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HomeMy WebLinkAbout96-06166 ~ \. ... ~' ~ =- e ~ .:::t ~ ( \. ~ - , ......, ~ I ;( ~I i, i I i , , I , " ::. ,/ /' / l I I I j 1 I I ,:"; .. ****~~,~-~,~,~*~"~*'***'~"~')'~'~*'~~~'~~-~ ~I_______"_______'___' .., -' -.--.---' ..oO -- "-,, ,. ".__v -..---' -.- --'i,~ ,I ' ~i ;~ ~j IN THE COURT OF COMMON PLEAS \~ ~l I~ *1 ~d : l ~I ),tl OF CUMBERLAND STATE OF ;~~! \. c.....J>I"....l COUNTY PENNA. .~ ~ ~ JOANNE C. MURRAY, Plaintiff :'\ (), 96-6166 ~ ~ ~ '.' \'1<1.....;\1..; ~ ',' MICHAEL G. MURRAY, ~ Defendant ~ ~ ,~ ~ DECREE IN D I V 0 R C E it. 3',;.0 ppt , .... '.... ..~~ 19 ,!!~.... it is ordered and ~ $1 )j '0 ~ M. $ $ ,;, ;:> AND NOW, ' decreed th~t ..."..",....,.. ,~~!\~~J?:, ~., ,M!lR~r, , , ,,, .. , , ", plaintiff, and ' , , , , , , , , , . ' , , , ' , . , , , , , , , , , ~~<;HA.E~ ,~,., ,MU~Y , , , , , . , , " defendant, are divorced from the bonds of matrimony, ~ The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ~ '.' ~ ~ ", ,N<?I!!!,.,' ,'l.!t~, ,A<Jre,~m()f1,t ,bet\Oie()!l, ,t;I)() , pal;\:;i.AfI ,liil,t,IlQ, Ileptember,l.l" , . , ,l~~~, ,is, ~,nc<:,rp~r:ate,d, ,bu,t ,n~t ,merged, in, ,this, ,D()<;)ree, ;i.,q ,J;>;i.y,qrce. ~ ~ ,;, !' 'jlI" ... p. ~ ~ ~ ~ ~ ~-------". ~ >..:. .~. -:.:- .:to:- .:.:. ~ ,;, ;:> ~ " .. ;:> ,;, ,., ~ ~ ,~ ~ ~ ~. ~ ~ ., ~ " .. " .. ;:> ,;, ;:> ~ " ;:> s ~ .~ ,~ :, ~ ~ ~ ~ ',' ~ J, I~ \ ' :'~ I~ I,:, ;~ :~ ,:!, ~ '~ j~ ~ .:.:- -:.;. .:.:- .;.:. -:.:. .:.;. .:6:' .:.:- .:.:. .:.:. -:.:. .:.;. .:.:. " to their living apart. 2. The parties acknowledge that they have divided between themselves the household goods and furnishings in a manner satisfactory to both of them. The household goods and furnishings now in the possession of each party shall be the sole and individual property of that party. 3. Husband and Wife shall continue to own and enjoy, free from any claim or right to the other, all of his or her personal effects, such as clothing, jewelry, books, athletic equipment and the like, wherever located. 4. The parties acknowledge that the 1995 Mercury automobile that they jointly leased from West Shore Lincoln-Mercury, Inc./Dauphin Deposit Bank and Trust Company under Lease Agreement dated December 9, 1994 was assigned by Husband and Wife to L.B. Smith Lincoln-Mercury, Inc. who assumed the liability under the lease and subsequently sold the automobile. Wife used the Mercury automobile as a trade-in to purchase another automobile which shall remain the sole property of wife who agrees to indemnify and hold harmless Husband from any payment on the purchase money loan for the automobile, inCluding reasonable attorneys fees and costs. 5. Husband shall retain possession of the 1994 Chevrolet Van that has been leased by Husband and Richardson Funeral Home, Inc. and Wife hereby releases any claim that she would have to this automobile or any rights under the lease. - 2 - 6. Husband shall pay and solely be responsible for the debt incurred by Husband on charge accounts in his name, consisting of the Master Card account and Bon-Ton account. Husband shall also pay and solely be responsible for the N. B. Liebman furniture account debt that was incurred in Wife's name but was for furniture purchased for the funeral business. Husband shall indemnify and hold harmless Wife from any liability for payment of said debt~, including attorney fees and costs. 7. Wife shall pay and solely be responsible for the debt incurred by Wife on charge accounts in her name, consisting of the Master Card account, Boscov's and Montgomery Ward. Wife shall indamnify and hold harmless Husband from any liability for payment of said debts, including attorney fees and costs. 8. Wife shall transfer to Husband all her right, title and interest in the real estate owned jointly by the parties at 29 South Enola Drive, Enola, East pennsboro Township, Cumber.land County, Pennsylvania (consisting of two tracts more fully described in deed from Jack W. Richardson dated May 3, 1993 and recorded in the Office of the Recorder of Deeds of Cumberland County), by special warranty deed, subject to all liens and encumbrances including the mortgage to Jack W. Richardson in the face amount of $150,000 dated May 4, 1993, and all real estate taxes and assessments against the property. For as long as Wife is obligated under the mortgage to - 3 - Jack W. Richardson, Husband shall make all mortgage payments, pay all taxes and other assessments against the property and shall maintain fire and casualty insurance on the property in amounts sufficient to cover the balance of the mortgage and shall pay all insurance premiums. Husband shall indemnify and hold harmless Wife from any liability for any said payments and obligations, including reasonable attorney's fees and costs. 9. Husband shall maintain as his sole and individual property, all of his interest in the business known as Richardson Funeral Home and Richardson Funeral Home, Inc. and the corporate stock and all assets of the business and Wife shall release any and all claims or rights that she has or would have to the business. 10. Wife shall retain as her sole property her pension intersst in the Public School Employees Retirement System and Husband releases any claims or rights that he has or would have in Wife's pension with the Public School Employees Retirement System. 11. The parties shall continue to maintain the custodial accounts for the children which are currently at West Shore Teachers Federal Credit union and Husband and Wife shall be named as joint custodians over said accounts. 12. Except as otherwise provided herein, Wife hereby warrants and represents that she has not heretofore incurred any debt or obligation for which Husband now or in the future is or may become liable. With respect to any such obligation incurred by Wife, - 4 - whether solely in her name or jointly, she agrees to pay same and to indemnify and hold Husband harmless therefrom, including costs and reasonable attorney's fees. 13. Except as otherwise provided herein, Husband hereby warrants and represents that he has not heretofore incurred any debt or obligation for which Wife now or in the future is or may become liable. With respect to any such obligation incurred by Husband, whether solely in his name or jointly, he agrees to pay same and to indemnify and hold Wife harmless therefrom, including costs and reasonable attorney's fees. 14. Neither party shall, after the date of this Agreement, in any manner incur debts or other obligations obligating the other or incurring any debt in the name of the other, and each party shall indemnify and hold harmless the other party of any such debts or obligations, including costs and reasonable attorney's fees. 15. Each party agrees that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted in lieu of all claims or demands either may have or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife each waive all claim and right to seek from the other any payment for support, alimony or alimony pendente lite. 16. Wife does hereby release, remise, quitclaim and forever discharge Husband and the estate of Husband from any and every - 5 - claim that she now has, may hereafter have, or can have at any time against Husband or against his estate, or any part thereof, whether arising out of any formal contracts, engagements or liabilities of Husband I arising by way of dower or claim in the nature of dower, widow's rights, or under intestate lawl arising by any right to take against Husband's WillI arising under the Divorce Code including claim for any determination and distribution of property, claim for alimony and claim for attorney's fees, costs and alimony pendente litel or arising by any other nature whatsoever I excepting only those rights accruing to Wife under this Agreement. 17. Husband does hereby release, remise, quitclaim and forever discharge Wife from any and every claim that he now has, may hereafter have, or can have at any time against Wife or her estate, or any part thereof, whether arising out of any formal contracts, engagements or liabilities of Wifel arising by way of courtesy or claim in the nature of courtesy, widower's rights, or under intestate lawl arising by any right to take against Wife's WillI arising under the Divorce Code including claim for any determination and distribution of property, claim for alimony, and claim for attorney's fees, costs and alimony pendente litel or arising by any other nature whatsoever I excepting only those rights accruing to Husband under this Agreement. 18. Each of the parties agrees to execute an Affidavit of Consent and Waiver of Counseling and Waiver of Notice of Intention - 6 - to Request Entry of Divorce Decree pursuant to the Divorce Code, 23 Pa. C.B.A. Bection 330l(c). At the request of either party, this Property Settlement Agreement shall be incorporated into but not merged with the Divorce Decree. 19. Husband and Wife shall have shared legal custody of their children Ryan M. Murray (born August 21, 1985) and Lindsay N. Murray (born June 26, 1991). For purposes of this paragraph, Husband shall hereafter be referred to as Father and Wife shall hereafter be referred to as Mother. a. Father shall be the primary physical custodian of Ryan and Mother shall be the primary physical custodian of LindRay. b. Father shall have partial physical custody of Lindsay every other weekend commencing Friday evening and ending Sunday evening. Mother shall have partial physical custody of Ryan on alternating weekends commencing Friday evening and ending Sunday evening. The weekends shall be alternated so that both children shall be with Father one weekend and both children shall be with Mother the following weekend. During the school year, each child shall be returned to the other parent by 8: 00 p.m. on Sunday evenings. c. The Christmas holiday shall be rotated as follows 1 Segment A: December 24 at 6100 p.m. through December 25 at 2100 p.m. Segment BI December 25 at 2:00 p.m. through - 7 - December 26 at 2100 p.m. During even numbered years, Father shall have the children for Segment A and Mother shall have the children for Segment B. During odd numbered years, Father shall have the children for Segment B and Mother shall have the children for Segment A. d. The Thanksgiving holiday shall be rotated as follows: Segment AI Thanksgiving eve from 6100 p.m. to Thanksgiving Day at 4100 p.m. Segment B: Thanksgiving Day at 4100 p.m. through the day after Thanksgiving at 4:00 p.m. During even numbered years, Father shall have the children for Segment A and Mother shall have the children for Segment B. During odd numbered years, Father shall have the children for Segment B and Mother shall have the children for Segment A. e. Transportation to and from the parties houses shall be shared. When Father has a period of physical custody of all the children, he shall transport the child for whom he is not the primary physical custodian from Mother's residence at the beginning of his custodial time and return the child to Mother's residence when his custodial time ends. When Mother has a period of physical custody of all the children, she shall transport the child for whom she is not the primary physical custodian from Father's residence at the beginning of - 8 - .' ".. her custodial time and return the child to Father's residence when her custodial time ends. f. Each parent shall have the children for one interrupted week. from Saturday to Saturday, during the summer. Father and Mother shall cooperate in scheduling each of their weeks. g. Each parent shall provide adequate sleeping and living accommodations for the children when he or she has physical custody of the children. Each child shall have his or her own bed. h. The parties shall exert every reasonable effort to maintain free access and unhampered contact between the children and each of the parties and to foster a feeling of affection between the children and the other party. Neither party shall do anything which may estrange the children from the other party or injure the children's opinion as to the Mother or Father or which may hamper the free and natural development of the children's love and respect for the other party. Both parents shall refrain from making derogatory cODUllents about the other parent in the presence of the children and to the extent possible shall prevent third parties from making such cODUllents in the presence of the children whether "sleeping" or awake. 20. Husband and Wife mutually agree to execute such documents - 9 - LAW O"ICEd SNELDAKE:R. BRENNEMAN & SPARE JOANNE C. MURRAY, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-6166 CIVIL TERM CIVIL ACTION - LAW v. MICHAEl. G. MURRAY, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland county: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of complaint: By regular first class mail on Defendant's Attorney on November 8, 199~ (See Acceptance of Service filed herein) 3. Date of execution of the Affidavit of consent required by Section 3301(C) of the Divorce Code: by the plaintiff: September 15, 1998; by the Defendant: september 11, 1998. 4. Related pending claims: None. 5. Date of execution of Waiver of Notice of Intention to Request Entry of Divorce Decree under Section 3301(C) of the Divorce Code: by the Plaintiff: september 15, 1998; by the Defendant: september 11, 1998. SNELBAKER & BRENNEMAN, P.C. Date: ~~f'/&,.,t7f,(... /(., I??g \ ,,<.,~ tt/]Vt~ By: Kf, Attorneys for Plaintiff tf ro. ~ N 1-'; ~:3~ n ~', .- .-- p,: s: -- ..~-:: (I;r_ -.::.: ~'~1 :.::, g '~'in ~f.~ N I"'" .f'-;? L:h:. ~ ": Hi) u,J :']11_ F- u: t:i C:J ::.; 0' U LAW Of'PICEB SNELBAKER a BRENNEMAN JOANNE C. MURRAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96- ~ I fc to CIVIL TERM CIVIL ACTION - LAW v. MICHAEL G. MURRAY, Defendant IN DIVORCE N 0 TIC E You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim for relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator One Courthouse Square Carlisle, Pennsylvania 17013-3387 (717) 240-6285 SNEL~A~;vr BRENNEMAN, P.C. By j{(J.11tt{tttr----- Attorneys for Plaintiff Ei; Ln (; "" N .-- t-: .. ~)...-r lLl~ - ) .;,;; (.) 'C' ...;4 ()~i' u:'... .' :1;:' ~L -. ...$j I; N ;l)~:" ,-- ff" ' 0.., id(u T W qa. [- en ..:.': 11.. ro ::J 0 CT\ (.) JOANNE C. MURRAY, I IN THE COURT OF COMMON PLEAS Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO. 96-6166 I CIVIL ACTION - LAW MICHAEL G. MURRAY, I Defendant I IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4909 relating to unsworn falsification to authorities. Date 5-//-',k;.'/f , 4-,~'L.;JJJ?, ~~'- MICHAEL G. MURRAY i:; '.!I '- "'-, f-- ", j:c, .. ~<, w8 - r J...~ ~(- ~ u~r 'or' "'" .)2 ~c -r.., ,. ) -, N " le ........, Et~~.' 0.. iUiJj w 'Oa... F= (.fl " ", co 3 0 U' '-' 'h CO} i.!~ c.: r,,; i.:.; i,-"e1 ,'':; -~--; ~~~ -: , : '- ,-' "'I. , tL.. , , : : -.i - ,:':'1 ,- , '; " , , \","} '!~ -', .. 'tu , '11.. I , (.] '3 u '-" <..J r , 1\11'" . " ;.J 1'1' .. '.,' ,'~ W. i',' p,:",\: ..){.. , " LAW O,'U:I,. SNnOAKJ:R. BnE~INE~,^N & SPAIU: JOANNE C. MURRAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-6166 CIVIL TERM CIVIL ACTION - LAW v. MICHAEL G. MURRAY, Defendant IN DIVORCE CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff, by her attorneys, Snelbaker, Brenneman & Spa~e, P. C. certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached t~ereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. SNELBAKER, BRENNEMAN & SPARE, P. C. . /2 U(tf.~ By: ~...;, - Keith O. Brenneman, Esquire 44 W. Main Str~et Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff, Date: January 28, 1998 Joanne C. Murray r-. I , .- , t__ , "-:-J , ..'; LJ. , I' C- O L. , ) \ to their living apart. 2. The parties acknowledge that they have divided between themselves the household goods and furnishings in a manner satisfactory to both of them. The household goods and furnishings now in the possession of each party shall be the sole and individual property of that party. 3. Husband and Wife shall continue to own and enjoy, free from any claim or right to the other, all of his or her personal effects, such as clothing, jewelry, books, athletic equipment and the like, wherever located. 4. The parties acknowledge that the 1995 Mercury automobile that they jointly leased from West Shore Lincoln-Mercury, Inc./Dauphin Deposit Bank and Trust Company under Lease Agreement dated December 9, 1994 was assigned by Husband and Wife to L.B. Smith Lincoln-Mercury, Inc. who assumed the liability under the lease and subsequently sold the automobile. Wife used the Mercury automobile as a trade-in to purchase another automobile which shall remain the sole property of wife who agrees to indemnify and hold harmless Husband from any payment on the purchase money loan for the automobile, including reasonable attorneys fees and costs. 5. Husband shall retain possession of the 1994 Chevrolet Van that has been leased by Husband and Richardson Funeral Horne, Inc. and Wife hereby releases any claim that she would have to this automobile or any rights under the lease. - 2 - 6. Husband shall pay and solely be responsible for the debt incurred by Husband on charge accounts in his name, consisting of the Master Card account and Bon-Ton account. Husband shall also pay and solely be responsible for the N. B. Liebman furniturs account debt that was incurred in Wife's name but was for furniturs purchased for the funeral business. Husband shall indemnify and hold harmless Wife from any liability for payment of said debts, including attorney fees and costs. 7. Wife shall pay and solely be responsible for the debt incurred by Wife on charge accounts in her name, consisting of the Master Card account, Boscov's and Montgomery Ward. Wife shall indemnify and hold harmless Husband from any liability for paymsnt of said dsbts, including attorney fees and costs. 8. Wife shall transfer to Husband all her right, title and interest in the real estate owned jointly by the parties at 29 South Enola Drive, Enola, East pennsboro Township, Cumberland County, Pennsylvania (consisting of two tracts more fully described in deed from Jack W. Richardson dated May 3, 1993 and recorded in the Office of the Recorder of Deeds of Cumberland County), by special warranty deed, subject to all liens and encumbrances including the mortgage to Jack W. Richardson in the face amount of $150,000 dated May 4, 1993, and all real estate taxes and assessments against the property. For as long as Wife is obligated under the mortgage to - 3 - Jack W. Richardson, Husband shall make all mortgage payments, pay all taxes and other assessments against the property and shall maintain fire and casualty insurance on the property in amounts sufficient to cover the balance of the m~rtgags and shall pay all insurance premiums. Husband shall indemnify and hold harmless Wife from any liability for any said payments and obligations, including reasonable attorney's feeD and costs. 9. Husband shall maintain as his sole and individual property, all of his interest in the business known as Richardson Funeral Home and Richardson Funeral Home, Inc. and the corporate stock and all assets of the business and Wife shall release any and all claims or rights that she has or would have to the business. 10. Wife shall retain as her sole property her pension interest in the Public School Employees Retirement System and Husband releases any claims or rights that he has or would have in Wife's pension with the Public School Employees Retirement System. 11. The parties shall continue to maintain the c',\stodial accounts for the children which art! currently at West Shore Teachers Federal Credit Union and Husband and Wife shall be named as joint custodians over said accounts. 12. Except as otherwise provided herein, Wife hereby wan'ants and represents that she has not heretofore incurred any debt or obligation for which Husband now or in the future is or may become liable. With respect to any such obligation incurred by Wife, - 4 - whether solely in her name or jointly, she agrees to pay same and to indemnify and hold Husband harmless therefrom, including costs and reasonable attorney's fees. 13. Except as otherwise provided herein, Husband hereby warrants and represents that he has not heretofore incurred any debt or obligation for which Wife now or in the future is or may become liable. With respect to any such obligation incurred by Husband, whether solely in his name or jointly, he agrees to pay same and to indemnify and hold Wife harmless therefrom, including costs and reasonable attorney's fees. 14. Neither party shall, after the date of this Agreement, in any manner incur debts or other obligations obligating the other or incurring any debt in the name of the other, and each party shall indemnify and hold harmless the other party of any such debts or obligations, including costs and reasonable attorney's fees. 15. Each party agrees that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted in lieu of all claims or demands either may have or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife each waive all claim and right to seek from the other any payment for support, alimony or alimony pendente lite. 16. Wife does hereby release, remise, quitclaim and forever discharge Husband and the estate of Husband from any and every - 5 - claim that she now has, may hereafter have, or can have at any time against Husband or against his estate, or any part thereof, whether arising out of any formal contracts, engagements or liabilities of Husband; arising by way of dower or claim in the nature of dower, widow'S rights, or under intestate law; arising by any right to take against Husband's Will; arising under the Divorce Code including claim for any determination and distribution of property, claim for alimony and claim for attorney's fees, costs and alimony pendente lite; or arising by any other nature whatsoever; excepting only those rights accruing to Wife under this Agreement. 17. Husband does hereby release, remise, quitclaim and forever discharge Wife from any and every claim that he now has, may hereafter have, or can have at any time against Wife or her estate, or any part thereof, whether arising out of any formal contracts, engagements or liabilities of Wife; arising by way of courtesy or claim in the nature of courtesy, widower's rights, or under intestate law; arising by any right to take against Wife's Will; arising under the Divorce Code including claim for any determination and distribution of property, claim for alimony, and claim for attorney's fees, costs and alimony pendente lite; or arising by any other nature whatsoever; excepting only those rights accruing to Husband under this Agreement. 18. Each of the parties agrees to execute an Affidavit of Consent and Waiver of Counseling and Waiver of Notice of Intention - 6 - to Request Entry of Divorce Decree pursuant to the Divorce Code, 23 Pa. C.S.A. Section 330l(c). At the request of either party, this Property Settlement Agreement shall be incorporated into but not merged with the Divorce Decree. 19. Husband and Wife shall have shared legal custody of their children Ryan M. Murray (born August 21, 1985) and Lindsay N. Murray (born June 26, 1991). For purposes of this paragraph, Husband shall hereafter be referred to as Father and Wife shall hereafter be referred to as Mother. a. Father shall be the primary physical custodian of Ryan and Mother shall be the primary physical custodian of Lindsay. b. Father shall have partial physical custody of Lindsay every other weekend commencing Friday evening and ending Sunday evening. Mother shall have partial physical custody of Ryan on alternating weekends commencing Friday evening and ending Sunday evening. The weekends shall be alternated so that both children shall be with Father one weekend and both children shall be with Mother the following weekend. During the school year, each child shall be returned to the other parent by 8.00 p.m. on Sunday evenings. c. The Christmas holiday shall be rotated as follows. Segment A. December 24 at 6.00 p.m. through December 25 at 2:00 p.m. Segment B. December 25 at 2:00 p.m. through - 7 - December 26 at 2:00 p.m. During even numbered years, Father shall have the children for Segment A and Mother shall have the children for Segment B. During odd numbered years, Father shall have the children for Segment B and Mother shall have the children for Segment A. d. The Thanksgiving holiday shall be rotated as follows: Segment A: Thanksgiving eve from 6:00 p.m. to Thanksgiving Day at 4:00 p.m. Segment B: Thanksgiving Day at 4:00 p.m. through the day after Thanksgiving at 4:00 p.m. During even numbered years, Father shall have the children for Segment A and Mother shall have the children for Segment B. During odd numbered years, Father shall have the children for Segment B and Mother shall have the children for Segment A. e. Transportation to and from the parties houses shall be shared. When Father has a period of physical custody of all the children, he shall transport the child for whom he is not the primary physical custodian from Mother's residence at the beginning of his custodial time and return the child to Mother's residence when his custodial time ends. When Mother has a period of physical custody of all the children, she shall transport the child for whom she is not the primary physical custodian from Father's residence at the beginning of - 8 - her custodial time and return the child to Father's residence when her custodial time ends. f. Each parent shall have the children for one interrupted week, from Saturday to Saturday, during the summer. Father and Mother shall cooperate in scheduling each of their weeks. g. Each parent shall provide adequate sleeping and living accommodations for the children when he or she has physical custody of the children. Each child shall have his or her own bed. h. The parties shall exert every reasonable effort to maintain freB access and unhampered contact between the children and each of the parties and to foster a feeling of affection between the children and the other party. Neither party shall do anything which may estrange the children from the other party or injure the children's opinion as to the Mother or Father or which may hamper the free and natural development of the children's love and respect for the other party. Both parents shall refrain from making derogatory comments about the other parent in the presence of the children and to the extent possible shall prevent third parties from making such comments in the presence of the children whether "sleeping" or awake. 20. Husband and Wife mutually agree to execute such documents - 9 -