HomeMy WebLinkAbout97-04969
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:l IN THE COURT OF COMMON PLEAS :
~\ OF CUMBERLAND COUNTY ~
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STATE OF
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PENNA,
N I), ",A,9,.6,~,...... cJyJL 19 97
EOBERT L. SCHILDT
Vlll':oill."
MARY E. SCHILDT
DECREE IN
DIVORCE
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AND NOW, ' , . ,)C\.V\\Jo.'.(,~I' (3, , , ' " -1:9. , , , , " it is ordered and
decreed that""""" .ROB,ERT, L.., ,SCHILDT",.""""""", plaintiff,
and, . , , , , . . , , , , , ' , . ,11J>.RY, ,F;. , S,~ijnp'r , , . . , , , , , , ' , , , , , , , , , , " defendant,
ore divorced from the bonds of matrimony.
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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;
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MARRIAGE SETTLIlMIBNT AGRIlIlMlBNT
THIS AGIIBIlMIBNT, ma,de this ~ stV day of il~J , 2000, by
and between MARY E, SCHILDT, hereinafter reforred to as WIFE,and
ROBIlRT L. SCHILDT, hereinafter referred to as HUSBAND,
WIT N E S SilT H:
WHEREAS, the parties were lawfully married on September 15,
1967 in Hershey, Pennsylvania; and
mlEREAS, certain differences have arisen between the parties
as a result of which they have decided to separate and to live
separate and apart from onp. another, and it is the intention of
these parties to live separate and apart for the rest of their
natural lives, and the parties hereto are desirous of settling
fully and finally their respective financial and property rights
and obligations as between each other,
including without
limitation, (1) the settlement of all matters between them
relating to the ownership of real and personal property; (2) the
settlement of all matters between them relating to past, present
and fut~re support and/or alimony; (3) the settlement and
conclusion of their legal status as a married couple; and
WHEREAS, during the parties' marriage there has been a
complete disclosure of the earnings and property Ot each party,
and each understands his/her rights under the Divorce Code of the
Commonwealth of Pennsylvania; and
WHIlR&AS, WIFE, having been properly advised by her counsel,
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R, Mark Thomas, Esquire, and HUSBAND, having been property advised
by his counsel, p, Richard, Wagner, EsqL',ire, the parties hereto
have come to this Agreement, which follows:
NOW, THIlRlllI'OIUl, in consideration of the above recitals and
the following covenants and promises mutually made and mutually to
be kept, the parties, intending to be legally' bound, agree as
follows:
1, AGREEMENT NOT TO BE A BAR TO DIVORCE PROCEEDINGS
A Complaint in Divorce has been fil.ed at No. 97-4969 in the
Court of, Common Pleas cf Cumberland County, The parties intend to
secure a no-fault divorce pursuant to Section 3301(c) of the
Di vorce Code of 1980. Each of the parties hereto agrees to sign
whatever Affidavits are necessary to secure that divorce as well
as a Waiver of Notice of Intention to Obtain Divorce Decree. This
Marriage Settlement Agreement shall be incorporated into the Final
Decree in Divorce.
No court may change the terms of this
agreement, which shall be enforced in accordance with its terms.
I
2, PERSONAL RIGHTS
HUSBAND and WIFE may and shall, at all times hereafter, live
separate and apart.
Each shall be free from all control,
restraint, interference or author.l.ty, d.l.rect or ind.l.rect, by the
other in all respects as fully as if he or she were unmarried.
Each may reside at such place or places as he or Ilhe may select.
Each may, for his or her separa te use or bl!'lnefi t, conduct, carry
on and engage in any business, occupation, profession or
employment which to him or her may seem advisable, This provision
shall not be taken, however, to be aO) admission on the part of
either HUSBAND or WIFE of the lawfulness bf the causes which led
to or resulted in, the continuation of their living apart,
3, DEBTS
The parties hereto have been living separate and apart since
on or about September 5, 1995, Each party hereto agrees that each
will be solely responsible for any debts incurred by either of the
parties since September 5, 1995,
4. ~USBAND'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 obligations
incurred by him.
5. WIFE I 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,
6, PERSONAL PROPERTY
HUSBAND and WIFE hereby acknowledge that they have agreed
upon the division of all tangible personal property, including
jewelry, clothing, fu~niture, hou~ehold equipment, appliances,
motor vehicles, recreational vehicles and tools, Each part y
agree~ t,hat these items have already been divided and each party
is the owner of any items of marital property currently in their
pos~e~sion. This agreement shall act as a bill of sale evidencing
the transfer of ownership to the individual party of all items in
their possession,
Special reference is hereby made to the mobile home/trailer
located on the Howe Township Property, HUSBAND hereby agrees that
the mobile home/trailer is to be titled in WIFE'S name alone.
Currently, there is an outstanding mortgage on the Howe Township
property, including the mobile home/trailer. HUSBAND hereby
authorizes the mortgagee to transfer title of, this mobile
home/trailer to WIFE alone upon satisfaction of the mortgage,
7, AFTER-ACQUIRED PERSONAL PROPERTY
Each of the parties shall hereafter own and enjoy,
independently of any claims or rights of the other, all' items of
personal 'property, tangible or intangible, hereafter acquired by
him or her, with full power in him or her to dispose of the same
as fully 'and effectively, in all respects and for all purposes, as
though he or she were unmarried.
8, REAL PROPERTY
By Deed dated September 9, 199~ HUSBAND trans ferred all his
right, title and interest in real ,property situate in Howe
Township, Perry County, Pennsylvania to WIFE, A copy of this Deed
is attached hereto and marked as Exhibit A, WIFE hereby agrees to
assume sO),e responsibility for: the payment of the outstanding
mongage on this' property,
HUSBAND understand:s that his name,
cannot be removed from ,the Mortgage without the consent of the
,
lender. WIFE further agrees to hold HUSBAND harmless for any
monies ~hich HUS~AND would have to pay on the Mortgage as a result
of WIFE'S failure to make mortgage payments on the existing
Mortgage,
9, ESCROW MONIES
,
,Certain real propert.1.esof the parties were sold by HUSBAND
prior. to the execution of this Agreement, By Court Order dated
March 18, 1999, HUSBAND was directed to place the proceeds from
the sale of these properties in an escrow account,
Seventeen
thousand ($17,000,001 dollars was placed into the escrow account.
HUSBAND agrees to pay WIFE Fifteen thousand five hundred
($15,500,001 dollars from the escrow account as part of the
consideration for WIFE s1gning this Agreement, Said monies to be
paid to WIFE on even date with final execution of this A9reement.
10, PENSION
Both parties hereby waive any claim, right, title or interest
which they may have in the pension or other reti~ement fund owned
by the other party.
11 , RELEASE
Subject to the provisions of thi.s' Agreement, each party has
released and discharged, and by this Agreement does for himself or
herself, and his or her heirs, legal representatives, executors,
administrators and assigns, release, indemnify (including actual
legal fees) and discharge the other of and from all, causes of
action, claims, rights, or t;lemands, whatsoever in law or equity,
including equitable distdbution, spousal support, alimony,
counsel fees, alimony pendente lite, and expenses which of the
parties against the other ever had, now has, or may have in the
future under the Pennsylvania Divorce Code, as amended, or under
any other statutory or common law, except as set forth below in
this paragraph, all causes of action for divorce, and all causes
of action for breach of any provisions of this Agreement,
including proceedings to enforce this Agreement pursua~t to the
provisions of the Divorce Code, Each party also waives his or her
right to request marital counseling, pursuant to the Divorce Code.
12, WAIVERS OF CLAIMS AGAINST ESTATES
Except as herein otherwise provided, each party may dispose
of his or her own property in any way, and each party hereby
waives and relinquishes any and all rights he or she may now have
or hereafter acquire under the present or future laws of any
jurisdiction, to share in the property or estate of the ,other as a
result of the marital relationship, including without limitation,
dower, curtesy, statutory allowance, widow's allowance, right to
taka against the Will of the other, and right to act as
administrator or executor of the other's estat<il, and any right
existing now or in the future under the Pennsylvania Divorce Code,
as amended from time to time, and each will, at the request of the
other, execute, acknowledge and deli ver any and all inst rllrnents
'"hich may be necessary or advisable to carry into effect this
in equity OJ; pursuant to the provisions of the Divorce Code, as
the same shall be determined by the Court,
16, ADDITIONAL INSTRUMENTS
,
Each of the parties shall from time to, time, at the raquest
of the other, execute, acknowledge and deliver tq the other party,
any and all further instruments that may be reasonably required to
give full force and effect to the provisions of this Agreement,
,
17, ~NTIRE AGREEMENT
This Agreement contains the entire understanding of the
parties, There are no other representations, warranties, covenants
or undertakings other than those expressly set forth herein,
HUSBAND and WIfE acknowledge and agree that the provisions ,of this
Agreement with respect to the distribution and division of marital
and separate property are fair, equitable and satisfactory to
them, based on the length of their marriage and other relevant
faccors which have been taken into consideratiol, by the ,parties,
Both parties hereby accept the provisions of this Agreement with
respect to the division of property in lIeu of and in full and
final settlement and' satisfaction of all claims and demands that
they may now have or hereafter have against the other for
equitable distribution of their property by any court of competent
jurisdiction. HUSBAND and WIfE each voluntarily and intelligently
waive and relinquish any right 'to seek a court ordered
determination and distribution of marital property, but nothing
her~in contained shall constitute a waiver by either party of any
rights tn seek the r-Jiief nt any court for the purpose of
.
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ROBERT L, SCHILDT,
Plaintiff
IN THE COURT or COMMON PLEAS or
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 97-4969 CIVIL TERM
v,
MARY E, SCHILDT,
DefendrlOt
IN DIVORCE
ACICNOWLIDOIMZNT OF SIlRVICI
I, R. Mark Thomas, Esquire, hereby acknowledge that the
Divorce Complaint in this matter was served upon the defend&nt in
,
September 1997,
1'i1dO
Da e .
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R, Mark Thomas, Esq.
101 S. Market Street
~echanicsburg, PA 17055
(717)' 796-2100
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Streel
Carlisle, PA 17013
(717) 240-6535
I. Rob.rt IlIek.r, II
Divorce Mosler
Tr.el 010 Colw.r
Office Manager/Reporter
W.lt Short
697.0371 Ex!. 6535
February 26, 1998
P. Richard Wagner, Esquire
MANCKE, WAGNER, HERSHEY & TULLY
2233 North Front Street
Harrisburg, PA 17110
RE: Robert L. Schildt vs. Mary E. Schildt
No. 97 - 4969 civil
In Divorce
R. Mark Thomas, Esquire
54 East Main Street
Mechanicsburg, PA 17055
Dear Mr. Wagner and Mr. Thomas:
By order of Court of President Judge George E. Hoffer
dated February 23, 1998, the full-time Master has been appointed
in the above referenced divorce proceedings.
Paragraph 4(b) of the motion for appointment of Master
indicates that the issue before the Master is the validity of a
settlement ag~eement. My understanding is that there has been
nonperformance by the Plaintiff of certain provisions of the
agreement. My first reaction to the issue is that perhaps
counsel ought to consider petitioning the Court for enforcement
and go directly to one of our judges who can enter an order
immediately if the Court finds that there has been a
nonperformance/breach of a provision of the agreement.
Consequently, before scheduling a pre-hearing conference
and/or a hearing I am asking counsel to respond to me as to the
procedure in this case, specifically, whether or not perhaps
this matter ought to be expedited by a petition to the Court
directly for enforcement. As you are aware, one of the judges
could enter an order after a hearing, if necessary, as opposed
to having a hearing before me, a report and recommendation, and
then the opportunity for either party to file exceptions; and
then argument Court. The process and procedure before me would,
of course, take considerably more time than going directly to
one of our judges.
,.....'
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VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ROBERT L. SCHILDT,
Pl!lintiff
MARY E. SCHILDT,
Defendant
~O,. 97 - 4969 CIVIL
IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
,
TO: P. Richard Wagner
, Counsel for Plaintiff
R. Mark Thol)\as
, Counsel for Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover Street,
Carlisle, Pennsylvania, on the 25th day of August, 2000, at
9:30 a.m., at which time we will review the pre-trial
statements previously filed by counsel, defin.e issues,
identify witnesses, explore the possibility of settlement
and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 5/9/00
E. Robert Elicker, II
DivQrce Master
ROBERT L. SCHILDT,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
MARY E. SCHILDT,
DEFENDANT
97-4969 CIVIL TERM
1M RE: PETITION OF PLAINTIFF TO ENFORCE
It::tE PROPERTY SETTLEMENT AGREEMENT
BEFORE BAYLEY. J.
OPINION AND ORDER OF COURT
BAYLEY, J., May 26, 1998:--
Plaintiff, Robert L. Schildt. filed this divorce action against defendant, Mary E.
Schildt, on September 15, 1997. Wife filed a counterclaim seeking ~ a, the
equitable distribution of marital property. On March 18, 1998, husband flied a
petition for special relief to enforce a written property settlement agreement signed by
the parties on September 9, 1995. Wife filed an answer in which she maintains that
the agreement should not be enforced because at the time it was executed (1) she
was not fully and fairly aware of the marital estate or her right to a fair portion of that
marital estate, and (2) she was acting under the duress of her husband which caused
her to execute an agreement which was unfair and unjust. A hearing on the merits of
the petition was conducted on April 8, 1998.
The parties were married on September 15, 1967. They separated on August
21, 1995. They have two children, ages 24 and 22. Husband works out of Local 520
of the Plumbers and Pipe Fitters Union. Last year he had income of $42,000 from
97-4969 CIVIL TERM
that employment and from unemployment compensation during periods when he was
temporarily not assigned to jobs. Prior to marriage wife was a licensed practical
nurse. During the marriage the parties agreed that she would be a housewife.
Starting In May, 1994, howev'3r, wife started working at labor positions through a
temporary agency for $7.00 per hour.
Until August 21, 1995, the parties lived together In a jointly owned marital
residence located In Liverpool, Perry County, on tracts totalling thirty-five e."d one-
quarter acres. In 1994, thirty storage rental units were constructed on the property.
The parties were joint owners of three rental properties In Harrisburg, purchased In
1986, 1987 and 1988, located at 2124 North Third Street, and 2153 and 2353 Logan
Street.
Wife testified that the parties first started experiencing marital difficulties when
she was diagnosed with cancer near the end of 1992. Prior to that time, husband
gave her his earnings checks and she paid all the bills. Sometime in 1993, husband
stopped giving her his paychecks and took all of the checkbooks and the keys to the
Harrisburg apartments. Thereafter, he controlled all of the money. Wife was aware of
all of the properties owned by the parties, and of the mortgages on those properties.
In May, 1994, husband told wife that he wanted her to go to work to help pay bills.
She took an hourly labor job through a temporary agency. Wife gave most of her
Income to husband to pay bills. Telling wife that they were now business partners,
.2.
97.4969 CIVIL TERM
done real estate work for both parties. Wife then wrote the following note on
September 1, 1995:
I, Mary E. Schildt, belr1g of a sound mind this 1st day of September
1995 am hereby giving permission to have my name removed from all
property deeds listed below and any Insurance coverage on those
properties.
2124 North 3rd Street, Harrisburg
2353 Logan Street, Harrisburg
2153 Logan Street, Harrisburg
Residence, RD1 Liverpool
I am also giving all of my personal property, dishes, furniture, curtains,
etc. to my husband Robert L. Schildt. I am willing to remove my name
from all jointly owned vehicles. I do not want Roberts [sic] pension,
retirement, or insurances.
Wife testified that she wrote the note because her husband told her that it was
needed by Attorney Cramer. Attorney Cramer prepared a property settlement
agreement. Without consulting an attorney, wife, along with husband, signed a
property settlement agreement prepared by Attorney Cramer at his office on
September 9, 1995. Attorney Cramer testified that he drafted the document from
terms that husband told him were agreed to by the parties. He advised wife to obtain
advice from an attorney. He told her that he was representing husband and not her.
He reminded wife that the agreement provided that she was signing over the bulk of
the parties' real estate to husband. Attorney Cramer testified that wife stated that she
wanted $10,000 to sign the agreement. HIJsband agreed and such a provision was
handwritten into the agreement and initialled by the parties. The parties signed deeds
transferring to husband the thirty-five and one-quarter acre tract on which the marital
residence was located and the three Harrisburg rental properties, and to wife the
-4.
97-4969 CIVIL TERM
Hopewell Township property on which the trailer was located In which she was IIvlng.~
The agreement contains a full waiver of statutory rights. In addition, a paragraph
titled Full Disclosure provides:
Husband and Wife hereby state that they have negotiated the
within Agreement after full rllsclosure, one to the other, of all marital
property, assets, pensions, debts and financial matters.
Both parties acknowledge that they fully understand the facts and
acknowledge and accept that this Agreement is fair and equitable and
that It Is being entered Into freely and voluntarily and Is not the
result of any duress, undue Influence, collusion or Improper or
Illegal agreement or agreements. (Emphasis added.)
A paragraph titled Equitable Distribution provides:
It Is specifically understood and agreed that this Agreement
constitutes an equitable distribution of property, which was legally and
beneficially acquired by Husband and Wife or either of them in the
marriage, as contemplated by the. . . Divorce Code, Commonwealth of
Pennsylvania, 23 P.S. ~ 3101 et sec.
Wife testified that Attorney Cramer's testimony was accurate. She testified that
she signed the agreement because husband told her that if she signed everything
over to him (1) it would show that she trusted and loved him, (2) everything would be
okay In their marriage, and (3) she could return to the marital residence. Wife further
testified that on the evening of the day she signed the agreement, husband spent the
night with her in the trailer. Thereafter, they continued their relationship although she
lived In the trailer and he lived in the Liverpool residence. Wife testified that on
3. The title to the trailer which is in the name of both parties Is stili held by a
bank as collateral on the loan that the parties Incurred during the marriage that wife Is
paying. Husband Is obligated to sign the title over to wife when the title Is released
by the bank.
.5-
97.4969 CIVIL TERM
bargain, Is Inappropriate. Prenuptial agreements are contracts, and, as
such, should be evaluated under the same criteria as are applicable to
other types of contracts. Absent fraud, misrepresentation, or duress,
spouses should be bound by the terms of their agreements.
Contracting parties are normally bound by their agreements,
without regard to whether the terms thereof were read and fully
understood and Irrespective of whether the agreements embodied
reasonable or good bargains. See Standard Venetian Blind Co. v.
American Empire Insurance Co., 503 Pa. 300, 305, 469 A.2d 563, 566
(1983) (failure to read a contract does not warrant avoidance or
nullification of its provisions); Estate of Brant, 463 Pa. 230, 235, 344
A.2d 806, 809 (1975); Bollinger v. Central Pennsylvania Quarry
Stripping & Construction Co., 425 Pa. 430, 432, 229 A.2d 741, 742
(1967) ('Once a person enters Into a written agreement he builds around
himself a stone wall, from which he cannot escape by merely asserting
he had not understood what he was signing.'); Montgomery v. Levy,
406 Pa. 547, 550, 177 A.2d 448, 450 (1962) (one Is legally bound to
know the terms of the contract entered). Based UpOI1 these principles,
the terms of the present prenuptial agreement must be regarded as
binding, without regard to whether the terms were fully understood by
appellant. Ignorantia non excusat. (Citations omitted.) (Emphasis
added.)
* * *
In discarding the approach of Geyer that permitted examination of the
reasonableness of prenuptial agreements and allowed inquires [sic] Into
whether parties had attained informed understandings of the rights they
were surrendering, we do not depart from the longstanding principle
that a full and fair disclosure of the financial positions of the parties
Is required. Absent this disclosure, a material misrepresentation In
the Inducement for entering a prenuptial agreement may be
asserted. [In re Estate of Hillegass, 431 Pa. 144, 152-53,244 A.2d
672,676-77 (1968).] Parties to these agreements do not quite deal at
arm's length, but rather at the time the contract is entered into stand In a
relation of mutual confidence and trust that calls for disclosure of their
financial resources. Id. at 149, 244 A.2d at 675; Gelb Estate, 425 Pa.
117, 120,228 A.2d 367, 369 (1967). It Is wt'lll settled that this
disclosure need not be exact, so long as It Is 'full and fair.'
Kaufmann Estate, 404 Pa. 131, 136 n. 8, 171 A.2d 48, 51 n. 8 (1961).
In essence therefore, the duty of disclosure under these circumstances
Is consistent with traditional principles of contract law. (Emphasis
.8-
97-4969 CIVIL TERM
added,)
* * *
If an agreement provides that full disclosure has been made, a
presumption of full disclosure arises. If a spouse attempts to rebut
this presumpllon through an 88sertlon of fraud or misrepresentation
then this presumption can be rebutted If It Is proven by clear and
convincing evidence. Hillegass, 431 Pa. at 152-53, 244 A.2d at 676-
77. (Emphasis added.)
In Mormello v. Mormello, 682 A.2d 824 (Pa. Super. 1996), th'3 facts as set
forth by the Superior Court of Pennsylvania were:
Appellant, Elaine Mormello, and appellee, Michael Mormello, were
married on May 17, 1964. They have four children, all of whom are now
emancipated. During the marriage, the wife worked as a management
assistant for the Navy Yard for nine years but also contributed to the
household as a homemaker. The wile's only source of income Is her
$546.00 monthly Social Security Disability Benefit which she receives
because she has a form of Musclllar Dy<;trophy.
The husband worked for the City of Philadelphia as a police
officer for almost the entire term of the marriage. The husband currently
receives a pension in the amount of $1,500.00 a month from the City of
Philadelphia. and he is presently employed with the Pennsylvania
Attorney General's Office earning an annual salary of approximately
$33,000.00.
In April of 1993, after nearly twenty-nine years of marriage, the
husband stopped sleeping at the marital residence, and the parties
effectively separated. On October 25, 1993, the husband visited his wife
at. his daughter's house where the wife was babysitting their twin one-
year-old grandchildren. The husband presented the wife with a twelve
page, type-written Property Settlement Agreement which an attorney had
prepared for and explained to the husband. The husband told the wife
to sign the agreement, and when the wife asked if she could read It, the
husband responded negatively and told the wife that he had to get to
work. When the wife asked the husband what the agreement said, he
told her that it only said that she would receive the house and the car
and that he would continue to pay for them. The husband failed to
mention anything about the wife's relinquishing all of her rights to the
remaining marital property. The husband was only in the house for
-9.
97-4969 CIVIL TERM
somewhere between five and twenty minutes. With one grandchild In
her arms and another walking about the room, the wife signed and
Initialed but did not read the Property Settlement Agreement. After the
husband's abrupt depanure, the wile was not even left with a copy of
the agreement, and she would not receive one for several days.
The Property Settlement Agreement provided that the husband
will continue to make monthly mortgage and car payments and will
transfer the titles of the home and car to the wife. The monthly
mortgage payment on the house is $888.00. The wife's insurer, CUNA
Mutuallr1suranca Society, pays $833.33 of the monthly payment, so the
husband's monthly mortgage payment Is $54.67. CUNA will continue to
make the payment so long as the wife's disability, which is permanent,
lasts.
The Property Settlement Agreement also provided that both
parties waive any claims against the other. This provision waives the
wife's claim to the largest asset 01 the marriage, the husband's
$300,000.00 pension. Finally, the terms of the Property Settlement
Agreement provided that '[tJhe parties warrant and represent that they
have made a full and fair disclosure of all assets prior to the execution of
this agreement.'
In Mormello, wife filed an appeal from a decision of the trial court enforcing
the property settlement agreement. The Superior Court stated:
there Is no merit to the appellant-wife's claim that the Property
Settlement Agreement is not valid becAuse the husband allowed her little
time to read the agreement and no time to take It to an attorney. The
trial court's order of July 18, 1995 found that the wife knowingly and
Intelligently signed the agreement in the absence of duress, fraud, or
misrepresentation. Because the wife voluntarily signed a properly
constructed Property Settlement Agreement, she is not entailed to relief
from the agreement on that basis.
Wife also challenged the agreement on the basis that she did not receive full and fair
disclosure of her legal rights under the Divorce Code. The Superior Court noted that
"[F]or fl Post-nuptial Property Settlement Agreement to be valid, there must be
evidence that the parties are aware of the statutory rights they are relinquishing," The
-10-
97-4969 CIVIL TERM
Superior Court concluded that the agreement contained a full and fair disclosure of
wife's statutory rights, Wife further claimed that the agreement failed to make full and
fair disclosure of the parties' worth. The Superior Court noted that absent such a
disclosure, a material representation In the Inducement for entering Into a post-nuptial
agreement may be asserted. Citing Adams v. Adams, supra, and Nigro v. Nigro,
371 Pa. Super. 625 (1998), the court stated that there Is full and fair disclosure at the
time an agreement Is executed If wife was sufficiently involved in husband's financial
affairs for the court to determine that she was fully and fairly aware of the marital
estate. In Mormello, the Court held that the facts and circumstances did not
demonstrate that wife was fully aware of the marital estate. The Court concluded that
(1) "[t]he wife expressed no knowledge. . . as to the husband's monthly pension
payments or his gross salary from the a:torney general's office," (2) the property
settlement agreement obscured the general financial resources of the parties, (3)
there was no mention in the agreement of the amount and duration of the monthly car
payments for which husband was responsible, (4) there was a failure to state the
value of hU$band's pension, which was the greatest asset of the marriage, and the
wife's disability payments, and (5) the only valuation to be found in the agreement
was the $65,000.00 remaining on the mortgage on the house which did not
accurately reflect husband's monetary obligation to wife. The Court further noted that
the agreement was invalid because, although husband claimed that he would pay the
remaining mortgage on the marital home, wife's Insurance paid $833,33 of the
\,
-11-
97-4969 CIVIL TERM
and financial matters." While wife knew what the assets of the parties were and that
there was debt, she maintains that she did not know the value of those assets or the
amount of the debt; therefore, she was not aware of the equity In the assets at the
time she signed the agreement. Those were "financial matters" between the parties,
Because the agreement contains a full disclosure clause, there Is a presumption of
full disclosure. To prevail, wife must rebut the presumption by clear and convincing
evidence.
The equitable distribution clause In the agreement provides that the agreement
constitutes a settlement of all property which was legally and beneficially acquired by
the parties during their marriage. This includes their real estate and personal
property, as well as that portion of husband's pension which accrued during the
marriage until separation, and the storage rental business which husband started the
year before their separation. Full and fair disclosure of the financial position of the
parties Is required before the agreement can be upheld. Such disclosure need not
bo exact so long as it is full and fair. We are satisfied that wife has rebutted the
presumption that there was a full and fair disclosure of the parties' "financial matters"
before she signed the property settlement agreement on September 9, 1995.
Husband offered no testimony whereby we could conclude that (1) wife was aware of
the value of the marital real estate, (2) the amount of debt, (3) the value of the marital
portion of his pension, (4) the value of the storage rental business, and (5) the
income produced by that business. There Is no credible evidence whereby we can
-13-
97-4969 CIVIL TERM
conclud~ that wife knew of those values even though she need not have known the
exact values at the time she signed the property settlement agreement. Husband
suggests that there was full and fair disclosure of the parties' "financial matters"
because wife took care of the family finances before he took those responsibilities
from her, We accept wife's testimony that husband removed her from handling the
parties' finances In 1993, Husband built the storage rental units and started that
business In 1994. Wife never had any knowledge as to the marital value of husband's
pension. We are satisfied that as to the real estate holdings, wife did not have
sufficient knowledge as to the equity In the properties when she signed the property
settlement agreement on September 9, 1995.
Based on all of these factors, we find by clear and convincing evidence that
wife has rebutted the presumption that there was full and fair disclosure of the parties'
"financial matters" at the time she signed the property settlement agreement. Since
this finding alone requires that we dismiss husband's petition to enforce the marital
settlement agreement, we need not address wife's claim that she was acting under
the duress of her husband and that he made misrepresentations to her which caused
her to execute the agreement.
ORDER OF COURT
AND NOW, this "2b day of May, 1998, the petition of plaintiff to enforce a
property settlement agreement dated September 9, 1995, IS DENIED.
.14-
PYS510
1997-04969
SCHILDT
Cumberland County Prothonotary's
Civil Case Inquiry
ROBERT L (VS) SCHILDT MARY E
Office Page
1
Reference No..: Filed.... ..,,:
Ca~e Type.....: COMPLAINT - DIVORCE Time..... .,..:
Judgment......: .00 Execution Date
Judge Assigned: BAYLEY ~DGAR B Sat/Dis/Gntd..
Jur~ Trial.,..
Hi~ er Court 1
Hi er Court 2
...**.................................................. ........................
General Index Attorney Info
SCHILDT ROBERT L PLAINTIFF BACH JAMES M
POBOX 205
LIVERPOOS PA 17045
SCHILDT MARY E
BOX 12 S FREDERICK STREET
MECHANICS BURG PA 17055
9/15/1997
11' 08
0/00/0000
0/00/0000
DEFENDANT
THOMAS R MARK
..........**....................................................................
· Date Entr ies .
..............................**.**.............................................
1)(09/15/97' COMPLAINT - DIVORCE
W9/15/9r PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(01
. 10/02/97' DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTIO~ 3301(0) OF THE DIVORCE
CODE
? 10/03/971 PRAECIPE FOR ENTRY OF APPEARANCE FOR DEFENDANT BY R MARK THOMAS ESO
81JlO/03/97/ ~S5~~~0~~~ ~gH~~E~C~A8b~T~~~~E~I~~Ry~tlnMNT IN DIVORCE
. ADDITIONAL COUNT - C UNSEL FEES COSTS AND EXPENSES
Ij~2/24/97 MOTION FOR APPOINTMENT OF MASTER BY P RICHARD WAGNER ESO FOR PLFF
02/23/98' ORDER OF COURT APPOINTING E ROBERT ELICKER ESO AS MASTER
3/10/98" PE'rITION FOR SPECIAL RELIEF AND ENFORCEMENT OF A PROPERTY
al'a." SETTLEMENT AGREE;MENT
~~01J18/98/ ORDER - DATED 3/18/98 - IN RE PETITION FOR SPECIAL RELIEF AND
~v." ENFORCEMENT OF A PROPERTY SETTLEMENT AGREEMENT - RULE IS ISSUED
UPON DEFENDANT RETURNABLE 4/8/98 3 PM CR 2 - BY EDGAR B BAYLEY J -
NOTICE MAILED 3/19/98
OS/27/98' OPINION AND ORDER OF COURT - DATED 5/26/98 - IN RE PETITION OF
J~ . <{ / PT.AINTIFF TO ENFORCE THE PROPERTY SETTLE,ENT AGREEMENT - DENIED -
~"~&6/24/9~ ~6T~g~A~FBA~~~ktYTg su~~k~6~ ~~b~~DB~/~7R~~HARD WAGNER ESQ
07/01/98 SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO * 936 RBG 98
~07/10/98/ TRANSCRIPT LODGED
~107/16/98' TRANSCRIPT FILED
r, .......**......**..*....**....**............*..~.*..............................
· Escrow Information .
· Fees & Debits Bea Bal pvmts/Ad1 End Bal *
.............................*..*.*......~......*...............................
35.00 35.00 .00
.50 .50 .00
5.00 5.00 .00
125.00 125.00 .00
10.00 10.00 .00
5.00 5.00 .00
20.00 20.00 .00
5.00 5.00 '.88
5.00 5.00
30.00 30.00 .00
------------------------ ------------
240.50 240.50 .00
................................................*...............................
· End of Case Information .
................................................................................
DIVORCE
TAX ON CMPLT
SETTLEMENT
MASTER'S FEE
DIV PA SURCHG
JCP FEE
ADD'!, COUNTS
JCP FEE
JCP FEE
APPEAL
PAGE'
01-05
19
,~1-25
'0
, '6-41
12-46
.
RODERT I.. SCIULD1'
VS
MARY E. SCHUDT
Among the Record, and I'rocceding' enrolled in Ihe courl of Common l'lea. in and for lhe
counly of
CUMBERLAND
97-4969
936 HBG 98
Term. 19
i. conlained the following:
in the Commonwealth of renn.yl,ania
10 No,
cory OF .
APPRARANCRS
DOCKET ENTR Y
09-15-98 COMPLAINT - DIVORCE
PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(0)
10-02-97 DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTTON 3301 (D) OF
THE DIVORCE CODE.
10-03-97 PRAECIPE FOR ENTRY OF APPEARANCE FOR DEFENDANT BY R
MARK THOMAS ESQ.
10-03-97 ANSWER AND COUNTERCLAIM ANSWER TO COMPLAINT IN DIVORCE
ADDITIONAL COUNT - EQUITABLE DISTRIBUTION
ADDITIONAL COUNT - COUNSEL FEES COSTS AND EXPENSES
12-24-97 MOTION FOR APPOINTMENT OF MASTER BY P RICHARD WAGNER
ESQ. FOR PLf'F,
02-23-98 ORDER OF COURT APPOINTING E ROBERT ELICKER ESQ. AS
MASTER.
03-10-98 PETITION FOR SPECIAL RELIEF AND ENFORCEMENT OF A
PROPERTY SETTLEMENT AGREEMENT
03-18-98 ORDER - Dl\TED 3-16-96 IN RE PETITION ::'OR SPECIAL
RELIEF AND ENFORCEMENT OF A PROPERTY SETTLEMENT
AGREEMENT - FULE IS ISSUED UPON DEFENDANT RETURNABLE 4-
6-96 3 PM CR 2.
BY THE COURT: EDGAR B. BAYLEY, J.
COPIES MAILED 3-19-96.
05-27-98 OPINION AND ORDER OF COURT - DATED 5-26-98 - IN RE
PETITION OF PLAIN1'IFF TO ENFORCE THE PROPERTY
SETTLEMENT AGREEMENT - DENIED -
BY THE COURT: EDGAR B. BAYLEY, J.
COPIES MAILED 5-27-96
06-24-98 NOTICE OF APPEAL TO SUPERIOR COURT BY P RICHARD WAGNER,
ESQ.
07-01-98 SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO #936
HBG 98.
07-10-98 TRANSCRIPT LODGED
07-16-98 TRANSCRIPT FILED.
MISC. (EXHIBITS)
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requested and impl.ied that this information would be given to
the defendant.
11. As of the date of this E'etition, plaintiff has not
provided any of the requested discovery despi te his assurance
through counsel that this discovery would be provided.
12. One of the items of marital property identified in the
written E'roperty Settlement Agreement and testified to at the
hearing conducted by this Court on April 8, 1998, is real
property located at 2351 Logan Street and 2353 Logan Street,
Harrisburg, Pennsylvania.
13. Defendant has inadvertently discovered that the
properties located at 2351 and 2353 Logan Street, Harrisburg,
Pennsylvania are the subject of a public sale which is to be
conducted on March 21, 1999 at 1:00 p.m.
14. Neither defendant nor defendant' 5 counsel was advised
that plaintiff was going to sell this real property at public
sale. Defendant believes and therefore avers that if these
properties are scld at pUblic sale the plaintiff will dispose of
the proceeds in such a way as to deprive the defendant of her:
marital rights with respect to this real property.
15. Defendant seeks alternative relief in. the form of
either an Order prohibiting the voluntary pubUc sale of these
properties or an Order directing that the proceeds from th$ sale
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B. Personal Property
House was fully furnished. Wife would like to get a
few of the items, e.g.
Deep freezer
Wooden oval table with chairs
Hutch, dining room table and chairs
Double keyboard .organ
Dresser
Curio cabinet
2. Pension/Retirement Benefits
SOut'ce Value Marital Supporting
Portion Document
Wife 0
Hl;sband $48,052.00 (lump sum) 100% Letter from
I $956.30 per month (Age 62) "The Savitz
or Organization"
$669.41 per month (Age 55)
* The statement from The Savitz Organization clearly
states that their estimate is "based on the information
supplied to us". In light of husband's prior dealings and
statements made, wi fe needs to have access to husband's
complete pension information before she can confirm the
valuations provided by husband.
Annuity
Husband participated in his Local No.. 520 Annuity
Plan. It is believed that his participation in the PUn
commenced as of .1uly1, 1969. Husband withdrew $8,970.00
from the Plan in 1998. Wife believes the date of
separation value of ~his plan was significantly,higher.
I:,
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-
INCOME AND EXPENSE STATEMENT OF
/;'11I,( 'I &_:.. ..5c:.lt I U:f:
,
SSN /13t .2~L__L!!!!!...-. - DATE ~.4Y 1,i{tlO!!.-
THIS STATEMENT MUST BE FILLED OUT
(II you are sell.employed 0' ,t you ale salaried by a business 01 which you are ownElr in whole or In part, you must
also fill out the supplemenlallncome Slalement which appears 'In the lasl page ot this Income and Expenle
Stllement.)
br"'~
.5'1II/(.:Sol .:rc.. (jK)O.o
INCOME
(a) Wages/Salary (1"vnl'. ~Ge.nc.'1J ,
Employer & Address At- ft.JUJ>>n tJ l. KE.60u..,..a:s UJV. ~!IO HIMT AJ.
Job Title/Description ...,M1".I1 ,4';141..'1#:1:_ J{'~",PIl7U. t:J,'~7C1f. =
~~~:se~I~:~e::~y ?e~;~~~~~~:. ~~n.~~I~~...... .~..................... ..,............. ....................,......................... $ . ~ Jjb, ~
Payroll Deductions:
Federal Withholding ..................$
Social Securlly ...........................$
Local Wage Tax ..........................$
State Income Tex .......................$
Retirement ..................................$
Health Insurance .....J................$
Other (speclfy)#.'.lU? ..~............$
___.........................$-
.........................$
Net Pay per Pay Period .........,.............................................................................................................. $~~.!:i1!3
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(b) Other Income Week
Interest/Dividends ......................$
Pension/Annuity .........................$
Social Security ...........................$
~s/ROyallies ..........................$
Expense Account .......................$_
Gifts .............................................$
Unemployment Compensation .$
Workme"'s Compensation .......5-
Month
Year
S
$
$
$
S
$
S
S
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s
s
s .JSo.
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S
5-
$__
-
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Total. Other Income .......................$
$
S ~D.oa
INCOME AND EXPENSE STAT MENT OF
I";~};" nl. mld~ In Inl.'ncaml Ind h;.n.. sri'"
menl .r, HUI and COff'CI. t underSland Ihallllle 111'em,n" her,ln
.,. mad. subjeet 10 In, pI"IIIl.1 01 18 Pa C S. 4904 fllltlng 10
un...aln 11""~'I'an la lulna,II... 1tf. f ri)~
Oil' -1}OI ~ ~
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CUMBERLAND 32
L. ,\., ',"....
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" ,..',"
Household
Week
EXPENSES
Home
Mortgage/Aent .............,....."....""""....,.. $ $
Maintenance ...."..".............."..".""..."... $ $
Utilities (telephone, heating
eleclrlc, etc.) ..........."..."........".."....... $ $
Employment (trensportatlon,
lunches) ..."........ "..................".." "...... $ $
TaMes
Aeal Estate ",..............""......................... $ $
Personal Property....,......................,....... $ $
Income ................................................,.... $ $
Insurance
tlomeowners ........................................... $ $
Automobile ..................................,........,.. $ $
Lite/Accident/Health .........................,.... $ $
Other ........................................................ $ S
^uton;oblle (payments, tuel,
repairs) ...............................,................. $ S
Medical
Doctor, Dentlsl, Orthodontist ................ $ $
Hospital............,...................................... $ S
Special (glasses, braces, elc.) ............... $ $
Education
Private. ParOChial School....................... $ $
College ..................................................... $ $
Personal
Clothing ................................................... $ S
Food ........................,........................,....... $ $
Olher (household lupplies.
barber, etc.) .......................................... $ $
Credit payments and loans .................... $ $
Milcellaneous
Household help/child care .... ""...."...." $ - $
Enlertalnment (Inc. papers,
books. vacation, pay TV. elc.) ............ $ $
-
Gilts/Charitable contrlbulion$ .............. $ $
Legal Fees ............................................... $ $
Other child support/alimony
payments .............................".............. $ $
Other (speclly) ............................................... $ $
TOI.I EMP.ns.s .........................................,... $ $
CUMBERLAND 33
Child
Week
Household
Month
Child
Month
$ 5-'1'1,50 $__
$ $
$ " oj. Ul) $_--
$ $
$ $
$ $
$ S
$ ,I. #J $
$ ,jo. Df $
$ $
$ $
$ Ib'. 01l $
$ ~b.1lO $__
$ $
$ $
$ $
$ $
$ S
$ , f'1). 10 $
S $
$ '1..1 1. ,.0 S
.
S $____.
S JD. ,.0 S
$ 1t..".1IO $_
$ $
S $
$ $
$ ..tru.:2- $
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APPOINTMENTS FORI SCHILDT,ROBERT L 202-36-7412 PRINTED: 4/2~/2~001iIOI ~7'
"pl" :!5a 2000 91 00 AM (30 MINUTES) LABORATORY-CAMP HILL
Ap'" 25~ 2000 914~ AM (30 MINUTES) PHYSICAL THERAPY-CAMP HILL
- -
Apr ~- 2000 !0130 AM i30 M II~UTF.S) VASCULAB,BLOt17;4TH FL(A)
..../~
AD'" 27, 2000 ! : 20 PM (20 MINUTES) UROLOGY-BLOU1.2ND .l
M<lY 0:;. :lOOO 10:30 AM ('.CO MINUTES) PHYSICAL ThERAPY-~~MP HClL
May 09, 2000 2:00 PM (30 MlIoIUTES) AHMED,PSY~HlATRY-CAMPHILL
\
M<ly 11. 2000 Il30 "'M (30 MlNU rES) SAXENA-CAMP HlLl
May 31, 2000 11 : 00 AM (4~ ,'lIIolUTES) AUDIOLOGY-CAMP HIl~
.Jun 14, 2000 11 : 00 AM (2~ MINUTE)) POO REGULAR,BL041?,2ND FL
Aug 14, 2000 211~ PM (1~ MINUTES) OPTOMEH:Y tl-BLOGt17, 2ND .:L
s-t 20, 2000 111 00 AM (30 MINUTES) HOANG-~EHAB MED,BLOG 23
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ASSETS OF PARTIES
Plaintift marks on the list below those items applicable to
the case at bar and itemizes the assets on the following pages. If
an item has been appraised, a copy of the appraisal report is
attached.
(x) 1-
(x) 2.
() 3.
() 4.
(x) 5.
() 6.
() 7.
() 8.
() 9.
(x) 10.
() 11-
() 12.
() 13.
(x) 14.
(x) 15.
() 16.
() 17.
(x) 18.
(x) 19.
() 20.
() 21-
(x) 22.
() 23.
(x) 24.
() 25.
() 26.
Real Property
Motor vehicles
Stocks, bonds, securities and options
certificates of Deposit
Checking accounts, cash
savings accounts, money market
Contents of safe deposit boxes
Trusts
Lifo insurance policies (indicate face value, cash
surrender value and current beneficiaries)
Annuities
Gifts
Inheritances
Patents, copyrights, inventions, royalties
Personal property outside the home
Businesses (list all owners, including percentage
of ownership, and officer/director positions held
by a party with a company)
Employment termination benefits - severance pay,
workman's compensation claim/award
Profit sharing plans
Pension plans (indicate employee contribution and
date plan vests)
Retirement plans, Individual Retirement Accounts
Disability payments
Litigation claims (matured and unmatured)
Military/V.A. benefits insurance (notified for
Education benefits agent orange)
Debts due, including loans, mortgages held
Household furni.shings and personalty (include as a
total category and attach itemized list if
distribution of such assets is in dispute)
Other
MARITAL DBBTS AND LIABILITIBS
plaintiff lists all marital debts and liabilities in which
either or both spouses have an interest individually or with any
person as of the date of separation:
1. PNC - Visa $9,736.58
optima Card 9,349.11
Citibank 10,317.98
. peoples Bank 7,840.82
1st USA 250.00
Chase 1. 828 .12
$39,322.61
2. Mortgage on Home ~ with PNC approx. $188,000.
,
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STATEMENT FOR RECIPIENTS OF PA
UNEMPLOYMENT COMPENSATION PAYMENTS
PlY'"
COMMONWEALTH OF PENNSYLVANIA
OEPAATMENT OF LABOR ANO INOUSTRY
BUREAU OF UC BENEFITS AND ALLOWANCES
HAIlRISBURG. PA 17121.0001
QMlNO '~50t1Of'IOfAAl.IO ~ 2l1lOll]1tH
,
sac SEC NO TOTAL PAYMENT
202.38.7412 59,349.00
RECIPIENTS nI'no. add,.... liP cod,
ROBUT L SCHILDT
P08 20S
LIVERPOOL PA 17045
--- .-----------
50ij003ij 5.33AOldW3 'Q~ :) 'UUJ
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_POO dlZ J>>YI .,..,,~. 'twW ',1MAOIe ~
llQUJlt... ~lIlnoM 1.100' I,NAoIdw:J It
'.
I!'"
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lJPOO dlZ pUI '."'PP' "WI\.! '.j~3 ~
lllQwnU UOlllOIIIIU8Pl JtM\dUJ3 q
I
ItQWf'IU IOJlUOO .
Thlslorm \hoWl th. IQt.1 unemployment compensallOO paid 10 you by thl
Otpanmll'il 01 LabOr and Industry 111 lhl 1111 year IndiCaltd. and the amount
01 Federallncom. lall 'Nlthheld (if you r8t.lLJllltlu lall WithhOlding,. Thill II
Importanll8lt Informallon Jnd II belnq furnlshl'IIO lh. Internal Rlvlnul
Slr,lC. (IRS). if you ;Ire reqUired 10 filII a reMn. .I I'Ilt9l1g.ncI penalty or
olher ,,"cllon may be Imposed or' you IIIhlS Income 15 13Jable W'd the IRS
,SttemunllIhatIt hal nol been rllPortftj, 'or Incom. t.. ,urpo.."
unemployment comp.n.atlon "n.nta .r. ,...."... 1ft th.
eal.ndar V..r In which thev .r. ,ald. ,e..rdl... of .un
the claim 'or bene"'. w.. m.d.
I . t. I
0'" R.Clpl.nt YOU MAY BE ELIGIBLE FOR THE
EARNED INCOME CREDIT. .nlCh ,sa Ft<ltf3i bent!l
'999 for DOth mBrru,d al'ld smgll parents 'HOO 'MJlked lither
full or par1 11m. dUMq all 01 or pan ollhl year and
earned less ttlan Ih. Federal Quabfyul(J amount If you
ar.lttlqlble, yoo 'Nil! tlttler owe less tall" or qualify for
a tor!)I' lall return To m. for Ihe Ea,rted Income
Credl!. flN ouloodai\adl.Sd1tWItEIC.IO yoorF_
Income 18.11 return For more Inlormanon. call the IRS
10111". 01 \ .800-329, \0010
SO.oo
NOTE, If you were l]Verp8ld Delleflls, and repaid thl
amount. ,t " Ibll ",dU<lt<l on lilt "TOTAL PAYMENr II
th. repayment "'81 mad. In thl sam. y.ar al lhl
ovtrpaym.nt make It" neciIIss,ry adlullm.lll .nd
notauon on 'f'J'JI TIA Form 10<0 or 104QA. Roc.tpl> you
hi" 'rom Iht OtPI. of L,bOI & Indu'lr/ mlY be ustd ..
you, prool 'or ldjllltmtnl1 d_.
InllrUdiOnllO RlClllIent PI".. make ally _1ionI1O 'fOOl add,,"
on the Itlaclled poalCl/ll: d.1ICh and ma~ It ,",Ill lhe flIOPII poltag..
yC,IOIIGRl" 1.00
_~'
r.' r
.
O"'l1In'l'Il or In. r'.lIu,y
1I'II,'".IIhw.nl,l.S.rwIU 11101 ...
N,m.hj.tlo",nl)I'I,.ll,I,n
Supplemental Income and Loss
IFrom r.nlol' r,"' ISIBltt. ravalllll. parln.rshlps,
S corporatlon,.lIt'I'I. hUlts, REMICs. tic,)
Uac to Farm 1040 or FI) 10 1. ... Se. In$lrucrlons for Schnduht E Form '040 .
tlo ,~.~ (JI"~
1999
A""ctlm'"1
.;.. ".nr. ~I<l
f'I'" ~'lr.,..1 ,..nllol. nl,llflQ"
gRT
P.rtl
L, SCHILDT
Income or Loss Front Rental Real Estate and Royalties Nul.: R.port Incom., iJnd ltllptnus rrom your busln... of r.ntlng
or I sir 'I IS R 01 r, m '/filIal In . m 1)( I . Ir m FQ ,n 5 'In iJ .., II
" :l For uch rtnlal rul ,,!Slale propl!r1y h51ed
on line 1. Qld 'Iou or your family
un It llurlng the lilIC yeljr far persanlll
f)urpalel for d10,. than lhlt g"aler of
. 14 dilYI, or
. 10% ot the tolilllliJYs '.nled al fair
nt- y I? In.lr II n
Pro .rtln
Ves
No
A
x
..L
Income: A
3 R.nt. r'C'lved 3 16 855
4
Ibp.n...:
1 Advlnlllng 5 384
. Auto and Iflve' (Ill. In'truellons) 6
7 Cleaning Ind malnt.nanc. 7 547
. Commlsslona 8
. Inluranc. . 9 .....ill..
10 L.g.llnd oth" profn.tlO"al rfta 10 1
11 Manlg.m.nt f... 11
1Z Mortglg. Inl"... plld to banks,
.Ic, (.11 inllrucUonl). 1 5 26
13 Oth.r Int.r.st , 1.
14 R,pI'" , 14 66
18 SUpp1/11 11 55
l' rl... 1 36
17 UIIIIIII. 1 6
11 Other (1/11) ~
PROPERTY A SEE sm 5 798
l'
C
TOlals
x
B
3050
38
m
C IA'Jrlcolumn.A Ii .nljC I
1 745 3 21
4
721
44
54
475
5
1 030
67
570
722
1 193
150
101
271
1253
Add I/n.. 5th,ough 18.
D.preclatlon ,.lIp.nll or d.pletlon
(I" instructions) ,
Totalt)(p.n,.., Add IIn.s 19 Ind 20
Incom. or (lOll) from renlal rell
IIrat. or royally prop.rtl.s, Sublract
IIn. :ll tram line 3 (rents) or lin. 4
(royalll.'), If lh. r,sult is a (1011),
SI. Instructions 10 find out If you mU$'
nil Fo,", 6111
D.ductlbl. finial rill 'Itat. lo"s.
Caution: '(our finial real .s.al.loss on
Iln. 22 mllY b. Ilmlt.d, S.. inlllmcllona
10 rind oull' you mull nI. Fo,",86U.
N.., ","t. proflSSlonll. mUll cc.mpl,t.
Iln. 42 on plgl 2. . J
Income. Add pOSitivI amounts shown on IIn. 22. 00 not Includ. any 10....
Lots.s, Add royalty 101S,S from IIn.12 and rllnlal rUI.stat. Ion.. from Une 23 Ent., 10lalloSM$ h.,.
TOlal rlntal ftll IIlal. and rovally Incom., or (l05S), Combln. Iln,1 24 and 25 Enr.r th. r.sult here If P;.uts II, III. IV,
Ind. Hn. 39 on P'OI 2 do nor apply ro vou, also .nt" thll amount on 'orm 1040, IIn. '7 Oth.rwl1t1. Includ. rhls
4
'or Paperwork Reduction Act Nolle.. SM Form 1040 Instructions.
10 86
4 203
o
1
5 1
16 0 4
306
4 509
148
3 109
o
5 6
831
-1 459
-1 36<1
1 459
4
Schldul. E IFo,", 10401"11
NMU\IAGE SBTTT.-NT AGRI!lEMENT
THIS AGRI!lEHI!NT, made this;~ )-(1. day of "I')i't...,~i.0.4') , 2000, by
and between HAllY E. SCHILDT, hereinafter referred t,:) as WIfE:, and
ROBERT L. SCHILDT, hereinafter referred to as HUSer-.tto.
WIT N E S S B T H:
WHEREAS, the parties were lawfully married on September 15,
1967 in Hershey, Pennsylvania; and
WHEREAS, certain differences have arisen between the parties
as a result of which they have decided to .separate and to live
separate and apart from one another, and it is the intention of
these parties to live separate and apart for the rest oe their
natural liVIlS, and the parties herllto are desirous of settling
fully and finally their respective financial and property rights
and obligations as between each ot~ler, including without
limitation, (1) the settlement (,f all matters bet',o/een them
relating to the ownership of real and personal property; (2) the
settlement of all matters between them relating to past, present
and future support and/or alimony; (3) the settl.ement and
conclusion of their legal status as a married couple; and
WHEREAS, during the parties' marriage there has been a
complete disclosure of the earnings and property of each party,
and each understands his/her rights under the Divorce Code of the
Commonwealth of Pennsylvania I and
WHEREAS, WIFE, having been properly advised by her counsel,
employment which to him or her ~dY seem advi$abl~. This prevision
shall not be taken, howe',er, to be an admissi-:n on ~he. part. of
either HUSBAND or WrfE of the lawfulness of ~he causes which led
to or resulted in, the continuation of theLr liv~ng apart.
3. DEBTS
The parties hereto have been living separat~ and apart since
on or about September 5, 1995. Each party hereto agrees that each
will be solely respor.sible for any debts incurred by either of the
parties since September 5, 1995.
4 . HUSBAND'S DEBTS
HUSBAND represents and warrants to wrfE that he has not and
in the future he ~ill not contract or incur any debt or liability
for which WIn: cr her estate might be respor.sible and shall
indemnify and sa'!e WIFE harmless from any and all claims or
demands made against her by reason of debts or obligations
incurred by him.
5. 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 sa',e HUSBAND harmless from any and all claims or
demands made against him by reason of debts or obligations
incurred by her.
6. I?ERSONAL I?ROI?ERTY
HUSBAND and WrFE hereby acknowledge that they have agreed
'Jpon the di'lision of all r.angibl>9 p"!rs0na~ pcperr.y, in';luding
jewelry, clothing, flJmiture, h<)us<?h.~ld .;!'l'JiFment, appliances,
motor vehicles, recn'ational vehides and tc,~ls. Each party
agrees that these i~em5 have already b~.n divided and each party
is the owner of any it~ms of marit51 property currently in their
possession. This agremment shall act as a bill ~f sale evidencing
the transfer of ownership to the individual party of all items in
their possession,
Special reference is hereby made ~o the mcbile home/trailer
located on the Howe Township Property, HUSBAND hereby agrees that
the mobile home/trailer is ,:0 be titled in WIfE'S name alone.
Currently, there is an ollcstanding mortgage on the Howe Township
property, including t;1~ :not ~ Le ;,cme/: railer. HrJSBAND hereby
authorizes the mortga'1ee co :ransfer title of this . mobile
home/trailer to WIfE alone upon sdtisfac~ion of the mortgage.
7. AfTER-ACCUIP.ED PSRSCtiil.L l'ROl'E?T'f
Each of the parties shall hereafter own and enjoy,
independently of any claims or rights of the other, all items of
personal property, tangible or intangible, hereafter acquired by
him or her, with full power in him or her to dispose of the same
as fully and effectively, in all respects and for all purposes, as
though he or she were unmarried.
8. REAL ~ROPERT'f
By Deed dated September 9, 1995 HUSBAND transferred all his
right, title and interest in real property situate in Howe
Township, Perry County, Pennsyl'l8nia to WIfE. A copy of this Deed
is attached hereto a~d marked 3S Exhibit A. WIfE hereby agrees to
assume sole respons ibi li ty eor ~he r;a yment of the. outstanding
mortgage on this propert'/. HUS2AND understands that his name
cannot be removed from the Mortgage "Iithout the consent of the
l~nder. WIfE further agrees to nold HUSBAND harmless for any
monies which HUSBAND would have tc pay on the Mortgage as a result
of WIFE' S failure to make mort';jage payments on the existing
Mortgage.
9. ESCROW MONIES
Certain real properties of the parties were sold by HUSBAND
prior to the execution of this Agreement. By Court Order date.d
March 18, 1999, HUSBAND '"as directed to place the proceeds from
the sale of these properties in an escrow account.
Seventeen
thousand ($17/000.001 dollars was placed into the escroW account.
HUSBAND agrees to pay WIfE :ifteen thousand five hundred
($15,500.00) dollars frem the escrow account as part of the
consideration for WIn: signing thlS Agreement. Said monies to be
paid to WIFE on even date with final execution of this Agreement.
10. PENSION
Both parties hereby '''ai'/e any claim, right, title or interest
which they may have in the pension or other retirement fund owned
by the other party.
11 .. RELEASE
Subject to the provisions of this Agreement, each party has
released and discharged, and by this Agreement does for himself or
herself, and his or her heirs, legal representati'/es, "!x"!o:utors,
administrators and assi'Jrls, r'!l"!as"!, indemnify (ino:luding actual
legal f~es) J;lnd dischargl\? the other of and fern all causes ot
aCtion, claims, ri~hts, ,n demands, whatsoever :.n law or equity,
including equitabl'! distribution, spousal . s'Jpport, alimony,
counsel fees, alimony pendente lite and expens'!s which of the
parties against the other ever had, now has, or may have in the
future under the E''3nnsylvania Divorce Code, as amended, or under
any other statuto,:! or common law, except as set f,nth below in
this paragraph, all causes of action for divorce, and all causes
of action for breach of any provisions of this Agreement,
including proceedings to enforce this Agreement pursuant to the
provisions of the Divorce Code. Each party also waives his or her
right,to request marital counseling, pursuant to the Divorce Code.
12, WAIVERS QF CLAIMS AGAINST ESTATES
Except as herein otherwise provided, each party may dispose
of his or her own property in any way, and each party hereby
waives and relinquishes any and all rights he or she may now have
or hereafter acquire under the present or future laws of any
jurisdiction, to share in the property or estate of the other as a
result of the marital relationship, including without limitation,
dower, curtesy, statutory allowance, widow's allowance, right to
take against the Will of the other, and r iqht to act as
administrator or executor of the other's estate, and any right
existing now or in the future under the Pennsylvania Divorce Code,
as amended from time to time, and each will, at the request of the
other, execute, acknowledqe and de:'iv'!r any and all instruments
whi,=h may be ner.eS.3iHY cr a'j"lsal:;:'e to cdtr,! lnt') '!Uect this
mutual waiver ~nd relinquishment of all such interests, rights and
claims.
13. ALIMOtl'{
Both panies acknowledge and agree that the provisions of
this Agr'ilement providing for equitable distribut.lon of marital
property are fair, adequate and satisfactory to them and are
accepted by them in lieu of and in full and final settlement and
satisfaction ,)f any claims or demands that either may now or
hereafter have against the other for support, maintenance or
alimony. HUSBAND and WI FE flJrther, voluntarily and intelligently,
waive and relin-=!uish any right to seek from the other any payment
for support or alimony. Each party shall indemnify, defend and
hold the othe~ harmless against any future action of either
support or alimony brought by or on behalf of the other, such
indemnity to in;-lude the actual counsel fees of the defendant in
any such future action.
14. RIGHTS ON EXECUTION
Immediately upon the execution of this Agreement, the rights
of each party against the other, despite their continuing marital
status, shall te~minate and be as if they were never married.
15. LEGAL FEES
If either party to this Agreement resorts to a lawsuit or
other legal action to enforce the provisions of this Agreement,
the successful party shall be entitled to recover his or her
C'3asonable counsel fees, "J\:tlJally lnCtlrrl;ld, from the othet' as a
part of the judgment entered In such legal act lon, whether In law,
in equity or pursuant to the provisions of the Di'/orce Code, as
,.the same shall be determined by the Court.
16. ADDITIONAL INSTRUMENTS
Each of the parties shall from time to time, at the request
?f the other, execute, acknowledge and d~liver to the other party,
any and all further instruments that may be reasonabiy required to
give full force and effect to the provisions of this Ayreement.
17. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the
parties. There are no other representations, warranties, covenants
?r Lmdertakings other than those e'xpressly set forth herein.
HUSBAND and WIFE acknowledge and agree that the provisions of this
Agreement with respect to the distribution and division OF marital
and separate property are fair, equitable and satisfactory to
o:hem, based on the length of their marriage and other relevant
factors which have been taken into consideration by the parties.
Both parties hereby accept the provisions of this Agreement with
,
,
respect to the division of property in lieu of and in full and
final settlement and satisfaction of all claims and demands that
,:hey may now have or hereafter have against the oth~r for
equitable distribution of their property by any court of competent
jurisdiction. HUSBAND and WIFE each voluntarily and intelligently
waive and relinquish any right to seek a court ordered
determination and distribution of marital property, but nothing
herein contained shall constitute a waiver by either party of any
rights ~o seek the reLief of any court for the purpose cf
~IAG! SETTLEMEN'1' AGREEMIINT
1 ,(I.. II')
THIS AGIlEIHENT, made thls/l) day of" ..'1......../.....-
between MARY E. SCHILDT, hereiniltter referred to as
, 2QOO, b:;
WIn:, and
and
ROBERT L. SCHILDT, hereinafter refo:!rred to as HUSBAND.
WIT N E SSE T H:
WHEREAS, the parties were lawfully married on September 15,
1967 in Hershey, Pennsylvania; and
WHEREAS, certain differences have arisen between the parties
as a result of which they have decided to separate and ':0 live
separate and apart from one another, and it is the intention cf
these parties to li'le separate and apart for the rest cf their
natural lives, and the parties hereto are desirous of settling
fully ar.j finally their respecti're financial and property rights
and ob::.gations as between each other,
including 'tJithou,:
limitation, (1) the settlement of all matters between them
relating to the ownership of real and personal property; (2) the
settlement of all matters between them relating to past, presen:
and future support and/or alimony; (3) the settlement and
conclusi?n of their legal status as a married couple; and
WHER&AS, during the parties' marriage there has been a
complete disclosure of the earnings and property of each party,
and each understands his/her rights under the Divorce Code ot the
Commonwealth of Pennsylvania; and
WHER&AS, WIfE, ha'fing been properly ad'/is9d by her :ounsel,
R. ~lark Thomas, Esqui.~o:!, and HUSBAt::, ha'linj been propert, advised
by his counsel, P. IU.:hard Wagne:, Esquire, the parties hereto
have come to this Agreement, which ~ollows:
NOW, THEREFORE, in ':onsidera::on of ~he abo'/e recitals and
the following covenants and promises mutually made and mutually to
be kept, the parties, intending :0 be legally bound, agree as
follows:
l. AGREEMEN':' NeT TO BE A BA8, TO DI'/ORCE PROCEEDINGS
A Complaint in Di '/orce has be<:n filed at No. 97 -4 969 in the
Court of Common Pleas cf Cumberland :ounty. The parties intend to
secure a no-faul: di':'Jrce pursua~.: to Section 3301 (c) of the
Divorce Code of 198'), Each of the parties hereto agrees to siqn
whatever Affidavits are necessary:? secure that divorce as well
as a Waiver of Notice of Intention :0 Obtain Divorce Decree. This
Marriage Settlement Agreement shall be incorporated into the Final
Decree in Divorce, No court may change the terms 0 f this
agreement, which shall be enforced :n accordance with its terms.
2. fERSONAL RIGHTS
HUSBAND and WIFE may and shall. at all times hereafter, live
separate and apart. Each shall be free from all control,
restraint. inter fer9nce or authori::r, direct or indirect, by ~he
other in all respects as fully as if he or she were unmarried.
Each may reside at such place or places as he or she may select.
Each may, for his or her separate 'JS'3 or benefit, conduct, carry
on and engage in an}' business. occupation, profession or
employment which t,~ him or her m"y se~m advisable. This pr'~'/isicr.
shall IIQt be taken, howe'/er, to be an admhsiQn on the p..rt c:
either HUSBAND or WIfE ct the lawfulness of the causes which le~
to or resulted in, the continuation ot their living apart.
3. DEBTS
The parties hereto have been living separate and apart since
en or about September 5, 1995. Each party hereto agrees that each
will be solely responsible for any debts inr.urred by either of the
parties since September 5, 1995.
4 . HUSBAND'S DEBTS
HUSBAND represents and warrants to WIFE that he has not, and
in the future he will not contra~t 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 obligations
incurred by him.
5. 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
indemni fy and save HUSBAND harmless from any and all claims or
demands made against him by r~ason of debts or Obligations
incurred by her.
6. PERSONAL PROPERTY
HUSBAND and WIFE h'!reby acknowledge that the, have <Igre,!.j
'Jp'on the division of a ii tangi.ble ~'lrsonal propert" incL'Jding
jewelry, clothing, fllrniture, househo:d er.pipment, appliances,
motor vehicles, recreationa l vebicles and :ools. Each party
agrees that the~e items have already been di~ided and each party
is the owner of any items of marital proper~; currently in their
possession. .This agreement shall act as a bi:l of sale evidencing
the transfer of ownership to the individual party of all items in
their possession,
Special reference is hereby made to the mobile home/trailer
located on the Howe Township Property, HUSBAtlD hereby agrees that
the mobile home/trailer is to be titled in <lIFE'S name alone.
Currently, there is an outstanding mortgage cn the Howe Township
property, including the mobile home/,:railer, HUSBAND hereby
authorizes the mort~agee to transfer tit:e of this mobile
home/trailer to WIFE alone upon satisfaction c: th.e mortgage.
7. AFTER-ACQUIRED PERSONAL PRO PERT,
Each of the parties shall hereafter own and enjoy,
independently of any claims or rights of the other, all items of
personal property, tangible or intangible, hereafter acquired by
him or her, with full power in him or her to dispose of the same
as fully and effectively, in all respects and for all purposes, as
though he or she were unmarried.
S. REAL PROPE!1T'f
By Deed dated September 9, 1995 HUSBAND transferred' all his
right, title and interest in re~l property situate in Howe
Township, ~erry County, ~ennsylvania to WIFE. A copy of this Deed
is attached hereto ar..:J markej as E:xhibit A. W:E'E hereby agre'!!s to
assume sole responsibility fur the pa,ment' ';:f the ~utstanding
mortgage on this property. HUSBAND IJndersr:'3nds tha~ his name
cannot be r:emoved t'rum the Mortgage ',Iit:hout the consent of the
lender. WIFE further agrees tQ hold IlUSBArlD harmless for dny
monies which HUSBAND would have to pay on the Mortgage as a result
of WIfE'S failure to make mortgage payments on the existing
Mortgage.
9. ESCROW MONIES
Certain real prQperties of the parties ~ere sold by HUSBAND
prior to the execution of this Agreement. By Court Crder dated
March 18, 1999, HUSBAND was directed to place the proceeds from
the sale of these properties in an escrow account. Seventeen
thousand ($17,000.00) dollars was placed intc r:he escrow account.
HUSBAND agrees to P'3Y WIFE Fifteen thousand fi'le hundred
($15,500,00) dollars from the escrow accolmt as part of the
consideration for WIFE signing this Agreement. Said monies to be
paid to WIFE on e'len date with final executicn of this Agreement.
10. PENSION
Both parties hereby waive any claim, right, title or interest
which they may have in the pension or other retirement fund owned
by the other party.
11. RELEASE
Subject to the provisions of this Agreement, each party has
released and discharged, and by this Agreement does for himself or
herself, and his or her heirs, Le1a1 representar:lves, executors,
arlministrators and a".sL'Jr\S, reLeas"", ir.demnlfj (including actual
legal f'lles) and dischar'Je the other of and from all causes of
action, ':laims, rights, Qr demands, whatsoever in La'.... or equity,
including equi tac 1e distrLbut ion, spousal support, alimony,
counsel fees, alimony pendente lite and expenses which of the
parties against the other ever had, nOIN has, or may have in the
future under the Pennsylvania Divorce Code, as amended, or under
any other statutorjl or common law, except as set forth below in
this paragraph, all causes of action for divorce, and all causes
of acticn for breach of any provisions of this Agreeme~t,
including proceedings to enforce this Agreement pursuant to the
provisions of the Civorce Code, Each party also waives his or her
right to request marital counseling, pursuant to lhe Divorce Code.
12. WAIVERS 0F CLAIMS AGAINST ESTATES
Except as her'3in otherwise provided, each party may dispose
of his or her own property in any way, and each partjl her'3by
waives and relinquishes any and all rights he or she may now have
or hereafter acquire under the present or futlJre laws of any
jurisdiction, to share in the property or estate of the other as a
result of the marital relationship, including without limitation,
dower', curtesy ~ sta tutory allowance, widow' 13 allowance, right to
take against the Will of the other, and right to act as
administrator or executor of the other's estate, and any right
existing now or in the future under the ~ennsylvania Divorce Code,
as amended from time to time, and each will, at the request of the
'thp.r. execute, ackn'Jwledge and del i '/oer any and all inst ruments
'Nllio::h mal be necess*ry or ad'lisabl".l to carry into .1ffec,~ tnis
mutual waiwer and r~linquishment of all such interests, rights and
claims,
13. ALIMONY
Both parties 3cknowledge and agree that the pr:visions of
this Agreement pro':iding for equitable disr:ribution of marital
property are fair, adequate and. satisfact:)ry to tr,em and are
accepted by them in lieu of and in full and final se~r;lement and
satisfaction of an:; claims or dElmands that either may now or
hereafter have ag~:nst the other for support, mai~tenance or
alimony. HUSBAND and WIFE further, voluntarily and intelligently,
waive and relinquish any right to seek from the other 3ny payment
for support or alimony, Each party shall ~ndemnify, defend and
hold the other harmless against any futu~e action of either
support or alimony brought by or on behalf of the other, such
indemnity to include the actual counsel fees of the defendant in
any such future act::)n.
14. RIGHTS ON ~XECUTION
Immediately upcn the execution of this Agreement, the rights
of each party against the other. despite their continuing marital
status, shall terminate and be as if they were n~ver married. .
15. LEGAL FEF2
If either parti' to this Agreement resorts to a lawsuit or
other legal action to enforce the provisions of this Agreement,
the successful par':y shall be entitled to recover his or. her,
reasonable counsel fees, actlJally incurr'3d, from the other as .
part of the judgment enter~d in such legal action, whether in law,
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in equity or pursuant to the provisions ':: the Divorce Code, as
the same shall be determined by the Court,
16. ADDITIONAL INSTRUMENTS
Each of the panies shall from time t: time, at the request
of the other, execute, acknowledge and deli~.r to the other party,
any and all fur.ther instruments that may be reasonably required to
give full force and effect to the provisiJns of this Agreement.
17. ENTIRE AGREEMENT
This Agreement contains the enti:e ~nderstanding of the
parties. There are no other representations, warranties, covenants
or undertakings other than those expressl/, set forth herein.
HUSBAND and WIFE acknowledge and agree that :he provlsions of this
Agreement with respect to the distribution and division of marital
and separate property are fair, equitable and satisfactory to
them, based on the length of thelr mar:iage and other J;'elevant
factors which have been taken into consideration by the parties.
Both parties hereby accept the provisions c: this Agreement with
respect to the division of property in lie'.! of and in full and
final settlement and satisfaction of all claims and demands that
they may now have or hereafter have against the other for
equitable distribution of their property by any court of competent
jurisdiction. HUSBAND and WIFE each volunta:ily and intelligently
waive and relinquish any right to seek a court ordered
determination and distribution of marital property, but nothing
herein contained shall constitute a waiver b, either party of any
rights to seek the relief of any co~rt f~r the purpose of
enforcing the pr~viBions gf this Agreement,
16, NODI F. :AT ION ArID WAIVER
A modification or 'I/aiver of any of the provisions 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 ~pon strict performance ?f the provisions of this
Agreement shall not be construed as a 'l/ai'/er of any subsequent
default of the same or similar nature.
19. '/OLUN7;..?t EXECUTION
Each part, acknowledges that the Agreement is fair and
equitable, that ~': is being entered into '/oluntarily, with full
knowledge of the assets cf both parties, and that it is not the
result of any du::ess or undue influence. The parties acknowledge
that they have ceen furnished with all information relating to the
financial affairs of the other which has been requested by each of
them.
20. DESCRI?TIVE HEADINGS
The descri~tive headings used herein are for convenience
only. They shall have no effect whatsoever in determining the
rights or obligations of the parties.
21. CONTROLLING LAW
This Agreement shall be construed in accordance with the laws
of the Commonwealth of Pennsylvania.
PAGE'
01-05
ROBER'r L. SCH I LOT _
VS
MARY E. SCHUDT
Amonll the RCCllUh and I)rnc,,'cdinp.!\ cnrlllh:d in Ihe courl uf ('omOlon Pleas in and for the
county of .
CUMBERI1M!!>_____._______
97-4969
936 HBG 98 _ __ Term, 19
is contllined the followin~:
In the Comnlllnwelllth of rennsylvlInill
10 No.
nwy OF
___Al'.fBJ\R^N(,F.~
DOCKET ENTRY
09-15-98 COMPLAINT - DIVORCE
PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(0)
10-02-97 DEFENDANT'S COUNTER-AFFIDAVIT tlNnER SECTTON 3301(D) OF
THE DIVORCE CODE.
10-03-97 PRAECIPE FOR ENTRY OF APPEARANCE FOR DEFENDANT BY R
MARK THOMAS ESQ.
10-03-97 ANSWER AND COUNTERCLAIM ANSWER TO COMPLAINT IN DIVORCE
ADDITIONAL COUNT - EQUITABLE DISTRIBUTION
ADDITIONAL COUNT - COUNSEL FEES COqTS AND EXPENSES
12-24-97 MOTION FOR APPOINTMENT OF' MASTER BY P RICHARD WAGNER
ESQ. FOR PLF'F.
02-23-98 ORDER OF COURT APPOINTING E ROBERT ELICKER ESQ. AS
MASTER.
03-10-98 PETITION FOR SPECIAL RELIEF AND ENFORCEMENT OF A
PROPERTY SETTLEMENT AGREEMENT
03-18-98 ORDER - DATED 3 -18.,98 - IN RE PETITION "'OR SPECIAL
RELIEF AND ENFORCEMENT OF A PROPERTY SETTLEMENT
AGREEMENT - RULE IS ISSUED UPON DEFENDANT RETURNABLE 4-
8 - 98 3 PM CR 2.
BY THE COURT: EDGAR B. BAYLEY, J.
COPIES MAILED 3-19-98.
05-27-98 OPINION AND ORDER OF COURT - DATED 5-26-98 IN RE
PETITION OF PLA INTI FF TO ENFORCE THE PROPERTY
SETTLEMENT AGREEMENT - DENIED -
BY THE COURT: EDGAR B. BAYLEY, J.
COPIES MAILED 5-27-98
06-24-98 NOTICE OF APPEAL TO SUPERIOR COURT BY P RICHARD WAGNER,
ESQ.
07-01-98 SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO #936
HBG 98.
07-10-98 TRANSCRIPT LODGED
07-16-98 TRANSCRIPT FILED.
MISC. (EXHIBITS)
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ROBERT L. SCHILDT,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-4969 CIVIL TERM
v.
MARY E. SCHILDT,
Defendant
IN DIVORCE
ANSWER AND COUNTERCLAIM
ANSWER TO COMPLAINT IN DIVORCE
1 - 7.
Pursuant to Pennsylvania Rule of Civil Procedure
1920.14, an Answer to the allegations of an action for divorce is
not required, and such allegations are deemed denied.
fQ.UNTERCLAIM
COUNT I
EQUITABLE DISTRIBUTION
8. The prior paragraphs of this Answer and Counterclaim are
incorporated herein by reference thereto.
9. During the life of the marriage the parties acquired
marital property, both real and personal.
10. The Defendant requests the Court to equitably divide,
distribute or assign the marital property between the parties in
such proportion as the Court deems just after consideration of
all relevant factors.
WP.EREFORE, Defendant respectfully requests the Court to
enter an Order of equitable distribution of marital property
pursuant to ~3502(a) of the Divorce Code.
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COUNT II
REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES
11. The prior paragraphs of this Answer and Counterclaim
are incorporated herein by reference thereto.
12. De#endant has employed R. Mark Thomas, Esquire, to
represent her in this matrimonial cause.
13. Defendant is unable to pay her counsel fees, costs and
expenses and Plaintiff is more than able to pay them.
14. Plaintiff is employed and has the ability to pay
Defendant's counsel fees, costs and expenses.
15. Reserving the right to apply to the Court for temporary
counsel fees, costs and expenses prior to final hearing,
Defendant requests that, after final hearing, the Court order
Plaintiff to pay Defendant's reasonable counsel fees, costs and
expenses.
WHEREFORE, Defendant respectfully requests that, pursuant to
S3304(a)(I), S3323(b) and $3702 of the Divorce Code, the Court
enter an Order directing Plaintiff to pay Defendant's reasonable
counsel fees, costs and expenses.
COUNT I II
DECLARATORY JUDGMENT
16, Paragraphs 1 through 15 are incorporated herein by
reference thereto.
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17. On or' about September 9, 1995, the Defendant, under
duress from the Plaintiff, signed a Property Sett,lement Agreement
that was prepared by the Plaintiff and Plaintiff's then counsel.
A copy of that Property Settlement Agreement is attached hereto
and marked Defendant Exhibit "A".
18. At the time this Agreement was executed by the
Defendant the Defendant was not fully and fairly aware of the
marital estate or her right to a fair portion of that marital
estate.
19. When the Agreement was executed by the Defendant this
Defendant was acting under duress which had been applied by the
Plaintiff and which caused the Defendant to execute an Agreement
which was unfair and unjust.
WHEREFORE, the Defendant prays that this Honorable Court
will enter a declaratory jUdgment in which the Property
Settlement Agreement dated September 9, 1995 is declared null and
void.
COUNT IV
~H OF AGREEMENT
20. Paragraphs 1 through 19 are incorporated herein as if
set forth at length.
21. Under clause six of the Property Set tlement Agreement
dated September 9, 1995, the Plaintiff was to transfer and assign
to Defendant, as her sole and separate property, all his right,
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PROPERTY SETTLEMENT AGREBHiHt
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THIS AGREEMENT, made this "It' ~t of september 199~ by
and between ROBERT L. SCHILDT, here na ter referred to as
"Husband'" and MARY E. SCIIILDT, hereinafter referred to as
"Wife".
WITNBSSETHI
WHEREAS, Wife and Husband were legally married on S q!.:. 'l)~ 1<(' 7
and
WHEREAS, differencee have arisen between Husband and Wife in
consequence of which they desire to live separate from each
other, and
WHEREAS, Wife and Husband desire to settle and determine
forever all their rights, obligations, and division of their
property,
NOW, THEREFORE, in consideration of the mutual promises
herein contained and for other good and valuable consideration,
receipt of which is hereby acknowledged, lIusband and Wife
intending to be legally bound hereby do promise, covenant and
agree as follows:
1. ~EPARATION: It shall be lawful for each party at all
times hereaftflr to live sepa.aLe 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 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. INTERFERENCE: Each party shall be free from inter-
ference, authority, and contact by the other, as fully as if
he or she were single and unmarried except as may be necessary to
carry out the provisions of this Agreement. Neither party shall
molest the other or attempt to endeavor to molest the other, nor
compel the other to cohabit with the party, nor in any way harass
or malign the other, or in any way interfere with the peaceful
existence, eeparate and apart from the other.
3. HUSBAND' S DEBTS: Husband represents and wan'ants to
Wife that subsequent to the execution of this Agreement, he will
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
1
EXH rB [T "A"
13
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shall indemnify and hold Wife hanDless trom allY ami ,,11
claims or demands made against her by reason ot dobts or
obligations incurred by him.
4. WIFE'S DEBTS: Wife represents and warnlllts to Ihlsb"nd
that subsequent to the execution of thi.. A<jl'oomont, ..ho will not
contract or incur any debt or liability fOI" whh:h III1..band or his
estate might be responsible and shall indemn i ty anll ho ld Ihlsl.>and
harmless from any and all claimtl or domandtl IIh\llo .\lJ,dntlt him by
. reason of debts or obligRtions incurred by her.
5. MUTUAL RELEASE: subject to the provisions at this
Agreement, each party has released and discha~ged, alld by this
Agreement does for himself or herself, and his or her heirs,
legal representative, executors, administrators and assigns,
release and discharge the other of and fl'om all l:dUtleS of action,
claims, rights, or demands, whatsoever in law dlld oquity, which
either of the parties ever had or now has against the other,
except any and all causes of action for breach of any provision
of this Agreement.
It is the intention of Husband and Wife to give to each
other by the execution of this Agreement a full, complote and
general release with respect to any and all property of any kind
or nature, real, personal or mixed, which the other now owns or
may hereafter acquire, including but not limited to, past,
present or future spousal support or maintenance, alimony,
alimony pendente lite, counsel Zees, '1quitllble uistributioll,
pension or retirement benefits, costs or expenses, whether
arising as a result of the mD~ital relation or othurwise.
6. REAL ESTATE: Wife tlereby agr<.lOS to transter lInd assign
to husband, as his sole and separate propertius, all of her right
title and interest in and to the fiv$ (5) parcela of real estate
which are bounded anj described on the deeds, attached hereto,
made a part hereof and marked collectively as Exhibit "A".
Husband further agrees to assume as his sole obl1<Jation any and
all mortgage payments, payment of insurance premiums, taxes,
claims, damages or other expenses incurred in connection with
said parcels of real estate and Husband agrees and covenants to
indemnify and hold Wife harmless from such liability or
Obligations.
Husband hereby agrees to transfer and a~slgn to Wife, aa
her sole and separate r~0~~.~Y, all of his right title and
interest in and to the Howe Township property, inclusive of the
mobile ho.,e and all contents thel"ein, which is bounded and
described on the deed attached hereto, made a part hereof and
marked Exhibit "8". Wife further agrees to assume as her Bole
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obligation any and all mortgage payments, payment of insurance ,A
premiums, taxes, claims, damagos or other expenses incurred in ~/r/fr
connection with said parcel of real estate and Wife agrees and {~fO
covenanta to indemify and hold Husband harmless from such . TtiOl
liability ,or obligations.. I.f j.. ).-n ,/ (',.,. ,.,., ..' ,,,.to f".>-v?1J~'
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,,(",~"4,.4 ,It' 14. I,.... ./J./.,.? JI :I".) "',/,r<~..t.
7. PERSONAL PROPERTY; Wife hereby transfers and conveys
all household furniture and furnishings and all other articles of
personal property which have heretofore been used by them in
cornmon to Husband and thl s Agreement shall serve as a bill of
sale for same.
8. MOTOR VEHICLES; Husband shall receive exclusive title
to all jointly owned vehicles. Husband agrees to assume sole
responsibility for and to indemnify and hold Wife harmless from
any and all demands, claims, suits and causes of action for
payment of any encumbrance as to said vehicles.
9. PENSION. PROFIT-SHARING. RETIREMENT. CREDIT UNION OR
OTHER EMPLOYMENT-RELATED PI~NS: The parties hereto expressly
waive and relinquish any right, claim, title or interest in any
pension, prOfit-Sharing, retirement, credit union, National Guard
benefits, or other employment-related plans in which the other
has any interest by virtue of his or her past or present
employment, whether vested or unvested, matured or unmatured,
10. WAIVERS OF CLAHIS IIGAINST ESTATES: Except as herein
otherwiee provided, each party may dispose of his or her property
in any way, and e~ch 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 an~' 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, 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.
11. ADDITIONAL INSTRUMENTS; Each of the parties shall from
time to time, at the requost of the other, execute, acknowledge,
and deliver to the other party any and all further instruments
that may be reasonably required to give full force and effect to
the provisions of this Agreement.
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1:1. BREACH: It either party breaches any provision ot this
Agreement, the other party shall have the right, at his or her
election, to sue for damages for such breach or to seek such
other remedies or relief as may be available to him or her. The
party breaching this contract shall be responsible for payment
ot legal fees and costs incurred by the other in entorcing his or
her rights under this Agreement.
13. FUI,L DISCLOSUlUI: Husband and Wi fe hereby state that
they have negotiated the Hithin Agreement after full disclosure,
one to the other, of all marital property, assets, pensions,
debts and financial matters.
Both parties acknowledge that they fully understand ths
facts and acknowledge and accept that this Agreement is tair and
equitable and that it is being entered into freely and
voluntarily and is not the result of any duress, undue influence,
collusion or improper or illegal agreement or agreemonto.
14. MODIFICATION AND WAIVER: A modification or waiver of
any of the provisions of this Agreement shall be effective only
if made in writing and executed 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.
15. SURVIVAL BEYONDJl[YORCE DEC~EE: The parties hereby
acknowledge that they have ar.:c<'pted the within separation
agreement as a final settlement for all purposes whatsoever
between-themselves as contemplated by the pennsylvania Divorce
Code. Should a Decree, Judgment, or Order of Separation of a
Divorce be obtained by either of the parties in this or any other
state, each of the parties hereby consents and agrees that this
Agreement and all its covenants shall not be affected in any way
by any such separation or divorce; and nothing in any such
Decree, Judgment, Order of further modification or revision
thereof, shall alter, amend or vary any term of this Agreement,
whether or not either or both of the parties shall remarry, it
being understood by and between the parties that this Agreement
shall Ilurvive and shall not be merged into any Decree, Judgment,
or Order of Divorce or Separation. It is specifically agreed,
however, that a copy of this Agreemant or the substance of the
provisions thereof, may be incorporated by reference into any
Divorce, Judgment or DecrAe for the purposes of enforceability
only. Thie incorporation, hOH~ver, shall not be regarded as a
merger, it being the specific intent of the parties to permit
this Agreement to survive any Judgment or Decree, and to be
forever binding and conclusive upon the parties.
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16. ADVICE OF COUNSEL: This Agreement contains the entire
understanding of the parties who expressly acknowledge that this
Agreement has been entered into by his or her own volition, with
full knowledge of the facts and ful.l information as to the legal
rights and liabilities of each other, after consultation with
counsel of his or her own choosing, or being informed to retain
counsel of his or her own choosing, and each believes this
Agreement to be reasonabJ.a under tho circumstances, being fully
informed of all prct,'erti Jwned "y each other, lwd each heroby
acknolwedges that there have been and are no representations,
warranties, covenants or agreements other than those expressly
set forth horein.
It is understood and Wife expressly acknowledges that
R. Scott Cramer, Esquire, is exclusively representing the
interests of Robert L. Schildt. Wife hereby rejects the advice
of Hr. Cramer to retain her own counsel.
17. LAW OF TilE COMMONWEALTH APPLICABLE: This Agreement is
construed in accordance with laws of the Commonwealth of
Pennsylvania which are in effect as of the date of the execution
of Agreemlolnt.
18. AGREEHEN'r BINDING OF IIEIRS: This Agreement shall be
binding and shall enure to the benefit of the parties hereto and
their respective heirs, executo::,s, administratol"S, successors and
assigns.
19. INTEGRATION: This Agreement constitutes the entire
understanding of the parties and 6upenledes any and all prior
agreements or negotiations between them. There are no
representations or wan'anties other than those expressly set
forth herein.
20. SEVERABILITY: If any te.m, condition, clause or
provision of this Agreement shall be determined or declared to be
void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this
Agreement and in all other respects this Agreement shall be valid
and continue in full force, effect and operation.
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conditions ot said property Settlement Agreement which include
but are not limited to the payment by husband, petitioner herein,
to wite, the sum ot ten thousand ($10,000.00) dollars, the
transter ot certain properties consistent with paragraphs 6 ot
the Agreement, and turther undertook a course ot conduct in
turtherance of carrying out the goals and objectives and the
terms and con~itions of said Agreement.
5. The Petitioner believes and there tore avers that
the Respondent is attempting to now obviate the terms and
conditions of the Agreement as evidenced by the Answer that the
Respondent herein filed to the divorce action raising issues ot
equitable distribution, alimony pendente lite, and counsel fees,
and further, expressly in Count III, attempting to set aside the
Agreement which is set forth herein.
6. Respondent has, since the Property Settlement
Agreement, filed a spousal support action, and has also indicated
that she wants the equitable distribution ot property to occur,
which is vested in the jurisdiction of the Master of Cumberland
County.
7. Petitioner believes and there tore avers that prior
to the determination ot the appropriateness of spousal support
and prior to the matter being tiled with the Master, the Court
must determine whether or not the Property Settlement Agreement
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ROBERT L. SCHILDT,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V,
MARY E, SCHILDT,
DEFENDANT
97.4969 CIVIL TERM
IN RE: P~TITION OF PLAINTIFF TO ENFORCE
Iti~ PROPERTY SETTLEMENT AGRt:EMENT
BEFORE BAYLEY. J.
Q~INION AND ORDER OF COURT
BAYLEY, J., May 28,1998:-
Plaintiff, Robert L. Schildt, filed this divorce action against defendant, Mary E,
Schildt, on September 15, 1997, Wife filed a counterclaim seeking ~ IliA, the
equitable distribution of marital property, On March 18, 1998, husband filed a
petition for special relief to enforce a written property settlement agreement signed by
the parties on September 9,1995. Wife filed an answer In which she maintains that
the agreement should not be enforced because at the time It was executed (1) she
was not fully and fairly aware of the marital estate or her right to a fair portion of that
marital estate, and (2) she was acting under the duress of her husband which caused
her to execute an agreement which was unfair and unjust. A hearing on the merits of
the petition was conducted on April 8, 1998.
The parties were married on September 15, 1987, They separated on Auguat
21,1"8, They have two children, ages 24 and 22. Husband works out of Local 520
of the Plumbers and Pipe Fitters Union. Last year he had Income of $42,000 from
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97-4969 CIVIL TERM
that employment and from unemployment compensation during periods when he was
temporarily not assigned to jobs, Prior to marriage wife was a licensed practical
nurse, During the marriage the parties agreed that she would be a housewife,
Starting In May, 1994, however, wife started working at labor positions through a
temporary agency for $7,00 per hour.
Until August 21, 1995, the parties lived together In a jointly owned marital
residence located In Liverpool, Perry County, on tracts totalling thirty-five and one-
quarter acres. In 1994, thirty storage rental units were constructed on the property,
The parties were joint owners of three rental properties In Harrisburg, purchased In
1986, 1987 and 1968, located at 2124 North Third Street, and 2153 and 2353 Logan
Street.
Wife testified that the parties first started experiencing marital difficulties when
she was dlagno~ed with cancer near the end of 1992, Prior to that time, husband
gave her his earnings checks and she paid all the bills. Sometime In 1993, husband
stopped giving her his paychecks and took all of the checkbooks and the keys to the
Harrisburg apartments, Thereafter, he controlled all of the money. Wife was aware of
all of the properties owned by the parties, and of the mortgages on those properties,
In May, 1994, husband told wife that he wanted her to go tQ work to help pay bills,
She took an hourly labor job through a temporary agency, Wife gave most ot her
Income to husband to pay bills, Telling wite that they were now business partners,
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97-4969 CIVIL TERM
husband chose to regularly write receipts to her for that money,' Wife testified that
she let husband take over the finances as an act of submission, Husband testified
that he did not take control of all of the finances until 1995, He acknowledged that he
chose to give wife receipts for the money she contributed to the expenses of their
household ,2
Wife testified that when she came home from work on August 21, 1995, her
husband told her that on the next Wednesday she was to go to his attorney's office,
RIChard Cramer In Duncannon, and sign everything over to him, Wife asked husband
what would happen If she refused, and he became "very, very angry." That evening,
wife went to the parties' trailer located on a tract of land they owned In Hopewell
Township, Perry County, She left husband a note at the marital residence In
Liverpool:
I've moved temporarily to our trailer. We need space to think, I
did not leave you nor did the kids. We all love you but you need time to
re-thlnk what Is most Important. I am not angry or upset. Just sadl
I love you -- take care. Maybe a month alone will do us good, If
you change your mind I'll be waiting, We took only necessary Itemsl
Husband Immediately changed the locks on the marital residence and boarded
the doors so that wife could not enter. Husband stopped by the trailer a few days
later and asked wife when she was going to sign everything over to him, Wife went
to see an attorney, but the attorney would not give her legal advice because he had
1, Some of those receipts were admitted Into evidence,
2. Why, we haven't the faintest idea,
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97-4969 CIVIL TERM
done real estate work for both parties, Wife then wrote the following note on
September 1, 1995:
I, Mary E, Schildt, being 01 a sound mind this 1st day 01 September
1995 am hereby giving permission to have my name removed from all
property deeds listed below and any Insurance coverage on those
properties.
2124 North 3rd Street, Harrisburg
2353 Logan Street, Harrisburg
2153 Logan Street, Harrisburg
Residence, RD1 Liverpool
I am also giving all of my personal property, dishes, furniture, curtains,
etc, to my husband Robert L. Schildt. I am willing to remove my name
from all jointly owned vehicles. I do not want Roberts [sic] pension,
retirement, or Insurances,
Wife testified that she wrote the note because her husband told her that It was
needed by Attorney Cramer, Attorney Cramer prepared a property settlement
agreement. Without consulting an attorney, wife, along with husband, signed a
property settlement agreement prepared by Attorney Cramer at his office on
September 9, 1995, Attorney Cramer testified that he drafted the document from
terms that husband told him were agreed to by the parties, He advised wife to obtain
advice from an attorney. He told her that he was representing husband and not her,
He reminded wife that the agreement provided that she was signing over the bulk of
the parties' real estate to husband, Attorney Cramer testified that wife stated that she
wanted $10,000 to sign the agreement. Husband agreed and such a provision was
handwritten Into the agreement and initialled by the parties, The parties signed deeds
transferring to husband the thirty-five and one-quarter acre tract on which the merlta!
residence was located and the three Harrisburg rental properties, and to wife the
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97.4969 CIVIL TERM
Hopewell Township property on which the trailer was located In which she was IIvlng,~
The agreement contains a full waiver of statutory rights. In addition, a paragraph
titled Full Disclosure provides:
Husband and Wife hereby state that they have negotiated the
within Agreem.nt after full dl.clo.ure, one to the other, of all marlt.1
property, ....t.. pen.lon., debt. and flOancl.1 m.tter..
80th parties acknowledge that they fully understand the facts and
acknowledge and accept that this Agreement Is fair and equitable and
th.t It la being entered Into freely and volunt.rlly and Is not the
reault of any dure.s, undue Influ.nce, collusion or Improper or
Illegal .greem.nt or .greem.nt.. (Emphasis added,)
A paragraph titled Equitable Distribution provides:
It Is specifically understood and agreed that this Agreement
constitutes an eqUitable distribution of property, which was legally and
beneficially acquired by Husband and Wife or either of them In the
marriage, as contemplated by the, . . Divorce Code, Commonwealth of
Pennsylvania, 23 P.S, ~ 3101 m W'
Wife testified that Attorney Cramer's testimony was accurate. She testified that
she signed the agreement because husband told her that if she signed everything
over to him (1) it would show that she trusted and loved him, (2) everything would be
okay in their marriage, and (3) she could return to the marital residence. Wife further
testified that on the evening of the day she signed the agreement, husband spent the
night with her In the trailer, Thereafter, they continued their relationship although she
lived In the trailer and he lived in the Liverpool residence. Wife testified that on
3, The title to the trailer which is in the name of both parties is stili held by a
bank as collateral on the loan that the parties incurred during the marriage that wife Is
paying, Husband Is obligated to sign the title over to wife when the title Is released
by the bank.
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97.4969 CIVIL TERM
February 4, 1997, husband told her that she was greedy because she had received
$10,000 and the trailer, She told him that she would pay him back the $10,000 and
give him the trailer despite the fact that she had used the money to pay debts
Incurred while living alone. Wife testified that husband said that he wanted their
agreement to be enforced. Wife testified that she and husband continued their
relationship tl1rough September 15, 1997, when they spent the night together in a
motel. She was subsequently served with a divorce complaint that husband had
previously filed on September 12. Wife testified that it was then that she knew that he
no longer loved her,
Wife testified that when she signed the property settlement agreement she was
aware that the parties had substantial mortgages and loans; however, she did not
know the amounts, She testified that she did not know the value of the real estate or
the equity In the real estate that was transferred between the parties. She knew that
husband had a pension from his union, but she did not know Its value, Nor did she
know the value of, or the Income produced from the storage rental units located on
their Liverpool property. Those units had been constructed and rented by husband
after he took over the family finances, but before their separation, The written
property settlement agreement does not set forth the value of any marital assets or
the amount of any debt.' Wife testified that when she signed the agreement, she did
4, On June 30, 1996, the First National Bank of Newport released wife trom a
mortgage In the face amount of $125,000, and a note in the face amount of $40,000
securing the Harrisburg rental properties and the Liverpool property.
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97-4969 CIVIL TERM
not tell Attorney Cramer that she believed that there would be a reconciliation In her
marriage, She testified that she was not afraid of husband when she signed the
agreement, but she was leery of him.
Husband testified that when he Initially talked to wife In August, 1995, about
entering Into a separation agreement, she told him that she wanted $25,000 and the
removal of her name from all of the properties. He offered her $10,000, She told him
that she would contact him later, Subsequently, she told him she would accept
$10,000, He borrowed the $10,000 from a bank to pay hor, Husband denied telling
wife to write the note of September 1, 1995, He testified that he does not know how
that note came about. He denied telling wife that the marriage would get better If she
signed the agreement. He acknowledged changing the locks on the marital
residence after August 21, 1995,
In analyzing the validity of a post-nuptial property settlement agreement, the
same principles of law are used as are applicable to antenuptial agreements. Adam.
v. Adam., 414 Pa, Super. 634 (1992). In Simeone v. Simeone, 525 Pa, 392 (1990),
the Supreme Court of Pennsylvania narrowed an earlier plurality decision, In re
Eatate of Gey.r, 516 Pa. 492 (1987), stating:
[GJeyer and its predecessors embodied substantial departures from
traditional rules of contract law, to the extent that they allowed
consideration of the knowledge of the contracting parties and
reasonableness of their bargain as factors governing whether to uphold
an agreement. Traditional principle. of contr.ct law provide
perfectly adequate r.medl.. where contract. are procured througt.
fraud, ml.r.pr..ent.tlon, or dur.... Consideration of other factors
such as the knowledge of the parties and the reasonableness of their
.7.
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97-4969 CIVIL TERM
bargain, Is Inappropriate. Prenuptial agreements are contracts, and, as
such, should be evaluated under the same criteria as are applicable to
other types of contracts, Absent fraud, misrepresentation, or duress,
spouses should be bound by the terms of their agreements,
Contracting parties are normally bound by their agreements,
without regard to whether the terms thereof were read and fully
understood and Irrespective of whether the aQreements embodied
reasonable or good bargains, See Standard VeneUan Blind Co. v.
American Empire Insurance Co., 503 Pa, 300, 305, 469 A,2d 563, 566
(1983) (failure to read a contract does not warrant avoidance or
nullification of Its provisions); Estate of Brant, 463 Pa, 230, 235, 344
A.2d 806, 809 (1975); Bollinger v. Central Pennsylvania Quarry
Stripping & Construction Co., 425 Pa, 430, 432,229 A,2d 741, 742
(1967) ('Once a person enters Into a written agreement he builds around
himself a stone wall, from which he cannot escape by merely asserting
he had not understood what he was signing.'); Montgomery v. Levy,
406 Pa, 547, 550, 177 A,2d 448, 450 (1962) (one Is legally bound to
know the terms of the contract entered). Based upon these principles,
the terms of the present prenuptial agreement must be regarded as
binding, without regard to whether the terms were fully understood by
appellant. Ignorantia non excusat. (Citations omitted.) (Emphasis
added,)
* * *
In discarding the approach of Geyer that permitted examination of the
reasonableness of prenuptial agreements and allowed Inquires (sic] into
whether parties had attained informed understandings of the rights they
were surrendering, we do not depart from the longstanding principle
that a full and fair disclosure of the financial posltlona of the partlea
la required. Abaent this dlaclosure, a material mlarepreaentatlon In
the Inducement for entering a prenuptial agreement may be
aaserted. (In re Eatate of Hlllegasa, 431 Pa. 144, 152-53, 244 A.2d
672, 676.77 (1968).] Parties to these agreements do not quite deal at
arm's length, but rather at the time the contract Is entered Into stand In a
relation of mutual confidence and trust that calls for disclosure of their
financial resources. Id. at 149, 244 A.2d at 675; Gelb Eatate, 425 Pa.
117, 120, 228 A.2d 367, 369 (1967). It la well aettled that thla
dlscloaure need not be exact, so long aa It la 'full and fair.'
Kaufmsnn Estate, 404 Pa, 131, 136 n, 8, 171 A.2d 48,51 n. 8 (1961),
In essence therefore, the duty of disclosure under these circumstances
Is consistent with traditional principles of contract law, (Emphasis
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97-4969 CIVIL TERM
added.)
. . .
If .n .gr..m.nt provld.. th.t full dl.clolur. h.. beln m.d., .
pr..umptlon of full dl.clo.ur. .rl.... If. .pou.. .tt.mpt. to r.but
thl. pr.lumptlon through an .11.rtlon of fraud or mllr.pr...nt.tlon
thIn thla pr..umptlon cln b. r.butted If It II prov.n by cl.ar .nd
convincing .vld.nce. Hllleg...,431 Pa, at 152.53, 244 A,2d at 676-
71. (Emphasis added,)
In Morm.Uo v. Morm.Uo, 682 A,2d 824 (Pa, Super. 1996), the facts as set
forth by the Superior Court of Pennsylvania were:
Appellant, Elaine Mormello, and appellee, Michael Mormello, were
married on May 17, 1964, They have four children, all of whom are now
emancipated, During the marriage, the wife worked as a management
assistant for the Navy Yard for nine years but also contributed to the
household as a homemaker, The wife's only source of Income Is her
$546,00 monthly Social Security Disability Benefit which she receives
because she has a form of Muscular Dystrophy.
The husband worked for the City of Philadelphia as a pollee
officer for almost the entire term of the marriage, The husband currently
receives a pension In the amount of $1,500.00 a month from the City of
Philadelphia, and he is presently employed with the Pennsylvania
Attorney General's Office earning an annual salary of approximately
$33,000.00.
In April of 1993, after nearly twenty-nine years of marriage, the
husband stopped sleeping at the marital residence, and the parties
effectively separated, On October 25, 1993, the husband visited his wife
at his daughter's house where the wife was babysitting their twin one-
year,old grandchildren, The husband presented the wife with a twelve
page, type-written Property Settlement Agreement which an attorney had
prepared for and explained to the husband, The husband told the wife
to sign the agreement, and when the wife asked if she could read It, the
husband responded negatively and told the wife that he had to get to
work. When the wife asked the husband what the agreement said, he
told her that it only said that she would receive the house and the car
and that he would continue to pay for them. The husband failed to
mention anything about the wife's relinquishing all of her rights to the
remaining marital property, The husband was only in the house for
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97-4969 CIVIL TERM
somewhere between five and twenty minutes, With one grandchild in
her arms and another walking about the room, the wife signed and
Initialed but did not read the Property Settlement Agreement. After the
husband's abrupt departure, the wife was not even left with a copy of
t~e agreement, and she would not receive one for several days,
The Property Settlement Agreement provided that the husband
will continue to make monthly mortgage and car payments and will
transfer the titles of the home and car to the wife, The monthly
mortgage payment on the house is $888.00. The wife's insurer, CUNA
Mutual Insurance Society, pays $833,33 of the monthly payment, so the
husband's monthly mortgage payment Is $54,67, CUNA will continue to
make the payment so long as the wife's disability, which Is permanent,
lasts,
The Property Settlement Agreement also provided that both
parties waive any claims against the other, This provision waives the
wife's claim to the largest asset of the marriage, the husband's
$300,000,00 pension, Finally, the terms of the Property Settlement
Agreement provided that '[tlhe parties warrant and represent that they
have made a full and fair disclosure of all assets prior to the execution of
this agreement'
In Mormello, wife flied an appeal from a decision of the trial court enforcing
the property settlement agreement The Superior Court stated:
there Is no merit to the appellant-wlfe's claim that the Property
Settlement Agreement is not valid because the husband allowed her little
time to read the agreement and no time to take It to an attorney. The
trial court's order of July 18, 1995 found that the wife knowingly and
Intelligently signed the agreement In the absence of duress, fraud, or
misrepresentation. Because the wife voluntarily signed a properly
constructed Property Settlement Agreement, she Is not entailed to relief
from the agreement on that basis,
Wife also challenged the agreement on the basis that she did not receive full and fair
disclosure of her legal rights under the Divorce Code, The Superior Court noted that
"[F]or a Post-nuptial Property Settlement Agreement to be valid, there must be
evidence that the parties are aware of the statutory rlghts they are relinquishing," The
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97.4969 CIVIL TERM
Superior Court concluded that the agreement contained a full and fair disclosure of
wife's statutory rights. Wife further claimed that the agreement failed to make full and
fair disclosure of the parties' worth, The Superior Court noted that absent such a
disclosure, a material representation In the inducement for entering Into a post-nuptial
agreement may be asserted, Citing Adame v. Adame, eupra, and Nigro v. Nigro,
371 Pa, Super, 625 (1998), the court stated that there is full and fair disclosure at the
time an agreement Is executed If wife was sufficiently Involved in husband's financial
affairs for the court to determine that she was fully and fairly aware of the marital
estate, In Mormello, the Court held that the facts and circumstances did not
demonstrate that wife was fully aware of the marital estate, The Court concluded that
(1) "[t]he wife expressed no knowledge, , . as to the husband's monthly pension
payments or his gross salary from the attorney general's office," (2) the property
settlement agreement obscured the general financial resources of the parties, (3)
there was no mention In the agreement of the amount and duration of the monthly car
payments for which husband was responsible, (4) there was a failure to state the
value of husband's pension, which was the greatest asset of the marriage, and the
wife's disability payments, and (5) the only valuation to be found in the agreement
was the $65,000,00 remaining on the mortgage on the house which did not
accurately reflect husband's monetary obligation to wife, The Court further noted that
the agreement was Invalid because, although husband claimed that he would pay the
remaining mortgage on the marital home, wife's insurance paid $833,33 of the
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97-4969 CIVIL TERM
$888,00 monthly payment. The Superior Court concluded:
The facts and circumstances In this case Indicate that the appellant-wife
did not receive full and fair disclosure of the appellee-husband's worth
and that the Postnuptial Property Settlement Agreement obscured the
general financial resources of the parties, Unlike the appellant-wives In
Adams v. Adama, supr., and Nigro v. Nigro, .upr., the wife In this
ca.e did not have sufficient knowledge of her husband's financial
situation for there to h.ve been full and fair dl.clo.ure at the time
the partlss executed the agre.ment. The vagueness of the agreement
Itself did not help to Inform the wife as to the financial situation of the
parties and, actually further obscured the financial situation, (Emphasis
added,)
Accordingly, the Superior Court reversed the trial court, declaring the property
settlement agreement Invalid and granting wife's petition for special relief,
DISCUSSION
Based on the legal standards set forth In Simeone and Mormello, we will
examine wife's claims in the case lYQ Iud Ice, Wife maintains that she was not aware
of her right to a fair proportion of the partlas' marital estate. That claim cannot
provide her relief, The fact that she did not consult with an attorney, even at the
urging of her husband's attorney, to learn what her rights were before she signed the
property settlflment agreement on September 9, 1995, does not afford her a legal
basis of relief.
Wife's claim that she was not fully aware of the marital estate at the time she
signed the property settlement agreement on September 9, 1995, is another matter,
The parties' agreement set forth that they "[hJave negotiated the within Agreement
after full disclosure, one to the other, of all marital property, assets, pensions. debts
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97.4969 CIVIL TERM
and financial matters." While wife knew what the assets of the parties were and that
there was debt, she maintains that she did not know the value of those assets or the
amount of the debt; therefore, she was not aware of the equity In the assets at the
time she signed the agreement. Those were "financial matters" between the parties,
Because the agreement contains a full disclosure clause, there is a presumption of
full disclosure, To prevail, wife must rebut the presumption by clear and convincing
evidence.
The equitable distribution clause in the agreement provides that the agreement
constitutes a settlement of all property which was legally and beneficially acquired by
the parties during their marriage, This includes their real estate and personal
property, as well as that portion of husband's pension which accrued during the
marriage until separation, and the storage rental business which husband started the
year before their separation. Full and fair disclosure of the financial position of the
parties is required before the agreement can be upheld. Such disclosure need not
be exact so long as It Is full and fair. We are satisfied that wife has rebutted the
presumption that there was a full and fair disclosure of the parties' "financial matters"
before she signed the property settlement agreement on September 9, 1996,
Husband offered no testimony whereby we could conclude that (1) wife was aware of
the value of the marital real llstate, (2) the amount of debt, (3) the value of the marital
portion of his pension, (4) the value of the storage rental business, and (5) the
income produced by that business. There is no credible evidence whereby we can
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97-4969 CIVIL TERM
conclude that wife knew of those values even though she need not have known the
exact values at the time she signed the property settlement agreement. Husband
suggests that there was full and fair disclosure of the parties' "financial matters"
because wife took care of the family finances before he took those responsibilities
from her. We accept wife's testimony that husband removed her from handling the
parties' finances In 1993, Husband built the storage rental units and started that
business In 1994, Wife never had any knowledge as to the marital value of husband's
pension. We are satisfied that as to the real estate holdings, wife did not have
sufficient knowledge as to the equity In the properties when she signed the property
settlement agreement on September 9, 1995,
Based on all of these factors, we find by clear and convincing evidence that
wife has rebutted the presumption that there was full and fair disclosure of the parties'
"financial matters" at the time she signed the property settlement agreament. Since
this finding alone requires that we dismiss husband's petition to enforce the marital
settlement agreement, we need not address wile's claim that she was acting under
the duress of her husband and that he made misrepresentations to her which caused
her to execute the agreement.
ORDER OF COURT
AND NOW, this -Zb day of May, 1998, the petition of plaintiff to enforce a
property settlement agreement dated September 9, 1995, IS DENIED.
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ROBERT L. SCHILDT, , IN THB COURT OF COMMON PLEAS
, CUMBERLAND COUNTY, PENNSYLVANIA
plaintiff, ,
v. , NO. 4969 - 97
I
, CIVIL ACTION - LAW
MARY B. SCHILDT, I
I IN DIVORCE
Defendant.
.~IC. O. -.PaaL
NOTICE IS HEREBY GIVEN that the Plaintiff, ROBERT L.
SCHILDT, hereby appeal. to the superior Court of Pennaylvania
froa the Order entered in thia aatter on the ~6th day of May,
1998. Thi. Order has been entered in the docket aa evidenced by
the attached copy of the docket entrie..
Respe:t~tt.d,
...clt~Y
6Z:rr.;;;:.r. loquin
I.D. #23103
~233 North Front Street
Harriaburq, PA 17110
(717) ~34-7051
Attorney tor Plaintiff
DATil t-/~~/'I8
-;, I
'IJ
PYS510
1997-04969
cw~rland County Prothonotar~ Office page
Civil Case Inquiry
SCHILDT ROB~~T L (VS) SCHILDT MARY E
1
Reference No..: Filed........1 9/15/19~7
Call8 Type.....: COMPLAINT - DIVORCE Time. .1"....: 0/ 018181 ~
Judgment.. . . . . . : .00 Execut on Date 8 I
Judge Assigned: BAYLEY EDGAR B Sat/DiB/Gntd.. 0/ 0/
Jur~ TriaL...
Hi~ er Court 1
Hi er Court 2
**.........................................**.......... ........................
General Index Attorney Info
SCHILDT ROBERT L PLAINTIFF BACH JAMES M
POBOX 205
LIVERPOOS PA 17045
SCHILDT MARY E DEFENDANT THOMAS R MARK
BOX 12 S FREDERICK STREET
MECHANICSBURG PA 17055
.........**..............................**...............................**....
* Date Entries *
..........................................................**............**......
COMPLAINT - DIVORCE
PLAIN~IFF'S AFFIDAVIT UNDER SECTION 3301iDl
DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE
CODE
PRAECIPE FOR ENTRY OF APPEARANCE FOR DEFENDANT BY R MARK THOMAS ESQ
ANSWER AND COUNTERCLAIM ANSWER TO COMPLAINT IN DIVORCE
ADDITIONAL COUNT - E8UITABLE DISTRIBUTION
ADDITIONAL COUNT - C UNSEL FEES COSTS AND EXPENSES
MOTION FOR APPOINTMENT OF MASTER BY P RICHARD WAGNER ESO FOR PLFF
ORDER OF COURT APPOINTING E ROBERT ELICKER ESO AS MASTER
PETITION FOR SPECIAL RELIEF AND ENFORCEMENT OF A PROPERTY
SETTLEMENT AGREEMENT
ORDER - DATED 3/18/98 - IN RE PETITION FOR SPECIAL RELIEF AND
ENFORCEMENT OF A PROPERTY SETTLEMENT AGREEMENT - RULE IS ISSUED
UPON DEFENDANT RETURNABLE 4/8198 3 PM CR 2 - BY EDGAR B BAYLEY J -
NOTICE MAILED 3/19/98
OS/27/98 OPINION AND ORDER OF COURT - DATED 5/26/98 - IN RE PETITION OF
PLAINTIFF TO ENFORCE THE PROPERTY SETTLEMENT AGREEMENT - DENIED -
BY EDGAR B BAYLEY J - COPIES MAILED 5/27/98
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* Escrow Information *
* Fees & Debits Bea Ed Pvmts/Ad1 End Bal *
.....***.*.......*..*..,*.**..*.f.....*..~...**.,.***...........*...........***.
~9/15/97
18~~3~H
l8~8HH
12/24/97
02/23/98
03/10/98
03/18/98
DIVORCE
TAX ON CMPLT
SETTLEMEN'l'
MASTER'S FEE
DIV PA SURCHG
JCP FEE
ADD'L COUNTS
JCP FEE
JCP FEE
.00
:88
:88
:88
:88
35.00 35.00
.58 .50
5.0 5.00
125.00 125.08
10.00 10.0
2S:88 2S:88
5'80 5.00
5. 0 5.00
------------------------ ------------
210.50 210.50 .00
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* End of Case Information *
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INDEX TO WITNESSES
FOR THE PLAINTIFF DIRECT CROSS REDIRECT RECROSS
1. Richard Scott Cramer 5 15 18
2 . Robert L. Schildt 20 32 47
FOR THE DEFENDANT
1. Mary E. Schildt 50 n -- --
2
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1 April 8, 1998, 3:16 p.m.
2 carlisle, Pennsylvania
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4 (Whereupon, the following proceedings
5 were held:)
6 (Whereupon, Petitioner's Exhibit No. 1
7 and 2 were marked previous to hearing.)
8 THE COURT: What is before me?
9 MR. WAGNER: Thin afternoon there is a
10 petition for a rule filed by Mr. Schildt, who I reprosent,
11 to Bhow cause why the agreement of september 9th, 1995,
12 should not be upheld as a valid agreement. It is a property
13 settlement agreement.
14 THE COURT: She maintains it should not be?
15 MR. THOMAS: Pardon me, Your Honor?
16 THE COURT: She maintains that it should not
17 be upheld as the property settlement agreement?
18 MR. THOMAS: That's correct, Your Honor.
19 THE COURT: We will take the evidence.
20 MR. WAGNER: Call Scott Cramer to the witness
21 stand.
22 Whereupon,
23 RICHARD SCOTT CRAMER,
24 hAving been duly sworn, testified as follows:
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DIRECT EXAMINATION
BV MR. WAGNER:
Q Would you tell the Court your full name,
please.
A Richard Scott Cramer.
Q And, Mr. cramer, do you have a professional
address, please?
A I do, 5 South Market street, DUllcannon,
Pennsylvania.
Q Would you tell the Court your educational
background, first of all, your college degree from where and
when?
A I have a Bachelor of Arts Degree from
Muskingum College in Ohio in 1970. I have a J.D. Degree
from John Marshall Law School in 1976 from Chicago,
Illinois.
Q Are you licensed to practice in the
Commonwealth of Pennsylvania?
A I am.
MR. THOMAS: I will stipulate to his
qualifications as a practicing attorney in Pennsylvania.
THE COURT: So stipulated.
MR. WAGNER: Thank you.
BY MR. WAGNER:
Q In addition to being a private attorney, do
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1 you also hold public office?
2 A I do.
3 Q What ia that, please?
4 A The District Attorney of Perry County.
5 Q How long have you been the District Attorney
6 in Perry county?
7 A Fifteen years.
8 Q Is your private practice and the District
9 Attorney's Office position being part-time?
10 A It is.
11 Q So you do private practice in addition to
12 being the District Attorney?
13 A I do.
14 Q I direct your attention to September of 1995,
15 and I will ask you, did you have occasion to come into
16 contact with Robert Schildt and Mary Schildt, his wife?
17 A I did.
18 Q Would you tell the Court the first contact
19 that you recall?
20 A I was contacted by Mr. Schildt in reference
21 to a divorce and prop~rty settlement agreement, division of
22 some real estate.
23 Q Did Mr. Schildt discuss with you what he
24 thought the understanding of the parties was?
25 A He did.
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Q And as a result or that, did you prepare a
drart or the property settlement agreement?
A Yes, sir.
Q This has been previously marked aa
petitioner's Exhibit No.1, and I'll ask you, does this
appear to be the property settlement agreement that you
drarted as a result of your contact with Mr. Schildt?
A Yes, sir.
Q subsequent to the drarting of that particular
agreement, did Mr. and Mrs. Schildt come to your office?
A They did.
Q And would you tell the Court was that
September 9th, 1995?
A Apparently that's the date of the property
settlement agreement.
Q And did both of them appear in your private
orfice?
A They did.
Q Did you discuss the content of the property
settlement agreement with both Mr. and Mrs. Schildt?
A I discussed the contents or the property
settlement agreement on that and at least one other
occasion.
Q Do you recall the other oocasion?
A Frankly, I don't. I don't recall.
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Q And are you saying you discussed it with both
of them on at least two occasions prior to signing it?
A That's correct.
Q Was there any recommendation you made to Mrs.
schildt as a result of this property settlement agreement?
A Yes, I advised her to seek independent
counsel.
Q Why did you do that?
A I believed that it was in her best interest
to seek independent counsel. It was my understanding that
Mr. Schildt was obtaining a substantial amount of real
estate versus Mrs. Schildt who was obtaining, I believe, the
marital residence or a residence and some property. I
advised her on several occasions that she ought to seek
independent counsel.
Q Did you make reference in that property
settlement agreement at some point to the fact that you 80
advised the wife to seek independent counsel before signing
the agreement?
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Q
I think so.
Could you take time to look through that
agreement.
A Yes, sir.
Q And indicate what paragraph that i8.
THE COURT: Lead him, if you know.
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MR. WAGNER: He's got mine.
THE COURT: Okay.
THE WITNESS: Paragraph 16.
BY MR. WAGNER:
Q Now, I want to direct your attention to the
paragraph, sir -- first of all, would you read 16 as it
relates to what it says concerning Mrs. Schildt?
A As to Mrs. Schildt, there is a second
paragraph within paragraph 16. That paragraph reads as
follows, quote, "It is understood and wife expressly
acknowledges that R. Scott Cramer, Esquire, is exclusively
rep~esenting the interests of Robert L. Schildt. Wife
hereby rejects the advice of Mr. Cramer to retain her own
counsel.", end quote.
Q Did you discuss that specific term with her?
A Yes, I did.
Q Now, I want to direct your attention, please,
to paragraph 6 on page 2 and also at the top of page 3.
A Yes, sir.
Q Paragraph 2 deals with real estate, does it
not?
A Paragraph 6 on page 2?
Q Six, I'm sorry.
A Yes.
Q I'm going to show you the rough draft of the
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1 agreement versus the actual agree~en~ that was signed, and I
2 want to direct your attention to paragraph 6, page 2 and
3 page 3.
4 A Yes, sir.
5 Q Does the agreement that is signed contain
6 something in addition to what the rough draft provided?
7 A It does.
8 Q And what is that addition that's included in
9 the agreement?
10 A There is a separate one sentence paragraph
11 printed, it's my printing, I recognize the printing, and
12 it's labeled 6a and it reads as follows.
13 Q Please read it.
14 A Quote, "wife acknowledges receipt of the sum
15 of $10,000.00 cash from husband at the time of signing of
16 this agreement.", end quot.e,.
17 Q And is it initialed by the two parties?
18 A It is.
19 Q Now, that particular handwritten notation,
20 6a, did not appear in the original draft, did it?
21 A No, it did not.
22 Q Do you know then was it Mrs. Schildt that
23 insisted on adding that additional paragraph?
24 MR. THOMAS: I'm going to -- I didn't hear
25 the question. Would you restate the question?
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1 BY MR. WAGNER:
2 Q Do you know if Mrs. Schildt aeked to have
3 that additional paragraph added?
4 A I have to assume so, yes.
5 MR. THOMAS: Well, I'm going to object.
6 That's not the answer to the question.
7 THE COURT: I will take it for what weight it
8 is worth.
9 BY MR. WAGNER:
10 Q Was that paragraph added before Mrs. Schildt
11 would sign this agreement?
12 A Oh, yes.
13 Q And as a result of adding that paragraph, and
14 I believe you said you advised her on at least two occasions
15 to seek counsel, what did Mrs. Schildt do with the
16 Petitioner's Exhibit No.1?
17 A After we -- after I printed in the additional
18 paragraph and it was initialed, she then signed the
19 agreement.
20 Q Would you look to the end of the agreement
21 for us, please.
22 A Yes, sir.
23 Q And there appears to be two signatures of Mr.
24 and Mrs. Schildt and this to the left as a witness it
25 appears the name of R. Scott Cramer as to both. Is that
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1 your signature?
2 A It is.
3 Q Does that indicate that you witnessed both
4 Mr. and Mrs. Schildt sign this agreement?
5 A Yes, sir.
6 Q Now, there appears to also be two addendums
7 that are releases trom personal property that each party
8 signed, and apparently they executed these back in June ot
9 19 -- they executed these later in June of 1996.
10 A It so indicates.
11 Q Now, Mr. Cramer, when Mrs. Schildt was in
12 your office and signed that agreement, did she indicate to
13 you or express to you any concern about not signing the
14 agreement?
15 A She did until the sub-paragraph 6a was
16 initialed in by me.
17 Q Did Mrs. Schildt appear to you or give you
18 any indication that she was under any kind at undue
19 influence or coercion or that she was in some state at mind
20 other than being there tor purposes ot signing the
21 agreement?
22 A She did not. It she had, I wouldn't have had
23 her sign the agreement.
24 Q Now, the agreement provided tor the transfer
25 ot several deeds tram Mr. and Mrs. Schildt to Mr. Schildt,
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1 do they not?
2 A It did.
3 Q These are the original deeds, so I'm just
4 going to make reference to them. They are all dated the 9th
5 of september of 1995, and they appear to be deeds from
6 Robert Schildt and Mary Schildt to Robert Schildt. The
7 first one dated 9 September '95 recorded in the book of
8 Recorder of Deeds Book 2522, page 071, in Perry County, and
9 there appears to be the signature of Mr. and Mrs. Schildt on
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16 1995, between Robert and Mary Schildt, grantee Robert
17 Schildt, recorded in Book 2522, Page 067, Office of Recorder
18 of Deeds of Perry County.
19 MR. THOMAS: In order to expedite this
20 matter, we will stipulate that those deeds were executed by
21 both the parties, and they were executed for the purpose of
22 complying with the terms of the agreement.
23 THE COURT: Okay. So stipulated. How many
24 deeds were executed?
25 MR. WAGNER: There were five.
this deed. Did they sign those deeds on the same day in
your office?
A Yes, sir.
Q And was this deed recorded?
A It was.
Q A second deed, same date, September 9th,
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1 THE COURT: Five of them?
2 MR. WAGNER: Yes.
3 THE COURT: Was the date ot that agreement,
4 the actual agreement, 9/19 or 9/9?
5 MR. WAGNER: 9/9.
6 BY MR. WAGNER:
7 Q Now, one of the provisions of the agreement,
8 was it not, that Mrs. Schildt was to get a deed to property?
9 A That's correct.
10 Q Did you on November 21st, 1995, send to Mrs.
11 Schildt the deed for the property that was located in
12 Hopewell Township that she was supposed to get?
13 A Yes, I did.
14 Q Is that a copy of the cover letter to Mrs.
15 Schildt?
16 A It is.
17 Q Mr. Cramsr, was there any indication given to
18 you on the 9th ot September prior to the execution of this
19 agreement that either party was not fully disclosing all of
20 the assets that each had to the other, or was there any
21 indication that any party lacked information necessary to
22 sign that agreement?
23 A There was rlO indication that anyone was
24 withholding knowledge of a~sets, Mr. Wagner.
25 Q As a standard property settlement agreement,
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you placed in that agreement, did you not, that both parties
acknowledged a full disclosure of all assets and liabilities
regarding the other?
A That's my standard practice, and I assume
there is a clause in here to that effect.
MR. WAGNER: Thank you. cross-examine.
CROSS EXAMINATION
BY MR. THOMAS:
Q Do you have a copy of the agreement there in
front of you?
A I do.
Q Would you take a look at paragraph 13.
A Yes, sir.
Q paragraph 13 indicates that there was full
disclosure as to the marital assets, is that correct?
A That's what it indicates, yes, sir.
Q Now, I don't see anywhere in paragraph 13,
but correct me if I'm wrong, is there anything in there that
indicates a full disclosure of Mrs. Schildt's rights under
the Divorce Code with regard to equitable distribution?
A Not specifically as to that, no.
Q And is there any other portion of this
written agreement wherein it states that she was advised of
her marital rights with regard to equitable distribution?
A I don't think so.
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pension?
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1 met with Hr. Schildt?
2 A I have to assume so, but I don't have recall
3 of that.
4 Q Well, isn't it true that Mr. Schildt is the
5 one who divulged to you the terms of the agreement and asked
6 you to prepare the agreement?
7 A He did.
8 Q Do you recall requesting Mr. Schildt to
9 obtain a letter from Mrs. Schildt with regard to her
10 understanding of the agreement?
11 A I don't know that I requested that.
12 (Whereupon, Respondent's Exhibit No. 1
13 was marked for identification.)
14 Bll MR. THOMAS:
15 Q Mr. Cramer, I'm ehowing you what has just
16 been marked as Defendant's Exhibit No.1. Have you seen
17 that document before?
18 A lles, I have.
19 Q When is the first time you saw that?
20 A I have to assume it was sometime between
21 september 1st, the date of this document, and the date ot
22 the final agreement, September 9th.
23 Q And do you recall Mr. Schildt bringing that
24 document into your office and showing it to you?
25 A No, I don't recall that.
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1 Q You don't recall who gave you that document
2 then to look at?
3 A No, I don't.
4 Q Your agreement and your testimony here i.
5 that you advised Mrs. Schildt to go see an attorney. Is
6 that because the terms of the agreement seemed unfair to
7 you?
8 A I don't know that it seemed unfair. It
9 seemed the bulk of the real estate was going to Mr. Schildt.
10 MR. THOMAS: I have no further questions for
11 Mr. Cramer.
12 REDIRECT EXAMINATION
13 BY MR. WAGNER:
14 Q Would you take a look, please, at paragraph
15 21 of the signed agreement.
16 A Yes, sir.
17 Q It would be on the page before signature.
18 A Yes, sir.
19 Q Does paragraph 21 answer Mr. Thomas's
20 question where you had the parties sign a provision that
21 they did, in fact, acknowledge the disagreement was ~~
22 constituted the equitable distribution x'ights that the
23 parties had?
24 A That's what paragraph 21 indicates.
25 Q Now, after having looked at paragraph 21, and
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agreement?
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1 questions.
2 MR. THOMAS I No recross.
3 THE COURT: Sir, you are excused.
4 THE WITNESS: Thank you.
5 MR. WAGNER: Is there any need to keep Mr.
6 Cramer or may he be excused?
1 THE COURT: We should keep him for general
8 purposes, but I will let him get out of here.
9 MR. WAGNER: Call Robert Schildt to the
10 stand.
11 Whereupon,
12 ROBERT L. SCHILDT,
13 having been duly sworn, testified as follows:
14 DIRECT EXAMINATION
15 BY MR. WAGNER:
16 Q Tell the Judge your full name and address,
11 please, sir.
18 A Robert L. schildt, address is P.O. Box 205,
19 Liverpool.
20 Q Are you married to Mary Sohildt?
21 A Correct.
22 Q In september of 1995, did you and Mary come
23 to separate, did you separate yourselves?
24 A Correct.
25 Q Where were you living before you --
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A We separated before that.
Q When did you separate?
A It's on that note. August something.
Q I'm going to show you what appears to be a
handwritten note. What.'s the date on that note?
A August 21st, 1995.
Q Now, your wife's name is Mary. How is that
document signed?
A Her nickname is Mickey.
Q And is it signed Mickey?
A It's signed Mickey.
Q And, basically, is she telling you in that
August 21st note that she has separated from you?
A Yes.
MR. THOMAS: Is that -- let me see that.
BY MR. WAGNER:
Q Now, at some point in time did you discuss
with Mary a proposal to divide the property that you and she
had?
A Up before -- even Defore this situation's
come about, there was arguing and disagreeing. Why don't we
just take everything, I'll put all of the stuff out in the
yard, and we'll sell everything, we'll payoff all of the
mortgages that we owe, and I'll split it 50/50.
Q And did you discuss things like that with
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her?
A She went to 0 lawyer. She went to work.
whot happened when she went to work ~nd she come back and
she said, well, I saw a lawyer and I'll get 75 percent.
Q Did you then make some kind of offer to her
as a result of, A, your discussions, and, B, her response to
you that she saw a lawyer at work?
A Yes. I asked her, well, how much do you want
to have your name taken off of the property?
Q And what did she tell you?
A She said I want 25,000.
Q And what did you say to that?
A I don't have 25,000.
Q Did you have further discussions?
A I went to work.
Q Did you have discussions after the 25,000
offer?
A Yes. When I come .back from work a couple
days later, I said to her, I said, how about if I give you
10,000 and the property in Hopewell Township, the trailer,
I'll give you that.
Q And did she as a result of that give you a
note? You'l~ have to answer yes or no.
A Yel'l.
Q I'm showing you a little blue piece of. paper
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in handwriting addressed to you, signed by Mickey. First of
all, is that your wife's handwriting?
A Yes.
Q Read to the JUdge what that note says.
A I'm seriously considering your offer. This
is probably the best way, Mickey.
Q And is that your wife's handwriting?
A Yes.
Q And was she referring, to the best of your
knowledge, to the offer of 10,000 and Hopewell Township?
A Yes.
Q As a result of this response from her, what
did you do?
A I contacted Scott Cramer and told him --
well, I'm pretty sure we must have had a meeting, but I told
him what was taking place and what we wanted to do. And he
was on the Board for the First National Bank who has the
mortgage and everything else under the sink, and so he drew
up the paperwork.
Q I'm going to show you what's been marked as
Petitioner's Exhibit No.2, which will be the same as
Defendant's Exhibit No.1. It's a letter dated the 1st of
September of 1995. Is that your wife's signature on that
letter?
A Yes, it is.
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1 Q Did she give you this letter?
2 A I don't know. I really don't know.
3 Q Do you know the circumstances around getting
4 this letter?
5 A I don't know that she left it at the house or
6 she gave it to Scott. I don't remember.
7 Q But that is her signature?
8 A That is her signature.
9 Q Did you draft the letter and have her sign
10 it? Who actually drafted the letter?
11 A No, I had no parts of that letter outside of
12 getting it.
13 Q And you got it somehow, you're not sure
14 whether it was given to Mr. Cramer or left for you?
15 A She left it, the one note there. She gave me
16 something, but I don't know what it was. If that was that,
17 I don't know.
18 Q Now, as a result of your discussions with
19 your wife, the note of September 1st, '95, did you have Mr.
20 Cramer draw up a draft agreement?
21 A Yes. Well, he drew it up.
22 Q That's what I meant. Mr. Cramer drew it up?
23 A Yes.
24 Q Was that draft agreement sent to you sometime
25 in the beginning of September of 1995?
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MR. THOMAS: Your Honor, I'm going to -- I'm
going to object to the leading questions here.
THE COURT: Overruled. That is an innocuous
question.
BY MR. WAGNER:
Q Was this draft sent to you sometime between
September 1st and September 9th?
A Yes.
Q It has writing on it that says rough draft.
Whose is that?
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this in it?
to me.
This is roughly what -- well, do you want
I said, well, yeah, I guess. That lOOKS good
Q As a result of this, do you Know if a copy of
the rough draft was sent to your wife?
A I don't Know what Scott did. I don't have no
idea.
Q Did you appear at Mr. Cramer's office on
September the 9th of 1995 with your wife?
A Yes.
Q How did you get there?
A Drove.
Q How did your wife get there?
A Drove.
Q Separate?
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A separate cars.
Q You didn't take her there?
A No, no. She drove her own car.
Q I'm going to show you what's Deen marked
Petitioner's Exhibit No.1. While at Mr. Cramer's office,
what was ultimately signed as an agreement, was that
discussed with Mr. Cramer between you and your wife?
A Scott went down each one of them and read
each one to us individually -- I mean, not individually,
each one at a time, and do you understand, do you
understand, so forth.
Q Did your wife indicate that she did not
understand?
A There is one point outside of the parts
well, part six we went back to. There is one point in there
where Scott said about the pension, annuity, and so forth.
He asked my wife, he says, now what this means is, Mrs.
Schildt, do you have a -- you work for Kodak. She worked
for Kodak at the time. He said, do you have like a 401K or
pension? She says, yes. Well, he said, the reason I put
this in is ten years down the line Mr. Schildt may decide to
sue you for some of your pension, and she no, no. So he
said, so I put it in to protect you as well as him.
Q And that was discussed in your presence?
A That's almost the exact words. I'll never
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1 forget them as long as I live.
2 Q I want to direct your attention to paragraph
3 6, page 2, the top of the page 3. Would you go to that,
4 please? There's something that appears to have been
5 handwritten there. Mr. Cramer has told us that he wrote
6 that.
7 A lie did.
8 Q Was that written in your presence?
9 A Yes.
10 Q Was it written in your wife's presence?
11 A Yes.
12 Q Tell the Judge the circumstances surrounding
13 the inclusion of that $10,000.00 term?
14 A I had to go and get equity for $10,000.00 in
15 order to give her the 10,000, and scott, which is the
16 manager for finance at First National Bank, he put it in an
17 escrow account that Scott Cramer was to take out and give to
18 the wife.
19 Mr. Cramer did not put it in the contract.
20 When he got to the last part of the contract, the wJ.fe
21 informed him that she is not going to sign anything without
22 the $10,000.00. So he had to go back and write it in, and
23 we had to initial it.
24 Q Let's explain some of the things you just
25 said. You said you had to get a loan and Scott put it in
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1 escrow. Is that the same as Scott Cramer?
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No, Scott the manager. I don't know Scott'.
3 last name.
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A
Q
That's the bAnk manager named Scott?
Yeah, the loan manager.
When Mrs. Schildt got to the end of that
7 agreement, she asked that that 10,000 insertion be put there
8 in the paragraph?
A
She said she ain't gonna sign without the
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10,000, and Scott put it in.
Q And did you initial it?
A Yes.
Q Did she initial it?
A Yes.
Q Has Mrs. Schildt received the $10,000.001
A As far as I know she did. Scott gave her a
Q
The other side has stipulated you signed five
19 deeds along with your wife at Mr. Cramer's office to
20 transfer property to you, is that correct?
21
A
No, it ain't five. No, the fifth one, the
22 traUer should have been signed over to her. There should
23 be four properties signed to me, the three apartments in
24 Harrisburg and the Liverpool property. The fourth one
25 should be the real estate in Hopewell Township. The trailer
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Q Let me clear that up because there is Hve
deeds, sir. There's 2351 Logan Street.
A 'leah.
Q There is Liverpool Township.
A 'les.
Q There is a second Liverpool Township.
A What's the second? Oh, okay, okay. That's
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names?
A It eays Robert L. and Mary E. Schildt.
Q Is there an encumbrance on that trailer?
A First National Bank of Liverpool -- of
Newport I mean.
Q So they hold the title, do they not?
A They do.
Q You've transferred the land, the bank has the
title. Are you -- what are you going to do when Mrs.
Schildt pays this mortgage off as far as the title is
concerned? Are you going to sign that to her or are you not
going to sign it?
A Whenever -- I went to Scott, the bank
manager, the finance guy, and says, Scott, how about getting
my name off of thi~ trailer because it's a burden on my
finances right now. He says, well, your wife has to come in
and take a loan out and then -- in order to get your name
off of that mortgage. She has to come in and take out a
mortgage.
Q She hasn't done that yet, has she?
A So I mentioned it to her. I asked Scott
three different times about getting this burden off my back
because it's $20,000.00 that I'm in debt that I ain't 1n
debt.
Q The trailer is still in your name and still
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1 has an encumbrance, is that correct?
2 A Yes.
3 Q When Mrs. Schildt pays off that encumbrance,
4 are you going to sign that mobile home over to her as
5 required by this agreement?
6 A Yes, or if she can do something else better
7 or faster KnOCK it out.
S Q Mr. Schildt, did you understand what you were
9 signing when you signed that agreement?
10 A Just as much as any individual not legally
11 familiar with the laws and different things of that sort.
12 Q Did you promise your wife anything other than
13 what's in that agreement if she were to sign it?
14 A 'I'he agreement pretty well made it simplified.
15 Q Did you threaten your wife or tell her you
16 w~re ~oing to do something bad to her if she didn't sign it?
17 A No.
lS Q Did your wife indicate that she was not going
19 to sign it at all except for the $10,000.00 issue?
20 A I think -- nothing.
21 Q What were you going to say?
22 A Maybe she just wanted the money.
23 Q I'm sorry?
24 A Maybe she just wanted the money.
25 MR. WAGNER: Cross-examine.
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CROSS EXAMINATION
BY MR. THOMAS:
Q You said that -- the last thing you said was
maybe she just wanted the money. Is Mary Schildt someone --
how long have you been married to her?
A '67.
Q So tor 30 years. Is she a person who goes
atter material things and hoards money?
A She went to work tor eight bucks an hour.
Q say that again.
A She went to work and was making $8.00 an
hour. I said to Mick about, you want to help out with the
bills. She says, I got to pay my own bills with my money.
Q I asked you a question. I asked you it your
wite the 30 years you have been married to her did she
exhibit to you that she is a person who is materialistic,
wants material things, and hoards money?
A How can she hoard the money when you have to
pay a mortgage. I don't know.
Q You don't know?
A No.
Q How about you, Mr. Schildt I are you into
hoarding your money?
A No.
Q Where do you work?
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1 A Right now I'm unemployed.
2 Q When did you last work?
3 A Last Friday.
4 Q Who did you work tor?
5 A McClure Company tor three week..
6 Q Are you a member of a union?
7 A Yes.
8 Q What union?
9 A 520.
10 Q What kind ot union?
11 A Plumbers and Pipe Fitters.
12 Q And haven't they consistently kept you
13 employed over the last 20 years?
14 A Last year I drew $5,000.00 in unemployment.
15 Q How much did you earn working for the pipe
16 Fitters?
17 A Last year, 42,000 -- no, plus the 5,000, so
18 it would be 37.
19 Q What do you get paid an hour when you work
20 tor the plumbers' union?
21 A Depends it it's a pinpoint job, prevailing
22 wage job or what job it is.
23 Q What is the minimum amount you get paid?
24 A Ths minimum is $13.00. The maximum is
25 $22.JO.
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Q And from 19 -- from a couple years after the
time you got married until 1994, your wife nev_r worked
outside the house, is that correct?
A Correct.
Q She was a housewife.
THE COURT: Until when did you Bay?
MR. THOMAS: 1994.
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8 BY MR. THOMAS:
9 Q And isn't it true, Mr. Schildt, that in 1994
10 that you told Mary it was about time she started helping to
11 pay for the mortgage, pay for her food, pay the utility
12 bills?
13 A I don't know about that food part.
14 Q Well, how about pay for the mortgage and pay
15 the utility bills?
16 A How about just help pay the bills.
17 Q She also had to pay you to be allowed to
18 drive in your motor home, isn't that correct?
19 A No.
20 Q She didn't have to buy gas whenever yqu took
21 her in the motor home?
22 A We split the gas bills.
23 Q So whenever the two of you went somewhere y~u
24 made her pay for half the gas, is that right?
25 A No.
, I
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A That's the only month I see listed here.
Q Well, those are your signatures on thoss
documents, correct?
A Along with July of '94.
Q And those documents -- are those documents
receipts that you gave to Mary for helping you to pay for
household bills?
A As of July of '94 the only month, yes.
Q And isn't it true that you would have also
given her receipt~ for every month between July '94 and
August 1995 when you separated as well?
A Yeah.
Q Mr. Schildt, the Hopewell Township prop6rty,
the property that Mary agreed to accept as part of the
agreement, it had a mobile home located on that property?
A Yes.
Q How much land was there that the mobile home
sat on?
A Approximately three-quarters of an acre.
Q And when was that purchased?
A '94 or '93. I don't know.
Q Just a couple years before you separated,
correct?
A Yes.
Q The marital residence which you got under the
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Liverpool.
Q
sit on?
A
Q
A
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17 BY MR. THOMAS:
18 Q Mr. Schildt, I want to show you what I marked
19 as Defendant's Exhibit No.3. Can you identify what's in
20 that photograph?
21 A Yeah, that's a storage building at the end of
22 the property, and it was built in 1994.
23 Q And also, is your residence shown in that
24 picture as well?
25 A Yes, the house right behind the storage
Q So it still contains how many acres?
A Thirty-five give or take.
Q Thirty-five give or take.
(Whereupon, Respondent's Exhibit No. 3
was marked for identification.)
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1 building.
2 Q And that storage building there, is that
3 something that you rent out storage spaces?
4 A That's the purpose of a storage building.
5 Q Okay. And how many storage units do you have
6 there?
7 A There is a number. There is 50 on the doo~,
8 but a couple of them are double units. Off the cuff --
9 Q How many are available for rent?
10 A I'm trying to think because I got four
11 delinquent, plus I have three myself, and there is a couple
12 empty. So I don't want to tell you an untruth.
13 Q There are approximately 30, 40?
14 A Thirty. No, not 40, 30.
15 Q Approximately 30 available for rent. Did you
16 discuss with Mr. Cramer when you had this marriage
17 settlement agreement drawn up the fact that you had this
18 storage unit business located on your property?
19 A Mr. Cramer, as I've mentioned, is on the
20 Board for the First National Bank.
21 Q That's /lot --
22 A When I went for the mortgage --
23 Q My question, Mr. schildt, is, did you discu..
24 it with him?
25 A I don't know. I have no idea. I can't .ay
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1 yes, I can't say no because I don't know.
2 Q And isn't it true, Mr. schildt, that you
3 alone handled all the renting and the finances connected
4 with the storage units that were located on your property
5 where your marital residence was?
6 A I hate to say this, but, no, because some of
7 the receipts for '94 has Mickey Schildt's name on them.
8 Q But sometime in 1994 you told her she was no
9 longer to be involved with the finances concerning the
10 rental units, isn't that correct?
11 A To a certain extent because I knew not what
12 was going on.
13 Q Also in 1994 you took one of the rooms in the
14 house and barricaded it and locked it up and put all of the
15 financial information concerning all of the properties owned
16 by you and Mrs. Schildt and kept that information locked in
17 a room to which you had the only key, isn't that correct?
18 A No.
19 Q If we were to take a look at the payment of
20 all of the bills prior to 1994, we would see Mickey
21 Schildt's name on the checks, wouldn't ws?
22 A If you take a look at all of the bill. from
23 '67 on, YOU'll see Mickey Schildt's name on them becau.e I
24 gave her my work check. She took care of the finance..
25 Q Up until 1994, correct?
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A Up until '94.
Q Then after 1994 you took control over all of
the finances concerning the marriage, correct?
A Correct.
Q You also told Mary to go out and get a job
and start giving you some more money because you were tired
of feeding her and clothing her, right?
A Nope, nope.
Q And did I understand you .- oh, those other
properties, those are rental properties over in Harrisburg,
right?
A Yeah.
Q And she deeded over all those properties to
you as well under the ter.ms of the agreement, right?
A Along with the mortgages and the taxes, yes.
Q And the property that was purchased in either
'93 or '94 with the mobile home on it that she got, she got
the mortgage and the taxes to go with that too, right?
A That's right.
Q The rental properties were purchased, what,
back in 19881
A '86 was the first one. '87, '88 was the
second, third.
Q And if I understand you correctly, Mr.
Schildt, Mary at the time that you were in Mr. Cramer'.
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1 office was adamant that she get $10,000.00 before she would
2 sign that agreeme/lt, i. that correct?
3 A Run that by me one more time because I did
4 not hear it all.
5 Q If I understood your testimony oorrectly,
6 when you were in Mr. Cramer's office, Mary Schildt would not
7 sign that agreement until she got her $10,000.00, is that
8 right?
9 A I will quote, I am not signing unl..s I get
10 the $10,000.00, unquote.
11 Q Isn't it true, Mr. Schildt, that Mary had
12 incurred numerous billa because she had to give you money
13 every month to pay for electricity, utilities because she
14 couldn't get a job that paid enough money?
15 A Do you have any receiptu with the six month
16 or the eight month on it?
17 THE COURT: wait. You just have to answer
18 the question.
19 THE WITNESS I No.
20 BY MR. THOMAS:
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Q You say that's not true?
A Whatever you said. What did you laY?
Q Whatevur I sdd 1s not true?
A Repeat what you aaid.
0 Isn't it true, Mr. sohildt, that Mary had to
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1 incur debt in order to pay you what you wanted her to pay on
2 a monthly basis for utilities, mortgage payments, gasoline
3 for your vehicle?
4 A No, no.
5 Q Do you recall making fun of Mary because she
6 could only get a job that paid $5.00 an hour?
7 A No.
8 0 How long had Mary worked at this Kodak plaoe
9 where she had a pension?
10 A I have no idea.
11 Q Less than a year, right?
12 A I said I don't know.
13 Q I want to show you what I previously marked
14 as Defendant's Exhibit No.1. Did you request Mary Schildt
15 to write that letter for you?
16 A I have no idea what took place in that
17 letter. How the letter come about, I have no idea.
18 0 How did you get it?
19 A I don't know. That's what I told Mr. Wagner.
20 Q You gave it to your attorney though, right?
21 A I don't know that either. I don't know if
22 Scott gave it to me or I gave it to him. I don't know if
23 she left it at the house. I have no idea.
24 Q Isn't it true, Mr. Schildt, that you told
25 Mary to write this letter?
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A No, not that it --
Q Isn't it also true --
TilE COURT: wait. 1I0ld on. I didn't hear
your. answer.
THE WITNESSI No.
BY MR. THOMAS I
Q l~n't it also true, Mr. Schildt, that you
advised Mary that you had to give her $10,000.00 because the
attorney told you thoro had to be some money exchanged in
order for the agreement to be valid?
A Nope. Ie that was true, then why didn't he
write it in there.
Q Do you reoall telling Mary that once she
signed over all of the property to you that your marriage
would get better with her and things would work out?
A No.
Q Do you recall telling her that she would be
able to move back into the marital residence with you as
BOOn as she signed that agreement?
A No.
Q I want to show you what your attorney
previously .howed you, a handwritten note from Mary dated
August 21, 1995.
^ Yes.
Q Do you recall having a conversation with your
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1 wife on that date in which you told her that the big day was
2 coming where she was going to sign over everything to you?
3 A No, no.
4 Q Do you recall you and her having a fight on
5 that particular day, August 21?
6 A No.
7 Q Why don't you read that note in its entirety
8 into the record.
9 A Well, I did. You want it out loud?
10 Q I want the entire note, not just the phrase
11 Chat you read.
12 A I didn't read any phrase. You want me to
13 read the whole thing a loud?
14 Q Yeah.
15 A August 21st, 1995, Bob, I have moved
16 temporarily to our trailer. We need space to think. I did
17 not leave you nor did the kids. We all love you, but you
18 need time to rethink what is most important. I am not angry
19 or upset, just sad. I love you, take care. Maybe a month
20 alone will do us good. It you change your mind, I will be
21 waiting, love Mickey. We took only necessary items.
22 Q And that note is dated the date of the
23 separation, is that correct? That's the date that you
24 separated, you and Mary separated from ona another?
25 A It might have been the day before. She left
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1 it when I got home from work or whatever.
2 THE COURT: How many children do you have?
3 THE WITNESS: Two children, adopted children.
4 THE COURT: What are their current ages?
5 THE WITNESS: I think the boy's 22 and the
6 girl's 24.
7 BY MR. THOMAS:
8 Q Mr. Schildt, Mary attempted to return to the
9 marital residence on August 22nd, the very next day, didn't
10 she?
11 A Not that I know of.
12 Q IBn't it true, Mr. Schildt, that you had all
13 of the locks changed so that she couldn't enter the marital
14 residence?
15 A I did not do -- I do not know if I did that
16 the next day or the following day or a week, but I did
17 change the locks later.
18 Q And you did not allow Mary then to return to
19 the house, to the marital residence after August 21?
20 A She did not take up permanent residence in
Liverpool.
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Q Is that where the trailer was?
A No, Newport is the trailer.
~ Well, I missed your answer then. What did
you say about Liverpool?
I,.'
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Q
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She did not take up permanent residence in
Yet you still changed the locks?
The son asked me if I put the board down at
the door.
THE COURT: Did you change the locks or not?
THE WITNESS: Yes, I told him I changed the
locks a couple days after they left.
BY MR. THOMAS:
Q And you also put a board down to prevent
anyone from being able to force open the door, is that
correct'?
A That's correct.
Q Everything that the two of you acquired over
most of the marriage had been purchased with the money you
had earned, isn't that right?
A I guess so, yes.
Q Well, you were the only one working, right?
A Yes, I was the only one in the public work.
Q And that included the mortgage payment on the
house as well as the rental properties?
A Yes.
Q That included all of the clothing that Mary
had to wear, that included all of the food that everyone
ate, is that right?
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A Clothing for the entire family.
Q Food for the entire family?
THE COURT: Well, she did not work up until
'94.
MR. THOMAS: Right.
BY MR. THOMAS:
Q Do you recall telling Mary that everything
was yours because you are the one who had paid for it?
A No.
Q You never told her that?
A You asked me if I recalled it, I said no.
Q Do you recall -- do you realize that you are
under oath up there on the witness stand?
THE COURT: He answered. He is under oath.
Next question.
MR. THOMAS: That's all I have.
THE COURT: Any redirect?
REDIRECT EXAMINATION
BY MR. WAGNER:
Q I believe you said, Bob, that up until '94
you brought your paycheck home and you gave it to your wife
and she took care of paying the bills and writing the checks
out, is that correct?
A That's correot.
Q Was that from '67 to '941
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A Correct.
Q That's "7 years, if my math is correct, that
you gave your paycheck to your wife and she wrote the checks
out?
Correct.
So she knew about the checking account,
A
Q
presumably?
A
She knew about it all because she paid the
bills.
Q And the checks that came in you gave her so
she knew how to deposit them and write checks out on them?
A I had no idea what was paid and what wasn't
paid. That's what brought about the conflict.
Q At the end of this property settlement
agreement 1 kind of overlooked something we probably
should have talked about earlier -- there is attached to
that, is there not, an itemization of the mortgages that you
and Mrs. Schildt had at least three during the oourse of
your marriage, did you not?
A Yes.
Q It looks like you owed some -- just a shade
under $200,000.00 in mortgages, is that correct?
A Yes.
Q As a result of the properties being
transferred to you, did you assume the obligation to pay
48
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1 those $200,000.00 worth of mortgages?
2 A That burden didn't leave.
3 Q After you and she separated, there is a
4 fourth mortgage that's noted on that property settlement
5 agreement to the SPA. Now, ~ven though that occurred after
6 you and she signed this agreement, you have another
7 $32,000.00 mortgage, don't you?
8 A I didn't take it out.
9 Q You didn't take that out?
10 A No. I sent them the check back because it
11 did not -- I couldn't take the loan on because of having the
12 extra problem in Hopewell TownshIp.
13 Q That was because you are still listed on the
14 Hopewell Township mortgage on the trailer, right?
15 A Yes.
16 Q But when you reached this agreement with Mrs.
17 Schildt and was attached to this agreement is an itemization
18 of the almost $200,000.00 in debts that you assumed by
19 signing this agreement, correct?
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A Yes.
MR. WAGNER: No further questions.
MR. THOMAS: No recross.
THE COURT: step down.
MR. WAGNER: Move for one and two.
THE COURT: Admitted.
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MR. THOMAS:
MR. WAGNER:
No objection.
My two is the same as his one,
Judge.
THE COURT:
THE COURT:
MR. THOMAS:
Okay.
Respondent.
We call Mary Schildt to the
witness stand.
Whereupon,
MARY E. SCHILDT,
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. THOMAS:
Q Mary, are you the defendant in the action
that was brought for divorce by Robert Schildt?
A Yes, I am.
Q And what's your educational background?
A I graduated from Lower Dauphin. I'm a high
school graduate, and I'm also a licensed practical nurse.
Q And when did you get your licensed practical
nurse degree?
A 1995 -- sorry, 1965.
Q 1965?
A Yes. I'm sorry.
Q And Mr. Schildt has already testified as to
the date of the separation. Do you agree with that date of
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1 separation, August 21'?
2 A August 21st, yes, August 21st.
3 Q And he's also testified as to two adopted
4 children. Do you agree with that?
5 A Yes, I do.
6 Q And I want to show you what's been marked as
7 the Petitioner's Exhibit No.1, which is a property
B settlement agreement. Do you want to take a minute to look
9 at it and then look at the signature page. Did you sign
10 that agreement? Is that your signature on the back of it?
11 A Yes, sir, it's my agreement. That's my
12 signature.
13 Q When is the first time that you actually saw
14 this written agreement?
15 A I believe, sir, it was September 7th on a
16 Thursday evening, if that was a Thursday.
17 Q okay. And where were you when you first saw
18 it?
19 A In Scott Cramer's office.
20 Q The attorney who testified here?
21 A Yes.
22 Q And what were you doing at Scott Cramer' 8
23 office on September the 7th?
24 A We were going to go over that agreement, and
25 I had another paper. I don't know where the other paper 1..
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Q
I'll show you Defendant's Exhibit 1. Is this
2 the other paper you are talking about?
3
A
Yes, this is it. I was supposed to give this
4 to Mr. Cramer.
9
Q Who told you you were supposed to give that
to Mr. Cramer?
A My husband, Robert.
Q Is that your signature on Exhibit No. 1?
A Yes, it is.
Q Why did you ever type up a letter stating
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11 what's contained on this exhibit?
12
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Because my husband told me that everything we
13 owned was his, and I asked him why many, many times. And he
14 would say, well, his name was always on the paycheck, not
15 mine, and that everything was rightfully his. I heard this
16 all the time months on p.nd.
17 He approached me one day and wanted me to
18 make up that paper there stating that everything that we
19 owned was his, and that's why that paper is laying there. I
20 did what he asked me.
21
Q
And the date on that letter is september 1.
22 Is that about the same date as he asked you to prepare it?
23
A
I honestly can't say. I'm sure it was before
24 then though because I took it to work to type it up.
25
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The agreement that you signed, did you -- and
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1 I'm referring now to Petitioner's Exhibit 1, the agreement
2 that you ~igned in Mr. Cramer's office, did you read it?
3 A In all honesty, Mr. Cramer read it and I
4 followed along, but I was very emotional at the time. I
5 don't show emotion on the outeide as much as I do on the
6 inside.
7 Q And why were you emotional at the time?
8 A Because I could not believe that after all of
9 the years that we had put into our marriage together -- we
10 had always done everything together until I had gotten
11 cancer in 1992, it was December of '92, and that's when Bob
12 started to change. When I came ho~e and told him I had
13 cancer, he said, well, it's just a matter of time now. And
14 it seemed from that day forward things just were never the
15 same between us.
16 Q Did anything change with regard to the
17 finances shortly after 1992?
18 A Yes, he had taken everything from me. I
19 cannot tell you the exact month or day or anything like
20 that, but he had taken all of the apartment keys from me.
21 He had taken all of the checkbooks, and he had taken all of
22 the money, yes.
23 Q Did you ever ask him why he was taking that
24 stuff away from you?
25 A Yes. He said he was going to handle it from
53
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1 now on.
2 Q And that was his only answer?
3 A From what I can recall, yes.
4 Q Now, how long did this period of time where
5 he was treating you differently last?
6 A From the beginning of actually , 93 until
7 August 21st. Well, actually, up until last September 15th
8 of 1997.
9 Q But while you were still living together?
10 A Yes.
11 Q What are some other changes that -- well, let
12 me ask you this. Were you working in the early 1990's
13 outside the home?
14 A Not where I got a paycheck, no.
15 Q When did you first go to work getting a
16 paycheck?
17 A May of 1994.
18 Q After so many years of working at home, what
19 made you decide to go get a job outside the home?
20 A My husband told me that he would no longer
21 support me and he would no longer feed me, and I could not
22 believe he was saying these things to me. And he says, now
23 you need to get a job, get a real job and know what it's
24 like to work.
25
Q
I want to show you what I have marked as
54
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1 Respondent's Exhibit No.2. Can you identify what those
2 documents are?
3 A Yes. These are receipts for money that I had
4 paid him for bills.
5 Q And as Mr. Schildt testified, they only all
6 go with July of 1994. Were there oth~r receipts?
7 A Yes, there were, but they hurt me so bad that
8 I would just throw them away and I would give him the money
9 and I would ask him, please don't give me receipts, I am not
10 his tenant, I am his wife, and I would not keep the
11 receipts.
12 Q And what would he say to you when you would
13 tell him that you were his wife and not his tenant?
14 A We were supposedly business partners.
15 Q What happened on August 21st, 1995?
16 A I came home from work and Bob was especially
17 affectionate, something he hadn't been in a long time. I
18 was really glad to see that he was changing, or so I thought
19 that night, and then he hit me with -- I don't mean a
20 literal hit, I mean verbally, he said Wednesday YOU'll be
21 going into my lawyer's office and you'll be signing
22 everything over to me.
23 I just felt like he had hit mo in the
24 stomach. He had not but that's how I felt. And I said,
25 what it I do not do this? And he just went -- I don't want
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to use the word berserk. He got very, very angry. He went
into his locked study. He got his tool box where he kept
his checkbooks and his keys and his money. I don't know
what all he had in that. He locked up his study, and he
went out and he got into our motor home and he left.
I was very afraid because my husband does
have a temper. He is a very good person. He is a very hard
worker, and I love him dearly, but he does have a temper.
When he left, that's when I decided in my
heart that I could no longer live like that and that I would
go to the trailer overnight, and that I would leave him a
note stating that he should get his priorities straight, and
I believe that was the note you had there.
Q Well --
A I wrote I am not leaving you.
Q Slow down for a minute.
A Okay.
Q This note that your husband read, is that the
note that you left him on the night of August 21?
A Yes, it is.
THE COURT: Has that been mark&d as an
exhibit?
MR. THOMAS: It's not. I would like to get
it marked.
MR. WAGNER: I have no problem with that.
56
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1 MR. THOMAS: Respondent's No.4.
2 (Whll!;reupon, Respondent's Exhibit No. 4
3 was marked for identification.)
4 BY MR. THOMAS:
5 Q Other than leaving him this note when you
6 left on August 21st, 1995, did you have any other
7 conversations with him later that day?
8 A Yes, I did. I kept calling his home, or our
9 residence where I lived in Liverpool at the time, to make
10 sure that he made it home safe. And about 10:30 he answered
11 the phone, and I told him where I was and why I was there.
12 And I said to him, Bob, I said, what is more
13 important to you, your material possessions or me and the
14 children? And he told me at that point his material
15 possessions, but that was not the first time I had heard
16 that.
17 Q Now, did you at anytime attempt to return
18 from the mobile home to the marital residence?
19 A Yes, I did. It was August 22nd, the very
20 next day. I went over there, and my key did not fit the
21 lock in the lower level. He had changed the lock. I went
22 around to the other two doors, and we had always had a bo~rd
23 at the patio door so if somebody tried to break in -- like,
24 you put the key in and the key would break and you push the
25 door. When Wti went away, we put the board down. He had
57
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1 that board down, and at the front door he had also put a
2 board down where it I put my key in the lock the key would
3 turn but I could not get the door open.
4 Q Were you able to get into the marital
5 residence?
6 A No, sir, I wasn't.
7 Q Between August 21st and september 7th, which
8 was the first day that you saw Mr. cramer, did you have any
9 contact with Robert?
10 A Yes, I did.
11 Q Where did that contact take place?
12 A He would stop in at the trailer where I was
13 living at the time.
14 Q And when he would stop in, would he express
15 to you his reason for stopping over at the trailer?
16 A Yes. He wanted to know when I was going to
17 sign everything over to him because his name was on the
18 paycheck. And he would say, no judge in his right mind
19 would give you anything because my name has been on the
20 paycheck all these years.
21 Q Did you ever go to see an attorney around
22 that time?
23 A Yes, I went to see Allen Hench. He has small
24 children and we know him.
25 Q What happened when you went to see Mr. Hench?
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A Mr. Hench would not re~resent me.
Q And why is that?
A Because he said he thought he was a friend of
Bob's and he was a friend of mine.
Q Had he represented the two of you
A He had represented us, excuse me, yes, for
our real estates.
Q When you wrote this letter dated September 1,
Defendant's Exhibit No.1, had Bob said anything to you in
order to get you to write that letter?
A Yes. He had told me that Scott had told him
that he needed a letter written or something on paper of
what I was giving up. And Bob told me it would be the
residences that I have listed here and everything else that
we owned together. And that is why I went to work and I
wrote this up as I was told.
Q And what about the $10,000.00, did he say
anything to you about that?
A I don't know if it was at that time or not, I
cannot lie, but the subject had been brought up, yes. And
one time we had been jOking, and he said something to me
about, well, how much would you like. ~e were both joking
at the time, and I jokingly said 25,000, and I know Bob
knows that. And there was nothing to it because I did not
want anything. I wanted my marriage to work. I wanted to
59
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1 stay with my husband because I love him no matter what.
2 Q The day that you actually went into the
3 lawyer's office and signed the agreement
4 A That was on a Saturday.
5 Q -- had you had any conversations with Bob as
6 to why you would sign that agreement on that date?
7 A Not on that morning, no.
8 Q The day before?
9 A Well, everything was supposedly going to be
10 his and I yes, that was during that week we had talked,
11 but I don't know which day.
12 Q Well, why did you sign everything over to
13 Bob?
14 A Because he had said if I would sign
15 everything over to him, in the course of our conversations,
16 that everything would be okay between us and I could return
17 to my residence. It would show that I trusted him and I
18 loved him. But he knew I loved him, and he knew I trusted
19 him but he wanted -- he kept hitting me with if you don't do
20 this that means you don't trust me.
21 Q Now, even after you signed this agreement on
22 September whatever the date was, did you and Bob continue to
23 have a relationship?
24 A Yes, sir. He come over to the trailer that
25 night and spent the night with me.
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1 Q And since you have been separated, has he
2 continued to have a relationship with you?
3 A Yes, he has, up until February of 1997.
4 February of 1997 I went over to his place in Liverpool. I
5 believe it was February 4th. And I said to him -- he had
6 been telling me previously to that because I had signed -- I
7 had taken the $10,000.00 he said, and I had taken the mobile
8 home from him. He did not like that. He felt that was
9 unfair because he said it was his $10,000.00 annuity money
10 that was put for the down payment on the trailer, and he
11 felt that I was greedy.
12 Q He was complaining about what you got out of
13 the marital agreement?
14 A Yes, he was. So when I went over in
15 February, I said to him, this was February 1997, I said,
16 Bob, I will sign the title to the trailer back over tc you,
17 and I will make payment arrangements with you to pay that
18 $10,000.00 back because I felt so bad that I had that, that
19 I had taken that. And he said, no, he didn't want that
20 because the agreement would not be valid, and he also said
21 that he had enough debts and he didn't want another one.
22 Q Why did you -- this agreement is dated
23 Septe~ber 1995. Why did you wait until just recently to
24 complain about whether or not this agreement was valid?
25 A Because I felt in my heart that our marriage
61
1 would work, I really did, until May of 19 -- May 1997 when I
2 was at a church up north I was told that my husband was
3 having an affair with another woman.
4 MR. WAGNER: I'm going to object to the
5 relevancy.
6 THE COURT: It is overruled because it goes
7 to the issue of why she waited. It is relevant on that, not
8 to the truth in the averment. It is admissible for that
9 purpose.
10 THE WITNESS: I knew in my heart at that
11 point that I had to forgive my husband for what he had done
12 because I knew if I didn't bitterness would grow in my
13 heart, and I didn't want that because I love my husband.
14 I called Bob up and I left a message on his
15 recorder and told him that I had forgiven him. I did not
16 talk to him personally because he was not home. I had no
17 contact with him until the end of August.
18 We used to go to a hymn Bing
19 BY MR. THOMAS:
20 Q August of what year?
21 A 1997, last year. We always went to a hymn
22 sing down in Kempton, pennsylvania, and I went down there
23 with my daughter. It was over a weekend. I had had no
24 contaot with Bob from February until that weekend.
25 He came down there. It's about a two hour
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1 drive. He came down to Kempton, and he came down to see me
2 and we were together. We went to West Virginia the
3 following weekend, I believe, and things -- how can I put
4 this? We went to bed, okay, and it was my understanding
5 that we were going to work things out. He told me he loved
6 me. I told him I loved him more than life itself.
7 september 15th was our 30th wedding
8 anniversary. Bob and I were together September 15th.
9 THE COURT: What year is this, ma'am?
10 THE WITNESS: Last year, 1997. He told me to
11 go and get a motel down on 11 and 15, and when I walked into
12 that motel, because I took my money, it was a $25.00 sleeze
13 bag motel, excuse me, but that's what it was, I stood there
14 at that counter and I cried and cried.
15 I thought, he sent me down here to get the
16 motel, and after 30 years of marriage this is all I can
17 afford for us because this is where he told me to go because
18 it was only $25.00. I called him then and said, are you
19 coming down? He said, yos, he would be down in a few
20 minutes. He came down. We spent the night together, and we
21 spent the next morning. We had breakfast together. He said
22 he would call me. He did not call me until October 1st.
23 In the meantime, I got my mail. On Septemb$r
24 the 12th, he had filed for divorce and yet he slept with me
25 the 15th and 16th and acted like we were getting back
63
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1 together. At that point, the 12th, on that paper is what
2 did it in my heart that I knew that Bob and I could not -- I
3 could not live with this man like this or go back to him no
4 matter how much I loved him.
5 BY MR. THOMAS:
6 Q During the two year period between the date
7 that you executed the agreement and the date you received
8 the divorce complaint, did he, other than this incident that
9 jOU talked about in Kempton and your anniversary, did he do
10 anything else to encourage you to believe that you would be
11 getting back together?
12 A When we would see each other, yes. I mean,
13 it was like he loved me and I lovad him. May I say
14 something?
15 Q Yeah, go ahead.
16 A October 1st was my last contact with Bob.
17 That is because he called me at 12:00 noon, and he wanted to
18 get together with me for supper that night. And I said,
19 Bob, how can you do this? I said, I feel so betrayed. You
20 were with me on the 15th and 16th, and you started
21 proceedings against me on the 12th. How can you do this and
22 then you want to be with me now?
23 That's when he said something about he would
24 see me in court. And I said, Bob, I love you now, I will
25 always love you, but I've got to learn to love me now.
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1 Q Had you -- I want to go back a little bit to
2 the -- had you had any involvement in managing the rental
3 properties for the last couple of years that you actually
4 lived at the marital residence?
5 A Yes, I did. I mowed the grass. I did the
6 maintenance on it. I did the rental agreements. At the
7 same time I did that I also home schooled our children and
8 kept care of our property inside and out.
9 Q I'm talking about the last couple of years
10 between, say, 1993 and '95.
11 A No, sir. No, sir.
12 Q Had you been involved previous to that time?
13 A Yes, sir.
14 Q And what caused you to stop being involved in
15 the handling of those financial affairs?
16 A He took everything from me.
17 Q Why did you let him take everything from you?
18 A Because that was known as submission. I
19 tried to do everything I could to make my husband happy. I
20 tried everything. One day I went out to mow the grass, and
21 he looked at me, he took the lawnmower, and he said, that is
22 my grass, my lawnmower. If you want to mow my grass, you
23 buy your own lawnmower. You can mow my grass, but you'll
24 put your lawnmower on somebody else's property.
25 I went to use the phone one day because I was
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1 paying him for the phone. He had the long distance
2 disconnected. We had no long distance. I said, Bob, why
3 are you doing this? I am paying you. He said, it's my
4 wires coming into my house. It is my phone.
5
Q
The $10,000.00, did you qet the $10,000.00 as
6
a result of signing that marriaqe settlement agreement?
A Yes, I did.
Q What did you do with the $10,000.00?
A I paid a charge card or maybe two charge
cards, I know one in particular.
7
8
9
10
11
Q
Well, why did you have charge cards?
Why I got them in the first place I don't
12
A
13 remember, but I know that I needed it because Bob had told
14 me he would not support me anymore and he would not feed me.
15 And my only recourse -- I had no car. I had to buy a car.
f
I
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I
Then he decided to buy this motor home, and he wanted money
for the motor home, so I had to withdraw that from my charge
card.
Q
Why did you have to contribute to the buying
20 of the motor home?
A
Because if I wanted to ride in it, I mean,
21
22 this was the deal. If I road in it, then I would pay part
23 of the gas.
24
25 this $10,000.00 when you signed the marriage settlement
Q
How far were you in debt by the time you got
66
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1 agreement?
2 A In all honesty, I don't recall. It might
3 have been $6,000.00. I mean, I had to buy groceries if I
4 wanted to have company on Sundays. I had to buy the
5 groceriea because he said he would not buy the groceries.
6 He had bought groceries all those years, and I agree, you
'7 know, it wasn't more than right, I was working and I should
8 buy groceries. I didn't give Bob any problems there.
9 Q When you went to work, what kind of job did
10 you get?
11 A I got a $7.00 job with Norrell Temps it was
12 called. They sent me to a place called Kodak. They do
13 imaging services. That's where I worked.
14 Q How long did you work there?
15 A For Norrell Temps? From May of '94 until, I
16 believe it was, October of '94.
17
18
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20
21
22
23 home?
24 THE WITNESS: Yes, sir, I am working.
25 THE COURT: For that company?
Q How much were you paid?
A $7.00 an hour.
Q Did you ever stand up --
THE COURT: Are you still working?
THE WITNESS: Excuse me.
THE COURT: Are you still working outside the
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1 THE WITNESS: I work for another temp agency
2 called olston, and I work for the same company only they
3 switched names. It'~ called D8nka D-a-n-k-a.
4 BY MR. THOMAS:
5 Q How long have you worked there?
6 A I started there last November.
7 Q How much do you make there?
8 A $7.00 an hour.
9 Q When Mr. Schildt would say things to you like
10 get your own lawnmower to mow my grass and that sort of
11 thing, did you ever challenge him on that?
12 A It's not that I challenged him, but I did use
13 one word one time. I said, I will not be victimized
14 anymore. Because I remember when I was going through
15 radiation treatments, that was the beginning of '93, it was
16 Easter of '93, I was down in the basement or the lower level
17 with my son.
18 There is a cedar closet down there, and
19 because of having cancer I couldn't lift and going through
20 radiation I was weak. And I said to our son, would you
21 please come down here and lift these coats and things off
22 the ced~r closet so I can put other things in there.
23 He come down to help me and Bob was outside,
24 and he hollered for Jonathan. And I hollered, honey, he'll
25 be out in a minute, he's helping me. Jonathan hollered,
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1 dad, I'll be out as soon as I'm done helping mom.
2 We no sooner turned around it seemed and
3 there was Bob. He grabbed Jonathan. HG threw him down the
4 hallway, bloodied his shoulder, grabbed me, threw me into
5 what would be the TV room, put me up against the door and
6 knocked a hole in the wall with the handle of the door.
7 And the next -- I don't remember if it was
8 that evening or was it that morning, I don't remember, but I
9 we~t to my girlfriend's house, Rhoda Buckwalter --
10 THE COURT: Hold on. Next question.
11 BY MR. THOMAS:
1~ Q Well, what did he say to you when you did
13 he say anything to you when he said you're not going to be
14 victimized by him anymore?
15 A Yes. He used the M.F. word. He used that
16 quite frequently. And then he would laugh -- later on he
17 would laugh about that and joke about that. Well, he
18 wouldn't really laugh about it, he would use that against
19 me. He would say, I'm not going to be victimized.
20 Q I missed that. What do you mean he would use
21 it against you?
22 A Like, if we would be talking or something, he
23 would use that word. He would say -- it I would say
24 something to him, I guess, and ha didn't like what I said,
25 he would say, I will not be victimized, I will not bG
69
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1 victimized. He would turn it around and use it back on me,
2 and I never used that word again because I just didn't.
3 Q Were you afraid of your husband?
4 A At times, sir, yes, I was.
5 Q At what times?
6 A Well, one special time was in October of '93.
7 Q I wasn't asking you for a specific incident.
8 But what kind of times, what about him, when would you get
9 to be afraid of him?
10 A When I wouldn't do things that ho would want.
11 I mean, if I thollght I was doing right and he didn' t think I
12 was, he would get real emotional and real hyper. But I just
13 figured that was part of his personality, but it would still
14 scare me.
15 Q Was he like that the time leading up to when
16 you signed this property settlement agreement? Were you
17 afraid of him at that time?
18 A It wasn't that I was afraid of him, no. I
19 just was leery of him, put it that way, because I never
20 knew. It was like living on eggshells with Bob. You never
21 knew what to do or what to expect next with him.
22 MR. THOMAS: I have no further questions,
23 Your Honor.
24
25
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CROSS EXAMINATION
BY MR. WAGNER:
Q Mrs. Schildt, you've told us that you
graduated from high school in 19651
A No, sir, 1964.
Q I'm sorry. Lower Dauphin High School?
A Yes.
Q In what program were you in?
A Business.
Q And then you went for, did you say, an LPN or
an RN?
A Licensed practical nurse.
Q How long did that ta::q you to achieve that?
A One year.
Q Where did you go for that?
A That was to the Harrisburg Hospital. It was
called the Harrisburg School District Program of Practioal
Nursing.
Q
A
Q
marketplace?
A
Q
A
Did you successfully complete that program?
Yes, I did.
Did you ever use that license in the
Yes, I did.
How long did you work using that license?
I believe it was until '71, I believe.
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,.--.
Q So at least at the interception of the
marriage to your husband did you work outside the home?
A Yes.
Q And did you have a joint checking account
with Bob at the outset of the marriage, or was it your
Checking account and his?
1
2
3
4
5
6
7 A Outside of marriage?
8 Q I'm sorry. At the beginning of the marriage,
9 was it '67 and you worked until '71, about four years?
10 A Right.
11 Q Did you and he put your money in the same
12 checking account or did you have separate ones?
13 A At this point I don't remember. I believe we
14 might have, sir.
15 Q Might have what?
16 A We might have had it jointly, but I don't
17 remember.
18 Q Mr. Schildt has told us that at least up
19 until 1994 he gave his check to you and that you wrote the
20 checks out to pay the bills, is that accurate?
21 A Yes, sir.
22 Q So he would come home from work, endorse the
23 check, give it to you and you would go to the bank?
24 A Not that day, but, yes, I would take it to
25 the bank. Sometimes he would -- he, himself, would deposit
72
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1 it in the bank.
2 Q At any rate, when the bills came into the
3 Schildt household, for a 27 year period of time you wrote
4 the checks out?
5 A Correct.
6 Q You were aware of the debts and the
7 liabilities of the marriage?
8 A I was well aware of the debts.
9 Q Were there a lot of debts in this marriage?
10 A Yes.
11 Q And were a lot of the debts evidenced by the
12 mortgages on the properties that your husband told us about,
13 almost $200,000.00 worth on the properties that he
14 ultimately got?
15 A It was mortgages and car loans and, you know,
16 things of this nature.
17 Q But what you're telling us is that you were
18 aware of those enormous debts in your marriage to Mr.
19 Schildt?
20 A May I put it this way, I knew there were
21 debts but t do not know what the amount was, no. I would
22 write the checks out and you know.
23 Q But at any rate, you were aware of the debts?
24 A I knew we had debts, yes, sir.
25 Q And you knew the properties that you and Mr.
" '
"
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1 Schildt owned?
2 A Yes, sir.
3 Q And you knew that in order to have those
4 mortgages on those properties you and Mr. Schildt went to a
5 bank and signed the necessary paperwork to get the money to
6 create the mortgage?
7 A Correct.
8 Q And were lawyers involved when you would sign
9 those kinds of mortgages and notes?
10 A Yes, sir.
11 Q You signed at least four separate mortgages,
12 did you not, three on properties that Mr. Schildt got, one
13 on a property that you now have, is that correct?
14 A Correct.
15 Q So you participated in signing the necessary
16 documents to obtain four separate loans on real estate by
17 signing notes and mortgages, did you not?
18 A Correct.
19 Q Did you go to lawyers on each of those tour
20 times?
21 A I believe we did, sir, yes.
22 Q The same lawyer or diffel'ent lawyers?
23 A I know we had Allen Hench. I don't know if
24 we had anybody else or not. I mean, we had certain lawyers
25 throughout the years, but I'm not quite sure which was for
74
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what.
Q You knew during the course of your
marriage obviously your husband was working because he
was bringing a paycheck home. Do you know where he was
working?
A Yes, I did. He was a wonderful provider.
Q He was a wonderful provider. Where was he
working?
A Well, he works for Local 520, and I don't
want to use the word farm him out, but they would send him
to construction sites, and he had a choice to work or not
work.
Q And you knew through where he worked he also
had certain benefits such as health benefits, retirement
benefits, pensions and insurances, did you not?
A I knew he had them, but I did not know what
the amounts were.
Q But you knew they were there?
A Yes, sir.
Q And you knew the debts and the liabilities of
the marriage, you knew the assets of the marriage, you knew
all about thE! pensions and insurances as of the date you
appeared to Mr. Cramer's office to sign that agreement, did
you not?
A Yes, I knew that, but I was not materially
75
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1 minded, sir.
2 Q I understand. I appreciate and r~spsct the
3 fact that you've told us you're not materially minded. But
4 my question to you is, you were aware --
5 A Yes, sir.
6 Q -- of all of the assets and all of the
7 liabilities in your marriage before you signed that
8 agreement, were you not?
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14 A No, sir, I do not know.
15 Q Was it sometime between the August 21st,
16 1995, note and September 9th, the day you appeared in Mr.
17 Cramer's office?
18 A I do not remember and that is the truth. I
19 do not know.
20 Q Could it have been that you sought out an
21 attorney before you separated from your husband?
22 A Mr. Hsnch I went to see, yes.
23 Q Did you see him before August 21st of 1995?
24 A I don't know, sir.
25 Q Could you have seen an attorney or sought out
A I did not know what the values were, sir.
Q Okay. But you knew the existence of them?
A I knew the existence, yes.
Q Now, when you went to Mr. Hench, can you tell
us when that was? I realize he didn't talk to you.
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Hr. Hench before you separated August of '95?
A It could be. I don't know.
Q Now, when Mr. Hench said he couldn't
represent you because he knew both of you, did he refer you
to another lawyer?
A No, sir.
Q Did he suggest you seek another lawyer?
A He said I could if I wanted to, yes.
Q So Mr. Hench told you if you wanted to you
could seek another lawyer, correct?
A Well, he didn't put it that way, but, you
know, I'm sure that's what he meant.
Q And did you know that you would be able to
see Another lawyer if you wanted to?
A Yes.
Q Did you consult any other lawyer?
A No, not at that time, sir.
Q Did you consult any lawyer before September
9th, 1995, as it relates to this proposed agreement?
A Not to my knowledge, no.
Q Did you talk to a lawyer at your place of
employment?
A
Q
A
No, we don't have a lawyer over there.
So nobody at Kodak advised you what to do?
No, just friends I work with.
77
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1 Q What did the friends at work tell you?
2 A Well, you know how people talk, well, this
3 person divorced this person and he had this lawyer, and she
4 got this, the regular run-of-the-mill speech.
5 Q So co-workers indicated their experience wi~h
6 other lawyers during divor.::es, did they not?
7 A So to speak, yes, but they weren't married
8 most of them. They were like live-ins, whatever.
9 Q I understand. But did they give you specific
10 names of lawyers?
11 A No.
12 Q But they talked about other lawyers?
13 A Yeah.
14 Q And you knew you had the opportunity to talk
15 to a lawyer before the 9th of September, did you not?
16 A Correct.
17 Q Now, I believe what you've indicated to us
18 is, correct me if I'm wrong, that when you appeared at Mr.
19 Hench's office you drove there separately, is that oorrect?
20 A Yes, sir.
21 Q Did you know -- I'm sorry, Mr. Cramer's
22 office.
23 A Mr. cramer's, yes.
24 Q When you appeared at Mr. Cramer's offi.oe on
25 the 9th of September of 1995, did you know thdt in addition
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to being a lawyer that Mr. Cramer was also the District
Attorney of Perry County?
A Yes, I did know that.
Q How long had you known he was the District
Attorney?
A probably the time that Bob told me he was his
lawyer.
Q When you appeared at Mr. Cramer's office, did
you indicate to Mr. Cramer that you didn't want to be there,
you were uncomfortable with signing this, or that you felt
that you were upset or that YOII were nervous or any
indication to Mr. Cramer that you didn't want to sign that
agreement?
A I told him I was very sad about it, and I
believe -- I'm sure I told him I was not happy about it,
yes.
Q Did Mr. Cramer tell you to seek legal
counsel?
A Yes, he did.
Q Did he give you the opportunity to go talk to
a lawyer before you signed this agreement?
A Before I signed the agreement, no.
Q Didn't he tell you if you want to go talk to
a lawyer?
A Not be fora I signed this agreement, no.
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Q ~)en di~ n~ ~~1' you?
A Tha~ .as in the course -- I see what you are
saying, yeah, okay.
Q Before you signed the agreement, Mr. Cramer
suggested that you should go see another lawyer, did he not?
A Yes, I believe that's in the agreement I
signed.
Q And as a matter of fact, did he tell you that
you should seek another lawyer before September 9th of 1995,
a couple days before the 9th he suggested you better go see
a lawyer?
A I don't remember that, no, sir. I remember
taking this paper in, and when he looked at this paper, he
told me this is more than I expected.
Q Now, let's talk about that for a second.
A Okay.
Q The paper you are referring to is a letter
that you typed on the 1st of September of 1995, Defendant's
Exhibit No. 1, correct?
A Yes.
Q Did you type that letter at work?
A Yes, sir.
Q How did you know what to put in the letter?
A Because Bob had asked me or told me what to
put in as far as personal belongings, list all of the
so
'_''1
1 properties, list personal belongings and whatever else is
2 listed here was what I was supposed to put in, so that's
3 what I put in.
4 Q To whom did you give that letter?
5 A I gave this personally to Mr. Cramer, and
6 that's when he read it and he said this is more than I
7 expected.
a Q When you gave that to Mr. Cramer, when was
9 that, Mrs. Schildt?
10 A I can't honestly say. It might have been --
11
12
13
14
15
16 calendar
17 Q That would be Thursday the 7th. You signed
lS this Saturday the 9th?
19 A Correct.
20 Q And on Thursday the 7th when you went to Mr.
21 Cramer's office, did you also drive separately to get there?
22 A Yes, I did, sir.
23 Q When you arrived at Mr. Cramer's office, is
24 that when you handed him or gave him what's been marked
25 Defendant's Exhibit No.1?
I honestly can't say. I don't remember the date.
Q Mr. Cramer told us there was an occasion
before the 9th that he met with you and Mr. Schildt. He
thought it was the 6th or the 7th.
A I think it was Thursday. If you have a
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A This was given to him before saturday, I know
that.
Q And Mr. Cramer's response to that was what?
A This is more than I oxpected.
Q And did he at that point say you better go
talk to a lawyer?
A I can't say he said it at that point, no.
Q Could he have suggested to you at that point
you better seek legal counsel regarding this matter?
A He could have but I don't know.
Q Now, at any rate, we all agree we were there
on September the 9th?
A Correct.
Q And when you were there on September 9th, did
you indicate to Mr. Cramer that your husband had threatened
you if you didn't come there?
A No, I did not.
Q Did you indicate to Mr. Cramer that your
husband made extra promiseD to you that if you signed this
something special was going to happen?
A No, because I was not asked.
Q Did Mr. Cramer read each one of the
provisions to you?
A Yes, he did.
Q When he got to the provision regarding the
82
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--
1 fact that there was going to be a divorce, did you realize
2 that in September of '95 there was talk of a divorce between
3 you and your husband?
4 A When he said about the divorce, yes, but Bob
5 had left me under the impression if I signed all these
6 things there would be no divorce, we would get back
7 together, and I took him at his word. If I signed it if
S I signed everything over to him, we wouli be husband and
9 wife once again, but it did not work that way.
10 Q Did you sign the deeds that we have talked
11 about on the same day?
12 A Yes, sir, I did.
13 Q And did you also receive a deed some two
14 months later in November of 1995 from Mr. Cramer's office?
15 A Yes, sir.
16 Q When you received the deed to your property,
17 did you record it, take it to the courthouse and record it?
1S A I thought he did that.
19 THE COURT: I thought he said he recorded it.
20 BY MR. WAGNER:
21 Q Who do you think recorded it, Mr. Cramer?
22 A I'm assuming Mr. Cramer did, yes.
23 Q When you got that deed from Mr. Cramer, did
24 you ever call him back and say I don't want this to happen,
25 I don't want this deed to be in my name, I think Bob and I
83
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1 are getting back together?
2 A No, I didn't becauso Bob hadn't done it with
3 his deeds.
4 Q You told us something happened October 1st.
5 I apologize I missed it when Mr. Thomas asked you about
6 september and October of '97, I believe.
7 A '93.
8 Q '93. I thought you told us about some
9 incidents in 1997 also. Did I misunderstand that?
10 A You must have.
11 Q You were talk.ing about things that occurred
12 in '93?
13 A Oh, I said August. You must have
14 misunderstood me, not October, August when Bob came down to
15 Kempton, Pennsylvania. That was in August.
16 Q I understand. Now, a little blue piece of
17 paper says, Bob, I'm seriously considering your offer. This
18 is probably the best way, Mickey. Did you leave that note
19 for your husband?
20 A I left this note, but I have no idea what
21 this is about. That is the truth, I have no idea.
22 0 Could it have been that that was the note you
23 left after Mr. Schildt said to you $10,000.00 and the
24 property in Hopewell Township and I get everything else, and
25 I'll take care of the debts and the mortgages, et cetera, et
84
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1 cetera? Could that be in response to that?
2 A I honestly don't think so.
3 Q Fair enough. I appreciate that. During the
4 course of your marriage to Mr. Schildt, were there times
5 when you would have to sign agreements to buy appliances and
6 furniture and cars?
7 A What do you mean sign?
8 Q Well, did you buy furniture in your marriage?
9 A Yes, we did.
10 Q Did you have to sign up for credit to buy
11 them?
12 A Yeah.
13 Q Did you buy appliances during the course of
14 your marriage, stoves, ovens?
15 A Well, sure.
16 Q Did you have to sign documents evidencing the
17 debt or the purchase of the assets?
18 A Yes. The last one I remember signing was --
19 I don't remember if it was '93 or '94. Bob wanted separate
20 beds after I had cancer. He wanted separate beds, and he
21 wanted me to go out and pick out the single beds, and I did
22 that for him.
23 Q And you signed'?
24 A And I'm not sure if i signed the papers or if
25 they delivered them and he signed the papers, but I remember
85
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1 that incident.
2 Q Did you understand what you signed, those
3 various agreements for property such as appliances and the
4 bed and the houses and so forth? Did you understand what
5 you were signing when you signed them?
6 A Yes.
7 Q Did you understand on September 9th, 1995,
8 when you signed that agreement what you wore signing?
9 A Yes, I did but --
10 MR. WAGNER: Thank you. I have no further
11 questions.
12 MR. THOMAS: I have no redirect, Your Honor.
13 THE COURT: Ma'am, you may step down.
14 THE WITNESS: Thank you.
15 THE COURT: Any further testimony?
16 MR. THOMAS: No further testimony. I would
17 move for the admission of Defendant's 1 through 4.
18 THE COURT: Admitted.
19 MR. THOMAS: Respondent' El 1 through 4.
20 THE COURT: Any rebuttal?
21 MR. WAGNER: No rebut ta l, Your Honor, just a
22 clarification. Defendant's Exhibit No.1 and Petitioner's
23 Exhibit No. 2 are the same. So we won't off~r two since
24 defendant's one is already in.
25 THE COURT: Just be sure Pamela has all of
86
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.
lROPERTY SETTLEMENT ~NT
THIS AGREEMENT, made this 91ay of september, 1995, by
and between ROBERT L. SCHILDT, hereinafter referred to as
"Husband"; and MARY E. SCHILDT, hereinafter referred to as
"Wife".
WITNESSETH I
WHEREAS, Wife and Husband were legally married on S,.,t. "~-, I 'Ie 7
; and
WHEREAS, differences have arisen between Husband and Wife in
consequence of which they desire to live separate from each
other; and
,
WHEREAS, wife and Husband desire to settle and determine
forever all their rights, obligations, and division of ~heir
property;
NOW, THEREFORE, in consideration of the mutual promises
herein contained and for other good and valuable consideration,
receipt of which is hereby acknowledged, Husband and Wife
intending to be legally bound hereby do promise, covenant and
agree as follows:
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 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. INTERFERENCE: Each party shall be free from inter-
ference, authority, and contact by the other, as fully as if
he or she were single and unmarried except as may be necessary to
carry out the provisions of this Agreement. Neither party shall
molest the other or attempt to endeavor to molest the other, nor
compel the other to cohabit with the party, nor in any way harass
or malign the other, or in any way interfere with the paaceful
existence, separate and apart from the other.
3. HUSBAND'S DEBTS: Husband represents and warrants to
Wife that subsequent to the execution of this Agreement, he will
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
1
~
..
I
shall indemnify and hold wife harmless from any and all
claims or demands made against her by reason of debts or
obligations incurred by him.
4. WIFE'S DEBTS: Wife represents and warrants to Husband
that subsequent to the execution of this Agreement, she will not
contract or incur any debt or liability for which Husband or his
estate might be responsible and shall indemnify and hold Husband
harmless from any and all claims or demands made against him by
reason of debts or obligations incurred by her.
5. MUTUAL RELEASE: Subject to the provisions of this
Agreement, each party has released and discharged, and by this
Agreement does for himself or herself, and his or her heirs,
legal representative, executors, administrators and assigns,
release and discharge the other of and from all causes of action,
claims, rlg~ts, or demands, whatsoever in law and equity, which
either of the parties ever had or now has against the other,
except any and all causes of action for breach of any provision
of this Agreement.
It is the intention of Husband and Wife to give to each
other by the execution of this Agreement a full, complete and
general release with respect to any and all property of any kind
or nature, real, personal or mixed, which the other now owns or
may hereafter acquire, including but not limited to, past,
present or future spousal support or maintenance, alimony,
alimony pendente lite, counsel foes, equitable distribution,
pension or retirement benefits, costs or expenses, whether
arising as a r.esult of the marital relation or otherwise.
6. REAL ESTATE: Wife hereby agrees to transfer and assign
to husband, as his sole and separate properties, all of her right
title and interest in and to the five (5) parcels of real estate
which are bounded and described on the deeds, attached hereto,
made a part hereof and marked collectively as Exhibit "A".
Husband further agrees to assume as his sole obligation any and
all mortgage payments, payment of insurance premiums, taxes,
claims, damages or other expenses incurred in connection with
said parcelS of real estate and Husband agrees and covenants to
indemnify and hold wlte harmless from such liability or
obligations.
Husband hereby agrees to transfer and assign to Wife, as
her sole and separate property, all of his right title and
interest in and to the Howe TownShip property, inclusive of the
mobile home and all contents therein, Which is bounded and
d..cribed on the deed attached hereto, made a part hereof and
marked Exhibit "B". wife further agrees to assume as her sole
2
.
\
obligation any and all mortgage payments, payment of insurance
premiums, taxes, claims, damages or other expenses incurred in y/y;irl'
connection with said parcel of real estate and Wife agrees and clt'O
covenants to indemify and hold Husband harmless from such ttv.J?,
liability or obligations. . . r ,t I" )"" ./ ~." ." , , ,..,I. f"'..,/JI!?5'
(;".,1.0(.'1 f t a 1..~1fCJ""'l!4'1(J , e(.. 'I' '.
I{".~...J ...r- 14, r,A' .1.1'/"''''/ .'f 1./.) '-11".,~,.t.
7. PERSONAL PROPERTY: Wife hereby transfers and conveys
all household furniture and furnishings and all other articles of
personal property which have heretofore been used by them in
common to Husband and this Agreement shall serve as a bill of
sale for same.
8. MOTOR VEHICLES: Husband shall receive exclusive title
to all jointly owned vehicles. Husband agrees to assume sole
responsibility for and to indemnify and hold Wife harmless from
any and all demands, claims, suits and causes of action for
payment of a~ encumbrance as to said vehicles.
9. PENSION. PROFIT-SHARING. RETIREMENT. C~~T UNION OR
OTHER EMP1,OYMENT-RELATED~: The parties hereto expressly
waive and relinquish any right, claim, title or interest in any
pension, profit-sharing, retirement, credit union, National Guard
benefits, or other employment-related plans in which the other
has any interest by virtue of his or her past or present
employment, whether vested or unvested, matured or unmatured.
10. WAIVERS OF CLAIMS ASAINST ESTATES: Except as herein
otherwise provided, each party may dispose of his or her property
in any way, and each party hereby waives and relinquishes any and
all rights he or she may now have or hereafter acquire, under the
present or future laws of any jurisdiction, to share in the
property or the estate of the other as a result of the marital
relationship, including without limitation, dower, curtesy,
statutory allowance, widow's allowance, right to take in
intestacy, ~ight to take against the Will of the other, and right
to act a~ administrato~ 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.
11. ADDITIONAL INSTRUMENTS: Each of the parties shall from
time to time, at the request of ,the other, execute, acknowledge,
and deliver to the other party any and all further instruments
that may be reasonably required to give full force and effect to
the provisions of this Agreement.
3
.
12, '.'A<O. If .ith., p.'ty b"'Ch.. 'ny ptovi.10n of th1.
A.,.~..t. tho otb., ..,ty ""i h.v. tho 'l'ht, .t hi. ., h.,
.1.ct10.. to .". fo, do"... f., ."c' b"'Ch 0' t. "'k ."..
oth., ~'.d1.. o. '.ii.f ,. ',y b. ""I'b'. to 'i. a, h." T..
...ty b'.,chin. th1. c..,t',.t "'11 b. '.'.on"b'. f., "y'.nt
.t "'.1 f... .ad c..t. inc""'d by tho .th., 'n .nfo.cin. '1. .,
her rights under this Agreement.
lJ, = DI,ClpSU... H"b'nd ond H1f. '.~by .tot. to,t
th.y h... n'.oti.t'd tho vithin A""'.nt 'ft., f"ii di.ci..",..
.n. t. tho oth.,. of 'Ii "'it" .,...,ty. ,...t.. ..n'i.n..
debts and financial matters.
Both parties aCknOWledge that they tUlly understand the
t.ct. 'nd 'ckn~"d.. 'nd 'CC~t t"t thi. A.,....nt i. t'i. 'nd
equitable and that it is being entered into freely and
'o'"nt"i1y 'nd i. n.t tho "'"'t 'f 'ny d"..... "nd". infi".nc..
collusion o~ improper or illegal agreement or agreements.
", HODIFICATIO' AND ',rVE., A "d1fic,ti.n .. v,l.., of
.ny .f t.. "o.i.ion. .f thi. A""'.nt "'iI b. .ff.ctiv. .n,y
it "d. in V'it1n. 'nd .x'C"t.d vit. t.. '... f""iity .. t'i,
A.,..,..t, Th. t."",, 'f ...... '''ty t. in'bt "'on .t'ict
'.'to",nc. ot 'ny of t.. ....i'ion. .f t.i. A""'.nt ""i not
b. 'on.t,"od ., , v'iv., .t "y '"b"'".nt d'f."'t .f t.. ',.. 0'
similar nature.
lS, 'D.VIVA, .'YOHD DIVO.CE nEC.... Th. "'ti.. h...by
aCknoWledge that they have accepted the within separation
......ont .. , tin" ..t"'.ont f.. '" ."'..... Vhot".v"
b.t'..n th....,v.. ,. c.nt".i,t'd by tho P.nn'Ylv,ni, Div.,c. ,
COd.. Sh'"'d. O.c,... ""d".nt. .. O.d.. ot S.""ti.n ot ,
Div..c. b. Obt.in.. by "to" .t to. 'otU., in tOi. " ony .th"
.t,t.. .'ch ot tho P,.ti., h"'by con'.nt, 'nd '.,.., th.t thi,
A......nt 'nd "1 it. ',v.n.nt, 'h." not b. ,ft.ct.d in 'ny "y
by 'ny '"ch '.""t1.n 0' div.,c., 'nd n.thin. in 'ny '"ch
D.c,... ""d...nt. O'd.. 'f f",th., ..ditic.ti.n 0, ".i.ion
th...ot. .b." "t.,. ".nd ., "'y 'ny t... Of thi, A"'.'.nt.
'h.th.. 0' n.t .ith., o. both ot tho "'t1.. .h." .....,y. it
b.in. "nd.,.t.Od by ,n. b.t'..n tho ..,ti.. th,t thi. A"..'.nt
'h." '"'.iv. .nd 'h." n.t b. ""'d into .ny D.c.... ""d...nt.
0' D.d.. ot Di.o.c. .. s...,.ti.n. It i. ".citic.ily '....d.
h~...,. th,t · co.y ot this A""'.nt ., tho '"h.t.nc. .t tho
''''i'i.n. th....t. "y b. inco,.."t'd by ..t".nc. into 'ny
Di...c.. """"nt 0, Doc... f., tho ."'..... .t .nto'C.'b11ity
only, Thi. inco""'tion. h...v.,. 'h"1 n.t b. .....d.d ,. .
'.".'. it be1n. tho ','c1tic int'nt ot tho ."ti.. t. "co1t
tOi. A.,....nt to '"evi.. .ny ""d".nt .. D.c,... 'n' t. b.
forever binding and conclusive uPon the parties.
4
16. ADVICE OF COUNSEL: This Agreement contains the entire
understanding of the parties who expressly acknowledge that this
Agreement has been entered into by his or her own volition, with
full knowledge of the facts and full information as to the legal
rights and liabilities of each other, after consultation with
counsel of his or her own choosing, or being informed to retain
counsel of his or her own choosing, and each believeB this
Agreement to be reasonable under the circumstances, being fully
informed of all property owned by each other, and each hereby
acknolwedges that there have been and are no representations,
warranties, covenants or agreements other than those expressly
set forth herein.
It is understood and wife expressly acknowledges that
R. Scott Cramer, Esquire, is exclusively representing the
interests of Robert L. Schildt. Wife hereby rejects the advice
of Mr. Cramer to retain her own counsel.
17. LAW OF THE COMMONWEALTH APPLICABLE: This Agreement is
construed in accordance with laws of the Commonwealth of
Pennsylvania which are in effect as of the date of the execution
of Agreement.
18. AGREEMENT BINDING OF HEIRS: This Agreement shall be
binding and shall enure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and
assigns.
19. ~TEGRATION: This Agreement constitutes the entire
understanding of the parties and supersedes any and all prior
agreements or negotiations between them. There are no
repr'lsentations or warranties other than those expressly set
forth herein.
20. SEVERABILITY: If any term, condition, clause or
provision of this Agreement shall be determined or declared to be
void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this
Agreement and in all other respects this Agreement shall be valid
and continue in full force, effect and operation.
!l
.
, Icon C......IR
""O"'IIY at \..0....
'. O. C'o...., 'Sf
"CO""OI'l, I'A "010
~ELE~SE PROM PER90N~L LI~BILITY
THIS RELEASE, executed this _~':' i~, day of June, 19961
WITNESSETH:
WHEREAS the First National BanK of Newport is holder of a
certain loan evidenced by a certain Note and Mortgage executed
by ROBERT L. SCHILDT and MARY E. SCHILDT, his wife, payable to
the First National BanK of Newport further identified as
Mortgage dated June 15, 1993 in tha amount of $40,000.00 as
the same appears of record in Dauphin county Record Book 1996
page 391 and Note dated June 15, 1993 in the sum of
$40,000.00. Said loan and obligation is secured by the
parties real estate located in Liverpool Township, Perry
county, pennsylvania (Deed BOOK 305 ,Page 34) and real estate
located in the city of Harrisburg, Dauphin county,
pennsylvania (Deed BOOK 859 Page 44) and real estate situate
in the city of Harrisburg, Dauphin county, pennsylvania (Deed
BOOK 729 Page 351) and real estate located in the city of
Harrisburg, Dauphin county, pennsylvania (Deed BOOK 1053 Page
540) which real estate has been conveyed to Robert L. schildt,
individuallY,
NOW THEREFORE, for and in consideration of the sum of one
and No/100 ($1.00) Dollar in hand paid by Mary E. Schildt to
the First National Bank of Newport, the receipt whereof is
hereby aCKnowledged, the First National BanK of Newport hereby
releases Mary E. schildt from any and all personal liability
to the First National Bank of Newport for the above-referenced
indebtedness and obligations evidenced by or incurred under
the termS of the above_referenced Note and Mortgage. It is
understood and agreed that this release and discharge to MAR~
E. SCHILDT in no way releases Ot" discharges ROBERT L. SCHILDT
from the debt secured by said Note and Mortgage.