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HomeMy WebLinkAbout97-04918 " , . , , I I ' \ ~ I I , , I .'~. I' I ) -- . . , , I " t. " ','F I" N I, , , ,," , . ~. " , " , " , ' ',I , , I' " , , 1 . 1,',1 " 'If' '! " " , ,I r' " \' " " , , Ii' " " , " , , , I , , " ",. " II' , , . 1 11\ !Ii , " i ' I:' J' " I{ , ' , , I' , , I; , I 'I. ,i' 'I! , ";1 .1.1' I' i' ," '-1 '!, . 1 ",' i" " I,' ',. " 1\ , ,l" , , ~ " " f,;' , . i ' , , , I " '1' ", ... I' i I "'r , ,lI, , I ,'F, ,\ " v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-4918 SHARON A. SCHAFER, Plaintiff ROBERT A. SCHAFER, 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: By Acceptance of Service executed by Defendant on September 11, 1997 and filed September 24, 1997. 3. (a) Date of execution of the Affidavit of Consent required by I'jection 3301 (c) of the Divorce Code: "By Plaintiff on l!J;.f: '" >... If, d f 1 and by Defendant on !J!.(l,", '- II, /PI! ' (b) Date of Execution of the Plaintiff's Affidavit required by Section 3301 (d) of the Divorce Code: Not applicable, 4. Related claims pending: None. 5. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the Decree is to be entered under Section 3301 (c) of the Di vorce Code: Not applicable. or, date of execut ion of Waiver of Notice of Ill.tent: By Plaintiff on December 8, 1997 and by Defendant on iYu...t- (I, IN? , and date of filing of Waiver: .Jtg"1,,... I', d97 . 6. Date and manner of service of Notice of Intent ion to file praecipe to Transmit Record, a copy of which is attached, if the Decree is to be entered under Section 3301 (d) (i) of the Divorce Code: Not applicable. Respectfully submitted, Date: ~u,J...... /1, IPn By llruce F. Attorney I.D. NO, 23949 2515 North Front Street P. 0, Box 12106 Harrisburg, PA 17108-2106 (717) 236-4241 Attorneys for Plaintiff \ .1' I , " "". <l) C, (r' ';1 i:,"~ ., , < .' 11,1 ",: ,. , (.l " " f~: ',/.. .' (--', , "- 'j" '. ~. , , Cl~. ".' ~I', .- ,~ <-; i~ ll.. l.-I.i , " , r. (;..: ',_r I,' ro- ';) () 0'" U " I, ,'I " I , 11 ", OJ!!foJA<" . , p'IVORCE SETTLEMENT AGREEMENT THIS AGREEMENT is made this 1911, by and between ROBERT A. r-"- II day of ile~,,~t~ SCHAFER, hereinafter called "Husband", and SHARON A. SCHAFER, hereinafter called "Wife". WIT N E SSE T H : WHEREAS, Husband and Wife were married on September 5, 1987; and WHEREAS, three (3) children were born of this marriage: AARON CLAYTON SCHAFER, born June 10/ 1989; BRYCE ROBERT SCHAFER, born May 31/ 1991; and ALYSSA K, SCHAFER, born April 28/ 1995; and WHEREAS, differences have arisen between Husband and Wife as a consequence of which they have been living separate and apart from each other; and WHEREAS, Wife has commenced an action in divorce in the Court of Common l?leas of Cumberland County, l?ennsylvania docketed to No. 97-4918 Civil ("Divorce Action"); and WHEREAS, Husband and Wife desire to settle and determine all of their respective rights and obligations; NOW, THEREFORE, in consideration of the premises and covenants contained herein, it is hereby agreed by and between the parties hereto as follows: 1 . Seoaration. It shall be lawful for each party at all times hereafter to live separate and apart from each other at Buch place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. Interfere~. Each party shall be free from the interference, authority and control by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt or endeavor to molest the other, nor in any way to harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart, of the other. Each of the parties hereto understands and agrees that neither shall do or say anything to the children of the parties at any time which might in any way influence the children adversely against the other party. 3. Division of Real prooertv/personal Prooertv. The parties hereto have heretofore distributed between themselves all real and personal property, household furnishings, furniture, fixtures and the like which had heretofore been acquired and used between them and which would qualify as marital property as defined in Pennsylvania'S Divorce Code, Should it become necessary at any time for either party to execute any titles or other documents to give effect to thj.s Paragraph 3, j,t shall be done immediately upon the request of the other party. 4. Tax on prooertv Division. The parties hereby agree and express their intent that any transfers of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 or other similar tax acts 2 (hereinafter the "Act"), specifically, the provisions of the said Act pertaining to transfers of property between spouses or tormer spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfers and subje:::t to the carry-over basis provisions of said Act, As to transfers to which the Act may not or does not apply, Husband shall be solely responsible for any and all taxes that may be assessed or become due from Husband, and Wife shall be solely responsible for any and all taxes that may be assessed or become due from Wife as a result of or arising from this Agreement. 5. Oualified Domestic Relations Order. The parties shall each execute such stipulations and other documents as may be required to obtain a Qualified Domestic Relations Order to confirm the transfer to Wife of the sum of Ninety-One Thousand Two Hundred Sixty-Seven and 26/100 Dollars ($91,267.26) from the Husband's profit sharing plan at Husband's employer, York Container. Husband and Wife each hereby direct their attorneys to take whatever steps are required to obtain a Qualified Domestic Relations Order with respect to such distribution. 6, Marital Debts. The parties hereto acknowledge that; Husband has refinanced and paid in full all existing mortgage indebtedness for which the Wife may be responsible, including both first and second mortgages or any other loans encumbering the real property for which Wife or her estate may be responsible. Each of the parties hereby represents to the other that each is unaware of 3 joint obligations which have not been fully paid prior tc of the execution hereof t~(',,{ I, " (:"(/It.hiJ",j I/.'? /((/I/'/ <> J ~ illld Custodv and Visitation, The parties hereto shall ..s;~, " " any such the date 7. share legal custody of their minor children. The parties also further agree that Wife shall enjoy primary physical custody of the children subject to Husband's rights of partial/temporary custody or visitation as follows: (a) Alternating weekends commencing Friday not later than 5: 00 p, m, unt il Sunday evening not later than 9:00 p.m.; (b) Every Tuesday and Thursday following the end of Husband's workday and not later than 5: 00 p, m, until not later than 9:00 p,m,; (c) Father's Day (and Wife shall retain custody on Mother's Day); and (d) Any other times that the parties may mutually agree. The foregoing notwithstanding, Christmas Eve shall be spent with Wife until no later than 12: 00 midnight. Husband shall enjoy custody of the children on Christmas Day. All other holidays, including New Years Day, Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and New Years Eve, shall be shared by Husband and Wife on an alternating basis from 9:00 a,m, to 9:00 p,m. Any other provision regarding visitation or custody notwithstanding, each party f'hall be entitled to a one 11) "~eek uninterrupted period during each summer for purposes of vacation, 4 ;.- " n , ~~~ ,. ~"' ~~ -.J ~ '" T ~, j I .....1..- .r-- ~ hi- ~y '.~ ;; ,*" 10, "u Jo:.; ;, .... .....'" T ~ "*- : ,-.;- ~ r " -...t .... I >:- .-$ ,/-r - .....', <;.: r:t".\ 4-&' ........ ,': ~~. ~~ ....f' o. -..,,:C- b :=: - ~ ;;.- s- - If; ~ .. \~~ t \' '" , .... " r "l- i: ~ ~ it Husband and Wife shall each give not less than thirty (30) days' written notice to the other of the dates of scheduling. Wife shall deliver the children to Husband's home for purposea of his exercising visitation privileges, and Husband will return the children to the wife's home at the conclusion of any su.ch period of visitation. During periods when the children are in the custody of the other parent, the children shall be permitted, and the noncustodial parent shall be permitted, to exercise liberal telephone privileges, Each parent shall further be entitled' to know the residence or domicile of the other and, to a reasonable extent, the whereabouts of the children while in the custody and control of the other parent. Each parent shall refrain from making any disparaging or negative comments regarding the other parent either directly to the children or in the children's presence. The incorporation of this Divorce Settlement Agreement into the Decree in Divorce shall be deemed to be an Order of custody and visitation upon the terms herein set forth. Each party acknowledges that he or she is free to seek modification of the terms regarding custody and visitation with the children at any time upon application to a court of competent jurisdiction. 8, Wife' s Debts,. Wife represents and warrants to Husband that she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 5 9. Husband' s Debts. Husband represents and warrants to Wife that he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligationlll incurred by him. 10. Leaal Reoresentation. Husband and Wife acknowledge that each has had the opportunity to review this document with an attorney of his or her choosing or has waived such right to do so and acknowledge that they fully understand the legal impact of this Agreement and further intend to be legally bound by the terms of this Agreement. 11, Full Disclosure, Husband and Wife each represent and warrant to the other that he and she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of all liabilities, of the source and amount of the income of such party of every type whatsoever, and of all other facts relating to the subject matter of this Agr.eement. 12. Additional Instruments. Each of the par.ties shall on demand execute and deliver to the other any deeds, bills of sale, car titles, i;\ssignments, consents, tax returns and any other documents and shall do or cause to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. 13. Waivers of Claims, Except as herein otherwise provided, each party may dispose of his or her property in any w~y, and each 6 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, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, right to claim or seek equitable distribution of property, alimony, alimony pendente lite, spousal support, counsel fees or expenses, 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. 14. Voluntarv Execution, The provisions of this Agreement are fully understood by both parties, and each party acknowledges that this 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, 15. Action in Divorce. Simultaneously herewith, Husband and Wife shall execute Affidavits of Consent to the entry of a Decree in Divorce in the Divorce Action and shall deliver to Wife's attorney all such Affidavits and any and all other documents required to obtain a Decree in Divorce in the Divorce Action. In the event a Decree in Divorce is entered, the terms of this Agreement shall be incorporated in such Decree and shall not be modified or affected by such Decree. 7 16. Breach, In the event either party to this Agreement shall breach any term, covenant or other obligation herein, the non-breaching party shall be entitled, in addition to all other remedies available at law or in equity, to recover from the breaching party all costs which the non-breaching party may incur, including reasonable attorneys' fees, in any action or proceeding to enforce the terms of this Agreement, 17. Entire Aqreement, 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, 18, Modification and Waiver, Any modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 19. Governinq Law, This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, 20. Indeoendent Sfi!Darate Covenants. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agI'eement. 21, Void Clauses. If any term, condition, clauee or provision of this AgI'eement shall be determined or declared to be void or invalid in law or otherwise, then only that ter~1 8 , , , ,';,' SHARON A. SCHAFER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - ~W NO. (17- .l./9/~ l','ud '7(",..\ IN DIVORCE ROBERT A. SCHAFER, Defendant 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 against 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the PI'othonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvani,l. IF YOU DO NOT FILE A CLAIM POR ALIMONY, DIVISION OP PROPIRTY, LAWYIR'S PEES OR EXPENSES BE PORI A DIVORCE OR ANNULMBNT IS GRANTED, YOU MAY LOS I THE RIGHT TO CLAIM ANY OP THBM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCI. IP YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THB OFFICE SET FORTH BF.LOW TO FIND OUT WHIRl YOU CAN GIT LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 AVISO PARA DEFENDER Y RECLAMAR DERECHOS Vsted ha sido demandado en la Corte. Si desea defenderse de las quejas expuestas en las paginas siguientes, de be tomar acci6n con prontitud. Se le avisa que si no se defiende, el caso puede SHARON A. SCHAFER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERlAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 9"/ - .1./91 P c'c:d '---till 1" IN DIVORCE ROBERT A. SCHAFER, Defendant COMPLAINT UNDER SECTIONS 3301(c) AND (dl OF THE DIVORCE CODE 1. Plaintiff is Sharon A. Schafer, who currently resides at 234 Fox Drive, Mechanicsburg, Cumberland County I Pennsylvania. 2. Defendant is Robert A, Schafer, who currently resides at R.D. 24, Box 860, York, York County, Pennsylvania. 3. 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. Plaintiff and Defendant were married on or about September 5, 1987 in York, York County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6, Plaintiff has been advised of the availability of marriage counseling and that she may have the right to reque.t that the Court require the parties to participate in counseling. 7. Plaintiff avers as the grcunds upon whioh this action 1. based: ,. \l:l C L': i"~ ~ .. , t";' ,.' \1.1-' ~,! ; : .. lI_ '..~. ~i\: \ : I r..T] ~: -. , U." ;) Li: ' c.... I.'t!,l I" ll. : '.l'-\., ". LI. r- :::i (.") ,<;I"' (.) " , ' " " ',' ',.' , , "I) , , , , "I, , ' " , , ,1, " , , , -- " o:J t ".r. l_i,IV'-: .. " c r..~-J l.) ~ ~. ):' r.1~~'" "- ' ~ I ',j "',"'( ...... " -')1 , , h'!/. - '''', I" rJL! (,...' i, ,J , tl J 11..l.,. , r" c;, I": I'. r'" '") CI t"-' i::." .' ,'.', ,il " , , .. ',I '.~ c:) " 0: ''';~ \.":: ~~~ /..-, , , C.;' f'" .. ~. : ,-,-, ,; (,'..,J " (.J. .,... " ~, ) I " , - " 'i J LI. L'i \ ~'.:- r "'-. II ,.... ~ (; d' () , , , , , I \. -I " " , '1, SHARON A. SCHAFER, I' IN THE COURT OF COMMON PLEAS Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I CIVIL ACTION - LAW I NO. 97-4918 ROBERT A. SCHAFER, I Defendant I IN DIVORCE ACCEPTANCE OF SERVICE I, Robert A. Schafer, Defendant, hereby accept service of the Complaint in Divorce, Sections 3301(c) and (d). Date: .. , " , " ',' " " " ?i: (l) ',- . ..:t L',; " ,.,: " I': .~ "'- r , - : ~ ~1.,~ .f', " ," ,.:1' , N " ~;: 0., :;j (~J \ , LA; (J.Jf.L. '" F- er. :: ~i ~ r-- -;, 0" U , , , I" defendant, the alternate payee to the plaintiff's above- referenced retirement plan, shall be entitled to receive the sum of $91,267.26 from the plaintiff's retirement account through his employer. 7. The equitable distribution of the plaintiff's retiremeriC: benefits shall be payable directly to defendant, Sharon A. Schafer, as the alternate payee in a lump sum as soon as administratively possible. 8. Upon receipt by the defendant, the alternate payee of plaintiff's retirement benefits in the aforestated amount of $91,267.26, the defendant shall have no further entitlement, right, benefit or interest whatsoever in any future payment or benefit from the plaintiff's retirement plan as established through his employer whatsoever and said payment to her shall serve as a full and final release as to any present or future claims to rights, entitlement or benefits under the retirement plan whatsoever. 9. The parties intend and agree that the terms of this Stipulation shall be approved, adopted and entered as an order of court. 10. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain jurisdiction for the purpose. of e.tablishinq or maintaining the obligations created between the parties hereto with respect to the equitable distribution of " '( '" cr .rl c - 'J rI 1 '~ - a :r ,'j ~ I'. :!. ..' .. '6 " I,"J : . . . , iT , '7 .. c. 1 c' ," (-:.J ,.. (.. , IJ ,.I , , l' ,'" . I '- ,., , 0 r~ €. (.", ....) ",'1 , ' , , , ..I '! . ,- r:l:, /,". I'" .. I_I: ( , ~ ~I o .' ~ u ~{ ! ! I ~ :;,! L ~5:; ~~ , = '.: , , ' . (", i.a .t:; ... . ~1 Ii . !!l . ~ ~~ <( <( ~ Q,.'" i ! [!s ~ ~,~ '" ~ ....... . ~ " . .. 8i~ ~ ,. ~ . ~ tL ~ ~ f" .. - II ~ i:to "'- 1S 2 ~ II -J . .. ~... .. . ~... \ ," .