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HomeMy WebLinkAbout04-6462 DAVID 1. MULL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JACKIE MULL Defendant NO. 2004- ~l/ bel 6tt~ DIVORCE NOTICE TO DEFEND AND CLAIM OF 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 may be 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, including custody or visitation of your children. 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 at the Domestic Relation Office, 13 North Hanover Street, Carlisle, Pennsylvania. 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 desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver or your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO ALA WYER 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 South Bedford Street Carlisle, Pennsylvania 17013 (717) 248-3166 DAVID J. MULL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JACKIE MULL NO. 2004- DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE NOW comes Plaintiff and for cause of action against Defendant who says: 1. Plaintiff is David Mull, who resides in Shermansdale, Cumberland County, Pennsylvania with a mailing address of 133 Wheatfield Lane, Shermansdale, Pennsylvania 17090. 2. Defendant is Jackie Mull, who resides in Carlisle, Cumberland County, Pennsylvania with a mailing and street address of 247 East Louther Street, Carlisle, Pennsylvania 17013 since August, 2004. 3. Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this complaint. 4. Plaintiff and Defendant were married on February 27,2004 in Newville, Pennsylvania. 5. There have been no prior actions for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the court to require the parties to participate in counseling. 8. Defendant is not a member of the Armed Services of the United States or any of its allies. 9. The causes of action and sections of the Divorce Code under which the Plaintiff is proceeding are: A. Section 3301(c): The marriage is irretrievably broken. B. Section 3301 (d): The marriage is irretrievably broken and the parties have been living separately and apart. If the parties do not agree to proceed under Section 3301(c) of the Divorce Code, then Plaintiff will submit an Affidavit alleging that the parties have lived separately and apart for at least two (2) years and that the marriage is irretrievably broken, once the parties have lived separate and apart for two years. The parties separated on June 21, 2004. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree of Divorce, divorcing the parties from the bonds of matrimony. ;tfdi?j Attorney for Plaintiff I The Law Offices LopezNeuharth, LLP 401 E. Louther Street, Suite 101 Carlisle, P A 17013 (717) 258-9991 VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Il..~{ 7-0"1- cfl;I J 7UI David J. Mull ,i< \~ '- ~ ~ ~ ~ t{ ~ ~ t,-. ~ '\ ~ c. " ~ ~.: ;') ~ j j (, ! -~-f J -r-' ;..:,.,' .. ~ . i j "'.' f',) f'V C.1' .. J I ~ .. ( .) . I ! U:;. . " DAVIDJ. MULL, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, v. :PENNSYL VANIA JACKIE MULL, Defendant :No. 04-6462 CIVIL ACTION LAW :Divorce Affidavit of Service I, David Lopez, Esq. hereby state that on December 23,2004, I mailed by First Class U.S. Mail and by Certified Mail, No. 7003-10 I 0-0001-1203-7338, R(:turn Receipt Requested, Addressee Only, a copy of the Complaint in Divorce to Defendant, Jackie Mull at 247 East Louther Street, Carlisle, Pennsylvania 170\3, the last known address of Defendant, which documents were received on December 30, 2004, as evidenced by the attached Return Receipt Card. ~id Lopez Law Offices of Lopez uh P 401 East Louther Street, Suite 101 Carlisle, P A 170 \3 (717) 258-9991 ( { ( t C,"') -..: { .. ) \ J C) -'j; <- -'- -1.'1 ~.....2.lil\!I8..~'j .. 1bInl.\1I1'l'lI!dllllld~Ia", Prfi1\yournam.ri__cln..... ",thiIt we~NlUn"cent~ ~ . Aitachthl8C8ldtolMblCkol.",8IIll1'D~ . 'or on the flDnlll....1*ftliII. 1. j;;~it'jtcxMull '. ;(L{17 fos\- . talAfuer ~t. Cn\\\~\t) PA 1'70'~ 2_1l\lmI>Or.,. " (7/8nliltIr1!oin........~ PS Form 3811. February 2004 p... rI J .......,...... 11 .,.._......,..-_ C No 7003 1010 0001 1203 7338 lll2l58H!-M-t04O 00n1eslIc Return RocoIpt EXHIBIT A t ~ ( 1 \ ----- '\ \" ) , } -'.- ," j"'\ C~ ( -0 , c,:-\ - FRIEDMAN & KING, P.C. John F. King, Esquire ID #61919 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 Tel.: (717) 236-8000/Fax: (717) 236-8080 Attorney for Defendant Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DAVID J. MULL, v. : CIVIL ACTION - LAW Defendant : NO. 2004-6462 CIVIL : DIVORCE JACKIE MULL, 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 may be entered against you by the court. Ajudgmel1t may also be entered against you for any other claim or relief requested in these papers by the Defendant. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counsdors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, P A. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 South Bedford Street Carlisle, P A 17013 (717) 248-3166 Respectfully submitted, F~MAN-~KING, P.C. ~,........ :> 1/ /., . I ' / \ By: \ John,. ing,Esqmre ' 'POO~. Second Street R~house Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 DAVID J. MULL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW JACKIE MULL, Defendant : NO. 2004-6462 CIVIL : DIVORCE ANSWER AND COUNTERCLAIM ANSWER TO COMPLAINT IN DIVORCE AND NOW, comes the Defendant, Jackie Mull, by and through her attorney, John F. King, Esquire, and answers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. 7. Denied. 8. Admitted. 9. Denied. By way of further answer, it is averred that the parties separated on September 10,2004. COUNTERCLAIM COUNT I - REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502rA) OF THE DIVORCE CODE 10. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto. 11. The Defendant requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Defendant respectfully requests the Court to enter an order of equitable distribution of marital property, pursuant to Section 3502(a) ofthe Divorce Code. COUNT I I- REQUEST FOR ALIMONY PENDENTE LITE AND ALIMONY UNDER SECTIONS 370J(A) AND 3702 OF THE DIVORCE CODE 12, The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto. 13. Defendant is unable to sustain herself during the course of litigation. 14. Defendant lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 15. Defendant requests the Court to enter an award of alimony pendente lite until final hearing, and thereupon to enter an order of alimony in her favor, pursuant to Sections 370l(a) and 3702 of the Divorce Code. WHEREFORE, the Defendant respectfully requests the Court to enter an award of alimony pendente lite until final hearing, and thereupon to ent(:r an order of alimony in her favor, pursuant to Sections 370l(a) and 3702 of the Divorce Code. COUNT III REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER SECTIONS 3104(A)(/). 3323(B) AND 3702 OF THE DIVORCE CODE 16. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto. 17. Defendant has employed John F. King, Esquire to represent her in this matrimonial cause. 18. Defendant is unable to pay her counsel fees, costs and expenses, and Plaintiff is more than able to pay them. 19. Plaintiff is employed and has the ability to pay Defendant's counsel fees, costs and expenses. 20. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Defendant requests that, after final hearing, the Court order Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests that, pursuant to Sections 3l04(a)(l), 3323(b) and 3702 of the Divorce Code, the Court enter an order directing the Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. COUNT IV- REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE AND HEALTH OF DEFENDANT UNDER SECTION 3502(0) OF THE DIVORCE CODE 21. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto. 22. During the course of the marriage, Plaintiff has maintained certain life and health insurance policies for the benefit of Defendant. 23. Pursuant to Section 3S02(d), Defendant requests Plaintiff be directed to continue maintenance of said policies for the benefit of Defendant. WHEREFORE, Defendant respectfully requests that, pursuant to Section 3S02( d) of the Divorce Code, the Court enter an order directing Plaintiff to continue to maintain certain life and health insurance policies for the benefit of Defendant. Respectfully submitted, D,"'~JI):hJ" 17108 Mull.J ackielDivorce Pleadings/mulLcc VERIFICATION I hereby acknowledge that I am the Defendant in the foregoing action; that I have read the foregoing Answer and Counterclaim; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. /..., ;:/I1CA~;1?2_t/{___ /16/(}5 jCkie Mull I I I Dated: Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DAVID J. MULL, v. : CIVIL ACTION - LAW Defendant : NO. 2004-6462 CNIL : DNORCE JACKIE MULL, CERTIFICATE OF SERVICE I, John F. King, Esquire, hereby certify that on January 21, 2005, I served a copy of the within Answer and Counterclaim, by depositing same in the United States Mail, first class, postage prepaid. addressed as follows: David Lopez, Esquire The Law Offices LopezNeuharth, LLP 401 E. Louther Street, Suite 101 Carlisle. PA 17013 FRIEDMAN & KING, P.e. ~~' i .~o F. Kmg, Es Ire ~ 60 N. Second eet \ P nthouse Suite . O. Box 984 Harrisburg, PA 17108 (717) 236-8000 -"}.. P 0-J \" 1~f:~ 1; :n r-J ~ ~ wr ~--< 01 ,...) C) ~~.~~~ --n C'.Jl _.~ c...- ::r. ~:: rl, _\.~ r,) ..l:- -t' :;';: W. (~) :< -J - FRIEDMAN & KING, P.C. John F. King, Esquire ID #61919 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg. PA 17108 Tel.: (717) 236-8000/Fax: (717) 236-8080 Attorney for Defendant DAVID J. MULL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2004-6462 CIVIL : DIVORCE v. JACKIE MULL, Defendant INVENTORY OF JACKIE MULL Jackie Mull. Defendant, files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this inventory are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. ) ASSETS OF THE PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. ( ) 1. (XX) 2. ( ) 3. ( ) 4. ( ) 5. ( ) 6. ( ) 7. ( ) 8. ( ) 9. ( ) 10. (XX) 11. ( ) 12. ( ) 13. ( ) 14. ( ) 15. ( ) 16. ( ( ( ( ( ) 21. (XX) 22. ( ) 23. (XX) 24. (XX) 25. ( ) 26. ) 17. ) 18. ) 19. ) 20. I Real Property Motor vehicles Stocks, bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life insurance policies (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits-severance pay, worker's compensation claim/award Profit sharing plans Pension plans (indicate employee contribution and date) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) Military/V .A. benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attach itemized list if distribution of assets is in dispute) Other MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description Number of Property I. Washer/Dryer 2. 27" Television 3. Flat screen computer w/ Printer and digital camera 4. Queen size mattress and Box spring 5. Child's daybed w/mattress 6. 2 DVD players 7. Push lawnmower 8. Gas grill 9. 2 Couches and 2 chairs 10. 27" Television II. VCR 12. Kitchen table w/chairs Names of All Owners David & Jackie Mull " " " " " " " " " " " --- NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Number Description of Propertv Reason for Exclusion I. 64" big screen television Husband's pre-marriage 2. 3. 4. 5. 6. Surround sound home theater system Surround sound home stereo system " " VCR " Approx. 250 digital video disks " 13" television Wife's pre- marriage 8. Playstation wlflip up LCD screen w/approx. 15 games Kitchen table with chairs " 7. " Item Number 1. Description of Property Dodge Intrepid PROPERTY TRANSFERRED Date of Transfer Consideration 11/17/04 $1,500.00 Person to Whom Transferred LaDeira. Inc. (Car dealership) LIABILITIES 1. Description of Property Revolving debt Names of All Creditors Names of All Debtors Item Number Sears Credit David Mull ............ DAVID J. MULL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2004-6462 CIVIL : DIVORCE v. JACKIE MULL, Defendant CERTIFICATE OF SERVICE I, John F. King, Esquire, hereby certify that on May 24, 2005. I served a copy of the within Inventory of Jackie Mull, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Megan Malone, Esquire Lopez Neuharth, LLP 40 I East Louther St., Suite 10 I Carlisle, PA 17013 (FRrEDM~'& IgNG, P.e. '.. i / I( '~"i..."j..,., / I i .;/~^'\ I .JL" "\.'< Joh F. Kmg. Es \. 600 N. Second Street ~e ouse Suite P: . Box 984 Harrisburg, PA 17108 (717) 236-8000 ------ --, ;--'1 c.-:> I~H c.::: IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYL VANIA, FR!'yl(IIN COUNTY BRANCH c...".,..l:..MM\. J DAVID MULL, Plaintiff Civil Action. Law v. F.R. 2004-6462 JACKIE MULL, Defendant In Divorce a v.m. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~ 330\ (d) of the Divorce Code was filed on December 22, 2004. 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. 4. I understand that I may rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 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.CS. ~ 4904 relating to unsworn falsification to authorities Date: ::/1 J<.Mt. :;)j 0 b ~)/Y David Mull n f"- .'-. C) " ~::: co-- , (.,.. " -'::' CJ C) r IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYL VANIA, FRANKLIN C~trNY. BRANCH ?u. Y'\ ':x-A fA.N.,. DAVID MULL, Plaintiff Civil Action - Law v. F .R. 2004-6462 JACKIE MULL, Defendant In Divorce a v.m. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330Hd) OF THE DIVORCE CODE I. 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 ifI 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 ofthe decree will be sent to me immediately after it is filed with the Prothonotary. I verifY that the statements made I this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date: ~ I :Jv"<" aoob #)e-- David Mull ~ r,.':-;',) cr <...n ("1 -'1i :7_~ r-v'r: :~8 '\\,1., -n ~c: ,-: ~\"~ -' ., ~~~(f.f, . , :.\ . . <"0 :'~ C"J" cL' DAVID J. MULL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW JACKIE MULL, Defendant : NO. 2004-6462 CIVIL : DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 22,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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. S 4904 relating to unsworn falsification to authorities. DATED: fa /1 ~ /D b ,,~ ,OJ ;';~::; '::oh 0-' <- c~ I (.r -',':; ::-: c:::) O::"t Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DAVID J. MULL, v. : CIVIL ACTION - LAW Defendant : NO. 2004-6462 CIVIL : DIVORCE JACKIE MULL, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) AND 3301ID) 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. 4. 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. Date: b /1 )-/0 b '" ~ ~';~ :;::I l {II -::::; ...;01. C::1 0:,1 04 - fctf b J- PROPERTY AND SEPARATION AGREEMENT THIS AGREEMENT made this ,9 ~ day of "Ju At;.-- , 2006, by and between David Mull, (hereinafter referred to as "HUSBAND") and Jackie Mull, (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, WIFE and HUSBAND were lawfully married on Febrauary 27,2004 in Cumberland 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 ensue from the execution hereof; and 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 accurately knows the size, degree, and extent of the estate and income of Wife; and WHEREAS, each party 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 John F. King, Esquire, of Friedman and King, and Husband having been represented by Kristen B. Gaddis, Esquire, of Neuharth Law Offices; and WHEREAS, the parties wish to finally and for all time 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 undertakings herein contained, intending to be legally bound hereby, the parties do mutually agree as follows: 1. The parties have attempted to divide their marital property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 2. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the use, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 3. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (I) has had the opportunity to be represented by counsel of his or her choosing; (2) is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) enters into this Agreement knowingly and voluntarily after receiving the advice of counsel, or the opportunity to seek the advice of counsel; (4) has given careful and mature thought to the making of this Agreement; (5) has carefully read each provision of this Agreement; and (6) fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution, i.e. the date the last party signs the agreement. 4. It is the purpose and intent of this Agreement are to settle forever and completely the interest and obligations of the parties in all property that they own separately, both before and after the termination of the marriage of the parties, and all property that would qualifY as marital property under the Pennsylvania Divorce Code, Title 23, Section 3501, and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support. Neither party shall be entitled to spousal support, alimony pendente lite, or alimony from the other on or after the date of June 19, 2006 while waiting for the execution of the necessary documents. The partes also agree that neither party shall attempt to receive any spousal support, alimony, or alimony pendente lite from the other from the other on or after the date of execution of this Agreement. Any existing order for support or alimony of any kind shall be terminated effective as of June 19,2006 by the party who initiated the support/alimony action within fourteen (14) days after the execution of this agreement. 5. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both parties during the marriage. 6. REAL ESTATE: Neither party has any claim, right or interest whatsoever in the real estate ofthe other, regardless of when the real estate was obtained. WIFE shall not attempt to take any interest in the real property of HUSBAND; HUSBAND agrees to not attempt to take any interest in the real property of WIFE. 7. PERSONAL PROPERTY: Both HUSBAND and WIFE are in possession of personal property which is located in the states of Texas and Pennsylvania, respectively. It is agreed that the property currently in the possession of HUSBAND shall remain in Texas with him, with WIFE agreeing to make no claim against said property. It is further agreed WIFE shall maintain all property currently with her in Pennsylvania, with HUSBAND agreeing to make no claim against said property. HUSBAND hereby waives all right and title which he may have in any personal property of WIFE. WIFE likewise waives any interest which she has in the personal property of HUSBAND. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to WIFE or HUSBAND with full power to WIFE or HUSBAND to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. 8. Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. 9. AUTOMOBILES: a.) HUSBAND waives any interest that he may have in WIFE's vehicle. HUSBAND will cooperate in executing any necessary documents to transfer sole ownership of WIFE's vehicle to WIFE. b.) WIFE likewise waives any interest that she may have in HUSBAND's vehicle. WIFE will cooperate in executing any necessary documents to transfer sole ownership of HUSBAND's vehicle to HUSBAND. 10. MARITAL DEBTS & BANKRUPTCY: HUSBAND will be responsible for the debt incurred during the marriage on the Sears credit card. HUSBAND will not be responsible for any other marital debts. Furthermore, each party will be responsible for their own debt incurred after the date of separation, June 21, 2004. It is hereby understood and agreed by and between the parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that s/he has not heretofore instituted any proceeding pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to her/him which have been initiated by others. 11. EMPLOYEE BENEFITS: The parties agree that any employee benefits of WIFE or HUSBAND including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. HUSBAND waives all right, title and claim to WIFE's employee benefits, and WIFE waives all right, title and claim to any of HUSBAND's employee benefits. Each party specifically waives any and all right, claim, and interest of any kind in any pension or retirement account of the other. 12. BENEFITS AND BANK ACCOUNTS: Although there are no known shared bank accounts, HUSBAND agrees to waive all right, title and interest which he may have in the savings or checking or any other bank accounts of the WIFE. WIFE agrees to waive all interest which she has in the back accounts of HUSBAND. 13. PRIOR INCOME TAX RETURNS: The parties have heretofore filed joint federal, state and local income tax returns. The parties hereby agree that each party will be liable for fifty percent (50%) of any tax deficiency related to any joint income tax filing made by the parties. 14. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce within ten (10) days of the execution of this agreement. HUSBAND will file the Praecipe to transmit together with divorce decree within ten (10) days of the execution of this agreement. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 15. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or 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. 16. 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. 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to WIFE by her counsel. The provisions of this Agreement and their legal effect have been fully explained to HUSBAND by his counsel. Each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 18. 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. 19. APPLICABLE LAW; This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 20. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 21. PAYMENT OF COSTS: The parties agree to pay for their own costs required to obtain and complete the divorce. 22. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: I~,",,-.Lrz-'/Sf a (SEAL) ,cs; COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF .I'"",-,U~UN O~ h,-11 PERSONALLY APPEARED BEFORE ME, this L.5!!?ctay of ~ 2006, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, Jackie Mull, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the puiposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. '13u~A.~ -P~ COMMONWt:i..~.i'l 0, ,,::..,,::,,',L'/I-\["" NOTARIAL SEAL . BARBARA E. PALMER, Not~ry PublIC City of H.arrisburg! ~a~f.~I;fo~o~ My Commission El\Illrh ...... , SiDJ- -L cf Te.xAS COMi\l6N'WEALTH OF YENNS'i'LYr.MUA : SS: COUNTYOF~~ PERSONALLY APPEARED BEFORE ME, this ~~y of :::} L...nP S~ c;f' 1:e-X-6 2006, a Notary Public, in and for the.G6IDm6fYNllllhh 9n>e~1vanill and County of ~eJ\ ~,d, David Mull, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. \Il4d\l.ltc per \t \lie \O44( a) \J\Il~LQ1~ (') -n (- ...., -T: I fn, 1 1 (,'" " -~'1 .> , ) -,.., C-:j ::::( FRIEDMAN & KING, P.C. John F. King, Esquire ill #61919 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 Tel.: (717) 236-8000/Fax: (717) 236-8080 Attorney for Defendant DAVIDJ. MULL, Plaintiff v. JACKIE MULL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2004-6462 CIVIL : DIVORCE PRAECIPE Kindly withdraw Counts I, II, III, and IV of Defendant's Counterclaim in the above action. Date: { J~ 0' JFK:ka Respectfully submitted, DAVID MULL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. JACKIE MULL, Defendant NO. 2004-6462 CIVIL In Divorce a v.m. PRAECIPE TO TRANSMIT RECORD To the Prothonotary, Transmit the record, together with the following information, to the Court for entry of a divorce decree: I. Ground for Divorce: Irretrievable Breakdown under Section 3301 (d) ofthe Divorce Code. 2. Date and manner of service of the Complaint: Complaint was mailed to the Defendant on December 23,2004, both by First Class U.S. Mail and Certified Mail. Defendant accepted service of the Complaint on December 30,2005. 3. Date of execution ofthe Affidavit of Consent required by 3301(d) of the Divorce Code: by Plaintiff: June 21, 2006; by Defendant: June 15,2006. 4. Related claims pending: NONE 5. Date Plaintiffs Waiver of Notice was filed with the Prothonotary: July 3, 2006. Date Defedant's Waiver of Notice in 3301 Divorce was filed with the Prothonotary: July 3, 2006. ~I~ isten B. Gaddi q. Attorney for Plaintiff, David Mull Neuharth Law Offices 232 Lincoln Way East Chambersburg, P A 1720 I (717) 264-2939 1"...., C::.":) I ~~.~ --II ::::! HiF~ :l :--, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF DAVID MULL. PLAINTIFF VERSUS JACKIE MULL. D~AIIIT . . . . . AND NOW, . DECREED THAT . PENNA. No. 2004 - 6462 CIVIL . DECREE IN DIVORCE <I.) 1 1'1- .2..IrJ(' ,IT IS ORDERED AND DAVID MULL , PLAINTIFF, AND JACKIE MULL , 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; . . . . THEIlE ARE BOllE. . . . . . . . OU;L J. , . ROTHONOTARY ~ '# I'tfr.ml ~ /7J. te 'L ~ Y t ~-44l-P'l ,-",-te-L ,. ,-.."- " , . . . . . . . ..' . "-" -, . .. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2004-6462 CIVIL : DIVORCE DAVID J. MULL, Plaintiff v. JACKIE MULL, NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Defendant in the above matter, Jackie Mull, after the entry of a Final Decree in Divorce dated ~ hereby elects to resume the prior surname ofNoss, and gives this written notice avowing her intention pursuant to the provisions of54P.A. 704. Date: f,1Is-lob . COMMONWEALTH OF PENNSYLVANIA : SS COUNTYOF DAV-fhi(\ : On the~ day of ~ ,200~ before me, a Notary Public, personally appeared the above affi t known to me to be the person whose name IS subscnbed to the within document and acknowledged that she executed the foregoing for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~~'t:~~ JFK:ka COMMONWEALTH .QE.. PENNSYLVANIA NOTARIAL SEAL BARBARA E. PALMER, Notary Public City of Harrisburg, Dauphin County My Commission Expires May 23, 2009 , -.,~.-.._..'-.",,-_.- , ~ C> ...., ~ <=> i'J c:: a; ~ S. 3>" ~ + ....1:)f'C c::: m~ \) 'CpL'_, CT' ~. ~;;:". L., i... ~ 0- ~~~L'; .r:- - r;: ~'" - ."" "'" ~ - f! ,~:C" :x Z~ ..c {;;Cl ~ )..,.c: '* ~ () ~ ~ "" ::0 -I- r