HomeMy WebLinkAbout06-4524FOSTER L. LUCAS, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA
V. NO.: OL - 'ys.2q
DONNA MAE LUCAS 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 the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Courthouse, Carlise, PA 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 OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
MidPenn Legal Services, Inc.
213A North Front Street
Harrisburg, PA 17101
1-800-932-0356
Lawyers Referral Services
100 South Street
P.O. Box 186
Harrisburg, PA 17108
1-800-692-7375
FOSTER L. LUCAS, JR.,
Plaintiff
V.
DONNA MAE LUCAS
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
. NO.:
: CIVIL ACTION -LAW
: IN DIVORCE
NOTICE OF RIGHT TO COUNSELING
You are one of the parties in the above-captioned action in divorce. By virtue of Section
3302 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the
availability of counseling and upon request of either provide both parties a list of qualified
professionals who provide such services.
Accordingly, if you desire counseling, please advise in writing promptly by replying to:
Prothonotary, Cumberland County Courthouse, Carlisle, PA 17013.
FOSTER L. LUCAS, JR.,
Plaintiff
V.
DONNA MAE LUCAS
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
NO.: (N& -- 01T-1
CIVIL ACTION -LAW
IN DIVORCE
(2, 0'tC-7 za''1
COMPLAINT UNDER SECTION 3301(c) or 3301(d)
OF THE DIVORCE CODE
1. The Plaintiff is FOSTER L. LUCAS, JR., who currently resides at 1185 Boiling
Springs Road, Mechanicsburg, Pennsylvania, 17055, Cumberland County since June 30, 2005.
2. Defendant is DONNA MAE LUCAS, who currently resides at 1185 Boiling
Springs Road, Mechanicsburg, Pennsylvania, 17055, Cumberland County since June 30, 2005.
3. Plaintiff has been a bonafide resident of the Commonwealth of Pennsylvania for at
least six (6) months immediately prior to the filing of this Complaint.
4. Plaintiff avers that Defendant has also been a bonafide resident of the
Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this
Complaint.
5. Plaintiff and Defendant were married on June 9, 1985, in Carlisle, Cumberland
County, Pennsylvania.
6. Plaintiff and Defendant live separate and apart in the same residence.
7. There has been no prior action of divorce or annuhnent between the parties.
8. The marriage is irretrievably broken.
9. Plaintiff avers that neither party is an active member of the United States Military or
its allies.
10. Plaintiff has been advised that counseling is available and that Plaintiff may have the
right to request that the Court require the parties to participate in counseling. Being so advised,
Plaintiff waives that right.
It. Plaintiff avers that Defendant has been advised of the availability of counseling and
that Defendant may have the right to request that the Court require the parties to participate in
counseling.
12. Plaintiff avers the grounds for divorce:
a. The marriage is irretrievably broken;
b. The parties consent to the divorce; or in the alternative,
c. The parties have lived separate and apart for a period of two (2) years.
WHEREFORE, Plaintiff, Foster L. Lucas, Jr., respectfully requests this Honorable
Court enter a Decree in Divorce pursuant to Section 3301 (c) or (d) of the Divorce Code.
COUNT I - EQUITABLE DISTRIBUTION
13. Paragraphs 1 through 12 above are incorporated herein by reference as though set
forth in full.
14. During the marriage, Plaintiff and Defendant have acquired various items of
marital property and debt, both real and personal, which are subject to equitable distribution
under the Divorce Code.
15. Plaintiff and Defendant have reached an agreement as to equitable distribution
and wish to have the Marital Settlement Agreement incorporated by reference, but not merged into
the divorce decree.
WHEREFORE, Plaintiff, Foster L. Lucas, Jr., respectfully requests this Honorable
Court enter a Decree in Divorce incorporating the Marital Settlement Agreement by reference
but merging into the Decree.
Respectfully submitted,
G?Zg?7
elam rb
Scarin i & Scaringi, P.C.
Supreme Court ID No. 84445
2000 Linglestown Road, Suite 103
Harrisburg, PA 17110
(717) 657-7770
ATTORNEY FOR PLAINTIFF
VERIFICATION
I, FOSTER L. LUCAS, JR., verify that the statements made in the foregoing Complaint in
Divorce are true and correct. I understand that false statements made herein are subject to the
penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities.
7 -30 -06
FO ER L. LUCAS, JR. DATE
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FOSTER L. LUCAS, JR.
Plaintiff
V.
DONNA MAE LUCAS,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: DOCKET NO. 2006 - 4524
: CIVIL ACTION -LAW
: IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
A Complaint in Divorce under Section 3301 (c) or 3301 (d) of the Divorce Code
was filed on August 7, 2006.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
I consent to the entry of a final Decree of Divorce after service of Notice of Intention
to Request Entry of the Decree.
I verify that the statements made in 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: 1 , 2006 - '
FOSTER L. LUCAS, JR., Pla' tiff
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FOSTER L. LUCAS, JR.
Plaintiff
V.
DONNA MAE LUCAS,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: DOCKET NO. 2006 - 4524
: CIVIL ACTION -LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE
I consent to the entry of a final Decree of Divorce without Notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered by the
Court and that a copy of the Decree will be sent to me immediately after it is filed
with the Prothonotary.
I verify that the statements made in this Waiver 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: 2006
STER L. LUCAS, JR., Plainti
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FOSTER L. LUCAS, JR.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: DOCKET NO. 2006 - 4524
DONNA MAE LUCAS, : CIVIL ACTION -LAW
Defendant. : IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) or 3301 (d) of the Divorce Code
was filed on August 7, 2006.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from 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.
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 A 2006
DON A MAE LUCAS, Defendant
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FOSTER L. LUCAS, JR.
Plaintiff
V.
DONNA MAE LUCAS,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: DOCKET NO. 2006 - 4524
: CIVIL ACTION -LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without Notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered by the
Court and that a copy of the Decree will be sent to me immediately after it is filed
with the Prothonotary.
I verify that the statements made in this Waiver 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: f /? 2006
4DA aMAE LUCAS, Defendant
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FOSTER L. LUCAS, JR. : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: DOCKET NO. 2006 - 4524
DONNA MAE LUCAS, : CIVIL ACTION -LAW
Defendant. : IN DIVORCE
MARITAL SETTLEMENT AGREEMENT
0-
THIS AGREEMENT, made thisi _ day --6d , 2006, by and between
FOSTER L. LUCAS, JR., hereinafter referred to as "HUSBAND", and DONNA MAE
LUCAS, hereinafter referred to as "WIFE",
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on June 9, 1985 in Carlisle,
Cumberland County, Pennsylvania;
WHEREAS, differences have arisen between Husband and Wife in consequence of
which they have determined to live separate and apart from each other, and that they shall be
divorced from the bonds of matrimony.
WHEREAS, Husband and Wife 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 matters between them
relating to the past, present and future support, alimony and/or maintenance of Wife by Husband
or Husband by Wife; and, in general, the settling of any and all claims and possible claims by
one against the other or against their respective estates and in obtaining a Divorce Decree.
NOW THEREFORE, for and in consideration the mutual promises herein
contained, and in consideration of other good and valuable considerations, and intending to be
legally bound hereby, the parties mutually promise, covenant and agree as follows:
1. Agreement Not A Bar To Divorce Proceedings:
This Agreement shall not be considered to affect or bar the right of Wife or Husband
to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense
as may be available to either party. This agreement is not intended to condone and shall not be
deemed to be a condonation on the part of either party hereto of any act or acts on the part of the
other party which have occasioned the disputes or unhappy differences which have occurred prior to
or which may occur subsequent to the date hereof.
2. 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.
3. Personal Rights:
A. 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 provisions of this Agreement 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.
B. Each party shall be free from interference, authority, and contact by the
other, as fully as if he or she were single and unmarried except as may be necessary to carry out the
provisions of this Agreement. Neither party shall molest the other or attempt to or endeavor to
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molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the
other, nor in any way interfere with the peaceful existence, separate and apart from the other.
4. Entire Agreement:
This Agreement represents the entire agreement between the parties. There are no
representations, promises, agreements, conditions, or warranties between the parties other than
those set forth herein.
5. DiscoveryMnancial Disclosure:
The parties agree and acknowledge that they have each had an opportunity to
conduct discovery and investigation of the assets and debts of both parties, whether separate or
marital, prior to entry into this agreement. The parties agree and acknowledge that they have
made full and fair disclosure of all of their assets and income, as well as debts, to the other party.
Both Husband and Wife acknowledge that they have had full and fair disclosure to both parties'
income and financial condition and of all assets and debts prior to the execution of this
Agreement.
6. Debts Of The Parties:
Husband and Wife each represent and warrant to each other that from and after the
date of their separation, he or she respectively has not or will not contract or incur any debt or
liability for which he and she respectively or his or her estate might be responsible, and shall
indemnify and save harmless Husband and Wife from any and all claims or demands made against
him or her, respectively, by reason of any such debts or obligations incurred by him or her after the
date of their separation, except as indicated in this Agreement.
Husband and Wife shall hold each other harmless from any liability and/or damage
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whatever that accrues to Husband/Wife as a result of failure of Husband/Wife respectively, to fulfill
the total obligation which he/she hereby agrees to assume.
Wife shall assume full responsibility for any credit card debt, which she may have
now and may incur prior to or after the parties divorce. Wife agrees to satisfy and remove
Husband's name from each of these credit card accounts within one year of executing this
Agreement. Wife agrees to hold Husband harmless from any liability as a result of her failure to
fulfill this obligation.
7. Spousal Support, Alimony, Alimony Pendente Lite, Counsel Fees and Costs:
Both parties agree to forever waive any right, title or interest for spousal support,
alimony pendente lite, alimony, counsel fees and costs.
8. Custody
The parties are the parents of three minor children, Ian Mitchell Lucas, born March
24, 1990, Garrett Clayton Lucas, Born September 18, 1994; and Bailey Nicole Lucas, Born July 3,
1997. The parties agree that it is in the children's best interests that they shall share legal custody
of the minor children. Mother agrees that Father shall have primary physical custody of the minor
children with Mother having liberal periods of visitation and partial custody as they mutually agree.
9. Real Estate:
The parties agree that they are joint owners of a parcel of real estate, which is
located at 1185 Boiling Springs Road, Mechanicsburg, Cumberland County, Pennsylvania. The
parties agree the marital residence is secured by a Mortgage held by First Horizon Home Loan
Corp. or its assigns, Loan Number 0053587838, with an approximate balance of $160,000. The
loan is the names of both Husband and Wife.
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The parties agree that Husband shall have exclusive possession and ownership of the
marital residence.
Husband agrees within two years from the date of execution of this Agreement, to refinance
the Mortgage Loan at his sole expense and fully satisfy the existing loan and remove Wife's name
from same. Husband agrees he is solely responsible for any and all past, present and future
mortgage payments, real estate taxes and other liabilities associated with the marital residence and
the real estate upon which it sits. Husband agrees to hold Wife harmless from any liability and/or
damage, which may accrue to her as a result of failure on the part of Husband to fulfill the
obligations of the mortgage and accompanying note.
10. Personal Property:
The parties declare that they have secured possession of all personal property
separately and individually owned by each party and further, that they have divided all jointly
owned personal property between themselves, except as may be agreed upon by the parties for
which Wife is given two years to remove these items from the marital residence, and that the right,
title and interest of each of the parties hereto in the items of jointly held personal property now
possessed by each party shall be hereafter deemed the separate and sole property of the possessor of
same.
11. Motor Vehicles:
Husband and Wife have already divided all motor vehicles owned by them on the
date of separation. Wife shall become the sole and exclusive owner of the vehicle titled in her name
and Husband shall become the sole and exclusive owner of the vehicle titled in his name. Each
party shall waive any right, title or interest he or she may have in the other's vehicle.
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12. Retirement Plans and Insurances:
Husband and Wife agree that each does hereby specifically waive, release, renounce
and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension
Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401(k) Plan, 403(b) Plan, Keogh Plan,
Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or other retirement plan or
plans of the other Party, acquired in the past or future by the other party, whether acquired through
said Party's employment or otherwise (hereinafter "Retirement Plans"), except as set forth within
this Agreement for purposes of equitable distribution. The parties agree, upon demand of the other
party or the other party's Retirement Plan Administrator, to execute any and all documents
necessary to effectuate this paragraph. Hereafter, the Retirement Plans shall become the sole and
separate property of the Party in whose name or through whose employment said plan or account is
held or carried. Wife is solely liable to Husband for any and all taxes and/or penalties for the
withdrawal of $15,555.71 from his Retirement Plan representing one-half the marital value of his
retirement plan.
Husband agrees to maintain a life insurance policy on his own life, unchanged, for a
period of ten years. Wife agrees to obtain a life insurance policy in the amount of $100,000.00 on
her own life for a period of ten years. Both parties agree that the children are to be the only listed
beneficiaries of the life insurance policies.
13. Health Insurance and Unreimbursed Medical Expenses:
Husband agrees to continue to provide health insurance for Wife until the parties'
divorce is final. Husband and Wife agree that each shall be responsible for his or her own
unreimbursed medical expenses. Husband and Wife shall hereby release and hold each other
6
harmless from any liability that may accrue to each other as a result of failure to pay for his or her
own unreimbursed medical expenses.
Husband agrees to continue to provide health insurance for the parties minor children and to
be responsible for any un-reimbursed medical expenses for the minor children.
14. Cash Payment:
Husband agrees to pay Wife a one-time lump equitable distribution payment in the
amount of $26,850.00, representing one-half the equity of the marital residence and one-half the
marital value of Husband's Retirement account, within sixty (60) days of execution of this
Agreement.
15. No-Fault, Uncontested, Consent Divorce:
The parties agree to execute the Affidavit of Consent and Waiver of Notice of
Intention to Seek Entry of Divorce Decree at the expiration of ninety (90) days from the date of
service of the Divorce Complaint. Husband will then file the Praecipe to Transmit the Record and
provide a certified copy of the Divorce Decree to Wife.
16. Mutual Cooperation:
Husband and Wife agree that each will forthwith (and within at least ten (10) days
after demand therefore) execute any and all writings, instruments, assignments, or releases,
satisfactions, deeds, mortgages or such other writings as may be desirable or necessary for the
proper effectuation of this Agreement.
17. Bankruptcy:
The parties further warrant that they have not heretofore instituted any proceedings
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pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them
which have been initiated by others. It is stipulated and agreed by the parties that the terms of this
Agreement as they resolve the economic issues between the parties incidental to their divorce and
the obligations of the parties to each other resulting therefrom shall not be dischargeable in
bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the
date of execution of this Agreement.
The payments called for in this Agreement are not intended to be a debt which is
affected by a discharge in bankruptcy and the terms of this Agreement are not subject to discharge
in bankruptcy because the parties acknowledge that such are necessary for the parties to meet their
financial obligations and to support and maintain their standard of living as well. The parties
acknowledge that there are not bankruptcy proceedings presently pending and they agree not to file
a bankruptcy action prior to the completion of their respective obligations pursuant to this
Agreement. Furthermore, any debt addressed in this Agreement shall not be dischargeable by or on
behalf of one of the parties hereto. Also, if either party files for bankruptcy, this Agreement shall
constitute conclusive evidence of the parties' intent that the obligations in the nature of maintenance
and support are not dischargeable under current bankruptcy law or under any amendment thereto.
Further, if either party institutes any action in bankruptcy or any other bankruptcy proceeding is
instituted in which a party's right to have payments made by the other becomes a matter for judicial
review, the parties agree to consent to any motion filed by the other with the bankruptcy courts,
wherein the party may request that the bankruptcy courts abstain from deciding the dischargeability
of said obligation and other obligations to said party thereunder in order to allow the appropriate
Court of Common Pleas to rule upon the issue.
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18. Reconciliation:
This Agreement will remain in full force and effect even if the parties reconcile,
cohabit as Husband and Wife or attempt to reconcile. There shall be no modification or waiver
of any of the terms hereof unless the parties in writing, signed by both parties execute a
statement declaring this Agreement or any term of this Agreement null and void.
19. Modification and Waiver:
A modification or waiver of any 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 of any subsequent default of the same or similar nature.
20. Advice of Counsel:
This Agreement contains the entire understanding of the parties who expressly
acknowledge that this Agreement has been entered into by his or her own volition, with full
knowledge of the facts and full information as to the legal rights and liabilities of each other, after
consultation with counsel of his or her own choosing, or being informed to retain counsel of his or
her own choosing, and each believes this Agreement to be reasonable under the circumstances,
being fully informed of all property owned by each other, and each hereby acknowledges that there
have been and are no representations, warranties, covenants or agreements other than those
expressly set forth herein. HUSBAND, FOSTER L. LUCAS, JR., IS REPRESENTED BY
MELANIE L. ERB, ESQUIRE. WIFE, DONNA MAE LUCAS, IS NOT REPRESENTED BY
COUNSEL, BUT HAS BEEN ADVISED THAT SHE HAS THE RIGHT TO OBTAIN
COUNSEL AND HAVE THIS DOCUMENT REVIEWED BY AN ATTORNEY.
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21. Negotiations By Parties:
Each party acknowledges that the terms of this Agreement were negotiated directly
by each other. Each party has instructed his or her attorney to refrain and each party has himself
and herself refrained from undertaking formal discovery proceedings, accounting procedures or
other investigative efforts authorized by law in order to obtain an early, amicable and expeditious
settlement of the dissolution of their marriage. Each party further agrees and acknowledges that his
or her attorney has not undertaken any independent investigation or engaged in formal or informal
discovery proceedings relating to the extent or value of assets described herein, but has relied solely
upon information supplied by the parties relating to those matters and upon the terms and conditions
negotiated by the parties, and any appraisals that might have been obtained by the parties.
22. Tax Advice:
Each party acknowledges that his or her counsel has not made any representations to
that party regarding the tax consequences or tax effect of any of the matters set forth herein, and has
instead advised him or her to seek the assistance of an accountant or tax attorney to provide advice
as to the tax consequences of this Agreement or any ramifications thereof, and that each party's
counsel has given no recommendation, advice, opinion or statement concerning the tax
consequences of this Agreement
23. Agreement Bindinu on Heirs:
The death of either party hereto shall not terminate the requirements of this
Agreement for any and all payments or settlements to be made hereunder. Any payments due
hereunder shall be made by the personal representative or executor of the deceased from his or her
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estate. This Agreement shall be binding upon the heirs, executors, administrators, legal
representatives and assigns of both parties hereto.
24. Mutual Release:
Husband and Wife each does hereby mutually release, remise, quit-claim and
forever discharge the other and the estate of the other, for all time to come, and for all purposes
whatsoever, of and from any and all rights, titles and interest, or claims in or against the property,
including income and gain from property hereafter accruing, of the other or against the estate of
each other, of whatever nature and wheresoever situate, which she or he now has, or at any time
hereafter may have against each other, the estate of the other or any part thereof, whether arising out
of any former acts, contracts, engagements or liabilities of the other or by way of dower or curtesy,
or claims in the nature of dower or curtesy or widow's rights or widower's rights, family exemption
or similar allowance, or under the Intestate Law, or the rights to take against the spouse's Will, or
the right to treat a lifetime conveyance by the other as testamentary, or all other rights of the
surviving spouse to participate in a deceased spouse's estate or any right which a wife or a husband
may have or at any time hereafter may have for past, present or future support or maintenance,
alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the
marital separation or otherwise, except, and only except, all rights and agreements and obligations
of whatsoever nature arising or which may arise under this Agreement or for the breach of any part
hereof. It is the intention of Husband and Wife to give each other by the execution of this
Agreement a full and complete general release with respect to any and all property of any kind or
nature, which the other now owns or may hereafter acquire, except, and only except, all rights and
agreements and obligations of whatever nature arising or which may arise under this Agreement or
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for the breach of any part of this Agreement, subject, however, to the implementations and
satisfaction of the conditions precedent as set forth herein above.
25. General Duty to Indemnify:
Each Party represents and warrants to the other that he or she has not incurred any
debt, obligation, or other liability, other than those described in this Agreement, on which the other
Party is or may be liable. Each Party covenants that if any claim, action or proceeding is initiated
seeking to hold the other Party liable for any debt, obligation, liability, act, or omission related to the
marriage of the Parties for which that Party is responsible under the terms of this Agreement, the
responsible Party will, at his or her sole expense, defend the other against the claim, action, or
proceeding. In addition, each Party covenants that he or she will indemnify and hold harmless the
other Party with respect to all Damages resulting from the proceeding. The term "Damages", as
used in this Agreement, shall include, without limitation, any loss, cost or other liability that results
from the prosecution of any claim, action, or proceeding, including reasonable attorneys' fees and
other expenses incurred in the prosecution of the claim, action, or proceeding or in an attempt to
avoid such litigation. To be includible, "Damages" must result from an inaccurate representation
made by or on behalf of either Party to the other in or pursuant to this Agreement, or from a breach
of any of the covenants, promises or obligations made by or incurred by either Party in or pursuant
to this Agreement. Each Party agrees to give the other prompt written notice of any litigation,
demand, claim, action or proceeding that is threatened or instituted against him or her and that might
constitute the basis of a claim for indemnity pursuant to the terms of this Paragraph.
26. Headings Not a Part of Agreement:
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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.
27. Void Clauses and 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.
28. Warranty:
Husband and Wife acknowledge that they have each read and understand this
Agreement, and each warrants and represents that it is fair and equitable to each of them.
29. Law of Pennsylvania Applicable:
This Agreement shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania.
30. Agreement Part of Divorce Decree:
Husband and Wife agree that this Agreement is to have all the force and effect of a
Court Order, and, upon Divorce, shall be included as part of the Divorce Decree for enforcement
purposes.
31. Survival Beyond Divorce Decree:
The parties hereby acknowledge that they have accepted the within Marital
Settlement Agreement as a final settlement for all purposes whatsoever between themselves as
contemplated by the Pennsylvania Divorce Code. Should a Decree, Judgment, or Order of
13
Separation of a Divorce be obtained by either of the parties in this or any other state, each of the
parties hereby consents and agrees that this Agreement and all its covenants shall not be affected in
any way by any such separation or divorce; and nothing in any such Decree, Judgment, or Order or
further modification or revision thereof, shall alter, amend or vary any term of this Agreement,
whether or not either or both of the parties shall remarry, it being understood by and between the
parties that this Agreement shall survive and shall not be merged into any Decree, Judgment, or
Order of Divorce or Separation. It is specifically agreed, however, that a copy of this Agreement or
the substance of the provisions thereof, shall be incorporated by reference into any Divorce,
Judgment or Decree for the purposes of enforceability only. This incorporation, however, shall not
be regarded as a merger, it being the specific intent of the parties to permit this Agreement to
survive any Judgment or Decree, and to be forever binding and conclusive upon the parties.
32. 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.
33. Effective Date:
This Agreement shall be immediately effective upon execution by the parties and is
not subject to any conditions precedent such as the parties' divorce.
34. Distribution Date:
The transfer of property, funds and/or documents provided for herein shall only take
place on the "distribution date" which shall be defined as the date of execution of this Agreement
14
unless otherwise specified herein.
35. Sanctions for Non-Compliance:
In the event that either party breaches any provision of this Agreement and the other
party retains counsel to assist in enforcing the terms hereof, the breaching party will pay all
attorney's fees, court costs and expenses (including interest and travel costs if applicable) which are
incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved
by litigation or by amicable resolution. It is the specific agreement and intent of the parties that a
breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and
attorneys' fees incurred by the nonbreaching party in protecting and enforcing his or her rights
under this Agreement.
IN WITNESS WHEREOF, the parties have signed this Agreement on the day and
year first above written.
WITNESS:
(SEAL)
FOSTER L. LUCAS, JR.
(SEAL)
L. E
Attorney for FOSTER L. LUCAS, JR.
(SEAL)
D MAE LUCAS
15
COMMONWEALTH OF PENNSYLVANIA:
. SS:
COUNTY OF DAUPHIN
Personally appeared before me, the undersigned officer, this l % day of
, 2006, FOSTER L. LUCAS, JR., known to me, or satisfactorily proven to be,
the person whose name is subscribed to the within instrument, and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
G-" 0"'(SEAL)
Notary Public
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
DEBRA L. LOGAN, Notary Public
Susquehanna Township, Dauphin County
My Commission Expires June 11, 2009
COMMONWEALTH OF PENNSYLVANIA:
: SS:
COUNTY OF &VflkM aY,4 :
Personally appeared before me, the undersigned officer, this day of
'2006, DONNA MAE LUCAS, known to me, or satisfactorily proven
to be, the person whose name is subscribed to the within instrument, and acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
Notary Public k,7 1
My Commission Expires:
Now sea- l
Andrea L Winpard, Notar Public
Lower ml T?• Cumberland County
My Commission Explras May 11 1soclation
Membsr, Pennaylvanta Aa of N,.,,.
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FOSTER L. LUCAS, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA
V. NO.: 2006-4524
DONNA MAE LUCAS CIVIL ACTION -LAW
Defendant IN DIVORCE
CERTIFICATE OF SERVICE
I, Melanie L Erb, attorney for Scaringi & Scaringi, P.C., do hereby certify that the Divorce
Complaint in the above-captioned action has been duly served upon Defendant, Donna Mae Lucas,
on August 11, 2006, by Certified Mail as evidenced by the attached receipt, addressed as follows:
Donna Mae Lucas
1185 Boiling Springs Road
Mechanicsburg, PA 17055
Date: ILI , 2006
squire
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(Domestic Mail Ot
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1] Restricted Delivery Fee
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Street, Apt. No.;
or PO Sox No. 1185
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ . print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Donna Mae Lucas
1185 Boiling Springs Road
Mechanicsburg PA 17055
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Postmark
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A. Si at re
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B. Received by (Printed Name) C. Date of Delivery
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D. Is delivery address different fro ' s
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If YES, enter delivery addre ow:
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3. Service
CertiNMail ? Express Mail
Regieceiptfor Merchandise
? Insur{llsirFi?! Yes
4.
2. Article Number 7004 2510 0007 6440 5258
(Transfer from service lab. ---
P5 Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
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FOSTER L. LUCAS, JR. : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. .
: DOCKET NO. 2006 - 4524
DONNA MAE LUCAS, : CIVIL ACTION -LAW
Defendant. : IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the court for entry of a
divorce decree:
1. Ground for divorce: irretrievable breakdown under §3301(c) or (d)(1) of the Divorce Code.
2. Date and manner of service of the Complaint: The Original Complaint in Divorce was
served upon Defendant by Certified Mail, 47004 2510 0007 6440 5258, Restricted Delivery,
Return Receipt Requested; and by Regular U.S. First Class Mail, Postage Pre-paid on August 9,
2006, and was received by Defendant on August 11, 2006 as evidenced by the attached
Affidavit and Exhibits.
3. Date of execution of Plaintiff's Affidavit as required by §3301(d) of the Divorce Code
a. Plaintiff: November 11, 2006
b. Defendant: November 17, 2006
4. Related claims pending: All claims have been settled by and through a Marital Settlement
Agreement dated September 19, 2006 and signed by Plaintiff on September 19, 2006 and
Defendant on September 15, 2006. Said Marital Settlement Agreement is attached herein;
incorporated by reference, but not merged into the divorce decree.
5. Date and Manner of Service of the Notice of Intention to file Praecipe to Transmit Record:
a. Plaintiff s waiver is attached within and shall be filed as part of the Praecipe
to Transmit Record.
b. Defendant's waiver is attached within and shall be filed as part of the
Praecipe to Transmit the Record.
Respectfully submitted,
Date:
el ie L. rb
Attorney I.D. 84445
Scaringi & Scaringi, P.C.
2000 Linglestown Road, Suite 103
Harrisburg, PA 17110
(717) 657-7770
ATTORNEY FOR PLAINTIFF
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
Foster L Lucas Jr.
Plaintiff
VERSUS
Donna Mae Lucas
Defendant
No. 2006
DECREE 1N
DIVORCE
4524
AND NOW, IT IS ORDERED AND
DECREED THAT
Foster L Lucas Jr.
PLAT NTI FF,
AND Donna Mae Lucas DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
None. A Marital Settlement Agreement dated September 19, 2006
is attached hereto and incorporated by reference, but merged into
the Divorce Decree.
. ? . BY THE COURT:
ATTES :- J.
PROTHONOTARY
?'o
FOSTER L. LUCAS, JR.,
Plaintiff
VS.
DONNA MAE LUCAS,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 2006-4524
CIVIL ACTION - LAW
IN DIVORCE
STIPULATION AND AGREEMENT TO MODIFY MARITAL
SETTLEMENT AGREEMENT
AND NOW, this day of June, 2007, comes the above named parties,
Foster L. Lucas, Jr., hereinafter referred to as Father and Donna Mae Lucas,
hereinafter referred to as Mother, and the parties hereto and intending to be legally
bound, do hereby agree as follows:
1. Mother and Father are the natural parents of three (3) children; namely: Ian
Mitchell Lucas, born March 24, 1990, Garrett Clayton Lucas, born
September 18, 1994, and Bailey Nicole Lucas, born July 3, 1997.
2. The parties hereto agree that they shall continue to share legal custody of
their minor children; Ian Mitchell Lucas, born March 24, 1990, Garrett
Clayton Lucas, born September 18, 1994, and Bailey Nicole Lucas, born
July 3, 1997.
1.
The parties hereby agree that they shall share legal custody of their minor
children. Both parents agree that they shall confer and consult with each
other concerning all major decisions involving their children, including but
not limited to educational, medical, religion, and psychological concerns.
Each party agrees not to impair the other party's rights to shared legal
custody of the children. Each party agrees not to attempt to alienate the
affections of the children from the other party. Each party shall notify the
other of any activity or circumstance concerning their children that could
reasonably be expected to be of concern to the other. Day to day decisions
shall be the responsibility of the parent then having physical custody. With
regard to any emergency decisions, which must be made, the parent having
physical custody of the child(ren) at the time of the emergency shall be
permitted to make any immediate decisions necessitated thereby. However,
that parent shall inform the other of the emergency and consult with him or
her as soon as possible. Each party shall be entitled to complete and full
information from any doctor, dentist, teacher, professional or authority and
to have copies of any reports given to either party as a parent.
Father shall enjoy primary physical custody of the children Ian
Mitchell Lucas, Garrett Clayton Lucas.
Mother shall enjoy primary physical custody of the minor child,
Bailey Nicole Lucas.
2.
3. The parties hereto agree that they shall enjoy partial custodial periods with
each parent in such a manner so that the children will be together every
other weekend commencing the weekend of Friday, June 22, 2007, all three
children shall enjoy the weekend with Father from Friday to Sunday and
continuing with the following weekend, at which time all three children
shall spend the weekend with Mother.
4. The parties hereto agree that there is no need to set forth specific hours and
that they shall both permit liberal visitation with the child or children in
their primary custody.
5. Mother and Father hereby agree that they shall alternate holidays in such a
manner so that if a Monday holiday shall occur, such as Memorial Day or
Labor Day, the parent enjoying the proceeding weekend shall also enjoy
that holiday. The same arrangement shall be made for any holidays which
occur on a Friday, with the exception that the parent enjoying the weekend
subsequent to the Friday holiday shall also enjoy the Friday holiday.
6. Mother's Day weekend shall be with Mother and Father's Day weekend
shall be with Father. The parties hereto agree that they shall work with each
other and switch the weekends so that the parent whose holiday ensure that
they have custody of the children.
3.
7. The parties hereto agree that Christmas shall be shared every year in two
segments. Segment "A" shall run from December 24th at 6:00 p.m. until
December 25th at 6:00 p.m. and Segment "B" shall run from December 25th
at 6:00 p.m. to December 26th at 6:00 p.m. Mother shall enjoy Segment
"A" of the Christmas holiday in all odd numbered years commencing 2007.
8. For the Thanksgiving holiday, the parties hereto agree that whichever parent
has the weekend following the holiday shall also have the Thanksgiving
holiday.
9. If the holiday of July 4th falls on a weekday, the parties hereto agree that
they shall mutually agree to alternate or share this holiday. The parties
hereto further agree that they shall work with each other to amicably reach
any decisions regarding any extended vacation time or any other periods of
partial custody between themselves.
10. The parties hereto acknowledge their desire that this Stipulation and
Agreement be made a Court Order and that it is their intent that this
Agreement be filed with the Court of Common Pleas of Cumberland
County.
4.
.>
11. The parties hereto acknowledge that they have voluntarily executed this
Stipulation and Agreement, and that they have had an opportunity to speak
with legal counsel prior executing' the same.
IN WITNESS WHEREOF, the patties hereto have signed their hands and
seals the day and year first above written;
WITNESS
WITNESS
(SEAL)
Fo ter L. Lucas, Jr.
5.
`F
(SEAL)
nna Ma Lucas
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'JUL 1120070
FOSTER L. LUCAS, JR., IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. DOCKET NO. 2006-4524
DONNA MAE LUCAS, CIVIL ACTION - LAW
Defendant IN DIVORCE
ORDER OF COURT
AND NOW, this day of , 2007, upon presentation and
consideration of the within Stipulation and Agreement, it is hereby Ordered that
said Stipulation and Agreement is approved and incorporated herein and made a
part hereof by reference.
Distribution:
Diane M. Dils, Esquire, 1400 N. Second Street, Harrisburg, PA 17102
(For Distribution To The Parties)) ( / -
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BY THE COURT:
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