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Home My WebLink About10-3883JACQUELINE S. LINCOLN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2010- 3 gg3 CIVIL TERM D. JAMES LINCOLN, CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or 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 marriage, you must request marriage counseling. A list of marriage counselors is avail- able in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 < MAX J. SMITH, JR., squire JARAD W. HANDELMAN, Esquire 3 _ Attorney for Plaintiff P.O. Box 650 "' = c Hershey, PA 17033 _ M (717) 533-3280 - ° u V_W-4)o 11? Max J. Smith, Jr., Esquire Attorney I.D. #32114 Jarad W. Handelman, Esquire Attorney I.D. #82629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: mis@jsdc.com JACQUELINE S. LINCOLN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2010- CIVIL TERM D. JAMES LINCOLN, CIVIL ACTION -LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, JACQUELINE S. LINCOLN, by her attorney, MAX J. SMITH, JR., Esquire, and seeks to obtain a Decree in Divorce upon the grounds hereinafter more fully set forth: 1. The Plaintiff, JACQUELINE S. LINCOLN, is an adult individual and citizen of the United States of America, whose address is 109 October Drive, Apt. 1, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, D. JAMES LINCOLN, is an adult individual and citizen of the United States of America, whose address is 105 Cambridge Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on or about June 21, 1986 in Harrisburg, Pennsylvania. 5. Plaintiff and Defendant separated on or about September 2, 2005, a period in excess of two (2) years. 6. Plaintiff avers that there are no children of the parties under the age of 18. 7. Neither Plaintiff nor Defendant is a member of the United States Armed Services. 8. Plaintiff and Defendant have both been advised of the availability of marital counseling and that each may have the right to request that the court require the parties to participate in counseling. 9. Plaintiff avers that there has been no prior action for divorce or annulment of the marriage filed by either party in this or any other jurisdiction. 10. Plaintiff avers that the marriage is irretrievably broken. WHEREFORE, Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. Date: June , 2010 Respectfully submitted, l MAX J. SMITH, JR., E ire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 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 unworn falsification to authorities. 01a a- U -U JACQUELINE S. LINCOLN, IN THE COURT OF COMMON PLEAS Plaintiff : cummumCOUNTY, PENNSYLVANIA VS. NO.2010 Wet D. JAMES LINCOLN, CIVIL ACTION -LAW e Q Defendant IN DIVORCE 73 a ? ?- C L !'- AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODS NOTICE ' -' -c If you wish to deny any of the allegations set forth in this Affidavit, you must file a Counteraffidavit within twenty (20) days after this Affidavit has been served on you or the allegations will be admitted. 1. A Complaint in Divorce under Section 3301(c) and 3301(d) of the Divorce Code was filed on June , 2010. 2. The parties to this action separated on September 2, 2005 and have continued to live separate and apart for a period of at least two (2) years. 3. The marriage is irretrievably broken. 4. 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. 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 unworn falsification to authorities. DATE: June 11, 2010 1 JAC LINE S. CO T Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net JACQUELINE S. LINCOLN, Plaintiff vs. D. JAMES LINCOLN Defendant c~F TH ~ ''~'?~{?TA~Y ~10 CEP -7 A!1{{~ 20 CUM9~Fi~~,.~yi'v~D AC~~n}AUN1Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 10 - 3883 CIVIL ACTION - LAW IN DIVORCE ANSWER AND COUNTERCLAIMS Defendant, D. James Lincoln, by and through Andrew C. Sheely, Esquire, hereby files this Answer and New Matter to the Complaint in Divorce and respectfully states as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in Part/Denied in Part. It is admitted that the Plaintiff left the marital residence in September of 2005. It is denied that the parties were separated for purpose of a divorce since September of 2005, and strict proof thereof demanded. By way of further response, the parties have joint financial obligations. 6. Admitted. 7. Admitted. ,,24,ed,~~-jo~ COJ4-'~'~ fay od o~ ~y ~~- 371 ~ L4~ ~sy~~g7 8. Admitted. 9. Admitted. 10. Denied. The averments of paragraph 10 of Plaintiff's Complaint are conclusions of law to which no response is required. To the contrary, the marriage is not irretrievably broken. WHEREFORE, Defendant respectfully requests that the Court deny the entry of a decree in divorce pending mutual consent or formal hearing on the issues raised herein. COUNTERCLAIMS COUNT II. CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 11. The allegations in Paragraphs 1 - 10 are incorporated herein and made a part hereof. 12. Plaintiff and Defendant are the owners of various personal property, motor vehicles, bank accounts, retirement accounts, retirement assets and insurance policies acquired during their marriage. 13. Plaintiff and Defendant are the owners of real property acquired during their marriage. 14. Plaintiff and Defendant have acquired various marital debts during the period of their marriage. WHEREFORE, Defendant requests your Honorable Court equitably distribute the parties marital property, including 2 marital debt, and including any such further relief as the Court may determine equitable and just. COUNT III. - ALIMONY/ALIMONY PENDENTE LITE 15. The allegations in Paragraphs 1 - 14 are incorporated herein and made a part hereof. 16. Defendant lacks sufficient property to provide for his reasonable means and is unable to support himself through appropriate employment. 17. Defendant requires reasonable support to adequately maintain himself in accordance with the standard of living established during the marriage. 18. Plaintiff earns and has an higher earning capacity than Defendant. WHEREFORE, Defendant requests your Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. Respectfully submitted, September -j , 2010 By: Andrew C. Sheely, Esqu' Pa. ID No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 Attorney for Defendant 3 VERIFICATION I verify that the statements made in this Defendant's Answer and New Matter are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ,, Date: September _3~ 2010 ...__.,~s'~-ers L ' Coln CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Defendant's Answer and New Matter upon the following named individuals this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Max J. Smith, Jr., Esquire Jarad W. Handelman, Esquire P.O. Box 650 Hershey, PA 17033 Date: September '~ 2010 Andrew C. Sheely, Esquire JACQUELINE S. LINCOLN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.2010-3883 CIVIL TERM D. JAMES LINCOLN, CNIL ACTION -LAW Defendant IN DNORCE -~ DEFENDANT'S COUNTER-AFFIDAVIT ~ _~ ;.,., UNDER SECTION 3301(d) OF THE DNORCE CODE ~ ~ ~ -~ ~.~ ~. ~ ~. ~ ~.~ 1. Check either (a) or (b): ~~ ,..- N ~ ~) I do not oppose the entry of a divorce decree w rG (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): The parties to this action have not lived separate and apart for a period fat least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this counteraffidavit 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: 1~'--3-~c' .2010 NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you need not file this counteraffidavit. ~b Max J. Smith, Jr., Esquire Attorney I.D. #32114 Jarad W. Handelman, Esquire Attorney I.D. #82629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: ~s(a~jsdc.com JACQUELINE S. LINCOLN, Plaintiff vs. D. JAMES LINCOLN, Defendant LOBO ~ ~ '~ ~!`~ Z~ J~# ~'~_ ~ r ~~~ C~u~1T`:' ~4~t:,,~, kL ,~ ~ v.~,~~a t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2010-3883 CNIL TERM CNIL ACTION -LAW IN DNORCE PLAINTIFF' S REPLY TO COUNTERCLAIMS AND NOW COMES the Plaintiff, JACQUELINE S. LINCOLN, by her attorney, MAX J. SMITH, JR., Esquire, and respectfully Answers the Plaintiff s Counterclaims as follows: COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION3502 OF THE DNORCE CODE 11. Neither admitted nor denied, as no response is required. 12.-14. Admitted. COUNT III ALIMONY/ALIMONY PENDENTE LITE 15. Neither admitted nor denied, as no response is required. 16. Denied. Defendant has sufficient property to provide for his reasonable needs and is able to support himself completely through appropriate employment. 17. Denied. Defendant is able to support himself through gainful employment and adequately maintain himself in accordance with the standard of living established during the marnage. WHEREFORE, Plaintiff prays this Honorable Court to: (a) equitably divide the marital property remaining between the parties; (b) deny Defendant's request for alimony/alimony pendente liter (c) deny any and all other relief which has been requested by Defendant; and (d} order such further relief as the Court may determine equitable and just. Respectfully submitted, Date: October ~ , 2010 7 MAX J. SMITH, JR., E ire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Answer 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. ~~' JACQUELINE S. LINCOLN, Plaintiff vs. D. JAMES LINCOLN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2010-3883 CIVIL TERM CIVII, ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this _~ day of October, 2010, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Plaintiff's Reply to Counterclaims by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 ~'( MAX J. SMITH, JR., quire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLn P.O. Box 650 Hershey, PA 17033 (717) 533-3280 JACQUELINE S. LINCOLN, Plaintiff VS. D. JAMES LINCOLN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-3883 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD! To the Prothonotary: s°a rn? lern r 611- C 5; m -v s w r?- 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 (X) 3301 (c) ( ) 3301 (d) of the Divorce Code. (Check applicable section). n w.n ?rn rn t? -v rn -4c, :L s -n C :)-n -AC) CD rn 3' 2. Date and manner of service of the complaint: Bycertified mail on June 25, 2010. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff January 31, 2011 ; by Defendant February 1, 2011 (b)(1) Date of execution of the Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: Defendant: (2) date of service of the Plaintiff's affidavit upon the 4. Related claims pending: None 9w 0" Attorney for (X) Pla' iff ( ) Defendant r c M 1 5S-S-3 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 3 1 day of T"V , 2011, by and between JACQUELINE S. LINCOLN (hereinafter called "Wife") and D. JAMES LINCOLN (hereinafter called "Husband"). WITNESSETH: ? ca -,r- -- -a c) WHEREAS, Husband and Wife were married on June 21, 1986; and .mac , ` &, _ ; WHEREAS, there have been no children born of this marriage; and WHEREAS, the parties hereto desire to fix and determine by this Marital Settlement Agreement the rights and claims that have accrued to each of them in the estate and real and personal property of the other by reason of the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to present and future rights of inheritance, support, maintenance, alimony, payment of counsel fees and equitable distribution and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims. NOW, THEREFORE, in consideration of the premises and of the marriage, and in further consideration of the mutual promises and undertakings hereinafter set forth, each intending to be legally bound hereby, the parties agree as follows: SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness 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. 3. WIFE'S DEBTS. Wife represents and warrants to Husband that as of the date of separation, September 2, 2005, she has not incurred, and in the future she will not contract or incur, any debts or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Any and all loans, and/or debts and charge accounts presently in Wife's name alone shall be Wife's sole and separate responsibility for payment thereof, and Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. 4. HUSBAND'S DEBTS. Husband represents and warrants to Wife that as of the date of the separation, September 2, 2005, he has not incurred, 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 harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Any and all loans, and/or debts and charge accounts, presently in Husband's name alone shall be Husband's sole and separate responsibility for payment thereof, and Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 5. JOINT DEBTS. The parties shall be responsible for payment and satisfaction of the joint Visa credit card, the current balance being approximately $7,500 and the date of separation balance being approximately $6,900. Both parties agree to indemnify and save harmless the other from any loss either may sustain, including attorney fees, as a result of any default in payment by the other. Each party shall pay his or her payment as required herein and satisfy the joint VISA credit card debt within a period of thirty (30) days after execution of this Agreement, it being the intention of Husband to satisfy his portion of the debt immediately after his refinance. 2 6. EQUITABLE DISTRIBUTION. 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. Both parties hereby accept the provisions of this Agreement with respect to 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 the 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 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. 7. REAL ESTATE. The parties agree that Wife shall grant, transfer, relinquish and convey to Husband all of her right, title and interest in the marital residence located at 105 Cambridge Drive, Mechanicsburg, Cumberland County, Pennsylvania. Wife shall execute a deed so transferring her equitable interest in the said premises to Husband contemporaneously with the execution of this Agreement. The deed shall be released to Husband so that he may complete his refinancing as contemplated herein, but in the evens: Husband fails to complete refinancing within thirty (30) days of the date hereof, the deed shall not be recorded and the property shall be re-transferred into joint names with Wife. Husband shall immediately take all necessary steps to refinance the existing first mortgage and home equity loan obligations, so that Wife's name may be removed therefrom. Husband shall refinance the marital debt within a period of fifteen (15) days after execution of this Agreement so as to remove Wife's name from the joint mortgage encumbering the marital residence. Pending Husband's refinancing of the mortgage, it is specifically understood and agreed that Husband hereby assumes sole responsibility for payment of the current mortgage and home equity loan obligations thereon, and shall further be solely responsible for payment of all other real estate-related expenses and household expenses, including but not limited to taxes, insurance and utilities. 3 8. DIVISION OF PERSONAL PROPERTY ACCOUNTS AND VEHICLES. The parties have divided between them, to their mutual satisfaction, the personal effects, bank accounts, household furniture and furnishings and all other articles of personal property which have heretofore been used by them in common. The parties expressly agree that Wife shall be entitled to exclusive ownership of the 2004 Acura TSX currently in her possession, and that Husband shall relinquish any and all interest he may have in same. Wife agrees to be solely responsible for payment of any and all encumbrances, and all other expenses affecting such vehicle. Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. Husband shall be entitled to exclusive ownership of the Acura TL, 1979 Chevrolet van and 1999 Honda Passport currently in his possession, and that Wife shall relinquish any and all interest she may have in same. Husband agrees to be solely responsible for payment of any and all encumbrances, and all other expenses affecting said vehicles. Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. The parties further agree to execute any vehicle titles, Powers of Attorney or other documents necessary to give this Paragraph full force and effect, no later than thirty (30) days after execution of this Agreement. 9. PENSIONS AND EMPLOYMENT BENEFITS. Husband and Wife are the owners of certain pension plans and/or retirement plans and/or employee stock or savings plans, which they have accumulated during the course of their past and/or present employment. It is hereby specifically agreed that Husband and Wife each shall forever relinquish to the other his or her right, title and interest in said pension plans and/or retirement plans and/or employee stock or savings plans, as well as all other employment benefits, of the other. Specifically included herein are all benefits to which each is entitled through their respective employment with the Commonwealth of Pennsylvania. The parties agree to execute any and all documentation necessary to effectuate the terms herein contained. 4 10. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Husband and Wife have shared income information pertaining to each party's employment. Both parties agree to make no claim for alimony, alimony pendente lite or spousal support now or at any future time, or in connection with the pending divorce action between the parties. 11. COUNSEL FEES. Husband and Wife agree to be solely responsible for payment of his or her attorney fees in connection with this Agreement and the pending divorce action between the parties. 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 event the division of the parties' mutual assets and all other rights determined by this Agreement shall be subject to Court determination the same as if the parties had never executed this Agreement. 13. FINANCIAL DISCLOSURE. The parties have disclosed to each other and they are aware of the extent of each other's income, assets, liabilities, holdings and estates. Husband and Wife confirm that by executing this Agreement each forever waives any future right to set aside said Agreement, or to defend against its enforcement or any portion thereof based upon the absence of such a disclosure by the other party, or based upon any claim that it is inequitable, unconscionable or does not make a reasonable provision for one or the other of them. Further, Husband and Wife hereby waive their right to have an actuary determine the present value of his or her SERS benefits. 14. SUBSEQUENT DIVORCE. Nothing herein contained shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction, nor to bar the other from demanding any such suit. 15. NO-FAULT DIVORCE. Both parties agree to execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree to facilitate entry of a divorce decree pursuant to Section 3301(c) of the Divorce Code contemporaneously with execution of this Agreement. 16. BREACH. If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages, including attorney fees, for such breach, or seek such remedies or relief as may be available to him or her respectively. 17. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, titles, pension documents, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION. The provisions of this Agreement and their legal effect have been fully explained to the parties by Max J. Smith, Jr., Esquire, attorney for Wife, and Andrew C. Sheely, Esquire, attorney for Husband, and each party acknowledges that the Agreement is fair and equitable, that full disclosure has been made by each respective party to the other, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Wife and Husband acknowledge that they have been furnished with all information relating to the financial affairs of the other, which has been requested by them respectively. 19. WAIVER OF CLAIMS AGAINST ESTATE. 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 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 property against the Will of the other, and the right 6 to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims. 20. INCORPORATION OF AGREEMENT FOR ENFORCEMENT. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives and assigns. This Agreement shall survive a decree of divorce between the parties in any jurisdiction and any other order which may be entered in accordance with this Agreement. In the event that a Decree of Divorce is entered in the Court of Common Pleas of Cumberland County, Pennsylvania or in the event that a Decree in Divorce is entered in any other jurisdiction, the parties agree to incorporate this Agreement in the Divorce Decree for purposes of enforcement. It is the specific intent of the parties to be bound by the provisions hereof in lieu of any other claim or order of support, maintenance, alimony, equitable distribution, counsel fees, costs, maintenance of insurance, equitable relief or property settlement or with regard to any other provision hereof. In the event that any final order of court is entered in any jurisdiction with respect to the parties hereto which is contrary to the provisions hereof, then the rights and responsibilities of each of the parties hereto shall be relieved or adjusted to the extent necessary to conform to this Agreement. 21. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenant; or undertakings other than those expressly set forth herein. 22. 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 of any of the provisions of this Agreement, shall not be construed as a waiver or any subsequent default of the same or similar nature. 7 23. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 24. IRREVOCABILITY. It is understood and agreed to by and between the respective parties hereto that the property division-distribution effected by the herein Agreement is IRREVOCABLE and that such division-distribution shall not be affected by any future change in circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current or future laws or case decisions. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS i4 TNESS ACQ INE S. LINCQLN . J. 8 0_ JACQUELINE S. LINCOLN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2010-3883 CIVIL TERM :7 C ca D. JAMES LINCOLN, CIVIL ACTION - LAW -D zr Defendant IN DIVORCE z co M cn -<> r- CERTIFICATE OF SERVICE < y, c w AND NOW, this 15th day of June, 2010, I, MAX J. SMITH, JR., Esquire, Attonnyer Plaintiff, hereby certify that I have this day sent a copy of Complaint in Divorce by depositing a certified copy of the same in the United States mail, postage prepaid, certified mail #7009 3410 0000 3718 4425 at Mechanicsburg, Pennsylvania, addressed to: D. James Lincoln 105 Cambridge Drive Mechanicsburg, PA 17055-3502 Mailing and return receipt cards attached hereto. 4? 0 MAX J. SMITH, JR. squire I.D. No. 32114 JAR.AD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Diett:erick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 _+1 Mr ?m C:) PI ¦ Comphls ilems 1, 2, and 3. Also oonpiels Mla 4 if Restr'iolsd Delivery Is desired. ¦ P* t your rwrre and address on the reverse so riot we can rohm. the card to you. K Aftoh this card to the bade of the mallpiece, or an the front If space permits. 1. Arede Addrea W to: t --) OSS-3902 A. SWLWAS / //% B. by (p%w Name) C. Dabs of odmy D. Is dakwV sddiees 17 If YES, erAer deb El y .9 S;oo 3. = M? Cerlfflsd MeN 0 Registered for Mertes O Insured Mau 0 C.O.D. 4. Rssbfafsd Ddvery? $Mw Fegl 3rrr 2. AM* *rrgblrr 70D9 3 410 0000 3 718 4425 Awirtor 4r" bw PS iAtlrwt 1, l anwy MM De+m.alo RMwn A l lpc ,ate JACQUELINE S. LINCOLN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSY&AMA vs. 3 NO. 2010-3883 CIVIL TERM n CO =-n --om D. JAMES LINCOLN, CIVIL ACTION - LAW S Defendant IN DIVORCE , ? 7r- AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 14, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the 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. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. 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: 7-1- .2011 JACQUELINE S. LINCOLN, Plaintiff vs. D. JAMES LINCOLN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL ?iNR a rn trn _n M NO. 2010-3883 CIVIL TERM ,;o Q CIVIL ACTION -LAW IN DIVORCE rte{ WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without further 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: 2011 C__ 4d , rr Y1> Y?? JACQUELINE S. LINCOLN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. . NO. 2010-3883 CIVIL TERM D. JAMES LINCOLN, CIVIL ACTION -LAW Defendant IN DIVORCE 7 =M ran -i m AFFIDAVIT OF CONSENT AND ?i ? WAIVER OF COUNSELING x , <ES -'Q D 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code le nc) June 14, 2010. a Z- 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the 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. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. 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: 2011 AC 6? dL / LINE S. LINCO N JACQUELINE S. LINCOLN, Plaintiff VS. D. JAMES LINCOLN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-3883 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE c rn rnCD = rn c;?o r- -t, (7) xc:) ._r rn i ca x °0 6 4CD CD M a WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a Final Decree of Divorce without further 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 unworn falsification to authorities. Date: J , 2011 C 1 /? J C L S. LINCOL / 1 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JACQUELINE S. LINCOLN V. D. JAMES LINCOLN NO, 2010-3883 CIVIL TERM DIVORCE DECREE AND NOW, -??•y??_, 2011 , it is ordered and decreed that JACQUELINE S. LINCOLN , plaintiff, and D. JAMES LINCOLN , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Marital Settlement Agreement dated 31 January 2011, is hereby incorporated into the Final Divorce Decree. By the Court, -/ J. T f?4 Prothonotary a/9??r Cer+, Copx rna' lea/ 4o afty mith No?hCe ?;Py (1eor ,k aitiq wry