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HomeMy WebLinkAbout05-5301 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA FAMILY DIVISION Chance C. Miner Plaintiff vs. No. )aJ)-53:J/ c,t;, I Lisa Ann Miner Defendant 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 wamed 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 Plaintiff. You may lose money, property or other rights important to you, including the right to demand marriage counseling. When the ground for divorce is indignities of irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary for Cumberland County: {lpnJlJerldl7d c1V/T1y (J(JrlAo(j~ / fnwllto(j~ !f~1'L ~/,'sk. .4A /'70/.3 " 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: ( l Cumberland County Bar Association Lawyer Referral Service Allegheny County, Pittsburgh: (412) 261-0518 Beaver County, Beaver: (412) 728-4888 Berks County, Reading: (610) 375-4591 Blair County, Hollidaysburg: (814) 693-3090 Bucks County, Doylestown: (215) 348-9413, (800) 479-8585 Chester County, West Chester: (610) 429-1500 Cumberland County, Carlisle: (717) 249-3166 Dauphin County, Harrisburg,: (717) 232-7536 Delaware County, Media: (610) 566-6625 Erie County, Erie: (814) 459-4411 Lackawanna County, Scranton: (570) 969-9600 Lancaster County, Lancaster: (717) 393-0737 Lehigh County, Allentown: (610) 433-7094 Luzerne County, Wilkes-Barre: (717) 822-6712 Mercer County, Mercer: (724) 342-3111 Monroe County, Stroudsburg: (570) 424-7288 Montgomery County, Norristown: (610) 279-9660 Northampton County, Easton: (610) 258-6333 Philadelphia County, Philadelphia: (215) 238-1701 Washington County, Washington: (724) 225-6710 Westmoreland County, Greensburg: (724) 834-8490 York County, York: (717) 854-8755 COUNSELING NOTICE UNDER Pa.R.C.P. RULE 1920.45(a)*(1) The Divorce Code of Pennsylvania requires that you be notified of the availability of counseling where a divorce is sought under any of the following grounds: Section 3301 (a)(6) Indignities Section 3301 (c) Irretrievable Breakdown Mutual Consent Section 3301 (d) Irretrievable Breakdown Two-Year Separation where the court determines that there is not a reasonable prospect of reconciliation. A list of qualified professionals is available for inspection in the Prothonotary Office of the Cumberland County court. (Jnt~rltl1d (JVI<7Y 4"./iof/U!... / {j(//'lhlt<<. ~~ t1t&:S-k /A / ~/..S " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA FAMILY DIVISION Chance C. Miner Plaintiff vs. No. t100Y- 5?/J/ Lisa Ann Miner Defendant DIVORCE COMPLAINT UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. Plaintiff is Chance C. Miner, who currently resides at 122 Clark Street, Lemoyne, Pennsylvania 17043. He has resided at this address at least since May 2005. 2. Defendant is Lisa Ann Miner, who currently resides at 1100 Saffron Drive, Mechanicsburg, Pennsylvania 17050. She has resided at this address at least since April 2003. 3. Both the Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 20, 1991 , at St. Stevens Episcopal Church, Harrisburg, Pennsylvania, County of Dauphin. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Servicemembe~s Civil Relief Act of 2003 and its amendments. 6. There have been no prior actions of divorce or for annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff is aware of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. 8. The marriage is irretrievably broken. 9. An original copy of the marriage certificate is attached. 10. After ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant will also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to ~3301 (c) of the Divorce Code. COUNT II REQUEST FOR INCORPORATION OF MARITAL SETTLEMENT AGREEMENT PURSUANT TO SECTIONS 31 04(A)(1) AND (3) and 3323(B) DIVORCE CODE 1. Paragraphs 1 through 10 are incorporated herein and made a part hereof by reference as though fully set forth. 2. Plaintiff and Defendant have reached an agreement on issues including alimony, property division, child support and child custody. WHEREFORE, Plaintiff respectfully requests that this Court approve and incorporate the agreement reached between Plaintiff and Defendant into the final divorce decree, pursuant to Sections 3104(a) (1) and (3) and 3323(b) ofthe Divorce Code. I verify that the statements made in this Complaint 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. ~~ Plaintiff Date: t1~ 6; /M.5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA FAMILY DIVISION Chance C. Miner Plaintiff vs. No. Lisa Ann Miner Defendant DIVORCE VERIFICATION I verify that the statements made in this complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 PA. C.S., ~4094, relating to unsworn falsification to authorities. r&-/u/e:k~ Plaintiff Date: tf~ tf 45 Y0 1ll::.. ",-, ~ -0 (' (5 r-.:, :t> v- - .L- ~ _. -s::> c:::> , ~ ~ os... ~ ~ -<<::> --- \:., ,...> c:';> C~C! c.n C) C') -; " "'0 c:~ OJ -~~:f~ .,j :1 -- , ")0- "'3 :.< Marital Separation and Property Settlement Agreement between Chance C. Miner and Lisa Ann Miner AGREEMENT, made this 7th day of October, 2005, between Chance C, Miner (hereinafter referred to as Husband) and Lisa Ann Miner (hereinafter referred to as Wife), EXPLANATORY STATEMENT The parties were married in Harrisburg, Pennsylvania, on July 20, 1991 , in a religious ceremony, Two minor children have been born of or adopted by said marriage, namely Mackenzie Alexis Miner, born March 05,1996; and Kier Michael Miner, born April 07, 1998, Differences have arisen between the parties and they are now and have been since May 01, 2005 living separate and apart from one another, voluntarily and by mutual consent with the purpose and intent of ending their marriage, It is the desire of both parties in this Agreement to determine, settle, and formalize their duties and obligations to each other and any issues regarding custody of their children, alimony, their respective rights in the property or estate of the other, and in property owned by them jointly or as tenants by the entireties and in marital property, and all other rights, claims, relationships or obligations between them arising out of their marriage or othelWise, and each party having general knowledge of the properties owned by them separately and jointly and of their respective means, obligations and needs, NOW, THEREFORE, in consideration of the promises and mutual covenants and understandings of each of the parties, they each hereby mutually agree to the following: 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 or places as he or she may from time to time choose or deem fit. The parties shall not molest or interfere with each other, nor shall either attempt to compel the other to cohabit or dwell with him or her, by any means whatsoever. Husband and Wife agree that the marriage is irretrievably broken and will proceed with divorce under 23 Pa, C,A, Section 3301 (c), 2. CUSTODY AND VISITATION GENERAL. Each party agrees to foster in the minds of their children attitudes of respect and love for both of the parents, Each party agrees not to denigrate the other party in the eyes of their children nor to attempt to alienate their children from the other party, Each party agrees to keep the other party fully informed as to the status of the health of the children and to consult with the other party on the major problems and decisions affecting the children, including the schools which the children will attend; the religious instruction the children shall receive; the health care the children shall receive; the manner in which the children shall be disciplined; the extent of any travel of the children away from home; and any other decisions affecting the children's growth and development, to the end that their children will have, as much as possible, the benefit of two parents, The parties further agree to exert every reasonable effort to maintain free access and unhampered contact between each of them and the children, Page 1 of12 The parties state that the best interests and welfare of the children are of paramount consideration for both of them, They shall make every effort to foster the respect and affection of the children for each other and shall do nothing which would in any way estrange the children from the other party, or which would injure the opinion of the children for the other party, or which would hamper the free and natural development of the love and affection of the children for the other party, Each party agrees to notify the other of any change in address or telephone number. CUSTODY, The parties have carefully weighed their decision regarding the custody of their minor children, and in so doing have been guided solely by considerations touching upon said children's welfare, The parties have concluded that it is in the best interest of said children that the Wife, as sole managing conservator or primary custodial parent, shall have sole custody, full parental rights, duties and powers, subject only to the Husband, as sole possessory conservator or secondary custodial parent, who may visit with and temporarily take possession of the children as specified below, VISITATION, The Husband shall have liberal visitation with the children with reasonable notice to the Wife, The parties agree that during the time each of them has the children in his or her physical possession, that parent shall decide all routine matters concerning the children's welfare, medical needs, etc, The parties further agree to cooperate with one another in establishing a mutually-supportive arrangement regarding such routine decisions, Both parties shall be informed at all times of the residence of the children, and each party shall notify the other immediately of any illness or emergency that may arise while the children are in his or her custody, The Husband agrese that the children shall not be removed from the area by him without the consent of the Wife, The parties agree that each parent shall be entitled to immediate access from the other, or from a third party, to records and information pertaining to the minor children, including, but not limited to, medical dental, health, school, or educational records, Each party shall be entitled to speak to the children by telephone at reasonable times and intervals when the children are in the custody or subject to the control of the other party, CHANGE OF NAME, Notwithstanding the possible remarriage of either party, the minor children of the parties shall continue to be legally and publicly known by the name in use as of the date of this Agreement. The children shall not, for any reason or purpose, use or assume the name of any subsequent spouse of either party or any other surname, The parties shall see to it that the designations "fathe~' and "mothe~' or their equivalent shall be used by the child to refer to the parties hereto and to no other person, 3. SUPPORT AND MAINTENANCE OF THE MINOR CHILDREN Subject to the power of the court to modify these terms, the Husband shall pay to the Wife for the support and maintenance of the minor children of the parties the sum of Nine Hundred Dollars and Zero Cents ($900,00) per month per child, in advance, commencing November 01, 2005, and continuing per month thereafter, provided that such payments shall cease for each child as he or she reaches the age of eighteen (18), marries, becomes emancipated, becomes self- supporting, or dies, whichever occurs first, unless noted elsewhere in this Agreement. Said child support payments shall be increased annually consistent with the percentage of increases in the Husband's salary from the previous year. To satisfy the Wife of the increase in the Husband's salary, the Husband or his accountant shall provide the Wife a copy of his Page 2 of 12 Federal tax return each year. COLLEGE DEFINED, For purposes of this section, the meaning of the term "college," "university," or "technical school" shall mean any accredited post- secondary educational institution not exceeding four consecutive years of undergraduate work, In case of any child having the aptitude and opportunity for a college education or comparable post-high-school training, the Husband shall pay fifty percent (50%), and the Wife shall pay fifty percent (50%), of the cost of an in- state four- year undergraduate education at a public college in Pennsylvania, For purposes of this Agreement, the term "cost of an in- state four- year undergraduate education" includes, but is not limited to, tuition and other enrollment or matriculation fees and charges, all attendant fees and expenses, whether charges for attendance in general or by virtue of enrollment in a special course or program, room and board, reasonable transportation charges, books and other expenses reasonably and necessarily incurred and relating to enrollment and or attendance in such colleges, universities, or technical schools, The selection of which college, university, or technical school any child shall attend shall be made by the Wife and the child, prior to application and prior to enrollment, and shall be made with and after due consideration of the financial circumstances and resources of the Wife, Husband, and the child, 4. ALIMONY MUTUAL WAIVER. It is the mutual desire of the parties that hereafter they shall each maintain and support themselves separately and independently of the other, Accordingly, and in consideration of the terms of this Agreement, the provisions contained herein for the respective benefit of the parties, and for other good and valuable consideration, the Wife hereby releases and discharges the Husband, absolutely and forever for the rest of her life, from any and all claim or right to receive from the Husband temporary, definite, or indefinite alimony, support, or maintenance for the past, present or future, The Wife acknowledges that this provision has been explained to her and she understands and recognizes that, by the execution of this Agreement, she cannot at any time in the future make any claim against the Husband for alimony, support, or maintenance of any kind whatsoever for herself, The Husband hereby releases and discharges the Wife, absolutely and forever for the rest of his life, from any and all claim or right to receive from the Wife temporary, definite, or indefinite alimony, support, or maintenance for the past, present, or future, The Husband acknowledges that this provision has been explained to him and he understands and recognizes that, by the execution of this Agreement, he cannot at any time in the future make any claim against the Wife for alimony, support, or maintenance of any kind whatsoever for himself, 5. MEDICAL INSURANCE GENERAL. Each party shall maintain their own medical insurance on their own behalf, Each party waives any interest they have in the other's medical insurance proceeds. The Wife shall maintain major medical and hospitalization insurance for the benefit of the minor children of the parties, In the event the employment status of the Wife changes and major medical and hospitalization insurance is discontinued the Husband agrees to then maintain major medical and hospitalization insurance for the benefit of the minor children of the parties until such time that the Wife can again maintain such coverages, Page3of12 The Husband shall pay fifty percent (50%), and the Wife shall pay fifty percent (50%), of all medical, dental, or orthodontia expenses for the benefit of the minor children which are not covered by said insurance, This is to include all emergency medical treatment. Said obligations for expenses shall continue for each child until said child is eighteen (18) years of age, TERMINATION, Insurance benefits for each minor child of the parties shall terminate when the child reaches the age of eighteen (18) years of age, unless othelWise limited by law or available policies, 6. DISPOSITION OF PROPERTY MARITAL REAL PROPERTY, The parties own as tenants by the entirety, in fee simple, the property known as 1100 Saffron Drive, Mechanicsburg, Pennsylvania 17050, which is presently occupied by the Wife, It is the intention of the parties that they presently continue to own the marital home jointly and become tenants- in- common upon being divorced, Therefore, the parties agree as follows: The parties agree that the marital home is valued at approximately Two Hundred And Eighty Five Thousand Dollars and Zero Cents ($285,000,00), and that it currently holds two Iien(s), valued at approximately Two Hundred And Eighty Thousand Dollars and Zero Cents ($280,000,00), Therefore, the parties agree that the current equity in the marital home is approximately Five Thousand Dollars and Zero Cents ($5,000,00), The Wife shall be entitled to sole possession of said premises (rent-free), Expenses associated with the ownership and/or occupancy of the marital home shall include the mortgage, taxes, insurance, repair costs and every other cost associated with the maintenance of the property, The Husband's share of said expenses shall be zero percent (0%) and the Wife's share of said expenses shall be one hundred percent (100%), The parties each agree that while they own the said property as tenants-in-common, neither of them may, without the written consent of the other, sell his or her respective half interest in the said property, but, subject to the terms and conditions of this Agreement, either party may force the sale in lieu of partition of the said entire property, PERSONAL PROPERTY, The parties agree with respect to their personal property as follows: Except where othelWise specified in this Agreement, all furniture and household furnishings, and all other items of personal property which heretofore have been held by them in common, jointly, or as tenants by the entirety, shall become the property of the Wife, and neither party will make any claims to any such items which are agreed to be owned by the other. Except where othelWise specified in this Agreement, the parties shall equally divide all joint checking and savings accounts, all stocks, all certificates of deposit, all bonds, all mutual funds, and all other financial assets which are legally marital property whether titled in one or both parties' names, The parties agree that the Husband shall have as his sole property any belongings he brought into the marriage, The parties agree that the Wife shall have as her sole property any belongings she Page 4 of 12 brought into the marriage, OTHER PROPERTY, The parties represent and acknowledge that there is no other property, real or personal, which is owned jointly or in which both have an interest, and hereafter neither party will make any claim to any item which is in the possession of the other. Each party shall own, have and enjoy independently of any claim or right or the other, all items of property, real or personal, of every kind now or hereafter owned or held by him or her with full power to dispose of same as fully and effectively in all respects and for all purposes as if he or she were unmarried. 7. LIFE INSURANCE Each party shall have the right to name any person or organization they so choose as beneficiary on their life insurance policies, Each party waives any interest they have in the other party's life insurance proceeds, cash value, or othelWise, Husband agrees to maintain the Northwestern Mutual Term Life Insurance Policy with death proceeds of $500,000 for the benefit of the Wife and the parties children, 8. RETIREMENT BENEFITS The parties acknowledge that there are no retirement benefits or privileges earned by either party before or during this marriage, The Husband agrees to pay to the Wife, upon maturity of the Husband's Individual Retirement Account, an amount equal to zero percent (0%) of the final value of said account. The Husband and the Wife agree that any payments to the other party, specified in this section, will not be taxable to that party, as the payment will be received as a division of marital property of the parties, Each party pledges to cooperate with the other to secure approval of or execution of any documents are necessary to transfer pension or IRA funds to the payee from the payor's accounts, if applicable, 9. ESTATE PLANNING INHERiTANCE, This agreement is not to address issues related to inheritance unless specified in other sections, ADMINISTRATION, This agreement is not to address issues related to probate estate planning unless specified in other sections, 10. DEBTS GENERAL. The parties agree that they will not incur or contract any debt in the name of the other, or on the credit of the other, and will not pledge the othe~s credit in any manner after the execution of this Agreement, and that each shall hereafter be responsible for his or her obligations, except as set forth in this Agreement. Immediately upon execution of this Agreement, each of the parties shall do whatever is necessary to close immediately all joint accounts in the name of the Husband and the Wife or either of them under which one may make purchases on the credit of the other. CREDIT-CARD DEBT, Each party agrees to service the following joint credit-card debt in full and to hold the other harmless for same, as follows: Providian Visa, approximate balance Ten Thousand Eight Hundred And Ninety Five Dollars and Seventy Four Cents ($10,895,74) to be serviced in full by the Wife, Page 5 of 12 Bank One Visa, approximate balance Three Thousand Five Hundred And Eighty Nine Dollars and Seventy Five Cents ($3,589,75), to be serviced in full by the Husband. Capital One Mastercard, approximate balance Fourteen Thousand Three Hundred And Seventy Dollars and Seventy Eight Cents ($14,370,78), to be serviced in full by the Husband,OTHER JOINTL Y- HELD DEBT, Chase 2nd Mortgage with an approximate balance of Fifty Three Thousand Four Hundred and Thirty One Dollars ($53,431) to be serviced jointly and equally by the Husband and the Wife of approximately $250,00 from each monthly, OTHER JOINTLY-HELD DEBT, Chase 2nd Mortgage with an approximate balance of Fifty Three Thousand Four Hundred and Thirty One Dollars ($53,431) to be serviced jointly and equally by the Husband and the Wife of approximately $250,00 from each monthly, CREDIT HISTORY, The parties acknowledge and agree that the credit history established by them during their marriage shall be deemed to have been the credit history of both parties, notwithstanding ordinary practices of creditors and credit reporting agencies that may have reported such credit history in the name of the Husband only, The Husband agrees that he shall cooperate and execute any documents as may be required to enable the Wife to provide to her prospective creditors the full credit history of the parties during the marriage, Nothing in this Agreement is intended or shall be deemed to create any liability for the Husband of debts or obligations incurred by the Wife arising out of the credit information provided to her, INDEMNIFICATION, Except as othelWise specified herein, the parties agree that each will be responsible for his or her own debts and that neither will be responsible for the debts of the other. In the event that either party shall be called upon to answer for or to pay any debts or obligations of the other, then the Husband or the Wife, as the case may be, shall defend against the payment of such debt, and in the event the Husband or the Wife shall be required to pay, the opposite spouse shall exonerate and indemnify the Husband or the Wife against such debt, including all legal and proper costs, reasonable charges, and such damages as may have been caused by the failure to have paid such debt when due. COMPLIANCE, At the request of the other, the parties shall at any time, and from time to time hereafter, execute, acknowledge and deliver to the other party any further instruments and assurances that may be reasonably required for the purpose of giving full force and effect to the provisions of this Agreement. If either party shall fail to comply with the provisions of this paragraph, this Agreement shall constitute an actual grant, assignment, and conveyance of the property and rights in such manner and with such force and effect as shall be necessary to effectuate the terms of this Agreement. MUTUAL RELEASE, Except as othelWise provided by this Agreement, each party hereby covenants and agrees that he or she will not incur any debts, obligations, or liabilities on the other party's credit, nor do anything for which the other party might be legally liable or answerable, Each party covenants and warrants that there are no debts or obligations or any kind incurred by him or her and binding on the other party, Except as othelWise provided by this Agreement, all property and money received and retained by the parties pursuant hereto shall be the separate property of the respective parties, free and clear of any right, interest, or claim of the other party, and each party shall have the right to deal with and dispose of his or her separate property, both real or personal, as fully and effectively as if the parties had never been married, 11. MISCELLANEOUS PROVISIONS EFFECTIVE DATE OF AGREEMENT Page 6 of 12 This Agreement shall be effective as of the date it is executed by both parties. All agreements and representations of the Husband and the Wife shall be deemed to have been made as of this date, REPRESENTATION The parties each acknowledge entering freely and voluntarily into this Agreement, having each been represented and advised by separate licensed legal counsel in the negotiations for and preparation of this Agreement. Each of the parties and their respective licensed legal counsel have had an opportunity to conduct a complete examination and review of all related records and documents, and the parties have had this Agreement fully explained to him or her by their respective counsel and are fully aware of its contents and its legal effect. Each of the parties shall be solely responsible for paying his and her respective attomey's fees and costs incurred in connection with the negotiation and preparation of this Agreement and the obtaining of a final judgment decreeing the dissolution of the marriage, Neither Husband nor Wife shall have any obligation whatsoever for any attorney's fees or costs incurred by the other party, Each party, whether or not represented by licensed legal counsel, enters freely and voluntarily into this Agreement. If after the final divorce judgment has been entered, either party shall default in the performance of any of the obligations of this Agreement, or of any order or judgment, the other party may take action to lawfully recover his or her reasonable attorney's fees and costs from the defaulting party or his or her estate, COSTS OF ENFORCEMENT The parties agree that any costs, including but not limited to counsel fees, court costs, investigation fees, and travel expense, incurred by a party in the successful enforcement of any of the agreements, covenants, or provisions of this Agreement, whether through litigation or other action to compel compliance herewith, shall be borne by the defaulting party, Any such costs incurred by a party in the successful defense to any action for enforcement of any of the agreements, covenants, or provisions of this Agreement shall be borne by the party seeking to enforce compliance, TAX RETURNS The parties shall file joint Federal and state income tax returns for the taxable year 2005, The parties shall share the costs incurred in the preparation of said income tax returns or any resulting tax liability in proportion to their respective incomes, In the event, however, that either party would be obliged to pay greater taxes for the year 2005 than if that party had filed separately, the parties shall file separately rather than jointly, The Husband shall indemnify and hold harmless the Wife against all claims or loss, including reasonable attorney's fees, which the Wife may incur as a result of her agreement to file joint income tax returns with the Husband, and the Wife shall indemnify and hold harmless the Husband against all claims or loss, including reasonable attorney's fees, which the Husband may incur as a result of his agreement to file joint income tax returns with the Wife; the purpose of this paragraph being that each party shall pay for his or her own errors, omissions, or failure to report his or her income correctly, At such time as the parties shall file separate Federal and State income tax returns, the Wife, as sole custodial parent (or sole managing conservator), shall be entitled to claim the deduction for the dependency exemption for their minor children, as long as either party is entitled to claim the dependency exemption under Section 152(e) of the Internal Revenue Code of 1954, as amended, The Husband agrees that he will sign Internal Revenue Service Page 7 of 12 Form 8332 or any other declaration required by the Treasury Department or the Internal Revenue Service to implement this Agreement and agrees to provide such declaration to the Wife, INTEREST DEDUCTIONS AND DEPRECIATION, At such time as the parties file separate Federal and State Income Tax returns and as long as they own any real property described in this Agreement, the Husband shall receive fifty percent (50%) of the interest deductions and depreciation attendant thereto, and the Wife shall therefore receive fifty percent (50%) of the interest and depreciation attendant thereto, CAPITAL GAINS, The parties acknowledge that they have not accrued any capital gains from the sale of any marital property during the previous tax year, or in the current tax year until the present, which have not yet been appropriately documented within State and Federal tax filings, as required by law, Other than any capital gains tax implications and responsibilities identified in Section 6 above, if future capital gains, associated with the sale or transfer of any marital property, are recognized, the parties agree that the Husband will pay fifty percent (50%) of all taxes due on these gains, and any and all interest and/or penalties that may become due upon that portion, and the Wife agrees to pay fifty percent (50%) of all taxes due on these gains, and any and all interest and/or penalties that may become due upon that portion, COOPERATION REGARDING CLAIMS AND DEFENSES, The Husband and the Wife each agree to promptly notify the other in the event the Internal Revenue Service or any state or local taxing authority provides notice of an audit, deficiency, refund, or the adjustment regarding a tax return that was jointly filed or that should have been jointly filed, The party receiving such notice from a taxing authority shall provide a copy of the notice to the other party, The Husband and the Wife further agree to cooperate fully with the other in any claims for refunds or in defending against any deficiencies that may be determined with respect to joint income tax returns filed (or to be filed) for the calendar year 2004 and years prior. This includes, without limitation, the making, executing, and filing of amended income tax returns; applications for refunds, protests, and other instruments; and documents as may be required, RELEASE OF GENERAL CLAIMS Except as expressly provided in this Agreement, each party hereby waives, releases, renounces and forever discharges all other claims, causes of action, rights or demands, known or unknown, past, present or future, which he or she now or hereafter has, might have, or could claim to have against the other or any present or future property of the other by reason of the marital relationship or any matter, thing or cause whatsoever. Nothing in this Paragraph shall be deemed to prevent either party from enforcing the terms of this Agreement or from asserting any rights or claims expressly reserved to either party in this Agreement. Nothing herein shall impair or waive any cause of action which either party may have against the other for dissolution of the marriage or any defenses either may have to any such cause of action, The parties, by execution of this Agreement, have provided for a fair and equitable distribution of all property belonging to the parties, AUTOMOBILE INSURANCE Each party shall be responsible for his or her own automobile insurance from the date of separation and thereafter, with no contribution required from the other party, SOCIAL SECURITY AND OTHER BENEFITS Nothing in this Agreement shall constitute a waiver or either party's individual rights to receive Social Security or other governmental benefits (state, local and/or Federal) on his or her own account, as a widow, widower, or separated or divorced person, in consonance with Page 8 of 12 applicable law, BINDING EFFECT This Agreement shall be binding upon the parties, their heirs, administrators, executors and assigns, SUCCESSIONS This Agreement shall inure to the benefit of the parties and their respective heirs, administrators, executors, successors, and assigns, GOVERNING LAW This Agreement shall be governed by the law of the Commonwealth of Pennsylvania, The Husband and the Wife consent to the jurisdiction of the Court of Common Pleas of the Commonwealth of Pennsylvania for the purposes of enforcing the elements of this Agreement. ENTIRE UNDERSTANDING This Agreement contains the entire understanding and agreement of the parties pertaining to these matters, and they shall not be bound by any representations, warranties, promises, covenants, or understandings other than those set forth herein. All prior agreements, understandings, or representations are hereby terminated and cancelled in their entirety and are of no further force, No amendment or modification of this Agreement or any judgment or order based on it shall be valid unless signed by the Husband and the Wife or ordered by the court after duly noticed hearing, RELIANCE ON MATERIAL REPRESENTATIONS The Husband and the Wife acknowledge that in entering into this Agreement, each has been induced to and is directly and materially relying in good faith on the truth and completeness of the representations and warranties expressly made by the other party to this Agreement. The parties have also either agreed to not exchange any financial statements and records, or upon agreement, have exchanged sworn Financial Disclosure Affidavits (Statements of Net Worth) and other financial data including, but not limited to, joint Federal and State Income Tax Returns, W-2 Wage and Tax statements, data regarding the benefits from employment, pension information, bank statements, checking account statements, and credit card bills, as well as other miscellaneous business and personal financial data, MODIFICATION The parties at any time may, by mutual consent, amend or modify the terms of this Agreement, provided that any modification or waiver of any of the terms of this Agreement shall not be effective unless in writing and executed with the same formality as this Agreement. BREACH AND WAIVER Any waiver of any breach or default under this Agreement shall not be deemed a waiver of any subsequent breach or default, FURTHER ASSURANCES The Husband and the Wife shall each execute and deliver promptly on request any additional papers, documents, and other assurances reasonably necessary in connection with the performance of these obligations, In the event that either party fails or refuses to comply with the provisions of this paragraph, the failing party shall reimburse the other party for all losses and expenses Including, but not limited to, attorneys' fees and costs incurred as a result of such failure, SUBMISSION TO COURT Page 9 of 12 This Agreement may be submitted by either party to any court before which a petition for the dissolution of the marriage may be pending for approval by the court and for incorporation into final judgment decreeing the dissolution of the marriage, SUBSEQUENT DIVORCE If any action for divorce is hereafter instituted by either party against the other, this Agreement may, if desired, be submitted to the Court in such action for approval and incorporation in a decree should one be granted; but this Agreement shall be independent of, not merged with, nor dependent for its effectiveness upon such approval or incorporation, nor be othelWise affected thereby, RECONCILIATION The parties recognize the possibility of reconciliation, It is their intention that a reconciliation, temporary or permanent, or a further separation after any reconciliation, shall in no way abrogate or affect the provisions of this Agreement having to do with the settlement and disposition of the property rights of the parties nor their respective real and personal property, as set forth herein, DISPUTE RESOLUTION The parties agree that every dispute or difference between them, arising under this Agreement, shall be settled first by a meeting of the parties attempting to confer and resolve the dispute in a good faith manner. The parties shall attempt to meet together as soon as reasonably practical. If the parties cannot resoive their dispute after conferring, either party may require the other party to submit the matter to non- binding mediation, utilizing the services of an impartial professional mediator approved by both parties, Such mediation shall occur as soon as reasonably practical and neither party shall unreasonably withhold its consent to the appointment of the mediator, The reasonable costs and expenses of the mediator shall be borne equally between the parties, In the event that a dispute between the parties cannot be resolved in the foregoing manner, each of the parties hereby waives its rights to a trial by jury in any action or proceeding arising out of in connection with or in any way pertaining to this Agreement. It is agreed and understood that this waiver constitutes a waiver of trial by jury of all claims against all parties to such action or proceedings, including claims against parties who are not parties to this Agreement. This waiver is knowingly, willingly and voluntarily made by each party, NOTICES All written notices and demands that either of the parties give to the other party in connection with this Agreement, or any to personal service, shall be made by mailing the notice or demand in a sealed envelope addressed to the party, with postage fully prepaid by certified mail, return receipt requested, Any service to the Husband shall be addressed to him at 122 Clark Street, Lemoyne, Pennsylvania 17043, or another address designated by him in writing to the Wife, Any service to be made on the Wife shall be addressed to her at 1100 Saffron Drive, Mechanicsburg, Pennsylvania 17050, or another address designated by her in writing to the Husband, IN WITNESS WHEREOF, the parties hereto have set their hands and seals to two counterparts of this Agreement, each of which will constitute an original, this 7th day of October, 2005, Page 10 of 12 -~.~ . ~ Chance C. Miner, Husband lit (fJI.r!vfji (/!!p([}h( Witness// / // ..~/G.. .7 /'-~' LisV\11'n Miner, Wife L,l1Ii(;;~/!{ (11(J(JJ;/ Witness Page 11 of12 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF ~Ilml)pr 1 Rnrl , SS,: On the 8 t h day of Oc t 0 be r ,20.Jl.5....., before me, Melissa Moore , a notary public within and for the County and State aforesaid, personally appeared Chance C, Miner, personally known to me (or proved to me on the basis of satisfactory evidence) to be the individual whose name is subscribed to the within Agreement and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the Agreement he executed the same as his free and voluntary act and deed for the uses and purposes therein contained, IN WITNESS WHEREOF I hereunto set my hand and official seal. I j;/ /1/ J A /1/J / j II r/7f /J CO~MONWEA~~~NNSYLVANIA I /I/UA/VfVJ t/[ (/lI &V W~ Melissa Moore, Notary PubliC V East ~enns~ Twp" CumbOfland County Notary Public My CommiSSlOn Expire9Aug, 12,2009 , Member, 'ennsylvanta ^ssoclalloPl of Nolafles My commission expires on COMMONWEALTH OF PENNSYLVANIA, COUNTY OF Cumber] and ,SS,: On the 8 th day of October, 20...2.2.-, before me, Me lis s a Mo 0 r e , a notary public within and for the County and State aforesaid, personally appeared Lisa Ann Miner, personally known to me (or proved to me on the basis of satisfactory evidence) to be the individual whose name is subscribed to the within Agreement and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the Agreement she executed the same as her free and VOluntary act and deed for the uses and purposes therein contained, IN WITNESS WHEREOF I hereunto set my hand and official seal. , (/lfJi(AMt? utttt3~ Notary Public My commission expires on COMMONWEALTH OF PENNSYLVANIA Notarial Seal Melissa 1.>1oore, Notary Public East Pennsboro Twp., CllmbOfland County My Commission ExpireS Aug. 12, 2009 Member, Pennsylvania Associdon of Notaries Page 12 of 12 ,-,," , ,~:;) <! (-,. ~) G\ \ ,. ....' :;..... ", ( " ~1 -r: ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Chance C, Miner Plaintiff vs, No, 2005-05301 Lisa Ann Miner Defendant DIVORCE AFFIDAVIT OF CONSENT 1, A complaint in Divorce under Section 3301 (c) of the Divorce Code was filed and served on 0c:iJI.,/, c::a:.,~,,5 ' 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, 4, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, D~n~(}7~ Date: f /Z;/lO:X.. / SWORN and SUBSSRIBED to before me this ~ day of JCLi1,;>c..j t.oo(, , l j tvJwtc "c>--" - 11 1. Ill*IrNIID ''1UJL_.I_''=-- life la._ ):-, ' i) ~.. ...;;,-} , -,.. ;-;-.! L~.1 ! tG " ~-0 (::) C'; ,~ --< ~,-,.) "'l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA FAMILY DIVISION Chance C, Miner Plaintiff vs. No, 2005-05301 DIVORCE Lisa Ann Miner Defendant AFFIDAVIT OF CONSENT 1, A complaint in Divorce under Section 3301 (c) of the Divorce Code was filed and served on Oc.lo6v 011. ;;u,o.:i ' . 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, 4, I understand that I may lose rights concerning alimony, division of property, lawye~s fees or expenses if i do not claim them before a divorce is granted, d.u ~ . Plaintiff Date: /An~ .:/-! <?foOt:. SWORN and SUBSCRIBED to before me this .:2..3 d) of 3iU1Uarj , '000, - '. ( ~~/d" -?~ ItfJd C(J'n C; {' ,,- Nota Public NOWlW.IIIAI. ~vw..lI NoIary NlIc IimIlIIlOWN 1WP.1UClCI COllNlY __ CoINII L1: . bpftt IIIlr 1 ,. aGllf ....., ,~ _.~ r-;:: ~:A -q rq CJ l . ,~-. -' , .' :0~ LD C':J c...~: jJ1<'Ji',j,.&~"U\'. ~-^". .f\I".''1I/II< ~.~_~:,t':,"jt>i ~:;'I)I:>lA!'W"""jl~~ 9OC~ .L I .,.,;. ...,",., r~)"" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISiON Chance C, Miner Plaintiff vs, No, 2005-05301 Lisa Ann Miner Defendant DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301 (C) AND ~3301 (D) To the Prothonotary: 1, I consent to the entry of a final decree without notice, 2, I understand that I may lose rights concerning alimony, division of property, Lawyer's fee 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 statement are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 PA C,S, ~ 4904, relating to unsworn falsification to authorities, ~~ Plaintiff Date: h c:l3 AJoC, ,-> r..... .~ ,w, '.F' ~c \..;:,; c:) ,n \...,' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Chance C, Miner Plaintiff vs, No, 2005-05301 Lisa Ann Miner Defendant DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301 (C) AND ~3301 (D) To the Prothonotary: 1, I consent to the entry of a final decree without notice, 2, i understand that I may lose rights concerning alimony, division of property. Lawyer's fee 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 statement are true and correct to the best of my knowledge, information and belief, I understand that false statements made herein are subject to the penalties of 18 PA C,S. ~ 4904, relating to unsworn falsification to authorities, JJ:1, OfL- Date: ~/z!/0::J{p (') "'~ Cf '~::.:':, ,-- r..:? ~TI (."y. ~'\...., r"'] GJ \"':::1 ....0 C> '.-, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Chance C, Miner Plaintiff vs, No, 2005-05301 Lisa Ann Miner Defendant DIVORCE ACCEPTANCE OF SERVICE 11 I, Lisa Ann Miner, hereby state that I have accepted service of a true correct copy of the Learn flC>.-ln t in the above captioned matter on (JcfnhucY{J. douS by ~ (a) Certified Mail sent to the following address: I 100 ~I'\f'f'eo~ OlWJt: M~~iC-,,>bu.-~ I Pt?< noso _ (b) Personal Service, This document was hand-delivered by: whose age is and address is ~LiJq:L~ CD endant , ~,.;.' . ~l -1"1 r-;", b) , \..;.:~, I..L' ('.'::~ C'~ ...;;,: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION Chance C, Miner Plaintiff vs, No. 2005-05301 Lisa Ann Miner Defendant DiVORCE ACCEPTANCE OF SERVICE I, Lisa Ann Miner, hereby state that I have accepted service of a true correct copy of the t:l...\.i.... -b Q~ in the above captioned matter on ()ct6Jvo4J ~o 5 by Ana <'\r.,iV' <40"T:, . ......k:::- (a) Certified Mail sent to the following address: \\<;1::> 5~~ Oll-,vE M~h.....,,~I..v:z..C':::. .?A. tillS.;, _ (b) I"ersonal Service. This document was hand-delivered by: address is whose age is and Defe~~'~ - " -f'1 :~J f~j.1 0:). , L:" \.,'-,\ \~-} C;-'" -0 to \ ~ ~i\ 3 "~ ~z '" ~ c CP a- "3 -- 3 q -- " ~ - . rl? ~. Q' f " \ ~ N . o " '.a I;-u \~ o \~ l\~ o , :D ',0 \!. Cl ~ . C1 , \ ru ~ _. uJ '9. p tp tp ;-,,\ · IJl ~;;;o:o -' t- ~;.Q eo 5'3 ~ '"'C. - '-' a. 0 l>> g....... +:-'0 <!" 0 U' ~ ~g.a."'3-'ro ~ 0 1> k ~,,~,,;~ ~ 0. _~'dI:J m en l^ ~ , ~ ~ ~ ~ a ~ K ~'o. ~....i.bs>>(t)~ 11 ..". ..... UlOr'";3Q..N .,.., " ? "O....~o.o_ 'I n:\ [lI ::r ~ f,iJ (I) f,iJ ~ t:> ~ g ~,,8:Z5. ~ 0,- "'~"'(i)~", :<r- "7 ill 0 () (I)"':;;' v (".- 3'7'~1Jl1il)> <. ;+ 9.. 0... 0 a. {ji'" 1G rJ !fl5-o;"ro~ V f'J ~~ ~~~ ~ ..:: (ji" ~. ~ $ o '" !' '? r - -0 -"}> -.l o U' o " '" l~~ (} c: _" ~ [ H~ ~ ~. 'I\. <:." - u.J ~ ~ ~ ..) 0 Lr ig~ ';t1 9"3 a :n ~ ~ ~ ~. ~ '9. Q ri ,.... ,.; q; 0.. if''. V UJQ: 0--' ~r.O mifl .... ~n: wex; d:,<f. w:J: UJ ~ I-' if) o UJ !:: z ::::J ,"- r<) -, ,.. :t .., ~ 0 .., r- .., :2 ~ ... ~- Vl <;t. ... -:r 0- ..::1 ... L J .--- lj .., <t ~ -. .- ...,... 1 i) J .., i 0 .., '15 ~ > C) r6 .~ .., - - - ,-- '.. ,-- . I.... I;) 11 (~ .'i" ...\. - ---- \:~ _____ _...1__ t'" IN THE COORT OF C(MI10N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ti),h/cE C U /JelL NO. Jf)O?~D7JO/ CIVIL 19 vs. lr'!;A ANN ;t11iVe7:l.. PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c) 3391 (d)(l) of the Divorce Code. (Strike out inapplicable section) (in/;/!~d ~ I K(.~arJ 2. Date and manner of service of the canplaint: '~'/JI , rJclo~v- ~, ~O f) , 3. Complete either Paragraph A. or B. A. Date of execution of the affidavit of consent required by ./ ,7/.W~ ,13" dJ~ Section 3301 (c) of the Divorce Code: by the plaintiff by the defendant ~u~ J~ .:Jool;, B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: AI/A 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(l)(i) of the Divorce Code {'trilbi 1l1~/ -R.m/l.t.J {q,Etfl1 ~ khu~ .'.ttorRS~' for PlaintiffjDefc."doIA: o S"-;:: ~~ r~ ' ,.>"- ~7~ ..,- , r7"J G:J , ....0 l..C' C) u;;., ... . . . . . . . . .. Of. :+i ;+:;t; . :t::+::f. :.: '+i:f. :+: :t: 'l':+;;+. '+',., ;+::f. ;f.:f. :f. 'f.:f.'l':f.'+:;+::+:'l'+. +. +;:f.:+: +.:f. Of.:f.:+ :to:f.:f. '+' 'l':t: +.:+,., . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . . . . . . . . . . PENNA. STATE OF (ihAI.Ju; C. Ut'A/c/{ clOD 5 - o63D/ No. . . . . . . . . . . . . . . . . . . . . . . . . . . VERSUS L/$A ANN /l1 ,AI 6,e. DECREE IN DIVORCE ...- t ~\c;"-\)M'\ ChANCC C. M "I\J€,,~ \,,\ IT IS ORDERED AND lClO{p . . . . . . . . + + + + + + + . . + . + + . . . . . + . . . . . . . . . . . . . . . . . . + . . . . + . . . . :+;+: 'f Of. AND NOW, DECREED THAT , PLAINTIFF, L/SA 4,."" M ,'AJa AND , 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; Ala Ne . . . . . . . . . . . . . . . . . . . . . + . . . . . . . . + '+'+++'l'+:+:++'++++? By THE~URT: ~--L \ ATTEST: U41 t!~ . ~ , -'-~"1 P"OT'O'O,W .... :i''l' :+:+;t: +:f.:f.:f.+:f.+:f.+'+++++:f.+:+:+'+' + 'f. Of 'to:+. :+ + Of' Of + :f. 'to':f. '+':f. '+':+: 'f. Of 'f Of Of' . . . . . . . . . . + . . . . . . + . . . . + + . . + + + + + . . . . . . . . . . . . . . . . . + . . . . . . . . . . . . . . . . . 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