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Separation lInd Property Settlement AlII'8emeat - Roxie R. Lucaa and Frederick J. Luclla
Page 2
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, covenant, promise and agree as follows:
1, Separation. It shall be lawful for each party at all times hereafter to live separate
and apart from the other party at such place that he or she may from time to time choose or
deem fit. The foregoing provision shall not be taken as an admission on the part of either
party of the lawfulness of the causes leading to their living apart,
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. Neither party shall molest the other nor attempt
to endeavor to molest the other. nor compel the other to cohabit with the other, nor in any way
harass or malign the other, nor in any way interfere with the peaceful existence, separate and
apart from the other.
3. Wife's Debts. Wife represents and warrants to Husband that since the separation
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 hannless
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from any and all claims or demands made against him by reason of debts or obligations
incurred by her,
4. Husband'. Debts. Husband represents and warrants to Wife that since the
separation 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 hannless
from any and all claims or demands made against her by reason of debts or obligations
incurred by him.
5. Outstanding Joint Debts. The parties aclmowledge and agree that they have no
outstanding debts and obligations incurred prior to the signing of this Agreement, except as
follows: None
In the event that either party contracted or incurred any debts since the date of
snparation, the party who incurred said debt shall 1m msponsibln for thl1 paymnnt thnreof,
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Separation and Property Settlement Agreement - Roxie R. Lucas and Frodorlck J, Lucas
Page 3
regardless of the name in which the account may have been charged, and such party shall
indemnify, defend and hold the other party harmless from any claim or demand made against
that party by reason of such debt.
6. Equitable Distribution of Marital Property. The parties have attempted to
distribute their marital property in a manner which conforms to the criteria set forth in !l3501
et, seq, of the Pennsylvania Divorce Code and taking into account the following
considerations: the length of marriage; the fact that it Is the second marriage for Wife and the
first marriage for Husband; the age, health, station, amount and sources of income, vocational
skills, employability, estate, liabilities and needs of each of the parties; the contribution of
each party to the education, training or increased earning power of the other party; the
opportunity of each party for future acquisitions 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 the marital property, including the contribution of each spouse
as a homemaker; the value of the property set apart to each party; the standard of living 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.
The division of existing marital property is not intended by the parties to constitute
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in any way a sale or exchange of assets, and the division of being etIected without the
introduction of outside funds or other property not constituting marital property. The division
of property under this Agreement shall be in full satisfaction of all marital rights of the parties.
A 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, except as set forth in Exhibit A attached hereto, which items shall be distributed
in accordance with Exhibit A. and this Agreement shall have the effect of an assigrunent or
bill of sale from each party to the other for such property as may be in the individual
possession 01 each of the parties hereto and as set forth in Exhibit A.
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Sepa(atlon and Property SetUement Aoreament. Roxie R. Lucas and Frederick J. Lucas
Page 4
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 ill the possession and/or under the control of the other, or which property will be
di':ltributed in accordance with Exhibit A attached hereto, 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 evidence of ownership, such as passbook,
checkbook, policy or 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 their own individual pension or other employee benefit plans or retirement benefits
of any nature 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, except as stated herein.
From and after the date of the signing of this Agreement, both panies 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 m6rtgage, sell, grant,
convey, or otherwise encwnber 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.
B. Distribution of Real Estate.
Both parties acknowledge that Wife has transferred to Husband by Deed all of her
interest in and title to their jointly owned real estate located at R.D, #1, Box 23, Tower City,
Schuylkill County, Pennsylvania in exchange for which Husband agreed to be solely
responsible for the mortgage obligation, if any, as well as for the payment of all current and
future taxes, insurance and utility bills relative to said real estate. Husband covonants and
agrees to pay and dischalge said obligations on said premises, and agrees to indemnify Wife
Se aratlon and Pro ert Settlement A ..ment - Roxie R. Lucas and Frederick J. Lucas
Pa e 6
from any loss by reason of his default in the payment thereof, and agrees to save her harmless
from any future liability with regard thereto, including the cost of defense and actual counsel
fees incurred to defend against an action brought against her by virtue of his default.
C, Cash Distribution.
In consideration for the transfer of the above referenced real estate, Husband paid
to Wife the sum of $4,000.00, receipt of which is hereby aClmowledged,
7. Vehicles. Notwithstanding Paragraph 6 of this Agreement, Husband shall retain
possession and ownership of the 1993 Ford Festiva, 1984 Nissan Pick-up, and 1981
International Bus presently in his possession. Wife hereby transfers all of her right, title and
interest in said vehicle to Husband. In consideration thereof, Husband shall assume full
responsibility for payment and eventual satisfaction of any and all liens presently
encumbering the vehicle. and to indemnify, defend and hold Wife harmless for the same. Wife
hereby agrees to sign any title or other documents necessary to transfer ownership of said
vehicle at any time, upon demand, and !unber shall indemnify Husband for any costs,
including actual counsel fees. incurred by Husband to enforce this provision,
Notwithstanding Paragraph 6 of this Agreement, Wife shall retain possession and
ownership of the 1995 Ford Windstar presently in her possession. Husband hereby transfers
all of his right, title and interest in said vehicle to Wife, In consideration thereof, Wife shall
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assume full responsibility for payment and eventual satisfaction of any and all liens presently
encumbering the vehicle, and to indemnify, defend and hold Husband harmless for the same.
Husband hereby agrees to sign any title or other documents necessary to transfar ownership
of said vehicle at any time, upon demand, and !unber shall indemnify Wife for any costs,
including actual counsel fees, incurred by Wife to enforce this provision,
8, Alimony. Both parties aclmowledge and agree that the provisions of this
Agreement providing for equitable distribution of marital property are fair, adequate and
satisfactory to them. and are accepted by them in lieu of and in full and final settlement ana
satisfaction of any claims or demands that either may now or hereafter have against the other
for support, maintenance or alimony. Husband and Wife further, voluntarily and intelligently,
waive and relinquish any right to seek from the other any payment for support or alimony.
Each pany shall indemnity, defend and hold the other hannless against any future action for
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Separation and Property Settlement AgrHment - Roxie R. Lucas and Frederick J. Lucas
Page 6
either support or alimony brought by or on behalf of tho othor, such indemnity to include the
actual cOWlsol fees of the defendant in any such future action,
9. Bank Accounts. Husband shall maintain possession and ownership of all fWlds
in the foregoing accoWlts:
(A) Members First Federal Credit Union, AccoWlt No, 36855 (checking,
savings and Visa)
(B) Community Banks Checking AccoWlt, No, 17048-12709
(C) Community Savings AccoWlt, No. 17048-12720
Wife shall rotain possession and ownership of all of all fWlds in the foregoing
accoWlts:
(A) Members First Federal Credit Union. ACCOWlt No. 1210093 (checking
and savings)
(B) Mid-Penn Checking AccoWlt No. 4019220
(C) Mid-Penn Savings AccoWlt No. 4020549
(D) All eight existing U.S. Savings Bonds
10. Retirement Accounts. Husband is the owner of certain retirement benefits he
is entitled to pursuant to his employment with the Federal Govemment - Defense Distribution
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Center. The parties agree that Wife shall be entitled to a percentage ot'both his retirement
through the Federal Employees Retirement System and his TIuift Savings Plan as of the date
of the parties separation (April 1997), and Wife shall receive her interest pursuant to
appropriate Coun Orders to be in the form to be approved by the Coun and Husband's
employer, copies of which are attached hereto as Exhibits "B" and "C",
11. Allmony 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 is fair, adequate and satisfactory to them. Both
parties shall 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. coWlsel fees or expenses, or any other provision
for their support and maintonanco boloro, during and aftor tho commencoment of any
Separation and Property SetUement Agreement - Roxie R Lucas and Frederick J, Lucas
Page 7
proceedings for divorce or annulment between the parties, Each party shall be responsible
for his or her own cOWlSel fees, and each agrees to indemnify, defend and save the other
harmless from any action conunenced against the other for alimony pendente lite, cOWlSel fees
and/or expenses.
12, Divorce. A Complaint in Divorce has been filed to No, 1997-04058 in the Court
of Conunon Pleas of Cumberland County, PelUlSylvania. and either party shall be free to
proceed without further delay to secure the divorce. Both parties shall sign an Affidavit
evidencing their consent to the divorce, pursuant to !i3301(c) of the Divorce Code. In the
event, for whatever reason, either party fails or refuses to execute such affidavit upon the
other party's timely request, that party shall indemnify, defend and hold the other harmless
from any and all additional expenses, including actual counsel fees resulting from any action
brought to compel the refusing party to consent. Each party hereby agrees that a legal or
equitable action may be brought to compel him or her to execute a Consent form and that,
absent some breach of this Agreement by the proceeding party, there shall be no defense to
such action assened.
13. Time of Distribution. The assets and interests to be transferred under and
pursuant to this Agreement shall be conveyed and transferred to the respective parties
immediately upon the execution of this Agreement. All spousal suppon and other such
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obligations, including alimony, shall immediately terminate, The partieS shall cooperate by
executing whatever documents are necessary to effectuate a divorce under !i3301(c) or
!i3301(d) of the PelUlSylvania Divorce Code, and this Agreement to cooperate shall be
enforceable by an assumpsit action for specific performance. However, upon refusal to
consent, all distributed property shall be returned to the party originally in possession, until
the time of final Decree.
14. Release. Subject to the provisions of this Agreement, each party has released
and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal
representatives. executors. administrators and assigns, release, indemnity (including actual
legal fees) and discharge the other of and from all causes of action, claims, rights, or demands,
whatsoever in law or equity, including equitable distribution, spousal suppon, alimony.
counsel foos, alimony pendente lite, and expenses which either of the parties against the other
Separation and Property Settlement Agreement. Roxie R. Lucas and Frederick J. Lucas
Page 8
ever had, now has, or may have in the future under the Pennsylvania Divorce Code, as
amended, or under any other statutory or common law. except any and all causes of action for
divorce and all causes of action for breach of any provisions of this Agreement, Each party
also waives his or her right to request marital counseling, pursuant to !l3302 of the Divorce
Code.
15, Waivers of Claims Against Estates. Except as herein otherwise provided, each
party may dispose of his or her property in any way, and each party hereby waives and
relinquishes any and all rights he or she may now have or hereafter acquire under the present
or future laws of any jurisdiction, to share in the property or the estate of the other as a result
of the marital relationship, including without limitation, dower, curtesy, statutory allowance.
widow's allowance, right to take in intestacy, right to take against the Will of the other, and
right to act as administrator or executor of the other's estate, and any right existing now or in
the future under the Pennsylvania Divorce Code, as amended from time to time, and each will,
at the request of the other, execute. aclmowledge and deliver any and all instruments which
may be necessary or advisable to carry into effect this mutual waiver and relinquishment of
all such interests. rights and claims.
16. Rights on Execution. Immediately upon the execution of this Agreement, the
rights of each party against the other, despite their continuing marital status, shall terminate
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and be as if they were never married.
17, Breach. In the event of breach of any of the terms of this Agreement, the
nOnbreaching party shall be paid, as part of any award or judgment against the breaching
party, all costs, including actual coWlSel fees paid to his or her attorney.
18, Incorporation In Final Divorce. The terms of this Agreement shall be
incorporated but shall not merge in the final divorce decree between the parties. TIlls
Agreement shall survive in its entirety resolving the spousal support, alimony, property and
other interests and rights of the parties under and pursuant to the Divorce Code of the
Commonwealth of Pennsylvania. TIlls Agreement may be enforced independently of any
support order, divorce decree or judgment and its terms shall take precedence over same.
remaining the primary obligation of each party. This Agreement shall remain in full force and
'1tfecl reuardless of any change in tho mantal status 01 the partles. It is wallanted,
Separation and Property Settlement Agreement. Roxie R. Lucas and Frodorick J. Lucas
Page 9
covenanted and represented by Husband and Wife. each to the other, that this Agreement
is lawful and enforceable and this warranty, covenant and representation is made for the
specific purpose of inducing the parties to execute the Agreement.
19. Additional Instruments. Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party, any and all further
instruments that may be reasonably required to give full force and effect to the provisions of
this Agreement.
20. SeparablUty. In case any provision of this Agreement should be held to be
contrary to, or invalid under, the law of any country, state or other jurisdiction, such illegality
and invalidity shall not in any way affect the other provisions hereof, all of which shall
continue, nevertheless, in full force and effect, and each paragraph herein shall be deemed to
be a separate and undisputed covenant and agreement.
21. Entire Agreement. This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants and 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 division 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.
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Both 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 any Court of competent jurisdiction pursuant to Section 3502 of the Divorce code
or any other laws. Husband and wife each voluntarily and intelligently waive and relinquish
any right to seek a Court ordered detennination 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.
22. Modlflcation 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. TIle failure of either party to insist upon strict performance of the
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Se aratlon and Pro e Settlement A reemeat - Roxlo R. Lucas and Fredorick J. Lucas
Pa 0 10
provisions of this Agreement shall not be construed as a waiver of any subsequent default of
the same or similar nature,
23. Intent. It is the intent of the parties by this Agreement to fully and finally
foreclose any resort to the Courts for relief on the basis of any statute or case law presently
existing or which may exist at some time in the future within the Commonwealth of
Pennsylvania, including but not limited to equitable distribution, alimony and other relief
under the Pennsylvania Divorce Code, as amended, TIlis Agreement has been drafted and
accepted on the basis that such resort would constitute a breach under this Agreement,
entitling the nOnbreaching party to reimbursement for actual counsel fees, Other than as
provided by the terms of this instrument, it is intended that the Court shall treat the parties
as if they had never entered into a marital relationship. TIlis Agreement shall be interpreted
and governed by the laws of the Commonwealth of Pennsylvania and, where such law is
inconsistent, the terms of this instrument shall govern.
24. 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 aclmowledge that they have been furnished with all
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information relating to the financial affairs of the other which has been requested by each of
them or by their respective counsel.
25, Descriptive Headings. The descriptive headings used herein are for
convenience only, They shall have no effect whatsoever in detennining the rights or
obligations of the parties.
26. Agreement Binding on Heirs. TIlls Agreement shall be binding and shall inure
to the benefit of the parties hereto, and their respective heirs, executors, administrators,
successors and assigns.
27. Reconciliation. Notwithstanding a reconciliation between the parties, this
Agreement shall continue to remain in full force and effcct absent a writing signed by the
parties stating that this Agreement is null and void.
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EXlIlDlT "A'
Property of Roxie B, Lucas
yard stick
Lane chest
bl ue small file cabinet
micro, stand
love seat
floor lamp
hassock
phone end table
3 legged end table
wall phone
chair
dark dresser
blue flower pot
small tent
camp stove
bow
bike
deer clock
blue sleeping bag
wood goose
radio
3 dyno boxes
2 jugs
barrel
4 lawn chairs
butter chum
hand gun
door knocker
encyclopedias
2 white dictionaries
old Bible
cork board
small safe and keys
staple gun
toaster
tools
lint shaver
sewing machine
large glass vase
wood bird
VCR
TV
Van
2 kids life vests
2 TV trays
director's chair
']J3 Christmas ornaments
Y. dishes
~pans
~ silverware
large Christmas tree
small Christmas tree
8 savings bonds
all Disney tapes
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ROXIE R. LUCAS.
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
va,
: NO. 1997-04058
FREDERICK J. LUCAS.
Defendant
: CML ACTION-LAW
: IN DIVORCE
RETIREMENT BENEFITS COURT ORDER
FREDERICK J. LUCAS, (hereinafter "Employee")
SS # 162-42.3645,
RD#l, Box 23D,
Tower City, PA, 17980,
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is a participant in the Thrift Savings Plan under the Federal Employee's Retirement
System Act of 1986.
ROXIE R.LUCAS, (hereinafter "Former Spouse").
SS# 192-40-1968,
105 E. Allen Street.
Mechanicsburg, P A 17055
is entitled to a share of Employee's Thrift Savings Plan account.
Former Spouse is hereby awarded the sum of Twelve Thousand" Five Hundred
($12.500.00) Dollars from the Thrift Savings Plan account of Employee.
Former Spouse's share may be transferred directly to an Individual Retirement
Arrangement (IRA) or other eligible retirement plan.
By the Court
Date:
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5. Proposed Orders are provided for the Court.
Respectfully submitted,
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PURCELL, KRUG & HALLER
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BY "-----, .
JoM,iS:,,~
1.0/#29955
,)7'19 North Front Street
Harrisburg. P A 17102
717-234-4178
ROXIE R. LUCAS,
Plaintiff
: IN TIlE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
FREDERICK J. LUCAS,
Defendant
: NO. 1997-04058
: CIVIL ACTlON.LAW
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
THE PROTHONOTARY:
Transmit the record. together with the following information, to the Coun for entry ofa Divorce
Decree:
I. Ground for divorce: Irretrievable breakdown under Section (X) 3301(c) oflhe Divorce Code.
2. Date and manner of service of the Complaint: Certified Mail on August I. 1997
3. (Complete either paragraphs (a) or (b).
(a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce
Code: by Plaintiff: Dtcembrr 7. 1998
by Defendant: Dtcember 4. 1998
(b) (1) Date of execution of the Plaintiffs Affidavit required by Section 330I(d) of the Divorce
Code:
(2) Date of service of the Plaintiffs Affidavit upon the Defendant
4. Related claims pending: No tconomic claims han bten raistd.
5. (a) Date and manner of service of the nOlice of intention to file Praecipe to transmit rtcord.s
copy of which is attached:
(b) Date ofPlaintitfs Waiver of NOlice in HOI(c) Divorce was fik-d with Prothonotary:
Filtd contemporantously hel'twith
Date of Defendant's Wai,'er of Notice in 3301(c) Divorce wasliled with the Prothonotary
Filtd contemporantously hel'tw'ilh ....J
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ROXIE R, LUCAS,
Plaintiff
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY , PENNSYLVANIA
VS.
NO, 97 - 04058 CIVIL TERM
FREDERICK J, LUCAS,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
AFFlDA VIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA:
) ss;
COUNTY OF DAUPHIN
I, Carol Masich, secretary to John W. Purcell, Jr.. Attorney for the Plaintiff in the above action.
hereby swear and affirm thaI on the 28th day of July. 1991. I sent, by ccnitied mail. return receipt
requested. deliver to addressee only. a cenilied copy of the Complaint in Divorce, containing Notice
to Defend and Claim RighlS to Frederick J. Lucas, the Defendant in the above action. The return
receipt, duly signed by the Defendant is attached hereto and made a pan hereof as Exhibit . A . ,
, " .:, f I, \
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Carol Masich
Secretary to John W, Purcell, Jr.
Sworn and subscribed to
before me this 'I ~ay
lIOTARIAI. WI.
BONITA ll0MllARD1, ~ PuIllIc
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