff, Terry E. Lehrmann, II, by his attorneys, Purcell, Krug & Haller, and avers as follows: 1. Plaintiff is Terry E. Lehrmann, II, an adult individual who currently resides at 104 S. Front Street, Wormleysburg, Cumberland County, Pennsylvania. 2. Defendant is Grace E. Walsh-Lehrmann, an adult individual who currently resides at 104 S. Front Street, Wormleysburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on March 14, 2009, in Enola, Pennsylvania. R ft 5. There have been no prior actions in divorce or annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Plaintiff requests the court to enter a decree in divorce. COUNTI DIVORCE PURSUANT TO SECTION 3301 (a)(6) 10. Plaintiff repeats and realleges the averments contained in paragraphs 1 through 9 as if more fully set out at length herein. 11. Plaintiff avers that he is the innocent and injured spouse and that the Defendant has offered such indignities to him as to render his condition intolerable and life burdensome. WHEREFORE, Plaintiff prays this Court to enter a Decree in Divorce pursuant to Section 3301(a)(6) of the Divorce Code. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce. ELL, KRUG & HAJzLER 1 ?W9 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Plaintiff Date: 2-17-,2010 VERIFICATION I, Terry E. Lehrmann, II, hereby verify that the facts contained in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Terry. Lehrmann, II Date: 2 -/ -7- O ~o- ti~t~ C~u~C `T~ AFFIDAVIT State of Pennsylvania ) SS: County of Dauphin ) Before me the subscriber personally appeared Mary B. Kerns to me known, being duly sworn according to law, doth depose and say that on February 18, 2010 at 6:05 p.m., I served Grace E. Walsh-Lehrmann at 102 S. Front Street, Wormleysburq, PA 17043, a Notice and Complaint in Divorce in the matter of Cumberland County Court of Common Pleas Civil Action No. 10-1146 Terry E. Lehrmann, II vs. Grace E. Walsh-Lehrmann, by handing these documents to Grace E. Walsh-Lehrmann personally and further deponent sayeth not. Mary B erns 5235 N. rout St. Harrisburg, PA 17110 Savor and subs i ed before me this ~h~ day of 2010 ;1p1~11C (~ " '~' 1 C ~ c~ ~~~ ~_ ~ COMMONWEALTH OF PENNSYLVANIA ~_, ~, _ t'~i ~ ,~iy~ r-- Notarial Seal Wendy M. Johnston, Notary Public ; ~,: -.- ': tV W °';; tt'~~''rr ,-t 4~ Susquehanna'Itivp., Dauphin County , _ _i `,-~ MY Commission Expires Oct. 24, 2013 ~ ~ ,, i --`. Member. PeneislAvanla Ilssodation of Notaries i.. ~_ P ~ rz-+ ;~ -- i _~ C.ti l.~ :{ TERRY E. LEHRMANN, II, Plaintiff vs. GRACE E. WALSH-LEHRMANN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-1146 ~" z_~ ~- -*~ ~- r°~ . cx3 n~ ~-- : CIVIL ACTION - IN DIVORCE ~~- ~" ~~s ,. ~ ENTRY OF APPEARANCE T, cn -.,.~ To The Prothonotary: '_> ~_, ~i _~ ~+ ~'._ -. <<; `_~ ~. -_~~ ~' _~ --~ Kindly enter the appearance of Debra R. Mehaffie, Esquire, and Scaringi & Scaringi, P.C., on behalf of Defendant Grace E. Walsh-Lehrmann, in the above captioned divorce action. Respectfully Submitted, Date: SCARINGI & SCARINGI, P.C. ra R. Mehaffie, Esquire a I.D. No. 90951 aringi & Scaringi, P.C. 000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 office (717) 657-7797 facsimile debra cr,scaringilaw.com TERRY E. LEHRMANN, II, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA n ry vs. :DOCKET NO. 10-1146 ~ `~' ~`" GRACE E. WALSH-LEHRMANN, ~ -~' ~ =`~"` Defendant :CIVIL ACTION - IN DIVORCE ~ ,_ MARITAL SETTLEMENT AGREEMENT =- ~ .., ;:~ .. ~_, ,:: THIS AGREEMENT, dated as set forth below, by and between TERENC~E. w LEHRMANN, II, a/k/a TERRY E. LEHRMANN, II, hereinafter referred to as "Husband", and GRACE E. WALSH-LEHRMANN, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on March 14, 2009; and WHEREAS, certain differences have arisen between the parties as a result of which they separated on February 9, 2010 and now live separate and apart from one another, and are desirous, therefore, of entering into an Agreement which will distribute their marital property in a manner which is considered to be an equitable division of all joint property, and will provide for the mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, there has been a complete disclosure of the earnings and property of each party, and each understands his/her rights under the Divorce Code of the Commonwealth of Pennsylvania; NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound, covenant, promise and agree as follows: 1. Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place that he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness of the causes leading to their living apart. 2. Interference. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. Advice of Counsel. Each party acknowledges that he or she has had the opportunity to review this Agreement with and receive independent legal advice from counsel of his or her selection. Husband has been represented by Howard B. Krug, Esquire, and Wife has been represented by Debra R. Mehaffie, Esquire. Each party fully understands his or her legal rights, obligations, and the effect of the terms of this Agreement on these rights and obligations. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, spousal support, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his or her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 4. Full and Fair Disclosure. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, request for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties acknowledge that they have been furnished with or are 3 aware of all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. The parties further acknowledge that they have conducted their own independent investigation into the existence of the other's assets and liabilities, and neither party is depending upon any representations made by the other in agreeing to the terms hereof. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable, and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 5. Mutual Consent Divorce. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. The parties acknowledge that Husband has filed a Complaint in the Court of Common Pleas in Cumberland County, Pennsylvania to Docket No. 10-1146. The parties agree that the divorce shall be concluded as a no-fault divorce under Section 3301(c) of the Divorce Code. On May 20, 2010, both parties shall execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree, which will be delivered to Husband's counsel so that 4 Husband's counsel may promptly finalize the divorce. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute such Consent and Waiver forms and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 6. Equitable Distribution of Marital Property. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the fact that it is the first marriage for Husband and Wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, 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 party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of 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; the economic circumstances of each party at the time the division of property is to become effective; the Federal, State and local tax ramifications associated with each asset to be divided, distributed or assigned, which ramifications need not be immediate and certain; the expense of sale, transfer or liquidation associated with a particular asset, which expense need not be immediate or certain; and whether a party will be serving as the custodian of any dependent minor children. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. Personal Property. The parties hereto mutually agree that they have effected a satisfactory division of all furnishings and personalty, including but not limited to all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Each party shall from and after the date hereof be the sole and separate owner of all furnishings and personalty presently in his or her possession, except as set forth in Exhibit "A" attached hereto, which items shall be distributed to the respective parties as stated. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto and as set forth in Exhibit "A' B. Real Estate. Husband shall retain his interest in the improved real estate located at 104 S. Front Street, Wormleysburg, Cumberland County, Pennsylvania. (Titled in his name jointly with his sister and brother-in-law). Wife hereby waives and releases whatever rights she may have to such property and shall execute a quitclaim deed, at anytime, upon Husband's request, conveying whatever right, title or interest she may have in said real estate. C. Vehicles. Notwithstanding Paragraph 6 of this Agreement, Wife shall retain possession and ownership of the 2001 Mercedes Benz E320. Husband hereby transfers all of his right, title and interest in said vehicle to Wife. Husband shall indemnify, defend and hold Wife harmless from any liens on the vehicle, which Husband represents is unencumbered. Husband shall sign any title or other documents necessary to transfer ownership of said vehicle to Wife on or before May 20, 2010. The notarized, executed title, spare key to the vehicle shall be held in escrow by Husband's counsel for delivery to Wife's counsel upon the issuance of a Final Decree in Divorce. While the vehicle is being used by Wife but remaining in Husband's name, she shall be solely responsible for all maintenance and repairs to keep the vehicle in good, running condition. On acquiring title, Wife shall separately and immediately insure the vehicle, and Husband may cancel his insurance at anytime. Notwithstanding Paragraph 6 of this Agreement, Husband shall retain title to and possession of all other vehicles in his name. D. Life Insurance. The parties acknowledge and agree that each shall retain as his or her sole and separate property, any and all life insurance policies in his or her name, free of any right, title and interest of the other party. The parties hereby waive, relinquish and release any right he or she may have to designate beneficiaries or to receive benefits under the policy of the other. 7 E. Retirement Assets. Each party shall retain his or her interest in their respective retirement assets including, but not limited to any IRA, Keogh plan, 401(k) plan, military retirement, savings plan, annuity benefits, retirement plan, pension plan, profit sharing plan, stock bonus plan, stock option plan, thrift plan, defined benefit or defined contribution plan. The parties waive and release all right, claim, title and interest he or she may have, now or in the future, to the retirement assets of the other. Each agrees to execute any and all documents which may be required to give full effect to this Paragraph. F. General Provisions. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible property, except as stated in Exhibit "A". Neither party shall make any claim to any such items of marital properly, or of the separate property of either party, which are now in the possession and/or under the control of the other, or which property will be distributed in accordance with this Agreement. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of a party if, in the case of tangible property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of their own individual pension or other employee benefit plans or retirement benefits of any nature to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits, except as stated herein. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 7. Alimony. Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of property are fair, adequate and satisfactory to them, and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support or alimony, (except as set forth herein). Each party shall indemnify, defend and hold the other harmless against any future action for either support or alimony, modification or extension of same, brought by or on behalf of the other and the results of such action, such indemnity to include the actual counsel fees of the defendant in any such future action. 8. Alimony Pendente Lite, Counsel Fees and Expenses. Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties is fair, adequate and satisfactory to them. 9 Both parties shall accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for spousal support, alimony pendente lite, counsel fees or expenses, or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. Additionally, each party shall be responsible for his or her own counsel fees and costs. Each party shall indemnify, defend and hold the other harmless against any future action for spousal support, alimony pendente lite or counsel fees and costs, brought by or on behalf of the other, and the results of such action. Such indemnity shall include the actual counsel fees of the defendant in any such future action. Nothing contained herein shall preclude a party from obtaining counsel fees and costs in the event of, and stemming directly from a breach of this Agreement. 9. 2009 Tax Return. The parties shall file joint Federal and State income tax returns for the 2009 calendar year. The returns shall be prepared by a professional of Husband's selection. Wife shall provide Husband with all of her tax documentation within ten (10) days from the date of this Agreement. To the extent a refund is due, the parties shall equally divide the refund, so long as the amount of Wife's share is equal to or greater than the refund Wife would have received had she filed Married Filing Separately. To the extent there is a liability, now or in the future, for tax due, Husband shall be solely responsible for same, absent failure of Wife to declare all her income. 10. Time of Distribution. The assets and interests to be transferred under and pursuant to this Agreement shall be conveyed and transferred to the respective parties at the time their valid and effective Affidavits of Consent and Waivers (hereinafter "Forms") are executed and filed with the Court. Wife's personal property shall, however, be io distributed to her on March 20, 2010, when Wife vacates Husband's residence. The parties shall cooperate by executing whatever documents are necessary to effectuate a divorce under Section 3301(c) or 3301(d) of the Pennsylvania Divorce Code, and this Agreement to cooperate shall be enforceable by an assumpsit action for specific performance. However, upon Wife's refusal to sign or her revocation of the Forms, all distributed property shall be returned to Husband's home by Wife until the time of Final Decree. Wfe shall continue to use Husband's Mercedes Benz vehicle until the title is tendered to her, unless she refuses to execute or revokes the Forms, in which case the vehicle shall be returned to Husband. 11. Reconciliation. In the event of a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 12. Release. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release, indemnify (including actual legal fees) and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, including equitable distribution, spousal support, alimony, counsel fees, alimony pendente lite, and expenses which either of the parties against the other ever had, now has, or may have in the future under the Pennsylvania Divorce Code, as amended, or under any other statutory or common law, except any and all causes of action for divorce and all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling, pursuant to Section 3302 of the Divorce Code. ~l 13. Waivers of Claims Against Estates. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and any right existing now or in the future under the Pennsylvania Divorce Code, as amended from time to time, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. Each further waives any right to inheritor receive property or act as the personal representative of the estate of the other by Will, Codicil, intestacy, or designation of beneficiary, unless such Will, Codicil, or designation of beneficiary is dated subsequent to the effective date of this Agreement. Should a party receive money, property or other benefits to which he or she is not entitled pursuant to the terms of this Agreement, said money, property or other benefit shall be delivered to the Administrator/Administratrix or Executor/Executrix of the estate of the other immediately upon receipt. 14. Rights on Execution. Immediately upon the execution of this Agreement, the rights of each party against the other, despite their continuing marital status, shall terminate and be as if they were never married, except as specifically stated herein. 15. Breach. If either party hereto breaches any provision of this Agreement, the other shall have the right, at his or her election, to sue for damages for such breach, or to 12 seek such other remedies or relief as may be available to him or her. In the event of breach of any of the terms of this Agreement, the non-breaching party shall be paid, as part of any award or judgment against the breaching party, all costs, including reasonable counsel fees paid to his or her attorney. 16. Incorporation in Final Divorce. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. Any Court having jurisdiction shall enforce the provisions of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. 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 the parties to execute the Agreement. 17. Additional Instruments. Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. Separability. In case any provision of this Agreement should be held to be 13 contrary to, or invalid under, the law of any country, state or other jurisdiction, such illegality and invalidity shall not in any way affect the other provisions hereof, all of which shall continue, nevertheless, in full force and effect, and each paragraph herein shall be deemed to be a separate and undisputed covenant and agreement. 19. Entire Agreement. This Agreement contains the entire, complete and exclusive understanding of the parties, and there are no representations, warranties, covenants and undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them, based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502(d) of the Divorce code or any other laws. Husband and wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any right to seek court relief for the purpose of enforcing the provisions of this Agreement. 20. 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 the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 14 21. Intent. It is the intent of the parties by this Agreement to fully and finally foreclose any resort to the courts for relief on the basis of any statute or case law presently existing or which may exist at some time in the future within the Commonwealth of Pennsylvania, including but not limited to equitable distribution, alimony and other relief under the Pennsylvania Divorce Code, as amended. This Agreement has been drafted and accepted on the basis that such resort would constitute a breach under this Agreement, entitling the non-breaching party to reimbursement for actual counsel fees. Other than as provided by the terms of this instrument, it is intended that the court shall treat the parties as if they had never entered into a marital relationship. This Agreement shall be construed in accordance with the Laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement and, where such law is inconsistent, the terms of this instrument shall govern. 22. Voluntary Execution. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The parties acknowledge that this Agreement is being entered into voluntarily, after full and fair disclosure of all assets, liabilities and financial information of both parties, and further, that it is not the result of any duress or undue influence. 23. Descriptive Headings. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 24. 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. 15 25. Effective Date. The effective date of this Agreement shall be the date on which the parties executed this Agreement, as indicated below. If the parties executed the Agreement on different dates, the effective date shall be the later of the two dates. 26. Gender. The use of the male or female gender shall include, respectively, the female or male gender, as well. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. Terry E. Lehrmann, II Date Grace E. Walsh-Lehrmann Date 16 EXHIBIT "A" Wife shall receive the following listed personal property, except as stated specifically otherwise: A. Spare bedroom furniture including the box spring, mattress, frame, and dresser. B. Fifty (50%) percent of the mutually acquired towel and linen sets (balance to Husband). C. Green, framed NY Library poster D. All mutually acquired and Wife's previously owned Kitchen accessories, such as: pots, pans, mixing bowls, utensils and silverware, dishes (baking and serving), glasses, knife set, espresso machine, wine glasses, juicer, waffle and quesadilla makers, toaster, crock pots, blender, Forman grill, microwave and other such items. However, Husband shall retain large appliances and built ins, such as the refrigerator, dishwasher, stove, washer, and dryer, as well as an unopened set of silverware. E. Crystal collector pieces (including pre-owned). Husband shall receive the crystal punch bowl set. F. Living room furniture, such as night stand, desk, kitchen table, oak chest, couch and chair set, N stand, book cases, lamps and other such items. G. Electronics (pre-owned), including computers, cameras, N and any electronics given as gifts. Husband shall retain the flat screen N. H. Wife's personal items and clothing. Husband shall retain his personal items and clothing. Exchange of the above items shall occur on or about March 20, 2010, when Wife shall vacate the residence. Husband shall retain all items of personalty specifically listed above as his, or otherwise remaining in the home and omitted from Wife's list. l~ TERRY E. LEHRMANN, II, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~ _~ vs. : NO. 10-1146 C` ~ '~ . _ _, „~ GRACE E. WALSH-LEHRMANN, ~~' r`.; ~-- Defendant : C{VIL ACTON - IN DIVORCE ~ : ~w ~' ~- 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 3301 c of the Divorce Code. 2. Date and manner of service of the Complaint: Complaint was gersonaliv served on Defendant Grace E. Walsh- Lehrmann, on February 18, 2010. 3. (Complete either paragraphs (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301(c} of the Divorce Code: By Plaintiff: 5/20/2010; and By Defendant: 5!20/2010. (b) (1) Date of execution of the Affidavit required by §3301(d) of the Divorce Code: N/A; (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: NIA. 4. Related claims pending: The attached Marital Settlement Agreement of the parties dated 4/8!2010 shall be incorporated into but sha{I not merge in this final Decree in Divorce pursuant to Paragraph 16 of said Agreement. 5. (Complete either (a) or (b).) (a) (b) Date: Mav 25. 2010 Date and manner of service of the notice of intention to file a Praecipe to Transmit Record, a copy of which is attached: N/A. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 5121 /2010; Date Defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 5/24/2010 . ID No. 16826 TERRY E. LEHRMANN, II, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :DOCKET NO. 10-1146 GRACE E. WALSH-LEHRMAN, Defendant :CIVIL ACTION -DIVORCE DIVORCE DECREE AND NOW, ~f~ ~ 3 , 2010, it is ordered and decreed that TERRY E. LEHRMANN, II, Plaintiff, and GRACE E. WALSH-LEHRMAN, Defendant, are divorced from the bonds of matrimony. The Court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: By the Court, L Atte t ~ J . Prothonotary ~. ~~ ~a e:~~. ~~ t~a~lea -1-0 ~ /~-te.ha-f-f: e.