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HomeMy WebLinkAbout10-1880MARK W. LEHMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. ISO CIVIL TERM CIVIL ACTION - LAW TARA L. LEHMAN, Defendant IN DIVORCE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested 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 Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 17.. F= _ W S r ??O L 'qD 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY + ? J CIh,L , r Maryl s, Esqu Attorney Id. 919 26 West High Street Carlisle, PA 17013 w U (717) 243-6222 Counsel for Plaintiff Awe/ 14t,a ? d 7057 ,vga3-iyel& MARK W. LEHMAN, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM CIVIL ACTION - LAW Defendant IN DIVORCE TARA L. LEHMAN, COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is Mark W. Lehman, an adult individual currently residing at 694 Center Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is Tara L. Lehman, an adult individual currently residing at 694 Center Road, Newville, Lemoyne, Cumberland County, Pennsylvania 17241. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 15, 1990 in Cumberland SAIDIS, L04D AY 26 West High Street Carlisle, PA County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. The Plaintiff has been advised that counseling is available and that he has the right to request that the court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with §3301 (c) or (d) of the Pennsylvania Divorce Code. Respectfully submitted, SAIDIS, FLOWER & LINDSAY ' V Marylo s, Esqui Attorney I ".4919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: /(? /h,??d Counsel for Plaintiff SAIDIS, FLOWER & LINDSAY AT?T-E W 26 West High Street Carlisle, PA MARK W. LEHMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CIVIL TERM CIVIL ACTION - LAW TARA L. LEHMAN, Defendant IN DIVORCE VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. MARK W. LEHMAN Date: 3/'1//,Z6i0 SAIDIS, FLOWER & LINDSAY ar?omvE?,?uw 26 West High Street Carlisle, PA , }f~ MARK W. LEHMAN, IN THE COURT OF COMMON ~.,. , , _.:'~' ~r'« Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2010-1880 CIVIL CIVIL ACTION -LAW CL~°Y' ~_ ~ , f ;J~~j~f TARA L. LEHMAN, s.:::.~ ., ,;,; ~'._!1: , ,, ;'a Defendant IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this l D ~ day of 2010, BETWEEN MARK W. LEHMAN, of 694 Center Road, Newville, Cumberland County, Pennsylvania, hereinafter referred to as Husband, AND TARA L. LEHMAN, of 694 Center Road, Newville, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and wife, having been joined in mamage on July 15, 1990, in Cumberland County, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland Commonwealth of Pennsylvania, to Number 2010-1880 Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente life. R4: The parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live i separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Upon the execution of this agreement, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said divorce. (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 694 Center Road, Newville, Cumberland County, Pennsylvania. Wife has waived all of her right, title and interest in this property pursuant to an Agreement dated November 13, 2002. On the date of execution of this Property Settlement Agreement, Wife shall deliver to Husband a deed transferring the property to Husband individually and conveying to Husband all of her right, title, claim and interest in the aforesaid premises. After the deed is delivered to Husband, he shall be the sole owner of the premises and shall be permitted to record the deed and take any other action with respect to the premises that he in his discretion deems appropriate. Husband shall be responsible for the payment of any transfer taxes and recording fees related to the transfer of the premises to Husband. The property is currently encumbered by a mortgage due and owing to Donald L. Lehman and Phyllis M. Lehman, and a second mortgage due and owing to Farmer's National Bank. From the date of execution of this Agreement, Husband shall be responsible for all payments on the z aforesaid encumbrances and shall hold Wife harmless and indemnify her from any collection activity whatsoever. Husband shall refinance or otherwise remove Wife's name as a responsible party from liability on the first and second mortgages or shall assume the mortgages to his name individually thereby removing her name as a responsible party, within 120 days of execution of this Agreement.. Wife shall return the signed Deed with the fully executed Agreement. The Deed shall be held in escrow, by Husband's counsel, not to be delivered to Husband or recorded until the mortgages are refinanced or Wife's name is otherwise removed as a responsible party for liability on these mortgages. In the event Husband has not removed Wife's name from the mortgages by the 121 day after execution of this Agreement by the last party signing the Agreement, then Husband's cash payment due to Wife shall accrue interest at the rate of 5% for every 30 days that he is past due on the payment. (For example, if it is not paid by the 180', Husband will owe an additional $1,500 to Wife as interest.) Husband represents that he has paid all outstanding bills for the premises due prior to the date of execution of this Agreement, including, but not limited to, all real estate taxes, homeowners insurance, utility bills, and maintenance, repairs and improvements to said property.. Husband shall continue to be solely and individually responsible for all of these continuing expenses and will hold Wife harmless and indemnify her from any collection activity whatsoever. Wife waives all right, title and interest in the property and shall take no action detrimental to the property. (4) CASH PAYMENT TO WIFE: For her interest in the marital estate Husband shall make a payment to Wife in the amount of FIFTEEN THOUSAND DOLLARS ($15,000) AND 00/100. Husband shall make payment to Wife within 3 business days of his refinancing or otherwise removing Wife's name as a responsible party on the aforesaid mortgages, herein listed in paragraph 3 above, but only if Wife has properly executed and returned the deed to the real estate as requested herein. In the event Wife has not returned the Deed by the tenth day after 3 execution of this Agreement, Husband shall not be in breach of this Agreement. Husband. is not obligated to make payment to Wife unless and until Wife complies with the terms. of this Agreement. (5j DEBT: A. MARITAL DEBT: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement with the exception of the mortgages listed herein. Husband shall pay all credit card debt and loans incurred in his name individually and shall hold Wife harmless and indemnify her from any collection activity whatsoever. Wife shall pay any and all credit card debt incurred in her name individually, including but not limited to the American Express Card and any cellular phone bill, and shall hold Husband harmless and indemnify him from any collection activity attempted whatsoever. In the event there exists any joint debt, the parties shall divide that debt equally and close any existing account. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on February 26, 2010, the party who incun-ed said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (6) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Husband shall 4 retain the 1995 Chevy Pickup Truck and the 2007 Adams stock combo trailer, both titled in the parties' names jointly. Within 10 days of the execution of the date of this Agreement, Wife shall execute any documents necessary to have said vehicles properly registered to Husband's name, individually. Husband shall assume full responsibility for any transfer tax, registration and maintenance on those motor vehicles. Wife shall retain the KIA Sedona currently titled in her name individually. That vehicle has a loan encumbering it requiring monthly payments, listed in Wife's name individually. At the time of execution of this Agreement, Husband shall waive all right, title and interest he may have in this vehicle. (7) TANGIBLE PERSONAL PROPERTY: With exception of Exhibit "A" hereto, the parties mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. 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. Wife shall have 90 days from the date of execution of this Agreement to remove the items listed on Exhibit "A" from the real estate. If Wife has not removed the items listed on Exhibit "A" within the 90 days allotted, those items shall revert back to Husband and Husband may dispose of them as he chooses. (8) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including 5 retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. (9) LIFE INSURANCE: Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party shall have the right to borrow against, cash in policies, change beneficiaries, and exercise any other incidents of ownership of the respective policies free of any right or claim by the other party. Each party shall sign -any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who presently owns such policies. (10) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support and alimony pendente life. (11) CHILDREN'S EXPENSES: Father shall provide health insurance for the benefit of the minor children so long as he has that coverage available to him at a reasonable cost. Father currently is employed by the United States Postal Service and has that coverage available to himself and family members at a cost of $130/month. Both parents shall share equally all non-covered or extraordinary costs for medical, dental, vision, orthodontics, counseling, psychiatric and extracurricular expenses the children may incur, for so long as the children are covered by the parents' health insurance. Once a child is no longer considered a dependent for purposes of health insurance, which may be past the child's 18th birthday, then the parents are no longer responsible to share in the cost of these expenses. Husband/Father shall claim the child, Crystal, as a dependents on his income tax return for so long as the child may be eligible to be claimed as dependent; Husband/Father shall claim the child, Tiffany, as a dependent on his income tax retum for so long as the child may be eligible to be claimed as a dependent and for so long as he exercises primary physical custody. 6 (12) MEDICAL INSURANCE: From the date of separation forward, previously identified as February 26, 2010, Husband and Wife shall each be responsible for the cost of any unreimbursed medical expenses for themselves for all medical, dental, eye, and/or any other health related costs, to include and not be limited to psychological and counseling expenses. (13) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and. have been provided a copy of this agreement with which to consult with counsel, Husband is represented by Marylou Matas, Esquire and, Wife is represented by Richard Webber, Esquire. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (14) 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. (15) INCOME TAX: The parties have heretofore filed joint Federal, state and local income tax returns. Husband and Wife agree that in the event any deficiency in Federal, state or local income tax is proposed, or any assessment of any such tax is made by reason of the parties having joined in the filing of said joint returns, Husband and Wife shall be equally responsible for any loss or liability for any such tax deficiency or assessment and any interest, penalty, and expense incurred in connection therewith, and such tax, interest, penalty or expense shall be paid equally by the parties, unless said tax, interest, penalty or expense is finally determined to be attributable to misrepresentation or failure to disclose the nature and extent of Wife's or Husband's separate income on the aforesaid joint returns, then the tax, interest and penalty or expense shall be solely attributed to party who failed to disclose or who made the misrepresentation. The parties have filed a 2010 joint Federal, Pennsylvania and local income tax return. Wife has retained the refund received. (16) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. The respective duties, covenants and obligations of each party under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a party of accrued obligations to the other, this Agreement shall continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. (17) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her e entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. The parties acknowledge that: (a) no formal appraisals have been conducted and that the values. assigned to the assets merely are the good faith estimates of current fair market value/book value by the parties themselves and that the values ascribed to the assets might be very different if other methods of valuation were utilized; (b) the parties assign very different values to many of the assets; and (c) they are aware that, but for this Agreement, they might be entitled to additional formal discovery, including by review of documents, inspections, interrogatories, depositions or otherwise. Notwithstanding the foregoing, any further disclosure, including regarding real estate, investment accounts, vehicles, debt balances, personal property, household good and furnishings, and income information, and any further statement in this Agreement regarding disclosure, is specifically waived. Each party waives any right which he/she may have to receive such additional disclosure or to challenge the validity of this Agreement on the grounds that he/she did not pursue such additional disclosure. (18) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (19) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby. releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente life, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have 9 been raised or may be raised in an action for divorce. (20) RELEASE OF ALL CLAIMS: Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower, courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente life, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafteracquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. to (21) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. {22) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (23) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (24) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (25) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: ~/ V /O ~ O s~~~~ ' Date K W. LEHMAN uc~ ~g~~v Q~te L. LEHM ii COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this ~ day of 2010, before me, the undersigned, personally appeared MARK W. EHMAN, whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. L. ` Notary Public BARBARA B. 5TEEd, Nottu7 Pablk ~~ B~ Co~Ey, PA Commission ina lone 7, 2011 STATE OF /%~~,~,~,~~ COUNTY OF ffvr~rx'~ On this CSC day of 2010, before me, the undersigned, personally appeared TARA L. LEH AN, whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Public /~~~~~j ~~ is MARK W. LEHMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-1880 CIVIL TEII _ { CIVIL ACTION - LAW Vw rri Z: x-n TARA L. LEHMAN, ? 330 aam ; Defendant IN DIVORCE ?D w : VC? - y° ? 3 .) n ° w ACCEPTANCE OF SERVICE I, RICHARD L. WEBBER, JR., Esquire, attorney for the Defendant, Tara L. Lehman, accept service of the Divorce Complaint in the above-captioned matter. 1 Date RICHARD L. WEBS , JR. SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA : IN THE COURT OF COMMON PLEAS OF MARK W. LEHMAN : CUMBERLAND COUNTY, PENNSYLVANIA V. TARA L. LEHMAN No 2010-1880 DIVORCE DECREE AND NOW, Z ?' Z27 I I , it is ordered and decreed that MARK W. LEHMAN , plaintiff, and TARA L. LEHMAN , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. 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: (If no claims remain indicate "None.") The terms of the Property Settlement and Separation Agreement dated June 10, 2010 is incorporated, but not merged, into this Decree in Divorce. Rv the Cni in Apr ".7. &ai - &