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HomeMy WebLinkAbout10-2918i A F.FILES\Clients\13847 Lehman\13487.Ldcom Created: 9/20/04 0:06PM Katie J. Maxwell, Esquire FILE) ` ^- MARTSON DEARDORFF WILLIAMS OTTO GILR k`TX!-' MARTSON LAW OFFICES 2010 APR 30 Pi 3: 19 I.D. 206018 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff PENN ;' YCVANIA KETHA MARIE LEHMAN Plaintiff V. ROBERT SCOTT LEHMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10- a9 CIVIL ACTION - LAW : IN 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 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. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street 0 6 Carlisle, Pennsylvania 17013 S Telephone (717) 249-3166 ,?-? 2 y ? rya r- r, KETHA MARIE LEHMAN Plaintiff V. ROBERT SCOTT LEHMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10- 29 f Y : CIVIL ACTION - LAW : IN DIVORCE DIVORCE COMPLAINT UNDER SECTION 3301(C) or 3301 (D) OF THE DIVORCE CODE 1. Plaintiff is Ketha M. Lehman, who currently resides at 556 Gutshall Road, Boiling Springs, Pennsylvania. 2. Defendant is Robert S. Lehman, who currently resides at 556 Gutshall Road, Boiling Springs, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 24, 2000, in Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests the Court to enter a Decree dissolving the marriage between Plaintiff and Defendant. MARTSON LAW OFFICES GtfiC.t_ ? `?' By Katie J. Max e , Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: cy/2 q// VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document 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 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. x Ll?t?21 Keth M. Lehman SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor Ketha Marie Lehman vs. Robert Scott Lehman ~4? ~t-~illph~,r ~~~5~ I f _, f .. 201D Ei~`f 1$ ~tM 9~ 38 .L L _ ,_~ ~ fl i ~~`til`vS ~ ~.~,~~ A Case Number 2010-2918 SHERIFF'S RETURN OF SERVICE 05/14/2010 05:51 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on May 14, 2010 at 1748 hours, he served a true copy of the within Complaint in Divorce, upon the within named defendant, to wit: Robert Scott Lehman, by making known unto himself personally, at 119 First Street, Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handing to him personally the said true and correct copy of the same. GERALD WORTHINGT ,DEPUTY SHERIFF COST: $39.24 May 17, 2010 SO ANSWERS, `~ RON R ANDERSON, SHERIFF (cj CounfySuite Sher~.ff. T'e!eosoft, Ir;i. y I? I 11,1 -S,( I-,Ii l;Nab' I.c Im,- 1;84' I rulcals?luic Oe.ncd y30.07 0OWN1 Katie J. Maxwell, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 206018 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FILED-OFFQ CUM , j COUNTY PENNSYLVANIA KFTHA MARIE I.EHMAN Plaintiff V. ROBI1:RT SCOTTLI:HMAN, Defendant IN THE COURT OF COMMON PLF,AS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 - 2918 CIVIL ACTION - LAW IN DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Petitioner, Ketha Marie Lehman, by and through her attorneys, MARTSON DEARDORFF WILLIAMS OTTO GIL.ROY & FALLER, 1. Petitioner filed a Petition for Exclusive Possession on June 8, 2010. 2. The Honorable Albert Masland issued a Rule to Show Cause on June 10, 2010 with the rule returnable 15 days after service. 3. Respondent, Robert Lehman has failed to reply, to the Rule to Show Cause 4. Petitioner requests that the Court make the rule absolute and award Petitioner exclusive possession of the marital residence. WHEREFORE, Petitioner requests Your Honorable Court to grant exclusive possession of the marital residence to Petitioner and such other further relief as the Court shall deem appropriate under the circumstances. MARTSON LAW OFFICES Date: ?i5?lC7 Katie a. ax ell. Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Katie J Maxwell, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition for Exclusive Possession of Marital Residence was served this date by depositing same in the Post Office at Carlisle, PA_ first class mail, postage prepaid, addressed as follows: Mr. Robert Scott Lehman 119 First Street Boiling Springs, PA 17007 MARTSON LAW OFFICES By -- - - - Ten East Iligh Street Carlisle, PA 17013 (717) 243-3341 Dated: _5 AUG 2 6 2010 Katie J. Maxwell, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 206018 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KETHA MARIE LEHMAN IN THE COURT OF COMM ON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 - 2918 v . CIVIL ACTION - LAW ROBERT SCOTT LEHMAN, Defendant IN DIVORCE '- C' t.. ...yam ? _.4! ORDER = u AND NOW, this day of -010, in consideration of the C:) Petitions PRhtion? for Exclusive Possession of the Marital Residence, the Petition is GRANTED, and the Petitioner is awarded exclusive possession of the marital residence. By the Court, J. ie J. Maxwell, Esq. o0bert Lehman Ketha Marie Lehman In the Court of Common Pleas of Cumberland County, Pennsylvania No 10-2918 Civil Term Divorce vs G Robert Scott Lehman ro CSC ?z CO C._ F PRAECIPE AND NOW, comes Ketha Marie Lehman, by and through her attorneys, MARTSON LAW OFFICES and requests that the Court substitute the previously filed Certificate of Service and in support thereof states: 1. Plaintiff filed a Motion to Make a Rule Absolute on August 25, 2010 with a certificate of service. 2. Plaintiff is now aware that Defendant has a home address different from the one previously listed on the certificate of service. 3. Defendant's correct address is 420 S. Hanover Street, Carlisle, PA 17013 3. Plaintiff now files an amended certificate of service listing the correct address for Defendant. WHEREFORE, Plaintiff requests that this court substitute the original certificate of service with the one attached. David D. Buell, Prothonotary 20 ?%?-c? Attorney Info: Katie. J. Maxwell torney for pl?ff 10 E. High Street Carlisle, Pa 17013 CERTIFICATE OF SERVICE I, Katie J. Maxwell, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller. hereby certify that a copy of the foregoing Petition for Exclusive Possession of Marital Residence was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Robert Scott Lehman 420 S. Hanover Street Carlisle. PA 17013 MARTSON LAW OFFICES Katie J. cell Ten East 1-11gh Street Carlisle, PA 17013 (717) 243-3341 Dated: Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY FlLEI}-u~=~!CE ,~,,, ~i 4a~ui ~~, ~.,.,a a~ ~'F' -9 Ali 8~ 43 CU'A~~ .. , ~~ ~~UNTY i~EN~vSYLVANIA Ketha Marie Lehman Case Number vs. Robert Scott Lehman 2010-2918 SHERIFF'S RETURN OF SERVICE 09/07/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on September 7, 2010 at 1026 hours this Order upon defendant Robert Scott Lehman is returned not served per request from Attorney Katie J. Maxwell. SHERIFF COST: $33.40 SO ANSWERS, September 07, 2010 RON R ANDERSON, SHERIFF MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this _r_ day of 111, 2013, by and � N between KETHA M. LEHMAN, (hereinafter referred to as "WIFE") and TEILT 5. mCO w. rn_ LEHMAN,(hereinafter referred to as"HUSBAND"). �> o CD —4 c. p� tti�t WITNESSETH: cy < c> a_ WHEREAS, HUSBAND and WIFE were lawfully married on June 24, 2000, and_a divorce action filed on or about April 29, 2010, in Cumberland County, Pennsylvania at Docket No. 2010—2918; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, but not limited to the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates, and the equitable distribution of property and alimony for each party. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: a. Is represented by counsel of his or her own choosing, or if not represented by counsel, understands that he or she has the right to counsel: WIFE is currently represented by Douglas G. Miller, Esquire of Irwin & McKnight, P.C.; HUSBAND chooses not to be formally represented by counsel, and by initialing this page acknowledges his right to be represented by counsel 2 b. Is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; c. Is entering into this Agreement voluntarily after receiving the advice of counsel or after choosing not to consult an attorney; d. Has given careful and mature thought to the making of this Agreement; e. Has carefully read each provision of this Agreement; and f. Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect of each provision. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 3501(a), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each party. 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 a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien,charge,security interest,encumbrance, or restriction to which any property is subject. Each 3 party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL ESTATE: HUSBAND agrees to transfer any and all right, title, and interest which he may have in that real estate situate at 1521 & 1521A West Trindle Road, Carlisle, Cumberland County, Pennsylvania, 17015 to WIFE and hereby releases all claims which he may have regarding said real estate in accordance with this paragraph. The parties agree that WIFE owned this property prior to the marriage of the parties, and that HUSBAND was never added to a deed for said property. HUSBAND specifically also waives any right, title, and interest to an Installment Sales Agreement between WIFE and Mr. and Mrs. Chris J. Gilbert with regard to the property. WIFE agrees to pay the outstanding mortgage payments with regard to the existing mortgage securing said property and hold HUSBAND harmless from any obligations on said mortgage and indemnify him if any claim is made against him. In furtherance of the transfer of all right, title and interest in said real estate, HUSBAND hereby agrees contemporaneously with the signing of this Agreement to execute a Quit-Claim Deed conveying any potential marital interest in said property to WIFE. The parties' real estate situate at 556 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania, 17007 is currently involved in a mortgage foreclosure action in Cumberland County, Pennsylvania at Docket No. 2012 — 0605. The parties agree to retrieve all of their respective personal property and belongings from the property prior to the Sheriffs sale of the property. HUSBAND shall identify in writing in advance those items of personal property 4 to be retrieved, and WIFE shall then consolidate and organize the items for retrieval by HUSBAND,all of which shall occur within thirty(30)days of the signing of this Agreement. 8. SPOUSAL SUPPORT: The parties agree that there is currently an Order for spousal support against HUSBAND and for WIFE entered in the Domestic Relations Section of Cumberland County, Pennsylvania at Support Docket No. 2010 — 0657, PACKS No. 366111852. The parties agree that no further charges shall occur in that existing support matter after February 28, 2013. HUSBAND shall continue to make monthly payments of at least $452.00 following February 28, 2013, until the existing support arrears are paid and satisfied in full. In addition to full satisfaction of the existing support arrears, HUSBAND agrees to pay additional alimony and support to WIFE in the amount of$4,000.00. Payment shall either be in a lump sum or through continued payments of at least $400.00 per month, on or before the 20`h day of each month, through the Cumberland County Domestic Relations Office. The parties further agree that the Domestic Relations Office shall continue to enforce the terms and conditions of the support obligations until the arrears and additional alimony and support are paid and satisfied in full by HUSBAND. Except as set forth above in this paragraph, it is the mutual desire of the parties that HUSBAND will not be required to pay spousal support, alimony, alimony pendente lite, or any other related financial support to WIFE, and that WIFE will not be required to pay spousal support, alimony, alimony pendente lite, or any other related financial support to HUSBAND. The parties thereby waive any rights they have to receive spousal support, alimony or alimony pendente lite payments from the other either prior to or following the entry of the Divorce Decree in this matter. 9. PERSONAL PROPERTY: HUSBAND is to retrieve certain personal property from the marital residence, namely including pictures, old records, a telescope, Christmas House 5 collection, and any of his remaining clothing items, in accordance with the terms in Paragraph 7 above. The parties agree that the personal property has otherwise been divided to the parties' mutual satisfaction, and specifically agree that the parties' dog, Caleb, has been transferred to WIFE. WIFE hereby waives all right, title and interest that she may have in any personal property of the HUSBAND. HUSBAND likewise waives any right, title and interest that he has in the personal property of WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to HUSBAND or WIFE with full power to HUSBAND or WIFE to dispose of the same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. 10. AUTOMOBILES: HUSBAND hereby waives all right, title and interest in that 2010 Kia Soul that the parties jointly own, as well as any other vehicle that WIFE may own in the future, and agrees to execute all documents necessary to transfer title of said jointly titled vehicle to WIFE. WIFE shall hold HUSBAND harmless for any and all liability associated with the use and purchase of any vehicle she may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. In particular, WIFE shall continue to make all payments owed to State Farm bank which has a security interest in the 2010 Kia Soul, and indemnify HUSBAND from all liability associated with said loan. In exchange, within thirty (30) days of the final payment on the loan and release of the vehicle title, or immediately upon the sale or transfer of the vehicle, HUSBAND shall sign all paperwork necessary to transfer title of the vehicle to WIFE. 6 WIFE hereby waives all right, title and interest in any vehicle that HUSBAND currently owns or may own in the future, and agrees to execute all documents necessary to transfer title of any jointly titled vehicles that HUSBAND may own within thirty (30) days of this Agreement. HUSBAND shall hold WIFE harmless for any and all liability associated with the use and purchase of any vehicle he may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. II. MARITAL DEBTS: The parties recognize the existence of a Value City Furniture loan or debt, which obligation WIFE has been paying. WIFE shall continue to retain possession of the furniture items purchased through said obligation, and HUSBAND waives all right, title, and interest to said items. WIFE shall also be responsible to repay that loan or loans obtained from her parents during the marriage of the parties. WIFE shall indemnify and hold harmless HUSBAND from any obligation with respect to said debts identified above. Since the date of separation, both parties represent that they have made payments toward their respective individual credit cards, loans, and debts. It is the understanding of the parties that there are no longer any other unsecured loans, debts, credit cards, or similar obligations in the joint names of the parties, or for which one party is listed as an authorized user. Nevertheless, HUSBAND hereby agrees to remove WIFE'S name from any and all joint accounts within thirty (30) days of the execution of this Agreement or upon discovery of any such joint obligations. WIFE also hereby agrees to remove HUSBAND'S name from any and all joint accounts within thirty (3 0)days of the execution of this Agreement or upon discovery of any such joint obligations. The parties agree to pay any such debts according to the party who 7 incurred any said obligation and hold harmless the other party from any obligations on said payments and indemnify the other if any claim is made against him or her. Furthermore, it is mutually agreed by and between the parties that WIFE shall assume all liability for and pay and indemnify the HUSBAND against all debts incurred by WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and hold HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND shall similarly assume all liability for and pay and indemnify WIFE against all debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and hold WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 12. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE shall be their own. The parties further agree that any other employee benefits, including but not limited to retirement, profit sharing or 8 medical benefits of either party, shall be their own. WIFE waives all right, title and claim to HUSBAND'S insurance, investments, and employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE'S insurance, investments, and employee benefits.. The parties agree to execute any and all documentation that may be necessary to confirm the waiver of their interests in any said accounts or plans. 13. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title, and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND and likewise HUSBAND agrees to waive all right, title and interest which he may have in the savings or checking or any other bank accounts of WIFE. At the time of execution of this Agreement, the parties agree to equally divide the regular balances of the joint savings and checking accounts. 14. BOB LEHM[AN CONSTRUCTION: Following payment of the support payments identified in Paragraph 8 above, WIFE agrees to waive all right, title, and interest in HUSBAND'S construction business known as "Bob Lehman Construction," including all tools, property, or other assets of the business. HUSBAND agrees to indemnify and hold harmless WIFE from any and all debts and obligations of the business. 15. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary 9 to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 16. BREACH: If either party breaches any provisions 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 legal fees and costs incurred by the other in enforcing their rights under this 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. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, are fully understood by both parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies or any other remedies provided by law or statute. Those remedies shall 10 include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 19. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 20. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 21. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 22. PAYMENT OF COSTS: Each party shall be responsible for their own attorneys fees and costs incurred in the settlement of the divorce and economic issues surrounding this divorce. 23. WAIVER 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 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. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: SEAL) 4THAIMM.L HMAN {SEAL) OBERT S. LE AN 12 COMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME,this j day of ' 2013, a Notary Public, in and for the Commonwealth of Pennsylvania, KETHA M. LEHMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWMTH OF PENNSYLVANIA Notarial Seal Martha L.Noel,Notary Public cartisle flora,Cumberland Corny comm"an C-gires Sept.18,2815 M @M PENNSVI.VANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF �.tt?r�, L+ t +� r•�--� PERSONALLY APPEARED BEFORE ME,this day of , 2013, Notary Public, in and for the Commonwealth of Pennsylvania, ROBERT S. LEHMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF,I have hereunto set my hand and official seal. COMMO=_martha NWEALTH OF PENNSYLVANIA tarial Seal Noel,Notary Public Cumberland County E7cpires Sept 18,2015 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES 13 KETHA MARIE LEHMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY,PENNSYLVANIA, CIVIL ACTION -LAW V. 7:X rn UJ M : 2010-2918 CIVIL TERM C:) ROBERT SCOTT LEHMAN, Defendant IN DIVORCE I>C7:1 PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c)of the Divorce Code was filed on or about April 30, 2010. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. 1 consent to the entry of a final decree in divorce. 4. 1 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities. Date: KET14A M. LEHMAN Plaintiff KETHA MARIE LEHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY,PENNSYLVANIA V. CIVIL ACTION-LAW 2010-2918 CIVIL TERM ROBERT SCOTT LEHMAN, Defendant IN DIVORCE rn Ca C:) CD WAIVER OF NOTICE OF INTENTION TO REQUEST C:) ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c)OF THE DIVORCE CODE 5cz 1. 1 consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 1-3 KETlftA M. LEHMAN Plaintiff KETHA MARIE LEHMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY,PENNSYLVANIA C-) V. CIVIL ACTION-LAW M M ;rm X 'rou : 2010-2918 CIVIL TERM -.C> C:) ROBERT SCOTT LEHMAN, r-= <C; -V Defendant IN DIVORCE )>C-� C'3 DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about April 30, 2010. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. 1 consent to the entry of a final decree in divorce. 4. 1 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. - '- . Date: ROBERT S. I MAN Defendant KETHA MARIE LEHMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY,PENNSYLVANIA V. CIVIL ACTION-LAW C= -V:r rn w 2010-2918 CIVIL TERM ROBERT SCOTT LEHMAN, Defendant IN DIVORCE :Z-71 C7- C.0 WAIVER OF NOTICE OF INTENTION TO REQUEST CD < ENTRY OF A DIVORCE DECREE SECTION 3301(c)OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: �Ielgl 1[1'3 0- - OBERT S. LEHMAN Defendant Ketha Marie Lehman IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA vs. Robert Scott Lehman CIVIL DIVISION NO.2010-291$ CIVIL TERM rncu PRAECIPE TO TRANSNUT RECORD =M To the Prothonotary: CD Transmit the record,together with the following information,to the court for entry of a A&M =X decree: I. Ground for divorce: Irretrievable breakdown under§(3301(c))and §(3301(dXl))of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: Personal Service by the Cumberland County Sheriff upon the Defendant on May 14,2010. 3. Complete either paragraph(a)or(b). (a) Date of execution of the affidavit of consent required by§3301(c)of the Divorce code: by plaintiffApril 10, 2013 by defendant April 8,2013 (b)(1)Date of execution of the affidavit required by§ 3301(d)of the Divorce Code: (2) Date of filing and service of the plaintiffs § 3301(d) affidavit upon the respondent opposing party: 4. Related claims pending: None. 5. Complete either(a)or(b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record,a copy of which is attached: (b) Date plaintiffs Waiver of Notice was filed with the Prothonotary: April 10, 2013 Date defendant's Waiver of Notice was filed with the Prothonotary: April 10, 2013 N 16AAt k j, > AM .IF "-fftt MCI or TPMinti' i ff 9LWX Douglas G. Miller, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Ketha Marie Lehman V. Robert Scott Lehman No. 2010-2918 DIVORCE DECREE AND NOW, �i/ /� aO/-,3 , it is ordered and decreed that Ketha Marie Lehman plaintiff, and Robert Scott 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 Marriage Settlement Agreement dated April 8, 2013, and signed by the parties is hereby incorporated into this Decree but not merged. By the Court, Attest: J. Prothon tary • AQo C- e copy ,� �,?P�✓ ���f KETHA M. LEHMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE ROBERT S. LEHMAN, Defendant NO. 10-2918 CIVIL TERM IN DIVORCE PACSES Case No: 366111852 ORDER OF COURT c.a n m AND NOW to wit, on this 30th day of April, 2014, it is hereby Ordered that the Cumberland County Domestic Relations Section dismiss its interest in the above captioned alimony matter pursuant to the alimony obligation being paid in full. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de riovo before the Court. Thomas ". 'Lacey, DRO: R.J. Shadday xc: Petitioner Respondent Douglas G. Miller, Esq. Service Type: M Form 0E-001 Worker: 21005