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HomeMy WebLinkAbout99-03500r f ?YL ^rwd, ,y f` P Iti' ii. C'la d'S 1 ¦ 11, s F?l r L4P k ?x t y<J of IN THE COURT OF COMMON PLEAS CF CUMBERLAND COUNTY STATE OF PENNA. l? Y! 4 RICHARD M. SCHLAUDER JR. No. 99-3500 CIVIL TERM VERSUS MARY ANNE SCHLAUDER DECREE IN DIVORCE AND NOW, D'OA"r l 9I , IT IS ORDERED AND DECREED THAT RICHARD M. SCHLAUDER, JR• PLAINTIFF, AND MARY ANNE SCHLAUDER 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 AND IT IS FURTHER ORDERED, that the terms, conditions and covenants set forth in the written Marital Settlement Agreement ma a an entere into by the parties on December 20, 2001, are incorporated into this Decree by reference thereto, but not merged in+n tb is Decrcc BY ATTEST: U PROTHONOTARY RICHARD M. SCHLAUDER„IR., Plaintiff, V. MARY ANNE SCHLAUDER, Defendant. IN THE COURT OF COMMON PLEAS OF Cl IMBERI AND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-3500 Civil Term IN DIVORCE MARITAL SETTLEMENT AGREEMENT f4 THIS AGRF.EMIiNf, made this ..-day of l?<<o!' 2001, by and between RICHARD M. SCHLAUDER, JR., of Camp Hill, Pennsylvania, (hereinafter" HUSBAND") and MARY ANNE SCHLAUDER of Camp Bill, Pennsylvania, (hereinafter "WIFE"); WITNESSETH: WHEREAS, the parties hereto were married on February 4, 1978 in Apalachin, New York; and WHEREAS, a divorce action was filed by HUSBAND on or about June 9, 1999, in the Cumberland County Court of Common Pleas at 99-3500 Civil Term; and WHEREAS, the parties are the parents of one minor child of the marriage, Christina M. Schlauder, born May 24, 1984; WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other. including but not limited to: the equitable distribution of the marital property; past, present. and future support; alimony, alimony pendente lite, child support, and in general, any and all other claims and possible claims by one against the other or against their respective estates; and Page I o(' 13 NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and for other good and valuable consideration, the parties, intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this agreement and their legal effect have been fully explained to the parties by their respective counsel. HUSBAND is represented by Melissa Peel Greevy, Esquire. WIFE, is represented by Sandra L. Meilton, Esquire. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations or, if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to $ 3301 (c) of the Divorce Code. The parties agree to execute Affidavits of Consent for divorce and Waiver of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. Page 2 of 13 The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the last party executing this Agreement. 4, MUTUAL RELEASES. Each party absolutely and unconditionally releases the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments excepts as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a life time conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. Page 3 of 13 The parties represent and warrant that they have made full and fair disclosures and that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have a right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and the terms adequately provide for his or her interests, and that this Agreement is not the result of fraud, duress, or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SF,PARATION-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as if fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb or malign each other or the respective families of each other. REAL PROPERTY. The parties arejoint owners of real property located at 1708 Lincoln Street Camp Hill, Cumberland County, Pennsylvania. WIFE shall refinance the marital home in her name alone and release HUSBAND from any obligation on the mortgage associated with the marital home. Page 4 of 13 WIFE shall accomplish this refinancing no later than March 15, 2002. HUSBAND shall reimburse WIFE for one half of the refinancing expenses, not to exceed one thousand ($1000) dollars, which WIFE incurs associated with financing the home in her name alone. HUSBAND's portion of the refinancing costs shall be due and payable to WIFE no later than the tenth day following the real estate closing on the marital home. After the home is financed in the name of WIFE alone, HUSBAND shall convey via a deed, drafted by his counsel, all of his right title and interest in said property to WIFE free of all encumbrances. The parties agree that this transfer of the Deed by HUSBAND shall be in partial satisfaction of WIFE'S equitable distribution in the marital estate. The parties further stipulate and agree that for purposes of this Agreement the equity value of this property is $22,000. HUSBAND agrees to execute any and all documents to effect the transfer of his interest in said property pursuant to this paragraph. 8. DEBTS. HUSBAND represents and warrants to WIFE that since the filing of the Divorce he has not and in the future will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims and demands made against her by reason of such debts or obligations incurred by him since the date of said filing, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the filing of the Divorce she has not and in the future will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from any and all claims and demands made against him by reason of such debts or obligations incurred by her since the date of said filing, except as otherwise set forth herein. Page 5 of 13 The parties hereby agree to return any and all credit cards in their possession which bear the name of the other. The parties agree that any debts incurred on said credit cards following September 20, 1998 shall be the sole and exclusive responsibility of the party incurring the expense and shall save harmless the other from any obligations or institution of suit thereunder. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 9. RETIREMENT BENEFITS AND INVESTMENTS. (a) HUSBAND and WIFE stipulate and agree that WIFE shall receive $21,422 through an IRA rollover from HUSBAND'S American Express AXP Case Management Fund Class A, IRA, which reflects the full value of said IRA as of November 13, 2001. Said rollover shall be accomplished through a Qualified Domestic Relations Order. The parties shall share equally in the costs of the preparation of the Qualified Domestic Relations Order. (b) HUSBAND and WIFE stipulate and agree that HUSBAND shall receive from the parties American Express Financial Advisors accounts, which are marital in nature: Equity Value B Flex Portable Annuity Stock Market Investment Stock Market Investment 10. LIFE INSURANCE value as of 11/13/01 $9006 value as of 11/13/01 $31319 value as of 11/13/01 $1553 value as of 11/13/01 $1615 WIFE is the owner of a life insurance policy with a value of $1196. The parties stipulate and agree that WIFE shall retain the life insurance policy and HUSBAND shall relinquish all Page 6 of 13 right title and interest in said policy. 1 1. LIQUID MARITAL ASSETS. The parties were joint owners of a savings account which the parties previously divided to their satisfaction with $3000 to WIFE used to purchase a new vehicle and $1300 to HUSBAND. 12. INCOME TAX RETURNS, The parties have heretofore filed certain joint income tax returns and the HUSBAND represents and warrants to the WIFE that he has heretofore duly paid; that he does not owe any interest or penalties with respect thereto; that no tax deficiency is pending or threatened against him; and that no audit is pending with respect to any such return. The parties agree that in the future if any penalties or interest or any liability for failure to declare income or as a result of disallowance of a claimed deduction shall be assessed by the United States Internal Revenue Service, Commonwealth of Pennsylvania or local taxing authority, said penalties, interest, or expense shall be paid and solely attributable to and be the responsibility of the party failing to declare said income or claiming the deduction. 13. AUTOMOBILES. The parties were the owners of two vehicles at the time of separation: a 1986 Safari which had no liens against it, and a 1995 Lumina upon which the money owing was paid by HUSBAND. The parties subsequently sold these vehicles. WIFE will retain the value of the 1986 SaL-ri as her is sole and separate property. HUSBAND will retain the value of the 1995 Lumina as his sole and separate property. The parties agree to maintain their vehicles and shall be solely responsible for all payments, maintenance, insurance and other costs or fees related to their Page 7 of 13 respective vehicles. Each party agrees to indemnify and hold the other harmless for any and all liability related to their respective vehicles, and to execute any and all necessary documents to effect the transfer of the title of each vehicle as agreed above. 14. HOUSEHOLD GOODS AND PERSONAL PROPERTY. The parties agree that they have distributed and are currently in possession of the household goods and personal property which has been divided between them in a satisfactory and equitable manner. WIFE acknowledges that she has received the entire contents of the marital home with the exception of HUSBAND's clothing and personal effects. 15. ALIMONY. The HUSBAND will pay to the WIFE, as alimony, the sum of $1000 (one thousand dollars) each and every month, beginning with the month of the execution of this Agreement, to terminate September 30, 2006. The alimony payments due from HUSBAND to WIFE shall terminate only upon the death of either party, but not upon WIFE'S cohabitation or remarriage. The alimony shall not be modifiable as to term; but may be modifiable in amount upon a substantial involuntary decrease in the income of either party for a period in excess of thirty (30) days. The parties agree that in order to obtain a modification of the amount, it shall require demonstration of the petitioning party's inability, despite good faith efforts, to secure employment with compensation consistent with their now existing earning capacity. HUSBAND agrees, as security for said alimony payments to maintain life insurance, insuring the life of HUSBAND with WIFE as beneficiary in the amount of $50,000 until HUSBAND'S term of alimony is terminated and all payments due thereunder have been made to WIFE. HUSBAND shall provide to WIFE on an annual basis, verification that the required insurance is in place and Page 8 of 13 that she continues to be the designated beneficiary as provided in this paragraph. 16. TAX CONSF.OUFN . It is the intention of the parties that timely payments made under the terms of Paragraph 15 of this Agreement be treated as taxable income to WIFE, and deductible to HUSBAND. The parties agree that they shall tile, in each year, tax returns which are consistent with the terms of this Agreement. 17. COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to cant' through the terms of the Agreement, including but not limited to the signing of documents. Contemporaneously with the execution of this Agreement, the parties will promptly sign Affidavits of Consent, Affidavits Waiving Marriage Counseling, and Waivers of Notice of Intent to Request Entry of A Divorce Decree, and all necessary documents to effectuate the transfer of the assets as described in this Agreement. 18. CHILD SUPPORT WIFE acknowledges that HUSBAND has voluntarily provided child support for the child presently in the primary custody of WIFE in appropriate amounts throughout the parties' separation. HUSBAND and WIFE stipulate and agree that so long as the child remains in the primary custody of WIFE, HUSBAND shall pay child support directly to WIFE in the amount of $600.00 each month from the month of the execution of this Agreement until June 30, 2002 when the support shall terminate provided the child has graduated from high school and will then have attained the age of eighteen (18). HUSBAND shall continue to provide health insurance coverage for the child through the happening of her eighteenth birthday, so long as it is available to him through his employer with Page 9 of 13 no substantial increase in cost. In the event that there is a substantial increase in the cost to HUSBAND to provide health insurance for the child, the parties agree that the child support shall be reduced by the 33% of the cost. As provided in the Pennsylvania Support guidelines, WIFE shall be responsible for the first $250.00 per year of unreimbursed medical expenses for the child. Unreimbursed amounts in excess of $250.00 shall be shared pro rata between the parties, specifically 67% by HUSBAND and 33% by WIFE. In the event that HUSBAND or WIFE seeks to increase or modify the child support amount, the parties stipulate and agree that all of the parties' income shall be considered in the calculation of the support obligation which shall then be calculated in accordance with the Pennsylvania Child Support guidelines. 19. ATTORNEY FEES SOLIRT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek contribution thereto from the other party except as otherwise expressly provided herein. 20. ATTORNEYS' FEES FOR ENFOR EMENT. In the event that either party breaches any provisions of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement. 21. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a) The right to obtain an inventory and the appraisement of all marital and Page 10 of 13 non-marital property; (b) The right to obtain and income and expense statement of either party; (c) The right to have all property identified and appraised; (d) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; (e) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 22. VOID CLAUSES. 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. 23. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 24. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set for herein. 25. CONTRACT INTERPRETATION. For purposes of contact interpretation and for the purpose of resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. Page I1 of 13 IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first written above. This Agreement is executed in duplicate and in counter parts. WIFE and HUSBAND /a/cknowledg e ceipt of a duly executed copy hereof. Witness J Witness (L. 0 Ric hard . Schlauder, Jr. Mary Anne Schlauder Page 12 of 13 COMMONWEALTH OF PENNSYLVANIA ass. COUNTY OF eb?fof$£-I?I-A• LNAUP tr1 On the Cw day of 41-D,.. , 2001, before me, a Notary Public in and for the Commonwealth o Pennsylvania, the undersigned officer, personally appeared Mary Anne Schlauder, known to me ( or satisfactorily proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand an notarial seal the day and year first above written. Notarial Seal Pauline Patti Thomas, Notary Public Harrisburg, Dauphin County My Commission Expires Mar. 24, 2003 Memcar, VeonL% lenid Asw::aa¢on Ot Notaries Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA :ss. COUNTY OF Md On the day of rely W 2001, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared, Richard M. Schlauder, Jr. known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand an notarial seal the day and year first above written. otary Publi My Commission Expi I Notarial Seal lbmno A. SnavelyRaemer. Notary Public ?E.:,:;t Pennsboro Twp. Cumberland Coun 1 ., (:ammission Expires Aug. 25, 2003 Page 13 of 13 G ? C .7 U C`i 3: Li ?J l''._! L? IJ,,I c? c-, U IN THE COURT OF COMMON PLEAS OF CU11BERLAND COUNTY, PENNSYLVANIA RICHARD M. SCHLAUDER, JR. NO. 99-3500 CIVIL 19 VS. MARY ANNE SCHLAUDER PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 3301 (c) 1. Ground for divorce: irretrievable breakdown under Section ARA3ccN (201(d) (1)) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: certified mail, June 22, 1999 3. (Complete either paragraph (a) or (b) .) and Waiver of Notice (a) Date of execution of the affidavit of consent required by Section X")of the Divorce Code: by the plaintiff December 21, 2001 by defendant December 20, 2001 (b) (1) Date of execution of the plaintiff's affidavit required by Section 201(d) of the Divorce Code (2) date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: None. Attorney for XE (Defendant) } WT O r; 7 rJ Q? J1:. N Cl) = i Z _ ? r? G lD L' J v RICHARD M. SCHLAUDER, dR. Plaintiff, IN TI11; COURT OF COMMON PLEAS OF CUMBERLAND COUN'T'Y, PENNSYLVANIA V. CIVIL ACTION - LAW MARY ANNE. SCHLAUDER, Defendant. No. yl1.35'GV Civil Term IN DIVOIWI:, N )'I'1 ' ?'I' t DEFENDANT) C'I.AIM IZI I I'T'S You have been sued in court. Ifyuu wish to defend against the claims set forth in the foregoing pages, you must take prompt action. You are wtu•netl that if you fail to do so, the case may proceed without you and It decree in divorce or annulment may be entered against you by the court. A judgment may also he entered nguinsl you Ibr tiny other claim or relief requested in these papers by the plainlill'. You may lose nomey or other property or other rights important to you, including custody or visitation ofyour children. When the ground In" the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of ntnrringe counselors is available in the Office of the Prothonotary at: C )1•lice of1he Prothonotary Cumberland County Court I louse Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE. A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCI OR ANNULMENT IS GRANTED, YOU MAY LOSE TI IF. W61IT] 0 CLAIM ANY OF TI IEM. YOU SI IOLII.D'I'AKI? 'I•I IIS PAITR 1'O YOUR LAWYER AT ONCE. IF YOU DO NOT IIAVI? A LAWYVIR OR CANNOT AFFORD ONE. GO.1'OOR TELEPHONE THE OFFICE SFT FORT I I BELOW TO FIND Ol )•I• WI WRE YOU CAN GET LEGAL. HELP. ('timberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 'T'elephone: (717) 249-3166 RICHARD M. SCHLAUDER, JR. Plaintiff. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MARY ANNE SCHLAUDER. Defendant. No.99. 3 SU&Civil Term IN DIVORCE NOTICE OF AVAILABILITY OF COI !NSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be bome by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. RICHARD M. SCHLAUDER, JR. Plaintiff, V. MARY ANNE SCHLAUDER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Defendant. No. 99.35 Civil Term IN DIVORCE COUNTI COMPLAINT IN DIVORCE UNDER § 3301 (c) OR § 3301(d) OF THE DIVORCE CODE Plaintiff, by and through his attorney, Melissa Peel Greevy, respectfully represents: 1. Plaintiff is Richard M. Schlauder, Jr., who currently resides at 231 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania, since September 20,1998. Plaintiffs Social Security Number is 109-42-8908. Defendant is Mary Anne Schlauder, who currently resides at 1708 Lincoln Street, Camp Hill, Cumberland County, Pennsylvania, since 1990. 4. Defendant's Social Security Number is 062-48-4744. 5. Plaintiff and Defendant have both been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this Complaint. 6. The parties were married on February 4, 1978 in Binghampton, New York. There are two children born of this marriage. Justin R. Schlauder Born 1-1-81 Age 18 Christina M. Schlauder Born 5-24-84 Age 15. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. There have been no prior actions of divorce or annulment between the parties. 10. The marriage is irretrievably broken. 11. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request the court require the parties to participate in counseling. 12. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. COUNT II - CUSTODY 13. Paragraphs 1-12 of this Complaint are incorporated by reference as if set forth at length. 14. Plaintiff seeks shared physical and shared legal custody of the children bom of this marriage: Justin R. Schlauder, born January 1, 1981, age 18 and, Christina M. Schlauder born May 24,1984, age 15. 15. Said minor children reside with Defendant in the marital home. 16. Plaintiff has no information of any custody proceeding concerning the minor children pending in this or any other state. 17. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation, concerning the custody of the minor children in this or any other court. 18. The best interests and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff is and always has been an integral part of both children's daily lives; b. Plaintiff will cooperate with Defendant to assure the children of frequent and continuing contact with Defendant. 19. Each parent whose parental rights to these children have not been terminated, and the parent who has physical custody of the children has been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the child. WHEREFORE, pursuant to the Custody Act, 23 Pa. C.S. § 5301, et seq., Plaintiff requests your Honorable Court to grant shared legal and shared physical custody of the children to Plaintiff. COUNT III - EQUITABLE DISTRIBUTION 20. Paragraphs 1 through 12 of this Complaint are incorporated herein by reference as though set forth at length. 21. Plaintiff and Defendant have acquired property, both real and personal, during their marriage, from February 4, 1978 until September 20, 1998, the date of their separation. 22. Plaintiff and Defendant have not agreed as to an equitable division of said property. WHEREFORE, Plaintiff requests your Honorable Court to equitable divide all marital property. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date: lA 19 -? `c (; 9 / Richard b . Schlauder, Jr. 4 Respectfully submitted, Date: ? hjc? I Melissa Peel Greevy, Esquire I.D. No. 77950 214 Senate Avenue Suite 602 Camp Hill, PA 17011-2336 (717) 763-8995 Counsel for the Plaintiff ^.1 hIL )11 r'b y d.: era t'.. CJa CY ? Ay IJ1C7 N 4 V rjr; ? ?r crt .z LLJ o v v\Q V??o Is) RICHARD M. SCHLAUDER, JR.,: Plaintiff, V. MARY ANNE SCHLAUDER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99-3500 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on June 9,1999. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of intention to request entry of the decree. 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. § 4904 relating to unsworn falsification to authorities. Date: lL Richard M. Schlauder, Jr. Plaintiff o u .<r l - CL- . Vic:.. ?7J ?F Jj ZZ: cj C., ?L C C:) RICHARD M. SCHLAUDER, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99 - 3500 CIVIL MARY ANNE SCHLAUDER, CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 9, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce. 4. 1 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. 1 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. §4904 relating to unsworn falsification to authorities. Date: / "Z - ?` 0 9 yl ran it n • 64 a a u d't?/ Mary Anne chlauder, Defendant S.S. No. 0(o ,? - N8 - 27?/ ?/ H C C7•- l7-. CL. u f. LL1. .1 ? l ?? L,J rrj O V RICHARD M. SCHLAUDER, JR., Plaintiff, V. MARY ANN SCHLAUDER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.99-3500 Civil Term IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. 1 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 by the prothonotary. I verity 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. § 4904 relating to unswom falsification to authorities. Date: , -A Richard M. Schlauder, Jr. Plaintiff } a G 51 SP U -- of i U ism ?] ma i::. G C ( y, S L? ? _ U o RICHARD M. SCHLAUDER, JR., Plaintiff V. MARY ANNE SCHLAUDER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 3500 CIVIL CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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 this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: /a, w` d Mary Anne Schlauder, Defendant 45958.1 G H CJ Cl) ? ? Vi . - cn c; dui V ;>>lll w Iaa. ?? O U RICHARD M. SCHLAUDER, JR. Plaintiff, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY ANNE SCHLAUDER, CIVIL ACTION - LAW Defendant. No.99-3500 Civil Term IN DIVORCE CERTIFICATE OF SERVICE 1, Melissa Peel Greevy, Counsel for Plaintiff in the above captioned matter, do hereby certify that I have served the Defendant, Mary Anne Schlauder, with a true and correct copy of the Divorce Complaint by placing same in the U.S. Mail, certified, restricted delivery, return receipt requested, and postage prepaid. The Divorce Complaint was also placed in regular U.S. Mail on June 11, 1999. The signed receipt indicating service was made on June 22, 1999 is attached hereto. Date: Melissa Peel Greevy, Esquir 214 Senate Avenue Suite 602 Camp Hill, PA 17011-2336 (717) 763-8995 -CDltttsel for the Plaintiff I sdutwrWwNp?, Oeswtsts lwn. a, 4l, OW b, Pri i, f nt yst?nres rtl sdtltusao the rsvrssatna krmbsm •? a twb( md9kM l c we cuirNUm uYs e O .m.u , ONoe, aae ar USacdy NOeaa.na e A.dtrawto o w w o the afte Me "IMW dellvaft dw date A 3. ANds Addressed to: 4a. Artlde Nurd M o- f(.? An )n L ?4)Q,r' rib. Service Typt x108 Registered In.? c? O 0 ?1 ?? 1 /O l? ? Express Mail R a ? ate ? , D 7 of D e llv e and o wish to recelve the wing seMces (for an t ? Addressee's Addr D RMMCled0el ry4i:.. wlt postrnasterforfee. S 416 yod teq led Y. 1994 .J ?•i i] C'1 1 RICHARD M. SCHLAUDER, JR.,: IN ]'HE COURT OP COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. No. 99-3500 Civil Term MARY ANNE SCHLAUDER, CIVIL ACTION - LAW Defendant. IN DIVORCE PRAECIPE TO DISCONTINUE To the Prothonotary: Kindly discontinue Counts 11 and 111 of the Complaint. The claims raised therein have been resolved with the execution of the Marital Settlement Agreement dated December 20, 2001. Melissa Peel Greevy, Esquire I. D. No. 77950 214 Senate Avenue Suite 105 Camp Hill, PA 17011-2336 (717) 763-8995 Counsel for Plaintiff cr M c U •1; U W n , K CL tl ° o ? v . v 10 Richard M Schlauder. Jr. Plaintiff VS. Marv Anne Schlauder Defendant SEP04©0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3500 : CIVIL ACTION - DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this ?tk day of S _, 206 ,the parties, Richard M. Schlauder, Jr., Plaintiff, and Mary Anne Schlauder, Defendant, do hereby Agree and Stipulate as follows: 1. The parties to this action have entered into a Marital Settlement Agreement dated December 20, 2001. The //C??o?,urt incorporated the Marital Settlement Agreement into its Decree in Divorce ordered and decreed on ,flC1BM? 014.1.7Lo% 2. The Plaintiff, Richard M. Schlauder, Jr., (hereinafter referred to as "Participant") has in effect the following Individual Retirement Account with American Express Financial Advisors, 70100 AXP Financial Center, Minneapolis, MN 55474-0701: Individual Retirement Account for Richard M. Schlauder, Jr. Account No. 0031370411550002. 3. Participant's date of birth is March 28, 1957, and his Social Security number is 109-42-8908. 4. The Defendant, Mary Anne Schlauder (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is December 25, 1953, and her Social Security number is 062-48-4744. 5. Participant's last known mailing address is: 3407 Chestnut Street Camp Hill, PA 17011 6. Alternate Payee's current mailing address is: 1708 Lincoln Street Camp Hill, PA 17011 / I. + QDRO Page 2 7. To accommodate the marital property distribution between the parties IT IS ORDERED, ADJUDICATED AND DECREED AS FOLLOWS: a. The IRA with American Express Financial Advisors, Account No. 0031370411550002 previously referenced is marital property. b. That subject to the finalization of the divorce and the execution of the documents required by American Express Financial Advisors, $21,422 shall be awarded to the Alternate Payee. C. The amount designated in Paragraph 7(b) shall be paid directly to the following Individual Retirement Account which is represented to be eligible to receive this transfer: Mary Anne Schlauder Individual Retirement Account Account Number 0011250391551002 American Express Financial Advisors 70100 AXP Financial Center Minneapolis, MN 55474-0701 d. The parties are directed to timely submit to American Express Financial Advisors all documents that are required to finalize this Order. 8. This Court reserves jurisdiction to issue further orders as needed to execute this Order. to. 4 &ILA. q.L.oz. -V BYTH OURT Ll? el I4o1J LT Ce'VY Consent to ORDER Plaintif anticipant Att /ney for Plaintiff/Particip nt ?Y?h c f Cby4 i J(:ltluc-LcCCr Defendant/Alternat Payee Attorney for Defend nt/Alternate Payee ^ r • ?cAl\S`, ??? ' ?n 4 I . b