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HomeMy WebLinkAbout06-2050Mark F. Bayley, ESQUIRE ATTORNEY ID NO. 87883 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243.6090 ATTORNEY FOR PLAINTIFF MICHELLE LUCAS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2006 --2OS'?CIVIL TERM DANIEL LUCAS, Defendant : IN DIVORCE NOTICE 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 in 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 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 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 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. MICHELLE LUCAS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2006 - 024 Cr)CIVIL TERM DANIEL LUCAS, Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE NOW, comes the plaintiff, by her attorney, Mark F. Bayley, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is MICHELLE LUCAS, an adult individual residing at 44 Limekiln Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is DANIEL LUCAS, an adult individual whose address is 1611 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on June 12, 1998 in Newville, Cumberland County, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that she has been advised of the availability of counseling and that he has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. Dated: -- X4, MARK F. BAYLEY IRWIN & BAYLEY 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 87663 Attorney for Plaintiff MICHELLE LUCAS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2006 - CIVIL TERM DANIEL LUCAS, Defendant : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. 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. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. , 2006 k"r UL Le CW MICHELLE LUCAS, Plaintiff VERIFICATION I do hereby verify that the facts set forth in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. April 77 1 2006 ` ` \\'"^ h L, MICHELLE LUCAS ? ? 1 J ? 6" ? I? G fi" ??' ?,l ?---_ MICHELLE LUCAS, Plaintiff V. DANIEL LUCAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA oz- Asa 00250 S -20 CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Defendant Daniel Lucas, by and through his counsel, Debra R. Mehaffie, Esquire, Law Offices of Robert S. Mirin, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property O Annulment O Support () Alimony () Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a master is requested. (2) The Defendant has appeared in the action by his attorney, Debra R. Mehaffie. (3) The Statutory ground for divorce is 3301 (c) and (d) (4) The action is contested with respect to the following claims: prWert y distribution. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take %2 day. (7) Additional information, if any, relevant to the motion: none. Date: r R. Mehaffie, Attorne fo endant R APPO E INTING G MASTER AND NOW, , 20 , is appointed master with respect to the following claims: Esquire By the Court: Distribution: Debra R. Mehaffie, Esquire, The Law Offices of Robert S. Mirin, 2515 North Front Street, Harrisburg, PA 17110 (Counsel for Defendant) Mark F. Bayley, Esquire, Irwin & Bayley 64 South Pitt Street, Carlisle, PA 17013 (Counsel for Plaintiff) C3 o ? MICHELLE LUCAS, Plaintiff V. DANIEL LUCAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OL -.2GS 6 NO.-06256 8 260 CIVIL ACTION - LAW IN DIVORCE INVENTORY AND APPRAISEMENT OF DANIEL LUCAS Defendant Daniel Lucas, files the following Inventory and Appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three (3) years. I verify that the statements made in this Inventory and Appraisement are true and correct and that false statements herein are made subject to the penalties or 18 Pa. C.S. §4904 relating to unworn falsification to law enforcement authorities Date: 8 x Daniel Lucas ASSETS OF THE PARTIES Defendant, Daniel Lucas, marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. ( X ) 1. Real Property ( X ) 2. Motor Vehicles ( ) 3. Stocks, Bonds, Securities and Options ( ) 4. Certificates of Deposits ( X ) 5. Checking Accounts, Cash ( ) 6. Savings Accounts, Money Market and Saving Certificates ( ) 7. Contents of Safe Deposit Boxes ( ) 8. Trusts ( X ) 9. Life Insurance Policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( X ) 12. Inheritances ( ) 13. Patents, Copyrights, Inventions, Royalties ( ) 14. Personal Property Outside the Home ( X ) 15. Business (list all owners, including percentage of ownership, and office/director positions held by a party with company) ( ) 16. Employment Termination Benefits - Severance Pay, Worker's Compensation Claim/Award ( ) 17. Profit Sharing Plans ( X ) 18. Pension Plans (indicate employee contribution and date plan vests) 2 ( X ) 19. ( ) 20. ( ) 21. ( ) 22. ( ) 23. ( X ) 24. ( X ) 25. ( ) 26. Retirement Plans, Individual Retirement Accounts Disability Payments Litigation Claims (matured and unmatured) MilitaryN.A. Benefits Education Benefits Debts Due, including Loans, Mortgages Held Household Furnishings and Personality (include as a total category and attach itemized list if assets are in dispute) See Attachment "A" Other 3 MARITAL PROPERTY Defendant lists all marital property, in which either, or both spouses have a legal or equitable interests, individually, or with any other person as of the date this action was commenced: ITEM NUMBER DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS 1 Cabin Both 2 Harley Davidson Dan 2 Pontoon Boat Dan 2 Jon Boat Michelle 2 Chevy C2 Truck Dan 2 Commercial Truck - Lucas Trucking purchased for $10,000 Dan 5 Checking Account & Savings Account Dan 5 Checking Account & Savings Account for Lucas Trucking Dan 9 Life Insurance Policies (2 of them) A) $100,000 B $102,000 Dan 15 Lucas Trucking Dan 18 Pension Plan Michelle 19 IRA Michelle 19 401K - Cashed in December 2005 to purchase commercial truck for Lucas Trucking Dan 4 NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: ITEM NUMBER PROPERTY DESCRIPTION NAME OF ALL OWNERS BASIS FOR EXCLUSION FROM MARITAL PROPERTY 12 Fine Crystal and China Michelle 6 12 China Cabinets 2 Michelle 6 12 Doll Collection Michelle 6 12 Dining Room Table and Chairs Dan 6 25 Bedroom Suite Michelle 1 25 ueen Bed Dan 1 25 Kitchen Table and Chairs Michelle 1 Basis for Exclusion: 1. Pre-marital Property 2. Gift 3. Acquired after separation 4. Property excluded by agreement of the parties 5. Property disposed of in good faith for value prior to divorce suit 6. Inheritance As there has been limited discovery in this matter, Husband reserves the right to amend the designation of assets set forth by Wife as non-marital property, if it is discovered that any part thereof constitutes marital property. PROPERTY TRANSFERRED ITEM NUMBER PROPERTY DESCRIPTION DATE OF TRANSFER CONSIDERATION PERSON TO WHOM TRANSFERRED 1 Marital Home 44 Limekiln Road Carlisle, PA 17013 6/20/06 $195,000.00 Third Party 1 Cabin -Pending 0 Michelle 2 Jon Boat 6/22/06 0 Michelle 5 LIABILITIES ITEM PROPERTY DESCRIPTION NAME OF ALL NAMES OF ALL NUMBER CREDITORS DEBTORS 24 Credit Card Acct # MBNA Dan & Michelle XXXX-XXXX-XXXX-3142 24 Credit Card Acct # Capital One Dan XXXX-XXXX-XXXX-0243 24 Credit Card Acct # Members lg FCU Both (Michelle is now XXXX-XXXX-XXXX-7853 off of this account 24 Student Loan $10,000 ACS Dan 24 IRS Debt ($4,500 for 2005 tax IRS Both ear 24 Truck Loan ($20,000 for pick up Members is Both truck 24 Visa Card Dan / Lucas Trucking 6 EXHIBIT "A" ITEM NUMBER DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS 25 Family Room Couch and Loveseat Both 25 Coffee Table and Sofa Table Both 25 Living Room Love Seat and Rocker Both 25 Living Room End Tables 2 Both 25 Pool Table Both 25 Computer Both 25 Dishes Both 25 Appliances Both 25 Portraits of Moran Both 25 Beer Meister Both 25 Tools Both 7 d ? -Ir `c r? -p '?3 MICHELLE LUCAS, Plaintiff V. DANIEL LUCAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA pL-243SD NO ^zA96 CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT OF DEFENDANT DANIEL LUCAS PURSUANT TO Pa.R C.P. 1920.31(a)(1) INCOME: Employer: United Rentals (North America) Inc. Address: Five Greenwich Office Park Greenwich, CT 06831-5180 Type of Work: Trucking Payroll Number: 00736209 Pay Period (weekly, biweekly, etc.): Biweekly Gross Pay per Pay Period: $1,384.68 ITEMIZED PAYROLL DEDUCTIONS: Federal Withholding Social Security Local Wage Tax State Income Tax Medicare SDI Tax Retirement Savings Bonds Credit Union Life Insurance Health Insurance Other (specify) $ 64.05 $ 82.85 $ 42.51 $ 20.08 $ 1.25 (Pennsylvania Unemployment EE) Net income per pay: $ 1,170.94 OTHER INCOME: fill in appropriate column Weekly Monthly Yearly Interest Dividends Pension Annuity Rents Royalties Expense Account Gifts Unemployment Compensation Workmen's Compensation Spousal Support TOTAL MONTHLY INCOME: EXPENSES: Weekly Monthly Yearly Home: Rent Maintenance Utilities Electric / AC 65.00 Gas/Heat Source 130.00 Telephone (cell and house 170.00 Water Sewer / trash Mortgage and Lot Rent 718.00 Employment: Public Transportation Taxes: Real Estate Personal Property federal, state & local Insurance: Homeowners (Renters) 278.00 Automobile 60.00 Life 15.00 Accident Health 26.00 2 Other Automobile Truck Loan 422.00 Fuel 80.00 Repairs Medical: Doctor Dentist Orthodontist Hospital Medicine Special Needs Education Private School Parochial School College Religious Personal: Clothing 200.00 Food 300.00 Barber / hairdresser 10.00 Credit Payments: Credit card 400.00 Charge account Memberships Loans Credit Union 401 Student Loan 97.00 Miscellaneous: Household help Childcare Papers/books/magazines Entertainment Cable TV 45.00 Vacation Gifts Christmas 500.00 Legal fees Charitable Contributims Child Support for Moran 481.00 3 i Alimony payments Savings Safe Box Computer Other: TOTAL EXPENSES 80.00 2939.00 478.00 PROPERTY OWNED: See Inventory & Appraisement OW NERSHIP Description Value Husband wife joint Checking Accounts Members 1" Account # XXXX68785 100.00 X Savings Accounts Members 1" Account # XXXX68785 40.00 X Checking Account Lucas Trucking 0.00 Savings Account Lucas Trucking 0.00 TOTAL: 140.00 INSURANCE: COVERAGE Company Policy Number Husband & Child Wife Joint Hospital: Blue Cross of California Blue Cross of California UNR113A21680 X Other Medical: Other Other Health / Accident Disability Income Dental Other I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements are made subject to penalties of 18 Pa.C.S. §4904 relating to unworn falsification to law enforcement authorities. Date Daniel Lucas 4 Sn' => ?' r, - o ?? N yam. ? aD AUG 1 0 2006 MICHELLE LUCAS, IN THE COURT OF COMMON P Plaintiff CUMBERLAND COUNTY, PENNSYLVANI OL _ 10 so V. NO.402- 84666 CIVIL ACTION - LAW DANIEL LUCAS, Defendant 0 20_0(, o C,. (xGehdt Esquire =t to the following claims: A4 W Q (J7lI/`e IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Defendant Daniel Lucas, by and through his counsel, Debra R. Mehaffie, Esquire, Law Offices of Robert S. Mirin, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property O Annulment O Support O Alimony O Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a master is requested. (2) The Defendant has appeared in the action by his attorney, Debra R. Mehaffie. (3) The Statutory ground for divorce is 3301 (c) and (d) (4) The action is contested with respect to the following claims: yropertv distribution. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take %: day. (7) Additional information, if any, relevant to the motion: none. Date: O r R. Mehaffie, Attorne fo endant ER APPOINTING MASTER AND NOW, U is appointed master with By the . QA 1 J. Distribution: Debra R. Mehaffie, Esquire, The Law Offices of Robert S. Mirin, 2515 North Front Street, Harrisburg, PA 17110 (Counsel for Defendant) a Mark F. Bayley, Esquire, Irwin & Bayley 64 South Pitt Street, Carlisle, PA 17013 (Counsel for Plaintiff) P S1 OT ?Iz u}? co -a ets r ? CD V N ? 6,. ot MICHELLE LUCAS, Plaintiff V. DANIEL LUCAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02050 S 2006 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 ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 (717) 249-3166 ANSWER AND COUNTERCLAIM OF DANIEL LUCAS AND NOW comes Defendant, Daniel Lucas, by and through his Attorneys, The Law Offices of Robert S. Mirin, and files this Answer to the Divorce Complaint and Counterclaim and avers as follows: ANSWER Admitted upon information and belief. 2. Denied. Defendant resides at 104 Big Spring Terrace, Newville, PA, 17241. 3. Admitted upon information and'belief. 4. Admitted. 5. Admitted. 6. Admitted based upon information and belief. Plaintiff/Counter-Defendant is directed to answer the following Counterclaims within twenty (20) days or suffer possible default: COUNTERCLAIM Defendant/Counter-Plaintiff avers by way of Counterclaims: COUNT 1 REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER 3104 AND 3502(a) of the DIVORCE CODE 7. Paragraphs 1 through 6 are incorporated herein and made a part hereof by reference. 8. Plaintiff/Counter-Defendant and Defendant/Counter-Plaintiff have acquired property, both real and personal during their marriage from the date of said marriage until the date of separation. ?f 9. Plaintiff/Counter-Defendant and Defendant/Counter-Plaintiff have been unable to agree as to an equitable distribution of said property. 10. Defendant/Counter-Plaintiff requests the court to equitably distribute the property. WHEREFORE, Defendant/Counter-Plaintiff respectfully requests that an Order be entered distributing all the properties, real and personal, as the Court may deem equitable and just, plus costs. Respectfully Submitted, THE LAW OFFICES OF ROBERT S. MIRIN ?1?rfc?b )bra R. Mehaffie PA AID No. 90951 2515 N. Front Street Harrisburg, PA 17110 (717) 909-9900 VERIFICATION I, DANIEL LUCAS, 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. 5-aJ`- 0<0 - "::) Date Daniel Lucas MICHELLE LUCAS, Plaintiff V. DANIEL LUCAS, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02050 S 2006 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Amanda L. Emerson, Paralegal, certify that on this date, September 25, 2006, a true and correct copy of the foregoing Answer and Counterclaim, has been served upon the following by first class mail, prepaid to: &,12c ?0 Date Mark F. Bayley, Esquire Bayley & Mangan 57 W. Pomfret Street Carlisle, PA 17013 G A J4g.- L ZAmanda L. Emerson, Paralegal n ? O Lrk G Ut Pl- MICHELLE LUCAS, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, vs. PENNSYLVANIA DANIEL LUCAS, NO. 02050 S 2006 Defendant IN DIVORCE PRAECIPE TO WITHDRAW AND ENTER APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance as agent of the Law Offices of Robert S. Mirin on behalf of Defendant Daniel Lucas in the above-captioned matter. Kindly enter my appearance on behalf of Defendant Daniel Lucas in the above-captioned matter. Date: Respectfully submitted: Mehiffie, Esquire & Scaringi, P.C. I.D. No. 90951 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 (717) 657-7797 fax V-1 r - -Al - u t 71 MICHELLE LUCAS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06 - 2050 CIVIL DANIEL LUCAS, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of 2008, the economic claims raised in the proceedings having been esolved in accordance with a marital separation agreement dated June 6, 2008, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. E cc: ? Mark F. Bayley Attorney for Plaintiff ?Debra R. Mehaffie Attorney for Defendant C4? Of Q S t.-riaat LL 7/2/2008 mow. 4 FY MARITAL SEPARATION AGREEMENT THIS AGREEMENT, entered into on the specified date below, by and between Daniel Lucas, (hereinafter referred to as "HUSBAND") and Michelle Lucas, (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on June 12, 1998; and WHEREAS, the parties have lived separate and apart since March 24, 2006 and continue to do so within the meaning of the Pennsylvania Divorce Code; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of and alimony for each party. property NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and shall be in full satisfaction of all marital rights of the parties. 3. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall threaten or interfere with the other party in any manner whatsoever. Each party harass, annoy, injure, and engage in anemployment, any profession, business or other activity, as he or she may deem advisable for his or her sole use and benefit. Neither ownershi party shall interfere with the uses, p, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. -1- 4. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 5. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband has been represented in this matter by Debra R. Mehaffie, Esquire, and Wife has been represented by Mark F. Bayley, Esquire. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 6. Each party to this agreement acknowledges and declares that he or she, respectively: A. Enters into this agreement voluntarily after receiving the advice of counsel; B. Is fully and completely informed of the facts relating to the subject matter of this agreement and of the rights and obligations of the parties; C. Has given careful and serious thought to the making of this agreement; D. Has carefully read each provision of this agreement; and E. Fully and completely understands each provision of this agreement, both as to the subject matter and legal effect. 7. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of Marital Property for inadequate consideration without the prior consent of the other. -2- Each ply acknowledges that, to the extent desired, he or she has had access to all of the above information from the other party. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax returns filed by or on behalf of both parties during the marriage. 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 he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. 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 she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 8. DEBTS AND LIABILITIES: It is further mutually agreed by and between the parties that HUSBAND will be responsible for the following debts, liabilities, contracts and payments relating to the same: a. Any and all credit card debt acquired while the parties were married including debts associated with the following cards: MBNA account number ending in 3142, Capital One account number ending in 0243, Members 1 st FCU account number ending in 7853, and the Lucas Trucking Visa Card account; HUSBAND shall maintain these accounts in good standing. b. Any and all debt of any kind relating to HUSBAND's student loans including, but not limited to, the ACS student loan. C. Any and all debt of any kind relating to the cemetery plot(s) and headstone(s) previously purchased. d. It is acknowledge that the parties filed joint federal, state, and local income tax returns through 2005. In the event of any deficiency in federal, state, or local income tax or assessment of any tax made against either party for a tax liability that arose during the marriage up and through 2005 that was not disclosed to Husband at the time of the execution of this Agreement, such tax, interest, penalty, or expense shall be solely and entirely paid by the individual who is finally determined to be the cause of the misrepresentation or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. Each party will indemnify that hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty, and expenses in connection therewith. The parties shall be responsible for their own tax liabilities from 2006 and on. -3- HUSBAND has knowledge of approximately $800. of outstanding tax debt relating to 2005 state and local taxes and assumes responsibility for the same. e. Any and all debts HUSBAND assumes ownership of pursua ?othebwithin of any kind relating to any property agreement. f. Any and all other outstanding debt of any kind acquired during the term of the marriage and prior to the parties' separation date of March 24, 2006. Wife shall be responsible for all the debts, liabilities, contracts, and payments relating to any property Wife Assumes ownership of pursue to the within Agreement. 9. CASH ASSETS AND OTHER ASSETS: The Parties have previously separated cash assets and other assets not otherwise mentioned by this Agreement to their satisfaction. 10. PERSONAL PROPERTY, VEHICLES, ETC.: a. HUSBAND will assume full ownership of the pontoon boat. b. HUSBAND will assume full ownership of the freightliner. C. HUSBAND will assume full ownership of the motorcycle. d. HUSBAND will assume full ownership of the cemetery plot and related items. e. HUSBAND will assume full ownership of the cabin. f. HUSBAND will assume full ownership of the jon boat. 9. WIFE will assume full ownership of the Chevy Blazer. h. HUSBAND will assume full ownership of a green and brown his stool, his photographs taken prior to the marriage, and half the portraits f Moganirdhouse, i. Lucas -Trucking - The parties acknowledge that during the marriage Husband started a business known as Lucas Trucking. The parties have agreed not to have the business valued. It is the intent of the parties that Husband shall assume any ownership interest that may exist in Lucas Trucking. Accordingly, Wife waives any and all interest she may have in this business . Furthermore, Husband shall be solely responsible for any and all other outstanding debt of any 4 kind acquired as a part of Lucas Trucking, including, but not limited to, any outstanding tax liability. j. The Parties have previously separated all personal property, vehicles, etc., not otherwise mentioned by this agreement to their satisfaction. The respective party currently possessing property not mentioned by this Agreement at the time this Agreement is executed will assume full ownership of said property. k. The parties agree to transfer all contracts and legal title associated with the above property to the party assuming ownership as soon as possible, but no later than thirty (30) days from the date of execution of this Agreement. 11. SUPPORT AND ALIMONY: Both parties hereby waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony, alimony pendent lite or spousal support before or after any divorce which may be granted. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 12. RETIREMENT ACCOUNTS a. HUSBAND will assume full ownership of any and all Pension and/or Retirement plans currently in his name. b. WIFE will assume full ownership of her R.T. Grim Company RTG Retirement Plan. 13. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, 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 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 claims. Additionally, each party waives and relinquishes any and all rights to share in any estate inheritances or bequests the other may receive and/or be entitled to. 5 14. DIVORCE: HUSBAND and WIFE agree to voluntarily execute all necessary documents to finalize a mutual consent divorce It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. The parties acknowledge that Wife filed a Divorce Complaint on April 11, 2006 in the Court of Common Pleas in Cumberland County, Pennsylvania to Docket No. 2006-2050. The parties agree that concurrent with the execution of this Agreement they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree so that either party may finalize the divorce action in a timely fashion. Upon completion of the divorce action, counsel obtaining a divorce decree shall supply the opposing party's counsel with a certified copy of the Decree. 15. BREACH: In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 16. 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. Each party shall execute documents relating to this paragraph no later than seven (7) days after being requested to do so by the other party. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party,all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 17. 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. Each party acknowledges that he or she has carefully read this Agreement; that he or she has sought sufficient legal advice from legal counsel of his or her own choice, if any, and has executed it voluntarily and in reliance upon his or her own attorney, if any; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. 6 This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 18. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 19. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 20. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged into the Decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 21. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 22. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 23. MARITAL DEBT: Each party hereby confirms they have not incurred any additional debt since their separation that has in any way obligated the other party. Neither Ply will take any action to incur additional debt of any nature whatsoever in th' s name from the date of execution of this Agreement forward. e other party, 24. EQUITABLE DISTRIBUTION: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26), known as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. 25• SUMMARY OF EFFECT OF AGREEMENT: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made 7 in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 26. RECONCILIATION: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this Agreement or cause any new marital rights or obligations to accrue. 27. SEVERABILITY: 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. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 28. NO WAIVER OF DEFAULT: This agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 29. INTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any udts independent legal significance as a written contract sep ate from such judgment all continue to for div have may be enforced as an independent contract. orce and 30. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 31. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 32. WAIVER OF CLAIMS. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 33. NOTICES: Any and all notices given hereunder shall be in writing and shall be sent to: a. To Husband in care of Debra R. Mehaffie, Esquire, 2000 Linglestown Road, Suite 106, Harrisburg, PA 17110. b. To Wife in care of Mark F. Bayley, Esquire, 17 West South Street, Carlisle, PA 17013. 34. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall insure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. parties. This agreement shall become effective immediately upon its execution by both IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date im*ated below. Lucas?. a ? Michelle Lucas Date 9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : SS PERSONALLY APPEARED BEFORE ME, a no Pennsylvania, this da of ? tarY Public for Cumberland County satisfactorily proven) to be the person whose name is subscribed, ubs ribbed to the within known to me (or acknowledge that he executed the same for the purposes therein contained. greement, and IN WITNESS WHREOF, I have hereunto set my hand and official seal. OURlA1 SIM, MARY L NVYpER IN 1 F N :v?vE . OAWHIN Cot*W C 1q*G6 oct 23, 2011 Notary P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS PERSONALLX APPEARED BEFORE ME, a no Pennsylvania, this day of ?'Y Public for Cumberland County y I Y1 9 , 2008, Michelle Lucas, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NotwW Seal JUTS M. Good, Notary PUNC Garble Elm. 0"Ow ind Cwm*dotl E*ku Dom 6.2011 Member, Pennsylvania Qwlatlon of Notaries No ry Public 10 MARITAL SEPARATION AGREEMENT THIS AGREEMENT, entered into on the specified date below, by and between Daniel Lucas, (hereinafter referred to as "HUSBAND") and Michelle Lucas, (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on June 12, 1998; and WHEREAS, the parties have lived separate and apart since March 24, 2006 and continue to do so within the meaning of the Pennsylvania Divorce Code; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and shall be in full satisfaction of all marital rights of the parties. 3. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity, as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. -1- 4. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 5. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband has been represented in this matter by Debra R. Mehaffie, Esquire, and Wife has been represented by Mark F. Bayley, Esquire. Each parry fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 6. Each party to this agreement acknowledges and declares that he or she, respectively: A. Enters into this agreement voluntarily after receiving the advice of counsel; B. Is fully and completely informed of the facts relating to the subject matter of this agreement and of the rights and obligations of the parties; C. Has given careful and serious thought to the making of this agreement; D. Has carefully read each provision of this agreement; and E. Fully and completely understands each provision of this agreement, both as to the subject matter and legal effect. 7. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of Marital Property for inadequate consideration without the prior consent of the other. -2- Each party acknowledges that, to the extent desired, he or she has had access to all of the above information from the other party. Each parry acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax returns filed by or on behalf of both parties during the marriage. 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 he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. 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 she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 8. DEBTS AND LIABILITIES: It is further mutually agreed by and between the parties that HUSBAND will be responsible for the following debts, liabilities, contracts and payments relating to the same: a. Any and all credit card debt acquired while the parties were married including debts associated with the following cards: MBNA account number ending in 3142, Capital One account number ending in 0243, Members 1 st FCU account number ending in 7853, and the Lucas Trucking Visa Card account; HUSBAND shall maintain these accounts in good standing. b. Any and all debt of any kind relating to HUSBAND's student loans including, but not limited to, the ACS student loan. C. Any and all debt of any kind relating to the cemetery plot(s) and headstone(s) previously purchased. d. It is acknowledge that the parties filed joint federal, state, and local income tax returns through 2005. In the event of any deficiency in federal, state, or local income tax or assessment of any tax made against either party for a tax liability that arose during the marriage up and through 2005 that was not disclosed to Husband at the time of the execution of this Agreement, such tax, interest, penalty, or expense shall be solely and entirely paid by the individual who is finally determined to be the cause of the misrepresentation or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. Each party will indemnify that hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty, and expenses in connection therewith. The parties shall be responsible for their own tax liabilities from 2006 and on. -3- HUSBAND has knowledge of approximately $800. of outstanding tax debt relating to 2005 state and local taxes and assumes responsibility for the same. e. Any and all debts and/or liabilities of any kind relating to any property HUSBAND assumes ownership of pursuant to the within agreement. f. Any and all other outstanding debt of any kind acquired during the term of the marriage and prior to the parties' separation date of March 24, 2006. Wife shall be responsible for all the debts, liabilities, contracts, and payments relating to any property Wife Assumes ownership of pursue to the within Agreement. 9. CASH ASSETS AND OTHER ASSETS: The Parties have previously separated cash assets and other assets not otherwise mentioned by this Agreement to their satisfaction. 10. PERSONAL PROPERTY, VEHICLES, ETC.: a. HUSBAND will assume full ownership of the pontoon boat. b. HUSBAND will assume full ownership of the freightliner. C. HUSBAND will assume full ownership of the motorcycle. d. HUSBAND will assume full ownership of the cemetery plot and related items. e. HUSBAND will assume full ownership of the cabin. f. HUSBAND will assume full ownership of the jon boat. g. WIFE will assume full ownership of the Chevy Blazer. h. HUSBAND will assume full ownership of a green and brown birdhouse, his stool, his photographs taken prior to the marriage, and half the portraits of Morgan. i. Lucas Trucking - The parties acknowledge that during the marriage Husband started a business known as Lucas Trucking. The parties have agreed not to have the business valued. It is the intent of the parties that Husband shall assume any ownership interest that may exist in Lucas Trucking. Accordingly, Wife waives any and all interest she may have in this business . Furthermore, Husband shall be solely responsible for any and all other outstanding debt of any 4 kind acquired as a part of Lucas Trucking, including, but not limited to, any outstanding tax liability. j. The Parties have previously separated all personal property, vehicles, etc., not otherwise mentioned by this agreement to their satisfaction. The respective party currently possessing property not mentioned by this Agreement at the time this Agreement is executed will assume full ownership of said property. k. The parties agree to transfer all contracts and legal title associated with the above property to the party assuming ownership as soon as possible, but no later than thirty (30) days from the date of execution of this Agreement. 11. SUPPORT AND ALIMONY: Both parties hereby waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony, alimony pendent lite or spousal support before or after any divorce which may be granted. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 12. RETIREMENT ACCOUNTS a. HUSBAND will assume full ownership of any and all Pension and/or Retirement plans currently in his name. b. WIFE will assume full ownership of her R.T. Grim Company RTG Retirement Plan. 13. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, 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 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 claims. Additionally, each party waives and relinquishes any and all rights to share in any estate inheritances or bequests the other may receive and/or be entitled to. 5 14. DIVORCE: HUSBAND and WIFE agree to voluntarily execute all necessary documents to finalize a mutual consent divorce It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. The parties acknowledge that Wife filed a Divorce Complaint on April 11, 2006 in the Court of Common Pleas in Cumberland County, Pennsylvania to Docket No. 2006-2050. The parties agree that concurrent with the execution of this Agreement they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree so that either party may finalize the divorce action in a timely fashion. Upon completion of the divorce action, counsel obtaining a divorce decree shall supply the opposing parry's counsel with a certified copy of the Decree. 15. BREACH: In the event of the breach of this agreement by either party, the nonbreaching parry shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 16. 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. Each party shall execute documents relating to this paragraph no later than seven (7) days after being requested to do so by the other party. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that parry shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 17. 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. Each party acknowledges that he or she has carefully read this Agreement; that he or she has sought sufficient legal advice from legal counsel of his or her own choice, if any, and has executed it voluntarily and in reliance upon his or her own attorney, if any; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. 6 This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 18. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 19. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 20. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged into the Decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 21. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 22. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 23. MARITAL DEBT: Each party hereby confirms they have not incurred any additional debt since their separation that has in any way obligated the other party. Neither party will take any action to incur additional debt of any nature whatsoever in the other party's name from the date of execution of this Agreement forward. 24. EQUITABLE DISTRIBUTION: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26), known as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. 25. SUMMARY OF EFFECT OF AGREEMENT: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made 7 in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 26. RECONCILIATION: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this Agreement or cause any new marital rights or obligations to accrue. 27. SEVERABILITY: 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. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 28. NO WAIVER OF DEFAULT: This agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 29. INTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 30. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 8 31. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 32. WAIVER OF CLAIMS. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 33. NOTICES: Any and all notices given hereunder shall be in writing and shall be sent to: a. To Husband in care of Debra R. Mehaffie, Esquire, 2000 Linglestown Road, Suite 106, Harrisburg, PA 17110. b. To Wife in care of Mark F. Bayley, Esquire, 17 West South Street, Carlisle, PA 17013. 34. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall insure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 35. This agreement shall become effective immediately upon its execution by both parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the 'el Lucas ?A A??S?LCALIO.) ichelle Lucas D to (^ Date 9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : SS PERSONALLY APPE D BEFORE ME, a notary public for Cumberland County Pennsylvania, this day of V , 2008, Daniel Lucas, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHREOF, I have hereunto set my hand and official seal. Not"tu?k sEu MARY k *am IINpIM11AfM1A 1N1R WLVMN Cowky My ConimlMloa ?iMe Oct 23.2011 Notary Pub COMMONWEALTH OF PENNSYLVANIA : SS PERSONALLY. APPEARED EFORE ME, a notary public for Cumberland County Pennsylvania, this day of sX=g , 2008, Michelle Lucas, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Nofaiial Seal Julie M. Good, Notary Pd* Carlisle Boro, 03n1berlastd Courtly My Commission E)ifes Dec. A 20'11 Member, Pennsylvania Ass"atlon of Notalles Not Public 10 aPd`?''lU?'» 1 i4ji A90'? t YIM "002 00-0 ""o '?S??i i n l7 `t ?.. ? LYE F MICHELLE LUCAS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW DANIEL LUCAS, : NO. 06 - 2050 CIVIL TERM Defbndant : IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce on behalf of the Defendant, Daniel Lucas, in the above-captioned action and I certify that I am authorized to do so. , /,-/- a Date r *Tl r i ?- .y t's7 ? 10 MICHELLE LUCAS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. : CIVIL ACTION - LAW DANIEL LUCAS, : NO. 06 - 2050 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on April 11, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. rn - k - 0-;?> rl\- ? a5?a'?' Date Michelle Lucas, Plaintiff t ? c?. C= 0 rn- un -G %D MICHELLE LUCAS, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, vs. PENNSYLVANIA DANIEL LUCAS, NO. 02050 S 2006 Defendant IN DIVORCE AFFIDAVIT OF CONSENT 2 3 A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on April 11, 2006. 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. I consent to the entry of a final decree of divorce after service of notice of the 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. § 4904 relating to unsworn falsification to authorities. Z Da anie11 Lucas, a endant ° -rs rn t " r? } C t MICHELLE LUCAS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. : CIVIL ACTION - LAW DANIEL LUCAS, : NO. 06 - 2050 CIVIL TERM Defendant : IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 633011C1 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 THATT EH STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. d V r \- Date Miche a Lucas, Plaintiff ?uo fn "^1r CJ3 „ , tt3 MICHELLE LUCAS, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, VS. PENNSYLVANIA DANIEL LUCAS, NO. 02050 S 2006 Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 2 I consent to the entry of a final decree of divorce without notice. 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 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 Waiver of Notice are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. 08 15ate/ Daniel Lucas, Defendant N ? ? rz c-- h a VC3 MICHELLE LUCAS, Plaintiff v. DANIEL LUCAS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06 - 2050 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMrr RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: filed on April 11, 2006 and Acceptance of Services signed on April 17, 2006. 3. Date of execution of the affidavit of consent required by § 3301(c) of The Divorce Code: by the Plaintiff June 13, 2008; by the Defendant June 6, 2008. 4. Related claims pending: None 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: on July 21, 2008; a copy of which is attached. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: on July 21, 2008; a copy of which is attached. 7- ?r Date: Mark F. Bayley, Es e BAYLEY & MANGAN 17 W. South St. Carlisle, PA 17013 717) 241-2446 Supreme Court I.D. # 87663 Attorney for Plaintiff - a ° s C cxs ? ' ? s - ? -- ??` ?? ? i - ;, . '? : ? ?? ?? ?,? ? ? ?? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Michelle Lucas, Plaintiff VERSUS Daniel Lucas, Defendant NO. 06 - 2050 Civil Term DECREE IN DIVORCE .;r/.Xtr 40 5 AND NOW, "X;L , 'I ? IT IS ORDER AND Michelle Lucas DECREED THAT PLAINTIFF, AND Daniel Lucas ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,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; None; The marriage settlement agreement which was filed on June 18, 2008, and signed by the Plaintiff on June 13, 2008 and by the Defendant on June 6, 2008, shall be incorporated and not merged into4his Decree. ATTEST: -1 ?21 PROTHONOTARY 1 ,1114, -5 (?7-6eG kip