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HomeMy WebLinkAbout08-1011PAMELA MUELLER IN.THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. Os- 101( Civil I?rr? KEITH MUELLER, CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment maybe entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES -0R EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff PAMELA MUELLER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. : No. CAP - /o / l 7_21. KEITH MUELLER, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE Plaintiff is Pamela Mueller (hereinafter referred to as "Wife"), who has resided at 593 Geneva Drive, Apt. 11, Mechanicsburg, Cumberland County, Pennsylvania, 17055, for the last five (5) months. 2. Defendant is Keith Mueller (hereinafter referred to as "Husband") who has resided at 2165 Merrimac Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17055 for the last six (6) years. 3. Wife and Husband have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Wife and Husband were married on June 30, 1990, in Mechanicsburg, Cumberland County Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. Wife and Husband are both citizens of the United States. Wife has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Wife does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. Wife avers that there is one (1) child of the parties under the age of eighteen (18) namely: Paige Mueller, born December 29, 1993. COUNT I - DIVORCE 10. Wife avers that the grounds on which the action is based are as follows: that the marriage is irretrievably broken. WHEREFbRE, Wife requests this Honorable Court enter a decree in divorce. COUNT II - CUSTODY 11. There is one (1) child born to this marriage, namely: Paige Mueller, born December 29, 1993. 12. Wife desires shared physical and joint legal custody of the minor child and is capable of giving said child the necessary parental care and a proper and healthful environment. 13. Wife avers that she is a fit person to raise the minor child and that by awarding her shared physical and joint legal custody, the best interest and permanent welfare of the child will thereby be promoted. 14. During the past five (5) years, the child has resided with the following persons at the following addresses: Name Mother and Father Father Mother Address 2165 Merrimac Avenue Mechanicsburg, Pennsylvania 2165 Merrimac Avenue Mechanicsburg, Pennsylvania 593 Geneva Drive, Apt. 11 Mechanicsburg, Pennsylvania Dates 2001 - July 2007 July 2007 - Present July 2007 - Present 15. Wife has not participated in any other litigation concerning the custody proceedings in a court of this or any other state, nor does she know of any person not a party to these proceedings who has had physical custody of the minor child or claims to have custody or visitation rights. WHEREFORE, Wife requests this Honorable Court to grant her joint legal and shared physical custody of the minor child. COUNT III - EQUITABLE DISTRIBUTION 16. During the marriage, Wife and Husband have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. WHEREFORE, Wife requests this Honorable Court to equitably distribute all property, both personal and real, owned by the parties. COUNT IV - ALIMONY, ALIMONY PENDENTE LITE ATTORNEY'S FEES AND COSTS 17. Wife lacks sufficient property to provide for her reasonable needs. 18. Wife is unable to sufficiently support herself through appropriate employment. 19. Husband has sufficient income and assets to provide continuing support for the Wife. 20. By reason of this action, Wife will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 21. Wife is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 22. Wife's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 23. Husband has adequate earnings to provide for Wife's support and to pay her counsel fees, costs and expenses. WHEREFORE, Wife requests this Honorable Court to award her alimonypendente lite, post- divorce alimony, attorney's fees and costs. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: Z q By: . SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, Pamela Mueller, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. M DATE: Z I Iq 00 9" a g ? W ? OQ D W V \yQ C J 7 ? s _ cD r iZ^ MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff PAMELA MUELLER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. Q ?l Gyu; C +L'cn^ KEITH MUELLER, CIVIL ACTION -LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Pamela Mueller (hereinafter referred to as "Mother"), who is currently residing at 593 Geneva Drive, Apt. 11, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Keith Mueller (hereinafter referred to as "Father"), who is currently residing at 2165 Merrimac Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Mother seeks custody of the following child: Paige Mueller, born December 29,1993. 4. The child was not born out of wedlock. Mother and Father currently share custody of the child on a week on/week off basis. 5. During the past five (5) years, the child has resided with the following persons at the following addresses: Name Mother and Father Address 2165 Merrimac Avenue Mechanicsburg, Pennsylvania Dates 2001 - July 2007 Father 2165 Merrimac Avenue Mechanicsburg, Pennsylvania July 2007 - Present Mother 593 Geneva Drive, Apt. 11 July 2007 - Present Mechanicsburg, Pennsylvania 6. The mother of the child is currently residing at 593 Geneva Drive, Apt. 11, Mechanicsburg, Cumberland County, Pennsylvania. She is married and currently separated from Father. 7. The father of the child is currently residing at 2165 Merrimac Ave., Mechanicsburg, Cumberland County, Pennsylvania, 17055. He is married and currently separated from Mother. 8. The relationship of Mother to the child is that of natural mother. Mother currently resides with the child. 9. The relationship of Father to the child is that of natural father. Father currently resides with the child. 10. Mother has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the child in this or any other Court. 11. Mother has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 12. Mother does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. The best interest and permanent welfare of the child will be served by granting the relief requested. 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Mother requests the Court to grant her j oint legal and shared physical custody of the child. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: 2 ?A U By: I KRI TOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, Pamela Mueller, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. DATE: 2 J ?q n ^' 0 PAMELA MUELLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-1011 CIVIL ACTION LAW KEITH MUELLER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, February 21, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland Co_unty Courthouse, Carlisle on Thursday, March 20, 2008 at 10:30 AM 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 r,? a zz w MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff PAMELA L. MUELLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1011 KEITH MUELLER, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, KRISTOPHER T. SMULL, ESQUIRE, do hereby certify that a true and correct copy of the Complaint in Divorce, was served upon the Defendant, Keith Mueller, by United States Mail, first class, postage prepaid, certified, restricted delivery, docketed to No. 7007 2680 9824 2432, on March 8, 2008, addressed as follows: Mr. Keith Mueller 2165 Merrimac Avenue Mechanicsburg, PA 17055 Date: Z 1 ?' 0" By: J Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES KMSTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff PAMELA L. MUELLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1011 KEITH MUELLER, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, KRISTOPHER T. SMULL, ESQUIRE, do hereby certify that a true and correct copy of the Complaint in Divorce, was served upon the Defendant, Keith Mueller, by United States Mail, first class, postage prepaid, certified, restricted delivery, docketed to No. 7007 2680 9824 2432, on March 8, 2008, addressed as follows: Mr. Keith Mueller 2165 Merrimac Avenue Mechanicsburg, PA 17055 Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: By: KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your'name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: (fir. e1+ P)odlcl 1 a i` S Melr,'M q C A?? u ;,Ylec6c csbul 1 P4 ,7D S6- A. Signature 0 Agent B Received by (Printed Name) C. Date of Delivery D. is Idelive d rent from item 1? 13 Yes it ress below: %WN. ?- 11 am an 3. CWAWww1jjEr,.WEVresS Mau O Regla OW 75LRetum Receipt for Merchandise ? Insured Mail O C.O.D. 2. Article Number 7007 2680 0000 9824 2432 (Transfer from service label) PS Form 3811, February 200+4 Domestic heturn ReoW 102595-02-M-1540 72> G C. MAR 2 4 2008 p4 Y PAMELA MUELLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-1011 CIVIL ACTION - LAW KEITH MUELLER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 20th day of March, 2008, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, acq ine M. Verney, Esquire, Custo Conciliator -- -`°.:7 y - ?? ... ? ?,? YTLTI ? [„?„_. _... ..y+ _ . S 7?f _ Y ::y ty ., w,.: "? PAMELA MUELLER IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 08-1011 KEITH MUELLER, CIVIL ACTION -LAW Defendant IN CUSTODY STIPULATION FOR CUSTODY JV\ AND NOW, this day of , 2008, the parties, having the best interest of their minor child Paige Mueller, born December 29, 1993, in mind, do hereby agree and stipulate as follows: 1. Plaintiff, Pamela Mueller, (hereinafter referred to as "Mother"), is an adult individual currently residing at 593 Geneva Drive, Apt. 11, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, Keith Mueller, (hereinafter referred to as "Father"), is an adult individual currently residing at 2165 Merrimac Avenue, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties agree to share legal custody of their minor child. All decisions effecting the child's growth and development including, but not limited to: medical and dental treatment; psychiatric or psychological therapy or like treatment; decisions relating to actual or potential litigation involving the child, directly or as a beneficiary, other than custody and litigation; education, both secular and religious; choice of camp, if any; athletic pursuits and extra curricular activities shall be considered major decisions and shall be made by the parties jointly, after discussion and consultation with each other and a view toward obtaining and following a harmonious policy in the child's best interest. The parties shall endeavor to speak with one another before making any decisions effecting the schedule of the child. The parties further agree that neither shall unilaterally make decisions regarding the child's time that would effect the custodial time of the other parent. 4. The parties shall share physical custody of the child as follows: (a) The parties' periods of custody shall alternate weekly with the custodial exchange taking place each Sunday at 6:00 p.m. (b) Each party shall be entitled to a mid-week period of custody during the other party's custodial week. Said mid-week period shall begin after work and end at 8:00 p.m. Said period of custody shall take place on Tuesdays unless otherwise agreed upon by the parties. 5. The following holiday and vacation schedule shall apply to the minor child unless otherwise agreed upon by the parties: (a) Christmas: Father shall exercise physical custody every December 24 beginning at 12:00 noon and continuing overnight until December 25 at 12:00 noon Mother shall exercise physical custody every December 25 from 12:00 noon until December 26 at 12:00 noon when the parties' regular custody schedule shall resume. (b) Other holidays: The parties shall alternate custody of the child on all other holidays. Other holidays shall be defined as Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving. The party who has custody on the holiday shall have custody from 10:00 a.m. to 9:00 p.m., except on July 4 when the party in custody may return the child after the completion of the local fireworks. Mother shall have Easter 2008 with custody on the remaining holidays alternating thereafter. (c) Every Mother's Day with Mother from 10:00 a.m. through 9:00 p.m. Every Father's Day with Father from 10:00 a.m. through 9:00 p.m. (d) Each party shall be entitled to two (2) uninterrupted, non-consecutive weeks of vacation with the child during her summer break from school. Said periods of vacation shall be taken during the party's custodial week and no make-up time shall be given for the other party's midweek visit. Should either party travel away from home during their period of custody, they shall provide the non-custodial parent with an address and land-line telephone number where they can be reached. 6. Transportation shall be shared by the parties with the party receiving custody being responsible for pick-up. 7. The parties may modify the schedule as set forth above as they may agree to be in the best interest of the minor child, and the parties are encouraged to be flexible in accommodating reasonable requests for scheduled changes. 8. Neither Father nor Mother shall use any controlled substances in the presence of the child nor shall they consume alcohol to the point of intoxication in the presence ofthe child during any period of visitation. 9. The non-custodial parent at any given time shall have reasonable ongoing telephone access to the minor child, and the minor child should not be precluded from telephoning the non- custodial parent at reasonable times. Should the minor child be unavailable to receive a telephone call from the parent, the custodial parent shall be responsible for having the child return the telephone call. 10. Each party shall keep the other advised of a current address and telephone number. 11. The parties shall communicate directlywith each other regarding the minor child, and shall not allow any interference from any third persons. The minor child shall not be used as an intermediary. All contact between the parties, whether in person or by telephone, shall be polite, civil and respectful. 12. The parties shall not conduct or permit arguments or heated conversations in the presence or hearing of the minor child. 13. Neither Father nor Mother shall do anything to estrange the child from the other parent, and both shall encourage the child's relationship with the other parent. Specifically, neither parent shall make, or permit any other person in the household to make any remarks or do anything which in any way could be construed as derogatory or uncomplimentary to the other parent. It shall be the one express duty of each parent to uphold the other as one whom the child shall respect and love. Additionally, neither parent shall make any derogatory or uncomplimentary remarks about the friends, companions and relatives of the other parent in the presence of the child. 14. Each parent shall keep the other advised on an ongoing basis of the schedule of all curricular and extra curricular activities and events in which the minor child is engaged. Both parents shall have the right to attend these activities and events and participate in them to the extent parents are normally allowed or encouraged to do so. During scheduled periods of custody, both parents shall be responsible for the child's attendance at regularly scheduled activities and special events. 15. Both parents shall fully share information including oral and written reports, regarding the minor child concerning all aspects of her life, including, inter alia, religion, summer activities and friends. Both parents shall take part in all major decisions concerning the minor child; and both parents agree to cooperate to the fullest possible extent in the minor child's upbringing to the end that her relationship with both parents shall be as harmonious as possible. 16. Access to information: Pursuant to 23 Pa. C.S.A. § 5309 which is incorporated into this Agreement by reference, Mother and Father shall have access to all information regarding Paige Mueller, born December 29, 1993. Neither party shall unreasonably fail to provide the other parent such access. This provision of this Stipulation and Agreement shall be sufficient for any physician, dentist, cleric, or school official to provide any information to each parent that such person would willingly provide through the law to the other parent. 17. Each party shall advise the other promptly of any illness suffered or injury sustained by the minor child. 18. With regard to any emergency decision which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other parent of the emergency and consult with him or her as soon as possible. 19. Each party acknowledges that they have been advised ofthe legal ramifications ofthis Stipulation from their respective attorneys, and voluntarily consent to this agreement. 20. This Stipulation and Order of Court shall replace and supercede any existing custody arrangements between the parties. 21. This Stipulation and Order of Court shall continue in full force and effect until further Order of Court or amended agreement in writing between the parties. 22. The parties hereby waive their right to present this Stipulation in open Court or to have their case heard by the Court at this time. 23. It is the intention of the parties that this Stipulation may be entered as an Order of Court, as if a full hearing had been held thereon and enforced pursuant to the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act 23 Pa.C.S. 54. It is agreed that, until subsequent Order of Court of competent jurisdiction, Pennsylvania shall be deemed the home state of the child, and that this Stipulation shall be considered the first custody decree or initial decree concerning said minor child. IN WITNESS WHEREOF the parties have hereunto set their hands and seals the day and year first Attorney for Plaintiff Keith Mueller Defendant 11 j:A i ' C' -D 'APR o4 200 (1.111 PAMELA MUELLER IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-1011 KEITH MUELLER, CIVIL ACTION -LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, TO WIT, this 3 r cl day of , 2008, it is hereby ORDERED and DECREED that the attached Stipulation for Custody is made an Order of this Court and said Stipulation is adopted in its entirety and incorporated herein as an Order of Court. BY THE COURT: Distribution: ` "Kristopher T. Smull, Esquire, 210 Grandview Ave., Suite 102, Camp Hill, PA 17011 ?Elizabeth S. Beckley, Esquire, 212 North Third Street, P.O. Box 11998, Harrisburg, PA 17108-1998 Copt es miaa Ld ??y?v8 t PAMELA L. MUELLER, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW JN DIVORCE KEITH MUELLER, Defendant :NO. 08 - 1011 AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 13, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. ' '?... Dated: U P ela L. r !6 t a.,,,TARY WSEP -4 Phi 1: 48 LANU 3NTY r PAMELA L. MUELLER, Plaintiff V. KEITH MUELLER, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE Defendant :NO. 08 - 1011 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. § 4904 relating to unsworn falsification to authorities. Dated: 015169... amela eller s % CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Kelly A. Sparvieri, Esquire Maria P. Cognetti, Esquire 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 DATED: FFCE O TWE MiHWTARY 249 SEP -4 FM 1= 48 ° ; - UNTY ANNA PAMELA L. MUELLER, JN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW JN DIVORCE KEITH MUELLER, Defendant :NO. 08 - 1011 AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 13, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. 011 Dated: 0? ? • ^-?? Keith Mueller OF ?rwv SEP -4 PM 1: 50 "I", IWOUNTY / -w PAMELA L. MUELLER, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN DIVORCE KEITH MUELLER, Defendant :NO. 08 - 1011 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. § 4904 relating to unsworn falsification to authorities. Dated: Keith Mueller CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Kelly A. Sparvieri, Esquire Maria P. Cognetti, Esquire 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 DATED: q---q 2F ICE. N-OTARY A •4 PIS I : 50 CL???J?t1MY PROPERTY SETTLEMENT AGREEMENT This is a Property Settlement Agreement entered into this I day of , 20(f, by and between KEITH MUELLER, of Cumberland County, Pennsylvania (herei fter referred to as "Husband"), and PAMELA MUELLER, of Cumberland County, Pennsylvania (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 30, 1990, and; WHEREAS, one child has been conceived of this marriage: Paige A. Mueller whose date of birth is December 29, 1993; and WHEREAS, unhappy differences have arisen between Husband and Wife in consequence of which they are now living separate and apart from each other; and WHEREAS, Husband and Wife are now in the process of obtaining a divorce, and, consequently, they desire to settle and determine finally and for all time both their respective financial and property rights, including any and all claims which either of them may have against the other. NOW THEREFORE, in consideration of this Property Settlement Agreement, and of the mutual promises, covenants and undertakings set forth herein, and incorporating the above "WHEREAS" clauses herein by reference, the parties hereto, each intending to be legally bound, hereby agree as follows: 1 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt or endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the other's peaceful existence, separate and apart from the other. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible, and that she shall indemnify and save harmless Husband from any and all claims or demands incurred by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible, and that he shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 2 5. OUTSTANDING JOINT DEBTS: The parties hereto mutually represent to each other that neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this Agreement. Unless and except as otherwise specifically set forth in this Agreement, all debts, obligations or liabilities incurred at any time in the past by either of the parties in their individual or joint names, shall be the responsibility of the party who incurred such debt, obligation or liability. Each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and saved harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever appertaining to such actions, claims and demands. Neither party shall, after the date of this Agreement, contract or incur any debt or liability for which the other or his or her property might be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against her or him by reason of debts or obligations incurred by her or him, and from all costs, legal costs and counsel fees incurred in connection therewith unless provided to the contrary herein. Husband will become solely and separately responsible for the Discover Card debt of approximately $10,000.00. Within fourteen (14) days of the date of this Agreement, Husband agrees to cooperate in the removal of Wife's name from this card, including executing any necessary paperwork, or, in the alternative, close the account. Husband agrees to indemnify and hold Wife harmless from any and all liability associated with said debt. Wife will become solely and separately responsible for the Bank of America credit card debt of approximately $3,000.00. The parties acknowledge that Wife has already paid this debt in full prior to the signing of this Agreement. The parties' further acknowledge that Wife's name 3 will be removed from this card within fourteen (14) days of the date of this Agreement. Husband agrees to be solely and separately responsible for an additional Bank of America debt not already paid by Wife. Husband also agrees to indemnify and hold Wife harmless from any and all liability associated with any Bank of America debt not heretofore addressed. 6. BANK ACCOUNTS AND RETIREMENT ACCOUNTS: Husband and Wife are owners of individual savings, checking, investment accounts and retirement accounts at various institutions, and Husband hereby releases all claims in and to all accounts in the name of Wife, and Wife hereby releases all claims in and to all accounts in the name of Husband, and each party shall retain as his or her separate property each account currently titled to that party. Husband and Wife agree to sign, upon request and after execution of this Agreement, any titles or any other documents reasonably necessary to give effect to this Section including any spousal waivers that may be required under the Pension Reform Act of 1974, the Retirement Equity Act of 1984, or any similar Federal or State statute that is now in effect or may be enacted. This paragraph is intended to substitute for any other statement, prepared form, or document which might be required by any plan, fund, trust, administrator, trustee or similar entity or person, so that either party may receive said benefits as if she or he were never married. 7. HUSBAND'S RELEASE: Husband does hereby release, remise, quitclaim, and forever discharge Wife and the Estate of Wife from any and all claims that he now has or may hereafter have against Wife, or in, to, or against her Estate or any part thereof, whether arising out of any former contracts, agreements, engagements, or liabilities of Wife, or by way of dower or claim in the nature of dower, spouse's right or under any intestate laws or the right to take against Wife's Will, or for equitable distribution, spousal support, alimony, alimony pendente lite, or maintenance of any other nature whatsoever, excepting only those rights accruing to 4 Husband under this Postnuptial Agreement. 8. WIFE'S RELEASE: Wife does hereby release, remise, quitclaim, and forever discharge Husband and the Estate of Husband from any and all claims that she now has or may hereafter have against Husband, or in, to, or against his Estate or any part thereof, whether arising out of any former contracts, agreements, engagements, or liabilities of Husband, or by way of dower or claim in the nature of dower, spouse's right or under any intestate laws or the right to take against Husband's Will, or for equitable distribution, spousal support, alimony, alimony pendente lite, or maintenance of any other nature whatsoever, excepting only those rights accruing to Wife under this Postnuptial Agreement. 9. MUTUAL INDEMNIFICATION: Each party represents that no debts, liabilities, or obligations have been incurred or contracted for which the other party or the Estate of the other party may be responsible or liable, except those specifically identified in this Agreement. Each party hereto shall hereafter keep the other and his or her heirs and personal representatives indemnified and saved harmless against and from all debts and liabilities contracted for or incurred by or on behalf of the indemnifying party, and against and from all actions, proceedings, claims, demands, costs, attorneys' fees and expenses incurred in respect to any such debts or liabilities, excepting, however, obligations of the parties hereto to each other under this Agreement. 10. DIVISION OF REAL PROPERTY: Husband and Wife did own jointly the marital residence, situated at 2165 Merrimac Avenue, Mechanicsburg, Cumberland County, Pennsylvania. Husband and Wife agreed that Husband would become the sole and exclusive 5 owner of the marital residence. Wife transferred all right, title and interest in and to the real estate formerly titled as tenants by the entireties to the Husband at the time of his refinance of the same. Husband paid Wife the sum of $47,000.00 as her share of the equity in the marital residence and not as alimony. Husband hereby represents that at the time of his refinance of the marital residence he assumed in full the remaining balance of the mortgage existing and constituting a lien upon and encumbering the same premises, indemnifying and saving Wife harmless from any and all liability, expense, cost or loss whatsoever, as a result of her non- payment of, or non-performance of, said mortgage, and said mortgage conditions. 11. TRANSFER OF BUSINESS INTERESTS: Husband and Wife are in a partnership with a one third share involving the development of Farm Property with Ron Freeman and Lori Willi. Husband and Wife agree that Husband will become the sole and exclusive owner of Husband's and Wife's one third share of this partnership. Wife agrees to transfer her interest in the partnership and any real property owned by the partnership, to Husband, who will become the sole and exclusive owner of the parties' one-third share of the partnership and property, in exchange for and upon receipt of the sum of $75,000.00, to be paid as follows: a. $25,000.00 at the signing of this agreement by both parties (this has already been paid prior to the signing of the agreement); b. $25,000.00 on or before October 31, 2009; and c. $25,000.00 on or before October 31, 2010. Upon receipt of the full $75,000.00 payment, Wife agrees to execute all documents necessary to effectuate the transfer of her interest in the partnership and property owned by the partnership. Husband agrees to indemnify and hold Wife harmless for any and all debts and liabilities owed in connection with this partnership and/or property owned by the partnership. 6 12. DIVISION OF PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, their personal property and the personal effects, household furniture and furnishings, and all other articles of personal property which have theretofore been used by them in common, and neither party will make any claim to any items of personal property which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. The parties acknowledge that a few remaining items of personal property remain in the marital home, such as pictures and other items of sentimental value, which the parties have agreed to distribute to Wife. 13. AUTOMOBILES: Husband and Wife agree that Husband shall be the sole and separate owner of the 2007 Honda Pilot and Wife shall become the sole and separate owner of the 2007 Honda Accord. Husband and Wife agree to assume all responsibility for any outstanding debt balance on his or her respective vehicle, indemnifying and holding the other harmless from any financial responsibility arising from nonpayment thereon. Husband and Wife agree to execute any and all instruments and documents necessary in order to effectuate the transfer of title to said automobiles. 14. LIFE INSURANCE POLICIES/SAVINGS BONDS: Husband and Wife agree to waive any and all claims and relinquish all rights and interest they may have in any and all life insurance policies and savings bonds of the other. 15. OTHER ASSETS: The parties hereby agree that as to all assets not specifically mentioned herein of which no disposition has been made under the terms hereof and which are 7 presently titled in the sole name of one of the parties hereto, or if untitled, are presently in the sole possession of one of the parties hereto, the party not having title or possession thereof hereby waives, releases, relinquishes and forever abandons any and all claim therein and acknowledges that the party having title or possession of such item or items shall be the sole and exclusive owner hereof. 16. TAXES: The parties acknowledge that prior to tax year 2008, the parties filed joint Federal and State tax returns Both parties agree that in the event any deficiency in Federal or State income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. Husband and Wife further agree that in 2008 and all even numbered years Husband will be entitled to claim the parties' daughter and in 2009 and all odd numbered years Wife will be entitled to claim the parties' daughter on their respective tax returns. This arrangement will continue as long as the parties' daughter is considered a dependent and has not made enough money on her own to file her own tax return. 17. DISCLOSURE OF ASSETS: Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure and each of the parties specifically waives his or her 8 right to engage in such discovery. Each of the parties further acknowledges that he or she is aware of, and specifically waives, his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The respective parties do hereby warrant that they fully and fairly have disclosed to the other his or her assets and liabilities and acknowledge that this Agreement is based upon the disclosures made to each other and that all property so disclosed is addressed herein. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. The parties acknowledge and agree that the division of the marital assets as set forth in this Agreement is considered fair, reasonable and equitable, and is satisfactory to them. 18. COUNSEL FEES: Husband and Wife agree to each be solely and separately responsible for their own attorneys' fees without contribution from the other. 19. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, to sue for specific performance, and to seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 20. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 9 21. VOLUNTARY EXECUTION: Husband has employed and had the benefit of counsel from Elizabeth S. Beckley, Esquire, as his attorney. Wife has employed and had the benefit of counsel from Kelly A. Sparvieri, Esquire as her attorney. Each party acknowledges that he or she fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and/or with such knowledge as each party desires, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Also, each party hereto acknowledges that under the Pennsylvania Divorce Reform Act, the Court has the right and duty to determine all marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just, and equitable to each of the parties, and each party waives their respective right to have the Court of Common Pleas or any Court of competent jurisdiction make any determination or order affecting the respective parties' right to a alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 22. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. This Agreement shall be binding upon the parties hereto, and there respective heirs, executors, administrators and assigns. 10 23. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed by both parties with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 24. SEVERABILITY: If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 25. INCORPORATION: In the event that the parties obtain a divorce, a divorce decree issued by a Court of competent jurisdiction may incorporate the terms of this Agreement, but such incorporation shall not operate as a merger of this Agreement into the divorce decree, and this Agreement shall continue in full force and effect independently of such divorce decree. 26. DATE OF EXECUTION/EFFECTIVE DATE: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they did so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. II 27. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above-written. li eth S. a Keith Mueller Kelly A. S vieri, uire P ela Mu er 12 COMMONWEALTH OF PENNSYLVANIA ) opw ) SS.: COUNTY OF ) On this the day of 4_, 200/, before me, the undersigned officer, personally appeared KEITH MUE ER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have here t my d and n al eal. ?. 7 14 449079 U411 C Notary My Commission Expires: V ia COMMONWEALTH OF PENNSYLVANIA ) COUNTYOF CA_krnb_eA1"Cf ) SS.: ) On this the day of I,IJY? , 2009 before me, the undersigned officer, personally appeared PAMELA MUELLER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my h and notarial seal. Notap? Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Karen A. Sheriff, Notary Public Palmyra Boro, Lebanon County My Commission Expires May 16, 2010 Member, Pennsylvania Association of Notaries 13 D-OO OF THE T OTARY 2009 S€P -4 PM 1: 4 8 jj COUNTY 0 -aft- PAMELA L. MUELLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE KEITH MUELLER, Defendant : NO. 08 - 1011 PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the Court for the entry of a Decree of Divorce. 1. Ground for divorce: irretrievable breakdown of the marriage under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: the complaint was served on Keith Mueller, on March 8, 2008, by certified mail. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff on August 5, 2009; by defendant on September 4, 2009. 4. Related claims pending: All economic claims raised have been resolved in the Property Settlement Agreement. 5. (a) Date plaintiff's Waiver of Notice August 5, 2009, and it is being filed contemporaneously herewith. (b) Date defendant's Waiver of Notice September 4, 2009, and it is being filed contemporaneously herewith. DATED: of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717)233-7691 Respectfully submitted, w ---- CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Kelly A. Sparvieri, Esquire Maria P. Cognetti, Esquire 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 q q--Gy DATED: RED-UTICE OF THE PPOTKVTAF(Y 20 SEP -4 pm 1: 51 C;OUN7Y ??cA IN THE COURT OF COMMON PLEAS OF PAMELA L. MUELLER, CUMBERLAND COUNTY, PENNSYLVI ANIA , V. KEITH MUELLER NO. 08-1011 DIVORCE DECREE AND NOW, G p , it is ordered and decreed ?tkat PAMELA L. MUELLER, plaintiff, and KEITH MUELLER defendant, are divorced from tho bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order fort alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this act?ion for which a final order has not yet been entered. Those claims are as follows: (1(f no claims remain indicate "None.") The Property Settlement Agreement between the parties shall be incorporated into the fi?riial decree for purposes of enforcement, but shall not merge with the final Decree in Divorcd'.! Rv+ho rn??r+ n Prothonotarly I CP ' ?? J ? ?/?'`"a° /