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IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO TQ
DIVISION OF DOMESTIC RELATIONS
MERCEDES C. CULP LUCAS CASE NO. 10 DR 411
clo 105 E. Fourth Street, Suite 1300
Cincinnati, OH 45202
SSN: HON. DENISE L. CROSS
DOB: 06/07/1982
Plaintiff,
vs.
LEO C. LUCAS, tl DECREE OF DIVORCE
4325 St. Johns Avenue
Dayton, Ohio 45406
SSN:
DOB: 12/20/1979
Defendant.
This matter came before the Court on the 21% day of October, 2010 on the
Complaint for Divorce filed herein by Plaintiff (“Wife”). The Court finds that
Defendant (“Husband”) duly received service of summons and process as
required by law, that both parties appeared personally at the hearing and that
both parties were represented by counsel in open court. The Court further finds
Page 1
4)that it has full and complete jurisdiction over the parties and the claim for relief
that is asserted in this action.
The Court finds that Wife was a resident of the State of Ohio for at least
six (6) months and of Montgomery County for at least ninety (90) days
immediately before filing her Complaint for Divorce. The Court further finds that
the parties were married at New Lebanon, Ohio on April 13, 2006. The Court
finds that there is one child born the issue of the parties; namely, Leo C. Lucas,
Ill, born August 14, 2001, and that Wife is not now pregnant.
The Court further finds that the parties voluntarily entered into a
Separation Agreement on October 21, 2010 at Dayton, Ohio and that said
Separation Agreement (Joint Exhibit |) is attached hereto and incorporated herein
as if fully rewritten. The Court finds that said Separation Agreement provides for
the division of marital property and the support and maintenance of each of the
parties, and for the allocation of parental rights and responsibilities, and that the
parties understand the terms of their agreement, and know the vaiue and extent
of their properties, and that the agreement is fair to them and the allocation of
parental rights and responsibilities is in the best interests of the minor child.
The Court further finds that the terms of the Separation Agreement are fair
and equitable and should be approved.
The Court further finds that the parties are incompatible and that Husband
does not deny such incompatibility. As a result, the Court finds from the
evidence adduced that the parties are incompatible, and that by reason thereof,
Wife is entitled to a divorce as prayed for in her Complaint for Divorce.
Page 2IT 1S THEREFORE ORDERED, ADJUDGED, AND DECREED that the
Court finds that the parties are incompatible, and that Wife be, and hereby is
granted an absolute divorce from Husband and that the bonds of matrimony
heretofore existing between the parties be, and the same are hereby, severed
and held for naught and both parties are released from all obligations thereunder
and are hereby divorced.
IT IS FURTHER ORDERED that the aforementioned Separation
Agreement attached hereto, be, and the same hereby is incorporated into the
Court's order and made a part of the Decree of Divorce as if fully rewritten
herein.
IT lS FURTHER ORDERED that Wife is designated the residential parent
and legal custodian of the minor child, Leo C. Lucas, tI], and that Husband shall
have parenting time with Leo C. Lucas, Mt as set forth in the attached Separation
Agreement.
IT IS FURTHER ORDERED that neither party shall pay spousal support to
the other. The Court shall not retain continuing jurisdiction over this issue.
IT IS FURTHER ORDERED that effective October 1, 2010 Husband shall
pay Wife child support in the amount of four hundred and fifty dollars ($450.00)
per month per child, for 1 child, for a total amount of $450.00 per month, plus
processing fee.
Any and all arrearage or overage shall be preserved.
When health insurance IS being provided by a party in accordance with
this order for the child named above, the obligor shall pay child support for the
Page 3minor child in the amount of $450.00 per month, per child, for 1 child, plus $90.00
per month child support arrearage, plus the 2% SEA processing fee.
When private health insurance IS NOT being provided by a party in
accordance with this order for the child named above, the obligor shall pay child
support for the minor child in the amount of $361.00 per month, per child, for 1
child, $94.00 per month cash medical support, plus $90.00 per month child
support arrearage, plus the 2% SEA processing fee.
\f private health insurance coverage is being provided and becomes
unavailable or is terminated, the obligor SHALL BEGIN paying cash
medical support commencing the first day of the month immediately
following the month in which private health insurance coverage became
unavailable or is terminated, and SHALL CEASE paying cash medical
support on the last day of the month immediately preceding the month in
which private health insurance coverage begins or resumes. Cash medical
support shall be paid in addition to child support.
All child support and/or spousal support payments shall be made through
the Ohio Child Support Payment Central (OCSOC) P.O. Box 182394,
Columbus, OH 43218-2394. Obiigor shall make said payments by certified
check, or money order, plus the 2% service fee to the OCSPC, until such time as
said amounts are withheld by the Withholding Notice issued herewith.
All support under this order shall be withheld or deducted from the income
or assets of the obligor pursuant to a withholding or deduction notice or
appropriate order issued in accordance with Chapter 3119., 3121., 3123., and
3125. of the Revised Code or a withdrawal directive issued pursuant to Sections
3123.24 to 3123.28 of the Revised Code and shall be forwarded to the obligee in
accordance with Chapters 3119., 3121., 3123., of the Revised Code.
Page 4Obligor is restrained from making said payments directly to the obligee
and the obligee is enjoined from accepting direct payments from the obligor. Any
payments of support not made through the OCSPC may be deemed a gift.
Obligor and obligee shall notify the CSEA immediately, in writing, of their
current mailing address, current residential address, current residence telephone
number and current driver license number. This duty to notify the CSEA
immediately of any change in either addresses, phone numbers or driver license
numbers shall continue until further notice of the court.
The obligor shail notify the CSEA immediately, in writing, of any change in
employment status or employer. This duty to notify the CSEA immediately shall
continue until further notice of the court, and a failure to provide such notification
may make the obligor liable for retroactive support that would have been ordered.
The obligor and obligee shalt notify the CSEA immediately, in writing of
any change in the status of the minor children of the parties which would
terminate the duty of obligor to pay child support.
The obligor and obligee shalt notify the other party immediately, in writing,
of any change in status which would effect child support and/or spousal support.
Both parties shall take notice of the Obligee’s Rights and Remedies for
Enforcement of Support, attached hereto, available to the obligee in the event the
obligor fails to make payment of support as ordered herein.
EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD
SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER
CURRENT MAILING ADDRESS, CURRENT RESIDENCE ADDRESS,
CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER'S
Page 5LICENSE NUMBER, AND OF ANY CHANGES IN THAT INFORMATION. EACH
PARTY MUST NOTIFY THE AGENCY OF ALL CHANGES UNTIL FURTHER
NOTICE FROM THE COURT OR AGENCY, WHICHEVER ISSUED THE
SUPPORT ORDER. IF YOU ARE THE OBLIGOR UNDER A CHILD SUPPORT
ORDER AND YOU FAIL TO MAKE THE REQUIRED NOTIFICATIONS, YOU
MAY BE FINED UP TO $50 FOR A FIRST OFFENSE, $100 FOR A SECOND
OFFENSE, AND $500 FOR EACH SUBSEQUENT OFFENSE. IF YOU ARE AN
OBLIGOR OR OBLIGEE UNDER ANY SUPPORT ORDER ISSUED BY A
COURT AND YOU WILLFULLY FAIL TO GIVE THE REQUIRED NOTICES,
YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO
FINES UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS.
IF YOU ARE AN OBLIGOR AND YOU FAIL TO GIVE THE REQUIRED
NOTICES, YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING
ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST
YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL
LICENSE, DRIVER’S LICENSE, OR RECEREATIONAL LICENSE;
WITHHOLDING FROM YOUR INCOME; ACCESS RESTRICTION AND
DEDUCTION FROM YOUR ACCOUNTS IN FINANCIAL INSTITUTIONS; AND
ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN MONEY FROM YOU
TO SATISFY YOUR SUPPORT OBLIGATION.
IT IS FURTHER ORDERED that Wife shall provide medical insurance
coverage for Leo C. Lucas, Ill per the terms the parties’ Separation Agreement,
attached hereto, with the parties’ dividing the cost of any unreimbursed and/or
uninsured health, medical, hospital, optical, ophthalmological, including glasses
and/or contact lenses, prescription drug, psychological or psychiatric, dental and/or
orthodontic expenses incurred for/on behalf of the minor child, with Husband
Page 6paying eighty percent (80%) of all such costs and Wife paying twenty percent
(20%), including the cost of out of network providers and out of network medical
expenses.
IT IS FURTHER ORDERED that the parties shall divide any and all child-
related expenses incurred under Temporary Order (entered May 10, 2010) per the
terms of the parties’ Separation Agreement, attached hereto.
IT IS FURTHER ORDERED that each party shall pay his or her own
attorney fees. The parties shall equally divide all court costs, including initial
deposit.
IT IS FURTHER ORDERED that each party shall effectuate any and all
transfers and sign any documents necessary to effectuate the appropriate
transfers between them, satisfy the awards to the parties, and to carry out the
terms of this order and attached Separation Agreement. All documents shall be
executed promptly and in a timely fashion. Each party shall cooperate with the
other party in any reasonable request in order to carry out the terms of this order.
IT iS FURTHER ORDERED that neither party shall interfere with the other
party’s right to quiet enjoyment and peaceful living, nor shall either party molest,
harass, disturb, torment, interfere with or annoy the other in any manner, directly
or indirectly, at home, at place of employment, or anywhere.
SO ORDERED.
ON. DENISE L/CROSS
Have seen and approved:
Page 7Defendant
LCE uslf
MeycedesC. Culp Lucas |) Leo C-'Lucas,
Plahati
Anthonys VanNoy S.@ #0067052
Attorney for Plaintiff Attorney for Defendant
Phyllis G. Bossin Co., L.P.A. Wright & VanNoy, LPA, Inc.
105 E. 4" Street, Suite 1300 130 W. Second Street, Suite 1600
Cincinnati, OH 45202 Dayton, OH 45402
(513) 421-4420 (937) 222-7477
(513) 421-0691 (facsimile) (937) 222-7911 (facsimile)
seckner@bossinlaw.com avannoy@wrightandvannoy.com
NOTICE OF FINAL APPEALABLE ORDER
Copies of foregoing Decree of Divorce, which may be a final appealable order,
were mailed to counsel of record and/or the parties indicated below, on the date
indicated below by ordinary mail.
GREGORY A. BRUSH, Clerk of the Common Pleas Court
SHARON HARNESS, Deputy Date:
Page 8Joint Ex.
T_
—_
SEPARATION AGREEMENT
This Agreement, entered into on October Zit , 2010, at Montgomery County,
Ohio by and between Leo C. Lucas, Il, hereinafter referred to as “Husband,” and
Mercedes C. Culp Lucas, hereinafter referred to as “Wife,” pursuant to Ohio Revised
Code §§ 3103.05, 3103.06 and 3105.63.
WITNESSETH:
WHEREAS, the parties were married on April 13, 2006 at New Lebanon, Ohio
and there is one child born the issue of the parties, namely: Leo C. Lucas, SII, born
August 14, 2001. Wife is not now pregnant; and
WHEREAS, unfortunate differences have arisen between the parties rendering it
impracticable for them to live together, and said parties have separated and shall
continue to live separate and apart for life; and
WHEREAS, Husband and Wife desire to settle their differences and property
tights arising out of their marital relationship and intend by this Separation Agreement to
and they do hereby exchange sufficient consideration to provide for an equitable
distribution of all property belonging to them jointly and/or individually and also to settle
and determine all questions of spousal support, alimony, maintenance and support,
dower, curtesy, descent and distribution, payment of debts and taxes and all other
rights, claims, privileges and obligations arising, or which may arise, as a result of their
marriage, separation, dissolution or divorce; and
WHEREAS, each party acknowledges that they entered into this Separation
Agreement only after having been afforded a sufficient opportunity to meet with counsel
to receive independent legal advice concerning this document and the consequences ofeach provision contained in this Agreement. Each party further acknowledges that no
representations or agreements have been made, except as are written in this
Separation Agreement. Each party warrants, represents and acknowledges that prior to
the execution of this Separation Agreement each has read it in its entirety and that each
party understands the terms and conditions of this Separation Agreement and his and
her respective rights and obligations hereunder. The parties, after carefully considering
each of the terms and provisions of this document, acknowledge that each believes this
Agreement to be a fair, just, equitable and reasonable settlement and compromise of
the marital rights of the parties and that this Agreement is in the best interest of each
party; and
WHEREAS , the parties intend this Agreement to forever settle all financial rights,
obligations and claims arising out of the marital relationship as they pertain to a division
of property and spousal support, and the parties intend this Agreement to be the only
final division of marital assets and property and allocation of debts between them, and
each party acknowledges that this Agreement has been made to his and her full and
complete satisfaction; and
WHEREAS, Wife has been represented by Shannon F. Eckner and Phyllis G.
Bossin Co., L.P.A. and Husband has been represented by Anthony S. VanNoy.
NOW, THEREFORE, in consideration of the mutua! promises and undertakings
contained herein, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, each party does freely and voluntarily
agree to each and every term and provision set forth in this Separation Agreement.1. SEPARATION
The parties shall continue to live separate and apart for the rest of their natural
lives and shall not interfere with the other party’s right to quiet enjoyment and peaceful
living. Neither party shall molest, harass, disturb, torment, interfere with nor annoy the
other in any manner, directly or indirectly, at home, at place of employment, or
elsewhere, but each party agrees to conduct his and her respective relations with the
other in accordance with this Separation Agreement.
2. DISCLOSURE
Each party warrants, represents, and acknowledges that each has made a
complete disclosure of the nature, value and extent of all assets and liabilities to the
other and that neither party is the legal or beneficial owner of any marital asset,
property, right or interest not fully disclosed and set forth in this Separation Agreement.
3. PARENTAL RIGHTS AND RESPONSIBILITIES
a. Wife is designated the sole residential parent and legal custodian of
the parties’ minor child, Leo C. Lucas, III (hereinafter “Leo”), born August 14, 2001.
b. Husband shall have routine parenting time with Leo every Thursday
from 6:00 p.m. to 8:00 p.m. and on alternating weekends from Friday at 6:00 p.m. to
Sunday at 7:00 p.m. Father's first alternating weekend shall commence on Friday,
September 18, 2010. Father shall transport Leo to and from Mother's home at the
commencement and conclusion of his parenting time.
c. Wife shall have parenting time with Leo at all other times not
designated as Husband's parenting time herein.d. Each parent shall be permitted to exercise three (3) weeks of
extended/vacation parenting time per year with Leo, two (2) of which may be exercised
consecutively. The time shall be exercised in minimum increments of seven (7) days (one
week periods) so as to prevent either parent from selecting days here and there (i.e.
“cherry picking”), but in no event shall either parent exercise more than fourteen (14)
consecutive days of parenting time with Leo. Extended/vacation parenting time shall be
taken during Leo's breaks from school and must not be taken in such a manner so as to
interfere with the non-vacationing parent's holiday/special day parenting time without his
or her express consent.
The parents shall only be permitted to exercise extended parenting time during
Leo’s spring and fall breaks from school on alternating years, unless agreed to by the
other parent or unless the other parent does not take extended parenting time during the
break, the procedure for which is set forth below. Wife shall have the first right to take
extended parenting time during Leo's spring break during even-numbered years and
Husband shall have the first right to take extended parenting time during Leo's fall
break during even-numbered years. In odd-numbered years, Husband has the first right
to take extended parenting time during Leo's spring break and Wife has first right to
take extended parenting time during Leo’s fall break. The parent who has the first right
to take extended parenting time over a break shall notify the other parent in writing
whether or not he or she is taking extended parenting time over the break at least forty-
five (45) days in advance. The other not allocated the right of first refusal has the right
to take extended parenting time over the break if the parent who is allocated the right of
first refusal elects not to take extended parenting time over the break or if the parent
wnfails to provide 45 days written notice that he/she is taking extended parenting time over
the break, so long as the parent who is not allocated the right of first refusal provides
the other parent with at least thirty (30) days written notice that he/she intends to take
extended parenting time over the break, and complies with all other related notice
provisions herein.
e. Each parent shall notify the other parent in writing of the times
desired for extended periods no later than 30 days prior to the exercise of the extended
period. Where there is a conflict between parents as to vacation schedules, the
schedule of the parent who first gives written notice to the other parent shall prevail. In
the event of a conflict in the routineAveekly, holiday/special day or extended schedule, the
following is the order of priority: (1) holidays and special days as set forth above; (2)
extended/vacation periods; (3) routine parenting time (weekends and weekdays).
f, Two (2) weeks prior to exercising vacation parenting time, the
vacationing parent shall provide the other parent with an itinerary, flight and other travel
information and emergency contact numbers, including the address and telephone
number for each location where the child will be staying and a notice of whether or not
the parent will be accompanying the children on the vacation. In the event that the child
is removed from the jurisdiction overnight, even during routine parenting time, the
parent removing the child from the jurisdiction shall notify the other parent of the
intended removal of the child, prior to departure, and shall provide the other parent with
the address and telephone number of all locations where the child will be staying while
out of the jurisdiction and whether the parent will be accompanying the child and if not,
the name and contact information of the appropriate adult traveling with the child.g. Either parent may elect to have the child visit out-of-town relatives
(“out-of-town” being defined as a location outside of Montgomery County and its
contiguous counties) during the parent's extended parenting time, without the parent
accompanying the child, so long as the parent complies with the related notice provisions
herein.
h. Holiday and Special Day Parenting Time. As agreed upon between
the parents and if they are unable to agree, as set forth below:
Holiday
Even # Years
Odd # Years
Time Allocation
Martin Luther
King Day
Wife
Husband
Friday at 6:00 p.m.
until Monday at
8:00 p.m. (If no
school Friday,
Thursday at 6:00
p.m.)
President’s Day
Husband
Wife
Friday at 6:00 p.m.
until Monday at
8:00 p.m. (If no
school Friday,
Thursday at 6:00
p.m.)
Easter
Wife
Husband
Friday at 6:00 p.m.
until Monday at
8:00 a.m. returning
to school {If no
school Friday,
Thursday at 6:00
p.m.)
Memorial Day
Husband
Wife
Friday at 6:00 p.m.
until Monday at
8:00 p.m. (If no
school Friday,
Thursday at 6:00
p.m.)Fourth of July Wife Husband Friday at 6:00 p.m.
until Monday at
8:00 p.m. (If no
school Friday,
Thursday at 6:00
p.m.)
Labor Day Husband Wife Friday at 6:00 p.m.
until Monday at
8:00 p.m. (If no
school Friday,
Thursday at 6:00
p.m.)
Halloween Wife Husband Time released
(Beggar's Night - from school
Observed until 9:00 p.m.
Celebration for
Parent’s Location)
Thanksgiving Day | Wife Husband November 23% (or
the eve of school
break) at 6:00 p.m.
until November
28" at 6:00 p.m.
41* half of Winter | Husband Wife 6:00 p.m. the day
break & school recesses
accompanying until 6:00 p.m. on
holidays December 28"
2™ half of Winter | Wife Husband 6:00 p.m.
break & December 28"
accompanying until 8:00 p.m. on
holiday January 2" (or the
eve school
commences
whichever is later)
Mother’s Day Wife Wife Friday at 6:00 p.m.
until Monday at
8:00 p.m.
Father's Day Husband Husband Friday at 6:00 p.m.
until Monday at
8:00 p.m.
Child’s B-day Wife Husband Weekday: Time of
release from
school until 8:00
p.m.
Weekend: 9:00
a.m. until 8:00 p.m.i. Each parent shall be permitted reasonable telephone contact with
Leo, including during the other parent's holiday and vacation parenting time.
j. Neither parent will demean the other or make derogatory comments
about the other to Leo or within Leo’s range of hearing, or allow others to do so.
k. When either parent is unavailable to exercise his or her parenting
time overnight for any reason, the non-scheduled parent shall be afforded the first
opportunity to exercise parenting time with Leo over any other individual, including but not
limited to relatives, friends, significant others, step parents or childcare providers. In the
event that the non-scheduled parent elects to exercise the right of first refusal, that
parent is not expected to trade time with the scheduled parent. If the non-scheduled
parent does not elect to exercise the right of first refusal, it is the scheduled parent’s
obligation to arrange for childcare during his or her absence.
I Leo shall be provided appropriate sleeping accommodations by both
parents, which shall be defined as having a bed of his own and a room separate from any
adult and not shared with any sibling or step-sibling (or any other child or adult) of the
opposite sex.
m. Neither parent shall consume alcohol, use illegal drugs, use
prescription medications not prescribed to the parent, or smoke during his or her
parenting time. Neither parent shall allow the child to be exposed to second hand smoke.
Neither party shall drive under the influence of alcohol or any intoxicating or illegal
substance during his or her parenting time. Neither parent shall have overnight guests of
the same or opposite sex that would be deemed a romantic interest or cohabitate outside
of marriage during his or her parenting time.n. Both parents shall ensure that Leo takes all currently prescribed
medication during his and her parenting time and that Leo is following all other
recommendations issued by his physician(s) and psychologist(s), therapist(s) or other
treating mental health professionals (for example, dietary restrictions, behavior
modification plans and bedtimes). When Husband has overnight parenting time with Leo
or when Husband will otherwise have parenting time during a time when Leo will need to
take prescription medication, Wife shall provide Husband with sufficient doses of all such
medications at the time of parental exchange. Wife shall send all prescription medication
to Husband in the prescription medication bottle in which the medication was dispensed
from the pharmacy and Husband shall return the prescription medication bottles and any
remaining doses to Wife at the conclusion of his parenting time.
0. Husband shall ensure that during his parenting time, including during
his extended parenting time, Leo attends all activities and practices in which he is enrolled
and that he goes to all scheduled doctor/dentist/counseling appointments.
p. In the event of either party's death, both parties agree that it is
important for Leo to continue to maintain a relationship with his half-siblings and the
deceased parent's family. In such a circumstance, the surviving parent agrees to foster
Leo's relationship with the other parent's family and further agrees to encourage Leo to
maintain contact with them, including but not limited to visits, telephone and e-mail
contact.
q. Wife shall be permitted to relocate outside of the court's jurisdiction,
including outside of the State of Ohio, with the minor child. In this event, Wife shall follow
the Montgomery County Domestic Relations Court Standard Order of Parenting Time asit regards any modification of the parenting schedule that may become necessary as a
result of any impending relocation.
r The Montgomery County Domestic Relations Court Standard Order
of Parenting Time is attached hereto and incorporated herein as if fully rewritten. The
Standard Order of Parenting Time conflicts with several provisions of this Separation
Agreement. in those instances where the Standard Order of Parenting Time and the
terms of this Separation Agreement conflict (including, but not limited to the routine
parenting schedule), this Separation Agreement is controlling.
4. CHILD-RELATED EXPENSES INCURRED UNDER TEMPORARY ORDER
Wife shall provide Husband with documentation of any unreimbursed/uninsured
medical expenses incurred on behalf of Leo under the temporary order (through the date
that the parties’ Decree of Divorce is journalized) within two (2) weeks of the date of the
journalization of the Decree. The documentation shall be provided to Husband by certified
mail, return receipt requested, to his current address, which is 4325 St. Johns Avenue,
Dayton, Ohio 45406. Husband shall pay Wife his 50% share of any documented expenses
incurred on behalf of Leo within sixty (60) days of the date that the documentation of the
expenses is mailed to Husband.
5. CHILD SUPPORT oy
Effective October 1, 2010, Husband shall pay child support to se for Leo in the
Ft 50.%
amount of four hundred and tietio rath ats ($482:365) per month
eo
per child, for a total amount of $a8a55 per month plus processing fee. Any and all
arrearage or overage shall be preserved.
When health insurance IS being provided by a party in accordance with this
-10-
orlorder for the child named above, the obligor shall pay child support for the minor child
in the amount of sad per month, per child, for 1 child, plus $90.00 per month child
support arrearage, plus the 2% SEA processing fee. W
When private health insurance IS NOT being provided by a party in accordance
with this order for the child named above, the obligor shall pay child support for the
q3.6F
minor child in the amount of $406.94 per month, per child, for 1 child, $@@=%8 per month
cash medical support, plus $90.00 per month child support arrearage, plus the 2%
SEA processing fee. SS Ww
If private health insurance coverage is being provided and becomes
unavailable or is terminated, the obligor SHALL BEGIN paying cash medical
support commencing the first day of the month immediately following the month
in which private health insurance coverage became unavailable or is terminated,
and SHALL CEASE paying cash medical support on the last day of the month
immediately preceding the month in which private health insurance coverage
begins or resumes. Cash medical support shall be paid in addition to child
support. .
All support under this order shall be withheld or deducted from the income or
assets of the obligor pursuant to a withholding or deduction notice or appropriate order
issued in accordance with Chapter 3119., 3121., 3123., and 3125. of the Revised Code
or a withdrawal directive issued pursuant to Sections 3123.24 to 3123.28 of the Revised
Code and shall be forwarded to the obligee in accordance with Chapters 3119., 3121.,
3123., of the Revised Code.
Obligor is restrained from making said payments directly to the obligee and the
obligee is enjoined from accepting direct payments from the obligor. Any payments of
support not made through the OCSPC may be deemed a gift.
Obligor and obligee shall notify the CSEA immediately, in writing, of their current
mailing address, current residential address, current residence telephone number and
current driver license number. This duty to notify the CSEA immediately of any change
in either addresses, phone numbers or driver license numbers shall continue until
further notice of the court.
The obligor shall notify the CSEA immediately, in writing, of any change in
employment status or employer. This duty to notify the CSEA immediately shall
continue until further notice of the court, and a failure to provide such notification may
make the obligor liable for retroactive support that would have been ordered.
-1l1-The obligor and obligee shall notify the CSEA immediately, in writing of any
change in the status of the minor children of the parties which would terminate the duty
of obligor to pay child support.
The obligor and obligee shall notify the other party immediately, in writing, of any
change in status which would effect child support and/or spousal support.
Both parties shall take notice of the Obligee’s Rights and Remedies for
Enforcement of Support, attached hereto, available to the obligee in the event the
obligor fails to make payment of support as ordered herein.
EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD SUPPORT
ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT MAILING
ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE
TELEPHONE NUMBER, CURRENT DRIVER’S LICENSE NUMBER, AND OF ANY
CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY OF
ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT OR AGENCY,
WHICHEVER ISSUED THE SUPPORT ORDER. IF YOU ARE THE OBLIGOR UNDER
A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE REQUIRED
NOTIFICATIONS, YOU MAY BE FINED UP TO $50 FOR A FIRST OFFENSE, $100
FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT OFFENSE. IF
YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT ORDER ISSUED BY
A COURT AND YOU WILLFULLY FAIL TO GIVE THE REQUIRED NOTICES, YOU
MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES UP
TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS.
IF YOU ARE AN OBLIGOR AND YOU FAIL TO GIVE THE REQUIRED NOTICES,
YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING ENFORCEMENT ACTIONS
AGAINST YOU: IMPOSITION OF LIENS AGAINST YOUR PROPERTY; LOSS OF
YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, DRIVER’S LICENSE, OR
RECEREATIONAL LICENSE; WITHHOLDING FROM YOUR INCOME; ACCESS
RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN FINANCIAL
INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN
MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION.
6. MEDICAL INSURANCE AND EXPENSES
a. Wife is currently maintaining a comprehensive plan of medical
insurance for the child through a private insurance provider at a cost of $83.59 per month.
Medical insurance for the child is not available through Wife's employment. The medical
insurance coverage available through Husband’s employment is minimal. Wife agrees to
-12-continue to provide medical insurance coverage for the child so long as the same
continues to be available to her at or near current costs. Should a comprehensive plan of
medical insurance with benefits similar to or better than the plan that Wife currently
provides become available to Husband, then he shall immediately notify Wife and he
shall assume the responsibility of providing medical insurance for the minor child.
Husband has an obligation to provide health insurance and/or cash medical
support to Leo until such time as Leo is eighteen (18) years of age and pursuant to
O.R.C. §3103.03 no longer continuously attends, on a full time basis, any recognized and
accredited high school, or is otherwise emancipated, but not later than age nineteen
unless ordered by the Court or the parents so agree. A Qualified Medical Child Support
order will issue and is attached hereto. Wife shall be designated to receive
reimbursements from the insurance provider.
b. The parent providing insurance shall ensure that the other parent
has insurance cards for the child and that the other parent has access to all current health
insurance information relating to the child. i Ly
c. The parties shall asguuzy divide the cost of any unreimbursed and/or \)
uninsured health, medical, hospital, optical, opthamological, including glasses and/or we
contact lenses, prescription drug, psychological or Pan lasban dental "oat re 0 are
expenses incurred for/on behalf of the minor child, including the on of out of network Banna
providers and out of network medical expenses. 20%.
d. Each parent shall, promptly upon receipt thereof, submit the health
care/ medical provider's billing statement (or other proof of payment of
uninsured/unreimbursed medical and health expenses) to the other parent. Each party
-13-shall pay to the other parent his/her share of uninsured/unreimbursed medical/health
expenses of the child within sixty (60) days of receiving documentation of the expense
and proof of payment from the other parent. Reimbursement, as provided herein for all
bills paid by a parent, shall be paid or arrangement agreed upon, to the appropriate party
within sixty (60) days of his or her receipt of a copy of the bill/proof of payment.
7. TAX EXEMPTIONS
Beginning with tax year 2010 and every year thereafter, the parents shall
alternate the right to claim Leo as and for a tax exemption for Federal, State and loca!
income tax purposes to the extent allowed by law, with Father having the right in 2011
and all odd-numbered years thereafter and with Mother having the right in 2010 and all
even-numbered years thereafter. if either parent is completely phased out from taking
the exemption, or does not get any benefit from the use of the exemption due to a lack
of income, the exemption shall be offered to the other parent. Each parent shall sign,
execute and deliver to the other all documents requested by any taxing authority in
order for the other parent to claim the child in the year in which the parent is entitled.
Said documents shall be signed promptly upon request.
8. LIFE INSURANCE
a. Effective immediately, both parties shall maintain and keep in full
force and effect a policy of life insurance that will, upon his or her death, pay directly to
the other party a net amount of up to one hundred thousand dollars ($100,000.00). Wife
is to be named the exclusive beneficiary of the life insurance policy on Husband's life and
Husband is to be named the exclusive beneficiary of the life insurance policy on Wife's
life; however, these life insurance policies are being maintained for the benefit of the
- 14 -
wllparties’ child, Leo. Both parties shall maintain said life insurance policies until such time
as Leo has reached the age of 18 AND no longer continuously attends school, or until
Leo is otherwise legally emancipated. Each party is responsible for paying the premiums
on the life insurance policy on which he or she is named the exclusive beneficiary. The
party who is named the exclusive beneficiary shall also be named the sole owner of the
life insurance policy on the other party's life (for example, Wife shall be named the sole
owner and exclusive beneficiary of the policy on Husband's life, and Wife is solely
responsible for paying the premiums on this policy). This is to ensure that each party has
access to these funds in the event that the other party dies prior to Leo becoming
emancipated. The party who is the owner and exclusive beneficiary of each policy has the
right to elect to maintain less than $100,000.00 of life insurance if he or she so chooses,
since the exclusive beneficiary is also required to make the premium payments; however,
the amount cannot exceed $100,000.00 without the written consent of the party whose
life is insured. Additionally, the party whose life is insured has no say in the amount of
benefits elected to be maintained by the other party, except that the benefits shall not
exceed $100,000.00 without the insured’s written consent. Both parties shall cooperate
with each other and with the insurance company and both parties shall take any and all
necessary physical examinations, fill out any necessary documents and cooperate with
any reasonable requests so that such tife insurance policies may be obtained and
maintained as set forth herein. Each party shall provide the other party with
documentation from the life insurance company confirming his and her compliance
herewith. Each party shall provide the other party with such documentation from the life
insurance company on the date of executing this Separation Agreement and on an
- 15 -annual basis thereafter (on the anniversary date of the execution of this Separation
Agreement) until such time as the parties no longer have an obligation to maintain life
insurance as set forth herein. In the event that either party fails to provide such
information to the other party, then each party does hereby irrevocably empower the other
party (and each party shall take all steps necessary to give the other party such power) to
make inquiry of any insurance company issuing life insurance policies on the life of the
other party as to the status of any such policy under which the other party is the
beneficiary pursuant to the provisions hereof, the payment of premiums due thereon, and
the like. {n the event that either party fails to comply with the provisions herein, a result of
which a net amount of $100,000.00 in life insurance proceeds are not paid directly to the
other party upon the death of the party out of compliance herewith, then the entire unpaid
balance of the life insurance proceeds, up to a net amount of $100,000.00, shall be a
charge against the estate of the party out of compliance with the provisions herein, in
favor of the other party.
9. SPOUSAL SUPPORT
Neither party shall pay spousal support to the other. The Court shall not retain
continuing jurisdiction over this issue.
10. DIVISION OF PROPERTY
All property, real and personal, wheresoever situated, which the parties own
individually or jointly or in common with each other, or in which either has any interest or
control shall be divided as follows:
-16-A. Real Estate.
1. Neither party has an interest in residential real estate.
2. The parties are members of the Holiday Inn Club Exchange
Program, contract number 6079321, and have signed a contract to purchase a time share
unit with Orange Lake County Club, inc., contract number 6040289. The parties signed a
contract to purchase Week 15 (Friday to Friday) of Condominium Unit no. 087555, located
at 8505 West Irio Bronson Memorial Highway, Kissimmee, Florida 34747. This timeshare
property is not yet titled in the parties’ joint names, as they have not officially closed on the
sale of the property. A copy of the purchase contract is attached hereto and incorporated
herein as “Exhibit A.” There is a mortgage against this property in the approximate amount
of $18,000.00. Wife shall receive this property and the vacation club membership for any
all purposes whatsoever, free and clear of any claim on the part of Husband. Within seven
(7) days of executing this Separation Agreement, Husband shall give Wife a duly executed
quit claim deed for all his right, title and interest in this property and Husband shall also
execute any and all other additional documentation and transfer instruments required by
the Orange Lake Country Club, Inc., the County of Osceola, the State of Florida and any
other entity/individual in order to transfer this property and vacation club membership to
Wife's individual name. In the event that Husband fails to transfer his interest in said
property to Wife, the Osceola County Recorder's office and any other official is hereby
instructed to accept this Separation Agreement, which shall be incorporated into a Decree
of Dissolution or Decree of Divorce, as the transfer document. Wife shall refinance the
mortgage on the property within one-hundred and eighty (180) days of executing this
Separation Agreement so as to remove Husband’s name from the mortgage and
-17-promissory note. Wife shall be solely responsible for, and indemnify and hold Husband
harmless on the mortgage on the property, the membership dues for the vacation club, the
maintenance fee for the property as well as any and all other expenses and debts
associated with the property or the vacation club membership. Husband shall also return
the membership packet to Wife within seven (7) days of the execution of this Separation
Agreement.
B. Personal Property
With the exception of the item listed below, the parties have
divided, to their mutual satisfaction, all of their household goods, furniture and personal
property and each party shall retain all of the household goods, furniture and personal
property in his and her possession and clear of any claim on the part of the other party.
Within seven (7) days of the execution of this Separation Agreement,
Husband shall return to Wife in good, working condition the set of keys to Wife’s Chevy
Tahoe, which contains other keys. Wife shall return any of Husband's high school
pictures or tools that Wife has in her possession or control. Wife will inspect her
residence but Wife does not believe that she has of any of Husband’s tools or high
school pictures.
Cc. Motor Vehicles
41. Wife shall receive the 2004 Chevrolet Tahoe, which is titled
solely in her name, free and clear of any claim on the part of Husband. There is a lien
against this vehicle in Wife's name in the approximate amount of $8,000.00 held by
Chase Auto Finance. Wife shall pay, be solely responsible for, indemnify and hold
Husband harmless for any loan and/or lien against this vehicle, and any and all
we”expenses, liabilities and/or debts associated with this vehicle. The parties agree that
there is no marital equity in this vehicle to divide between the parties.
2. Husband shall receive the 1994 Dodge Intrepid, which is
titled solely in Wife’s name, free and clear of any claim on the part of Wife. There is no
lien against this vehicle. Husband shall pay, be solely responsible for, indemnify and
hold Wife harmless for any and all expenses, liabilities and/or debts associated with this
vehicle. The parties agree that there is no marital equity in this vehicle to divide
between the parties. This vehicle is not in running condition and is currently being
stored at Husband’s residence. Wife shall take any and all steps necessary to transfer
possession of the vehicle and title to Husband within thirty (30) days of the execution of
this Separation Agreement.
D. Funds on Deposit
1. All joint deposit accounts have been closed and divided to the
satisfaction of the parties. lf Husband’s Wright-Patt checking account, which Wife believes
was joint, remains open, then Husband shall close the account immediately. Husband shall
be solely responsible for paying any charges or monies owed on this account and Husband
shall indemnify and hold Wife harmless on the same.
2. Both parties shall have and retain as his and her sole and
exclusive property, any and all of the funds held in any and all bank/deposit accounts in his
and her individual names, free and clear from any claim on the part of the other party.
E. Investment Accounts
1. Wife shall receive the BB&T investment account ending in
no. ******0637 free and clear from any claim of Husband.
- 19 -2. Wife shall retain, free and clear from any claim on the part of
Husband, the 529 Plans established for the benefit of the parties’ minor child, Leo III, as
well as the plan established for the benefit of Wife’s son, Jaydon. Husband shall retain,
free and clear from any claim on the part of Wife, the 529 Plan established for the
benefit of his daughter, I’Bria. Wife is currently the custodian on I’Bria’s account. Wife
shall execute any documents reasonably necessary to effectuate transfer of this
account to Husband. Husband shall supply the documents to Wife for execution within
seven (7) days of the execution of this Separation Agreement.
F. Life Insurance
Each party shall retain any policy of life insurance in which he or she has an
interest free and clear of any claim on the part of the other, except that each party shall
maintain life insurance in the amount of $100,000.00 for the benefit of the other party for
the support of the parties’ son, Leo, as set forth above.
G. Retirement Benefits
1. Wife shall retain any and all retirement plans/accounts in her
individual name, free and clear from any claim on the part of Husband, including but not
limited to Wife’s Phyllis G. Bossin Co. L.P.A. Pension/Profit Sharing Plan.
2. Husband shall retain any and all retirement plans/accounts
in his individual! name, free and clear from any claim on the part of Wife.
3. There shall be no offset or payment to either party for the
value of the retirement benefits/accounts held in the other party’s name. Each party
shall retain any and all retirement benefits/accounts in his and her name without any
claim whatsoever on the part of the other party.
- 20 -
V6. INCOME TAX RETURNS
The parties shall file separate tax returns for tax year 2010 and every year
thereafter and each party shall be entitled to retain any refund that he or she receives
and each party shall be solely responsible for any and all tax liability associated with
any income received by him or her and shall indemnify and hold the other party
harmless on the same.
The parties previously filed joint tax returns. In the event of an audit or
assessment for a year in which the parties filed joint tax returns, the parties shall fully
cooperate with each other in signing all necessary forms in order to effectuate protests
or appeals. In the event that there is an assessment of outstanding taxes due or a
refund/overpayment due to the parties on a jointly filed tax return, the parties will each
be responsible for 50% of the liability owed and each party would be entitled to 50% of
any refund. The parties hereto agree that each will immediately forward to the other, a
copy of any deficiency notice or other correspondence received by either of them from
the Internal Revenue Service, State or Local taxing authority concerning any tax year
for which a joint return has been filed. Each party shall execute any and all documents
that may require his or her signature for the purpose of effecting all of the terms and
conditions of these taxation provisions so as to give full force and effect to this Section
and related Sections herein.
7. LIABILITIES
A. Save and except for the debts referred to herein, each party
warrants to the other that no other debts have been incurred by one party on the credit
of the other, and neither party will henceforth incur any obligation or indebtedness upon
- 21 -the credit of the other. Each party warrants that they have made full disclosure of all
debts and/or liabilities incurred upon the obligation of the other, and that the obligations
of indebtedness undertaken by each party herein, are based upon such
representations.
B. The marital and/or joint debts of the parties include the following:
1. The uninsured/unreimbursed medical expenses incurred for
the parties’ minor child under the temporary order, which have been identified above
and shall be allocated to the parties as set forth above;
2. An unsecured loan with Equitable Acceptance in the parties’
joint names with an approximate balance of $1,300.00, which was for cookware. Wife
shall pay, assume and indemnify and hold Husband harmless on this debt and she
shall retain the cookware, free and clear from any claim on the part of Husband;
3. The mortgage on the parties’ timeshare, identified above,
which shall be allocated as set forth above;
4. Unreimbursed/uninsured medical expenses incurred by Wife
during the marriage that are still unpaid as of the date that this Separation Agreement is
signed include, but are not limited to the following debts/obligations:
a. South Town Family Practice - May 2009 - $30.00
b. CompuNet Laboratories — February 2010 - $452.67
c. Premier Integrated Medical - December 2007 - $69.00
d. Your Premier OB/GYN — March 2009 - $58.68
- 22 -Husband has been provided documentation of these expenses. Husband
shall pay Wife his share of these expenses, which totals $305.18, within ninety (90)
days of the execution of this Separation Agreement.
Cc. In addition to the debt specifically identified above, Husband agrees to
pay, assume, indemnify and hold Wife harmless for any and all debt in his individual
name that is not specifically addressed in this document, including but not limited to
credit card debt, installment debt, secured debt, unsecured debt and personal loans.
Husband also agrees to pay, assume, indemnify and hol
Preview
Redacted by Clark of Cou it Honsbece sf 00. G0 IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO TQ DIVISION OF DOMESTIC RELATIONS MERCEDES C. CULP LUCAS CASE NO. 10 DR 411 clo 105 E. Fourth Street, Suite 1300 Cincinnati, OH 45202 SSN: HON. DENISE L. CROSS DOB: 06/07/1982 Plaintiff, vs. LEO C. LUCAS, tl DECREE OF DIVORCE 4325 St. Johns Avenue Dayton, Ohio 45406 SSN: DOB: 12/20/1979 Defendant. This matter came before the Court on the 21% day of October, 2010 on the Complaint for Divorce filed herein by Plaintiff (“Wife”). The Court finds that Defendant (“Husband”) duly received service of summons and process as required by law, that both parties appeared personally at the hearing and that both parties were represented by counsel in open court. The Court further finds Page 1 4)that it has full and complete jurisdiction over the parties and the claim for relief that is asserted in this action. The Court finds that Wife was a resident of the State of Ohio for at least six (6) months and of Montgomery County for at least ninety (90) days immediately before filing her Complaint for Divorce. The Court further finds that the parties were married at New Lebanon, Ohio on April 13, 2006. The Court finds that there is one child born the issue of the parties; namely, Leo C. Lucas, Ill, born August 14, 2001, and that Wife is not now pregnant. The Court further finds that the parties voluntarily entered into a Separation Agreement on October 21, 2010 at Dayton, Ohio and that said Separation Agreement (Joint Exhibit |) is attached hereto and incorporated herein as if fully rewritten. The Court finds that said Separation Agreement provides for the division of marital property and the support and maintenance of each of the parties, and for the allocation of parental rights and responsibilities, and that the parties understand the terms of their agreement, and know the vaiue and extent of their properties, and that the agreement is fair to them and the allocation of parental rights and responsibilities is in the best interests of the minor child. The Court further finds that the terms of the Separation Agreement are fair and equitable and should be approved. The Court further finds that the parties are incompatible and that Husband does not deny such incompatibility. As a result, the Court finds from the evidence adduced that the parties are incompatible, and that by reason thereof, Wife is entitled to a divorce as prayed for in her Complaint for Divorce. Page 2IT 1S THEREFORE ORDERED, ADJUDGED, AND DECREED that the Court finds that the parties are incompatible, and that Wife be, and hereby is granted an absolute divorce from Husband and that the bonds of matrimony heretofore existing between the parties be, and the same are hereby, severed and held for naught and both parties are released from all obligations thereunder and are hereby divorced. IT IS FURTHER ORDERED that the aforementioned Separation Agreement attached hereto, be, and the same hereby is incorporated into the Court's order and made a part of the Decree of Divorce as if fully rewritten herein. IT lS FURTHER ORDERED that Wife is designated the residential parent and legal custodian of the minor child, Leo C. Lucas, tI], and that Husband shall have parenting time with Leo C. Lucas, Mt as set forth in the attached Separation Agreement. IT IS FURTHER ORDERED that neither party shall pay spousal support to the other. The Court shall not retain continuing jurisdiction over this issue. IT IS FURTHER ORDERED that effective October 1, 2010 Husband shall pay Wife child support in the amount of four hundred and fifty dollars ($450.00) per month per child, for 1 child, for a total amount of $450.00 per month, plus processing fee. Any and all arrearage or overage shall be preserved. When health insurance IS being provided by a party in accordance with this order for the child named above, the obligor shall pay child support for the Page 3minor child in the amount of $450.00 per month, per child, for 1 child, plus $90.00 per month child support arrearage, plus the 2% SEA processing fee. When private health insurance IS NOT being provided by a party in accordance with this order for the child named above, the obligor shall pay child support for the minor child in the amount of $361.00 per month, per child, for 1 child, $94.00 per month cash medical support, plus $90.00 per month child support arrearage, plus the 2% SEA processing fee. \f private health insurance coverage is being provided and becomes unavailable or is terminated, the obligor SHALL BEGIN paying cash medical support commencing the first day of the month immediately following the month in which private health insurance coverage became unavailable or is terminated, and SHALL CEASE paying cash medical support on the last day of the month immediately preceding the month in which private health insurance coverage begins or resumes. Cash medical support shall be paid in addition to child support. All child support and/or spousal support payments shall be made through the Ohio Child Support Payment Central (OCSOC) P.O. Box 182394, Columbus, OH 43218-2394. Obiigor shall make said payments by certified check, or money order, plus the 2% service fee to the OCSPC, until such time as said amounts are withheld by the Withholding Notice issued herewith. All support under this order shall be withheld or deducted from the income or assets of the obligor pursuant to a withholding or deduction notice or appropriate order issued in accordance with Chapter 3119., 3121., 3123., and 3125. of the Revised Code or a withdrawal directive issued pursuant to Sections 3123.24 to 3123.28 of the Revised Code and shall be forwarded to the obligee in accordance with Chapters 3119., 3121., 3123., of the Revised Code. Page 4Obligor is restrained from making said payments directly to the obligee and the obligee is enjoined from accepting direct payments from the obligor. Any payments of support not made through the OCSPC may be deemed a gift. Obligor and obligee shall notify the CSEA immediately, in writing, of their current mailing address, current residential address, current residence telephone number and current driver license number. This duty to notify the CSEA immediately of any change in either addresses, phone numbers or driver license numbers shall continue until further notice of the court. The obligor shail notify the CSEA immediately, in writing, of any change in employment status or employer. This duty to notify the CSEA immediately shall continue until further notice of the court, and a failure to provide such notification may make the obligor liable for retroactive support that would have been ordered. The obligor and obligee shalt notify the CSEA immediately, in writing of any change in the status of the minor children of the parties which would terminate the duty of obligor to pay child support. The obligor and obligee shalt notify the other party immediately, in writing, of any change in status which would effect child support and/or spousal support. Both parties shall take notice of the Obligee’s Rights and Remedies for Enforcement of Support, attached hereto, available to the obligee in the event the obligor fails to make payment of support as ordered herein. EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER'S Page 5LICENSE NUMBER, AND OF ANY CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT OR AGENCY, WHICHEVER ISSUED THE SUPPORT ORDER. IF YOU ARE THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE REQUIRED NOTIFICATIONS, YOU MAY BE FINED UP TO $50 FOR A FIRST OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT ORDER ISSUED BY A COURT AND YOU WILLFULLY FAIL TO GIVE THE REQUIRED NOTICES, YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS. IF YOU ARE AN OBLIGOR AND YOU FAIL TO GIVE THE REQUIRED NOTICES, YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, DRIVER’S LICENSE, OR RECEREATIONAL LICENSE; WITHHOLDING FROM YOUR INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION. IT IS FURTHER ORDERED that Wife shall provide medical insurance coverage for Leo C. Lucas, Ill per the terms the parties’ Separation Agreement, attached hereto, with the parties’ dividing the cost of any unreimbursed and/or uninsured health, medical, hospital, optical, ophthalmological, including glasses and/or contact lenses, prescription drug, psychological or psychiatric, dental and/or orthodontic expenses incurred for/on behalf of the minor child, with Husband Page 6paying eighty percent (80%) of all such costs and Wife paying twenty percent (20%), including the cost of out of network providers and out of network medical expenses. IT IS FURTHER ORDERED that the parties shall divide any and all child- related expenses incurred under Temporary Order (entered May 10, 2010) per the terms of the parties’ Separation Agreement, attached hereto. IT IS FURTHER ORDERED that each party shall pay his or her own attorney fees. The parties shall equally divide all court costs, including initial deposit. IT IS FURTHER ORDERED that each party shall effectuate any and all transfers and sign any documents necessary to effectuate the appropriate transfers between them, satisfy the awards to the parties, and to carry out the terms of this order and attached Separation Agreement. All documents shall be executed promptly and in a timely fashion. Each party shall cooperate with the other party in any reasonable request in order to carry out the terms of this order. IT iS FURTHER ORDERED that neither party shall interfere with the other party’s right to quiet enjoyment and peaceful living, nor shall either party molest, harass, disturb, torment, interfere with or annoy the other in any manner, directly or indirectly, at home, at place of employment, or anywhere. SO ORDERED. ON. DENISE L/CROSS Have seen and approved: Page 7Defendant LCE uslf MeycedesC. Culp Lucas |) Leo C-'Lucas, Plahati Anthonys VanNoy S.@ #0067052 Attorney for Plaintiff Attorney for Defendant Phyllis G. Bossin Co., L.P.A. Wright & VanNoy, LPA, Inc. 105 E. 4" Street, Suite 1300 130 W. Second Street, Suite 1600 Cincinnati, OH 45202 Dayton, OH 45402 (513) 421-4420 (937) 222-7477 (513) 421-0691 (facsimile) (937) 222-7911 (facsimile) seckner@bossinlaw.com avannoy@wrightandvannoy.com NOTICE OF FINAL APPEALABLE ORDER Copies of foregoing Decree of Divorce, which may be a final appealable order, were mailed to counsel of record and/or the parties indicated below, on the date indicated below by ordinary mail. GREGORY A. BRUSH, Clerk of the Common Pleas Court SHARON HARNESS, Deputy Date: Page 8Joint Ex. T_ —_ SEPARATION AGREEMENT This Agreement, entered into on October Zit , 2010, at Montgomery County, Ohio by and between Leo C. Lucas, Il, hereinafter referred to as “Husband,” and Mercedes C. Culp Lucas, hereinafter referred to as “Wife,” pursuant to Ohio Revised Code §§ 3103.05, 3103.06 and 3105.63. WITNESSETH: WHEREAS, the parties were married on April 13, 2006 at New Lebanon, Ohio and there is one child born the issue of the parties, namely: Leo C. Lucas, SII, born August 14, 2001. Wife is not now pregnant; and WHEREAS, unfortunate differences have arisen between the parties rendering it impracticable for them to live together, and said parties have separated and shall continue to live separate and apart for life; and WHEREAS, Husband and Wife desire to settle their differences and property tights arising out of their marital relationship and intend by this Separation Agreement to and they do hereby exchange sufficient consideration to provide for an equitable distribution of all property belonging to them jointly and/or individually and also to settle and determine all questions of spousal support, alimony, maintenance and support, dower, curtesy, descent and distribution, payment of debts and taxes and all other rights, claims, privileges and obligations arising, or which may arise, as a result of their marriage, separation, dissolution or divorce; and WHEREAS, each party acknowledges that they entered into this Separation Agreement only after having been afforded a sufficient opportunity to meet with counsel to receive independent legal advice concerning this document and the consequences ofeach provision contained in this Agreement. Each party further acknowledges that no representations or agreements have been made, except as are written in this Separation Agreement. Each party warrants, represents and acknowledges that prior to the execution of this Separation Agreement each has read it in its entirety and that each party understands the terms and conditions of this Separation Agreement and his and her respective rights and obligations hereunder. The parties, after carefully considering each of the terms and provisions of this document, acknowledge that each believes this Agreement to be a fair, just, equitable and reasonable settlement and compromise of the marital rights of the parties and that this Agreement is in the best interest of each party; and WHEREAS , the parties intend this Agreement to forever settle all financial rights, obligations and claims arising out of the marital relationship as they pertain to a division of property and spousal support, and the parties intend this Agreement to be the only final division of marital assets and property and allocation of debts between them, and each party acknowledges that this Agreement has been made to his and her full and complete satisfaction; and WHEREAS, Wife has been represented by Shannon F. Eckner and Phyllis G. Bossin Co., L.P.A. and Husband has been represented by Anthony S. VanNoy. NOW, THEREFORE, in consideration of the mutua! promises and undertakings contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each party does freely and voluntarily agree to each and every term and provision set forth in this Separation Agreement.1. SEPARATION The parties shall continue to live separate and apart for the rest of their natural lives and shall not interfere with the other party’s right to quiet enjoyment and peaceful living. Neither party shall molest, harass, disturb, torment, interfere with nor annoy the other in any manner, directly or indirectly, at home, at place of employment, or elsewhere, but each party agrees to conduct his and her respective relations with the other in accordance with this Separation Agreement. 2. DISCLOSURE Each party warrants, represents, and acknowledges that each has made a complete disclosure of the nature, value and extent of all assets and liabilities to the other and that neither party is the legal or beneficial owner of any marital asset, property, right or interest not fully disclosed and set forth in this Separation Agreement. 3. PARENTAL RIGHTS AND RESPONSIBILITIES a. Wife is designated the sole residential parent and legal custodian of the parties’ minor child, Leo C. Lucas, III (hereinafter “Leo”), born August 14, 2001. b. Husband shall have routine parenting time with Leo every Thursday from 6:00 p.m. to 8:00 p.m. and on alternating weekends from Friday at 6:00 p.m. to Sunday at 7:00 p.m. Father's first alternating weekend shall commence on Friday, September 18, 2010. Father shall transport Leo to and from Mother's home at the commencement and conclusion of his parenting time. c. Wife shall have parenting time with Leo at all other times not designated as Husband's parenting time herein.d. Each parent shall be permitted to exercise three (3) weeks of extended/vacation parenting time per year with Leo, two (2) of which may be exercised consecutively. The time shall be exercised in minimum increments of seven (7) days (one week periods) so as to prevent either parent from selecting days here and there (i.e. “cherry picking”), but in no event shall either parent exercise more than fourteen (14) consecutive days of parenting time with Leo. Extended/vacation parenting time shall be taken during Leo's breaks from school and must not be taken in such a manner so as to interfere with the non-vacationing parent's holiday/special day parenting time without his or her express consent. The parents shall only be permitted to exercise extended parenting time during Leo’s spring and fall breaks from school on alternating years, unless agreed to by the other parent or unless the other parent does not take extended parenting time during the break, the procedure for which is set forth below. Wife shall have the first right to take extended parenting time during Leo's spring break during even-numbered years and Husband shall have the first right to take extended parenting time during Leo's fall break during even-numbered years. In odd-numbered years, Husband has the first right to take extended parenting time during Leo's spring break and Wife has first right to take extended parenting time during Leo’s fall break. The parent who has the first right to take extended parenting time over a break shall notify the other parent in writing whether or not he or she is taking extended parenting time over the break at least forty- five (45) days in advance. The other not allocated the right of first refusal has the right to take extended parenting time over the break if the parent who is allocated the right of first refusal elects not to take extended parenting time over the break or if the parent wnfails to provide 45 days written notice that he/she is taking extended parenting time over the break, so long as the parent who is not allocated the right of first refusal provides the other parent with at least thirty (30) days written notice that he/she intends to take extended parenting time over the break, and complies with all other related notice provisions herein. e. Each parent shall notify the other parent in writing of the times desired for extended periods no later than 30 days prior to the exercise of the extended period. Where there is a conflict between parents as to vacation schedules, the schedule of the parent who first gives written notice to the other parent shall prevail. In the event of a conflict in the routineAveekly, holiday/special day or extended schedule, the following is the order of priority: (1) holidays and special days as set forth above; (2) extended/vacation periods; (3) routine parenting time (weekends and weekdays). f, Two (2) weeks prior to exercising vacation parenting time, the vacationing parent shall provide the other parent with an itinerary, flight and other travel information and emergency contact numbers, including the address and telephone number for each location where the child will be staying and a notice of whether or not the parent will be accompanying the children on the vacation. In the event that the child is removed from the jurisdiction overnight, even during routine parenting time, the parent removing the child from the jurisdiction shall notify the other parent of the intended removal of the child, prior to departure, and shall provide the other parent with the address and telephone number of all locations where the child will be staying while out of the jurisdiction and whether the parent will be accompanying the child and if not, the name and contact information of the appropriate adult traveling with the child.g. Either parent may elect to have the child visit out-of-town relatives (“out-of-town” being defined as a location outside of Montgomery County and its contiguous counties) during the parent's extended parenting time, without the parent accompanying the child, so long as the parent complies with the related notice provisions herein. h. Holiday and Special Day Parenting Time. As agreed upon between the parents and if they are unable to agree, as set forth below: Holiday Even # Years Odd # Years Time Allocation Martin Luther King Day Wife Husband Friday at 6:00 p.m. until Monday at 8:00 p.m. (If no school Friday, Thursday at 6:00 p.m.) President’s Day Husband Wife Friday at 6:00 p.m. until Monday at 8:00 p.m. (If no school Friday, Thursday at 6:00 p.m.) Easter Wife Husband Friday at 6:00 p.m. until Monday at 8:00 a.m. returning to school {If no school Friday, Thursday at 6:00 p.m.) Memorial Day Husband Wife Friday at 6:00 p.m. until Monday at 8:00 p.m. (If no school Friday, Thursday at 6:00 p.m.)Fourth of July Wife Husband Friday at 6:00 p.m. until Monday at 8:00 p.m. (If no school Friday, Thursday at 6:00 p.m.) Labor Day Husband Wife Friday at 6:00 p.m. until Monday at 8:00 p.m. (If no school Friday, Thursday at 6:00 p.m.) Halloween Wife Husband Time released (Beggar's Night - from school Observed until 9:00 p.m. Celebration for Parent’s Location) Thanksgiving Day | Wife Husband November 23% (or the eve of school break) at 6:00 p.m. until November 28" at 6:00 p.m. 41* half of Winter | Husband Wife 6:00 p.m. the day break & school recesses accompanying until 6:00 p.m. on holidays December 28" 2™ half of Winter | Wife Husband 6:00 p.m. break & December 28" accompanying until 8:00 p.m. on holiday January 2" (or the eve school commences whichever is later) Mother’s Day Wife Wife Friday at 6:00 p.m. until Monday at 8:00 p.m. Father's Day Husband Husband Friday at 6:00 p.m. until Monday at 8:00 p.m. Child’s B-day Wife Husband Weekday: Time of release from school until 8:00 p.m. Weekend: 9:00 a.m. until 8:00 p.m.i. Each parent shall be permitted reasonable telephone contact with Leo, including during the other parent's holiday and vacation parenting time. j. Neither parent will demean the other or make derogatory comments about the other to Leo or within Leo’s range of hearing, or allow others to do so. k. When either parent is unavailable to exercise his or her parenting time overnight for any reason, the non-scheduled parent shall be afforded the first opportunity to exercise parenting time with Leo over any other individual, including but not limited to relatives, friends, significant others, step parents or childcare providers. In the event that the non-scheduled parent elects to exercise the right of first refusal, that parent is not expected to trade time with the scheduled parent. If the non-scheduled parent does not elect to exercise the right of first refusal, it is the scheduled parent’s obligation to arrange for childcare during his or her absence. I Leo shall be provided appropriate sleeping accommodations by both parents, which shall be defined as having a bed of his own and a room separate from any adult and not shared with any sibling or step-sibling (or any other child or adult) of the opposite sex. m. Neither parent shall consume alcohol, use illegal drugs, use prescription medications not prescribed to the parent, or smoke during his or her parenting time. Neither parent shall allow the child to be exposed to second hand smoke. Neither party shall drive under the influence of alcohol or any intoxicating or illegal substance during his or her parenting time. Neither parent shall have overnight guests of the same or opposite sex that would be deemed a romantic interest or cohabitate outside of marriage during his or her parenting time.n. Both parents shall ensure that Leo takes all currently prescribed medication during his and her parenting time and that Leo is following all other recommendations issued by his physician(s) and psychologist(s), therapist(s) or other treating mental health professionals (for example, dietary restrictions, behavior modification plans and bedtimes). When Husband has overnight parenting time with Leo or when Husband will otherwise have parenting time during a time when Leo will need to take prescription medication, Wife shall provide Husband with sufficient doses of all such medications at the time of parental exchange. Wife shall send all prescription medication to Husband in the prescription medication bottle in which the medication was dispensed from the pharmacy and Husband shall return the prescription medication bottles and any remaining doses to Wife at the conclusion of his parenting time. 0. Husband shall ensure that during his parenting time, including during his extended parenting time, Leo attends all activities and practices in which he is enrolled and that he goes to all scheduled doctor/dentist/counseling appointments. p. In the event of either party's death, both parties agree that it is important for Leo to continue to maintain a relationship with his half-siblings and the deceased parent's family. In such a circumstance, the surviving parent agrees to foster Leo's relationship with the other parent's family and further agrees to encourage Leo to maintain contact with them, including but not limited to visits, telephone and e-mail contact. q. Wife shall be permitted to relocate outside of the court's jurisdiction, including outside of the State of Ohio, with the minor child. In this event, Wife shall follow the Montgomery County Domestic Relations Court Standard Order of Parenting Time asit regards any modification of the parenting schedule that may become necessary as a result of any impending relocation. r The Montgomery County Domestic Relations Court Standard Order of Parenting Time is attached hereto and incorporated herein as if fully rewritten. The Standard Order of Parenting Time conflicts with several provisions of this Separation Agreement. in those instances where the Standard Order of Parenting Time and the terms of this Separation Agreement conflict (including, but not limited to the routine parenting schedule), this Separation Agreement is controlling. 4. CHILD-RELATED EXPENSES INCURRED UNDER TEMPORARY ORDER Wife shall provide Husband with documentation of any unreimbursed/uninsured medical expenses incurred on behalf of Leo under the temporary order (through the date that the parties’ Decree of Divorce is journalized) within two (2) weeks of the date of the journalization of the Decree. The documentation shall be provided to Husband by certified mail, return receipt requested, to his current address, which is 4325 St. Johns Avenue, Dayton, Ohio 45406. Husband shall pay Wife his 50% share of any documented expenses incurred on behalf of Leo within sixty (60) days of the date that the documentation of the expenses is mailed to Husband. 5. CHILD SUPPORT oy Effective October 1, 2010, Husband shall pay child support to se for Leo in the Ft 50.% amount of four hundred and tietio rath ats ($482:365) per month eo per child, for a total amount of $a8a55 per month plus processing fee. Any and all arrearage or overage shall be preserved. When health insurance IS being provided by a party in accordance with this -10- orlorder for the child named above, the obligor shall pay child support for the minor child in the amount of sad per month, per child, for 1 child, plus $90.00 per month child support arrearage, plus the 2% SEA processing fee. W When private health insurance IS NOT being provided by a party in accordance with this order for the child named above, the obligor shall pay child support for the q3.6F minor child in the amount of $406.94 per month, per child, for 1 child, $@@=%8 per month cash medical support, plus $90.00 per month child support arrearage, plus the 2% SEA processing fee. SS Ww If private health insurance coverage is being provided and becomes unavailable or is terminated, the obligor SHALL BEGIN paying cash medical support commencing the first day of the month immediately following the month in which private health insurance coverage became unavailable or is terminated, and SHALL CEASE paying cash medical support on the last day of the month immediately preceding the month in which private health insurance coverage begins or resumes. Cash medical support shall be paid in addition to child support. . All support under this order shall be withheld or deducted from the income or assets of the obligor pursuant to a withholding or deduction notice or appropriate order issued in accordance with Chapter 3119., 3121., 3123., and 3125. of the Revised Code or a withdrawal directive issued pursuant to Sections 3123.24 to 3123.28 of the Revised Code and shall be forwarded to the obligee in accordance with Chapters 3119., 3121., 3123., of the Revised Code. Obligor is restrained from making said payments directly to the obligee and the obligee is enjoined from accepting direct payments from the obligor. Any payments of support not made through the OCSPC may be deemed a gift. Obligor and obligee shall notify the CSEA immediately, in writing, of their current mailing address, current residential address, current residence telephone number and current driver license number. This duty to notify the CSEA immediately of any change in either addresses, phone numbers or driver license numbers shall continue until further notice of the court. The obligor shall notify the CSEA immediately, in writing, of any change in employment status or employer. This duty to notify the CSEA immediately shall continue until further notice of the court, and a failure to provide such notification may make the obligor liable for retroactive support that would have been ordered. -1l1-The obligor and obligee shall notify the CSEA immediately, in writing of any change in the status of the minor children of the parties which would terminate the duty of obligor to pay child support. The obligor and obligee shall notify the other party immediately, in writing, of any change in status which would effect child support and/or spousal support. Both parties shall take notice of the Obligee’s Rights and Remedies for Enforcement of Support, attached hereto, available to the obligee in the event the obligor fails to make payment of support as ordered herein. EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER’S LICENSE NUMBER, AND OF ANY CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT OR AGENCY, WHICHEVER ISSUED THE SUPPORT ORDER. IF YOU ARE THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE REQUIRED NOTIFICATIONS, YOU MAY BE FINED UP TO $50 FOR A FIRST OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT ORDER ISSUED BY A COURT AND YOU WILLFULLY FAIL TO GIVE THE REQUIRED NOTICES, YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS. IF YOU ARE AN OBLIGOR AND YOU FAIL TO GIVE THE REQUIRED NOTICES, YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, DRIVER’S LICENSE, OR RECEREATIONAL LICENSE; WITHHOLDING FROM YOUR INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION. 6. MEDICAL INSURANCE AND EXPENSES a. Wife is currently maintaining a comprehensive plan of medical insurance for the child through a private insurance provider at a cost of $83.59 per month. Medical insurance for the child is not available through Wife's employment. The medical insurance coverage available through Husband’s employment is minimal. Wife agrees to -12-continue to provide medical insurance coverage for the child so long as the same continues to be available to her at or near current costs. Should a comprehensive plan of medical insurance with benefits similar to or better than the plan that Wife currently provides become available to Husband, then he shall immediately notify Wife and he shall assume the responsibility of providing medical insurance for the minor child. Husband has an obligation to provide health insurance and/or cash medical support to Leo until such time as Leo is eighteen (18) years of age and pursuant to O.R.C. §3103.03 no longer continuously attends, on a full time basis, any recognized and accredited high school, or is otherwise emancipated, but not later than age nineteen unless ordered by the Court or the parents so agree. A Qualified Medical Child Support order will issue and is attached hereto. Wife shall be designated to receive reimbursements from the insurance provider. b. The parent providing insurance shall ensure that the other parent has insurance cards for the child and that the other parent has access to all current health insurance information relating to the child. i Ly c. The parties shall asguuzy divide the cost of any unreimbursed and/or \) uninsured health, medical, hospital, optical, opthamological, including glasses and/or we contact lenses, prescription drug, psychological or Pan lasban dental "oat re 0 are expenses incurred for/on behalf of the minor child, including the on of out of network Banna providers and out of network medical expenses. 20%. d. Each parent shall, promptly upon receipt thereof, submit the health care/ medical provider's billing statement (or other proof of payment of uninsured/unreimbursed medical and health expenses) to the other parent. Each party -13-shall pay to the other parent his/her share of uninsured/unreimbursed medical/health expenses of the child within sixty (60) days of receiving documentation of the expense and proof of payment from the other parent. Reimbursement, as provided herein for all bills paid by a parent, shall be paid or arrangement agreed upon, to the appropriate party within sixty (60) days of his or her receipt of a copy of the bill/proof of payment. 7. TAX EXEMPTIONS Beginning with tax year 2010 and every year thereafter, the parents shall alternate the right to claim Leo as and for a tax exemption for Federal, State and loca! income tax purposes to the extent allowed by law, with Father having the right in 2011 and all odd-numbered years thereafter and with Mother having the right in 2010 and all even-numbered years thereafter. if either parent is completely phased out from taking the exemption, or does not get any benefit from the use of the exemption due to a lack of income, the exemption shall be offered to the other parent. Each parent shall sign, execute and deliver to the other all documents requested by any taxing authority in order for the other parent to claim the child in the year in which the parent is entitled. Said documents shall be signed promptly upon request. 8. LIFE INSURANCE a. Effective immediately, both parties shall maintain and keep in full force and effect a policy of life insurance that will, upon his or her death, pay directly to the other party a net amount of up to one hundred thousand dollars ($100,000.00). Wife is to be named the exclusive beneficiary of the life insurance policy on Husband's life and Husband is to be named the exclusive beneficiary of the life insurance policy on Wife's life; however, these life insurance policies are being maintained for the benefit of the - 14 - wllparties’ child, Leo. Both parties shall maintain said life insurance policies until such time as Leo has reached the age of 18 AND no longer continuously attends school, or until Leo is otherwise legally emancipated. Each party is responsible for paying the premiums on the life insurance policy on which he or she is named the exclusive beneficiary. The party who is named the exclusive beneficiary shall also be named the sole owner of the life insurance policy on the other party's life (for example, Wife shall be named the sole owner and exclusive beneficiary of the policy on Husband's life, and Wife is solely responsible for paying the premiums on this policy). This is to ensure that each party has access to these funds in the event that the other party dies prior to Leo becoming emancipated. The party who is the owner and exclusive beneficiary of each policy has the right to elect to maintain less than $100,000.00 of life insurance if he or she so chooses, since the exclusive beneficiary is also required to make the premium payments; however, the amount cannot exceed $100,000.00 without the written consent of the party whose life is insured. Additionally, the party whose life is insured has no say in the amount of benefits elected to be maintained by the other party, except that the benefits shall not exceed $100,000.00 without the insured’s written consent. Both parties shall cooperate with each other and with the insurance company and both parties shall take any and all necessary physical examinations, fill out any necessary documents and cooperate with any reasonable requests so that such tife insurance policies may be obtained and maintained as set forth herein. Each party shall provide the other party with documentation from the life insurance company confirming his and her compliance herewith. Each party shall provide the other party with such documentation from the life insurance company on the date of executing this Separation Agreement and on an - 15 -annual basis thereafter (on the anniversary date of the execution of this Separation Agreement) until such time as the parties no longer have an obligation to maintain life insurance as set forth herein. In the event that either party fails to provide such information to the other party, then each party does hereby irrevocably empower the other party (and each party shall take all steps necessary to give the other party such power) to make inquiry of any insurance company issuing life insurance policies on the life of the other party as to the status of any such policy under which the other party is the beneficiary pursuant to the provisions hereof, the payment of premiums due thereon, and the like. {n the event that either party fails to comply with the provisions herein, a result of which a net amount of $100,000.00 in life insurance proceeds are not paid directly to the other party upon the death of the party out of compliance herewith, then the entire unpaid balance of the life insurance proceeds, up to a net amount of $100,000.00, shall be a charge against the estate of the party out of compliance with the provisions herein, in favor of the other party. 9. SPOUSAL SUPPORT Neither party shall pay spousal support to the other. The Court shall not retain continuing jurisdiction over this issue. 10. DIVISION OF PROPERTY All property, real and personal, wheresoever situated, which the parties own individually or jointly or in common with each other, or in which either has any interest or control shall be divided as follows: -16-A. Real Estate. 1. Neither party has an interest in residential real estate. 2. The parties are members of the Holiday Inn Club Exchange Program, contract number 6079321, and have signed a contract to purchase a time share unit with Orange Lake County Club, inc., contract number 6040289. The parties signed a contract to purchase Week 15 (Friday to Friday) of Condominium Unit no. 087555, located at 8505 West Irio Bronson Memorial Highway, Kissimmee, Florida 34747. This timeshare property is not yet titled in the parties’ joint names, as they have not officially closed on the sale of the property. A copy of the purchase contract is attached hereto and incorporated herein as “Exhibit A.” There is a mortgage against this property in the approximate amount of $18,000.00. Wife shall receive this property and the vacation club membership for any all purposes whatsoever, free and clear of any claim on the part of Husband. Within seven (7) days of executing this Separation Agreement, Husband shall give Wife a duly executed quit claim deed for all his right, title and interest in this property and Husband shall also execute any and all other additional documentation and transfer instruments required by the Orange Lake Country Club, Inc., the County of Osceola, the State of Florida and any other entity/individual in order to transfer this property and vacation club membership to Wife's individual name. In the event that Husband fails to transfer his interest in said property to Wife, the Osceola County Recorder's office and any other official is hereby instructed to accept this Separation Agreement, which shall be incorporated into a Decree of Dissolution or Decree of Divorce, as the transfer document. Wife shall refinance the mortgage on the property within one-hundred and eighty (180) days of executing this Separation Agreement so as to remove Husband’s name from the mortgage and -17-promissory note. Wife shall be solely responsible for, and indemnify and hold Husband harmless on the mortgage on the property, the membership dues for the vacation club, the maintenance fee for the property as well as any and all other expenses and debts associated with the property or the vacation club membership. Husband shall also return the membership packet to Wife within seven (7) days of the execution of this Separation Agreement. B. Personal Property With the exception of the item listed below, the parties have divided, to their mutual satisfaction, all of their household goods, furniture and personal property and each party shall retain all of the household goods, furniture and personal property in his and her possession and clear of any claim on the part of the other party. Within seven (7) days of the execution of this Separation Agreement, Husband shall return to Wife in good, working condition the set of keys to Wife’s Chevy Tahoe, which contains other keys. Wife shall return any of Husband's high school pictures or tools that Wife has in her possession or control. Wife will inspect her residence but Wife does not believe that she has of any of Husband’s tools or high school pictures. Cc. Motor Vehicles 41. Wife shall receive the 2004 Chevrolet Tahoe, which is titled solely in her name, free and clear of any claim on the part of Husband. There is a lien against this vehicle in Wife's name in the approximate amount of $8,000.00 held by Chase Auto Finance. Wife shall pay, be solely responsible for, indemnify and hold Husband harmless for any loan and/or lien against this vehicle, and any and all we”expenses, liabilities and/or debts associated with this vehicle. The parties agree that there is no marital equity in this vehicle to divide between the parties. 2. Husband shall receive the 1994 Dodge Intrepid, which is titled solely in Wife’s name, free and clear of any claim on the part of Wife. There is no lien against this vehicle. Husband shall pay, be solely responsible for, indemnify and hold Wife harmless for any and all expenses, liabilities and/or debts associated with this vehicle. The parties agree that there is no marital equity in this vehicle to divide between the parties. This vehicle is not in running condition and is currently being stored at Husband’s residence. Wife shall take any and all steps necessary to transfer possession of the vehicle and title to Husband within thirty (30) days of the execution of this Separation Agreement. D. Funds on Deposit 1. All joint deposit accounts have been closed and divided to the satisfaction of the parties. lf Husband’s Wright-Patt checking account, which Wife believes was joint, remains open, then Husband shall close the account immediately. Husband shall be solely responsible for paying any charges or monies owed on this account and Husband shall indemnify and hold Wife harmless on the same. 2. Both parties shall have and retain as his and her sole and exclusive property, any and all of the funds held in any and all bank/deposit accounts in his and her individual names, free and clear from any claim on the part of the other party. E. Investment Accounts 1. Wife shall receive the BB&T investment account ending in no. ******0637 free and clear from any claim of Husband. - 19 -2. Wife shall retain, free and clear from any claim on the part of Husband, the 529 Plans established for the benefit of the parties’ minor child, Leo III, as well as the plan established for the benefit of Wife’s son, Jaydon. Husband shall retain, free and clear from any claim on the part of Wife, the 529 Plan established for the benefit of his daughter, I’Bria. Wife is currently the custodian on I’Bria’s account. Wife shall execute any documents reasonably necessary to effectuate transfer of this account to Husband. Husband shall supply the documents to Wife for execution within seven (7) days of the execution of this Separation Agreement. F. Life Insurance Each party shall retain any policy of life insurance in which he or she has an interest free and clear of any claim on the part of the other, except that each party shall maintain life insurance in the amount of $100,000.00 for the benefit of the other party for the support of the parties’ son, Leo, as set forth above. G. Retirement Benefits 1. Wife shall retain any and all retirement plans/accounts in her individual name, free and clear from any claim on the part of Husband, including but not limited to Wife’s Phyllis G. Bossin Co. L.P.A. Pension/Profit Sharing Plan. 2. Husband shall retain any and all retirement plans/accounts in his individual! name, free and clear from any claim on the part of Wife. 3. There shall be no offset or payment to either party for the value of the retirement benefits/accounts held in the other party’s name. Each party shall retain any and all retirement benefits/accounts in his and her name without any claim whatsoever on the part of the other party. - 20 - V6. INCOME TAX RETURNS The parties shall file separate tax returns for tax year 2010 and every year thereafter and each party shall be entitled to retain any refund that he or she receives and each party shall be solely responsible for any and all tax liability associated with any income received by him or her and shall indemnify and hold the other party harmless on the same. The parties previously filed joint tax returns. In the event of an audit or assessment for a year in which the parties filed joint tax returns, the parties shall fully cooperate with each other in signing all necessary forms in order to effectuate protests or appeals. In the event that there is an assessment of outstanding taxes due or a refund/overpayment due to the parties on a jointly filed tax return, the parties will each be responsible for 50% of the liability owed and each party would be entitled to 50% of any refund. The parties hereto agree that each will immediately forward to the other, a copy of any deficiency notice or other correspondence received by either of them from the Internal Revenue Service, State or Local taxing authority concerning any tax year for which a joint return has been filed. Each party shall execute any and all documents that may require his or her signature for the purpose of effecting all of the terms and conditions of these taxation provisions so as to give full force and effect to this Section and related Sections herein. 7. LIABILITIES A. Save and except for the debts referred to herein, each party warrants to the other that no other debts have been incurred by one party on the credit of the other, and neither party will henceforth incur any obligation or indebtedness upon - 21 -the credit of the other. Each party warrants that they have made full disclosure of all debts and/or liabilities incurred upon the obligation of the other, and that the obligations of indebtedness undertaken by each party herein, are based upon such representations. B. The marital and/or joint debts of the parties include the following: 1. The uninsured/unreimbursed medical expenses incurred for the parties’ minor child under the temporary order, which have been identified above and shall be allocated to the parties as set forth above; 2. An unsecured loan with Equitable Acceptance in the parties’ joint names with an approximate balance of $1,300.00, which was for cookware. Wife shall pay, assume and indemnify and hold Husband harmless on this debt and she shall retain the cookware, free and clear from any claim on the part of Husband; 3. The mortgage on the parties’ timeshare, identified above, which shall be allocated as set forth above; 4. Unreimbursed/uninsured medical expenses incurred by Wife during the marriage that are still unpaid as of the date that this Separation Agreement is signed include, but are not limited to the following debts/obligations: a. South Town Family Practice - May 2009 - $30.00 b. CompuNet Laboratories — February 2010 - $452.67 c. Premier Integrated Medical - December 2007 - $69.00 d. Your Premier OB/GYN — March 2009 - $58.68 - 22 -Husband has been provided documentation of these expenses. Husband shall pay Wife his share of these expenses, which totals $305.18, within ninety (90) days of the execution of this Separation Agreement. Cc. In addition to the debt specifically identified above, Husband agrees to pay, assume, indemnify and hold Wife harmless for any and all debt in his individual name that is not specifically addressed in this document, including but not limited to credit card debt, installment debt, secured debt, unsecured debt and personal loans. Husband also agrees to pay, assume, indemnify and hol