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HomeMy WebLinkAbout05-6037 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELANIE A. LEHMAN, Plaintiff CIVIL ACTION - LAW vs. CASE NO. L-'S' &tX? 7 Cw.j DENNIS J. LEHMAN, Defendant 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 armulment 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 Courthouse, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CASE NO. OS. (,,0.3'7 (~ TUM- MELANIE A. LEHMAN, Plaintiff DENNIS J. LEHMAN, Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, this ;2 3~ day of November, 2005, comes MELANIE A. LEHMAN, by and through her attorney, Joseph D. Buckley, and avers the following: I. Plaintiff is MELANIE A. LEHMAN, who currently resides at 148 Spring Road, Carlisle, Cumberland County, PA 17013. 2. Defendant is DENNIS J. LEHMAN, who currently resides at 231 Pine Grove Road, Gardners, Cumberland County, P A 17324. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 5, 1998, III Carlisle, Cumberland County, P A. 5. There have been no prior actions of divorce or for armuIment 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 the Court require the parties to participate in marriage counseling. 8. Venue is proper in this Court pursuant to Rule I 920.2(a)(2). 9. Neither party is a member of the armed forces of the United States of America. WHEREFORE, Plaintiff requests the Court to en a decree of divorce. -~ VERIFICATION I, Melanie A. Lehman, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: November~ 2005 ~ ~~ :t "-. ....... '::!. ~. ~ t ~ '-... " ~,~ ~ ' \ V\ ~ &~ ~) \ ~ \ '\ ~ \ . , ~ C) c I', :-i) . i "'~' G) --- et) C'~ ~ D PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, dated the j 0 day of November, 2005, by and between DENNIS J. LEHMAN, residing at 231 Pine Grove Road, Gardners, P A 17324, hereinafter called the "Husband" , and MELANIE A. LEHMAN, formerly Taylor, residing at 148 Spring Road, Carlisle, PA 17013, hereinafter called the "Wife", who agree as follows: WITNESSETH; WHEREAS, the parties are Husband and Wife, having been married on September 5, 1998 in Carlisle, Cumberland County, Permsylvania. The parties separated September, 2004. WHEREAS, the parties have no children of their marriage. WHEREAS, diverse unhappy, and irreconcilable differences, disputes, and difficulties have arisen between the parties, and it is the intention of Wife and Husband 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, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; the settling of all matters between them relating to the past, present and future spousal support and alimony; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the promises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: I. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) ofthe Divorce Code of 1980 as amended by Act No. 1990,206, effective 3-19-91, as amended. 2. EFFECT OF DECREE, NO MERGER It is specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment, or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement may be incorporated, by reference, into divorce judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment, unless otherwise specifically provided herein, and for this Agreement to continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them for purposes of enforcement only of any provisions therein, but shall survive such decree. 3. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall take place simultaneously with the execution of this Agreement. 4. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Joseph D. Buckley, Esquire, for WIFE, and HUSBAND has been given the opportunity to have the same reviewed by his independent counsel. The parties acknowledge that they have or received independent legal advice from counsel of their selection or have been given the opportunity to have the same reviewed by counsel and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice or having had the opportunity to have the same reviewed by counsel and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 5. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and that Wife does not wish to exercise her right to have appraisals by experts as to the value of the various interests of Husband. She understands that such appraisals would be necessary to fix the fair market value of these interests for purposes of equitable distribution.. 6. PERSONAL RIGHTS Wife and Husband have been separated and living apart for a period in excess of one (1) year, and may and shall, at all times hereafter, continue to live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. 7. NO MOLESTATION Husband and Wife shall not molest or interfere with each other, nor shall either of them attempt to compel the other to cohabit or dwell with her or him, by any means whatsoever. Neither party shall harass or be verbally or physically abusive to the other. 8. MUTUAL RELEASES 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 interest, 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 or curtesy, or claims in the nature of dower or curtesy 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 lite, 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 thereof, to include any rights pursuant to the Social Security Act. 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 hereafter acquire, 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 thereof. 9. EQUITABLE DISTRIBUTION OF PROPERTY It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage, as contemplated by The Act of April 2, 1980 (P.L. 63, No. 26) known as "The Divorce Code", 23 P.S. 3101 et. seq. of the Commonwealth of Pennsylvania. And further, that the parties have attempted to divide their marital property in a marmer which conforms to the criteria set forth in 3502 of the Permsylvania Divorce Code, and taking into account the following considerations: the length of the marriage, the proper marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of one party to the education, training, or increased earning power of the other party; the opportunity of each party for future acquisition 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 marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard ofliving of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 10. DISTRIBUTION OF PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, 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 tangible personal property presently in his or her possession, and 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. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. 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 either party if, in the case of tangible personal 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 personal property, if any physical or written 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 his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits 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. 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 except for the vehicle in Wife's possession as described in the preceding paragraph. 11. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible and intangible, subsequently acquired by the other party. 12. SUBSEQUENT PERSONAL DEBTS Husband and Wife agree from time of the signing of this Agreement that each party shall be responsible for their own debts and hold each other harmless from same. There are no marital debts. 13. FUTURE DEBTS Husband and Wife hereby mutually agree that subsequent to the execution of this Agreement, neither party shall incur any debts which will obligate the other to make payment for same. Husband and Wife hereby acknowledge that there are no outstanding bills or other indebtedness which have been incurred by either for the liability of the other, and both parties hereby covenant and agree that neither shall have any financial obligation to pay any financial obligations which are solely the financial obligation of the other and which have been contracted by either party solely for their own benefit and without the knowledge or consent of the other party. Husband and Wife further agree that they will indemnify the other from any and all claims or demands made against the other by reason of any debts or obligations contracted in violation of this Agreement. 14. WARRANTY AS TO EXISTING OBLIGATIONS Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 15. BANKRUPTCY In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers, and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 16. INCOME TAX PRIOR RETURNS The parties have heretofore filed seperate Federal, State and local income tax returns for the past three years. 17. 2005 INCOME TAX RETURN Husband and Wife agree that they shall file separate tax returns. 18. CUSTODY NOT APPLICABLE 19. ALIMONY The parties shall pay no alimony to each other. 20. MEDICAL INSURANCE Husband and Wife will continue with their own medical coverage. 21. RETIREMENT FUNDS A. The Husband is self employed and has no retirement plan. S. The Wife is employed by Ahold Financial Services and has a savings plan and pension plan. Husband waives any and all rights he has in any plans wife is entitled to through her employer. 22. REAL PROPERTY The parties own a residence located at 231 Pine Grove Road, Gardmers, Cumberland County, P A 17324. The property is titled in both parties' names and held as tenants in the entireties. Husband currently resides in the residence and Wife resides in a separate apartment in Carlisle, P A. From the date following the signing of the agreement, Husaband shall be responsible for all mortgages,on the residence. He shall also be responsible for all maintenance and payment of all necessary repairs, taxes, assessments and utilities. Husband agrees to hold Wife harmless from any and all creditors and lien holders. Wife understands that Husband is not currently in a financial position to obtain refinancing of the residence; therefore, for a period not to exceed three (3) years from the date of this agreement, Husband need not refinance the home. However, within three (3) years, Husband must have Wife's name removed from any and all mortgages on the property. Once Wife's name is removed from any and all mortgages, Wife shall execute a deed relinquishing any and all rights she has in the property. Irrespective of any increases in value of the property, Wife shall receive no portion of any proceeds if the property is sold or refinanced. 23. LIFE INSURANCE The parties may maintain and name any person beneficiary of any life insurance policies they have in effect at the signing of this agreement or any future policies obtained. 24. DIVORCE Husband and Wife agree that Wife has filed a Complaint in Divorce on seeking a divorce on the basis irretrievable break-down. Husband and Wife both agree that at the time of signing this Agreement both parties will execute the required Affidavits of Consent to be filed with the Court to allow the Court to grant a divorce on the basis of mutual consent. Husband and Wife both agree that each party is to bear their own attorney fees, costs and expenses in connection with this divorce and drafting and negotiation of this Agreement. And, the parties hereto state and agree that this Agreement shall not in any way be construed as a collusive agreement. 25. WAIVER OF SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY The parties herein acknowledge that by this Agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient financial resources to provide for their comfort, maintenance and support, in the station of life in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, support or maintenance, except as set forth in paragraph 19 of this Agreement relating to the alimony payments to Wife from husband. 26. ATTORNEY FEES, COSTS & EXPENSES The parties agree to waive receipt of and to be responsible for their own attorney fees, costs and expenses in connection with the negotiation and preparation of this Agreement and the granting of a divorce decree. 27. BREACH OF AGREEMENT If either party fails in the due performance of obligations under this Agreement at their election, the non-breaching party shall have the right to sue for damages for breach of this Agreement or to rescind same and seek such legal remedies as may be available to them. The breaching party will be responsible for actual legal fees and costs incurred by the non-breaching party necessary to the enforcement of this Agreement, and is obligated to pay such fees and costs regardless of settlement before hearing or trial through the date of compliance. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal of State law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 28. PROVISIONS The parties agree that the separate obligations contained in this Agreement shall be deemed to be interdependent. If any term, condition, clause or provision of this Agreement shall be determined by a Court of competent jurisdiction to be invalid or unenforceable, then the parties agree that the Agreement may be reviewed and renegotiated in order to fulfill as closely as possible the purpose of the invalid provision. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and ~/7~~~ DENNIS J. LE , ~;7, / /./ ," ~~~~~:~ COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND On this, the '30 day of November, 2005, before me, a Notary Public, the undersigned officer, personally appeared Dennis J. Lehman and Melanie A. Lehman, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within Property Settlement Agreement, and acknowledged that they executed the same for the purposes therein contained. MOlJ.,. IIH. ICMEN KAY IUCIQIY NOlaIy l'UbIc 1OUIt1lD:lLE1CH1WItCUl..L!r ~CXlUNI\' Mfc:u.,.,.lIC"raEIpNI.kl1U,2009 JMt Jlllllill'0M YIJll:lUl VAll_ '*"'" v"- 'III4OO:l~!lIM IIClII.llDoIIfIlIOo 'IlIOC .&1 nul ~ _'MlO:) ~ \:) ,_0") ::1-1 =-=' 1"'. \_.;.:, ~ , . c:: c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELANIE A. LEHMAN, Plaintiff CIVIL ACTION - LAW vs. CASE NO. 06-6037 DENNIS J. LEHMAN, Defendant IN DIVORCE PLAINTIFF'S AND DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE BEING FILED I. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed on November 23, 2005 filed in the above-captioned action. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and at least ninety days have elapsed from the date of filing the Complaint. 3. We consent to the entry of a final decree of divorce by the Court of Common Pleas of Cumberland County. 4. We understand that we may lose our rights concerning alimony, division of property, lawyer's fees or expenses if we do not claim them before a divorce is granted. 5. Defendant hereby swears that he was served with a true and correct copy ofthe Complaint, Notice to Defend and Claim Rights and Notice of Availability of Counseling on November 30, 2005, via personal service. 6. Both Plaintiff and Defendant waive the requirement that a Notice ofIntention to Request Entry of Divorce Decree be filed in this matter and pray the Court enter a decree divorcing Plaintiff from Defendant. I, MELANIE A. LEHMAN, verify that the statements made in this Plaintiffs and Defendant's Waiver of Notice of Intention to Request Entry of Divorce Decree Being Filed are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn f: Isification to authorities. Date: (0 -r-CJ~ I, DENNIS J. LEHMAN, verify that the statements made in this Plaintiffs and Defendant's Waiver of Notice of Intention to Request Entry of Divorce Decree Being Filed are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: a- ~8 ~ 0' ~/J. ,eL___,_ Dermis J. LehJran,-befendant ' , -::-:; <"", r::~ " ,-, '~:':f1 {'~;'\ C. '~~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELANIE A. LEHMAN, Plaintiff CIVIL ACTION - LAW vs. CASE NO. 05-6037 DENNIS J. LEHMAN, Defendant IN DIVORCE PLAINTIFF'S AND DEFENDANT'S AFFIDAVIT OF CONSENT AND DEFENDANT'S ACKNOWLEDGEMENT OF SERVICE I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 23, 2005 in the above-captioned action. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and at least ninety days have elapsed from the date of filing the Complaint. 3. We consent to the entry of a final decree of divorce by the Court of Common Pleas of Cumberland County. 4. We understand that we may lose our rights concerning alimony, division of property, lawyer's fees or expenses if we do not claim them before a divorce is granted. .5. We have been advised of the availability of marriage counseling and understand that we may request that the Court require us to participate in counseling. 6. We understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to us upon request. 7. Being so advised, we do not request that we participate in counseling prior to a divorce decree being handed down by the Court. 8. Defendant hereby acknowledges service of true and correct copies ofthe Complaint, Notice to Defend and Claim Rights and Notice of Availability of Counseling were served upon him on November 30, 2005 by personal service and waives the thirty day expiration of the writ. I, MELANIE A. LEHMAN, verify that the statements made in this Plaintiffs and Defendant's Affidavit of Consent and Defendant's Acknowledgement of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~ - 3 -OG-J ~ --- Me anie A. an, Plamtlff I, DENNIS J. LEHMAN, verify that the statements made in this Plaintiffs and Defendant's Affidavit of Consent and Defendant's Acknowledgement of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Ol,- O€- Oh <Z2~~~'f/"-~ Dermis J. Le n, &-~dant ). " COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND Before me, the undersigned officer, this ~ 1'::: day of J~ , 2006, personally appeared MELANIE A. LEHMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Plaintiffs and Defendant's Affidavit of Consent and Defendant's Acknowledgement of Service and acknowledged that she signed the same for the purposes therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. .-.-.., Mre... COMMONWEALTH OF PENNSYL VANIA COUNTY OF _(UMA-he,.)ru ~ Before me, the undersigned officer, this ~~ day o~'.(c- "_ ,2006, personally appeared DENNIS J. LEHMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Plaintiff s and Defendant's Affidavit of Consent and Defendant's Acknowledgement of Service and acknowledged that he signed the same for the purposes therein stated. ss IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARIAL SEAl. KAREN KAY BUCKLlY Noklty Public: IOUlH MIXlIE10N l\W,CUI'4ERIANDCOUNlY Mr C_ ExpiresJun 23,2009 ~ 'ClI unr AINICX) 1~..~JO:)Aw HOIIIacMIInCI NJWll ON W.COUJW~:MJ i.):tV.~~',I'''l!)j. 51 ~){)O.Q ,Dn,1HVt[.t)ftK"M 1Mb (f'll'.lCri: :',r\~'! '-::.. (n!1,.ot!) ~rVl\J\ b,r~'i:c ~f'" ,").'~ ~~;:'K:H ~K.i';"i1(\1r(f,vI r_,:)~ ~ COWU;i\1tiOU f~l~(jJ If'\L .'S~ SO()~, IOIllHNlt'f,C'" _en\,; ,.."'1l'J';onIW io'fL.'4';',:>>Ajo,;"'It<llC 1('<1\)0.1 ~A t.tl'I('KfP:'A ~l"1))rii~;"l !P 'f3J)l \1 ,.....,_. 1";\,\11'" t'1t'Aj-ql' I",''!'', }'i'Yli,';/;~ :l ~-!o,;.. ' >'r,!"t'1Q.1 '1M """'-'- .'fit r~., ~\, \ --,.. ,-,-~. L_ :::-:1 ;'-I-j I to"~ ....,. C"l C'; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELANIE A. LEHMAN, Plaintiff CIVIL ACTION - LAW vs. CASE NO. 2005-06037 DENNIS J. LEHMAN, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I hereby certify that a true and correct copy of the foregoing Complaint under Section 3301(c) of the Divorce Code with a Notice to Plea and a Notice with Affidavit under Section 3301 (c) of the Divorce Code were duly served by personal service upon me and I waive the need for service of the documents in any other form: Date: / / - 3tJ ~ () :;- ~ (~/! -3 \,,';.) -- -" G! u' c --- ... IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF PENNSYL VANIA COUNTY BRANCH-CUMBERLAND MELANIE A. LEHMAN, Plaintiff CIVIL ACTION - LAW vs. CASE NO. 05-6037 DENNIS 1. LEHMAN, Defendant IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD I. Grounds for divorce: X Section 330I(c) of the divorce Code Section 330I(d) ofthe Divorce Code 2. (a) Date complaint filed: November 23, 2005 (b) Date of Service of the complaint: November 30, 2005 (c) If service 30 days after date of filing, date complaint reinstated: N.A. (d) Manner of service of the complaint: Certified mail, restricted delivery to and return receipt signed by defendant. (Attached) First-class mail - not returned, certified mail refused, IS days have elapsed Date of mailing Date certified mail refused Personal service by Sheriff and/or Deputy Sheriff Personal service by competent adult other than Sheriff (Affidavit attached) 2- Acceptance of service (copy attached) By publication pursuant to Order of Court (Copy of Order attached) 3. (a) Affidavit of consent required by Section 3301(c) of the Divorce Code: Date of execution: Date of filing: Plaintiff Plaintiff Defendant Defendant June 8. 2006 June 9, 2006 June 8, 2006 June 9, 2006 -n (b) Plaintiffs affidavit required by Section 3301(d) ofthe Divorce Code: Date of execution: Date of service upon defendant: 4. Related claims pending: NONE 5. (a) Date of service of the notice of intention to request entry of divorce decree, copy of which is attached: Manner of service of notice of intention: Certified mail First-class mail Personal service Acceptance of service Publication pursuant to Order of Court Other (b) Date waiver of notice of intention to request entry of divorce decree was filed with the Prothonotary: By Plaintiff: By Defendant: June 9, 2006 June 9, 2006 6. Other: Copy of PROPERTY SETTLEMENT AGREEMENT dated November 30,2005, is to be incorporated into Divorce Decree. VERIFICA nON I verify that the statements made in this Praecipe are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: ~ ct, 2.000 ;::::,,) :--J "il \-;) u, c...n C) ;t; ;t; ;t; ;t; ;t; ;t;;t;;t; ;t; ;t; ;t; ;t; ;t;;t; ;t;;t;;t; ;t; ;t; ;t; PENNA. ;t; if. if. if. if. ;t; ;t; IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF MELANIE A. LEHMAN, Plaintiff No. 6037 2-CJO 5 VERSUS DENNIS J. LEHMAN, Defendant DECREE IN DIVORCE AND NOW, 1~ , }....OCJ(" IT IS ORDERED AND I) ~ DECREED THAT MELANIE A. LEHMAN , PLAI NTI FF, AND DENNIS J. LEHMAN , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The attached copy of the parties' Property Settlement Agreement dated November 30, 2005, is made a part hereof and is incorporated by reference. Odd, J. PROTHONOTARY if. if. if. if. if. ;t; if. ;t; ;t; c. h;:! ~~;t, ?t? j/-') ~j2P~ ~ ~~~ ?fl.JI-,/ '.'~" II ~ 1 """'c iii'" . . .,. , . .