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HomeMy WebLinkAbout02-5783MICHAEL J. LUKENS, Plaintiff VS. ELENI LUKENS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 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, Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania, 17013-3387. 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 MICHAEL J. LUKENS, Plaintiff VS. ELENI LUKENS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER §3301 OF THE DIVORCE CODE 1. Plaintiff is Michael J. Lukens, who currently resides at 2 Richland Lane #207, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Eleni Lukens, who currently resides at 31 B Antheen Ano Glyfada, Greece. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The Parties were married on December 27, 1981. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no pdor action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The 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 avers that there are two children of the parties under the age of eighteen. COUNT I. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(c) Of THE DIVORCE CODE thereto. 10. 11. The prior paragraphs of this Complaint are incorporated herein by reference The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divome. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both Parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code. 12. thereto. 13. 14. COUNT II. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(d) OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference The marriage of the Parties is irretrievably broken. The parties have been living separate and apart since June 2000 and if Defendant does not promptly agree to a divorce by mutual consent, Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two years as specified in Section 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. COUNT III. REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER §3323, §3501, §3502 and §3503 OF THE DIVORCE CODE 15. thereto. The prior paragraphs of this Complaint are incorporated herein by reference 16. Plaintiff requests the Court to equitably divide, distribute or assign the martial property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. COUNT IV. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTION 3104 OF THE DIVORCE CODE 17. thereto. The prior paragraphs of this Complaint are incorporated herein by reference 18. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 19. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 20. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such wdtten agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Section 3104 of the Divorce code, the Court approve and incorporate such agreement in the final divorce decree. Date: 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 ID #17441 ATTORNEY FOR PLAINTIFF VERIFICATION I, Michael J. Lukens, hereby swear and affirm that the facts contained in the foregoing Complaint for Divorce are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: Michael J. Lukens MICHAEL J. LUKENS, Plaintiff VS. ELENILUKENS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0~-' 5'783 CiViL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 4, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Michael J. Lukens, Defendant MICHAEL J. LUKENS, Plaintiff VS. ELENI LUKENS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA NO. 02-5783 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 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 verify 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: Michael J. Lukens, Defendant MICHAEL J. LUKENS, Plaintiff VS. ELENI LUKENS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~2- CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 4, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. I verify 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: O-T- 0,.~ - ,,.qoo 5 Eleni Lukens, Defendant MICHAEL J. LUKENS, Plaintiff VS. ELENI LUKENS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA NO. 02-5783 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 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 verify 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: Eleni Lukens, Defendant MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ,_'~" day of .._T/LLy_, 2003, by and between Michael J. Lukens, hereinafter referred to as "Husband", and Eleni Lukens, hereinafter referred to as "Wife". WlTNESSETH: WHEREAS, Husband and Wife were lawfully married on December 27, 1981; and WHEREAS, certain differences arose between the parties as a result of which they separated on September 9, 1998, and now live separate and apart from one another, and 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 past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of alt marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship any provisions of prior agreement between them to the contrary notwithstanding; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband, by his attorney, Stephanie L. Mihalko, Esquire, and Wife, by her attorney, Leonidas Loras, Esquire, have come to the following agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: (signature) 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2, INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since September 9, 1998, she has not, and in the future, she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since September 9, 1998, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. MUTUAL RELEASE: Except as provided in this Agreement, each party waives his or her right to alimony and any further distribution of property because both agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. (signature) (signature) 6. EQUITABLE DISTRIBUTION: A. Wife is to retain the marital residence at 31 B Antheon, Ano GlyFada, Greece 16674. Wife agrees to be solely responsible for the payment of all future mortgage payments, taxes, insurances and utility bills relative to said real estate. B. Individual Retirement Accounts, Pensions And Employment Benefits: Except as herein otherwise provided, each party shall retain sole ownership and control of their respective IRA's, Pensions and Employment benefits. By Qualified Domestic Relations Order prepared at Husband's expense by actuary Harry Leister and reviewed and approved by counsel for Husband and Wife, Husband shall transfer to Wife 50% of the marital portion of his Commonwealth of Pennsylvania pension, valued by Mr. Leister on February 25, 2003 with a present value of $57,246 at age 65. Husband shall retain the non-marital portion of his pension, free from any claim by Wife, including the freedom to designate any survivor beneficiary of his choice, except that Husband shall irrevocably designate Wife as his survivors beneficiary to the extent of her interest in his pension. The entire marital pension is transferred to Wife by Qualified Domestic Relations Order shall be as equitable distribution, not as alimony, and shall not be characterized as income to Wife as tax purposes or as income to her for the purpose of computing child support. (signature) (signature) C. Joint Bank and Charge Accounts: All joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated, with one exception as stated below, and each party shall take those steps necessary to have the other removed as a responsible party from any such account. Husband shall be responsible for paying the balance on the PSECU credit card account. Wife shall retain all of the current balances in her current savings account. Husband shall retain all of the current balances in his current savings and checking accounts. D. Property to Wife: The parties agree that Wife shall own, possess, and enjoy free from any claims of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. E. Property to Husband: The padies agree that Husband shall own, possess, and enjoy free from any claims of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property together with any insurance policies covering that property, and any escrow accounts relating to that (signature) (signature) property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. F. Miscellaneous Property: All property not specifically addressed herein shall hereafter be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. G. Tax Liability: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co- owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 7. LIFE INSURANCE: Each party shall continue to own any life insurance policies currently in effect. Husband shall name Christian Michael Lukens and Jessica Marie Lukens as beneficiaries on his life insurance policy. Eleni Lukens will be named as beneficiary on Husband's life insurance policy until Jessica Marie Lukens reaches age eighteen (18). Once Jessica Marie Lukens reaches age eighteen (18), Eleni Lukens will be removed as beneficiary and Jessica Marie Lukens will be named as beneficiary on Husband's life (signature) (signature) 5 insurance policy. With regard to health insurance, Husband agrees to pay Jessica Marie Lukens' health insurance premiums. 8. ALIMONY: Husband shall pay alimony to Wife in the amount of $1,400.00 a month commencing on the date of divorce and ending fifteen (15) years from the date of divorce. Husband shall pay $1,200.00 a month to Wife to the age of sixty-five (65). For tax purposes, all alimony payments are intended to be deductible by the party paying alimony and includible as income to the recipient. 9. COLLEGE EXPENSES Husband agrees to pay $7,000 per year for Christian Michael Lukens' college education costs. Husband agrees to pay $7,000 per year for Jessica Marie Lukens' college education costs. 1 O, ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of the proceedings for divorce or annulment between the parties, (signature) (signature) 6 11. WAIVERS OF CLAIMS AGAINST ESTA TES: 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, curtsey, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. 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 glaims and both parties will revoke prior wills or testamentary documents. 12. AGREEMENT NOT PREDICATED ON DIVORCE: It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting an action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such (signature) (signature) 7 action which has been, may or shall be instituted by the other party, or from making any just or proper defense thereto. 13. SUBSEQUENT DIVORCE: Husband at his cost by his counsel has filed an action for divorce under Section 3301 (c) or (d) of the Divorce Code. Both parties will execute Affidavits of Consent and Waivers of Notice to enable counsel for Husband to proceed with a no-fault divorce as soon as possible, providing counsel for Wife with a duplicate decree. The parties further agree that each of them shall be responsible for their own attorney's fees. The parties shall be bound by the terms of this agreement, which shall be incorporated by reference into the Divorce Decree, shall not be merged in such Decree, but shall in all respects survive the same and be further binding as an enforceable contract, conclusive upon the parties. 14. BREACH AND ENFORCEMENT: If either party breaches any provision 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 responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. Reasonable interest shall be assessed from the date of breach. .~.~. ' ~,/'t~ (signature) /,~43/~,~~ .Q-3 L,..b~ (signature) 8 A. This Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreement such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid undue delay. C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in terms or provisions of this Agreement by reason of any of the terms or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever, provided that the party who seeks to recover such attorney's fees, (signature) (signature) and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent or the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. 15. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 16. 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. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and divisions of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both (signature) (signature) 10 parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by and any court of competent jurisdiction pursuant to 23 Pa.C. SA. Section 3501 et. seq. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 17. DISCLOSURE: Husband and Wife represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which either party has an interest, the sources and amount of the income of such party of every type whatsoever and of all other relevant and material facts relating to the subject matter of this Agreement. 18. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance on any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. (signature) (signature) 1! 19. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They have no effect whatsoever in determining the rights or obligations of the parties. 20. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 21. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 22. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 23. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors administrators, successors, and assigns. ~J...,..~, ' o~' ,,~--r,.~(signature) //iQ t)f~e_Me ~ T~ ~-- (signature) 12 IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. Michael J. Lukens Eleni Lukens Witness Witness ,~~ (signature) 7':' ~ (signature) 13 COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS, BEFORE ME, the undersigned authority, on this ~6'~ day of ,2003, personally appeared Michael J. Lukens, known to me to be the personwho executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS'-'~,,~r~'~ day of ~ ,2003. Notary Public in and for the Commonwealth of Pennsylvania ~o. 6~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF' ~O_...~:2 ¥~'..~ BEFORE ME, the undersigned authority, on this _.~¢--day of ,"~, ]~ ,2003, personally appeared Eleni Lukens, known to me to be the person/ who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ~(¢1 day of ,. C)** ,2003. - ! ublicir~ and for the ! Commonwealth of Pennsylvania MICHAEL J. LUKENS, Plaintiff VS. ELENI LUKENS, De~ndant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5783 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORFI To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: February 27, 2003 by regular U.S. mail. Defendant signed an Acceptance of Service on February 27, 2003, which is attached hereto. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By plain:iff: June 25, 2003 By defendant: July 3, 2003 4. Date plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: July 24, 2003; date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: July 24, 2003. 5. Related claims pending: None 6. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under Section 3301(d)(1)(i) of the Divorce Code. N/A 7. Plaintiff and Defendant have signed a Separation and Property Settlement Agreement dated July 3, 2003. Please incorporate, but do not merge the Agreement into the Divorce Decree per paragraph 13 of the Agreement. WHEREFORE, the Court is requested to enter a Final Decree in Divorce in compliance with Section 3301(c) of the Divorce Code and Pa. R.C.P. 1920.42(a)(1) and to incorporate the terms of the Separation and Property Settlement Agreement in accordance with Section 301 (a)(1) and (4) and 401 (b) of the Divorce Code. Attorney for Plaintiff WILEY, LENOX, COLGAN & MAR??ACCO, P.C. One South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 Attorney i.D. Number: 86996 Dated: ~ //,~ ~ MICHAEL J. LUKENS, Plaintiff, ELENI LUKEN$, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA * NO. * CIVIL ACTION - LAW * IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce filed in this matter. C) Dated: ~ Eleni Lukens Defendant A ,U'T,qEO,O ,.~,, Mailing Address I RECEIVED TIME FEB. 21. IO:18AM IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY STATE OF MICHAEL J. LUKENS, Plaintiff VERSUS ELENI LUKENSt Defendant PENNA. N O.__02-57~3 DECREE IN DIVORCE AND NOW, DECREED THAT AND Michael J. Lukens Eleni Lukens ,2003 ARE DIVORCED FROM THE BONDS OF MATRIMONY. , IT IS ORDERED AND __, PLAINTIFF, _, DEFENDANT, 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 terms and provisions of the Marriage Settlement Agreement signed by both parties on July 3, 2003 are hereby incorporated but not merged in the Decree of Divorce and remain binalng upon the part~es.