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HomeMy WebLinkAbout98-00566 'I," I.J "" .- ~ ~ ""( - '. --s V} !I ., / t ~ ~ -. . , ~. ~ 1\:). ......=s ~ ~ , ~ /'?J! M. C'~ I"I~~ h.iif /ff~tJ~ -t./.&,,, n% ~ ;e; 4?}--4-r:>.:Jt-t . Z 332 847 963 US Poslal SaIVlca ReceIpt for Certified Mall / No Insuranco Covorago Provided. Do not uso for Intomall al Mall Soo roverso ~1~tra C. Shield sl~~W'~rYork strc;;:.;;' P~l OlliCO. 511110, & ZIP Code ... Poslage $ ...- ) l'C"f:"'\:..''''''~--;'"'''_''''''''''-_'',~ ......'r_.h._'.,.,.. .' ..,,_.' ,'," .' ,,-,. ,.'" .,... '-.' ,,-,... _K_ c....,...,~.' ...~,_~_~.'.--,."".""." ,,_._~ "'K",'''i''''':-:'~ I... '! ! I I D I~ I 0 J f 8Comp1et8tt;".. 1 and'or 2 lor addlUonaI "Meel. 8Complel. ttaml 3, 41. 8l'ld 4b. . ~_ -Print your name and arm. on the reverse or tfilifd.m iiOlfiArw. lIn.relum thl, .~':::ionntottwtw~RE&ml&t~Frdoianol .=~.,umR<<eJpthAlUNt~'l;'''' .rUde nUflber. -The Rltum Receipt w411how . and th4date doIlvered. I Consult posbnaster for fee. 3, ArtIcle Addn;;n,IKM&> - - . Article Number Dimitra C. Schield Z 332 847 963 431 S. York Street 4b. Service Type Mechanicsburg, PA 17055 0 Registered Certined o Expre.. Mall 0 Insured o Rotum flecelptfor Men:hancl.. 0 coo 7, Oelo 01 Oellv ry . /lIt'{ 8. Addres eo s Addre.. (Only If requested end f.. Is paid) I also wlsh to receive the fOllowing services (for an extra fee): 1. 0 Addre...e'. Address 2,~e.tricted Delivery 102595.97.a""9 Domestic Return Receipt t y-Id}-l-l- II f}" i I I ji al Ii el i: II: m. e' .' " ,2' L !, ( ( ...,.. ..,.. ~ >- C~) ~~' ~r; L!.~t;~ .. ~) C": '.) ;~ (.;J fi: :'.-, ::~ .~ ...::: .1._ f ~ -- ;1 ;(:! ~ C) ~':' ,~ I n fa .... ,~ ,,' :J ( :!j <~ l ;.-. lJ.:: ;.:: L. .. eJJt'J ~:~~ 'Cl:r.. t.!_ ~:) c; .7:) U ( { '.: SAIDJS, GUIDO, SHUFF & MASLAND 26 W. High SIn:.1 C4tUsJe, PA PATRICK B. SCHILD, Plaintiff I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9/J-.s,~ C/....,'l 'kl2.n\ v, DIMITRA C. SCHILD, Defendant I IN DIVORCE COMPLAINT UNDER SECTION 3301(~ OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Patrick B, Schild, who currently resides at 431 S. York Street, Mechanicsburg, CUmberland COUnty, PA 17055, 2, Defendant is Dimitra C, Schild, who currently resides at 431 S. York Street, Mechanicsburg, PA 17055, 3, The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately preVious to the filing of this Complaint, 4. The Plaintiff and Defendant were married on 9/30/95 in Harrisburg, PennSYlvania. 5, There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to partiCipate in counseling. Having been so advised Plaintiff does not deSire the Court to order counseling. 7. The marriage is irretrievably broken. .... ..:1' ",- ~r ~ ~ : - ,- I... {j ... - G; I ~ I ~ :.~ i ..'. J. - ( ) ~ " ':.' ~ ("i"J " . ~, .~ :~i l~_ r'. (;.' ~: 0.1 . ,<,j C,~'- I ,: ::'; UJ--- .,',- C." : .~ -, i'~j li~ _:.1 L,.: ("'1 ,.:: L'_ ."j,-- 11- e.-) =::i u 0' u . :. o <.t) tJj {'- - "t.9- >-- ?f, .Q. ~'-d V1(Z ( o 8 o ~fj ~ I L'" C'- J - ~ ! "==1\ ()d r<1 ro .:('- "':J .... " ;'., . PATRICK SCHILD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No.: 98-566 Civil DIMITRA C. SCHILD, CIVIL ACTION - LAW IN DIVORCE Defendant DEFENDANT'S AFFIDAVIT OF CONSENT. ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREEE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 2, 1998. 2. Defendant acknowledges and accepts service of the Complaint on February 11, 1998. 3. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. SAlOIS SHUFF, FLOWER & LINDSAY 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. ATIURNEYS'ATIlJ\W 26 W, IIIgh 5Ir", Carlisle. PA I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S. Section 4904 relating to unsworn falsification to authorities. DATED: ~~~~/,\;~~ Defendant ( '- ..:l' ~ f~ c ..~~ '5 U.lC:' G C):O-:: C)~.' .- (.J/; n::~;' ' .'- ..I';: 'J;'~ (~.-) 1:-, ..~ 1 l '11 ~Gi c.! '. 7' U.lt. ~I'~~ ~!l"., .-- ;.llLu ,'- :~ ". ,'UCl.. ,. ~ ::.E lJ.. :-..J I.'J 0 U PATRICK SCHILD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No.: 98-566 Civil v. DIMITRA C. SCHILD, CIVIL ACTION - LAW IN DIVORCE Defendant PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREEE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on Februal:Y 2, 1998. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree of divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS'AYtV.W 26 W, IIIgh 5".01 Carlisi.. PA I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 :::::~ng ,o~~:~~~;alaifina'ion~~hor~~~ patrick sc.i:ct plaintiff \ I '- S:r. u:~; fl.-- f.'~; ()' , .~ C ti.: I,;. ," "'" ~ 8~ '7\::::; .'--.- ./tfn .1% .....;.. ,tli!.i ;'.)C.1.. ..;:. "5 u - ..... "'.~: lJ"') ~, ';,:-;( :c o i; ., ~ request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. With respect to the agreement relating to economic claims, the agreement is going to be placed on the record in the presence of the parties and the agreement as stated on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Consequently, after the agreement has been transcribed, counsel and the parties can review the agreement for typographical errors, make any corrections as necessary, and then sign the document affirming the terms of settlement as stated on the record. In any event, when the parties leave the hearing room today, they will be bound by the terms of the agreement as stated on the record even if the agreement is not subsequently affirmed by signature of the parties. Following the return to the Master of the completed agreement, the Master will prepare an order vacating his appointment and counsel can then prepare a praecipe transmitting the record to the Court requesting a final decree in divorce. Ms. Kopecky. MS. KOPECKY: The parties agree to the following terms: , , 1. The marital residence located at 431 South York Street, Mechanicsburg, Pennsylvania, shall be promptly listed for sale. Both parties agree to sign all documents as necessary to effectuate said sale. From the proceeds of the sale the Defendant will receive $2,000.00. All remaining proceeds will be the property of the Plaintiff. In the event of a refinance, the Plaintiff can keep the premises but $2,000.00 shall be paid to the Defendant. In any event, the sum of $2,000.00 will be paid by Plaintiff to Defendant within four months of the execution of the affidavits of consent to divorce. The real estate will be listed for sale at least for the appraised value of $106,000.00. 2. Any personal property in the respective parties' possession shall be retained by that party. 3. The Defendant waives any interest she may have in the Plaintiff's 401(k) plan, pension plan, or other plans that he holds at Giant Foods. 4. The Plaintiff waives any interest that he may have in Defendant's AIM fund. 5. The Plaintiff waives any interest that he may have in the lawsuit as filed by the Plaintiff against Dr. Kundu, et al. 6. The parties further waive any spousal support, alimony, alimony pendente lite, or counsel fees as against the other. The alimony pendente lite/spousal support paid currently through the office of Domestic Relations in Cumberland County shall terminate the date of the signing of the divorce decree. If there are any outstanding arrearages through the office of the Domestic Relations Office, the Plaintiff will be responsible for said arrearages. 7. The parties mutually waive any interest that they may have had in the bank accounts respectively held by each party. 8. The Plaintiff will cooperate as necessary to allow the Defendant to effect COBRA coverage for medical insurance purposes. 9. Both parties agree to execute any documents as necessary to transfer or waive any interest in the above accounts. 10. The Plaintiff will assume any and all liability that the parties may have regarding the $12,000.ao loan to his parents, Don and Beth Schild, and will indemnify the Defendant from any loss thereon. 11. 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, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. 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 interest, rights, and claims. MS. KOPECKY: Patrick, did you hear the terms of the agreement as I have spelled them out to the Master? MR. SCHILD: Yes. MS. KOPECKY: Are you in agreement with those terms? MR. SCHILD: Yes. MR. ESPOSITO: Dimitra, have you been present throughout the recitation of the terms of the agreement? MS. SCHILD: Yes. MR. ESPOSITO: Do you agree with all of those terms? MS. SCHILD: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of ~~ I 1 l ' . ftfiAILV- .~. )(-HILD P}A) ()HFf ~I'm'lfM c', ~;~IU) 'Wfi)?lV1T IN TilE COURT OF COMMON PLEAS OF CUMOERl.AND COUNTY, PENNSYLVANIA CIVIl. AC'J'ION - I.M~ NO. q9/~0 CIVIL 19 IN IHVOHCE STA,]'US SIIEE'J' ACTIVITIES: ---- ..- ~--- ( (; '1/ "Pol ~fr1~~ \~/. 173 ) 1\ .1J') /1'1 ~:DI)fJn I / :-?:'p-f).VYl. oJ:.D ~"lolu.( - /, ;.d I s;,f I; "0 /" iI"v\ .- / I -Mibfza ctfrh ~~ - ?.v;~Lt:) ..rK (1........",( c..f:"/~'...t.V."/F;;C:l_'i'-V.A'~-';~~--"- ;rVr,~,/;y',J) CI'1,lfU''(.A<! f/...&J c.,'. ..'/U.I,..I!/J;1::..a d- v/t:;......,7::t 6 c:~ 7!Atu..t"t.u, -p-,,/);:'A.J"<;U;;:.1~- U-r7'i'/J'f"Y'{.-<-d ~_~ ../~'S'} ~1~'I.,- ~L~"t,,-,,,A.1: !tjJ _ '1.'J.r'.l.,;' 'f._~.(.t,."'J.,; CtA1e'..:PJ;'-" I --"'_ . ~NJ-"-" {JJ{uJ>\(I-t! 4.,P_&fIJIIJ (/'''l ~,^, ,'''.r:.~I.f/''P / AI...... ll)14.Jlt.:... IAJ-\J.I?:C,-,"" f'L'j\OJV '-(ft, u",',oiJ..J\ "t,'t':,/~b...V /.UA Of-p l"-1.A:t..^<-;:t~ - {~7~~0- ~ \1\) ~\-~ ~ ~ ,. 1 THE MASTER: Present for the Plaintiff, Patrick 2 Schild is attorney Johnna J. Kopecky, and present for the 3 Defendant, Dimitra C. Schild is attorney Paul J. Esposito. 4 A divorce complaint was filed on February 2, 1998 5 rasing grounds for divorce of irretrievable breakdown of the 6 marriage. The parties have been separated since February 27, 7 1998, a period in excess of two years. The divorce can, 8 therefore, be concluded under Section 3301(d)or under 3301(c) 9 if the parties will sign mutual affidavits of consent. At 10 the conference to be scheduled counsel should be prepared to 11 ask their clients to sign the affidavits and waivers; if 12 those are not to be signed, then the Plaintiff should file an 13 affidavit under Section 3301(d), averring a separation in 14 excess of 2 years. 15 The economic claims in the case raised by 16 counterclaim filed on March 19, 1998, are equitable 17 distribution, alimony, alimony pendente lite and counsel fees 18 and costs. 19 There were no children born of this marriage. 20 Counsel and the Master have reviewed the list of 21 assets and discussed the pending issues in this case and 22 before the parties go to the expense of preparing the case 23 for trial, we are going to try to resolve as much as we can 24 with a conference before a trial. 25 Counsel are going to put on the record what they 2 ~ 1""\ 1 intend to do in order to prepare for the conference to give 2 us some opportunity to discuss the issues before hiring 3 experts and to do all of the appraisals and evaluations which 4 may be required. 5 I will ask Ms. Kopecky if she will state on the 6 record your intentions regarding preparing for the 7 conference, what you may need from the other side to do. e MS. KOPECKY: First of all, my client will secure 9 an appraisal on the property, on the marital property, so 10 that we can get an exact valuation. 11 THE MASTER: Would you identify the property you 12 are going to get appraised? 13 MS. KOPECKY: It is 431 South York Street in 14 Mechanicsburg, Pennsylvania. 15 We will also get a statement showing the exact 16 payoff to Way Point Bank, formerly the Harris Savings Bank, 17 as far as the mortgage balance on the property. 18 We also will need from Defendant's attorney the 19 mari.tal value of the mutual fund that r.is client holds, as 20 well as the status of the personal injury suit that is 21 pending on a medical malpractice claim. 22 THE MASTER: Mr. Esposito. 23 MR. ESPOSITO: Off the record. 24 25 (Discussion held off the record.) THE MASTER: Back on the record. We had an off the 3 ~ -- 1 record discussion regarding the payoff dates that we may use 2 to get the payoff on the mortgage. Ms. Kopecky. 3 MS. KOPECKY: I can provide the payoff from the 4 bank for the date of separation value, which is approximately 5 February of 1998, the first time the property went into 6 foreclosure; the second time the property was in foreclosure, 7 which is believed to have occurred on or about November of 8 2000; as well as the date of conference separation value. 9 THE MASTER: The date of conference... 10 MS. KOPECKY: Mortgage balance. 11 THE MASTER: Off the record. 12 (Discussion held off the record.) 13 MR. ESPOSITO: The Defendant will produce an 14 inventory of the personal property she removed from the 15 marital residence at separation. She will provide statements 16 and in lieu of statements, at least the amounts that she took 17 from the Harris and Belco accounts and what she contends the 18 Plaintiff would have received from those accounts. 19 She will provide the balances in her mutual fund as 20 of the date of marriage, as of separation and the current 21 value. 22 She will provide a report of the status of her 23 pending medical malpractice claim and confirm whether or not 24 there is a consortium claim for Plaintiff. 25 THE MASTER: Off the record. 4 ~ ~ 1 (Discussion held off the record.) 2 MR. ESPOSITO: Defendant is requesting that 3 Plaintiff provide verification of the amount of the 1997 4 Federal income tax refund and what disposition was made of 5 those proceeds and a statement or other verification __ off 6 the record. 7 (Discussion held off the record.) 8 MR. ESPOSITO: Plaintiff will produce a statement 9 showing the balance of his 401K plan as of the date of 10 separation. Off the record. 11 (Discussion held off the record.) 12 THE MASTER: And verification of the actual amount 13 received by husband. 14 Would you for the record state the address of the 15 Defendant so we can mail the notice of the conference to her. 16 MR. ESPOSITO: The Defendant's current address is 17 5005 Seneca Drive, Mechanicsburg, Pennsylvania, 17055. 18 THE MASTER: A conference with counsel and the 19 parties is scheduled for Monday, April 16, 2001 at 1:30 p.m. 20 Notices will be sent to counsel and the parties. 21 (Proceedings concluded at 11:25 a.m.) 22 23 24 25 5 ., RESCHEDULED CONFERENCE WITH COUNSEL AND THE PARTIES TO: Johnna J. Kopecky Patrick B. Schild , Counsel for Plaintiff , Plaintiff Paul J. Esposito Dimitra C. Schild , Counsel for Defendant , Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 14th day of May, 2001, at 2:00 p.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: April 16, 2001 E. Robert Elicker, II Divorce Master CONFERENCE WITH COUNSEL AND THE PARTIES TO: Johnna J. Kopecky Patrick B. Schild , Counsel for Plaintiff , plaintiff Paul J. Esposito Dimitra C. Schild , Counsel for Defendant , Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 16th day of April, 2001, at 1:30 p.m., \ , I with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of i i settlement of claims. If issues remain after the conference a hearing will be scheduled at another date. Very truly yours, , Date of Notice: March 20, 2001 E. Robert Elicker, II Divorce Master " NOTICE OF PRE-HEARING CONFERENCE TO: Johnna J. Kopecky , Attorney for Plaintiff Paul J. Esposito , Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover street, Carlisle, Pennsylvania, on the 16th day of March, 2001, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 1/11/01 E. Robert Elicker, II Divorce Master Johnna J. Kopecky, Attorney for Plaintiff, has not filed a pre-trial statement as of the date of this notice. Paul J. Esposito, Attorney for Defendant, filed a pre-trial statement on December l5, 2000. ., equity of $21,000.00. Husband has been making all mortgage payments since the parties separated, including the avoidance of a foreclosure action. III. PERSONALTY It is believed that wife took ove~ $10,000.00 of personal property when she left the marital residence, exact value of assets unknown. She left husband with a refrigerator with a value of about $650.00 and an entertainment center with a value of $200.00, all the rest was his pre-marital property. IV. CASH AND INTANGIBLE PERSONAL PROPERTY a. $3,500.00 to $4,000.00 from Harris Savings, which wife took at the time of separation. b. Belco Federal Credit Union, several hundred dollars that wife took at separation. c. Husband's 401K in the approximate amount of $1,880.00, which was cashed out in order to pay joint marital bills. d. Mutual fund owned by wife, marital value unknown. e. Giant Food pension, no value at this time as her husband is not vested in said pension plan. SAIDIS SIIlJ!'li f'PWER &UNUSAY Al~n.u,IAW f. Personal injury suit proceeds which wife received, 26 W. Blah Sired Carlisle, PA value unknown. 2 V. LIABLITIES a. $12,000.00 borrowed from parents, Don and Beth Schild in order to avoid foreclosure. The bankruptcy debts which were discharged: husband paid the filing fee of $1,000.00 to Dorothy Mott, Esquire. VI . WITNESSES a . Husband b. Don and Beth Schild, parents of husband, to testify about the nature of the loan c. Other possible witnesses that have seen wife working 6 days a week for long shifts to counteract her health claims VII. EXPERT WITNESSES The only possible anticipated expert witness would be a vocational expert to testify as to wife's income potential and employment abilities if she is still claiming alimony. VIII.RESOLUTION OF ECONOMIC ISSUES Husband believes that due to a small amount of equity in the marital home, the fact that he has to repay his parents SAlDIS SHUffi. fiOWER &UNUSAY .u~-n.u.IAW and the thousands of dollars in personal property and bank 2Ii W.1IlIh 5tnd Carlisle, PA accounts that wife took will cancel each other out. Husband desires wife to sign the deed to the house. No alimony is 3 warranted and neither are counsel fees. As husband has been living in the marital home and paying all marital debts, a fair rental value would not be attributed to the Defendant. Date 1-(1.01 Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Joh Att ney I~ . # 53147 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff ) ,\ , I j 4 5, I NCO/vlE STATEMENT, - Defendlllll's Income ali(I Expense Slatemcnt will be provided, 6. EXPENSE STATEMENT, - Defcndant 's Income and Expense Statement will be provided, 7. PENSIONS. - Plaint ill' participates in a 40 I k plan and Defendant belicves Plail1lill'also is a pal'licipanl in Ihe Giani Foods, or its parent company's. pension plan. Dcfcndanl has no pension or retirement benelils, 8, COUNSEL FEES. - Defendant will pursue her claim for counsel lees, 9. DISPUTED PERSONAL PROPERTY, - Unknown. 10, MARITAL DEBTS. - Defendant is aware of the mortgage to Harris Savings Bank againsllhe marital real eslale. II, RESOLUTION OF THE ECONOMIC ISSUES, _ A. The parties' marital assets shall be equitably divided consistent with the lactors set forth in the Divorce Code, as amend cd. B. Defendant is seeking indclinile alimony, an award of counsel fees and thc maintenance ofhcalth/medical insurancc Ihrough Plaintill's cmploycr's plan, and thcrealler, Plail1lill' shall pay all or part of Dcfcndant's mcdical/health insurance prcmiums. C, Defendant is cntitled to reimbursemcnt representing the fair rental value oJ'thc marital real cstate, which has bcen occupied exclusivcly by Plaintifl'since the parties' separation in 2 Junuary, 1998, Respectfully submitted, GOLDBERG, KATZMAN'" SIIII'MAN, I'.e, By l;Gtltt/lIUc/ PAU (.(J , ESl'OSITO, ESQUIRE 320 Markei Street Post Office Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Supreme Court I. D, #25454 Auorneys for Defendant 3 ~ ~ o g: Ii II :.:; ,,' ... '!: 0 ... D VI '" ." '~ ... ~ -:: :g -:: -:: ~ ~ :I:~ Z Z z z Z u ;; Q " u u ~ :.:; ~ ... 0 'D :!: :!: -:: :!: -:: g: - - w '" Z Z Z Z Z ... " 0 u !! :.:; u :Ij " ~ ~, ;; " z -:: t: -:: -:: -:: -:: "- 0 :;;: Z Z Z Z Z ... 0 ... :Q 0 " E " I"- :.:; " > '~ I"- 0 - '" E " ~i? -:: -:: ~~ -:: -:: :!: -:: -:: Z - - - VI - Z Z Z Z 1) "" ... " u ;; 1'i + 0 ::- 0 '" ] 0 ... 0 ~ - I"- ~ 0 ~ '" t: -'! 0 0 0 ~ " 0 " '" U ... 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" Co ..,. - [[I c:; . . -i -:i = - t"'1 '" on -:: !- i .-.: :; NON.MAIUTAL I'ROI'EIn'Y Item No. Description of Pro ert AIM B MulUal Fund (pre-marital portion) Namcs of All Owncrs Currcnt Valuc Rcason for Exclusion Acquircd prior to marriagc I. w 2, 3. 4, MARITAL PROPERTY TRANSFERRED Item No, Descriplion of Property Owncrs Date of Acquisition Cost/Va\ue at Acq, Date of Transfcr Valuc as of Transfcr Datc I. 1994 Chevrolct Lumina H & W 4/24/97 $13,000,00 6/16/98 2. 3. 4, '( I ~ ~~ , ' . . Ms. Kopecky and Mr. Esposito, Attorneys at Law 22 November 2000 PaQe 2 'I , Inasmuch as the parties have been separated for a period in excess of two years, we will not need to proceed on fault ground issues; however, if both parties are not willing to consent then I request that the moving party file an affidavit under Section 3301(d) so that the divorce grounds will not be an issue in the future. ( "\' , t, 1 ' In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Monday, December 18, 2000. Upon receipt of the pretrial statements, I will immediately schedule a pre-hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. , .. Very truly yours, J E. Robert Elicker, II Divorce Master J \ , I NOTE: Sanctions for failure to file pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. ! THE ORIGINAL PRETRIAL STATEMENT SHOULD BE fILED IN THE MASTER'S OFfICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO fILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING V ACA TED. ~ " ~ rt I,' I '. I.AW OPI'ICUR !~: , , GOLDDERO. KATZMAN & SHIPMAN. P.e. RONALD M. KATZMAN PAUL J, [SPOSITO NCIL HCNDCRSHOT J. JA" COOPCR THOMAS [, BRCNNCR JOHN A. STATLCR APRIL L, STRANG.KUTAY GUY H. BROOKS JCFFCRSON J. SHIPMAN JeRRY J. RUSSO MICHAeL J. CROCCNZI THOMAS J. WCBeR ARNOLD B. KOGAN ROYCt L. MORRIS tVAN J. KLINt, III JOHN DeLOReNZO STtVCN t. GRUBO JOHN R, NINOSKY l)L!O MAIlHUT RTUlmT ATIlAWI1IUUlY HOtJAIlK 1',0, IIOX u!On II A IUU!'Il1tJ uo, IIRN'N'!'IYI.vAN'IA 1710n.luon TRLRIIIION'R: (7171 U04.41111 I'AX: (717) I.!04'0nou , 'I. OF COUNSCL ARTHUR L. GOLDBCRG r, Ltt SHIPMAN JOSHUA D. LOCK YORK ornCt: 17171 043.7912 , Iii i HARRY D. GOLDBCRG U981.19901 IITTI":l/WWW.OK!.ILAW.COM CARLlSLC Of'F'ICC: 17171 245.0597 March I, 2000 , '. '.. E. Robert Elicker, II, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 l j 1 , Re: Patrick B. Schild v. Dimitra C. Schild No. 98-566 Civil ~ i 1 \ , I Dear Mr. Elicker: Enclosed please find the Certification in the above-referenced matter, indicating the documents necessary from Plaintiff to complete discovery. J PJE/vyc Enclosure You~s very truly, (Ifi 1 ~llct 'r:l-ui Paul . Esposito Thank you for your attention to this matter. cc: Jacqueline M. Verney, Esq. (w/enc) r ..,~ '- CERTIFICATE OF SERVICE I. Karl R. Hildabrand, Esquire, of the law firm of MClZger, Wickersham, Knauss & Erb, P.C., hereby cerlify that I served a true and exact copy of my Entry of Appearance with reference to the foregoing action by First Class Mail, postage prepaid, this ...!.Q. day of March 1998 on the following: Johnna J. Deily. Esquire SAIDIS, GUIDO, SHUFF & MASLAND 26 W. High Street Carlisle, PA 17013 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. d~~~~T~ Karl R. Hildabrand, Esquire Docwn!!", II 13"9]8 >.. ~) cr, (: j:2:: lr. ~,< 1,I,IC: ') c.> , , p.: (-"~: > C..< ni (' , C'o~) <-t~ " , I i , , ...c, 1 :-d , " t!. C'l ; L' , :.) " :...-"...... lm)~ PATRICK B. SCHILD, Plainlifl' : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. DlMITRA C. SCHILD, Defendant : NO. 98-566 CIVIL TERM : CIVIL ACTION - LA W IN DIVORCE NOTICE TO: Patrick B. Schild, Plaintiff c/o JohnnaJ. Deily, Esquire Saidis, Guido, Shuff & Masland 26 W. High Street Carlisle,PA 17013 You are hereby notified to file a written response 10 the enclosed Answer to Complaint wilh Counterclaim of Defendant, Dimilra C. Schild within twenty (20) days from service hereof or a judgment may be entered against you. METZGER, WICKERSHAM, KNAUSS & ERB, P.C, March 10. 1998 Dale ~;....~~~., Karl R. Hildabrand, Esquire I.D, No. 30102 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Defendanl ~ . DtJC:uml!1II II IJ09JJ ..~ u-l; i -! i..\ PATRICK B. SCHILD, PlaintilT IN THE COURT or COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA v. : NO. 98-566 CIVIL TERM DIMITRA C. SCHILD. Defendant : CIVIL ACTION - LA W IN DIVORCE ANSWER AND COUNTERCLAIM I. Admitted. 2. Denied, It is admitted Ihat Ihe Defendant is Dimilra C. Schild. It is denied Ihat she currendy resides at 431 South York Strcel, Mechanicsburg, P A, 17055. 3. Admitted. 4. Admitted, 5. Admitted. 6. No answer requircd. 7. Admitted. COUNTERCLAIM COUNT I Divorce 8. The averments of paragraphs 1-7 of Plaintiffs Complaint and paragraphs 1-7 hereof are incorporated herein by reference. 9. Defendant is Ihe innocent and injured party, and Plaintiff has offered such indignities to the person of the Defendant and has been mentally cruel to her so as to make her Doc,"n~n'NIJ09Jj life burdensome and her condition intolerable, in violalion of the mnrriage vows nnd oflhe Inws of the Commonwealth. 20. The marringe is irrelrievably broken. WHEREFORE, Defcndant rcquesls this Honorable Court to entcr a Decree in Divorce in accordance with the Pennsylvnnia Divorce Code. COUNT II Equitable Distribution 21. The avennenls of paragraphs 1-20 hereof arc incorpornted herein by reference. 22. The Defendant request the court to equitably divide, distribute or assign the marilal property between the parties in such proportion as the court decms just after consideration of all relevant factors. WHEREFORE, Defcndant requests Ihis Honorable Court 10 equitably divide said property in accordance wilh section 401(d) of the Pennsylvania Divorce Code, COUNT III Support. Alimony Pendellle Lite and Alimony 23. The averments of paragraphs 1-22 hereof are incorporated herein by reference. 24, Defendant requires reasonable support to adequately sustain herself with Ihe standard of living established during the marriage, /Jocllm!!'" II /30935 WHEREFORE, Defendant request an awurd of sup pori, alimony pendente Iile, and alimony. COUNT IV AI/Ol'lley's Fees und Costs 25. The averments of paragraphs 1-24 hereof arc incorporated herein by refcrence. 26. Defendant is unable to suslain herself during the course of this litigation and has employed Karl R. Hildabrand, Esquire, as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel, and Ihe necessary and reasonable costs and expenses. WHEREFORE, Defendant requests an award of counsel fees and expenses. WHEREFORE, Defcndant Dimilra C. Schild, prays this Honorable Court 10 enter judgment as follows: a.) Awarding Defendant a Decree in Divorce; b.) Awarding Defendanl Support, Alimony Pendente Lite, and Alimony; c,) Awarding Defendanl counsel fees, costs and expenses; d.) Equitably distributing the marilal property; and Doc,"n~n'NIJ09J5 I'ATIUCK B. SCIIILD, 1'llIlnllff IN TilE couln OF COMMON "LEAS OF CUMBEJ{LAND COUNTY, I'ENNSYLVANIA V5. CIVIL ACTION - LAW NO.9H-566 CIVIL TEltM ; . ~ t ()JMITltA C SCHILl>, Defendllnl IN ()JVOltCE MOTION FOJ{ APPOINTMENT OF MASTEJ{ Patrick D. Schild, Plainliff, moves the court to appoint a muster with respcctto the following claims. (X) Divorce ( ) Annulment (X) Alimony (X) Alimony Pendcnte Lite (X) Distribution of Property (X) Support (X) Counscl Fees (X) Costs und Expcnses and in support of the motion states: (I) Discovery is comp1cte as to the claim(s) for which the appointment of a master is requested, (2) The defendant has appeared in the action by her attorney, Paul J. Esposito, Esquire. (3) The statutory grounds for divorce arc 3301(d). (4) Delete the inapplicable paragraph(s): (a) The action is contested with rcspectto the following claims: Alimony, Alimony Pendenle Lite, Distribution of Property, Counsel fees and Costs and Expenses. (5) The action docs not involve complex issues oflaw or fact. (6) The hearing is expected to take live to eight (5-8) hours. (7) Additional information, ifany, relevant to the motion: None. ~\,' )'h 1/' ~t_,.....~_t _~,' ., . .~-"" '.-, , ..,.. )acquelinc M, Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff ?j Date: ,,~ - ~) .- c. () ORDER APPOINTING MASTER AND NOW, tV 3 ,2000, t:.U~Ud~ Esquire is appointed master with res ectto the following claims: J. IN THE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA DOHBSTIC RBLATIOHS SBCTION CARLISLB, PA 17013 PHONE: (717) 240.6225 FAX: (717)240-6248 Plaintiff Name: Patrick B. Schild Defend~nt Name. Dimitra C. Schild Docket Number. PACSES Case Number: Other ID Number. Please Note: All correspondence must include the PACSES Case Number (IF YOU ARE SELF-EMPLOYEO OR IF YOU ARE SALARIEO BY A BUSINESS OF WHICH YOU ARE OWNER IN WHOLE OR PART, YOU MUST ALSO FILL OUT THE SUPPLEMENTAL INCOME STATEMENT WHICH APPEARS ON THE LAST PAGE OF THIS INCOME ANO EXPENSE STATEMENT,) INCOME STATEMENT OF. PATRICK B. SCHILD I VERIFY THAT THE STATEMENTS HADE m THIS INCOME AND EXPEUSE STATEMENT ARE TRUE AIm CORRECT. I UNDERSTAND THAT FALSE STATEMEUTS HEREW ARE SUBJECT TO THE CRIMWAL PEUALTIES OF' 18 PA.C.S.!i4904, RELATING TO lJUSWORN FALSIFICATION TO AlJ'l'HORITY. (J~ )J// PLAWTIFF f 3- n~o I DATE INCOME. EHPLOYER. GIANT FOOD STORES ADDRESS: 1149 HARRISBURG PfKE. CARLISLE. PA 17013 TYPE OF WORK: COMPUTER PAYROLL NO. GROSS PAY PER PAY PERIOD $576.92 PAY PERIOD (WKLY, BI-WKLY., ETC.) WEEKLY ITEMIZEO PA YROLL DEDucnONS FEDERAL WITHHOLDING STATE INCOME TAX CREDIT UNION' OTHER DEDUCTIONS (SPECIFY) MEDICARE 98.01 SOCIAL SECURITY 16. OJ RETIREMElIT 35,49 LoCAL WAGE TAX SAVINGS BONDS LIFE INSURANCE HEALTH INS~ICE OPTI~WAGE TAX 8.30 UNIOU DUES TOTALS NET PAY PER PAY PERIOD $ 408,81 Service Type Page 1 of6 Form IN - 008 Worker ID 5.77 4,51 Income and ExpenDe Statement Number. PACSES CaDe IlXPENSIlS (Fill in Appropriate Column) continued WIlIlP: MONTH YIlAR Water Sewer EMPLOYMENT Public Transportation 125,00 Lunch TAXES Real Estate Personal Property Income INSURANCE Homeowners Automobile 60,00 Life 54,00 Accident Health Other AUTOMOBILE Payments Fuel Repairs MEDICAL Doctor Dentist Orthodontist SeNlee Type Page 3 of6 Form IN - 008 Worker ID Income and Expense Statement Number. PACSES Case IIXPBNBIIB (Fill in Appropriate Column) continued WBEK MONTH YBAR Hospital Medicine Special Needs (glasses, braces, orthopedic devices) EDUCATION Private School Parochial School College Religious PERSONAL Clothing 100.00 Food 300,00 Barber/Hairdresser 200,00 Credit payments: Credit Card Charge Account Memberships LOANS 100,00 Credit Union MISCELLANEOUS Household help Child Care Papers/Books/Magazine 30.00 Entertainment Pay TV Vacation SeNlce Type Page 4 of 6 Form IN - 008 Worker IO Income and Expense Statement Number. PACSES Case BXPBNSBS continued (?111 1n Appropr1ate Column) MONTH YBAR WBEK aifto Legal Fees Charltabla Conlrlbutlons Other: Child Support Alimony 50,00 447,00 Payments OTHER: Total Expenses 2716.00 Property Owned Value OMlersh.ip · H Pi J Description Checking Account(s) Savings Account(s) Members l' FCU Members 1 FCU 200.00 25.00 Credit Union Stocks/Bonds Real Estate Other Total Insurance Coverage * Company Policy II J H w Hospital: x x Medical: Service Type Page 5 of6 Form IN - 008 Worker 1D \ OTHER INCOME WEEK MONTH YEAR Interest $ Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Compensation Workmen's Compensation IRS Refund Other Other TOTAL $ $ TOTAL INCOME $ EXPENSES WEEK MONTH YEAR Home Mortgage/Rent $ Maintenance Utilities Electric Gas Oil Telephone EXPENSES (cont'd) WEEK $ ("'" f",") MONTH $ (') ~~ YEAR $ ( j ("" Water Sewer ("T Employment Public TransportaLlon $ ("") Lunch (,) (') $ (~) (I) Ie J $( ') ( ) Income ( ) rJ $('1) C U C) $ (') C (..-/ Real Estate (') $ ~ Taxes Personal Property Insurance Lire $ () . ( ') (0) (0) ('\) ('J $ ('.... LLf C ( J r u $ ~ "f )' (nL A ~ ~ CJ Homeowners Automobile Accident Health Other Repairs C) $ ('') r() n ( ) $ (""'\ 7""> .) (~ ( ") $(...... ~ l-J/ !? ( j7) Automobile Payments Fuel Doctor (") $'--'" I / - ~ '.L $!I"~'),*,{ ) rr eVe YJ'eS) Medical $ EXPENSES (cont'd) WEEK MONTH YEAR Dentist $ $ $ Orthodontist ( ) 0 ( ") _ fl. Hospital ('2 ) c~C!Ullt-V In Medicine ( ) )... ~()+ -zlb ( aQ,m ~ Special needs (glasses, \.- braces, orthopedic () (') a devices) Education CJ () ~ Private School $ C) $ (~ $ ~ Parochial School A (J U College ~ .5< '7.4/ ax x, Cf9. Religious ('') I) r.... Personal CJ () ~ Clothing $ a $ ?( If) $ ;:; ('/( ) Food (' ) T" -C 1) Barber/Hairdresser (J () ;/('7) Credit Payments Credit Card (i) FJ ((]('f() Charge Account Memberships "" C' ) ( 'J - Loans (') C) (4) Credit Union $ ['j $ () $ ~ - - Miscellaneous (') ~ () ( ) Household Help $ (') $ ('7 ) $~ es) ~.s EXPENSES (conL'd) WEEK MONTH YEAR Child Care $ $ Papers/Books/Magazine Entertainment Pay 1V Vacation Girts Legal Fees Charitable Contributions Other Child Support Alimony Payments Other $ $ $ . \ , I TOTAL EXPENSES $ $ $ ! ':l ,~ , , I -- ---------1 :.j~~~~.~.;.;'87.--------..,--- -------- --a-----.-l I-t[~"''''''''~''''"'''''ll''(-''-~--'_._---''----'-----' I DIMITRA SCHILD I I ~gg~A~~g~~~RgR PA 17055 i CoPY'S Ti,SoFl1cid WltKErnploy....- -. I FEOERAL Tax Roturn ~.-~t.I~---_. , .. .._1'_____ -- --..-....- 2000 ~~ .. ,"""..!nt_., , 5150.00 650.00 I .. j _ ..... I 1.....-;...,.,..----;-' ,3150.00: 319.30 ' !_2 3- 2 9~~52L 1:=~~~;~._;:52~~0]~ij;..~~''':.;i.._;~~;.:_:i 1.'~H~~;~'__;~~;oPANos I LITTLE RICHARDS rAM REST i 5238 SIMPSON rERRY RD 1'.._ MECHANICS BURG PA 17050 ctl!""'"'"..I-....,nn,~ : 160-52-9783 !""";~~7;~'" ~~~~~~----. -.--- -~-- , 5005 SENECA DR i MECHANICSBURG PA 17055 !'..........."':::-::l'''''''....... iIO~U..~~~.~-hn~Mdpr_ , I ihs......~..loln I I , fts-----r-~t~ , _, le~.,- - Ootcund r~ I l__n__________ _____._: p_,... ltp,f'll o.lttltd e... ; IPAI232056558 11Is'*I.......,..........0. 5150.00 14 4.00 11 Sbl."......Hl:. ZOLKltw.....Hl: 5150.00 11 StMe__Ur Jlloul__... "- i \'lEST SHR 51.50 _____...i.-______+ o.pt ol"'tTIf....,.oIRS ,...lftW1Wtg.MdT..S_ t....._...._...........-......._R_s..-. [Copy C'FdrEMPL-oYEE'S'RECORO" l(~ ~~~. 10 Employo. on back of Copy B,) i' DI ~rv-........~ ; 5150.00 :I.......QO'lly....oe. :i>-tiii"~iti... 3150.00 JU_......IIII....... I 2000 ?.=o. I tFtdtftl--"'~ I 650.00 1;;;cj:ij"ii'Mty......flfi~- i 319.30 IUMUr.....~ i 23-2056558 5150.00 74.68 IcE~"_."fl'.""'llPuW THOHAS L SCOROPANOS LITTLE RICHARDS rAM REST 5238 SIMPSON rERRY RD HECHANICSBURG PA 17050 td~""~I'cunly"""""" i 160-52-9783 '.E....,..'lna_..lIi'fll......zi, ! DIMITRA SCHILD 5005 SENECA DR HECHANICSBURG PA 17055 i ! P' .-..... t.o.~,..~~o. 00 I""'~'~_',"""J _ii:ltpt. IA60-.ElCp.,,,,,nt II~hd",---- Ue:tneiii.........e..1 I~ L P-fIl... .... , !It ::.tUcIry.....,.. I I PA 1232056558 l'ISWtE~",..tt1'lOr ~t_,_ ! \'IEST SHR l_ h""W,2W......'u5lllt....... OtI'tollht',utwtoIR5 'M...._III1ot-.g""-"'d.....InImItlRt"fflUtStNq Ilr-.l..I""'"rdlO......II.-m..~.,..,...., III ""'" 1*"","!N1 """""'"11II rw"h.lIIComt IIlulblt .....ytlII...lo rtpCll1 ~ Oe<<..rd l.,.ltp Do 5150.00 144.00 I1Slatt..~.""..1C 20 Loul.....,,,.d, 1I&lt1,_ul lILocIl_IU 5150.00 51. 50 -' Icopy 2 To'SoFllod WIth Employ.... 5la'o, City. Dr Locallncom. Tax Roturn t.e..............~- ~ .. - "W....~..f,.fI-" .-- - . 1 I ,~150.00 I f1Itcitl........,...lIfl- L'l~"iID;.t,~---. I 3150.00 ISUHt--......-i....-..---- --. 1.23-:2056558. i, 5150.00 .1'......,."..,,_..............,11"..,. THOMAS L SCOROPAN08 LITTLE RICHARDS rAIl REST 5238 SIMPSON rERRY RD MECIlANICSBURG PA ]7050 ! 2000 """... '~nOOOl :2,...1ii..i-_'"~.' '.I........i.......,....~5!l.,O..O _ 'II -I .___.. ~]9..~ .....4(..'u.~.. I i_____._7i:~ , ,;;;;;nc;EIC"'J'MI'.---t I r'soatliiCiiifti....-----,U...;:uitifipt. I 2000.00 ; IODq.;;;diftii:"'~~II&-'-.JII ~1,ilPi"-'--' --- 12b....I~..80IC-- "...~_......,,' --i"- I 115---,~~.---O<<Ui,<i-.--P~ii'"----l~ltp---bftcfitciC~ "",."". I ",.... 1.~r:mplof"".ItIIIIO' 17StM.............11C ~na.... :OlOCtl""III'...,..IlC WEST SHR 5150.00 L ___~-----.J.____ .___ ____ '_W,2W.gclllCl'nGUltmtrll 14 4 .00 llllU"~tu JllDClll_ta 51. 50 J Otpt.ol"'lr..,...,.IR$ ~OPnTO"'j'F1led'WI. Ih'EnlPlcfy.e's-5lalil~ 2000 ClU..., City, or Local Tax Return t~WOIII ...,....... 1'~-:-""'cor;..--!n~~T..WWww , 5150.00 I 650.00 . ~3-~cVirr"'III' "5ocNl'ccunfy"'~ i1E~iioN------1 3150.00 i 319.30 ~JUiikll------"'ii"-..n<I.. llu..iur....~ 23-2056558 5150.00 74.68 CE""*""".MIIII.tOdrfl.......lJP<Odt THOMAS L SCOROPANOS LITTLE RICHARDS rAM REST 5238 SIMPSON rERRY RD MECHANICSBURG PA 17050 i I 1 14~".'MOtI,--",,,,,,,,,,,,, I 160-52-9783 . ....."".._.tcklr".......bi>UOt I =i I I I DIMITRA SCHILD 5005 SENECA DR MECHANICSBURG PA 17055 l-s-tlIKullfy 'P' f.iiOUl'd~' [_V,_ 12.......~8OIl 2000.00 IOD-;::4.-,fCifilimi&ta- Ir~wpu.;i USt....M\_Iol80IU '''''''' s--s.......,.~t. ()i:~.."d p- I.,. 101'''''9 PAl 232056558 1161t"E~,""'IO' T.LloUily"..... WEST SHR 5150.00 144.00 17S1t.....".......c 20 LoctI ""."'., lop'. tIC. 5150.00 1.'....__... 21 UIIK_US 51. 50 flllllllw,nv.,.IIIdT..SWI'fNnl Otpt.,...r"lRrJ'o/RS IAME5 D. 1'I.001'E1l JOliN E. 51.1KE 1l0lllmT C, 5AIDI5 GEOFl'lmY 5, 51 lUFF lAMES D,FLOWEIl.)lt CAIlOL I, LlND5A Y jOllNNA I. KOPECKY KAIlL ~I, LEDEIlOHM 105EPH L. I JlTCIJlNG5 THOMA5 E, I'LOWER I.A IV OFFICE5 SAlOIS, SHUFF, FLOWER & LINOSA Y ,\ I'lll1FI~~SIONAL COIlPOIlATION 26 WEST IJlGII STllEET C,\Il1.JSLE. PENNSYLVANIA 171113 TELEPIIONE: (717) 2.13.6222 .I'ACSIMILE: (717) 2,13.(,IH6 Hf\.IAII..: l'llurn~}'@ssn.ln\\'.com w",w.ssfl-I.1W.C0Il1 wrIST SI.IOIlE OFFICE: 21()<) ~IARKlrJ' STllIn,r C/\MP HILL. PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE April 12, 2001 VIA FACSIMILE E. Robert Elicker, II Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 Paul J. Esposito, Esquire 320E Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Re: Schild v. Schild No.: 98-566 civil Dear Sirs: We currently have another Master's Pre-Hearing scheduled for Monday, April 16th at 1:00 p.m. The purpose of this is to narrow down the issues and to exchange further information for discovery. At the present time, although I believe the appraisal has been completed, the appraisal report has not been generated to me. Further, I have not received any additional information from opposing counsel regarding the status of the settlement on the personal injury claim, etc. . \ . , j i I therefore request that: we choose an additicnal d..te to get together and discuss the outstanding issues once we are in receipt of all necessary information. I " , :".... I ' I j Kindly advise if it will be necessary to meet on Monday, and if not, then a new date to be scheduled quickly once all the information is exchanged. Sincerely, JJK:tdm Ii " I I ! Johnna (HII.IIIIERt;, KATZMAN & SIIII'MAN, I'.C. AUUrlh.')'S I'm lll.!fcntllutt .\2U MI"kcl 51" 1',0, II". 1268 \Il1rri,IIl"~. I'A I7IU8.1268 (717)2.14.4161 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-566 PATRICK SCHILD, Plaintiff v. DIMITRA SCHILD, Defendant CIVIL ACTION - LAW IN DIVORCE ELECTION TO RESUME I'RIOR NAME D1MITRA CHRISTINE SCHILD, being duly sworn according to law, deposes and says that she is the Defendant in the above suit in which a final decree from the bonds of matrimony was entered on June 1,2001. That Defendant wishes to retake and hereafter use her prior name of DIMITRA CHRISTINE SCOROI'ANOS, and therefore, gives wrillen notice of avowing said intention, in accordance with the provisions of Title 54 Pa,C.S.A. ~704. , ~ ,. "","TIel (1 k..w,,,,, L),.1vJ. cL. DI TRA CHRISTINE SCHILD To be known as DlMITRA CHRISTINE SCOROPANOS ~xnJ:u, C~ "S<""'''''''..;) TRA CHRISTINE SCOROI'ANOS Sworn to and subscribed before me this.17r#-l Notary Public My Commission Expires NOTARIAl. SEAl. I.OUIS J. I.ORE, Nolary Public Camp Hill Boro, cumberland Co~nty My Commission E.P"~~ 1.\, 2U03 '\ " .... In lhe event ofu rcliuance, lhe Plaintifl'cun keep the prel1lises but $2.000,00 shall be paid 10 lhe Defendant, In uny evenl, lhe sUl1Iof$2,000.00 will be paid by Plaintifl'lo Defendant within lour 11I0nlhs oflhe cxccution Oflhc alliduvits ofcollscnllo divorcc. Thc rcal estalc will bc lislcd for salc alleasl lor thc appraised valuc of $106,000.00." 6, The real eslate referenced in Paragraph I of the parties' Settlement Agrecl1lent has not been sold, 7, Respondent has def.1ultcd on the mortgage which has resulted in the filing of a 11I0rtgage foreclosure against him, as well as Pelitioner, notwithstanding the fact that the Mortgage and Note involved are in Respondent's nal1le alone. 8, Judgment was entered against Respondenl in the mortgage foreclosure action on July I, 200 I, The action remains pending against Petitioner, 9. Respondelll has failed to make the payment 01'$2,000,00 due Petitioner on September 14,2001, as set forth in Paragraph I of the parties' Settlement Agreement. 10, Petitioner is seeking immediate payment in full of the $2,000.00 due under Paragraph 1 of the parties' Settlement Agreement, and reimbursement for all expenses, including attorneys' fees which she has incurred or will incur as a result of Respondent's failure to comply wilh the Agreemelll described hereinabove, WHEREFORE, Petitioner respectfully requests thai this Honorable Court enter an Order in accordance with Seclion 3502(c) oflhe Divorce Code, as amended, directing Respondent to immediately pay the sum 01'$2,000.00 to Petitioner, reimbursing her for all costs and expenses, including attorneys' fees, incurred in connection with the preparation and pursuit Oflhis Petition, 2 IInd IlIking Imy othcr Ilclions dccmcd IIppropriatc by thc Cuurtto cnsurc Rcspondcnl's complillnce with Ihc Pllrtics' Sclllcmclll Agrccmclll RcspcctlLllly submillcd, Dalc: J O)m!JL___ GOLDBERG, KATZMAN & SHIPMAN, P,C. By r;2t! ~ : tf' PAU J. < POSITO, ESQUIRE ID 1125454 POSI Ollicc Box 12611 Harrisburg, P A 171011-12611 (717) 234-4161 Allorncys lor Dcfcndanl/Pctitioncr ') I , I ! ., { ,\ <( ... :c :2 I3j '. eo , ~ o (l-) PATRICK B. SCml.D, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 98 - 566 CIVIL DIMITRA C. SCIlILD, Defendant IN DIVORCE THE MASTER Today is Monday, May 14, 2001. This is the date set for a conference with counsel and the parties following a meeting with counsel on March 15, 2001, at which time we had on the record discussion regarding what was needed to be prepared for the conference. Present in the hearing room are the Plaintiff, Patrick B. Schild, and his counsel Johnna J. Kopecky, and the Defendant, Dimitra C. Schild, and her counsel Paul J. Esposito. This action was commenced by the filing of a divorce complaint on February 2, 1998. No economic claims J , ( were raised in the complaint. On March 19, 1998, an answer and counterclaim were filed by the Defendant raising the economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and costs. The Master has been advised that the parties have reached an agreement with respect to the outstanding economic issues. With respect to grounds for divorce, the Master understands that the parties are going to sign and file affidavits of consent and waivers of notice of intention to .~ request entry of divorce decree so that the divorce CGn be concluded under section 3301(c) of the Domestic Relations Code. With respect to the agreement relating to economic claims, the agreement is going to be placed on the record in the presence of the parties and the agreement as stated on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Consequently, after the agreement has been transcribed, counsel and the parties can review the agreement for typographical errors, make any corrections as necessary, and then sign the document affirming the terms of settlement as stated on the record. In any event, when the parties leave the hearing room today, they will be bound by the terms of the agreement as stated on the record even if the agreement is not subsequently affirmed by signature of the parties. Following the return to the Master of the completed agreement, the Master will prepare an order vacating his appointment and counsel can then prepare a praecipe transmitting the record to the Court requesting a final decree in divorce. Ms. Kopecky. MS. KOPECKY: The parties agree to the following terms: ~.~ . , " , 1. The llIarital residence located at 431 South York Street, Mcchallicuburg, Pennsylvania, shall be promptly listed for uolc. Both parties agree to sign all documents as necessary to effectuate said sale. From the proceeds of the sale the Defendant will receive $2,000.00. All remaining proceeds will be the property of the Plaintiff. In the event of a refinance, the Plaintiff can keep the premises but $2,000.00 shall be paid to the Defendant. In any event, the sum of $2,000.00 will be paid by Plaintiff to Defendant within four months of the execution of the affidavits of consent to divorce. The real estate will be listed for sale at least for the appraised value of $106,000.00. 2. Any personal property in the respective parties I possession shall be retained by that party. 3. The Defendant waives any interest she may have in the Plaintiff's 401(k) plan, pension plan, or other plans that he holds at Giant Foods. 4. The Plaintiff waiv~s any interest that he may have in Defendant's AIM fund. 5. The Plaintiff waives any interest that he may have in the lawsuit as filed by the Plaintiff against Dr. Kundu, et al. 6. The parties further waive any spousal support, alimony, alimony pendente lite, or counsel fees as against the other. The alimony pendente lite/spousal support paid currently through the office of Domestic Relations in Cumberland County shall terminate the date of the signing of the divorce decree. If there are any outstanding arrearages through the office of the Domestic Relations Office, the Plaintiff will be responsible for said arrearages. 7. The parties mutually waive any interest that they may have had in the bank accounts respectively held by each party. 8. The Plaintiff will cooperate as necessary to allow the Defendant to effect COBRA coverage for medical insurance purposes. 9. Both parties agree to execute any documents as necessary to transfer or waive any interest in the above accounts. 10. The Plaintiff will assume any and all liability that the parties may have regarding the $12,000.00 loan to his parents, Don and Beth Schild, and will indemnify the Defendant from any loss thereon. 11. 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, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. 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 interest, rights, dnd claims. MS. KOPECKY: Patrick, did you hear the terms of the agreement as I have spelled them out to the Master? MR. SCHILD: Yes. MS. KOPECKY: Are you in agreement with those terms? MR. SCHILD: Yes. MR. ESPOSITO: Dimitra, have you been present throughout the recitation of the terms of the agreement? MS. SCHILD: Yes. MR. ESPOSITO: Do you agree with all of those terms? MS. SCHILD: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of ;l~t.'It" 26 W:I~1 CARLtSL PI/ONE ( . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . , . . . . . . . . . . ',. - ~~--t4><l'~ ;N THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY l STATE OF PATRICK SCHILD, Plaintiff VERSUS DIMITM SCHILD, Defendan t PENNA. No. 98-566 DECREE IN DIVORCE AND NOW, !UJ'1L( 2.00 l. IT IS ORDERED AND DECREED THAT Patrick Schild , PLAINTIFF, AND nimitrrl ~chilr1 , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. . J, . . +.f t.. tf.. tf tf . .t. tf tf. tf f '..tt ttt ttt . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . , . . . . , . . . . . . . , . , . . . . . . . . . . . .' ,~ . . >- C) ~ 2f N t.': p., :;;>~ ,.rel c',:': - L.) .:~ ,:::: ~-:~. ,... u;o: c:.;,f.~ "- a~" .~.~ !.?)_!~ In -:.~. ~j) ':)2 .1 1- (t'. .-.. :" IU~ - LJ q~a. roO c:: .r.;: il.. :t3 U 0 b iT .. ~ ,-...... $ <~ z N :.::>",; UJ~':: O~7 (.) ':~; -- tJ:::, 0:-1" ' .'~ 'L..t. 0.. 9~ CI~';"; . '.~' ,.:}' "',sW C;,:' I :~)Z: \...1" ;bCD -:\., ."- l~.," .:::: IUD.. ~... -, .~ "'" U~ N :::> CJ 0 U . PATRICK B. SCHILD, Pluintilr IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LA W D1MITRA C. SCHILD, Delcndunt NO. 98-566 CIVIL TERM ORDER OF COURT AND NOW, this ill duy of January, 2002, upon consideration ofthe uttached letter from Paul J. Esposito, Esq., attorney for Defendant, the hearing previously scheduled for January 10, 2002, is cancelled. BY THE COURT, OJ J. ~hnna J. Kopecky, Esq. 26 West High Street . . C\ \ Carlisle, PAl 70 I 3 f' o-p-u.o -fl 0J.1W Attorney for Plaintiff LOI-tJ7'OJ.lRXS ~UI J. Esposito,Esq. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendant i i ("') r..:, l~ r; ", '," 1,1:" '- , n,:.' f:.. ;~ :, "- i ~,~"; ;.~ j-.. I /-- C:, . 'I ~,~; '~I ;? '"i:"1 "i:.J :."1: :"', :.') ;'~C'I ~ .-....J ~.c..: ,:..)'-0 ~ .-'oj '~'l ~ oS:'" -< I t ,f ii" t <, \, -,' ill " ! :rc I, ..:.