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HomeMy WebLinkAbout09-5133G v Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbrna-tbmesquire. corn Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LILLIAN M. SCHREIER Plaintiff V. NO. Og- 5'/ 3 3 Civil Term JAMES PETER SCHREIER Defendant CIVIL ACTION - 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. O When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF 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 2 Liberty Avenue, Carlisle, PA 17013 800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. BY THE COURT: J. 2 Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbmatbmesouire.com Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LILLIAN M. SCHREIER Plaintiff V. NO. 09- s? 3 3 JAMES PETER SCHREIER Defendant CIVIL ACTION - DIVORCE COMPLAINT IN DIVORCE Count I - Divorce Civil Term 1. Plaintiff is Lillian M. Schreier who currently resides at 512 Nursery Drive North, Mechanicsburg, Cumberland County, Pennsylvania since in or around November 10, 2005. 2. Defendant is James Peter Schreier who currently resides at 1120 Old Mountain Road, Dillsburg, York County, Pennsylvania since in or around June 6, 2009. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The parties were married on May 10, 1997 in Camp Hill, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The grounds for divorce are: a. The marriage is irretrievably broken. b. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. 7. 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. Wherefore, Plaintiff requests the Court to enter a divorce decree. Count II - Equitable Distribution 8. Plaintiff incorporates by reference paragraphs 1 through 7. 9. During the marriage, Plaintiff and Defendant acquired real and personal property. Wherefore, Plaintiff requests the Court to enter an Order equitably dividing all the marital property and the marital liabilities. Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, U# 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorneys for Plaintiff Date: July 28, 2009 2 VERIFICATION 1 verify that the statements made in the foregoing document 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. Lillian M. Schreier Date:. ?? I sl aq 6 -r ; ')?Jn, c1? aq. 47:3 e ??-3y3s A#L Ju'. 2009 ".,3AV ' ERESA BARRETT MALE, ESQ, No. 8070 P. $ Law offlo of Theresa Barrett Male Thwen BhnStt M Wa, Esquire, ID # 46M Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second SVest Hartis mM. PA 17101-1058 (717) 233.3220 ft. mbmwauire=m Attomeys Tar Plaintlff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LILLIAN M. SCHREIER Plaintiff : V. NO. 09-5133 Civil Term JAMES PETER SCHREIER Del6ndant CIVIL ACTION -- DIVORCE ACCEPTANCE OF SERVICE I accept service of the service on behalf of defenda Date: A Ust 200 c ?t !5` 7 r;-"`??J f-iv?..7 r? ''Y;?i ,t .. t' zw rri a ? Law Offices of Elizabeth B. Stone z ---v -? - ., 3507 Market Street, Suite 303 ; Camp Hill, PA 17011 c Telephone: (717) 909-1500 Facsimile: (717) 731-8115 v ?`? m estone@tanner-law.com LILLIAN M. SCHREIER, § IN THE COURT OF COMMON PLEAS Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 09-5133 Civil Term JAMES PETER SCHREIER, § CIVIL ACTION - IN DIVORCE Defendant § AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on July 29, 2009. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) 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 Notice of Intention to Request Entry of Divorce. 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 unworn falsification to authorities. Date: s-bb James Peter Schreier, Defendant l'"7 r"t7 "`v MCD Law Offices of Elizabeth B. Stone 3507 Market Street, Suite 303 Camp Hill, PA 17011 Telephone: (717) 909-1500 Facsimile: (717) 731-8115 c estone@tanner-law.com LILLIAN M. SCHREIER, § IN THE COURT OF COMMON PLEAS Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 09-5133 Civil Term JAMES PETER SCHREIER, § CIVIL ACTION - IN DIVORCE Defendant § WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 5/ b Z J P, S James Peter Schreier, Defendant .1o0q- 5133 Ind F' TIrIC 2 2 A U G -3 AN G: 2 MARITAL SETTLEMENT AGREEME OMERLAND COU14 ,° PENNSYLVAtft' This Agreement is entered into on July y lug , 2012 between Lillian Schreier ("Wife") and James Peter Schreier ("Husband"). RECITALS WHEREAS, Wife and Husband were married on May 10, 1997 in Camp Hill, Pennsylvania; and WHEREAS, two children were born of this marriage, viz., Samuel Schreier (dob: 10/16/01) and Benjamin Schreier (dob: 05/16/04), and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, who intend to live separate and apart for the rest of their natural lives, and WHEREAS, on July 29, 2009, Wife filed a Complaint in Divorce in the Cumberland County Court docketed to #09-5133 Civil Term ; and WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including but not limited to the ownership and equitable distribution of real and personal property; past, present and future support, alimony and/or maintenance; child custody and child support, if applicable; and any and all claims which either party has, or may have, against the other orthe other's estate. NOW THEREFORE, in consideration of the mutual promises, covenants and undertakinc hereinafter set forth and for other good and valuable consideration, receipt of which the acknowledge, the parties, each intending to be legally bound, hereby covenant and agree to the terms set forth in this Agreement. 1. ADVICE OF COUNSEL Wife has been represented by Theresa Barrett Male, Esquire. Husband has represented by Elizabeth B. Stone, Esquire. Each party acknowledges receiving indepen legal advice from that party's counsel, including all rights under the Pennsylvania Divorce Cod and other applicable laws. The parties understand that the Court has the right and the duty determine and dispose of their rights, including divorce, alimony, alimony pendente lite, equita distribution of marital property, counsel fees, costs and expenses. By signing this Agreement, t parties accept and acknowledge that they are waiving their rights to have the Court make a determination or order affecting these rights. Additionally, each party's counsel has expla fully the provisions of this Agreement and their legal effect. 2. SEPARATION Each party shall have the right to live separate and apart from the other party, free from the other party's interference, authority and control. Neither party shall harass the other attempt to harass the other, nor compel the parties' cohabitation. 3. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as provided in this Agreement, both parties absolutely and unconditionally release and forever discharge each other and their heirs, executors, administrators, assigns, property and estates from any and all rights, claims demands or obligations arising out of or by virtue of the Page 2 Of 2 marital relationship, whether such claims exist now or arise in the future. This release shall effective regardless of whether such claims arise out of former or future acts, engagements or liabilities of the parties or by way of dower, curtesy, widow's rights, fam exemption or similar allowance, or under the intestate laws, or the right to take against spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all of rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under laws of Pennsylvania, any state, commonwealth or territory of the United States, or of country. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement, each party gives to the other an absolute and unconditional release and discharge from all causes of action, claims, rig or demands whatsoever, in law or in equity, which either party ever had or now has against the other, including but not limited to alimony, alimony pendente lite, equitable distribution marital property, counsel fees or expenses. 4. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in section 3105(a) of the Divorce Code. As provided in section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Page 3 of 3 5. EXECUTION OF AFFIDAVITS AND WAIVERS Concurrently with signing this Agreement, the parties shall execute affidavits consenti to the divorce, and waivers of notice of intent to request entry of the divorce decree. 6. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement is the date upon which it is signed by the parties if they sign the Agreement on the same date. Otherwise, the "date execution" or "execution date" shall be the date on which the last party signed this Agreement. 7. HEADINGS NOT PART OF AGREEMENT The descriptive headings preceding the paragraphs are for convenience and shall affect the meaning, construction or effect of this Agreement. 8. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS Each separate obligation shall be deemed to be a separate and independent covenant a agreement. If a court declares any term, condition, clause or provision of this Agreement void invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken. Ir all other respects, this Agreement shall be valid and continue in full force, effect and operation. 9. ADDITIONAL INSTRUMENTS Within ten (so) days after a request to do so, each party shall execute, acknowledge and deliver to the other any and all instruments, assignments, releases, satisfactions, deeds, notes, ERISA waivers, or other writings that may be necessary to give full force and effect to this Agreement. Page 4 of 4 10. AGREEMENT BINDING ON HEIRS With the exception of child support, this Agreement shall be binding on and shall inure the benefit of the parties and their heirs, executors, administrators, successors and assigns. 11. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes a and all prior agreements and negotiations between them. There are no representation warranties, covenants or promises otherthan those expressly set forth in this Agreement. 12. MODIFICATION OR WAIVER TO BE IN WRITING No modification or waiver of any term of this Agreement shall be valid unless in writi and signed by both parties. 13. NO WAIVER OF DEFAULT Either party's failure to insist upon strict performance of any term of this Agreement shall in no way affect the right of that party to enforce the term. 14. APPLICABLE LAW This Agreement shall be construed underthe laws of the Commonwealth of Pennsylvania. 15. VOUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. Page 5 of 5 16. ENFORCEMENT The breaching or defaulting party shall pay all legal fees, costs, expenses, and all other damages incurred by the other in enforcing this Agreement whether through court, med private contact between the parties and/or counsel, or other dispute resolution processes. IT DISCLOSURE OF ASSETS The parties acknowledge that their attorneys have advised them of their rights to seel discovery under the Pennsylvania Divorce Code and the Pennsylvania Rules of Civil Procedure, including interrogatories, motions for production of documents, the taking of oral depositions, and the filing of inventories. The parties confirm that there has been full and fair disclosure to each other of the income, assets and liabilities, whether such are held jointly, in the name of one party alone, or in the name of one party and another individual or individuals. Each party waives any right further disclosure, valuation, enumeration or statement of such income, assets or liabilities. Neither party desires to make or append to this Agreement any additional enumeration or statement. Neither party shall sue the other party or that party's heirs, executors, administrators or assigns, alleging denial of any right to full disclosure, or fraud, duress, undue influence or failure to have available full, proper and independent representation by legal counsel. The parties acknowledge that, other than inspecting the documents provided by the parties, their attorneys have not made any independent investigation of the character, value, or extent of the parties' assets, debts or income. In entering into this Agreement, the parties are Page 6 of 6 relying on their disclosures to each other and not on independent verification by their attorneys the accuracy or completeness of the parties' disclosures. If either party later determines that t other has failed to disclose fully and fairly that party's income, assets and liabilities, t determining party retains a right to assert against the other a claim for failure to disclose, including but not limited to imposition of a constructive trust. If either party subsequently discovers any property interest not identified in thi Agreement, that property shall be divided equally. If, however, one party knowingly concealed misrepresented the existence of the property, then that property shall become the sole a separate property of the other. The concealing party shall pay all costs associated with the failu to disclose, including but not limited to transfer costs and legal fees and expenses. 18. WIFE'S AND HUSBAND'S DEBTS Except as otherwise set forth in this Agreement, the parties represent and warrant each other that they have not incurred and will not contract or incur any debt or liability foi which the other or the other's estate might be responsible. Each party shall indemnify an( save harmless the other from any and all claims or demands made against the other by reasor of debts or obligations incurred by that party. 19. EFFECT OF RECONCILIATION OR COHABITATION The parties' reconciliation, attempt to reconcile, or cohabitation as husband and wife, shall not abrogate the terms of this Agreement. This Agreement shall remain in full force and Page 7 of 7 effect unless the parties modify the Agreement as provided in paragraph 12 or execute notarized statement declaring this Agreement and all its provisions null and void. 20. INDEMNIFICATION Each party shall indemnify and hold harmless the other from all claims, actions proceedings seeking to hold the other party liable for any debts or obligations for which th party is liable under the terms of this Agreement. Each party shall notify the other in writ within five (5) days of service or receipt of any notice that litigation has been threatened instituted against either party which might constitute the basis for a claim for indem pursuant to the terms of this Agreement. 21. EQUITABLE DISTRIBUTION A. Real Estate The parties previously held title as tenants by the entireties to improved real located at 512 Nursery Drive North, Mechanicsburg, Cumberland County, Pennsylvania. Prior executing this Agreement, Husband transferred to Wife his right, title and interest in and to th property. Concurrently with Husband's execution of the deed, Wife satisfied the joint first mortgage. Wife shall continue to be solely responsible for the timely payment of the joint Installment Loan which is recorded as a second mortgage against the real estate, and shall indemnify and hold harmless Husband from all efforts by the creditor to enforce this obligation against Husband. Page 8 of 8 B. Pension and Retirement Benefits During the marriage, each party acquired retirement benefits. Each party shall retain a pension and retirement benefits titled in that party's name, and each waives and relinquishes al claims which either may have to the other's benefits. Specifically, Husband will retain his Quest, Inc. 40i(k) and his Commonwealth of Pennsylvania Deferred Compensation Plan; Wife wil retain her T. Rowe Price accounts. Both parties timely shall execute any waivers, including E waivers, which either may request after entry of the divorce decree. C. Investments and Other Accounts Each party shall retain all investment accounts, bank accounts, brokerage accounts, an shares of stock titled in that party's name, and each waives and relinquishes all claims to accounts retained by the other. Specifically, Wife will retain her Vanguard Account, and Husban will retain his Vanguard Account. Additionally, each party shall retain, without claim or offset the other, all bank accounts which each has maintained since separation. D. Life Insurance Policies Each party represents and warrants to the other that neither has acquired any insurance policy during the marriage with a cash or surrender value, including the increase in or surrender value of any pre-marital policies. From and after the date of this Agreement, parties shall be entitled to designate a beneficiary(s) of any term policy which either may acquired during the marriage. Page 9 of 9 E. Tangible Personal PropeU Husband will retain sole and exclusive possession of the personal property in hi possession. Wife shall retain sole and exclusive possession of the personal property in possession, with the exception of the items set forth on attached Exhibit 1. Husband shall re these items within thirty (3o) days of signing this Agreement. Each party waives and relinquis all claims in and to the property which the other is retaining. If any Certificates of Title need to transferred, the parties shall do so within fourteen days of signing this Agreement, or as soon as the lienholder will allow. F. Debts and Liabilities The only joint debt incurred during the marriage and unsatisfied as of the execution d of this Agreement is the Installment Loan identified in paragraph 21.A. Wife shall be solely lia fortimely payment and satisfaction of this debt. She shall indemnify, defend and hold Husban harmless from any loss by reason of her default in the payment of this obligation and from a liability regarding it, including the cost of defense and actual counsel fees incurred to against an action brought against Husband by virtue of her default. Any obligations incurred by either party in his or her individual name, whether incu before or after separation, and including credit cards, are the sole responsibility of the party it whose name the debt or obligation was incurred. 22. CASH PAYMENT Neither party will owe the other any cash payment. Page io of io 23. SPOUSAL SUPPORT ALIMONY PENDENTE LITE AND ALIMONY Neither party shall pay spousal support, alimony pendente lite ("apl"), or alimony to other. Both parties waive and relinquish all rights to assert claims for such payments in the future 24. LEGAL FEES, COSTS AND EXPENSES Neither party shall seek reimbursement or contribution from the other for payment legal fees, expert's fees, or any other expenses incurred in connection with this Agreement or a action for divorce. 25. TAX CONSEQUENCES OF PROPERTY TRANSFER The parties have negotiated this agreement with the understanding that the transfers described in this agreement fall within the provisions of section 1041 of the Interna Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. Joint Tax Returns The parties have filedjoint federal, state and local income tax returns during the marria If any deficiency in the parties' income tax is proposed as a result of any tax year in which parties filed joint returns, or any assessment of any such tax is made against the parties, the prior to settling or contesting any such claims, the parties shall pay the tax, interest, penalty expense assessed or proposed to be assessed against them on a pro-rata share according to thei respective income levels. The parties also will pay all costs and expenses for defending any audits relating to the parties' tax returns and tax liabilities on the same pro-rata basis. If sucl Page ii of ii audit reveals that either party was responsible for misrepresentations, errors, failures to d and/or omissions in the reporting of that party's income, expenses, deductions, interest, etc., the that party shall assume solely and entirely all tax liabilities, including the payment of interest penalties, which are assessed against the parties as a result. In that event, the responsible pa shall indemnify and hold the other harmless from and against any loss or liability for all such deficiencies, including but not limited to reasonable legal and accounting fees and costs. Tax Notices Within five (5) calendar days of either party's receipt of any deficiency notice or of correspondence from the internal Revenue Service, the Pennsylvania Department of Revenue, o the local taxing authority, the receiving party shall provide the other with a copy of such and/or correspondence. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year fi written above. Witness lian M. Schreier James Peter Schreier Page 12 of 12 ITEMS RESERVED TO HUSBAND i black table with 4 chairs z long plastic table Z wooden table and 4 windsor chairs (2 currently in boxes unassembled) His clothing, music cassettes, cd's, and books. Memorex television and black stand Small Magnavox kitchen television Poker table and matching chairs Lawn mower, weed trimmer, & leaf blower Some tools (unspecified) Wooden tv trays White GE microwave Futon in the spare bedroom 1h of the baby pictures, or copies of all baby pictures on computer to transfer to flash dri, music on computer to transfer to flash drive, tools in the shed that have yet to be divided, a any of his personal items remaining in the basement and/or shed EXHIBIT 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. JoJng 44 On this, the Q OPfMy, 2012, before me the subscriber personally appeared JAMES PETER SCHREIER, known to me or satisfactorily proved to be the person whose name subscribed to in the foregoing instrument, and acknowledge that he executed the same for t' purposes therein contained. IN WITNESS WHEREOF, I set my hand and official seal. -7a t yL Q My CommissiC ite- rNNSY4v TB NpTAF - EA L public tart Tabetha A. ' ., '30 i,erlaud 0U* Lemoyne Bw 28,2014 Lemoyne M commission .:,w,; COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss. On this, the of A4a; 2012, before me the subscriber personally appeared LILLIAN M. SCHREIER, known to me or satisfactorily proved to be the person whose name subscribed to in the foregoing instrument, and acknowledge that she executed the same for t' purposes therein contained. IN WITNESS WHEREOF, I set my hand and official seal. My Commiss(!t res: Page 13 of 13 VANIA 10 OF NOTARIES b'AMM9MN16AL H OF yµlq PENN= woaK+e? `ssel ?Y L ft Notary P+rbNc S?+mcp?ehanna iwp., 0000 ? Ca?nnMlaon 6?M+aa)al. 6 ]015 n 4 7 7 12 71 101 211,` 12 A U G -3 AM 8 2 CUMBERLAND COUNTY PENNSYLVAMA SMIGEL, ANDERSON 8 SACKS, LLP Theresa Barrett Male, Esquire, ID # 46439 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 tmale®sasllD.com Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LILLIAN M. SCHREIER Plaintiff V. NO. 09-5133 Civil Term JAMES PETER SCHREIER Defendant CIVIL ACTION - DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under S 3301(c) of the Divorce Code was filed on July 2? , 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety da have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice intention to request entry of the decree. r I verify that the statements made in this affidavit are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating unsworn falsification to authorities. 6?U A-?L * Lillian M. Schreier Date: ! a 2 i t? i}C ! i r - r .F L'1tl?? ,j :? . E2AEG-3 AM ? CUMBEK P NSYLVAN A?T't SMIGEL, ANDERSON 8: SACKS, LLP Theresa Barrett Male, Esquire Supreme Court # 46439 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 tmale@sastip.com Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LILLIAN M. SCHREIER Plaintiff V. JAMES PETER SCHREIER Defendant . NO. 09-5133 Civil Term CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of 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 Court and that a copy of the decree will be sent to me immediately after it is filed with prothonotary. 7 ? I verify that the statements made in this affidavit are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C.S. 5 4904, relating unsworn falsification to authorities. Li Tian M. Schrei r Date: / of 2 G' D''1' t" rl 2,312 AUG -6 AID 9: 03 CUMBERLAND COUNT"' PENNSYLVANIA SMIGEL, ANDERSON 8 SACKS, LLP Theresa Barrett Male, Esquire Supreme Court # 46439 4431 North Front Street - 3`d Floor Harrisburg, PA 17110-1778 (717) 234-2401 tmale@sasllp.com Attorneys for Plaintiff LILLIAN M. SCHREIER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-5133 Civil Term JAMES PETER SCHREIER Defendant CIVIL ACTION - DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of divorce decree: 1. Ground for divorce: irretrievable breakdown under § (3301(c)) of Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Acceptance of Service - 07/31/09, signed by defendant's counsel - filed on 08/05/09. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by S 3301(c) of the Code: 07/16/12 by plaintiff; 05/10/12 by defendant. (b)(1) Date of execution of the affidavit required by S 3301(d) of the Divorce Code: N/ (2) Date of filing and service of the plaintiffs affidavit upon the respondent: N/A. 4. Related claims pending: None. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe a copy c which is attached: (b) Date plaintiffs Waiver of Notice was filed with the prothonotary: 08/03/12. Date defendant's Waiver of Notice was filed with the prothonotary: 05/15/12. Attorney for Plaintiff Date: August 5, 2012 2 IN THE COURT OF COMMON PLEAS O CUMBERLAND COUNTY, PENNSYLVA IA LILLIAN M. SCHREIER V. JAMES PETER SCHREIER NO. 09-5133 DIVORCE DECREE AND NOW, Ctt 67 &Z-6t 7 oZQ ? , it is ordered and decreed th LILLIAN M. SCHREIER , plaintiff, and JAMES PETER SCHREIER , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") All economic claims are resolved by the Marital Settlement Agreement dated 07/16/12, a copy of which is attached as Exhibit 1. By the Court, vvt;?-Z- 248ne .1. Prot notary ? Ix, " Exhibit 1 -- ii ,-? ?. .r,- w A, ! fii P.IR J H IC f J .4.r {t C. MIJ -6 l" q: C*UM8EFLk,'D COtlt# Y MARITAL SETTLEMENT AGREEMENT PENNSYLVANIA This Agreement is entered into on July 2o3.2 between Lillian Schreier ("Wife") and James Peter Schreier ("Husband") RECITALS WHEREAS, Wife and Husband were married on May so, 3.997 in Camp Hill, Pennsylvania; and WHEREAS, two children were born of this marriage, viz., Samuel Schreier (dob: so/3.6/03.) and Benjamin Schreier (dob: oS116/04), and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, who intend to live separate and apart for the rest of their natural lives, and WHEREAS, on July 29, 2009, Wife filed a Complaint in Divorce in the Cumberland County Court docketed to #09-5133 Civil Term ; and WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including but not limited to the ownership and equitable distribution of real and personal property; past, present and future support, alimony and/or maintenance; child custody and child support, if applicable; and any and all claims which either party has, or may have, against the other or the other's estate. NOW THEREFORE, in consideration of the mutual promises, covenants and undertakin hereinafter set forth and for other good and valuable consideration, receipt of which the part acknowledge, the parties, each intending to be legally bound, hereby covenant and agree to the terms set forth in this Agreement. 1. ADVICE OF COUNSEL Wife has been represented by Theresa Barrett Male, Esquire. Husband has been represented by Elizabeth B. Stone, Esquire. Each party acknowledges receiving independent legal advice from that party's counsel, including all rights under the Pennsylvania Divorce Code and other applicable laws. The parties understand that the Court has the right and the duty to determine and dispose of their rights, including divorce, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, costs and expenses. By signing this Agreement, the parties accept and acknowledge that they are waiving their rights to have the Court make any determination or order affecting these rights. Additionally, each party's counsel has explained fully the provisions of this Agreement and their legal effect. 2. SEPARATION Each party shall have the right to live separate and apart from the other party, free from the other party's interference, authority and control. Neither party shall harass the other or attempt to harass the other, nor compel the parties' cohabitation. I WAIVER OF RIGHTS AND MUTUAL RELEASES Except as provided in this Agreement, both parties absolutely and unconditionally release and forever discharge each other and their heirs, executors, administrators, assigns, property and estates from any and all rights, claims demands or obligations arising out of or by virtue of the Page 2 of 2 marital relationship, whether such claims exist now or arise in the future. This release shall be effective regardless of whether such claims arise out of former or future acts, contracts, engagements or liabilities of the parties or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising underthe laws of Pennsylvania, any state, commonwealth or territory of the United States, or other country. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement, each party gives to the other an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other, including but not limited to alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. 4. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in section 3105(a) of the Divorce Code. As provided in section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Page 3 of 3 5. EXECUTION OF AFFIDAVITS AND WAIVERS Concurrently with signing this Agreement, the parties shall execute affidavits consenting to the divorce, and waivers of notice of intent to request entry of the divorce decree. 6. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement is the date upon which it is signed by the parties if they sign the Agreement on the same date. Otherwise, the "date of execution" or "execution date" shall be the date on which the last party signed this Agreement. 7. HEADINGS NOT PART OF AGREEMENT The descriptive headings preceding the paragraphs are for convenience and shall not affect the meaning, construction or effect of this Agreement. 8. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS Each separate obligation shall be deemed to be a separate and independent covenant and agreement. If a court declares any term, condition, clause or provision of this Agreement void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken. In all other respects, this Agreement shall be valid and continue in full force, effect and operation. 9. ADDITIONAL INSTRUMENTS Within ten (so) days after a request to do so, each party shall execute, acknowledge and deliver to the other any and all instruments, assignments, releases, satisfactions, deeds, notes, ERISA waivers, or other writings that may be necessary to give full force and effect to this Agreement. Page 4 of 4 10. AGREEMENT BINDING ON HEIRS With the exception of child support, this Agreement shall be binding on and shall inure to the benefit of the parties and their heirs, executors, administrators, successors and assigns. 11. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations, warranties, covenants or promises other than those expressly set forth in this Agreement. 12. MODIFICATION OR WAIVER TO BE IN WRITING No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both parties. 13. NO WAIVER OF DEFAULT Either party's failure to insist upon strict performance of any term of this Agreement shall in no way affect the right of that party to enforce the term. 14. APPLICABLE LAW This Agreement shall be construed underthe laws of the Commonwealth of Pennsylvania. 15. VOUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. Page 5 of 5 16. ENFORCEMENT The breaching or defaulting party shall pay all legal fees, costs, expenses, and all other damages incurred by the other in enforcing this Agreement whether through court, mediation, private contact between the parties and/or counsel, or other dispute resolution processes. 17. DISCLOSURE OF ASSETS The parties acknowledge that their attorneys have advised them of their rights to seek discovery under the Pennsylvania Divorce Code and the Pennsylvania Rules of Civil Procedure, including interrogatories, motions for production of documents, the taking of oral depositions, and the filing of inventories. The parties confirm that there has been full and fair disclosure to each other of their income, assets and liabilities, whether such are held jointly, in the name of one party alone, or in the name of one party and another individual or individuals. Each party waives any right to further disclosure, valuation, enumeration or statement of such income, assets or liabilities. Neither party desires to make or append to this Agreement any additional enumeration or statement. Neither party shall sue the other party or that party's heirs, executors, administrators or assigns, alleging denial of any right to full disclosure, or fraud, duress, undue influence or failure to have available full, proper and independent representation by legal counsel. The parties acknowledge that, other than inspecting the documents provided by the parties, their attorneys have not made any independent investigation of the character, value, or extent of the parties' assets, debts or income. In entering into this Agreement, the parties are Page 6 of 6 relying on their disclosures to each other and not on independent verification by their attorneys the accuracy or completeness of the parties' disclosures. If either party later determines that the other has failed to disclose fully and fairly that party's income, assets and liabilities, the determining party retains a right to assert against the other a claim for failure to disclose, including but not limited to imposition of a constructive trust. If either party subsequently discovers any property interest not identified in this Agreement, that property shall be divided equally. if, however, one party knowingly concealed or misrepresented the existence of the property, then that property shall become the sole and separate property of the other. The concealing party shall pay all costs associated with the failure to disclose, including but not limited to transfer costs and legal fees and expenses. 1.8. WIFE'S AND HUSBAND'S DEBTS Except as otherwise set forth in this Agreement, the parties represent and warrant to each other that they have not incurred and will not contract or incur any debt or liability for which the other or the other's estate might be responsible. Each party shall indemnify and save harmless the other from any and all claims or demands made against the other by reason of debts or obligations incurred by that party. ig. EFFECT OF RECONCILIATION OR COHABITATION The parties' reconciliation, attempt to reconcile, or cohabitation as husband and wife, shall not abrogate the terms of this Agreement. This Agreement shall remain in full force and Page 7 of 7 effect unless the parties modify the Agreement as provided in paragraph 12 or execute a notarized statement declaring this Agreement and all its provisions null and void. 20. INDEMNIFICATION Each party shall indemnify and hold harmless the other from all claims, actions or proceedings seeking to hold the other party liable for any debts or obligations for which the party is liable under the terms of this Agreement. Each party shall notify the other in writing within five (5) days of service or receipt of any notice that litigation has been threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 21. EQUITABLE DISTRIBUTION A. Real Estate The parties previously held title as tenants by the entireties to improved real estate located at 512 Nursery Drive North, Mechanicsburg, Cumberland County, Pennsylvania. Prior to executing this Agreement, Husband transferred to Wife his right, title and interest in and to this property. Concurrently with Husband's execution of the deed, Wife satisfied the joint first mortgage. Wife shall continue to be solely responsible for the timely payment of the joint Installment Loan which is recorded as a second mortgage against the real estate, and shall indemnify and hold harmless Husband from all efforts by the creditor to enforce this obligation against Husband. Page 8 of 8 B. Pension and Retirement Benefits During the marriage, each party acquired retirement benefits. Each party shall retain all pension and retirement benefits titled in that party's name, and each waives and relinquishes all claims which either may have to the other's benefits. Specifically, Husband will retain his Data Quest, Inc. 401(k) and his Commonwealth of Pennsylvania Deferred Compensation Plan; Wife will retain her T. Rowe Price accounts. Both parties timely shall execute any waivers, including ERISA waivers, which either may request after entry of the divorce decree. C. Investments and Other Accounts Each party shall retain all investment accounts, bank accounts, brokerage accounts, and shares of stock titled in that party's name, and each waives and relinquishes all claims to the accounts retained by the other. Specifically, Wife will retain her Vanguard Account, and Husband will retain his Vanguard Account. Additionally, each party shall retain, without claim or offset by the other, all bank accounts which each has maintained since separation. D. Life Insurance Policies Each party represents and warrants to the other that neither has acquired any life insurance policy during the marriage with a cash or surrender value, including the increase in cash or surrender value of any pre-marital policies. From and after the date of this Agreement, both parties shall be entitled to designate a beneficiary(s) of any term policy which either may have acquired during the marriage. Page 9 of 9 E. Tangible Personal PropeU Husband will retain sole and exclusive possession of the personal property in his possession. Wife shall retain sole and exclusive possession of the personal property in her possession, with the exception of the items set forth on attached Exhibit i. Husband shall remove these items within thirty (3o) days of signing this Agreement. Each party waives and relinquishes all claims in and to the property which the other is retaining. If any Certificates of Title need to transferred, the parties shall do so within fourteen (14) days of signing this Agreement, or as soon as the lienholder will allow. F. Debts and Liabilities The only joint debt incurred during the marriage and unsatisfied as of the execution date of this Agreement is the Installment Loan identified in paragraph 21.A. Wife shall be solely liable for timely payment and satisfaction of this debt. She shall indemnify, defend and hold Husband harmless from any loss by reason of her default in the payment of this obligation and from any liability regarding it, including the cost of defense and actual counsel fees incurred to defend against an action brought against Husband by virtue of her default. Any obligations incurred by either party in his or her individual name, whether incurred before or after separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. 22. CASH PAYMENT Neither party will owe the other any cash payment. Page io of io 23. SPOUSAL SUPPORT ALIMONY PENDENTE LITE AND ALIMONY Neither party shall pay spousal support, alimony pendente lite ("apl"), or alimony to the other. Both parties waive and relinquish all rights to assert claims for such payments in the future. 24. LEGAL FEES, COSTS AND EXPENSES Neither party shall seek reimbursement or contribution from the other for payment of legal fees, expert's fees, or any other expenses incurred in connection with this Agreement or any action for divorce. 25. TAX CONSEQUENCES OF PROPERTY TRANSFER The parties have negotiated this agreement with the understanding that the property transfers described in this agreement fall within the provisions of section 1041 of the internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. Joint Tax Returns The parties have filed joint federal, state and local income tax returns during the marriage. If any deficiency in the parties' income tax is proposed as a result of any tax year in which the parties filed joint returns, or any assessment of any such tax is made against the parties, then, prior to settling or contesting any such claims, the parties shall pay the tax, interest, penalty or expense assessed or proposed to be assessed against them on a pro-rata share according to their respective income levels. The parties also will pay all costs and expenses for defending any tax audits relating to the parties' tax returns and tax liabilities on the same pro-rata basis. If such Page ii of ii audit reveals that either party was responsible for misrepresentations, errors, failures to disclose, and/or omissions in the reporting of that party's income, expenses, deductions, interest, etc., then that party shall assume solely and entirely all tax liabilities, including the payment of interest and penalties, which are assessed against the parties as a result. In that event, the responsible party shall indemnify and hold the other harmless from and against any loss or liability for all such tax deficiencies, including but not limited to reasonable legal and accounting fees and costs. Tax Notices Within five (5) calendar days of either party's receipt of any deficiency notice or other correspondence from the Internal Revenue Service, the Pennsylvania Department of Revenue, or the local taxing authority, the receiving party shall provide the other with a copy of such notice and/or correspondence. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. Witness -ir sir ?? r illian M. Schreier James Peter Schreier ?> Page 12 of 12 ITEMS RESERVED TO HUSBAND i black table with 4 chairs i long plastic table 1 wooden table and 4 windsor chairs (2 currently in boxes unassembled) His clothing, music cassettes, cd's, and books. Memorex television and black stand Small Magnavox kitchen television Poker table and matching chairs Lawn mower, weed trimmer, & leaf blower Some tools (unspecified) Wooden tv trays White GE microwave Futon in the spare bedroom 1/z of the baby pictures, or copies of all baby pictures on computer to transfer to flash drive, music on computer to transfer to flash drive, tools in the shed that have yet to be divided, and any of his personal items remaining in the basement and/or shed EXHIBIT1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 44 Joy On this, the ?Q&- ofMey, 2012, before me the subscriber personally appeared JAMES PETER SCHREIER, known to me or satisfactorily proved to be the person whose name is subscribed to in the foregoing instrument, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I set my hand and official seal. -7 Q My Commissixpir;. ,.£N?NS vn? NOMT SEAL public Tabetha A. T rlotary ,erland County Lemoyne Bor :.28,7014 l,naa .2,201 M commission?.-.!"•, COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss. On this, the l? of ( 2012, before me the subscriber personally appeared LILLIAN M. SCHREIER, known to me or satisfactorily proved to be the person whose name is subscribed to in the foregoing instrument, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I set my hand and official seal. My Commiss' n -Ex ires: \\ LaV* Page 13 of 13 ??? Jen, 6'AMM 1?.?116F tarlel sow -FNz, No4ry RbMt 0?*ft C=4 lon wrn non of Elizabeth B. Stone, Esquire rrri -T, m c F Law Offices of Elizabeth B. Stone -� 3507 Market Street n ut o Suite 303 <Ez T--r �=�m Camp Hill, PA 17011 =c) ,r ), n JAMES P. SCHREIER, § IN THE COURT OF COMMON PLEAS OF Plaintiff/Movant § CUMBERLAND COUNTY,PENNSYLVANIA v. § § NO. 09-5133 LILLIAN M. SCHREIER § Defendant/Respondent § CIVIL ACTION -LAW IN DIVORCE MOTION TO CHANGE DOCKET NUMBERS TO MOVE CUSTODY FILING FROM DIVORCE DOCKET TO CUSTODY DOCKET AND NOW COMES James Schreier, by his attorney, Law Offices of Elizabeth B. Stone, and represents as follows: 1. Your Movant, the Plaintiff is James P. Schreier, an adult individual, is now residing in Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant is Lillian M. Schreier, an adult individual currently residing at 512 Nursery Drive North, Mechanicsburg, Pennsylvania 17055. 3. It has come to the attention of the undersigned counsel that Your Movant filed four custody documents to the divorce docket#09-5133,instead of to the proper custody docket#09-4674. 4. On June 30, 2011, Plaintiff filed a Modification for Custody, docketed to #09- 5133, which is actually the divorce docket number, instead of the correct a Custody Docket #09-4674. A true and correct copy of said Modification for Custody is attached hereto as Exhibit"A"and incorporated by reference herein. 5. An Order of Court, dated July 6, 2011, in response to Plaintiff's Modification for Custody for Pre-hearing Custody Conference Scheduling,also referenced the incorrect divorce Docket#09-5133, and should be changed to have the correct custody docket#09-4674. A true and correct copy of said Order of Court,dated July 6, 2011, is attached hereto as Exhibit "B" and incorporated by reference therein. 6. An Order of Court dated August 8,2011,together with the Custody Conciliation Summary Report dated August 2, 2011, arising from the parties' Custody Conciliation,also were docketed to the divorce docket#09-5133,and should be properly docketed under the custody docket #09-4674. A true and correct copy of said Order of Court,dated August 8,2011,and Custody Report dated August 2,2011,are attached hereto as Exhibit"C"and Exhibit"D"and incorporated by reference herein. 7. Each ofthese dockets have the number of the divorce proceeding docket number #09-5133, and should be properly entered with the custody docket number#09- 4674 to correspond with custody proceedings. 8. The correct custody docket number is #09-4674. 9. Opposing Counsel,Theresa Barrett Male,Esquire,has been notified ofthe errors with regard to the docketing information and is in agreement with the enclosed Motion and the relief requested herein. WHEREFORE, Plaintiff requests that the Court change the docket number on above mentioned documents. Respectfully submitted, Elizabeth B. Stone, 'squire Supreme Court I .. h • •1251 3507 Marke eet, Suit- 03 Cams , A 1701 ) 90•-1500 eston-.' . -r-law.com /;yfor Plaintiff/Movant Copy mailed to: Ms. Theresa Barrett Male, Esquire Smigel, Anderson & Sacks River Chase Office Center 4431 North Front Street Harrisburg, PA 17110 FILED-OFFICE B. STONE, ES Q � TN ROTHNOTARY Attorney ID NO. 60251 0 3507 Market Street, Suite 303 2011 JUN 30 PN l.- - Camp Hill, PA 17 011 (717) 909-1500 ClfM6ERLARD COUNTY Attorney for Plaintiff i EN'�SYLVANIA JAMES PETER SCHREIER, : IN THE COURT OF COMMON PLEAS Or Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09- 5133 LILLIAN MARIE SCHREIER, • CIVIL ACTION - LAW Defendant • IN DIVORCE ORDER OF COURT AND NOW, this day of , 2011, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the Custody Conference Officer, at on the day of 2011, at .M. , for a 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. Children should not attend the conference unless requested by the Custody Conference Officer. If the Defendant or Respondent should fail to appear at the custody conference, the conference may proceed in accordance with Pa.R.C. P. 1915. 4-2 (b) . FOR THE COURT, By: Custody Conference Officer 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 Street, Carlisle, PA 17013-3302 (717) 249-3166 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at (717) 240-6100. All arrangements must be made at least 72 hours prior to any court. You must attend the scheduled conference or hear Exhibit "A" S:\ESTONE CLIENTS\my documents\fl\CUST\Schreier.Jim - Modification for Custody 6-23-11.wpd ELIZABETH B. STONE, ESQ Attorney ID NO. 60251 3507 Market Street, Suite 303 Camp Hill, PA 17011 (717) 909-1500 Attorney for Plaintiff JAMES PETER SCHREIER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09- 5133 LILLIAN MARIE SCHREIER, CIVIL ACTION - LAW Defendant IN DIVORCE MODIFICATION FOR CUSTODY 1 . The Plaintiff in this action is JAMES PETER SCHREIER, an adult individual, (hereinafter referred to as "Father") , who currently resides at 1120 Old Mountain Road, Dillsburg, Pennsylvania 17019. 2 . The Defendant in this action is LILLIAN MARIE SCHREIER, an adult individual, (hereinafter referred to as "Mother") , who currently resides at 512 Nursery Drive North, Mechanicsburg, Pennsylvania 17055 . 3. Father seeks shared physical custody of SAMUEL JAMES SCHREIER, born October 16, 2001, age nine (9) , and BENJAMIN THOMAS SCHREIER, born May 16, 2004, age seven (7) , who reside at 512 Nursery Drive North, Mechanicsburg, Pennsylvania, 17055. The children were not born out of wedlock. The children are presently in the custody of Defendant, LILLIAN MARIE SCHREIER, who resides at 512 Nursery Drive North, Mechanicsburg, Pennsylvania, 17055, however, the Father provides nearly daily care for the children. During the past five years, the children have resided with the following persons and at the following addresses : NAME ADDRESS DATES James Peter Schreier, father 512 Nursery Drive N birth- Mechanicsburg, PA present Lillian Marie Schreier, mother 512 Nursery Drive N birth- Mechanicsburg, PA present The mother of the children is LILLIAN MARIE SCHREIER, currently residing at 512 Nursery Drive North, Mechanicsburg, Pennsylvania 17055. She is married to the Plaintiff. The father of the children is JAMES PETER SCHREIER, currently residing at 1120 Old Mountain Road, Dillsburg, Pennsylvania 17019. Father moved in with his parents until the parties can work out the financial part of their divorce. He is married to the Defendant. A divorce action was filed by the Defendant on July 29, 2009. 4 . The relationship of plaintiff to the children is that of father. The plaintiff currently resides with the following persons : NAME RELATIONSHIP James L. Schreier Paternal grandparents of minors Linda L. Schreier Paternal grandparents of minors Page 3 of 7 5. The relationship of defendant to the children is that of mother. The defendant currently resides with the following persons : NAME RELATIONSHIP Samuel James Schreier child Benjamin Thomas Schreier child 6. Father has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Father has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. Father does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7 . The best interest and permanent welfare of the children will be served by granting the relief requested because: (a) The parties originally had their first and only conciliation before Dawn Sunday, Esquire, on Thursday, August 13, 2009, wherein they were able to reach a temporary agreement until the parties could figure out the financial part of the divorce. Unfortunately, since that time, every time Father seeks to amend or change the order, the Mother balks . (See attached Order of Court dated August 17, 2009) . Page 4 of 7 (b) The father has picked up the children from school and/or daycare and taken them back to the marital home nearly everyday since date of separation on June 6, 2009. The Father then remains at the marital home with the children, plays with them, swims with them in their pool, makes them dinner, does homework and all other parental duties that would be part of a parent' s day while Mother is at work. (c) Upon Mother' s return to the marital home at the end of her work day, the father relinquishes custody of the children to the Mother once the mother comes downstairs and greets them. (d) The father is and has been the primary caretaker of the two children which is evidenced by his daily involvement in their lives since 2008 . (e) The Father believes that it would be in the best interest for the children to be able to take them back to his home every day and stay overnight with him. This schedule will allow the parties to share equally in the time with their children. Mother appears to not agree. (f) The father is able to provide a stable home and family type environment for the children allowing the boys the opportunity to spend time with the children' s mother consistent with a schedule the parties have arranged between themselves . 8 . Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children has been named as parties to this action. Page 5 of 7 9. This matter was previously assigned to Judge Edgar B. Bayley. WHEREFORE, plaintiff requests the court to grant shared or primary physical custody of the children. LAW OFFICES OFZABET: B. STONE ///iAligglier.P ELIZ : TH : . :TONE, ESQUIRE Date: J Z 2 /� S . .reme '. t I . D. #60251 3507 0.r - t Street, Suite 303 Ca p Hi , PA 17011 (717 9i9-1500 esto!e .tanner-law. com At orneys for Plaintiff Page 6 of 7 V E R I F I C A T I O N JAMES PETER SCHREIER states that he is the Plaintiff named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C. S.A. §4904 relating to unsworn falsification to authorities. JOc . Sth JAMES PETER SCHREIER Date: 6,/ 74// Page 7 of 7 JAMES PETER SCHREIER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-5133 CIVIL ACTION LAW • LILLIAN MARIE SCHREIER =7) IN CUSTODY (AC DEFENDANT c C • r- • - U< -n O - ORDER OF COURT `? r't j 743 AND NOW, Wednesday,July 06,2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday,Esq. , the conciliator, at 39 West Main Street,Mechanicsburg,PA 17055 on Friday,July 29,2011 _ at 10:00 AM 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. 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/ Dawn S. Sunday, Esq. y 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 TRUE COPY FROM RECORD M Testimony whereof,/here unto set my hand and the sal of said Court et ft� �°L-24-_,X20 7� Exhibit "B" Aiet 'a61) kelc a Proe;;;ran► JAMES PETER SCHREIER IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : 2009-5133 CIVIL ACTION LAW • LILLIAN MARIE SCHREIER Defendant : IN CUSTODY Prior Judge: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8,the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Samuel Schreier October 16, 2001 Mother Benjamin Schreier May 16, 2004 Mother 2. A custody conciliation conference was held on July 29, 2011, with the following individuals in attendance: the Father, James Peter Schreier, with his counsel, Elizabeth B. Stone, Esquire, and the Mother, Lillian Marie Schreier, with her counsel, Theresa Barrett Male, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Av 31.411 F gold r? Date Dawn S. Sunday, Esquire Custody Conciliator Exhibit "C" • COPV JAMES PETER SCHREIER • IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. • 2009-5133 CIVIL ACTION LAW . LILLIAN MARIE SCHREIER • Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 4 day of , 2011, upon consideration of the attached Custody Conciliation Report, 't is ordered and directed as follows: 1. The prior Order of this Court dated August 17, 2009 is vacated and replaced with this Order. 2. The Father, James Peter Schreier, and the Mother, Lillian Marie Schreier, shall have shared legal custody of Samuel Schreier, born October 16, 2001, and Benjamin Schreier, born May 16, 2004. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The parties shall have physical custody of the Children in accordance with the following schedule: A. The Father shall have custody of the Children on two out of every three weekends from Friday after school and work through Monday morning before school. B. The parties shall alternate having custody of the Children on Monday school holidays/in service days. If the parent who has the alternating holiday has to work, the other parent shall have custody on the Monday holiday if that parent is not working. C. The Father shall pick up the Children during every weekday after school and work and shall retain custody of the Children until the Mother picks up the Children at the Father's residence Exhibit "D" after work. Every Thursday evening the Father shall have custody of the Children until 8:30 p.m. On the other weekday evenings, the Mother may pick up the Children after work at 7:00 or earlier. If the Mother is unable to pick up the Children by 7:00 p.m., she shall notify the Father in advance and the Father shall have the option of retaining custody of the Children for the overnight period and the Father shall take the Children to the bus stop or school in the morning. C. The Father may have additional periods of custody with the Children as arranged by agreement between the parties. D. The Mother shall have custody of the Children at all times not otherwise specified for the Father in this provision. 4. The parties shall share having custody of the Children on holidays as arranged by agreement. 5. Beginning in 2012,the parties shall share having physical custody of the Children during the summer school break with the Mother having custody every Monday and Tuesday, the Father having custody every Wednesday and Thursday and the parties alternating the weekend period from Friday through Sunday. Vacation periods of custody shall be arranged by agreement between the parties. 6. The parties shall make arrangements to participate in co-parenting counseling with a professional selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Children. Any costs of the counseling which are not covered by insurance shall be shared equally between the parties. 7. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent,the terms of this Order shall control. BY THE COURT, l5% 9,/ J. cc: Elizabeth B. Stone, Esquire—Counsel for Father Theresa Barrett Male, Esquire—Counsel for Mother TRUE COPY FROM RECORD In Testimony whereof,I here unto set my hand and the seal of said Court at Carlisle,Pa. This--/—C.day of /E .20 !1 T� Prothonotary LAW OFFICE OF ELIZABETH STONE 3507 Market Street, Suite 303 Camp Hill, PA 17011 Telephone: (717) 909-1500 Facsimile: (717) 731-8115 JAMES P. SCHREIER, § IN THE COURT OF COMMON PLEAS OF Plaintiff/Movant §CUMBERLAND COUNTY,PENNSYLVANIA v. § § NO. 09-5133 LILLIAN M. SCHREIER § Defendant/Respondent § CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a copy of the Motion to Change docket Numbers filed in the above-captioned matter upon the Defendant's counsel, Ms. Theresa Barrett Male, Esquire, by U.S. first class, addressed as follows: Ms. Theresa Barrett Male, Esquire Smigel, Anderson & Sacks River Chase Office Center 4431 North Front Street Harrisburg, PA 17110 and did thereafter receive same as evidenced by the attached Post Office receipt card dated 1ktS'II3 Respectfully subm.' - •, izabet .Stone, Esquire Suprs- e Court I.D. No.: 60251 JAMES P. SCHREIER, •▪ IN THE COURT OF COMMON PLEAS OF Plaintiff •▪ CUMBERLAND COUNTY, PENNSYLVANIA v. •▪ CIVIL ACTION-LAW LILLIAN M. SCHREIER, • Defendant •• NO. 09-5133 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO CHANGE DOCKET NUMBERS TO MOVE CUSTODY FILING FROM DIVORCE DOCKET TO CUSTODY DOCKET ORDER OF COURT AND NOW, this 12th day of November, 2013, upon consideration of Plaintiff's Motion To Change Docket Numbers To Move Custody Filing From Divorce Docket to Custody Docket, and with the concurrence of the Defendant, it is hereby ordered that Plaintiffs request for modification of docket numbers is granted and the Prothonotary is hereby ordered to change the docketing numbers as outlined in the attached Petition. BY THE COURT, f UZ u_ Vc'1-' Christy le L. Peck, J. Elizabeth B. Stone, Esq. 3507 Market Street Suite 303 Camp Hill, PA 17011 Attorney for Plaintiff wtl, V eresa Barrett Male, Esq. - � River Chase Office Center = 4431 North Front Street ■ r- Harrisburg, PA 17110 r c: Attorney for Defendant c,-s • a c w or I‘E.S' 11 a 11/12/1-2/-N