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HomeMy WebLinkAbout01-5799DID/~A SCHP~ATZ, Plaintiff VS. THOMAS J. SCHRATZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-IN DIVORCE NOTIC TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Cumberland County Courthouse, Carlisle, PA. IF YOU DO PROPERTY, LAWYER'S ANNULMENT IS GRANTED, THEM. YOU SHOULD IF YOU DO NOT HAVE TELEPHONE THE OFFICE GET LEGAL HELP. NOT FILE A CLAIM FOR ALIMONY, DIVISION OF FEES OR EXPENSES BEFORE A DIVORCE OR YOU MAY LOSE THE RIGHT TO CLAIM ANY OF TAKE THIS PAPER TO YOUR LAWYER AT ONCE. A LAWYER OR CANNOT AFFORD ONE, GO TO OR SET FORTH BELOW TO FIND OUT WHERE YOU CAN Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 DIANA SCHP, ATZ, Plaintiff VS. THOMAS J. SCHRATZ, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-IN DIVORCE COMPLAINT IN DIVORCE 3301(c) 1. Plaintiff is DIANA SCHP, ATZ, who resides at 3401 York Lane, Cincinnati, Ohio. 2. Defendant is THOMAS J. SC~RATZ, Jla., who resides at 43 N. Enola Drive, Enola, PA. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months inanediately previous to the filing of this Complaint. 27, 1996 in Cumberland County, Pennsylvania. 5. There has been no prior action for divorce or for annulment between the parties. 6. The Defendant is not a member of the Armed Forces. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to The Plaintiff and Defendant were married on April request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being handed down by the Court. W~EREFORE, the plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. Respectfully submitted: 2201 North Second Street Harrisburg, PA 17110 (717) 238-2312 State of Ohio : : SS. County of Hamilton : I verify that the statements made in this 3301 (c) Divorce Complaint are tree 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. Sworn and Subscribed before me this o f ~/~.~,~, 2001. Diana Schratz ~ MARGARET A. VOLLMAN Notary Public, State of Ohio My Commission Expires July 28, 2004 CERTIFICATE OF SERVICE I, Judith A. Calkin, do hereby certify that a true and correct copy of the within 3301 (c) Divorce Complaint was mailed at Harrisburg, PA., certified-restricted delivery, postage pre-paid to the following person: Thomas J. Schratz 43 North Enola Drive Enola, PA 17025 Date: dith A. Calkin, Esq. Diana Schratz, Plaintiff vi. Thomas J. Schratz, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 01- 5799 CIVIL TERM :CIVIL ACTION IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please enter the appearance of Galen R. Waltz, Esquire on behalf of the Plaintiff in the above-captioned case. Respectfully Submitted, TURO LAW OFFICES ien R. Waltz, Esquire Turn Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Diana Schratz, Plaintiff Thomas J. Schratz, Defendant :IN THE .COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 01- 5799 CIVIL TERM :CIVIL AC, TION IN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCF TO THE PROTHONOTARY OF SAID COURT: Please withdraw the appearance of Judith A. Calkin, Esquire on behalf of the Plaintiff in the above-captioned case. Date ~Judith A. Calkin, Esquire 2201 N Second Street Harrisburg, PA 17110 SEPARATION AGREEMENT AND PROPERTY SETTLEMENT and entered into this j~,,~/'/3 day of ~z~~,, 2003, This Agreement, made between Diana Schratz, of Carlisle, Cumberland County, Pennsylvania;~herein referred to as "Wife," and Thomas J. Schratz, Jr., of Enola, Cumberland County, Pennsylvania, hereinafter referred to as "Husband." WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on April 27, 1996, in Cumberland County, Pennsylvania; WHEREAS, there have been no children born of this marriage. WHEREAS, the parties hereto are now living separate and apart since November 1999 and desire to enter into an Agreement respecting their property rights regardless of the actual separation or other character thereof and their other rights, including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by Husband and all of he~r rights of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to counsel fees, or expenses and, other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtsey, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future; NOW THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 3. Mutual Power and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in property or estate of the other, and to that end both parties waive, relinquish and forbear the rights of dower of curtsey, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though married, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution or married property ordered by the Court subsequent to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenance, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Child Custody. There are no children bom in or out of this marriage between the parties herein. 5. Child Support. No support is required. 6, Distribution of Marital Assets. a. The parties agree that items of personal property have been previously distributed to the parties satisfaction. All other personal property obtained by the parties during the marriage shall be sole and exclusive property of the Wife/Husband. Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full power to the Husband or Wife to dispose of the same as fully and effectually in all respects and for all purposes as if he or she were unmarried. b. The parties agree that the1999 Volkswagon Jetta shall be the sole and separate property of the Husband. The 1997 Honda Civic Ex shall be the sole and separate property of the Wife. c. Personal effects. All items of personal effect such as but not limited to jewelry, luggage, sports equipment, hobby collections and books but not including furniture or any other property, personal or otherwise specifically disposed of pursuant to this Agreement shall become the absolute and sole property of the party who has had the principal use thereof or to whom the property was given or from whom it was purchased, and each parlly hereby surrenders any interest he or she may have in such tangible personal property of the other. Wife agrees to take possession of the two household canin, es: "lndy" (,Approximately 7 years old), a Sheppard Mix --- black and tan and "Schatzie" (Approximately 5 years old), German Sheppard --- white. Husband shall provide to Wife all dog documents of pedigree, vet records, tags, rilles and medications, crates, leashes, collars, bowls and toys, and blankets and bedding. Husband relinquishes and waives all claim and right to both dogs in consideration of Wife's caring for the canines. 7. Debt. The parties have divided all outstanding debts. The parties agree that they will each be responsible for their individual debts incurred subsequent to the separation of the parties and that each party shall hold the other party harmless for the debt incurred subsequent to the separation. Husband agrees to be solely responsible for any remaining debt relative to the 1999 Volkswagon Jetta retained by the Husband. 8. Future Debts. The parties further agree that neither will incur any more future debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. 9. Real Property. The parties agree that the real property located at 43 N. Enola Drive, Enola, Cumberland County, Pennsylvania shall be valued at $95,000.00 and transferred into the name of Husband. Husband agrees to assume the existing mortgage of approximately $77,075.95 as of July 15, 2003 and held by Green Tree Servicing LLC of Tempe, Arizona and to hold Wife harmless for any debt thereto. Furthermore, Husband shall assume completely the liens on the house by Blazer Financial and East PennsboroTownship (for sewer and trash) and any other liens encumbering the 43 N. Enola Drive property and Wife shall be held harmless by Husband on any liens existing and unrecorded for the 45 N. Enola Drive property. The parties shall execute all documents concerning the transfer of title to Husband. In consideration, Wife shall waive all rights to the Equity existing for the 43 N. Enola Drive property. Both parties agree to execute any and all future documents reasonably related to the transfer of title to the marital home 4 10. Alimony. Wife agrees to waive all rights that she may have to alimony, spousal support, alimony pendente lite 11. Pension. Both parties waive any interest in the other parties pension, retirement, 401k or any other retirement program that I party may be enrolled. 12. Counsel Fees and Court Costs. Each party agrees to pay their own attorney fees and cost incurred in the preparation of this document, as well as the preparation and filing of the divorce action captioned at 01-5799 Civil Term. If either party incurs any other legal fees or court costs, those costs will be borne by the party exclusively. 13. Divorce. The parties acknowledge that an action for divorce between them has been filed by Wife and is presently pending a divorce between them in the Court of Common Pleas of Cumberland County to the caption Diana Schratz v. Thomas J. Schratz, Jr., 01-5799 Civil Term. The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledged that they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a final divorce decree in that action. 14. Breach. In the event that either party breaches any provision of this Separation and Property Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 15, Enforcement. The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any Court of competent .iurisdiction. 16. Applicable Law and Execution. The parties hereto agree that this Marital Settlement Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 17. The Entire Agreement. The parties acknowledge and agree that this Marital Settlement Agreement contains the entire understanding of the parties and supemedes any prior agreement between them. There are not other representatives, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 18. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or things that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESSES: Diana Schratz -~ttz, J r~'*~ Diana Schratz, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO 01-5799 CIVIL TERM Thomas J. Schratz, Jr. Defendant : CIVIL ACTION - LAW :IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on October 5, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date Diana Schratz, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. ' NO 01-5799 CIVIL TERM Thomas J. Schratz, Jr. Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301{c) OF THE DIVORCE CODI= 1. I consent to the entry of a final Decree of Divorce without notice. 2. 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. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date Thomas J~::~l~ratz, ,~. -- Diana Schratz, Plaintiff : iN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-:5799 CIVIL TERM Thomas J. Schratz, Jr. Defendant : CIVIL ACTION - LAW :IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on October 5, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date ina Schratz " Diana Schratz, Plaintiff Thomas J. Schratz, Jr. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO 01-5799 : : CIVIL ACTION - LAW :IN DIVORCE CIVIL TERM WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER .~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decrae of Divorce without notice. 2. 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. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND 'i'HAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date D~ana schratz ~J Diana Schratz, Plaintiff Thomas J. Schratz, Jr. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-5799 CIVIL TERM : CIVIL ACTION - LAW :IN DIVORCE PRAEClPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: First Class mail delivered on or about October 5, 2001. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code. By Plaintiff 9/10/03 By Defendant: 9/9/03 4. Related claims pending: None. 5. Date the Waiver of Notice in §3301(c) divorce was filed with the Prothonotary: By Plaintiff: September 10, 2003 By Defendant: September 9, 2003 '~Ga~en R. Wal~l.tT..,-C~__quire Attorney for Pt'a3ntiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STA'¥E Of PENNA. Diana Schratz VERSUS N o. )nnl 5799 AND NOW, DECREED THAT DECREE IN DIVORCE Diana Schratz 2003 , IT IS ORDERED AND , PLAINTIFF, AND Thomas J. Schratz, Jr. ,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; The "Separation Agreement and Property Settlement" of 2003 attached hereto Decree. incorporated.but n =rged in this Final Divor¢ BY ATTEST: ~-5' PROTHON OTARi' -