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HomeMy WebLinkAbout99-02642 .:' ."~.. ,,'';,': :,' :;,:~ ',>'~ "':','~:~": "';",~ :~:~li;;::'::}S~;::;~~:':~L~-L_~:/:,\::;'..'", :':"t;~,~:,,:',.::<,:\,':'::, ";~;_;":";:.".'i :<, :,:::: ';" '. '., . PROPERTY AND SEPARATION AGREEMENT This Agreement made and entered this j L day of (/1//1.',< /1, ,2000, by and between Douglas E, Maus. hereinalter referred to as Husband, and Lisa J. Maus , hereinaf1er referred 10 as Wife, witnesseth: WHEREAS, the parties hereto are husband and wife, they having bcen married on or about October 28, 1989, in Perry County, Pennsylvania; and WHEREAS, the parties hereto have ceased to cohabit together as husband and wife; and WHEREAS, both and each of the parties hereto have been advised of their right to seek legal counsel and that said legal counsel would explain to them their legal rights and the implications of this Agreement and the legal consequences which may and will ensuc from the execution hereof; WHEREAS, Wife acknowledges that she is thoroughly conversant with and accurately knows the size, degree, and extent of the estate and income of Husband, and Husband acknowledges that he is thoroughly conversant with and knows the size, degree, and cxtent of the estate and income of Wife; WHEREAS, each of the parties hereto in the negotiations leading to and in the execution of this Agreement have been represented by legal counsel and are aware of their respective legal rights, Wife having been represented by Robert], Mulderig, Esquire and Husband being represented by Anne M, Shepard, Esquire, WHEREAS, the parties hereto wish finally and for all time to settle and determine their respective property and other rights growing out of their marital relation; wish to live separate and apart; and, wish to enter into this property and separation Agreement. NOW, THEREFORE, in consideration of the promises and mutual undenakings herein contained, intending to be legally bound hereby, the parties do mutually agree as follows: I. SEPARA nON: The panics may and shall continue to live apart for the rest of their lives, Each shall be free trom interference. direct or indirect, by the other as fully as though unmarried, Each may for his or her separate benefit. engage in any employment. buroiness or profession he or she may choose. 2, MUTUAL ESTATE WAIVER: It is the intention of the parties hereto that from and af1er the date of this Agrwment, neither shall have any spouse's rights in the properly or estate of the other. and to that end. both waive. relinquish and fl:)febear their rights of dower or cunesy, right to inherit, rights to claim or take a husband or wife's or family exemption or allowance. to be vested with letters of administration or testamentary. and to takc against any will ofthc other The parties fimhcr agrce that the~' may and can hcreatler. as though unmarried. without any joinder by him or her. sell. convey. transter. ,mdior encumber any and all real estate and personal property which either of them now or hereat1er olms or possesses and fimher agl<,'c Ihat thc recording of this Agrcement shall he wnclusi\'c evidence to all of his or her right to do so And , , ,- . . .' ., the said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given become necessalY, the right and power to appoint one or more times any person or persons, whom Husband and Wife shall designate, to be the attorney in fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quitclaims or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise, Each of the parties hereto further waive any right of election contained in Chapter 22 of the Pennsylvania Probate. Estates and Fiduciaries Code, 3, DEBTS: Except as otherwise herein expressly provided, the parties shall and do hereby mutually remise, release and forever discharge each other from any and all aClions, suits, debts, claims, demands and obligations whatsoever, both in law and in equity, which either of them ever had, now has, or may hereafter have against the other upon or by reason of any matter, cause or thing up to the date of the execution of this Agreement. In the event that either party becomes a debtor in bankruptcy or financial reorganization proceedings or any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor spouse, and the debtor spouse hereby assigns, transfers, and conveys to the creditor spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert than any obligation hereunder is discharged or dischargeable, The failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of conditions precedent, shall not in any way void or alter the remaining obligations or either of the parties, 4, PERSONAL PROPERTY: The parties have undertaken an orderly disposition of their personal property and that personal property currently in the possession of each shall hereafter be deemed to be his/her sole and separate propeny, free and clear of right. title, or claim of marital property interest therein by the other, (a) All the furniture, furnishings. household goods and appliances, fixtures and appurtenances. books and works of art, and other items of personal property (except only the items enumerated in subdivision b next following) presently located in the home formerly occupied by the panics and now occupied by the Husband shall constitute the sole and exclusive propeny of Husband as to which propeI1~' Wite hereby transfers all his right. title and interl,st thereinto Husband (b) Except as othef\"ise hereinabove provided. each of the panics shall hereafler own, have and enjoy, independelllly of;lI1Y claims or right of the other party. all items of real and personal property. tangible and illlangible. now or hercafler belonging to him or her and now or hereafter in his or her possession. with full power to him or her to dispose of the same as fully and effectually. in all respects and for all purposes. as though he or she were unmarried, As to all sucn property, each party transfers all his or her rignt, title and interest therein to the other, respectively, 5, REAL PROPERTY: The parties hereto acknowledge and agree tnat tney are owners by the entireties of a certain improved tract of real estate situate in Cumberland County, and more specifically described in Cumberland County Deed Book Volume 34B, Page 778 and Deed Book Volume 34B, Page 781. For and in consideration of the mutual covenants and agreements herein contained in the body of this Agreement, Husband furtner agrees to refinance the mortgage on said improved tract of real estate within sixty (60) days of tne execution date of this agreement and to distribute to Wife eleven thousand, five nundred ($11, 500) dollars at the expiration oftnree business days after the refinancing, Wife further agrees to transfer all her right, title, and interest to said improved tract of real estate at the time of the refinancing, 6, DIVORCE: Wife nas commenced an action for divorce from Husband pursuant to Section 3301(c) oftne Pennsylvania Divorce Code (Irretrievable Breakdown) by the filing ofa complaint on May 3, 1999, Botn parties shall, at tne time oftne execution of this Agreement, furnish Wife's attorney with affidavits evidencing tneir consent to tne divorce as well as their intention to waive notice of entry of decree, It is furtner agreed and understood that any decree of divorce issuing in this matter snail reflect the fact tnat Wife will bear the costs of same in ner individual capacity, (a) Each of the parties agrees that this Agreement represents a complete and final agreement as to their respective property rights wnich arose from the marital relation and therefore mutually waive any and all rights they may have under Section 3502 (Equitable Distribution) of the Pennsylvania Divorce Code, Act No, 1980-26, (b) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein, Notwithstanding such incorporation, this Agreement snail not be merged in the decree, but shall survive the same and shall be binding and conclusive on the panies for all time, 7, ALIMONY PENDENTE LITE AND ALIMONY: Husband and Wife do hereby waive, release and give up any rights they may respectively have against the other for alimony, SUPPOI1 or maintenance, It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective panies to sustain themselves without seeking any support from the other party, 8, VEHICLES: Husband shall keep his vehicle and Wife agrees to execute any necessary documents to transfer all her right, title and interest in said vehicle within ten (IO) days of a wrillen request by Husband for said execution. and Wife shall keep her vehicle, Wife shall keep her vehicle and Husband agrees to execute any necessary documents to transfer all his right, title and interest in said vehicle within ten (1<)) days of a wrillen request by Wife lor said execution. C) COUNSEL FEES AND COSTS Each party shall be solely liable lor their own counsel fees and costs related to the divorce and the preparation of this Agreement. 10, EQUITABLE DISTRIBUTION: By this Agreement, the parties have intended to effect an equitable distribution of their marital property, The parties have detennined that an equitable distribution of such property conforms to a just and right standard with due regard to the rights of Husband and Wife, The distribution of existing marital property is not intended by the parties to constitute, in any way, a sale or exchange of assets, and the distribution is being effected without the introduction of outside funds or other property not constituting a part of the marital estate, I}, APPLICABLE LA W: This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, 12, MODIFICATION AND WAIVER: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both the parties, No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent breach or default of the same or similar nature, 13, BANKRUPTCY: The respective duties, covenants and obligations of each party under this Agreement shall not be dischargeable by bankruptcy. but if any bankruptcy court should discharge a party of accrued obligations to the other, this Agreement shall continue in full force and effect thereafter as to any duties, covenants and obligat ions accruing or to be perfornled thereafter. 14, RECONCILIATION: The parties shall only effect a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation which action if not consummated by the aforesaid agreement. shall not affect in any way the legal effect of this Property and Separation Agreement or cause any new marital rights or obligations to accrue, 15, ENFORCEABILITY AND CONSIDERATION: This Agreement shall survive any action for divcrcc and decree of divorce and shall forever be binding and conclusivc on the parties. and indcpendent legal action may b(~ brought to enforce the terms of this Agrecment by either Husband or Wife until it shall have bcen fully satisficd and pcrfornlcd, Consideration for this contract and Agreement is to be found in the mutual benefit to be obtained by both parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for the mutual undertakings herein set forth is stipulated. confessed and admitted by the panics. and the parties intend to be legally bound hereby, 16. DUTY TO EFFECTUATE AGREEMENT Each party shall. at any time and from time to time hereaftcr. take any and all steps and execut(\ acknowledge and deliver to the other party any and all funher instrumcnts and assurances that the other pany may reasonably require for thc purpose of giving full force and eOcct to thc provisions of this Agrecment. In addition. thc panics hereto agree that within ten ( I{)) days of the datc of submission by the other party. eithcr party shall sign any documcnt necessary for thc completion and etlcclualion of the tenns of this Agreement. Any costs, including attorney's fees, necessitated by enforcement of this Agreement shall be borne by the party reti.1sing to honor the terms and conditions of this Agreement, 17, NOTICES: Any and all notices given hereunder sball be in writing and shall be sent by registered mail, return receipt requested: (a) To the Husband at 115 Foltz Road, Shippensburg, Pa, 17257, {b} To the Wife at RD #1, Box 135. Blain" Pa, 17006, {c} If either party shall move they shall provide the other party with a forwarding address for notification purposes, 18, WHOLE AGREEMENT: This Agreement constitutes the entire understanding of the parties It supersedes any and all prior agreements between them, There are no representations or warranties other than those expressly herein set forth, 19, CAPTIONS: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way affect this Agreement, 20, DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date, Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. AND further the parties hereto covenant and agree that this Agreement shall extend to and be binding upon their heirs, devisees, executors, administrators and assigns, of both and each of the parties hereto. AND the parties hereto state that he or she. in the procurement and execution of this Agreement, has not been subjected to any fraud, concealment, overrcaching, imposition, coercion. or other unfair dealing on the part of the olher, or on the part of the other's counsel. IN WITNESS WHEREOF. the parties have set their hands and seals to two counterparts Oflhis Agreement, each of which shall constitute an original, the day and year first above written, WITNESS /~~/nJ;W:d.:l~(_ 0~ '{/. D3.-I,L}L,,-_~_f_H(i]~(SEAL) Doug.!is E. Maus A~J' , / ( , .I,)" 'f I y-; /, /2tyrZ~A Lisa.l ~lau7' ,7 11clu..L____(SEALl LISA J. MAUS, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99- ;u, '1.2- CIVIL TERM DOUGLAS E. MAUS, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Lisa J. Maus, an adult individual, currently residing at RD #1, Box 135, Blain, Perry County, Pennsylvania. 2. Defendant is Douglas E. Maus, an adult individual, currently residing at 115 Foltz Road, Shippensburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on October 28, 1989, in Perry County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing I this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties have lived separate and apart since May 1, 1999 and continue to live separate and apart as of the date of this Complaint. 10. The parties' marriage is irretrievably broken. ~ J ~ ~~ ..... ~ f ~~ vj ~ ::l ~ \~ , . N .., \ . 5 \2 ..... '" " ;;- "" ~ <> "1 ...... '1 g ~ "\ ~ e >- ~ "- l.l.,!~) f.~r: p. .-' rl~i; 1"'( F-",,:r. _.:/.. u.! ~~. t.": " o ,.... (:; '3 c!~ '-J L_ ",:t .'~;"'':. ,~:J!i ~-"'.1g? :5 u ...:3 it t"'"") I -- ::;:.: ~ (}-, c.::,\ ~- .:J !:":'; (.; , .~,- . .~.. ;",-. rr) , . c' ~J .-.. " (.;- ...:~. r::') --.) CJ U ': ; ,.'. ~:, "" .,:; '.'; ,'<-:.',' .:.>. ,'.. ';'. ..;.,...;.~,;.:~; d,' ';', '::.;:::f;';;~:'~::"..::- .:: ;' :,j,:,':,:: :,: <'....;.:,,:: :,.' .:,,:,: ;";,.i<",:-: . ',.... ::. "::,"" _c>>,' . LISA J. MAUS, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-2642 CIVIL TERM : CIVIL ACTION - CUSTODY DOUGLAS E. MAUS, Defendant WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(cJ 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. ~4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Jj -:) 7-00 Date 12 . .2 )~ltL 7 ,/t(,}(f v, L,c",-, Lisa J. Mauo/' . .. " I >- ( " .:J ~-: ,_.+ ",'., .. ; " " , '- , ;, .- .. .- oj '-- . , .j , , u :':'" J .~ -" !~- " " " , . I ;-! J "? i ;-::... ~ '.J .- , ,,- . '- '~:.'J :'J '. " . -' - . :~:'. \ ... I ~ " :.::., '.~ ~: ~.: ': '.' > ~', ,::. ;,,:' ,,': : .....'.. " '. :',...~. 'j~" ~., :",.'. ::: :/'.': "'~'. "'c',.- " ;,' :,;,: l ';, ':.: ~ . ~I," : '.:" 'or :'::::<", :'~'> .".'~ '." ~{, " .r'r'::""~'" ;;'~ I " 'II: ':..'.~.:; ~ ':. ' '. ,.,' , I, '1 '. t~, . ',,\., .';-" . <,,,rt~cl'::.~~.I"~I!t11':',,;;:.'rl~~~:..1;.:;;.;Yto=It'l-.~,,...'I\"\"\': r,,,....,,. ~~" :..\ " . " ... ,", .;-',' \ " , " ',' ~ " "" ,,- , .....-.....- -...~. " . ,;,.., :' . '/ ""::,;"",'" .....'.:. ....:1\ ,:, ," Juro Law Offices 'AtIl>mers&counseidrs.AtLiw , '. 32Soulh Bodion:t 5lTM1 . '. 'Calli.., PA 17013 (nn 2<15.9688' -/,", .. ,-,', "'.'''''' f5~~f~i_:i,',I..~..".,''; ',:;',i' '::-:::';'t.' ;,~::;L,rL~ ::';~:;~'t,i'(l;~ ~ :~~,-..:. ~ '"-:''!;;:: , :~ ,-~ . - .... i.~_ ,7 '1"~ f ,,: ''.' <~~>' :""~,'. ,1.\ '~', ':;~~:l':". I~:~";<!/<:,~,'>:,:;~,~,:{,';'~~ ";',\,~:-~:<i~~ : .:': .:' ..~. .~:I:T;.'. ,~.'.".,'," <~<:.'/'~ ::'(.~ ~ 1 7~"; {. ;.' : ' .' .' . .' . -:..: ',II ~ " ,'. '>- i.::; ,::,-- I.~ ' ' ( , (: ~ C;:', , <'I lr. ,'oJ ;> to:: " c_ c: L,' , LL :""~" .' t,!_ L} ::., C;'\ (j '" .' LISA J. MAUS, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99- ..It, '(2-- CIVIL TERM DOUGLAS E. MAUS, Defendant : CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this _ ',,::> day of -1:.k~ ' 1999, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before n 1"-)'\ \. X . C;,\ (0-'1 ' Esq., the Conciliator, at '\\Y 4\"'~\.~\~rlt,'\tr\(::\Co (l~J\~~'i{ on the \ day Of~, 1999, at q .')\J A..M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the ) scheduled conference or hearing. i YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO i 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, I ! Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LISA J. MAUS, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99- .2<.- 1:2-- CIVIL TERM : CIVIL ACTION - CUSTODY DOUGLAS E. MAUS, Defendant COMPLAINT FOR CUSTODY 1. Plaintiff is Lisa J. Maus, an adult individual whose residence is at RD #1, Box 135, Blain, Perry County, Pennsylvania. 2. Defendant is Douglas E. Maus, an adult individual whose residence is at 115 Foltz Road, Shippensburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of her child Chelsea Marie Maus, born October 27, 1993, currently residing at RD #1, Box 135, Blain, Perry County, Pennsylvania. 4. The child is presently in the custody of Plaintiff. 5. Since the child's birth, the child has resided at the following addresses: Name Address Dates Lisa Maus RD #1, Box 135 Blain, PA 17006 May 1, 1999 Present Douglas Maus Lisa Maus 115 Foltz Road Shippensburg, PA 17257 Birth to May 1, 1999 6. The relationship of the Plaintiff to the children is that of natural mother. 7. The relationship of the Defendant to the children is that of natural father. 8. The Plaintiff has not participated as a party or in any other capacity, in III other litigation concerning the custody of the child in this or any other Court, 9. Plaintiff has no information of a custody proceeding concerning the child I pending in a Court of this Commonwealth. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is the primary care giver with respect to the child. LISA J. MAUS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 99- CIVIL TERM DOUGLAS E. MAUS, Defendant : CIVIL ACTION - CUSTODY VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. S-I-9C\ Date ~ ),~ ' ,,'- ..) Lisa J. Maus . "..' '".~ >\ .," ~'/"', . '..;' :':,':":d"":,:,,.~':~;";;"'~~','..!i. .~::~~ ::'.I~";~\;''','_:''''''":''J,,'<'://;:'\'''~r,'"..:..,''.,:, '.:''', ".,~;::-'.' ,0,: ,.:.:.'n,':',f,...,. ,," - '. ','''',:,''','' . ~:', "I "" 2: --. ~~ .",J __ () .,'..... :~;)g: ~) ~41 rC'-j;: . . , .~~ 'h~J .....:.- :~; U >- (1: ;.:; f..u!.':) C)..' .-;~ (') '1: .... r) I:': l' f' (",,!.,- ' Li~1 :..:_ it': . ~', . ,.. t, (i .. ~ -. [> C"') , - .- =:~ ~- CI) <.:n .;', ':, l~ ..,.\> ~ ~:', !.'~ .:' : '>.' ;. \:" ~'{ .~', ':~:< ',~ .~~ ~'. :.:~ :/,\', .": ;":::; :,~'/ ~:)~:~:~i'):,(,~.;.: ,,~" '> ,:,;:,"':.; _~I:'~':~\")'\" ~,I: ".\_ ~: ,~- ,:, ~ "i( "r ;',;~ :;, ," ":"'. ~ .'i' / .:;', '..; .' . . , LISA J. MAUS, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-2642 CIVIL TERM : CIVIL ACTION - CUSTODY DOUGLAS E. MAUS, Defendant AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of the Custody Complaint filed in the above captioned case upon Douglas E. Maus, by certified mail, return receipt requested on May 11, 1999 addressed to: Douglas E. Maus 115 Foltz Road Shippensburg, PA 17257 and did thereafter receive same as evidenced by the attached Post Office receipt card dated May 13, 1999. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. TURO LAW OFFICES ':)/;7/;~' Date . --":z--,'; ,., /~tA:z;'~'.f/J ,. '.../1'" ',~_ c'i... 'I{ .' {~(/!I.s- Robert J~'Mulderig, Esquir 32 South Bedford Street Carlisle, PA 17013 (717) 245.9688 Attorney for Plaintiff \' 'i,",': ':;':>'<';:'.Y:,""'~:'~. .~,::l. ,', /':',..:'.,,1 ',' .:.~:;',~::'r.'.:~'~:r/:f.~':../; n"~':':~""'~'t,:!,::"f.>:':'.'.,::~.::"~::':~<:':";',',>'..:,:<r~,,;. :-~-:-':~',~~:, ". .,~ 't": ';':. : "'. + _h_.h.___ Maus - Custody Z 452 476 415 us Postal Service Receipt for Certified Mall No Insurance Coverage Provided. 00 not use lor International Mall SOD fBVSlSO Scntfo Dou las E. Maus Slreet & Number 115 Foltz Road Po~ Qf1icc. Stato. & liP Code Snlppensburg, PA 17257 POSUl~ $ .55 eerofood F.. 1 . 3 5 Special Delivery Fee Restriaed DeUVtlry Fw on ~ Retum Receipt Showing to ..... Wh::lm & Oalo Oe~vemd '[ Ret\m I\eco;ll Shomg "\\110m, < oato. & Mtessee', Adr:ioss g TOTAL P....II<' &F... '" M Postmal1( or Oalo E o LL le 1.10 $ 3.00 May 11, 1999 ....l._ '... j ... I ~ , 5 J .Complet. ~mt t MCUor 2 lor IdclltionIII MfVicu, eCcmpl..lIfWnI3, 4, and 4b. .Prinl yow name end Iddreu on IhI< revoru of thla form 10 that WI can"'OO1 tti. _to you, . Att.Icn .. form to the fronl: of Iht rn&l!Jl*e. or on thI bKk If apaot doeI not .~~~atum nlOl/pl R6q~ on the maipIeoe below the ortl:::lo 1'IUn'tMw~ .n. Ranm RIOIipI wIIlhow 10 whom thI artide WI' deIMnd and the da1e - 3. Arlk:Ie AddrooS8d 10: Douglas E. Maus 115 Foltz Road Shippensburg, PA 17257 I also wish 10 recelve lhe lollowllllll<lrvice. (lor an extra lee): i 1. 0 A(id~'. ,&d1",.. . 2. 0 RflSlrIctlld Delivery Consult poslma$!er lor foe. I 4a. Article Number Z 452 476 415 I 4b. Sorvlce Type a Rogloterod ~Ctll1lftec! a Exp..... Mall a InfiUtQd f Rolum~fotMorttlard.. a COD 7. Dell of Delivery q .l 5" -/3. 'j !. 8. Add......'. Addl'e.. (Only H requesl&d -.1 and IN Is pIilM) ~ .!! Domestic Return Receipt ., ," >- 0 E ~ C J_ c;. ::;:?< UJQ (::l:;~ ~~? r~ -- ()~ p- ',.' ~" ':1 ::i !~ 2:: (-' ", >s.- 6" r- :'-c.fl ~b; I .,J~~ i::'"4l!1 -l 'EiD !-.M!_ :::> (.0 c.. r=- --, ',- -,~ II. 0'> :.:.> 0 0'> () LISA J. MAUS, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-2642 CIVIL TERM : CIVIL ACTION - CUSTODY DOUGLAS E. MAUS, Defendant CUSTODY STIPULATION AND NOW, this day of , 1999, it is hereby stipulated and agreed between the parties as follows: 1. Chelsea Marie Maus, born October 27, 1993 is the natural child of Douglas E. Maus and Lisa J. Maus. 2. Shared legal custody of the child as contemplated by the Act of November 5, 1981, P.L. 322, 23 P.S. 91001, et seq., will be in both of the parties, as the natural parents. 3. Primary physical custody of the child shall be in the mother subject to the following periods of partial physical custody with the father: a. Every other weekend from Friday at 5:00p.m. through Sunday at 5:00p.m. b. One full week during the summer school vacation. Father shall notify mother of his proposed one week of summer visitation by May 1 of each year. 4. Alternating holidays from 8:00a.m. to 7:00p.m. The holidays shall be New I Year's Day, Good Friday, Memorial Day, 4th of July and Labor Day, with the mother having custody on Memorial Day 1999. I 5. The parties shall alternate the Christmas holiday. The father shall have II custody of the child from 6:00p.m. Christmas Eve until 3:00p.m. Christmas Day in odd I numbered years and the mother shall have this period in even numbered years. The II II mother shall have custody of the child from 3:00p.m. Christmas Day until 6:00p.m. I December 26 in odd numbered years and the father shall have this period in even , I 'I numbered years. q 'I i! 1/ 6. The parties shall split Easter Sunday with the father having physical custody of the child from 9:00a.m. until 1 :OOp.m. in even numbered years and the mother shall have this period of physical custody in odd numbered years. The mother shall have physical custody from 1 :OOp.m. until 5:00p.m. in even numbered years and the father shall have this period of physical custody in odd numbered years. 7. The parties shall split Thanksgiving Day with the father having physical custody of the child from 9:00a.m. until 1 :OOp.m. in odd numbered years and the mother shall have this period of physical custody in even numbered years. The mother shall have physical custody from 1 :OOp.m. until 5:00p.m. in odd numbered years and the father shall have this period of physical custody in even numbered years. 8. Mother shall have physical custody from 8:00a.m. until 5:00p.m. on Mother's Day and Father shall have physical custody from 8:00a.m. until 5:00p.m. on Father's Day. 9. The party receiving custody shall provide transportation from the custodial parent's residence. 10. The exchange of custody shall occur at the custodial parent's residence, unless other arrangements are made and agreed to by both parties for an alternate place for the exchange of custody. 11. The custodial parent shall inform the non-custodial parent immediately of all medical appointments and problems pertaining to the child. 12. Neither parent shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent or hamper the free and natural development of the child's love and respect for the other parent. ,I 13. Both parents shall have liberal and reasonable telephone contact with the child when the child is in the custody of the other parent.