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Home My WebLink About96-05322 3. DIVISION or PIRSONAL PROPIRTY The parties have agreed to divide and have already divided between them to their mutual aatiBfaction the personal affeots, household furniture IInd furniBhil1gs and all other artioles of perlonal property whioh heretofore have belln uBed by them in conunon. Nllither party will makB any claim to any Buch items whioh are now in the pOSBllBsion or under the cont~ol of the other. An exception iB the bunk bedB which are to b6 returned to Wife. 4. AUTOMOBILES Ouring the mllrriage tho pllrtiea purchaBed a 1994 Chevy Cevalier and leaBed a 1996 Ford Contour. Doth vehicles are titled and registered in Wife's name. The part.ies agree that Husband shall be solely responsible for all leaBe payments, maintenance, insurance and other cOBtB or feeB related to the Contour. Husband agrees to indemnify IInd hold Wife harmlesB for any and all liability related to the Contour. Wife Bhall be Bolely responsible for all loan payments, maintenanoe, inBurance IInd other costs or fees rBlated to the Cavalier. Wife agrees to indemnify IInd hold Husband harmleBs for any IInd all liability t'elated to the cavalier. Husband shall utiu'ze hiB best efforts to obtain individual financing and ownership of thB Contour. If HUBband defaults on paymentB owed on the Contour (f~ll at least two (2) paymentB in arrears) Wife has the right to bring tho account current and take posseBBion of the vehicle. In the event of default as defined above Husband Bhall 100Be any and all right, title or interest in the Contour, but Bhall remain liable for any deficiency on the lease. 5. DIVISION or REAL PROPERTY The partieo do not own any real propBrty. 6. MARITAL DEBTS HUBband ohall be reBponsible for all marital debts solely in his name and Wife ahall be reBponsible for all marital debts solely in her name. HUBband shall indemnify and hold Wife harmless for any debt in his name. Wife shall indemnify and hold Husband harmless for any debt in her name. Husband agrees to pay Wife $400.00, in $30.00 monthly payments beginning February 1, 1997, to reimburse her for utility bj,llB incurred during the marriage. 7. PENSION AND RETIREMENT ACCOUNTS Husband and Wife shllll maintain their separate pension and/or retirement accounts. Husband re linquishes any and all rights he mar have in Wife' B pension or retirement aocounts and Wife relinqu BheB any and all rights she may have in Husband'B pension or retirement accounts. 2 " . 8. lHARlD CUSTODY The partieB agree that they shall share legal custody of their child. ThiB means that the parties shall consult with each other regarding tho mlljor pllronting decision/l affecting the child I s health, eduoation and welfare. Hushal1d and Wife shall sharo physical cUBtody of the parties' minor child. The parties agree that HUBband shall have the child during the nightB that Wife iB working. currently HUBband has the child TueBdllY, Thursdllr' Baturday IInd evary other Bunday. The parties agree that th B custody schedUle shall be modified to conform to Wife'B and HUBbllnd'B work Bohadule. a. Husband shall have the child on New YearB Day and Independol1ce Day in odd years al1d Memorial Oay and Labor Oay in even yearB. wife Bhall have the child on New Years Day Bnd Independence in even years and Memorial Oay and Labor Oay in odd years. HolidaYB shall run from 5'00 p.m. th<.!l dllY before the holiday until 7:30 p.m. the day of the holiday. b. 'l'he Cht'iBtmaB Holiday shall rotate with HUsband having Christmas EVB at 5:00 P.M. until Christmas at 1:00 p.m. and Wife having the child from ChristmaB at 1: 00 p. m. until Oecember 26 at 3:00 p.m. in evel1 years. Wife Bhall have the child on Christmas Eve at 5:00 P.M. until Christmas at 1:00 p.m. and Husband having the child from Christmas at 1: 00 p. m. until December 26 at 3: 00 p.m. in odd years. c. For the Thanksgiving Holiday Wife shall have the child from WednaBday at 5:00 p.m. until Thanksgiving day at 3:00 p.m. and Husband Bhall have the child from 3:00 p.m. on Thanksgiving until Friday at 2:00 p.m. d. 'l'ha Easter Holiday Bhall rotate with Husband having the day before Easter at 5:00 P.M. until Easter at 1:00 p.m. and Wife having the child from ElIster at 1:00 p.m. until the following Monday at 3:00 p.m. in even yearB. Wife shall have the child on the day before EaBter. ut 5:00 P.M. until Easter at 1:00 p.m. and Husband having the child from Easter at 1: 00 p. m. until the following Monday at 3:00 p.m. in odd years. e. Each year Husband shall have the child for two (2) uninterrupted week periods of vacation and Wife shall have the child for two (2) uninterrupted week periods of vacation. The parties shall provide each other with at least 30 days written notice of their vacation periods. The parent may / but is not required tOt take an actual vacation from his or her work, but shall be responsible for any child care expenBeB during the vacation period. 3 IUOO have 7130 f. Husband shall have the child on Father's Day from p.m. the day before until 7130 p.m. the holiday. Wife shall the child on Mother's Day from 5100 p.m. the day before untU p.m. the day of the holiday. g. Holidays supersede all other periods of physical custody. h. At other times as the parties mutually agree. 1. The parties Bhall sh/lre transpl)rtation with the receiving parent responsible for picking up the child. j. Each party shall give sixty (60) days prior written notice of relooation of their primary residenoe. The sixty (60) days is intended to allow the parties to negotiate any appropriate changes nec~ssitated by the proposed move. If an agreement is not reaohed either party may petition the court for appropriate relief. 8. MJ:DICAL/DBNTAL INSURANCE AND EXPENSBS Husband iB providing medical/dental coverage for the child through his employer. Husbllnd Bhall continue to provide the medioal/dental covarage if Buch coverage iB available at a reasonable COBt as pllrt of his employment bonefits, whether or not such beneHts ar.e paid dir.ectly by the employer C'r by partial contribution by HUBhand. wife and Husband agree to eaoh pay one half of all unreimbursed and deductible medical & dental expense III related to their child. Husband and Wife also agree to each pay one half of the cost of the child's extracurricular activities. 9. rILING or IRS RETURN Husband and Wife agree to file a separate tax return for tax year 1996 provided that thB divoroe iB finalized. If the divoroe is not final the partililB will file a joint return. The parties shall file separate tax returns in all subsequent years. 10. DIVORCE The parties agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that at the expiration of the mandatory 90 day waiting period the parties will exeoute and filB the documents necessary to obtain a divorce. 11. INCORPORATION This agreement is to be incorporated into any subsequent Degree in Divorce. 4 12. CONTINUID CooPIRATION The parties agree that they will within fifteen days after the exeoutiun of thia agreement exeoute any and all written instruments allsignmente / re leaaea / deeds or notes or other Buch writings as may be neoesaary or dcasirable for the proper effeotuation of thia agreement. 13. BRIACH If either tarty breaches any proviaion of this agreement, tho other party sha 1 have the right, at his or her election, to sue for damages for such breaoh, and the party breaching' this contraot shall be reBPQnaible for the payment of legal fees and costs incurred by the othor in enforcing their rights under this agreement or for seeking such other remed1ea or relief as may be available to him or her. 14. VOLUNTARY AORlIlMZNT 'rhe provisions of thiB agreement are fully understood by both parties and eaoh party acknowledges that the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 15. WAIVER OF CLAIMS AGAINST ESTATES Except aa herein otherwiae provided, each party may dispose of hiB or her property in any way/ and each party hereby waives and relinquishea any and all righta he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the eatate of the other as a result of the maritlll relationBhip, including without limitation, dower r curtesy, statutory allowance / widows allowance, right to take in intBstacy, right to take against the will of the other and the right to act aB administrator or executor of the other's estate. 16. BINDING AFFECT This agreement shall be binding upon the partiea' heirs, aucoeaaors and assignB. 17. MODIFICATION AND WAIVER Any modification or waiver of any of the provisiona of thia agreement ahall be effective only if made in writing and executed with the same formalities as this agreement. The failure of eithet' party to insiat upon atdct performance of any of the provisions of thia agreement Bhall not be conBtrued ae a waiver of any oubaequent default of the aarne or similar nature. 5 " I, " , I " I' j! , I ~ t\I ~: Q lfrs I. ~ ~i~ f:5~ re l.rr /, J. ./ 1::1 ';6~ II. r1 ~~ I." ~i f:. ., ~) ~ I I , : ~ I ., , ,OJ' 'I , I " ,I ': 1'.',' '" .J,"I,_ ),' ":! , 1 " " ./ :( i' ,,1, ~.. ~' ~' 8 00 . '~ . ~ 'P vi ~=s- - " ".... ~:t q, If , " " ,I, I' " " _I, " " , I ,1>1, '~l/'I' 'I; 'I " i , ", , " I' " " " !, " , ", , ' il ,," '1,'\'1 i'--' .. . :,, ~ " .. 'I ""I I', " , . " I , , ., , , I , , , .~ , 1\' 9~.!l>. ~tudJ . . . , ,I; ". , ~ ATTORNEY AT LAW , /1" ~ /.' J E MAIN lITREET '" ~ ,-'- BHIRr.MANSTOWN, PAI7011 , " , 717.7~1.14el II '" ,. ,'j' ,-I;' ;',' '". , , " , I' ,1\ I ,"! , , "','i, " 1_.' :1'" ., d. '. ," , , I ." '.' , ' 'I, " ;'" , " ,I ..' 'i, " !I'I " 'I " /, :J' ., ,.11 ., ., , , " ,j , " ,,' , " I, " , " " , ,. , " , , !I ;1 " '.;1 "-, , , , .'1 ., I' ,I ,."1 )', , , rill., ,', ',-" :;, F" " i'l ,\.;.......i,., : ,':,'.(' ~ ':. . I, ".Jr.l ,', ,. ~,.\,.\, . 'j 'I I" I ;1 " ,1',,1; I', " , " {f '\:? " ij'- , , I;>': " 1,1' , " ", L " " ,I , " 'I;. \', 'iI I, II ,I -.', , " "n, " J' , ~ " I "): ~i ',I I,"f ,,' '" " it' J/ ~ 'I' , I): " " , I P, , ' " '"j t', . ~-II 'j"( "I It!. 't', " " ", i, " ',1-,'f ,L ,I ,', JAMJA LII MVILLIRt 'LAIMon" v. XM THI COURT or COMMOM 'LIAS C1UM1IRLA11D COUltTY, Plltlt8YXNUXA - I ltO. U - 1 ., ! CIVIL TIltH IN DIVORCI JOIIPH LII MVILLIR, DI'IMDUT COMPLAINT UNDIR elCTION 3301(0) OR 3301(4) or THI DIVORCI COD I IN DIVORCI 1. The Plaintiff is Janna Lee Mueller who resides at 242 Cumberland Road/ camp Hill, Cumberland county/ Pennsylvania 17011. 2. The Defendant i8 Joseph Lee Mueller / 12 S. li'ilber.t street/ Mechanicsburq, Cumberland County/ Pennsylvania 17055. 3. The Plaintiff and Defendant have been bona fide residents of the commonwealth of Pennsylvania for at least six months immediately prior to the filinq of this complaint. 4. The Plaintiff and Defendant were married on June 2, 19S9/ in Cumberland County/ PennBylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably br.oken. 7. 'rhe Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff has been advised of the availability of counselinq and that Plaintiff may have the rlqht to request that the Court require the parties to participate in counseling. , . ~ m ';1 mD1 !~ I ;1.( , '\~1 i'l' ~ I;; ,.' ; .;t> .I~ " ." "'.." 1(:," tl. 'I~ ' , ~) '.1 ~t) ,.. 110,) ,~ .. '"","",11. ~ I Ot>>'DllIDl oddl__" t .ComjlIII. II....~, h, ond lb. I ,Print your nWM and .dd'." on lh. "." ollhltlOfm ao lh.I Yr, c'" IMum Un CIId'oyou, 'Mtdl thi.lQnn 10 'hi hotll of U'lI mIllplCl. 01 on lhe bI~ ill9'~ daM not PI""II. . IWrll.'''llUm RtoIIpI R.-,uttltd'on IhI maMpI.tI b,hJW th. ,nidi 0UIfll*. ti .tN Atlum Rapt WIn ahOWi lo."nom the illICit .,, dMlvttltd and IhI dat. I dIIl,"od. I 10: Sl)':':'{JI\ L. 1111.,c.1Ic'" \:J ~. 1,IIJt,1 ';1 \ ")('."\\(\1\'\( ,,I JlIf',J" ()/-I --' I ')lJ"i I) &, Received By: (Prlnl N_J 1 .. I f . I " " " ,I ~ ~ ~. , , iJl i:l~ Ii re \., t! "I, 1;1 t. d ~~ I = I" t... !' t .;~r(l M ~~ W ~ II ,I :q .' ~ ~ " " " " {I " . ., .. . . I ~ . ... I JOllA lill MUIUIR, PLAINTU'r v. I I I I I I I III THI COURT or COMMON PLIAS CIIHBIIWUfD COUIITY, PI..lfSYLVUXA NO. 96 - 5322 CIVIL TIRM IN DIVORCE JOSIPH LII MUILLIR, DIPl!lfDIUfT AFrIDAVIT or CONSENT 1. A Complaint in Oivorce under Section 3301(c) of tha Oivoroe Code was filed on September 25, 1996. 2. The ma!:'riage of Pldntiff and Oefendant is irretrievably broken and ninety (90) daYB have elapsed from the date of the filing and service of the Complaint. 3. I conaent to the entry of a Final Oecree of Divorce after sorvice cf notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive noticl!l of intention to request entry of the decree. 4. I understand that r may lOBe rights concerning alimony, division of property, l.awyer's fees or expenses, if I do not claim them before a divorce is granted. r verify that the statementB made in this Affidavit are true and correct. r understand that false statements herein are subject to the penalties of 18 Pa. C.S. falsification to authorities. Section 4904 relating to unsworn OATEDl Il.-3D -1~ i L /?//:;!I?~P_ ;I Janne ~ee Mueller -, , " , I~ ~ 'I ~ " rIl .~ .... , N !', ~ I, ~ " " o.l.. r'JiJ I, " ';:t , 'Y) b M ..I.:;, l' r.1 ~('l I U.. F ~ It , , l!.l 'tJ. 0' " , , I,' , , , , , " " " I . , ; !, I I " I !! ...... " .. .. ,.' . . . JAIW~ LII NUILLIR, 'LAXITXrr v. I I I I I I I XI THI COURT or CONNOI 'LIAS CIIN8IRLAlfD COUITY, '...srLVUX~ NO. 96 - 5332 CXVXL TIRN XN DXVORCI JOSI'H LI. MUILLIR, DIPlJlDUT APrXD~VXT or CONSINT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was fil$d on Septenwer 25, 1996. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to requ$st entry of the decree. I acknowledge that pursuant to Rule 1920.42(e) I have waived the rlquirement that I receive notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses, if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. t understand that false statements herein are subject to the penalties of lS Pa, C.S. Section 4904 relating to unsworn falsification to authorities. DATED I It/A'II, ( J.~ . ~/lll (II I So.epb Lee Muelle~