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Home My WebLink About05-6093 II TROY R. LEHMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 0 ~'. 4093 c.u.:-f' -r;:~ Plaintiff VS. I I! Ir !! I' II I !I II II I II II I' II ! , MICHELE D. LEHMAN, Defendant 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. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania J 7013. 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 HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (71 7) 249-3166 '! I' ! ,. ii II II ,. ii II ,I , L II , II TROY R LEHMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA II I: I I I Plain tiff VS. NO. MICHELE D. LEHMAN, Defendant CIVIL ACTION - LAW IN DIVORCE A VISO PARA DEFENDER Y RECLAMAR DERECHOS I II I I II II " II I' ,I " I' I II USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se Ie avisa que si no se detlende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion reclamados por el demandante. U sted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA MEITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEV AR ESTE P AREL A UN ABOGADO DE INMEDIA TO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VA Y A 0 LLAME A LA OFICINA INDICADA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. I 1 I I 1 I I Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 II TROY R LEHMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 05. I,. U"r 3 ~,-Q-r;..-- Plain tiff vs. MICHELE D. LEHMAN, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY COMPLAINT UNDER SECTION 3301(c)OF THE DIVORCE CODE AND NOW, this 2.day of , ?;~~ comes the Plaintiff, Troy R. Lehman, by his attorney, Jane M. Alexander, Esquire, and files ,2005, this Complaint upon a cause of action of which the following is a statement I. Plaintiff is Troy R. Lehman, who currently resides at 15 Pine School Road, Gardners, Dickinson Township, Cumberland County, Pennsylvania 17324. 2. Defendant is Michele D. Lehman, who currently resides at 15 Pine School Road, Gardners, Dickinson Township, Cumberland County, Pennsylvania 17324. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint 4. The Plaintiff and Defendant were married on January 23, 1999 in Peach Glen, Adams County, Pennsylvania by a Minister. 5. There were no children born between the parties during the marriage. 6. There have been no prior actions of divorce or for annulment between the parties 7. The parties have not entered into a written agreement as to alimony, counsel fees, cost, and property division. 11 I' I r I II II II ii II II I II 1\ Ii II I II I: \, I' I' , " I! 'I 11 II Ii Ii I 1\ il II II Ii II II ! 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. The marriage is irretrievably broken. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. COUNT II 10. The aJlegations of Paragraph one (I) through nine (9) are incorporated herein by reference and made a part hereof 11. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property of whatsoever kind and whosesoever situate and tor such further relief as the Court may deem equitable and just. Respectfully submitted, fi .fl..) '- II " ~ I, II !I II Verification I verify that the statements made in this Complaint in Divorce and Petition for custody 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. //1 "U DATE ///7/0:) , ,---J I! COMMONWEALTH OF PENNSYLVANIA il S.S. [I COUNTY OF YORK II " ii II Ii I, I I Before me, the undersigned officer, a Notary Public, in and for the said Commonwealth and County, Personally appeared Troy R. Lehman who, being atllrmed according to law, deposes and says that the facts and matters set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. ) . / './~= '. /WL--' !Oyo/ Ir I' ,I II t Sworn to and subscribed before e this 'T'" day of r~ ,2005. Notarial Seal LestJe K, Neidig, Notary Public Warrington Twp, York County My Commission Expires Feb. 4, 2007 Member, PQnn5yl'l~nja A~socjation Of Notaries I i L ii I II ;1 ~ ~ '" , ~ f I ...l " , '" , i> ~ . " , ",i ~, "- ~ l~ '-, I;"- l~ "'" I C> "" !..AI ':'- "" -4 ()I e. V '-" c: "- '(:) t ,~ r,' '.J ~' 'I- ,') -...., c) '.1 :::".~ I_J -q :::J t\; l.[) 0, \'"./i II II II 1\ TROY R. LEHMAN, Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA II MICHELE D. LEHMAN, i i Defendant II i! II II I! I' ,I Ii II ,I " I' II I, 11 Ii VS. NO. 05-6093 Civil Term CIVIL ACTION - LAW IN DIVORO; ACCEPTANCE OF SERVICE I, the Defendant, Michele D. Lehman, do hereby accept service of the true and correct copy of a COMPLAINT IN DIVORCE in person at 148 S. Baltimore Street, DiIlsburg, P A 17019 on December oJ! , 2005 at S- : ,)'0 P.M. , Date: Ii " ii 'I i II ,I I: 'I \, II I /__J-;)J -oS- l/// MiCh~. Lehma Defendant \ '- s:- :::1 '. I .. l"n ~-'.~ I I c'") ;::: ..- "', - c:> ....~ .-,-.-" " \~j " f...> Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA TROY R. LEHMAN, vs. NO. 05-6093 Civil Term MICHELE D. LEHMAN, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE The true and correct copy of a COMPLAINT IN DIVORCE was caused to be served to the defendant, Michele D. Lehman, in person on December 21, 2005 at 5:50 PM. Proof of which is attached hereto and made a part hereof / I \ Sworn and subscril;1ed before me is o? t{fII day of '",[-<'<"/ 2005. - Notarial Seal Leslie K. Neidig, NOt2ry Public Warrington Twp, Yorl< County 7 My CommiSSIon Expires Feb. 4, 200 . Member. Pannsylvania Association Of NotaneS ~.) ~':'::' '~_J ~;;r"" C) .-1"1 ::;:! '- 11 C) ,''>...J .r:- II TROY R. LEHMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff vs. MICHELE n. LEHMAN, Defendant : IN DIVORCE : NO. 05-609:3 CIVIL TERM NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warncd that if you fail to do so the case may proceed without you and ajudgment may bc cntcrcd against you by thc Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff You may lose money or property or other rights important to you. YOU SI10ULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HA VE A LA WYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORM A nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MA Y 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 Carlisle. P A 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. By the Court: Date: J. II TROY R. LEHMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff vs. MICHELE D. LEHMAN, Defendant : IN DIVORCE : NO. 05-609.3 CIVIL TERM AMENDED COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE , , " , I / ,--' AND NOW, this/Y~ay 0/ . <'. . ,)D06, comes the Plaintiff, Troy R. Lehman. by his attorncy, Jane M. Alexander, Esquire, a files this Complaint upon a cause of action of which the following is a statement. 1. Plaintiff is Troy R. Lehman, who currently resides at 15 Pine School Road, Gardners, Dickinson Township, Cumberland County, Pennsylvania 17324. 2. Defendant is Michele D. Lehman, who currently resides at 15 Pine School Road. Gardners, Dickinson Township, Pennsylvania 17324. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months Ii 11 [I immcdiately prcvious to thc filing of this Complaint. 4. The Plaintiff and Defendant were married on January 23, 1999 in Peach Glen, Adams County. Pennsylvania by a minister. 5. There was onc child born between the parties during the marriage; Shaylee Lehman, born July 18. 1999, agc 6. 6. There havc been no prior actions of divorce or for annulment between the parties. 7. The parties havc not entered into a written agreemcnt as to alimony, counsel fees, cost and property division. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. The marriage is irretricvably broken. WHEREFORE. the Plaintiff prays your Honorable Court to enter a Decree of Divorce II from the bonds of matrimony. COUNT II I I II ! 10. The allegations of Paragraph one (1) through nine (9) are incorporated herein by reference and made a part hereof. 11. During the marriage, Plaintiff and Defendant have acquired various items of marital property. both real and personal. which are subject to equitable distribution under Chapter 35 of the Divorce Code. 12. Plainti ff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE. the Plaintitf prays your Honorable Court to equitably divide all marital property of whatsoever kind and whosesoever situate and for such further relief as the Court may deem equitable and just. ,. j' j II I' II ,I I' " :i 11 II II ,1 II I I I I I !I Respectfully submitted. ne M. Al x, der. Esquire ttorney for .Plaintiff 1.0. No. 07355 148 South Baltimore Street Dillsburg. P A 17019 (717) 432-4514 II VERIFICATION I 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 un-sworn falsification to authorities. Date: ;2-hy-lo(~ " \ "../ C --- L. c / ."'..j'-r , . (DY R. Ld'\m~n L</r " I! II II I, II , COMMONWEALTH OF PENNSYLV ANIA S.S. COUNTY OF YORK Before me. the undersigned officer, a Notary Public- in and for the said Commonwealth and County. personally appeared Troy R. Lehman who. being affirmed according to law. deposes and says that the facts and matters set forth in the foregoing Complaint are true and correct to thc best of his knowledge, information and belief. i' II " I' I: II (' \ / >. .- -",-. _....:.,:.,r. - 'l\': l~' I ___./" Troy R. Lehmlm' / ,; { '- /'-j- C ,'"f.,: ,,:,":,:,,'.,jl, (_l,;,<'i..' < ',\otH\' i~li\)ji,: I \ .'1' 'f CI~, CUi/'lty r"ly ~'>:Ii':' Feb 4, :\")Oi 1"\ ,",i 0 "" 0 => ~~ ~ -,., 0.... w ,~ ::JI: .-j :xc rn I """ rn ::n ;; '. :;0 rh . "U I'T1 .::,'::, J~i 0 en I .,' <) r-\ _~:J ;.', ::..~ v ~:? q " :x (:OS :f:~ ~ _:~ :':; Nj .. (~:J ,--I ;...:~ I~ -.'1 0 ~-CI .-<., N -< I, i! i: II TROY R. LEHMAN, !I Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA vs. NO. 05-6093 Civil Term MICHELE D. LEHMAN, Defendant CIVIL ACTION - LAW IN DIVORCE !I II I, , ii ii :i il ACCEPTANCE OF SERVICE " i I, \i " I, the Defendant, Michele D. Lehman, do hereby accept service of the true and correct Ii copy ofa COMPLAINT IN DIVORCE in person at 148 S. Baltimore Street, Dillsburg, PA I ,I 170190nMarch 19, 2006 at 6:00P.M. I! III r 'I' I, II " " i! D II ate: II 'I II " I 3 -1;- 0 ~ \ >.....,.-,.................. Michele D. Lehma , 15 Pine School Road Gardners, P A 17324 I II II Ii II I, ]1 II II \ II jl II il Ii :1 i \ c :'..--;"' -",- ,., . ' , TROY R. LEHMAN, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. VS. NO. 05-6093 CIVIL TERM MICHELE D. LEHMAN, DEFENDANT CIVIL ACTION - LAW IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT AND NOW, this clf~Of .)/}/~A"'~2006, byandbeiween Troy R. Lehman of 15 Pine School Road, Gardners, Cumberland County, Pennsylvania 17324 (hereinafter referred to as "HUSBAND") and Michele D. Lehman of 15 Pine School Road, Gardners, Cumberland County, Pennsylvania 17324 (hereinafter referred to as "WIFE".) WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on January 23, 1999 in Peach Glenn, Adams County, Pennsylvania. HUSBAND instituted an action in divorce to No. 05-6093 in the Court of Common Pleas of Cumberland County, Pennsylvania on November 29,2005. The pleadings in the case requested dissolution of the marriage between the two parties and for such further relief that the Court may deem equitable and just; and WHEREAS, the parties have reached an agreement as to the settling of all matters relating to the divorce and to the custody and support of the child born of this marriage: Shaylee Lehman born July 18, 1999, age 6. Page 1 of 10 NOW, THEREFORE, in consideration of the promises and 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, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree 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 terms of this Agreement and their effect have been fully explained to the HUSBAND by his counsel, Jane M. Alexander, Esquire. WIFE has been advised of her rights to seek counsel of her own and has chosen not to do so. The parties acknowledge tha they have received independent legal advice from counsel of their choice and have been fully informed as to their legal rights and obligations or have chosen not to do so. The parties understand the facts and acknowledge and accept this Agreement as fair and equitable. 3. 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 ofthe 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, and the division is being effected without Page 2 of 10 the introduction of outside funds or other property not constituting a part of the marital estate. 4. 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. 5. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreement 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. 6. DEBTS OF THE PARTIES: It is mutually agreed and understood by and between the parties that all joint debts have been paid including open accounts, credit cards, and bank liabilities except as hereinafter set forth: 6.1) a) HUSBAND shall assume payment of the Citi Visa card and shall be solely responsible for the payment thereof. HUSBAND shall indemnify WIFE and hold her harmless from and against any and all demands or payment or collection activity of any nature Page 3 of 10 II whatsoever relative to the aforesaid credit card debt. HUSBAND shall, within thirty days of the execution of this agreement, refinance said debt to remove WIFE'S name as responsible party . b) HUSBAND agrees to pay one-half of WIFE's student loans due and owing for her continuing education at Computer Learning Network. Said payment shall not exceed $7,000. 6.2) The HUSBAND shall assume all liability for and pay and indemnify the WIFE against liability for all debts and bills in his name alone, particularly those incurred since date of filing Complaint in Divorce. 6.3) The WIFE shall assume all liability for and pay and indemnify the WIFE against liability for all debts and bills in her name alone, particularly those incurred since date of filing Complaint in Divorce. 7. PERSONAL PROPERTY: As to all items of personal property which the parties have divided to their mutual satisfaction, 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 hind, nature and description and wherever situated, which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE, with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were not Page 4 of 10 married. Specific disposition of major items or personal property is as follows: 7.1) Bank Accounts: a) Each party has opened and maintained their own separate bank accounts since the time of separation. Neither party will make a claim against those funds. 7.2) Vehicles: a) HUSBAND shall retain possession title and sole ownership to the following vehicle: 1998 Dodge Ram Pickup, which is titled in HUSBAND's name only. b) WIFE shall retain ownership and have titled in her name the Chevrolet Cavalier. HUSBAND shall provide vehicle insurance coverage on all vehicles until the date of the divorce. 7.3) Life Insurance: HUSBAND maintains a life insurance policy with American Fidelity Assurance Ocmpnay in the amount of$100,000. He shall continue to maintain said policy, naming he parties' daughter, Shaylee Lehman, as beneficiary until she reaches the age of twenty-five (25). HUSBAND shall provide proof to WIFE upon her request as to his maintenance of the policy. 7.4) Household furnishings: The parties have divided the household furnishings to their mutual satisfaction and each retain possession of their personal Page 5 of 10 belongings, clothing and pre-marital items. When WIFE removes from the marital residence she may remove those items of personal property, pre-marital items and furnishings agreed upon. 7.5) Pensions: Stock options, Retirement funds, IRAs: Neither party will make any claim for a share of any pension plans, 401 (k), or similar accounts of the other. 8. REAL ESTATE: a) The marital residence ofthe parties located at 15 Pine School Road, Gardners, PA 17324 is presently occupied by both parties and their child. However, on December 6, 2005, WIFE conveyed all her right, title and interest to HUSBAND. On that date, HUSBAND refinanced the mortgage on the home with National City Mortgage and assumed a new mortgage in his name only in the amount of $99,000. HUSBAND paid all costs and fees relating to this transaction. As of that date, he assumed full and sole responsibility for payment of the mortgage and all expenses relating to the residence including, but not limited to, taxes, insurance, mortgage payments, and utilities. From the proceeds of said loan WIFE received the sum of $14,000 in full satisfaction of her claims of marital property except as herein set forth. 9. SPOUSAL SUPPORT/ALIMONY: HUSBAND will pay WIFE $50 per week alimony for a period of two years from the date she moves from 15 Pine School Road, Gardners, P A 17324. Page 6 of 10 10. CHILD SUPPORT: HUSBAND will pay to WIFE the sum of $200 per week child support from the day she and the child move from 15 Pine School Road, Gardners, P A. At the time of execution of this agreement, HUSBAND maintains health insurance for WIFE as well as minor daughter. Health coverage for WIFE will terminate as ofthe date of the divorce. If WIFE is able to provide coverage for the child at a reduced rate from which HUSBAND pays, she shall provide coverage for the child. After the divorce becomes final, HUSBAND may terminate health insurance for the child. However, if at any time WIFE is unable to provide coverage, HUSBAND shall maintain health coverage on the parties' daughter, Shaylee, until she reaches the age of eighteen (18). If HUSBAND is able to provide coverage beyond eighteen (18), he should continue to do so. In the event there are any unreimbursed medical expenses for the child from the time of execution of this agreement forward, the parties shall equally divide those expenses. 11. CHILD CUSTODY: The parties shall have joint legal custody of their daughter, Shaylee, and when the parties are no longer living together, parties shall have joint physical custody of the child as they may from time to time agree. For the purpose of establishing the child's residence for purpose of school attendance, it shall be considered Mother's residence unless the parties Page 7 of 10 II agree otherwise if circumstances should change. 12. 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 the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 13. STATUS OF SETTLEMENT: The property settlement as provided herein between the parties shall be considered an equitable distribution of marital property and both parties waive any and all rights or claims which they may have been entitled to raise with respect to the issue of equitable distribution under the Provisions of the Pennsylvania Divorce Act. 14. The parties agree that simultaneously with the signing of this Agreement they will sign the necessary affidavits of consent and affidavits acknowledging notice of marriage counseling in order to conclude the divorce action filed by HUSBAND under the no-fault provisions of the Pennsylvania Divorce Act. 15. The waiver or unenforceability of any term, condition, clause or provision of this Page 8 of 10 11 I Agreement shall in no way be deemed or considered to be a waiver of or forfeiture of right to enforce any other term, condition, clause or provision of this Agreement. 16. This Agreement shall be construed and interpreted according to the laws of the Commonwealth of Pennsylvania. 17. It is understood and agreed that the heirs, administrators, executors and assigns of the parties hereto shall be bound by all the terms, conditions, clauses and provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written, intending to be legally bound. wrVtmss BY: I L Page 9 of 10 . COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF YORK On this, the ;? 9 yj, day of Yl~ , 2006, before me the undersigned officer, a Notary Public, in and for said Commonwealth and County, Personally appeared Troy R. Lehman, know to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marriage Settlement Agreement and in due form acknowledged that he executed the same for the purpose therein contained and desired the same to be recorded as such. WITNESS my hand and notarial seal the day a My Commission Expires: Notarial Seal Leslie K Ne:diq, Notary Public Warringlcr .","';0 YOIl<. County My ComlTIl~:::~.r_!:,;;:!res Feb. 4, 2007 MerJ'ib8' '''~' "".',cdation Of Notaries COMMONWEALTH OF PENNSYLVANIA SS My Commission Expires: COUNTY OF yo RK. On this, the ;c;i6 day of ~~ ,2006, before me the undersigned officer, a Notary Public, in and for said Commonwealth and County, Personally appeared Michele D. Lehman, know to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marriage Settlement Agreement and in due form acknowledged that she executed the same for the purpose therein contained and desired the same to be recorded as such. WITNESS my hand and notarial seal the ~said. . _;{; Mt __ ___ ?4 i\:.jtmial 8.:.'al J' Leslie f( N,)!o!q. Notwy Public WarrinQ\c;r-"'''ID, vOIl<. Cour,ty My CO'T'111,';".','''' ,I' '.'''''''' I=e-b 4, 2007 -' , , .", ._'.' ".., ,.' 'f__' ~'_' , . I Men~b,::1 p~,.^, -_.~~~'"..~... '~::::r:i.-:~tiun OfNli~rjes Page 10 of 10 L ~ ~ _J [ , (~ ~~ ~: .< II TROY R. LEHMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. Plaintiff vs. NO. 05-6093 MICHELE D. LEHMAN, Defendant CIVIL ACTION-LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 29,2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in the Affidavit 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: -r II(:)/~ , 1 I .I I , j ! \ 1 ~ '-I"r i.....,., o o C~:J II TROY R. LEHMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. Plaintiff vs. NO. 05-6093 MICHELE D. LEHMAN, Defendant CIVIL ACTION-LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER CODE SECTION 3301(C) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verity that the statements made in this affidavit, are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: -; /;= /oe; , I I I \ \, ~ , \ \ \ \ 1 \ ,. , 1"':' o ..r.- ~~.,:''' II TROY R LEHMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. Plaintiff VS. NO. 05-6093 MICHELE D. LEHMAN, Defendant CIVIL ACTION-LAW IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 29, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verity that the statements made in the Affidavit 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: (-10-0 lJL ~. '\ \ C) -n ::-:-1 ;';:\ ("" '0 ,:::"' II II TROY R LEHMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA, Plaintiff vs. NO. 05-6093 MICHELE D. LEHMAN, Defendant CIVIL ACTION-LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER CODE SECTION 3301(C) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy ofthe decree will be sent to me immediately after it is filed with the Prothonotary. I verity that the statements made in this affidavit, are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 7-lo-OGJ L Michele D. Lehman \ I \ . , , \ \ 1 \ !-.<') gL.) C~-.. ~n f'-) D ..,.,,:;, i'-~' c-':' II TROY R LEHMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. OS" - ,"09..3 MICHELE D. LEHMAN, : ACTION - LAW Defendant: IN DIVORCE ACCEPTANCE OF SERVICE (3'u,L I~ I, Michele D. Lehman, Defendant do hereby accept service to the true and correct copy of the Amended Complaint in Divorce in person at 148 S. Baltimore Street, Dillsburg, P A 17019 on March 19,2006 at 6:00 P.M. Date: ---.311 ~/tJ? I ' Michele D. Lehm 15 Pine School Ro d Gardeners, P A 173 4 ! \ \ \ \ , \ , , \ , , i , \ \ \ \ "J \ ) I, \ \ ", ~ri ,-' '" ""I f'"J c::' ;:..'" c: II TROY R LEHMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff VS. NO. 05-6093 Civil Term MICHELE D. LEHMAN, ACTION - LAW IN DIVORCE Defendant AFFIDAVIT OF SERVICE The true and correct copy of an AMENDED COMPLAINT IN DIVORCE was caused to be served on the defendant, Michele D. Lehman, in person on March 19, 2006. Proof of which is attached hereto and made a part hereof. Sworn and subscribed before me this .20~ day of (J~ ,2006. ~...L_ Notary Public COMMONWEAlTH OF PENNSYLVANIA NolariaI Seal NarumoI Alexander. Notary Public DilIsbu1g Boro. YOlk County My Corm1lssIon E>cpinls """. 7.201 0 Member. Pennsylvania Association of Notaries C7~ .-.< ;-[1 c.:., Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYL VANIA TROY R. LEHMAN, VS. : NO. 05-6093 Civil Term Defendant : CIVIL - ACTION LAW : IN DIVORCE MICHELE D. LEHMAN, PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the tollowing information, to the Court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under \j3301(c) (330l(d)(I)) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: was caused to be served to the Defendant in person on December 21. 2005 at 5:50 P.M. and the Amended Complaint in Divorce was caused to served to the Defendant in person on March 19. 2006 at 6:00 P.M. 3. (Complete either paragraph (a) or (b)) a) Date of execution ofthe affidavit of consent required by \j330 I( c) of the Divorce Code: by plaintiff July 10. 2006 ; by defendant July lO. 2006 . b) (I) Date of execution of the affidavit required by \j3301(d) of the Divorce Code: (2) Date of tiling of the 3301(d) affidavit: (3) Date of service of the 3301(d) affidavit upon respondent: 4. Related claims pending: All claims are settled and satisfied by Marriage Settlement Agreement dated /?fCl ~d:Jf :J.t'P0igned by both parties 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to request entry of the divorce decree, a copy of which is attached: (b) Date plaintiffs Waiver of Notice was filed with the Prothonotary: Date defendant's Waiver of Notice was filed with the Prothonotary: July 20. 2006. July 20. 2006. ~----_. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PEN NA. 'IIDY R. I..l'lMAN No. <l.5--6m VERSUS MIClIElE D. I..l'lMAN DECREE IN DIVORCE . c::r ~:S'3 f-,vI , /)lJI)(. , IT IS ORDERED AND AND NOW, ~I DECREED THAT 'IIDY R. I..l'lMAN , PLAINTIFF, AND Mfl1lF:r F D T FHoIAN , 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; -~ '" . , ~ ~ , - J~ '" V. - , , '" . J. . . . . , / ,...............-:.. '-- ,"' . - ~. .-- -. "'.- ,-..,-~ .....- . ~ - .......... .- RY . . . . . . . . . . . . . . . . . . . . -h:z ,~.~..... ~k. ~'L-f> ~ p~ /P/~~.v~'P?J ?~. L-p . " " I TROY R. LEHMAN, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. o ~ ('J NO. 05-6093 CIVIL TERM C ~ :: t-: -r 1"_ [''I1 I -.J VS. MICHELE D. LEHMAN, DEFENDANT CIVIL ACTION - LAW IN DIVORCE ~. MARRIAGE SETTLEMENT AGREEMENT ... OJ :.f,i AND NOW, this ;?~.~f dJ ~ ,2006, by and:~etw~n Troy R. Lehman of 15 Pine School Road, Gardners, Cumberland County, Pennsylvania 17324 (hereinafter referred to as "HUSBAND") and Michele D. Lehman of 15 Pine School Road, Gardners, Cumberland County, Pennsylvania 17324 (hereinafter referred to as "WIFE".) WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on January 23, 1999 in Peach Glenn, Adams County, Pennsylvania. HUSBAND instituted an action in divorce to No. 05-6093 in the Court of Common Pleas of Cumberland County, Pennsylvania on November 29,2005. The pleadings in the case requested dissolution of the marriage between the two parties and for such further relief that the Court may deem equitable and just; and WHEREAS, the parties have reached an agreement as to the settling of all matters relating to the divorce and to the custody and support of the child born ofthis marriage: Shaylee Lehman born July 18,1999, age 6. Page I of 10 NOW, THEREFORE, in consideration of the promises and 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, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: I I. The parties intend to maintain separate and permanent domiciles and to live apart II : from each other. It is the intent and purpose of this Agreement to set forth the respective I rights and duties of the parties while they continue to live apart from each other. 2. The terms ofthis Agreement and their effect have been fully explained to the HUSBAND by his counsel, Jane M. Alexander, Esquire. WIFE has been advised of her rights to seek counsel of her own and has chosen not to do so. The parties acknowledge tha they have received independent legal advice from counsel of their choice and have been fully informed as to their legal rights and obligations or have chosen not to do so. The parties understand the facts and acknowledge and accept this Agreement as fair and equitable. 3. 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, and the division is being effected without Page 2 of 10 II I the introduction of outside funds or other property not constituting a part of the marital estate. 4. 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. 5. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreement 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. 6. DEBTS OF THE PARTIES: It is mutually agreed and understood by and between the parties that all joint debts have been paid including open accounts, credit cards, and bank liabilities except as hereinafter set forth: 6.1) a) HUSBAND shall assume payment of the Citi Visa card and shall be solely responsible for the payment thereof. HUSBAND shall indemnifY WIFE and hold her harmless from and against any and all demands or payment or collection activity of any nature Page 3 of 10 whatsoever relative to the aforesaid credit card debt. HUSBAND shall, within thirty days of the execution of this agreement, refinance said debt to remove WIFE'S name as responsible party. b) HUSBAND agrees to pay one-half of WIFE's student loans due and owing for her continuing education at Computer Learning Network. Said payment shall not exceed $7,000, 6.2) The HUSBAND shall assume all liability for and pay and indemnify the WIFE against liability for all debts and bills in his name alone, particularly those incurred since date of filing Complaint in Divorce. 6.3) The WIFE shall assume all liability for and pay and indemnify the WIFE against liability for all debts and bills in her name alone, particularly those incurred since date of filing Complaint in Divorce. 7. PERSONAL PROPERTY: As to all items of personal property which the parties have divided to their mutual satisfaction, 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 hind, nature and description and wherever situated, which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE, with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were not Page 4 of 10 'I II , I I, I' I' I i I i married. Specific disposition of major items or personal property is as follows: 7.1) Bank Accounts: a) Each party has opened and maintained their own separate bank accounts since the time of separation. Neither party will make a claim against those funds. 7.2) Vehicles: a) HUSBAND shall retain possession title and sole ownership to the following vehicle: 1998 Dodge Ram Pickup, which is titled in HUSBAND's name only. b) WIFE shall retain ownership and have titled in her name the Chevrolet Cavalier. HUSBAND shall provide vehicle insurance coverage on all vehicles until the date of the divorce. 7.3) Life Insurance: HUSBAND maintains a life insurance policy with American Fidelity Assurance Ocmpnay in the amount of$100,OOO. He shall continue to maintain said policy, naming he parties' daughter, Shaylee Lehman, as beneficiary until she reaches the age of twenty-five (25). HUSBAND shall provide proof to WIFE upon her request as to his maintenance of the policy. 7.4) Household furnishings: The parties have divided the household furnishings to their mutual satisfaction and each retain possession of their personal Page 5 of 10 Ii belongings, clothing and pre-marital items. When WIFE removes from the marital residence she may remove those items of personal property, pre-marital items and furnishings agreed upon. 7.5) Pensions: Stock options, Retirement funds, IRAs: Neither party will make any claim for a share of any pension plans, 40 I (k), or similar accounts of the other. 8. REAL ESTATE: a) The marital residence of the parties located at 15 Pine School Road, Gardners, P A 17324 is presently occupied by both parties and their child. However, on December 6, 2005, WIPE conveyed all her right, title and interest to HUSBAND. On that date, HUSBAND refinanced the mortgage on the home with National City Mortgage and assumed a new mortgage in his name only in the amount of $99,000. HUSBAND paid all costs and fees relating to this transaction. As of that date, he assumed full and sole responsibility for payment of the mortgage and all expenses relating to the residence including, but not limited to, taxes, insurance, mortgage payments, and utilities. From the proceeds of said loan WIFE received the sum of$14,000 in full satisfaction of her claims of marital property except as herein set forth. 9. SPOUSAL SUPPORT/ALIMONY: HUSBAND will pay WIFE $50 per week alimony for a period of two years from the date she moves from 15 Pine School Road, Gardners, PA 17324. Page 6 of 10 10. CHILD SUPPORT: HUSBAND will pay to WIFE the sum of $200 per week child support from the day she and the child move from 15 Pine School Road, Gardners, P A. At the time of execution of this agreement, HUSBAND maintains health insurance for WIFE as well as minor daughter. Health coverage for WIFE will terminate as of the date of the divorce. If WIFE is able to provide coverage for the child at a reduced rate from which HUSBAND pays, she shall provide coverage for the child. After the divorce becomes final, HUSBAND may terminate health insurance for the child. However, if at any time WIFE is unable to provide coverage, HUSBAND shall maintain health coverage on the parties' daughter, Shaylee, until she reaches the age of eighteen (18). If HUSBAND is able to provide coverage beyond eighteen (18), he should continue to do so. In the event there are any unreimbursed medical expenses for the child from the time of execution of this agreement forward, the parties shall equally divide those expenses. 11. CHILD CUSTODY: The parties shall have joint legal custody of their daughter, Shaylee, and when the parties are no longer living together, parties shall have joint physical custody of the child as they may from time to time agree. For the purpose of establishing the child's residence for purpose of school attendance, it shall be considered Mother's residence unless the parties Page 7 of 10 agree otherwise if circumstances should change. 12. 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 the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 13. STATUS OF SETTLEMENT: The property settlement as provided herein between the parties shall be considered an equitable distribution of marital property and both parties waive any and all rights or claims which they may have been entitled to raise with respect to the issue of equitable distribution under the Provisions of the Pennsylvania Divorce Act. 14. The parties agree that simultaneously with the signing ofthis Agreement they will sign the necessary affidavits of consent and affidavits acknowledging notice of marriage counseling in order to conclude the divorce action filed by HUSBAND under the no-fault provisions of the Pennsylvania Divorce Act. 15. The waiver or unenforceability of any term, condition, clause or provision ofthis Page 8 of 10 II II I Agreement shall in no way be deemed or considered to be a waiver of or forfeiture of right to enforce any other term, condition, clause or provision of this Agreement. 16. This Agreement shall be construed and interpreted according to the laws of the Commonwealth of Pennsylvania. 17. It is understood and agreed that the heirs, administrators, executors and assigns of the parties hereto shall be bound by all the terms, conditions, clauses and provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written, intending to be legally bound. W [NESS BY: Page 9 of 10 . COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF YORK : On this, the Jq# day of 'JJi~ ,2006, before me the undersigned officer, a Notary Public, in and for said Commonwealth and County, Personally appeared Troy R. Lehman, know to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marriage Settlement Agreement and in due form acknowledged that he executed the same for the purpose therein contained and desired the same to be recorded as such. WITNESS my hand and notarial seal the day an ye Notanal Seal Leslie K. Neidig, NotaJy Public My Commission Expir s: WamngtonTwp. Yort<County My Commission Expires Feb. 4. 2007 Member. Pennsylvania Association Of Notaries COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF )'Olt.\<. #J ~: On this, the ;<. 9 day of a.uJ.- , 2006, before me the undersigned officer, a Notary Public, in and for s d Commonwealth and County, Personally appeared Michele D. Lehman, know to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marriage Settlement Agreement and in due form acknowledged that she executed the same for the purpose therein contained and desired the same to be recorded as such. WITNESS my hand and notarial seal the day and ye aforesaid. My Commission Ex Notarial Seal Leslie K. Neidig, Notary Public Wanington Twp, York County My Commission Expires Feb. 4. 2007 Member. Pennsvlvania Association Of Notaries Page 10 of 10