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Home My WebLink About95-04414 ,~ :~~ e' 'f" , . ;!,' ,::~r ' .:(~ft~~..l, ~. ~',~ ,):' t'. ",(j .;1 , ~'. .'. J- ,'.,' .. ..,' , ' '"',' ~ " .).'tl (, ~ ';) ~ ,.,- ",' .,,- ";', -t ki - -oJ ~ '"iY,. J, .':~ r .-,J', ~ ~ J -',' ::r ",'; , I ,;- - -r 7 " ",,;- ':i::' :.~I ..'::;" ,'~~?~ ~::; ."~ .: .., ",,:.'; , :'.t *~'~**~~~~~~--~*-~--*)-~.'~-~*-~--~ ~ I ' '" ,--.~ ----- ------,-,-,-----------,------- -'l~ , ( ~' M ~l IN THE COURT OF COMMON PLEAS ~ ~I ~ ~\ '.'{ w ',' OF CUMBERLAND COUNTY I'!' STATE OF . PENNA. ~ '.' ~I '.' * .', ~ ~ TRACY L'!3HELLER, Plaintiff ., ~ ',' No, 4:414."",,,,... "C,i.v.il. It) 95 ~, "(-'r,'HI:) * RODNEY L. SHELLER, ~ Defendant ~ ~ '.' ~ DECREE IN DIVORCE AND NOW. ...V~..,..I......... 19.~.Gt is ordered and decreed that ..,......,... ~.R.~?~. .~: . ~.H.~~~~.~ . . . , . . . . . . . . . . . " plaintiff. and, . . . . . . , . , . . . . . . . , . . . . ,~~~.N.~~. ~:. . ~~~.~~~~.. . . .. .. ... . . '. defendant, are divorced from the bonds of matrimony. * ~l '.' ~ .', ~ '" ,', ~ ,;, ~ ,;, " $ 8 The court retains jurisdiction of the following claims which have been raised of rewr.c! in this action for which a final order has not yet been entered; V\N"'-t THE PARTIES MARITAL SETTLEMENT AGREEMENT DATED NOVEMBER 20, 1995 * ~ .... * ,;, " ........................... ......... ............ ...... ...... ............ ", IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT, ...,....... ...... ..........,............................~.,.,-. ............ <(// Alle.l: x."/...tv;u:o' e t<.Ua; .t.'~~.......~ J. '/-d-:;; r.~L K ~th. f.)/f / ' Prolhonolary w '.' II v T h M ..' ~ ~ .~ ~ .:; ~ ~I ~ :i' ,_ __ ".:.:. .~:. .:.:- ~ ~ ~ ,;, " ~ .~ ~ '.' ~ '.' ~ ~ .... ,'. ~ ~ .' ~ " 8 ~ ~ .~ ~ ". ~ * ~ '.' ~ ~ $ ~ '.' ~ s ~ .~ )~ ~~ , . .~ ~ ~ ~ ~ .~.~..~*******.~***~.~.**~.~. ,~ II. .J,;}. ~ tal U1f ~~. ~ 4 .s4t.t!( 11.X/..9s '11tctb lu~-ddfll , , WHEREAS, Wife is represented by her separate legal counsel and has been advised of her respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support, and Husband has voluntarily chosen to be unrepresented in this matter, but has been advised and continues to understand that he has the right to be represented by his own separate legal counsel who could advise him regarding his respective property rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support; and, WHEREAS, each party is fully familiar with the marital property and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code, including all claims regarding equitable distribution of marital property, alimony, spousal support and related economic claims. NOW, THEREFORE, the parties hereto being legally bound hereby, do covenant and agree as follows: 1. The parties agree to the entry of a Decree in Divorce pursuant to Section 3301(C) of the Divorce Code. Both parties shall execute and file the requisite Consents with the Court contemporaneously with the execution of this Agreement. Wife's counsel shall withdraw Wife's claim for economic relief. The Wife's attorney shall file the Praecipe to Transmit the record and obtain a Decree in Divorce without delay. Should either party do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtain the Divorce Decree in breach of this Agreement, the other party may, at his or her 2 option, declare this Agreement null and void, ab initio. 2. This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. No Court may change the terms of this Agreement, and it shall be binding and inclusive upon the parties. An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written agreement signed by the parties expressly stating that this Agreement has been revoked or modified. 3. The parties have divided between them to their mutual satisfaction their personal effects, household furniture and furnishings, automobiles and all other articles of tangible personal property which have heretofore been used by them in common and neither party wil1 make a claim to any such items which are now in the possession or under the control of the other. Each party wil1 execute any and all documents necessary to effectuate the transfer of ownership of any items of personal property titled in both names. The party receiving sole ownership of such items shall pay all costs associated with the transfer. 4. The parties have divided between them to their mutual satisfaction all intangible personal property consisting of cash, bank accounts, annuities, securities, insurance policies, pension and retirement rights, whether vested or contingent, and all other such types of property. The parties hereby agree that all such intangible property presently 3 in the possession of or titled In the name of Husband shaH be his sole and separate property, and that in the possession or titled in the name of the Wife shaH be her sole and separate property. Each party hereby expressly waives any right to claim any pension/profit sharing/retirement rights of the other, vested or contingent, each party to retain full ownership of such rights as his or her sole and separate property. 5. Wife shall solely and individually responsible for the payment of the entire remaining balance, including all interest due, on the Discover credit card account, which presently has a balance of approximately nine hundred ($900.00) dollars. 6. The parties are joint owners of a mobile home located at 6 Cooper Circle, Carlisle, and the Husband is in possession of this mobile home. The mobile home's value at separation was determined to be $19,100.00, and the payoff to the lender is approximately $15,000.00. Husband agrees to refinance the mobile home in his name alone no later January 15, 1996, and will pay Wife the sum of two thousand ($2,000.00) doHars, representing her approximate equity interest in the mobile home, at the time the refinance loan disburses from the refinance lender. Husband shall to be solely responsible for aH loan payments, utility bills, taxes and maintenance costs associated with the mobile home from the time of separation forward. I I i 7. Except as herein otherwise provided, each party represents that she and he have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable. Each party agrees to indemnify and save and hold harmless the other from and against all such debts, liabilities or obligations of any kind 4 { i.... which may have heretofore been incurred between them, except the obligations arising out of this Agreement. 8. Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep each other indemnified against all debts, charges, or liabilities incurred by the other execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and neither of them shall hereafter incur any liability whatsoever for which the Estate of the other may be liable. Each party further agrees to indemnify and save and hold harmless the other from any and all liabilities he or she may incur upon the obligations of or assumed by the other, which indemnification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable attorney's fees actually incurred. 9. Both parties agree that the hereinabove set forth Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases, and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as otherwise may be provided pursuant to the provisions of this Agreement. 10. Husband does hereby release, remise, quitclaim and forever discharge Wife and the estate of the Wife from any and all claims he has now, ever may have or can at any time have against the Wife or her estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the Wife, arising by way of widower's right or under 5 ",',j . the Intestate Law arising by any right to take against the Wife's will, arising out of the Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising by any nature whatsoever, excepting only those rights accorded to the Husband under this Agreement. 11. Wife does hereby release, remise, quitclaim and forever discharge the Husband and the Estate of the Husband from any and all claims she has now, every may have or can at any time have against the Husband or his estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the Husband, arising by way of the widower's right or under the Intestate law, arising by way of any right to take against the Husband's Will, arising under the Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support arising by any nature whatsoever, excepting only those rights accorded to the Wife under this Agreement. 12. If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise shall enforce the provision of this Agreement, the successful party shall be entitled to recover his or her reasonable attorney fees, actually incurred, from the other as party of the judgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise as the same shall be determined by the Court. 13. The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and ha~ been fully and completely informed of and is familiar with and 6 ".<"&;~h:_.~~J:~\l~_~~~~--f._~::.~<.~~~~~<*:Y!\~~~l~~_~~~b,;.1lf..~~~~:i'_%~Y;t.\\[~.~-:;'~'i'~;.#.~ J7:~~''f;'jl'~:7';.:. .~:-~?;.t7~*"~:~~.#:h~~"_i;;_^.~" >~.,.{- . . is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 14. This Agreement constitutes the entire understanding of the parties. There are no covenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained. 15. This Agreement is subject to modification only by a subsequent legal writing signed by both parties. It shall be construed according to the laws of the Commonwealth of Pennsylvania. 16. Husband and Wife acknowledge that each of them has read and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences. 17. This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. WITNESS: ~~~ &a~ ~ SJtU),v- Tracy L eller j domcs,lc/divorcc/.helle,.as, 7 TRACY L. SHELLER, , IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . V. 95-4414 CIVIL TERM , . RODNEY L. SHELLER, . CIVIL ACTION-LAW , Defendant , IN DIVORCE , 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. Ground for divorce: irretrievable breakdown under Section 3301(c) of the divorce code. 2. Date and manner of service of the complaint SERVICE ON THE DEFENDANT BY U.S. CERTIFIED MAIL-RESTRICTED DELIVERY ON AUGUST 23. 1995, 3. (Complete either paragraph (a) or (b),) (a) Date of execution of the affidavit of consent required under Section 201(C) of the divorce code: by the plaintiff NOVEMBER 20. 1995 by the defendant NOVEMBER 17. 1995 , , , (b) (1) Date of execution of the plaintiff's affidavit required by Section 201(d) of the divorce code N/A , (2) the defendant Date of service of the plaintiff's affidavit upon N/A . 4. Related claims pending NONE 5, Indicate the manner of service the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 201(d)(1)(i) of the Divorce Code N/A ~ tflf~ Michael A. Scherer, Esquire Attorney for the Plaintiff _.~',~.,~";._.~;';_ ..,""_J,.'_.....~...,.... ..,."...,....-....:..:,.: '~.'~~","'!It IJ"'J a"J = '">> .s.... 1'1 ~.~ ~'... <.;. ~.~ .:-. i: ,~c~..,.l..i :~\~.-.~~ ~l':". :~'''''. hlr;..t:~ ,"j'''' 'JJ :~:u. '" fJ_ ,.."'> :.~ ,.. '':> = ,".... :- ::..~ . ':'/ ~ ~ ~ Po ' z~ i8~ ou.... uQ~ "'~~ 0..:1>- Eo< I>: III I>:(II~ O!S(II OSPo Uu (II", iSo z .... '. --'-.- .., '. t~ ~ T : WjSS. ,l' . E fg , -,~ .' 0 Q;roi ""'"'~, .S"'~ " ~sis ,;~,,:~:'~ ;::a:1:: ,..' 00' Qi~' l!;8,":'c,.,......;::~...~' ," //.! .:~:;:..e:\..,~:~i~,..-~;.\;.~> ,.. ';"~ . >_~ ' .)t' ',., ,.1 . I'! .'-> 1,: >.'. ~'.,i ',' /"/~j;f:~~:' ~;", ~:t;~ ,":," '",. " .," .:,,-",;,/."".- . . ',~', ,,:\"'." " .','" - - ~., : '..~'/;' , 1>:' (II ~lW (II'" Ill.... 11I01> ~ ..... ..:I'" Pol ~Po ~ I>: Eo< II II II , II = Ii ,,.:I II ..:101>11 (II ..' II Ill" II 1II~ II .. II . .... II ,.:a:: II , GI II .. tlQII Z II Q II O II II 1>:. 'II ,II ,II II ,II II . :- I , .;,c-: ' ~"'- ,;:'f~'~~~;':~':: } '! .'~~<~::':'; f,~'. . ',. ~ .";-. :f ;,' ,,: :.:,.;.' { i :41" e> . ~".., ~'., -.; " .." , .. ~~:. -'0:;:"" ,L ","'.':" ;: i i!, ~ ;. ,''', .~{ ; .'" ;;.,' ;. , ;;~-. ., .>...~..~f; .', ~.." . 'n,'" ,. " ", d' " .1' .... > r~ , .. .,:. :, .. III U ,I>: o I> .... Q Z .... ~' Ill!!: Eo<- ,,.:a .." I III "'zu ....0 .1> .... I>: ~Eo<~ ..U.... , ~Q.. ";:l ei 1>' "I',.... U'I'U 0\ . )". <..t',' ., ~ ~ ~ [l ~ to ~ ~ i j ~ ~ ~ i: ~ ~ I Eo< , Z .... ~> ,.:a !:!. o 'U " ", . ~, .' " .- , , . ~.;' .. .~ : . ,..:-', '!: ..,.... ,.~.:. " :;;! .'" :;; ,~ ~::~~~:::.;~:~~~ . :i,J. _...'-.......:;;;.:"'~ r ) .r 'mACY L, SHELLER, Plaintiff IN 'mE CXXJRl' OF c:x:tM:N PLEAS OF CUMBERLAND CXXlNTY, PENNSYLVANIA v, 95- CIVIL TERM Ra:.tmY L. SHELLER, Defendant CIVIL ACl'IClHAW IN DIVORCE <XMPIAINl' UNDER SECl'IOOS 330ltCl AND 3301/01 OF 'mE DIVORCE ODE 1. Plaintiff is 'mACY L. SIlELIER, an adult individual who currently resides at 400 North Bedford Street, carlisle, CUntlerland county, Pennsylvania, I I i currently resides at 6 COOper Circle, carlisle, CUntlerland County, I i I I I 2, Defendant is ROOOEY L. SHELLER, en adult individual who Pennsylvania, 3. Plaintiff and Defendant have been bona fide residents in the catrnonwealth of Pennsylvania for at least six months inmediately previous to I the filing of this complaint. 4. The Plaintiff and Defendant were Jl'aITied on August 8, 1992, in Ii Mount Holly Springs, CUIlberland county, Pennsylvania. II tl I i !I !j ,I CXXJNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above, 6, There have been no prior actions of divorce or for annuhnent between the parties as to their current narriage. I 7. Neither Plaintiff nor Defendant is in the Armed Forces of the I, II United States. !I 8. Plaintiff avers that the Jl'aITiage between the parties is 'j irretrievably broken. il 9. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable COUrt to enter a decree in divorce. CXXlNT II - OMSIOO OF PROPERTY 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. ll, The parties have acquired personal property, including autanobiles, bank accounts and other items of miscellaneous property during the course of their marriage, sane of which is marital property, WHEREFORE, Plaintiff respectfully requests this Honorable COUrt to enter a decree which effects an equitable distribution of marital property. Respectfully subnitted, Date : g'17' e;!" Ad~/CI.~ Mi~"~i'-A,~ Scherer, Esquire 1.0. '61974 17 West South Street carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff . ~l":_' ~~.~~~f~'-"""~A'-.~";'~,""""""""'~';,;"~~"~,~,>>"""",~""-""",,,,~_,,,"'_""'~"""-,\-_._~........,.,.~.......~"",_,..,..._~_,.". Ii I .I~.~ . ~ I!~ 'I . \ I verify that the statements made in this Catplaint ere true and correct. I understand that false statements herein ere IIl!Ide subject to the penalties of 18 Pa, C.S. S 4904, relating to unsworn falsification to authorities . Date: R..11-OS ~r{l~~~ . ~,~~~~,Y!,~~<,.~~'}:,"","-"'-., TRACY L. SHELLER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95-4414 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE AFFIDAVIT OF CONSENT RODNEY L. SHELLER, Defendant 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on August 18, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the court before the entry of a final decree in divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 6. I am not a member of the armed forces, nor in active military service, of the United States of America or the Commonwealth of Pennsylvania. 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 Pat C.S., Section 4904, relating to unsworn falsification to authorities. Date: I I - ZO -qCj Qt\a~ # ~ ACY L SHELLER V> !;'"> .'- .< ~ -,~ ll.~' :r. ~ I;~~:[ (:..- ':-,;:;;.. " . ..'.e'-,-" ..- 1.'_ .,'.. _,' H. r _; ~. I t, I :.&: l"'U'''' II<- :!;U.. ~- 0.... = 4-': .... o SO? ~ ". :1a 0' ",'~flI"~~~i'."'''''''"''; .. " , ?,'Ct', .... , c-'" ~t1" .:.......,.. -c_:_e,:' "~'~._ .~S:v,-,::, v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 954414 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE (\FFIDA VIT OF CONSENT . TRACY L. SHELLER, Plaintiff RODNEY L. SHELLER, Defendant 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on August 18, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the court before the entry of a final decree in divorce, the right to claim any of them will be lost. S. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 6. I am not a member of the armed forces, nor in active military service, of the United States of America or the Commonwealth of Pennsylvania. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904, relating to unsworn falsification to authorities. Date: /!-17-9S- / TRACY L SHELLER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA 95-4414 CIVIL TERM RODNEY L SHELLER, Defendant CIVIL ACTION-LAW IN DIVORCE CERTIFICATE OF SERVICE I, Michael A. Scherer, Esquire, attorney for the Plaintiff in the above-captioned divorce action, do hereby certify that I served a certified copy of the Complaint in Divorce to the Defendant, as per the attached U.S. Postal Service Certified Mail, return receipt card. O'BRIEN, BARIC & SCHERER BY ~.k/af~ Michael A. Scherer, Esquire DATE: 1/.20''/> . . <,o/i:','~'-F'.i:;'!:;:~h,:'.;:;:S";:W ,j" .~ 13 . December 1991 ..u.a.ClPO:'_l1. DOMESTIC RETURN RECEIPT lJ'> ?"' ,-:~ I>- ~t "" ,.:: .~ .' I ;; .~. ~:_-~ h_:- '..~ 1':. . ~: ':l. --:,q '01, .;;:t- .liU '. Q. ~ ;:t_'" '-'-;: t- o:;) :::> = "-...I :- C> ;;'0::: . v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95-4414 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE TRACY L, SHELLER, Plaintiff RODNEY L. SHELLER, Defendant pRABCIPE TO WITHDRAW TO THE PROTHONOTARY, LAWRENCE WELKER: please withdraw Count II of the complaint In Divorce filed on August 18, 1995 relative to the above-captioned matter, Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: //.10.Q5 ~t(.~ Michael A. Scherer 1.D, 161974 17 West South Street Carlisle, pennsylvania 17013 (717) 249-6873 Attorney for the plaintiff Tracy L, Sheller domestic/divorce/sheller,wdr ~ _^!<. .' TRACY L, SHELLER, IN THE COURT OF COMMON PLEAS OF plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . v, . 95-4414 CIVIL TERM . . . RODNEY L. SHELLER, , CIVIL ACTION-LAW . Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on November 20 , 1995, I, Michael A. Scherer, Esquire, of O'Brien, Baric & Scher.er, did serve a copy of the praecipe to withdraw, by first class U. S. mail, postage prepaid, to the party listed below, as follows: Rodney Sheller 6 Cooper Circle Carlisle, pennsylvania 17013 ~ II. .u.- Michael A, Scherer lr'7 ~ ~~ - _r"" ," ~)~ :,:' :- ..~.' 1-;:( .. ' C:,) .' ~ > , . -I ". ';.') '2 , .' <:::> ;...,: . l ~~. ." ,Q. J:':; ......= ... " TRACY L. SHELLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95-4414 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE v. RODNEY L, SHELLER, Defendant Ii I the ORDER OF COU~~--; ~ AND NOW, this ~ day of __. , attached Stipulation and Agreement is hereby made , 1995, an Order of Court and all prior are hereby vacated. Orders in thi~~er BY THE. COURT, /! I /" /'/ , I I i I I II I' I I , !I il I, :1 I, I I I I , 11 II !i il )~b ,I I" '1' 11 J .\. ; ,tl~ i: , I' !i , 'I .- '\ 1\ \ \ \ \ \, I TRACY L, SHELLER, plaintiff , . , . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA 95-4414 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE as v, RODNEY L. SHELLER, Defendant CUSTODY STIPULATION AND AGREEMENT This Agreement and Stipulation entered into the day and year . hereinafter set forth, by and between Tracy L, Sheller (hereinafter referred to as "Mother") and Rodney L. Sheller (hereinafter \ referred to as "Father"). \1 \1 \ \ ! WHEREAS, the parties are the natural parents of Austin 18, 1993 (hereinafter referred to Sheller, born October "child"); and WHEREAS, the parties are presently separated and living in separate residences; and, WHEREAS, the parties wish to enter into an Agreement relative , I I to custody and partial custody of the child; and, II i \ ! NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. The parties will have shared legal custody of the child, 2. The Mother will have primary physical custody of the child. 3. The Father will have partial physical custody of the l' " . \ child as follows: I ,I .,..".~~ \! a. On alternating weekends from Friday evening until Monday morning; b. during each week at such times as the parties agree; and, c. on such holidays as the parties agree. Father shall be responsible to transport child to and' I 4. from Mother's residence to begin his period of partial physical custody. 5, The parties will keep each other advised immediately in the event of serious illness or medical emergency concerning the child, and shall further take any necessary steps to ensure that the health and well being of the child is protected, During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. Neither parent shall do anything which may estrange the \ 6. child from the other party, or injury the opinion as to the other party, or which may hamper the free and natural development of the child's love or affection for the other party, 7. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only \ if executed with the same formality as this stipulation and \ I Agreement. \ \ 8. The parties desire that this Stipulation and Agreement be 1\ made an Order of Court to the Court of common pleas of Cumberland 1\ County, and further acknowledge that the Court of common Pleas of It ,! Cumberland County, does in fact, have jurisdiction over the issue ji I; " i. jj i:\ i I ISTATB OF penn.ylvanie iCOURTY OF Cumberland ! I ARD NOW, this I. I )me, i I known to me (or satisfactorily proven) to be the person whose name I lis subscribed to the within instrument, and acknowledged that she I I SS. I jl1" day of D.!J.4>>.A:i:J ' 1995, before the undersigned officer, personally appeared TRACY L. SHELLER, executed same for the purposes therein contained. IN WITNBSS WHEREOF, I hereunto set my hand and official seal. i I I I I I jSTATB OF Pennsylvania ICOURTY OF Cumberland , ~;C~ Ncm1aI Seal MQlllI!F.~=NIo Cri;Ie Ilofo. c:o.nv My CGmrnIs8iOn E>pinl60c1. 7. 19!18 ~" '" \ . . . : SSe . . "9-t.~ /7 " .A ...J. ARD NOW, this c:>' day of ~u.,<:n.. , 1995, before Ime, the undersigned officer, personally appeared RODNEY L, SHELLER, . . !known to me (or satisfactorily proven) to be the person whose name to the within instrument, and acknowledged that he .is subscribed .i I ' : i executed same Il'u : \..,J for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. i! ""d A"""',' : .", t J.ryPl.t6::: ~r,. ,'..", :...~<':~' .':'~~.~. /..~~ ~7/L~ . ...-.. -- to';;:"';. :.: t.:-::... .'~..; ...." " .~ '. . . .1., I I.:: .'-lw -- .',.:> A@ ~ ~e: ~. ..", ~ Ulri~:! a.- '.>%0'% ,." ~o(.)...t "\) o 16..:0::' '0 ("I") ~t:~... 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