HomeMy WebLinkAbout07-3662
NANCY A. SCHROYER,
Plaintiff
vs.
TIMOTHY C. SCHROYER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. a 2-3614 ? Civil Term
: ACTION IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed 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.
Where 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 at the
Office of the Prothonotary, Cumberland County Courthouse.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford St.
Carlisle, Pa. 17013
(717) 249-3166
NANCY A. SCHROYER,
Plaintiff
vs.
TIMOTHY C. SCHROYER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 617. 36/,Z Civil Term
ACTION IN DIVORCE
COMPLAINT IN DIVORCE
COUNT I - DIVORCE
1. Plaintiff is Nancy A. Schroyer, a competent adult individual, who resides at 85 B.
Partridge Circle, Carlisle, Cumberland County, Pennsylvania, 17013.
2. Defendant is Timothy C. Schroyer, a competent adult individual, whose address is 101
Skyline View Dr., Carlisle, Cumberland County, Pennsylvania, 17013.
3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at
least 6 months immediately previous to the filing of this Complaint.
4. The Plaintiff and the Defendant were married on June 28, in Maryland.
5. There have been no prior actions of divorce or for annulment between the parties.
6. Plaintiff has been advised that counseling is available and that plaintiff may have the
right to request that the court require the parties to participate in counseling.
7. Plaintiff and Defendant have one child together, namely, Becca Schroyer, date of
birth, July 31, 2003.
8. Plaintiff and Defendant are both citizens of the United States of America.
9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States
of any of its allies.
10. The Plaintiff avers that the grounds on which this action is based are: (a) that the
marriage is irretrievably broken pursuant to 23 Pa.C.S. 3301(c).
WHEREFORE, Plaintiff requests the court to enter a Decree in divorce.
COUNT II - CUSTODY
11. Sections 1. - 10. are herein incorporated by reference.
12. The parties are the natural parents of Becca Schroyer, date of birth, 7/31/2003.
13. The parties have been unable to enter a custody stipulation in writing.
14. A custody complaint is being filed contemporaneously with this complaint.
WHEREFORE, Plaintiff prays this Honorable Court, to enter a custody Order regarding
the child.
Respectfully submitted,
Date: (? N 0-7
9.D e Adams, Esquire
. No. 79465
64 South Pitt St.
Canisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
VERIFICATION
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 unsworn
falsification to authorities.
Date: (? ./S- -07
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NANCY A. SCHROYER,
Plaintiff
vs.
TIMOTHY C. SCHROYER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 0 7. 3G 4,2' Civil Term
ACTION IN DIVORCE
CUSTODY COMPLAINT
1. Plaintiff is Nancy A. Schroyer, who resides at 85 B Partridge Circle, Carlisle,
Cumberland County, Pennsylvania, 17013.
2. Defendant is Timothy C. Schroyer, who currently resides at 101 Skyline View Drive,
Carlisle, Pa. 17013.
3. Plaintiff is the mother of the following child and seeks a custody order regarding the
following child:
NAME DOB/AGE ADDRESS
Becca Schroyer 7/31/3 (3) 85 B. Partridge Circle
Carlisle, Pa. 17013
Mother and Father married on June 28, 1997. Mother currently has primary physical
custody of the child.
During the past five years, the children have resided with the following persons and at the
following addresses:
NAME
Nancy A. Schroyer
Timothy C. Schroyer
Nancy A. Schroyer
And maternal grandparents
Nancy A. Schroyer
ADDRESSES
101 Skyline View Dr
Carlisle, Pa. 17013
21844 Black Rock Lane
Hagerstown, MD 21740
85 B. Partridge Circle
Carlisle, Pa. 17013.
DATES
Birth to 6/22/06
6/22/06 - 8/16/06
8/16/2006 to present.
VERIFICATION
I verify that the statements made in this Custody Complaint are true and correct. I
understand that false statements herein are made s?bject to the penalties of 18 Pa.C.S. §4904
relating to unsworn falsification to authorities.
Date: t ! (?? '
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The mother of the child is Nancy A. Schroyer. She lives at 85 B. Partridge Circle,
Carlisle, Pa. 17013. She is married to Timothy C. Schroyer. A divorce complaint has been filed
by Mother contemporaneously with this petition.
The father the child is Timothy C. Schroyer. He currently resides at 101 Skyline View
Drive, Carlisle Pa. 17013. He is married to Nancy A. Schroyer.
4. The relationship of plaintiff to the children is that of Mother. The Plaintiff currently
lives with the child.
5. The relationship of defendant to the child is that of Father. The defendant currently
resides alone.
6. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another court.
Plaintiff has no information of a custody proceeding concerning the child pending in a
court of this Commonwealth.
Plaintiff does not know of a party to the proceedings who has physical custody of the
child or anyone who claims to have custody or visitation rights with respect to the child.
7. The best interest and permanent welfare of the child will be served by granting the
relief requested because: The parties separated on June 22, 2006. Since that time Mother has
had primary custody of the child. She has also been the primary caretaker of the child since birth
Mother is seeking an Order which confirms that she has primary custody and provides reasonable
periods of partial custody for Father.
8. Each parent whose parental rights to the child have not been terminated and the person
who has physical custody of the child has been named as parties to this action.
WHEREFORE, Plaintiff requests the court to enter a custody order regarding the child.
Respectfully submitted,
Date:
e Adams, Esquire
No. 79465
64 South Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
NANCY A. SCHROYER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
TIMOTHY C. SCHROYER
DEFENDANT
07-3662 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Monday, June 25, 2007 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, July 24, 2007 at 2:00 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ john,Z Mangan, Jr., Es q. Custody Conciliator ? ,
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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NANCY A. SCHROYER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. No. 07 - 3662 Civil Term
TIMOTHY C. SCHROYER, ACTION IN DIVORCE
Defendant
AFFIDAVIT OF SERVICE
AND NOW, this July 10, 2007, I, Jane Adams, Esquire, hereby certify that
on or about June 25, 2007, a certified true copy of the NOTICE TO DEFEND, DIVORCE
COMPLAINT and CUSTODY COMPLAINT were served upon the Defendant, via certified
mail, restricted delivery, return receipt requested at the following address:
Timothy Schroyer
101 Skyline View Drive
Carlisle, Pa. 17013 ¦ Complete items 1, 2, and 3. Also ctornpMe
item 4 if Restricted Delivery is desired.
DEFENDANT ¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
TIMOTHY SCHROYER
101 SKYLINE VIEW DR
CARLISLE PA 17013
/.. ,
? Agent
? Addressee
by (Printedl,Na ) C.LD_te.ptpei'v
SC , re .0/
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D. Is delivery address different ?tom item 1 ? ? Yes
If YES, enter delivery address below: ? No
3. Pe9fice Type
Certified Mail ? Express Mail
egistered ? Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) Y?
2. Article Number
(rfromservice labsp 7003 2260 0000 8703 0419
zzm?
Ps Form 3811, February 2004 Domestic Return R
eceipt 1 -o2-t 1540
Respectfully Submitted:
rSout;hh s, Esquire
465
itt Street
Car lisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
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NANCY A. SCHROYER,
Plaintiff
VS.
TIMOTHY C. SCHROYER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 07 - 3662 Civil Term
ACTION IN DIVORCE
STIPULATION AND CUSTODY AGREEMENT
This Stipulation and Custody Agreement is made this day of A'yi4*, 2007,
by and between Nancy A. Schroyer, (Hereinafter referred to as "Mother"), of Carlisle, Cumberland
County, Pennsylvania, and Timothy C. Schroyer, (Hereinafter referred to as "Father"), of Carlisle,
Cumberland County, Pennsylvania;
WHEREAS, Mother and Father are the natural parents of one child, namely,
Becca Schroyer, date of birth, July 31, 2003;
WHEREAS, Mother and Father have reached an agreement relative to the future care,
custody, and visitation of their child, the terms of which agreement both parties desire to set forth
in the present Stipulation and Custody Agreement, and;
WHEREAS, Mother and Father desire the provisions of the present Stipulation and
Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County
and entered as a Court Order, with the same force and effect as though said Order had been entered
after Petition, Notice and Hearing. There is no previous Order of Court concerning the child.
NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the
mutual promises and agreements contained herein, hereby agree as follows:
1. Legal Custody. Mother and Father shall have joint legal custody of their child. Joint
legal custody means both parents have the right to control and share in making of decisions of
importance in the life of their child, including educational, medical, and religious decisions. Both
parents shall be entitled to equal access to the child's school, medical, dental, and other important
records.
As soon as practicable after the receipt by a parry, copies of a child's school schedules,
special events notifications, report cards, and similar items shall be provided to the other parry.
Each shall notify the other party of any medical, dental, optical and other appointments of a child
with healthcare providers, sufficiently in advance thereof so that the other party can attend.
Notwithstanding that both parents shall share legal custody, non-major decisions involving
the child's day-to-day living shall be made by the parent then having physical custody, consistent
with the other provisions of this Agreement and subsequent Order.
2. Physical Custody. Primary Physical Custody of the child, as that term is defined in
the custody act, shall be with Mother.
3. Partial Custody. Partial physical custody is the right to take possession of a child
away from the custodial parent for a certain period of time. Father shall have liberal periods of
partial custody with the child as follows:
a. Every other weekend beginning Friday afternoon through Monday morning,
when Father shall return the child to school or daycare.
b. Every Monday afternoon through Tuesday morning, when Father shall return the
child to school or daycare.
c. Each party shall have equal blocks of time with the child on all major holidays,
or school breaks, as the parties mutually agree.
d. Mother shall always have the child on Mother's Day from 9:00 a.m. through
6:00 p.m. and Father shall always have the child on Father's Day from 9:00 a.m.
through 6:00 p.m.
e. Each party may have the child for a period of up to two weeks vacation during
the summer, provided thirty (30) days notice is given to the other party.
11
f. Father may have additional periods of physical custody as mutually agreed by the
parties. Nothing in this stipulation shall keep the parties from making other
arrangements, than as provided in this stipulation, upon mutual agreement.
4. Transportation and Exchange. The transportation shall be shared equally by the
parties, with the parent who is to receive custody at the time of the exchange to provide for
transportation from the residence or location of the other parent. At all times, all children shall be
secured in appropriate passenger restraints.
5. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and
affection that the child may have for the other parent and neither parent shall, in the presence of the
child make any disparaging or negative remarks concerning the other parent. Each party shall
confer with the other on all matters of importance relating to the child's health, maintenance, and
education with a view toward obtaining and following a harmonious policy in the child's education
and social adjustment. Each party agrees to keep the other informed of his or her residence and
telephone number to facilitate communication concerning the welfare of the child and visitation
period. Each party agrees to supply the name, address, and telephone numbers of any person in
whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person
or entity which may provide daycare for the child.
6. Illness of the Child. Emergency decisions regarding a child shall be made by the parent
then having custody. However, in the event of any emergency or serious illness of a child at any
time, any party then having custody of the child shall communicate with the other party by
telephone or any other means practicable, informing the other party of the nature of the illness or
emergency, so the other parent can become involved in the decision making process as soon as
possible. The term "serious illness" as used herein shall mean any disability which confines a
child to bed for a period in excess of seventy-two (72) hours and which places the child under the
direction of a licensed physician. During such illness, each party shall have the right to visit the
child as often as he or she desires, consistent with the medical care of the child.
7. Welfare of the Child to be Considered. The welfare and convenience of the child
shall be the prime consideration of the parties in any application of the provisions of this
Agreement. Both parents are directed to listen carefully and consider the wishes of the children in
addressing the custodial schedule, any changes to the schedule, and any other parenting issues.
8. Binding Effect and Modification of Order. This Agreement and all of its terms and
conditions shall extend to and be binding upon the parties hereto and their respective heirs,
personal representatives, and assigns. The parties are free to modify the terms of this Agreement
but in order to do so both parties must be in complete agreement to any new terms. That means
both parties must consent on what the new terms of the custody arrangement or visitation schedule
shall be.
9. Governing Law. This Agreement shall be governed and controlled by the
laws of Pennsylvania.
10. Enforcement. The parties agree that this Agreement maybe adopted as an Order of
Court without the necessity of a Court hearing.
11. Entire Agreement. This Agreement contains the entire understanding between the
parties concerning the subject matter hereof, and no representations, inducements, promises or
agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement
supersedes any and all prior agreements, written or oral, between the parties hereto relating to the
subject matter of this Agreement.
IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation
and Custody Agreement the day and year first above written.
WITNESS:
e Adams, Esquire Aanc4Shroye6mother
S. Pitt St.
Carlisle, Pa. 17013
(717) 245-8508
Attorney for Mother Date:
J'Jn
Witness
Date: '5 /3 ?d -?
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AUG 5 02007
LAUG 8 0 ad
NANCY A. SCHROYER,
Plaintiff
vs.
TIMOTHY C. SCHROYER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 07 - 3662 Civil Term
ACTION IN DIVORCE
ORDER
AND NOW, this l o K day of ?a - ? - J , 2007, having reviewed the attached
agreement between the parties dated August 8, 2007 it is hereby ORDERED and DECREED as
follows:
1. Nancy A. Schroyer and Timothy C. Schroyer shall share legal custody of their
child, Becca Schroyer, whose date of birth is July 31, 2003.
2. Nancy A. Schroyer shall have primary physical custody of Becca Schroyer, and
Timothy C. Schroyer shall have periods of partial physical custody as the parties
mutually agree.
3. The parties' agreement, dated August 8, 2007, shall be entered as an Order of
Court.
cc: a.?J' ne Adams, Esquire for mother
imothy C. Schroyer, father
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NANCY A. SCHROYER,
Plaintiff
VS.
TIMOTHY C. SCHROYER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07 - 3662 Civil Term
ACTION IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on June 19,
2007.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of the filing and service of the Complaint.
3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request
entry of the decree.
I verify that the statements made in this affidavit are true and correct. I also understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn
falsification to authorities.
Date: (?;, IA 19 is? J cy yer, Plaintiff
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER 43301(c) AND 63301(d) OF THE DIVORCE CODE
1. 1 consent to 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. §4904 relating to unsworn falsification
to authorities.
Date:
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NANCY A. SCHROYER,
Plaintiff
vs.
TIMOTHY C. SCHROYER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 07 - 3662 Civil Term
ACTION IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on June 19,
2007.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of the filing and service of the Complaint.
3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request
entry of the decree.
I verify that the statements made in this affidavit are true and correct. I also understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. 4904-relating to unsworn
falsification to authorities.
Date: 61y(or
royer, Defendant
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER 43301(c) AND 43301(d) OF THE DIVORCE CODE
1. 1 consent to 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. §4904 relating to unswom falsification
to authorities.
Date:
. i chroyer, Defendant
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NANCY A. SCHROYER,
Plaintiff
vs.
TIMOTHY C. SCHROYER,
Defendant
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07 - 3662 Civil Term
: ACTION IN DIVORCE
MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ? day of
2008, by and between, NANCY A. SCH OVER, of Carli , Cumberland County,
Pennsylvania, hereinafter referred to as "WIFE", and T OTHY C. SCHROYER, of
Carlisle, Cumberland County, Pennsylvania;
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on June 28, 1997, in
Maryland,
WHEREAS, there was one child born of this marriage;
WHEREAS, disputes and difficulties have arisen between the parties and it is the
intention of Husband and Wife to live separate and apart, and the parties desire to
settle their respective financial property rights and obligations as between each other,
including the settling of all matters between them relating to ownership and equitable
distribution of real and personal property; the settling of all matters between them
relating to the past, present, and future support, alimony, and/or maintenance of
Husband or Wife; and in general, the settling of any and all possible claims by one
against the other or against their respective estates;
NOW THEREFORE, Husband and Wife, in consideration of the mutual
promises, covenants and undertakings hereinafter set forth and for other good and
valuable consideration, receipt of which is hereby acknowledged, and each intending to
be legally bound, Husband and Wife hereby covenant and agree as follows:
1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has
made a full and fair disclosure of income, assets, and their valuation prior to the
execution of this Agreement as well as any other fact relating to this agreement. These
disclosures are part of the consideration made by each party for entering into this
agreement. Each party agrees that he or she shall not, at any future time, raise as a
defense, or otherwise, the lack of such disclosure in any legal proceedings involving
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this agreement, with the exception of disclosure that may have been fraudulently
withheld. In the event that either party, at any time hereafter, discovers such a
fraudulently undisclosed asset, that party shall have the right to petition the Court of
Common Pleas of Cumberland County to make equitable distribution of such asset.
The non-disclosing party shall be responsible for payment of counsel fees, costs, or
expenses incurred by the other party in seeking equitable distribution of such asset.
2. ADVICE OF COUNSEL. The Wife has employed and had the benefit or
counsel of JANE ADAMS, ESQUIRE, as her attorney. The Husband is PRO SE and
does not have an attorney. Each party has carefully and completely read this
agreement and has been advised and is completely aware not only of its contents but
of its legal effect. Husband and Wife acknowledge that this agreement is not a result
of collusion, improper or illegal agreements.
Husband has been advised of his right to counsel, voluntarily elected to forego
representation, and understands that Jane Adams, Esquire is only representing Wife.
3. SEPARATION. The parties intend to maintain separate and permanent
domiciles and to live apart from each other. Neither party shall harass, annoy, injure,
threaten, or interfere with the other party in any manner whatsoever. Neither party shall
interfere with the uses, ownership, enjoyment, or disposition of any property now owned
and not specified herein or property hereafter acquired by the other.
4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Wife has
filed a Complaint in Cumberland County, Pennsylvania, claiming that the marriage is
irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of
the Pennsylvania Divorce Code. The parties express their agreement that the marriage
is irretrievably broken and express their intent to execute any and all affidavits or other
documents necessary for the parties to obtain an absolute divorce pursuant to Section
3301(c) of the Divorce Code. The parties hereby waive all rights to request Court
Ordered counseling under the Divorce Code. The provisions of this Agreement relating
to equitable distribution of property of the parties are accepted by each party as a final
settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce
Code.
Should a decree, judgment, or order of separation or divorce be obtained by
either of the parties in this or any other state, country or jurisdiction, each of the parties
hereby consents and agrees that this Agreement and all of its covenants shall not be
affected in any way by any such separation or divorce; and that nothing in any such
decree, judgment, order, or further modification or revision thereof shall alter, amend, or
vary any term of this Agreement, whether or not either or both of the parties shall
remarry. It is specifically agreed that a copy of this Agreement or the substance of the
provisions thereof, may be incorporated by reference into any divorce, judgment, or
decree. This incorporation shall not be regarded as a merger, it being the specific
N TS
intent of the parties to permit this Agreement to survive any judgment and to be forever
binding and conclusive upon the parties.
5. DATE OF EXECUTION. 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 party last executing this Agreement. All provisions of this agreement
shall be effectuated by the parties within thirty (30) days of the execution date of this
agreement unless otherwise specified within this agreement.
6. MUTUAL RELEASE OF ALL CLAIMS. Other than as provided in this
agreement, each party may dispose 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.
7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants
that they have not contracted any debt or liability for the other or which the estate of the
other party may be responsible or liable, and except only for the rights arising out of this
agreement, neither party will hereafter incur any liability whatsoever for which the other
party or the estate of the other party, will be liable. Each party agrees to indemnify or
hold harmless from the other and against all future obligations of every kind incurred by
them.
The parties agree as follows regarding the debts:
(a) Wife agrees that the following debts are her own personal responsibility and
therefore agrees to completely and finally pay on the following debts and
obligations.
Any and all debts in her name alone or incurred by her after
separation.
(b) Husband agrees that the following debts are his own personal responsibility
and therefore agrees to completely and finally pay on the following debts and
obligations.
Any and all debts in his name alone or incurred by him after
separation.
A& NS?-/ TS
(c) The parties will take any steps necessary to close any joint credit card
accounts.
8. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have
attempted to distribute their marital property in a manner which conforms to the criteria
set forth in the Divorce Code at 23 Pa.C.S.A. s3501 et. seq. The division of
existing marital property is not intended by the parties to constitute in any way a sale or
exchange of assets, and the division is being effected without the introduction of
outside funds or other property not constituting marital property. The division of
property under this Agreement shall be in full satisfaction of all the marital rights of the
parties.
9. BANKRUPTCY. The parties further warrant that they have not heretofore
instituted any proceedings pursuant to the bankruptcy laws nor are there any such
proceedings pending with respect to them which have been initiated by others. It is
stipulated and agreed by the parties that the terms of this Agreement as they resolve
the economic issues between the parties incidental to their divorce and the obligations
of the parties to each other resulting therefrom shall not be dischargable in bankruptcy,
should either party file for protection under the Bankruptcy Code at any time after the
date of execution of this Agreement. Should Husband or Wife pursue an action in
bankruptcy and be successful in extinguishing his or her obligation to pay any debts for
which he or she had taken sole obligation as set forth herein, he or she shall
immediately be obligated to pay alimony to the other party in an amount equal to the
monthly obligation on such debts that he or she otherwise had assumed and for which
he or she had taken sole obligation and responsibility, plus an additional fifteen percent
(15%) in consideration of the tax consequences associated with receipt of alimony.
10. OTHER PERSONAL PROPERTY. Husband and Wife do hereby
acknowledge that they have previously divided all their tangible personal property.
Except as may otherwise be provided in this Agreement, Wife agrees that all of the
property of Husband or in his possession shall be the sole and separate property of
Husband; and Husband agrees that all of the property of Wife or in her possession
shall be the sole and separate property of Wife. The parties do hereby specifically
waive, release, renounce, and forever abandon whatever claim, if any, he or she may
have with respect to the above items which shall become the sole and separate
property of the other.
11. VEHICLES. With respect to these items, owned by one or both of the
parties, they agree as follows: The parties will retain the respective vehicles which
are in their possession.
6 NS I TS
The titles to the said motor vehicles shall be executed by the parties, if
appropriate for effecting transfer as herein provided, within thirty days of the execution
date of this Agreement, and said executed titles shall be delivered to the proper parties
on the distribution date. Each party agrees to be solely responsible for the amounts
presently due and owing against his or her respective automobiles.
12. REAL ESTATE. Husband and Wife jointly hold title to a property known
as 101 Skyline View Drive, Carlisle, Pennsylvania, which was purchased during the
parties' marriage. Regarding this property, the parties agree as follows:
(a) In exchange for the sum of $45,000.00, Wife hereby waives all her right,
title, and interest in and to the property and Husband shall have sole and
exclusive possession of this property. Wife agrees to sign, a spousal
waiver, Deed, or any other document required by any entity to confirm this
agreement; however, Wife shall not be required to provide such a
document before Husband provides payment.
(b) As of the date of separation, and without regard to when bills for such
items are incurred, received or due, HUSBAND shall be solely responsible
for all past, present, and future costs or liabilities associated with or
attributable to maintaining the residence (except as provided herein),
including but not limited to, all real estate taxes, water and sewer rents,
gas, electric, and telephone service, homeowner's insurance, and
gardening expenses and repairs, and HUSBAND shall keep WIFE and her
successors, assigns, heirs, executors, and administrators Indemnified and
held harmless from any liability, cost or expense, including; attorney's fees,
which are incurred in connection with such maintenance, costs, and
expense.
(c) Within thirty (30) days of this agreement, Husband will apply for a loan
to refinance the marital home and remove Wife's name from the mortgage.
Within ninety-days of this agreement, or upon refinancing, whichever
comes first, Husband shall pay Wife the sum of $45,000.00 in exchange for
her waiving all right, title and interest in the marital home. Husband shall
be responsible for all costs associated with the refinancing, transfer,
preparation, and filing of the Deed.
13. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. Other than as provided
by this agreement, the agree to waive any and all rights they have in and to each
other's employment benefits, including but not limited to both parties IRA's, 401(k)'s,
stock savings plans, pensions, and retirement plans and Incentive Savings Plans. The
parties agree never to assume any claim to such benefits of the other at any time in the
future.
i?- NS ( TS
Wife will retain her AIG Valic retirement, her PSERS retirement, and her E-
trade IRA.
Husband will transfer the amount of $75,000.00 from his AIG incentive
savings plan into a separate account created solely for the benefit of Wife.
The parties will divide the costs of preparation of a Qualified Domestic
Relations Order, if necessary for such transfer. Husband will retain his E-
trade IRA, any remaining funds in his AIG incentive savings Plan, his AIG
supplemental incentive savings plan, his T. Rowe Price mutual fund
portfolio, and his AIG stocks.
14. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES, AND CHILD
SUPPORT. Each party hereby waives any right to spousal support, alimony, or alimony
pendente lite, counsel fees and costs, and each party agrees to be responsible for his
or her own legal fees and expenses. The parties herein acknowledge that by this
Agreement, they have respectively secured and maintained a substantial and adequate
fund with which to provide for themselves sufficient financial resources to provide for
their comfort, maintenance, and support in the station of life to which they are
accustomed.
The parties agree that Husband will continue to pay Wife the amount of
$1500.00 per month in child support. Wife may request that this amount be paid
through Domestic Relations. Nothing in this agreement shall prevent the parties from
requesting a modification of this agreement where there is a substantial change in the
circumstances of the parties, or the child, and this agreement shall not contractually
obligate the Plaintiff or Defendant to pay an amount per month without regard to the
circumstances of the parties or the child, or the applicable child support guidelines.
15. TAXES. The parties have previously filed joint State and Federal Tax
returns. The parties intend on filing separately from this point forward. The transfers of
property pursuant to this Agreement are transfers between Husband and Wife incident
to their divorce and as such are non-taxable, with no gain or loss recognized. The
transferee's basis in the property shall be the adjusted basis of the transferor
immediately before the transfer. The transfers herein are a division of marital property
for full and adequate consideration and as such will not result in any gift tax liability.
The parties agree that the regarding any division of joint accounts, such
accounts shall be divided so that cost basis, adjusted basis, holding period, and
potential tax recapture liability of all such investments are divided equally.
F
112 pp- d-
16. RECONCILIATION; WAIVER OR MODIFICATION TO BE IN WRITING. No
modification or waiver of any of the terms hereof shall be valid unless in writing and
signed by both parties, and no waiver of any breach hereof or default hereunder shall
be deemed a waiver of any subsequent default of the same or similar nature.
Notwithstanding reconciliation between the parties, this agreement shall continue to
remain in full force and effect absent a writing signed by the parties stating that this
Agreement is null and void.
17. MUTUAL COOPERATION. Each party shall, at any time and from time to
time hereafter, take any and all steps and execute, acknowledge, and deliver to the
other party any and all further instruments and/or documents that the other party may
reasonably require for the purpose of giving full force and effect to the provisions of this
Agreement.
18. APPLICABLE LAW. The Agreement shall be construed in accordance with
the laws of the Commonwealth of Pennsylvania which are in effect as of the date of
execution of this Agreement.
19. INTEGRATION. This Agreement constitutes the entire understanding of the
parties and supersedes any and all prior agreements or negotiations between them.
There are no representations or warranties other than those expressly set forth herein.
20. OTHER DOCUMENTATION. Wife and Husband covenant and agree that
they will forthwith execute any and all written instruments, assignments, releases,
satisfactions, deeds, notes, or such other writings as may be necessary or desirable for
the proper effectuation of this Agreement.
21. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and
effect unless and until terminated under and pursuant to the terms of this Agreement.
The failure of either party to insist upon strict performance of any of the provisions of
this Agreement shall in no way affect the right of such party hereafter to enforce the
same, nor shall the waiver of any default or breach of any provision hereof by construed
as a waiver of any subsequent default or breach of the same or similar nature, not shall
it be construed as a waiver or strict performance of any other obligations herein.
22. SEVERABILITY. If any term, condition, clause, or provision of this
Agreement shall be determined or declared to be void or invalid in law or otherwise,
then only that term, condition, clause, or provisions shall be stricken from this
Agreement; and in all other respects, this Agreement shall be valid and continue in full
force, effect, and operation. Likewise, the failure of any party to meet his or her
obligations under any one or more of the paragraphs herein, with the exception of the
/D?& NSC, TS
satisfaction of the conditions precedent, shall in no way avoid or alter the remaining
obligations of the parties.
23. BREACH. If either party breaches any provisions of this agreement, the
other party shall have the right, at his or her election, to sue for damages for such
breach, or seek other remedies or relief as may be available to him or her, and the
party breaching this contract shall be responsible for payment of reasonable legal fees
and costs incurred by the other in enforcing their rights under this agreement.
24. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement
acknowledges that he or she is fully informed as to the facts relating to the subject
matter of this agreement, is entering into this agreement voluntarily, free from fraud,
undue influence, coercion or duress of any kind, has given careful thought to the
making of this agreement, has carefully read each provision of this agreement, and fully
and completely understands each provision of this agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals
the day and year first above written:
WITNESS:
?l16?08"
COMMONWEALTH OF PENNSYLVANIA
N A. c o er, Wife
):ss
COUNTY OF CUMBERND )
On this, the/ day of - , 2008, before me, the undersigned
officer, personally appeared NAN A. SCHROYER, known to me, (or satisfactorily
proven) to be the person whose n me is subscribed to the within instrument, and
acknowledged that he/she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I
COMMONWEALTH OF PENNY V
_ Niotuiv Seal
C"* Boo, = Cm*
MY Co mbsion Expires Sept. 6, 2008
set my hand and gf$cial seal.
Public
commission expires:
SEAL
AS NS9- TS
WITNESSETH:
t`
Witn
Date: t!o It Z (6 COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
):ss
royer, Husband
On this, thef2M day of 7v, ^-e- , 2008, before me, the undersigned
officer, personally appeared TIMOTHY C. SCHROYER, known to me, (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that he/she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Ca&L&?---
Notary Public U All,
My commission expires: (Q p l I vet a
SEAL
NOTARL44 SEAL
CAMELA J MANGES
Notary Public
HAMILTON TWP, FRANKLIN COUNTY
My Commission Expires Jun 21, 2010
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
Nancy A. Schroyer, Plaintiff
N O. No. 07 - 3662 Civil Term
VERSUS
Timothy C. Schroyer, Defendant
DECREE IN
DIVORCE
AND NOW, J?,j' r 006 IT IS ORDERED AND
DECREED THAT Nancy A. Schroyer , PLAINTIFF,
AND Timothy C. Schroyer , 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; The marriage settlement agreement which was filed on June 18, 2008 and signed
by the parties on June 16, 2008 shall be incorporated and not merged into this Decree.
BY THE COURT:
1
A ST: J
PROTHONOTARY
-A
C2?
NANCY A. SCHROYER,
Plaintiff
vs.
TIMOTHY C. SCHROYER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07 - 3662 Civil Term
ACTION IN DIVORCE
PETITION TO ENFORCE THE TERMS
OF MARITAL SETTLEMENT AGREEMENT
AND NOW COMES, the Petitioner, Nancy A. Schroyer, by and through her
Attorney, Jane Adams, Esquire, and avers as follows:
1. Plaintiff/Petitioner is Nancy A. Schroyer, Plaintiff in the above-captioned
matter. She currently lives at 26 Sussex Drive, Carlisle, Pa. 17013.
2. Defend ant/Respondent is Timothy C. Schroyer, Defendant in the above-
captioned matter. He currently lives at 101 Skyview Drive, Carlisle, Pa. 17013, which
was the marital home.
3. On June 16, 2008, the parties entered into a Marriage Settlement Agreement,
which was filed under the above-captioned docket number and incorporated into the
Divorce Decree, which was entered July 1, 2008.
4. Under paragraph 13 of the marriage settlement agreement Husband was to
sign a Qualified Domestic Relations Order, transferring the amount of $75,000.00 from
his retirement to Wife.
5. Husband refuses to sign any document which will transfer any amount to
Wife, even though Wife's attorney has made repeated requests for him to do so.
6. Husband indicated to Wife's counsel several weeks ago that he had retained
an attorney; however, Wife's counsel as of this date has not received any formal
correspondence from said attorney.
7. Wife is extremely concerned about the refusal to transfer the amount which is
due to her; especially given the current market conditions and status of AIG.
8. Husband refuses to comply with the marriage settlement agreement and is in
breach. Pursuant to paragraph 23 of the agreement, which provide that any breaching
party must pay legal fees to the non-breaching party, Wife is requesting such fees.
9. Wife is requesting that Husband be ordered to comply with the marriage
settlement agreement and she is requesting legal fees and any other such damages as
might be found reasonable.
Ily submitted,
oate Y???o9
One /Adams, Esquire
D. 0.79465
X 17 V. South St.
rlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
VERIFICATION
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 unsworn falsification to authorities.
Date: o P7
q1I ?/
J
a cy tc)roye
r, Plaintiff
OF THE PRXM ?H ` .,?ARY
2009 APR 2 l Pr`s E: 14
MAIL-
NANCY A. SCHROYER,
Plaintiff
vs.
APR 2 2
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07 - 3662 Civil Term
TIMOTHY C. SCHROYER, ACTION IN DIVORCE
Defendant
RULE TO SHOW CAUSE
AND NOW, this 2A day of p'--' (. , 2009, upon
consideration of the Petition to Enforce Marital Settlement Agreement, a Rule is hereby
entered upon the Respondent, Timothy C. Schroyer, to show cause why the relief
requested in the attached Petition should not be granted.
Rule returnable in _2,0 days from the date of service.
cc: ?
Jane Adams, Esquire
.//Lee Oesterling, Esquire
12OF ?oes m.at LXL
BY THE COURT:
tt f,
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Ij
? 8V
NANCY A. SCHROYER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. No. 07 - 3662 Civil Term
TIMOTHY C. SCHROYER, : ACTION IN DIVORCE
Defendant
MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE
AND NOW COMES, the Plaintiff, Nancy A. Schroyer, by and through her
Attorney, Jane Adams, Esquire, and moves this Honorable Court as follows:
1. Plaintiff, Nancy A. Schroyer, (hereinafter referred to as "Wife"), is the Plaintiff
and Petitioner in the above-captioned matter.
2. Defendant and Respondent is Timothy C. Schroyer (hereinafter referred to as
"Husband"), and is represented by Lee Oesterling, Esquire.
3. On April 21, 2009, Wife filed a Petition to Enforce the Terms of the Marriage
Settlement Agreement, since Husband refused to sign a Domestic Relations Order as
provided in the marriage settlement agreement, which was filed in incorporated into the
final Divorce Decree.
4. On April 28, 2009 a Rule to Show Cause was issued by this Honorable Court,
upon Defendant, to show cause why the relief requested should not be granted.
5. On May 8, 2009, a copy of the Rule to Show Cause and Petition were served on
Defendant's Attorney, Lee Oesterling. (See Exhibit A, Affidavit of Service, attached
hereto.)
6. Since service, Defendant has not signed the requested Domestic Relations
Order and to Plaintiff's knowledge, has not filed a response to the Rule to Show Cause.
7. Over twenty (20) days have passed since the Rule was served on Defendant.
8. Due to Husband's lack of cooperation, Wife has incurred Attorney's fees, a copy
of which are detailed in Exhibit B, which is attached.
9. The marriage settlement agreement between the parties provided that a
breaching party would be responsible for paying the attorney's fees for enforcement of the
non-breaching party.
10. Wife knows of no reasonable basis for Husband's delay in providing the
requested information other than to delay the rightful transfer of funds.
11. Wife is requesting the following relief:
(a) Wife's is requesting that Husband sign the Domestic Relations Order,
within ten days of Court Order or, if he does not, then Wife shall be
authorized to sign on his behalf.
(b) That Husband be required to pay attorney's fees to Wife in the amount
of $760.00 within ten (10) days due to the fact that such fees were incurred
as a direct result of Husband breaching the marriage settlement agreement.
12. This matter was previously assigned to Judge Oler.
13. It is assumed that Husband is not in agreement with this Motion.
WHEREFORE, Wife respectfully moves this Honorable Court to make the Rule to
Show Cause absolute and grant her the requested relief.
oate 4[/ q /0q
J Adams, Esquire
. South St.
F;7) le, Pa. 17013
245-
8508
I.D. No. 79465
Attorney for Petitioner
NANCY A. SCHROYER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. No. 07 - 3662 Civil Term
TIMOTHY C. SCHROYER, ACTION IN DIVORCE
Defendant
AFFIDAVIT OF SERVICE
AND NOW, this June 19, 2009, I, Jane Adams, Esquire, hereby certify that on
May 8, 2009, a certified true copy of the MOTION AND RULE TO SHOW CAUSE were
served upon the following person, via certified mail, return receipt requested at the
following address:
Lee Oesterling, Esquire
155 S. Hanover St.
Carlisle, Pa. 17013
DEFENDANT'S
ATTORNEY
¦ Complete Items 1, 2, and 3. Also complete
Item 4 K Restricted DeMwery Is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mallplece,
or on the frond H space permits.
L-R-9- 025kzr1inrJ.. cs?.
tss s , hk,f,c,,,? Sk .
C, PA, not 3
1. Article Addressed to:
A-
X
? Agent
B. Rdestwed Printed ) C. Date Dellwy
D. Is dell very address different 1? yes
H YEs, order damy address below: O No
3.??SIYW
C Mall ? Egress Mall
? Reglabered ? Retum Receipt for Merchandise
? ktsrsed mail ? C.O.D.
4. ResbtCMd Dellver?/t (Ext?a Fee) ? Yea
2. AAlols Number
M•WWaomservice kw 7007 1490 0003 0141 8076
PS Forth 3811, February 2004 Domestic Retum Rsoelpt loaese-o¢-WiM
Respectfully Subm
'J one Adams, Esquire
. D. No. 79465
17 West South St.
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
Jane Adams
ATTORNEY AT LAW
17 WEST SOUTH STREET
CARLISLE, PA. 17013
(717) 245-8508 voice
VIA CERTIFIED MAIL
May 6, 2009
Lee Oesterling, Esquire
Rominger & Associates
155 S. Hanover St.
Carlisle, Pa. 17013)
Re: Schroyer v. Schroyer
Dear Lee:
Enclosed please find a copy of my petition to enforce the marriage settlement agreement
and rule to show cause.
Thank you for your attention to this matter. Please feel free to contact me if you have any
questions regarding the above.
Very truly yours,
Ja e Adams, Esquire
C
cc: Nancy Schroyer
Jane Adams
ATTORNEY AT LAW
17 WEST SOUTH STREET
CARLISLE, PA. 17013
(717) 245-8508 voice
(717) 245-8538 fax
Statement
Date: June 19, 2009
To: Nancy Schroyer
Case: Schroyer v. Schroyer
Description
Time
Fee
8/30/08 Prepared QDRO.
9/12/08 Phone call.
9/15/08 Phone call.
9/19/08 Called AIG, Nancy Schroyer, and Tim Schroyer. Prepared and
forwarded documents.
10/3/08 Called Vanguard and AIG re:QDRO.
10/28/08 Called client.
2/5/09 Call attorney and client.
3/14/09 Prepared Petition to enforce marriage settlement agreement.
4/14/09 Called attorney.
4/17/09 Prepared and filed Petition to enforce marriage settlement
agreement; distributed copies.
5/6/09 Prepared and forwarded Rule to Show Cause, via certified mail.
6/11/09 Prepared Motion to Make Rule to Show Cause Absolute along with
exhibits.
6/17/09 Phone call.
6/19/09 Prepared, filed and forwarded Motion to Make Rule to Show Cause
Absolute.
Hours provided at $190/hour.
1.0
.1
.1
.2
.2
1
1
.5
.1
.3
.2
.5
.5
4.0
=$760.00
?klt) 9 rrB
VERIFICATION
I verify that the statements made in this MOTION 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: I? nc . S oyer, Plaintiff
v ?
NANCY A. SCHROYER,
Plaintiff
vs.
TIMOTHY C. SCHROYER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07 - 3662 Civil Term
ACTION IN DIVORCE
CERTIFICATE OF SERVICE
I, Jane Adams, Esquire, do hereby certify that on this date, I served a true and
correct copy of the foregoing MOTION, in the above-captioned matter upon the
following individual(s) by first class mail, postage prepaid, addressed as follows:
Lee Oesterling, Esquire
155 S. Hanover St.
Carlisle, Pa. 17013
ATTORNEY FOR DEFENDANT
DATED:
Jane Haams, tsquire
17 W. South St.
Carlisle, Pa. 17013
(717) 245-8508
Attorney for Plaintiff
C c' ` ,?
'(fir^?C. r;
? ? +. ?
?? ?
r, , ?., _?
,j
D
i JUN 2 2 2009,
NANCY A. SCHROYER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. No. 07 - 3662 Civil Term
TIMOTHY C. SCHROYER, : ACTION IN DIVORCE
Defendant
ORDER OF COURT
AND NOW, this 2-3c 4 Day of 2009, upon
consideration of Plaintiff's Motion to Make the Rule to Show Cause Absolute,
the following relief is granted:
A. Husband is directed to sign the Domestic Relations Order, attached
hereto, which was prepared pursuant to the parties' marriage settlement
agreement within ten (10) days of this Order.
B. If Husband does not sign the Domestic Relations Order within ten (10)
days, then Wife is granted an immediate Power of Attorney, to sign the
Domestic Relations Order on Husband's behalf.
C. Husband shall be required to pay attorney's fees to Wife in the amount
of $703.00 within ten (10) days of this Order.
cc: Jane Adams, Esquire
Lee Oesterling, Esquire
RV TuC r+r%i Ir,T_
2009 J!J f3 Fll 57
I' LI`? ,mtlir ? ' .
NANCY A. SCHROYER,
Plaintiff
vs.
TIMOTHY G. SCHROYER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07 - 3662 Civil Term
ACTION IN DIVORCE
MOTION FOR ENTRY OF DOMESTIC RELATIONS ORDER
AND NOW COMES, the Plaintiff, Nancy A. Schroyer, by and through her
Attorney, Jane Adams, Esquire, and moves this Honorable Court as follows:
1. Plaintiff, Nancy A. Schroyer, (hereinafter referred to as "Wife"), is the Plaintiff
and Petitioner in the above-captioned matter.
2. Defendant and Respondent is Timothy C. Schroyer (hereinafter referred to as
"Husband"), and is represented by Lee Oesterling, Esquire.
3. On April 21, 2009, Wife filed a Petition to Enforce the Terms of the Marriage
Settlement Agreement, since Husband refused to sign a Domestic Relations Order as
provided in the marriage settlement agreement, which was filed and incorporated into the
final Divorce Decree.
4. On April 28, 2009 a Rule to Show Cause was issued by this Honorable Court,
upon Defendant, to show cause why the relief requested should not be granted.
5. On June 19, 2009, Wife's attorney filed a Motion to Make the Rule to Show
Cause Absolute.
6. An Order was entered by this Honorable Court on June 23, 2009, a copy of
which is attached as Exhibit A.
7. Ten days have passed since the Order was entered.
8. As of today's date, Husband has still not signed the Domestic Relations Order.
9. Wife now has attorney's fees of $893.00. (Please see Exhibit B).
10. As of todays' date, Husband has riot paid Wife's attorneys' fees as directed by
the Order.
11. Wife has signed a copy of the proposed Domestic Relations Order on her
behalf, and on Husband's behalf, as the Order provided she would be granted Power of
Attorney to sign on his behalf after ten (10) days.
12. Wife has witnessed no action on behalf of Husband which would lead her to
believe he has any intent of signing the Domestic Relations Order or paying her attorney's
fees as provided by the marriage settlement agreement or Order of Court.
13. Wife is requesting that the amount of the Domestic Relations Order be
amended to the amount of $76,116.25 which represents the agreed upon amount of
$75,000.00 plus $1116.25. The amount of $1116.25 would compensate Wife for her
attorney's fees of $893.00 after the 20% penalty is withheld.
14. This matter was previously assigned to Judge Oler.
15. It is assumed that Husband is not in agreement, since there has been
absolutely no cooperation with Wife's requests since the Divorce Decree was entered
approximately one year ago.
WHEREFORE, Wife respectfully moves this Honorable Court to enter the attached
Domestic Relations Order.
oate: -??io/c9
By:
44-n6 Adams, Esquire
17 W. South St.
Carlisle, Pa. 17013
(717) 245-8508
I. D. No. 79465
Attorney for Petitioner
JUN 2 ? 2009 (?
NANCY A. SCHROYER,
Plaintiff
vs.
TIMOTHY C. SCHROYER,
Defendant
AND NOW, this ? 3-mac.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07 - 3662 Civil Term
ACTION IN DIVORCE
ORDER OF COURT
Day of
414-
2009,upon
consideration of Plaintiff's Motion to Make the Rule to Show Cause Absolute,
the following relief is granted:
A. Husband is directed to sign the Domestic Relations Order, attached
hereto, which was prepared pursuant to the parties' marriage settlement
agreement within ten (10) days of this Order.
B. If Husband does not sign the Domestic Relations Order within ten (10)
days, then Wife is granted an immediate Power of Attorney, to sign the
Domestic Relations Order on Husband's behalf.
C. Husband shall be required to pay attorney's fees to Wife in the amount
of $703.00 within ten (10) days of this Order.
BY THE COURT:
cc: Jane Adams, Esquire
Lee Oesterling, Esquire
IIC5?v h416 eT-- 15)-
, IN I )
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J.
rRUE COPY FROM RECORD
i Testimony whereof, I here unto set my hang
nd the sell of said CoIr at Carlin. Pa.
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pratltiana?tw
Jane Adams
ATTORNEY AT LAW
17 WEST SOUTH ST.
CARLISLE, PA. 17013
(717) 245-8508 voice
esgadams(a-)_gmail.com
Statement
Date: July 8, 2009
To: Nancy Schroyer
Description Time. Fee
6/19/09 Previous balance $760.00
7/8/9 Preparation and filing of QDRO along with Motion .4
7/8/9 Met with client; preparation and hand-delivery of Motion .3
Additional time @ $190/hr .7 x $190= $133.00
TOTAL AMOUNT REQUESTED $893.00
ExM&T g
Jane Adams
ATTORNEY AT LAW
17 WEST SOUTH STREET
CARLISLE, PA. 17013
(717) 245-8508 voice
(717) 245-8538 fax
Statement
Date: June 19, 2009
To: Nancy Schroyer
Case: Schroyer v. Schroyer i 1
f !
Description
8/30/08 Prepared QDRO.
9/12108 Phone call.
9/15/08 Phone call.
9/19/08 i
Called AIG, Nancy Schroyer, and Tim Schroyer. Prepared and
forwarded documents.
i
10/3/08 Called Vanguard and AIG re:QDRO.
10/28/08 i ?
Called client.
2/5/09 I
Call attorney and client.
3/14/09 Prepared Petition to enforce marriage settlement agreement. i
4/14/09 Called attorney.
4/17/09 Prepared and filed Petition to enforce marriage settlement
agreement; distributed copies.
5/6/09 Prepared and forwarded Rule to Show Cause, via certified mail. l
6/11109 !
Prepared Motion to Make Rule to Show Cause Absolute along with
exhibits.
6/17/09 I Phone call.
6/19/09 Prepared, filed and forwarded Motion to Make Rule to Show Cause
Absolute.
i
I
Hours provided at $1901hour.
Time Fee
1.0 j
.1 f
i
.1
I
.2 j
i
.2 i
.1
1?
.5 i
.1
.3
.2 I
.5
I
.1
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.5
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4.0 I =$760.00
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VERIFICATION
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 unsworn falsification to authorities.
Date: -,-) 9 Cj? cy Schroyer, Plaintiff
CERTIFICATE OF SERVICE
I, Jane Adams, Esquire, do hereby certify that on this date, I served a true and
correct copy of the foregoing MOTION in the above-captioned matter upon the
following individual(s) by first class mail, postage prepaid, addressed as follows:
Lee Oesterling, Esquire
155 S. Hanover St.
Carlisle, Pa. 17013
ATTORNEY FOR HUSBAND
DATED: d
;bane Adams, Esquire
17 W. South St.
Carlisle, Pa. 17013
(717) 245-8508
Attorney for Wife
Flll
n T?- r- _ ?Tlr Ji1/
j t:
'.f
NANCY A. SCHROYER,
Plaintiff
vs.
TIMOTHY C. SCHROYER,
Defendant
JUL 13 2009
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07 - 3662 Civil Term
ACTION IN DIVORCE
DOMESTIC RELATIONS ORDER
AND NOW, this t? (tDay of J l tj 2009, it is
hereby ORDERED AND DECREED as follows:
1. Effect of This Order as a Qualified Domestic Relations Order: This
Order creates and recognizes the existence of an Alternate Payee's right to receive a
portion of the Participant's benefits payable under an employer sponsored defined
contribution plan which is qualified under Section 401 of the Internal Revenue Code
(the "Code") and the Employee Retirement Income Security Act of 1974 ("ERISA"). It is
intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section
414(p) of the Code and Section 206(d)(3) of ERISA.
2. Participant Information: The name, last known address, birth date and social
security number of the plan "Participant" are:
Name: Timothy C. Schroyer
Address: 101 Skyline View Drive
Carlisle, Pa. 17013
SS#: (Provided separately).
Birth Date: 3/9/1967.
3. Alternate Payee Information: The name, last known address, social security
number and date of birth of the "Alternate Payee" are:
Name: Nancy Schroyer
Address: 26 Sussex Drive
Carlisle, Pa. 17013
SS#: (Provided separately).
Birth Date: 1/9/1971
The Alternate Payee shall have the duty to notify the Plan Administrator in writing,
of any changes in his or her mailing address subsequent to the entry of this Order.
4. Plan Name: The name of the Plan to which this Order applies is the AIG
Incentive Savings Plan (hereinafter referred to as "Plan"). Further, any successor plan
to the Plan or any other plan(s) to which liability for provision of the Participant's benefits
described below is incurred, shall also be subject to the terms of this Order. Also, any
benefits accrued by the Participant under a predecessor plan of the employer or any other
defined contribution plan sponsored by the Participant's employer, whereby liability for
benefits accrued under such predecessor plan or other defined contribution plan has been
transferred to the Plan, shall also be subject to the terms of this Order. Any changes in
Plan Administrator, Plan Sponsor or name of the Plan shall not affect Alternate Payee's
rights as stipulated under this Order.
5. Pursuant to State Domestic Relations Law: This Order is entered pursuant to
the authority granted in the applicable domestic relations laws of the Commonwealth of
Pennsylvania, and the court finds that is has jurisdiction over the parties and the Plan
subject to this Order.
6. For Provision of Marital Property Rights: This Order relates to the provision
of marital property rights and/or spousal support to the Alternate Payee as a result of the
Order of Divorce between Participant and Alternate Payee.
7. Amount of Alternate Payee's Benefit: This Order assigns to the Alternate
Payee an amount of $76,116.25 of the Participant's Total Account Balance accumulated
under the Plan as of the date of this ORDER, (or the closest valuation date thereto), plus
any interest and investment earnings or losses attributable thereon from such date until the
date of total distribution to the Alternate Payee (or the closest valuation date thereto). The
Alternate Payee's share of the Total Account Balance shall become the Alternate Payee's
sole and separate property as of the Division Date, which is the date that this Order is
determined to be qualified, and, in the event the Alternate Payee does not elect an
immediate distribution, his/her share of the benefits described above shall be transferred
to a segregated and separately maintained account in the Plan established on behalf
of the Alternate Payee. The Alternate Payee's share of such Total Account Balance shall
be allocated on a "pro-rata" basis from each of the Participant's sub-accounts maintained
on the Participant's behalf under the Plan.
Such Total Account Balance shall be determined without regard to any account reduction
caused by Participant's prior loan(s), if any, from the Plan. Any such loans shall continue
to be repaid from the Participant's remaining share of the account.
8. Commencement Date and Form of Payment to Alternate Payee: If the
Alternate Payee so elects, he/she shall be paid his/her benefits as soon as administratively
feasible following the date this Order is approved as a QDRO by the Plan Administrator
(even though the Participant may continue in the employment of the Company), or at the
earliest date permitted under the Plan or Section 414(p) of the Internal Revenue Code, if
later. Benefits will be payable to the Alternate Payee in any form or permissible option
otherwise available to participants and Alternate Payee's under the terms of the Plan,
including, but not limited to, a single lump-sum cash payment.
9. Alternate Payee's Rights and Privileges: On and after the date that this
Order is deemed to be a Qualified Domestic Relations Order, but before the Alternate
Payee receives his/her total distribution under the Plan, the Alternate Payee shall be
entitled to all of the rights and election privileges that are afforded to Plan beneficiaries,
including, but not limited to, the rules regarding the right to designate a beneficiary for
death benefit purposes and the right to direct Plan investments, only to the extent
permitted under the provisions of the Plan.
10. Death of Alternate Payee: If the Alternate Payee dies prior to the Division
Date, this Order shall be rendered void, and the Participant shall be entitled to receive
the Participant's entire account balance (subject to any other qualified domestic
relations orders). If the Alternate Payee dies on or after the Division Date, but prior to
Alternate Payee receiving the full amount of benefits called for under this Order and
under the benefit option chosen by Alternate Payee, such Alternate Payee's
beneficiary(ies), as designated on the appropriate form provided by the Plan
Administrator (or in the absence of a beneficiary designation, her estate), shall receive
the remainder of any unpaid benefits under the terms of this Order. In no event will the
Participant have any right to any of the Alternate Payee's account after the Division
Date.
11. Death of Participant: In the Participant dies prior to the Division Date, the
Alternate Payee shall be treated as the surviving spouse of the Participant for any death
benefits payable under the Plan with regard to the Participant's entire account balance
under the Plan, unless the Alternate Payee and the Participant had previously waived the
Alternate Payee's survivor rights in favor of another party. If the Participant dies on or after
the Division date, the Alternate Payee shall not be treated as the surviving spouse, but
shall continue to be entitled to the Alternate Payee's account as stipulated herein..
12. Savings Clause: This Order is not intended, and shall not be construed in
such a manner as to require the Plan:
(a) to provide any type or form of benefit option not otherwise provided under the terms of
the Plan;
(b) to require the Plan to provide increased benefits determined on the basis of actuarial
value; or
(c) to require the payment of any benefits to the Alternate Payee which are required to
be paid to another alternate payee under another order which was previously deemed
to be a QDRO.
13. Certification of Necessary Information: All payments made pursuant to
this Order shall be conditioned on the certification by the Alternate Payee and the Partici-
pant to the Plan Administrator of such information as the Plan Administrator may
reasonably require from such parties to make the necessary calculation of the benefit
amounts contained herein.
14. Continued Qualified Status of Order: It is the intention of the parties that
this QDRO continue to qualify as a QDRO under Section 414(p) of the Internal Revenue
Code, as it may be amended from time to time, and that the Plan Administrator shall
reserve the right to reconfirm the qualified status of the Order at the time benefits become
payable hereunder.
15. Tax Treatment of Distributions Made Under this Order: For purposes of
Sections 402(a)(1) and 72 of the Internal Revenue Code, any Alternate Payee who is the
spouse or former spouse of the Participant shall be treated as the distributee of any
distribution or payments made to the Alternate Payee under the terms of this Order, and
as such, will be required to pay the appropriate federal income taxes on such distribution.
The Participant and the Alternate Payee shall each be responsible for his or her own
federal, state and local income and other taxes attributable to any and all payments made
from the Plan, to the extent applicable, to such parties respectively.
16. Constructive Receipt: In the event that the Plan Trustee inadvertently pays
to the Participant any benefits which are assigned to the Alternate Payee pursuant to the
terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the
extent that he/she has received such benefit payments, and shall forthwith pay such
amounts so received directly to the Alternate Payee within ten (10) days of receipt.
17. Continued Jurisdiction: The court shall retain jurisdiction to establish and/or
maintain the qualified status of this Order and to effectuate the original intent of the parties
as stipulated herein until such time as the obligations to the Alternate Payee under this
Order have been fully paid and discharged. The court shall also retain jurisdiction to enter
such further orders as are necessary to enforce the assignment of benefits to the former
spouse, including the recharacterization thereof, as a division of benefits under another
plan, as applicable, or to make an award of spousal support, if applicable, in the event that
the employee or the plan administrator fail to comply with the provisions contained herein.
Furthermore, the court retains jurisdiction to enter orders, including nunc pro tunc orders,
that are just and equitable so long as the orders are not inconsistent with any other
provisions of the Decree. Or the Plan
18. Plan Termination: In the event of a Plan termination, the Alternate Payee
shall be entitled to receive his/her portion of Participant's benefits as stipulated herein in
accordance with the Plan's termination provisions for participants and beneficiaries.
19. Actions By Participant: The Participant shall not take any actions,
affirmative or otherwise, that can circumvent the terms and provisions of this Qualified
Domestic Relations Order, or that could diminish or extinguish the rights and
entitlements of the Alternate Payee as set forth herein. Should the Participant take any
action or inaction to the detriment of the Alternate Payee, he/she shall be required to
make sufficient payments directly to the Alternate Payee to the extent necessary to
neutralize the effects of his actions or inactions and to the extent of his/her full
entitlements hereunder.
F
f
anc Sc er, Alternate Payee
Aaancy er
, Power of Attorney
for Parti DATE
D THIS DAY OF
' 20 n t
IT IS SO ORDERED.
cc: "Jane Adams, Esquire
?
Lee Oesterling, Esquire
12,c>pl E5 m?
CONSENTED:
BY THE COURT:
UQ