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HomeMy WebLinkAbout10-0967WILLIAM M. FERNANDEZ, IN THE COURT OF COMMOPWLI 'S Plaintiff CUMBERLAND COUNTY, PEJJN - S`nVA A 0 M [rt ? r co v. CIVIL ACTION - LAW NO. jG - gll7 el il'r C. BRENNA L. SCHROLL, Defendant IN DIVORCE ca NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA SAIDIS, F DSAY Carol J. Lind ay, Esquire Attorney Id. 3 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff bG? A AV, OG *Vj (' aL?y l 7 ??3??77 s WILLIAM M. FERNANDEZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. BRENNA L. SCHROLL, : w %lO Gi?" Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is William M. Fernandez, an adult individual, residing at 10 Center Road, Newville, Cumberland County, Pennsylvania. 2. The Defendant is Brenna L. Schroll, an adult individual, residing at 5184 Wilde Lane, York, York County, Pennsylvania. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 1, 1981, in Towson, Baltimore County, Maryland. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that he has FI ONVER & LINDSAY 26 West High Street Carlisle, PA the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with §3301 of the Pennsylvania Divorce Code. SAI/DIIS, FLOWER '(7" Carol J. Lindsa ; E quire Attorney Id. 446 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA ti VERIFICATION I verify that the statements made in the foregoing document are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsifications to authorities. d (I -Z William M. Fernandez Date: January 29, 2010 WILLIAM M. FERNANDEZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 10-967 CIVIL BRENNA L. SCHROLL, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Samuel L. Andes, Esquire, accept service of the Complaint in Divorce in the above-captioned matter and acknowledge that I am authorized to do so. I I1 F-& z(9 17 Date 8amdel L. Andes, Esquire 7171 c' (t ' , + ) CvJ ` C? y ^j C..J J7 SAIDIS, FLOWER &z LINDSAY AT'rowvErs-Ar-uw 26 West High Street Carlisle, PA WILLIAM M. FERNANDEZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 10-967 CIVIL !2 BRENNA L. SCHROLL, ° Defendant IN DIVORCE tt j PETITION TO COMPEL DISCOVERY 1. The parties hereto are husband and wife having been joined i awge? on July 1, 1981. 2. The parties separated on or about June 22, 2007. 3. On February 4, 2010, Petitioner filed a Complaint in Divorce. 4. On March 8, 2010, Petitioner served on Respondent a Request for Production of Documents and a brief set of Interrogatories, copies of which are attached hereto as Exhibits "A" and "B", respectively. Formal discovery followed unsuccessful attempts at informal discovery. 5. Thirty days have passed and the documents requested and Interrogatories propounded have not been responded to. 6. Respondent is represented by Samuel L. Andes, Esquire who has not concurred in the relief requested. 7. No judge has been assigned to this case. WHEREFORE, Petitioner prays this Honorable Court to enter a Rule upon the FLOWER & LWDSAY 26 West High Street Carlisle, PA Respondent to show cause why she should not provide the documents requested and answer the Interrogatories propounded. SAID )S, FLO R & LI AY Carol J. Lindsa , 96quir Attorney Id. 4 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff WILLIAM M. FERNANDEZ, Plaintiff V. BRENNA L. SCHROLL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-967 CIVIL IN DIVORCE REQUEST FOR PRODUCTION OF DOCUMENTS SAMIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA To: Brenna Schroll c/o Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 PLEASE TAKE NOTICE THAT pursuant to Pa.R.C.P. 4003.3 and 4009, you are required to furnish at our office, on or before thirty (30) days after service hereof, a photostatic copy or like reproduction of the materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attomey/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof: 1. Statements for the Members 1" Federal Credit Union account numbers 28788 and 247861 for June 2007. 2. Statements for any other accounts in a bank, credit union or other depository which you had in June 2007. 3. Statements for the Vanguard IRA which you had from June 2007 and for the present as well as for any periods in which an addition or withdrawal to the account was made. In addition to the Vanguard IRA, please provide a statement for any other account, of any nature, including investment, retirement or depository accounts which you had an interest on June 1, 2007. Please provide the account statements for that month and also for December 31, 2009. 4. A personal statement of benefits for your SERS retirement plan which includes your assumed high 3 average salary. 5. The annual statement for your Thrift Savings Plan for 2009. 6. Documentation of the number of points you have earned toward your Air Force Reserve pension together with the dates of service in the Reserves. 7. A copy of any appraisal you obtained during the marriage of jewelry or other valuables such as antiques and artwork. 8. A copy of the schedule of insured assets on any homeowners insurance policy which you had in the course of your marriage including the present homeowners insurance policy. SAIDIS, FLOWER & LINDSAY r' ! % Carol J. Lindsay Es quire Supreme C8-6? ID No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: March 8, 2010 FLOWER & LPgDSAY 26 West High Street Carlisle, PA WILLIAM M. FERNANDEZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 10-967 CIVIL BRENNA L. SCHROLL, Defendant IN DIVORCE INTERROGATORIES To: Brenna Schroll c/o Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 1. INSTRUCTIONS You are directed to submit written answers under oath to each of the following SAIDIS, FLOWER & LINDSAY ?'towvevs•? uw 26 West High Street Carlisle, PA questions, pursuant to Pa. R.C.P. 4005 and 4009. You must make reasonable efforts to obtain answers to any question as to which information may be available to you. If you gain information at some later time which causes you to know that your answers were incorrect when made or have become incorrect, you must supplement the answers you give in response to these questions, as provided in Pa. R.C.P. 4006. If you gain information at some later time respecting the identity of persons about whom a question is asked, you must supplement the answers you give in response to these questions, as provided in Pa. R.C.P. 4006. Within thirty (30) days, you must return the signed original of these interrogatories to Defendant's counsel. In answering these questions, assume that all words used have their ordinary meanings in normal English usage, except as provided below or where context requires other interpretation. II. DEFINITIONS "Identify," when used in respect of a person, means to state that person's name, address, telephone number, job classification and such other information as would enable Defendant to locate the person, interview him or her, or serve a subpoena upon him or her. When used in respect of a document, the date of its making or execution, the identity of the person or persons who made or executed it, and the particular part, paragraph, or other subdivision thereof which is particularly relevant to the question; also state the place where it is kept and identify the person in whose custody it may be found, with such specificity as will enable Defendant to obtain the document through the use of a subpoena. When used in respect of a communication, it means to identify the parties to the communication, the means of communication, and the date and time thereof. "Person" means any natural or juridical person, group of persons, or association. "Communication" means any transmission or exchange of information or meaning between two or more persons in any form. "Document" means any writing, recording or other material substance having on it a representation of some information, whether in the form of magnetic impulses, printing, or any other medium in which information may be preserved. III. SPECIAL INSTRUCTIONS 1. If you do not answer an interrogatory, in whole or in part, because of a claim FLOWER & LINDSAY 26 West High Street Carlisle, PA or privilege, set forth the privilege claimed, identify the facts upon which you rely to support the claim of privilege; and identify all documents for which such privilege is claimed. In particular, if you refuse to identify a communication because of a claim of the attorney/client privilege, identify the speaker or author of the communication, the capacity in which the speaker or author was acting when he made the communication; the recipient of the communication, any persons present when the communication was made, and the subject or topics discussed in the communication. 2. Unless otherwise specified, each interrogatory requires a continuing answer. Each separate part of each interrogatory shall be separately answered. 3. Along with the answer to each numbered interrogatory, identify each person who participated in or supplied information with respect to the preparation of the response to such interrogatory, specifying whether each of such persons supplied relevant information, participated in the preparation of the response, or both. If the response to any interrogatory contains information supplied by more than one person, specify the particular information supplied by each such person. State whether he/she had first-hand information as to the matters contained in your answers, and if so, the manner in which he/she acquired such information, or if not, the basis for his/her participation or involvement. 4. As specified by the Pennsylvania Rules of Civil Procedure, you are required reasonably to supplement or amend your responses to these interrogatories based upon any and all information obtained after filing such responses. IV. SPECIAL INSTRUCTIONS AS TO ORAL COMMUNICATIONS AND WRITTEN COMMUNICATIONS 1. With respect to any interrogatory in which reference is made to this special instruction, set forth with regard to each oral communication the following: A. The name, company or other affiliation, title or other identifying feature of the individual who made the oral communication. B. State the name(s) of each individual to whom such oral communication was FLOWER & LINDSAY 26 West High Street Carlisle, PA made, including such description of those individuals as to enable Defendant to identify those individuals as to their affiliation, title or responsibility. C. State the date upon which such oral communication was made. D. State the place where such oral communication was made. E. State the name and identification of each individual who heard the oral communication if different or in addition to those individuals to whom such oral communication was made. F. State in detail the nature of the words communicated during such oral communication repeating the actual words used to the extent possible and, when not possible, paraphrasing those words. G. State if any individual to whom such oral communication was made, made any statements in response to said communication, and if so, identify such responses in sufficient detail by quoting the precise words used or by otherwise phrasing those words. H. State if said oral communication(s) was/were ever memorialized in any document or set forth a copy of same. 1. If response to any interrogatory refers to a written communication, set forth the following: (a) a copy of such written communication; or (b) a detailed identification of such written document, including at least the following: (i) the date of the document; SAIDIS, FLOWER & LIlVDSAY ATIO ATIAW 26 West High Street Carlisle, PA (ii) the name of the party who wrote the document; (iii) the name of the party to who such documents were sent and the date upon which such documents were sent; (iv) the date upon which such document was received by the recipient; if known; (v) a full description of the contents of the document; NO if any response to said document was received and, if so, identify said response in sufficient detail so as to include the same information indicated in the preceding subparts of this instruction. INTERROGATORIES 1. Please inventory any piece of personal property including artwork, jewelry, firearms, antiques or any other asset with an original purchase price of $300.00 or more. ANSWER: FLOWER ? LINDSAY ?'rot?s•,vuw 26 West High Street Carlisle, PA 2. Do you rent a safe deposit box in any bank? If so, please identify the name of the bank and its location. Please inventory the contents of the safe deposit box in June 2007 and the present. Please note the dates on which you entered the safe deposit box between June 2007 and the present. ANSWER: FLOWER & LENDSAY nnotnv?sauw 26 West High Street Carlisle, PA 3. Please outline the attempts you have made to sell the Outdoor World timeshare. ANSWER: SAIDIS, FLOWER ,&-LINDSAY Carol J. Lindsay, Esquire Supreme Court ID No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: March 8, 2010 FLOWER & LINDSAY ?'towvEVS.enuw 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On the 8`h day of March, 2010, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, Esquire Supreme Court ID No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 FLOWER ? LIlVDSAY n'rrawcns-MrAAW 26 West High Street Carlisle, PA VERIFICATION I 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 falsifications to authorities. Carol J. LindXa?,'Esquire, attol-N for William M. ern ndez, Defendant Dated: y_ FLOWER L NDSAY RIBEEalS.ADUw 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On the I ? day of April, 2010, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 SAIDIS, FLOWER & LINDSAY Carol J. Lindsay&0. ire Supreme Court 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA WILLIAM M. FERNANDEZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 10-967 CIVIL BRENNA L. SCHROLL, Defendant IN DIVORCE ORDER OF COURT AND NOW, this Zo' day of 2010, upon consideration of the within Petition, a Rule is issued on the Respondent to show cause why the documents requested and the Interrogatories propounded should not be answered. Rule returnable 2,0 days from the date of service hereof. SAMIS,, LINDSA erm?tseruw 26 West High Street Carlisle, PA 6 F..Srn? ? l?c? AlIZI / l v =f71 f7 0 ?J ? o 'Tt BY THE COURT, +L r 20 10 NA, i -4 Bill 2: 04 ATY WILLIAM M. FERNANDEZ, Plaintiff vs. BRENNA L. SCHROLL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-967 CIVIL TERM IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION TO COMPEL DISCOVERY AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and makes the following Answer to Plaintiff s Petition to Compel Discovery: I through 4. Admitted. 5. Defendant admits that thirty days have past since the discovery was served but states that she has not yet filed a response to the discovery for the following reasons: A. Her attorney did not alert her to the discovery requests promptly after he received them. B. Her attorney was out of his office and unavailable for several periods of time during the thirty day period. C. Her collection of information to respond to the discovery request was delayed by a serious illness in her family. 6. Admitted. 7. Admitted. WHEREFORE, Defendant prays this court to grant her additional time to file her response to Plaintiff's discovery requests. Samuel L. Andes Attorney for Defendant Supreme Court ID # 17225 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 Date: OVID Amy . Harkins Secretary for Samuel L. Andes T t MAY 2 ti p010 WILLIAM M. FERNANDEZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW NO. 10-967 CIVIL BRENNA L. SCHROLL, Defendant IN DIVORCE ORDER OF COURT AND NOW, this Z ~ , day of y>, , 2010, upon consideration of the within Petition for Rule Absolute, a Rule Absolute is issued and Respondent Brenna L. t~,t~,?,y ~a~ Svv-'ta Schroll is ordered to provide the discovery requested within ~we•-w~lcs of the date ofAthis Order. SAIDIS, F7AWER ~ LINDSAY 26 West High Street Carlisle, PA c'? d 'Ti :~. .~J i I.'• ~-' ~ ~.'. ~ ^r __ '~ ~ f '+ -' - -~- t' ~ . F ~ .: P_... ~... : _. ~ {- _ .._ .~..~-. F ~_ C.: V~ `l~ -~: ~o ~'e..s m~.r. ~~, P A+~.f ~ . ~i,,.~lsay s. ~ s~27~~v ~r~ 10- QCo7 C2 pica _ cn C°rl M? - ?. rn '" ° -;0 "U r 7Q PROPERTY SETTLEMENT AND SEPARATION AGREEMENT U' <y, > - co o BY AND BETWEEN - 41 ZE3 -6 WILLIAM FERNANDEZ and BRENNA L. SCHROLL 7" c. THIS AGREEMENT made this 1 day of 2011 between ? , , WILLIAM FERNANDEZ, of Cumberland County, Pennsylvania, hereinafter referred to as Husband, and BRENNA L. SCHROLL, of York County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R1: The parties hereto are husband and wife, having been joined in marriage on, July 11, 1983, in Towson, Baltimore County, Maryland, and R.2: Certain differences exist between the parties and they have decided to permanently live separate and apart from each other and they intend by this Agreement to fully and finally settle all of their respective rights and obligations as between each other, including, but not necessarily limited to: (1) the settling of all interests, rights and/or obligations between them or their estates, whether arising out of their marriage, including, but not limited to: (a) the past, present and future support, alimony pendente lite, alimony or maintenance of either party by the other party; and (b) the ownership of all assets of whatever nature, including assets acquired by either party prior to or subsequent to the date of execution of this Agreement. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties, Wife and Husband, intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL Husband has been represented by Dean E. Reynosa, Esquire and Wife has been represented by Samuel L. Andes, Esquire. Both parties acknowledge that they are familiar with and fully understand the relevant law and relevant facts, including the assets, liabilities, income [and expenses] of the other party, and that each is fully aware of his or her rights and obligations. Each party represents that he or she understands that, in the absence of this Agreement and as a matter of law: (1) as a surviving spouse, he or she might be entitled to a greater share in the decedent's estate than is provided for in this Agreement; and (2) as a separated and/or divorced spouse, he or she might be entitled to greater support, maintenance, alimony pendente lite, counsel fees, costs, alimony, distribution of property, or other financial benefit arising from the marital relationship than is provided for in this Agreement. Notwithstanding the foregoing, the parties shall be bound by the terms of this Agreement. Each of the parties further acknowledges and agrees that, with such knowledge, and after having read this Agreement carefully and fully, this Agreement is fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith, and that its execution is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. 2. DEFINITIONS 2.1. Divorce Code. The phrase "Divorce Code" shall be defined as Pennsylvania C.S.A., Title 23, Section 101 et seq. (effective March 19, 1991). 2.2. Date of Execution of This Agreement. The phrase "date of execution" or "execution date" of this Agreement shall be defined as the date that the last party signs this Agreement. 2.3. Asset. The word "Asset" shall be defined as anything of value, including, but not limited to, real and/or personal, tangible and/or intangible property and all financial interests however held. 2.4. Effective Date of Agreement. This Agreement shall become effective and binding upon both parties on the execution date of this Agreement. 3. EFFECT OF DIVORCE DECREE This Agreement shall continue in full force and effect after a final decree in divorce is entered in any jurisdiction, it shall survive and not merge into any such divorce, and its provisions shall not be affected by the entry of such a decree, surviving any such decree and remaining independent of any such decree. The parties agree that the terms of this Agreement shall be incorporated for enforcement purposes only, but not merged into the divorce decree. The Court entering the decree shall have all of the powers of enforcement, which, at the discretion of the non-breaching party, shall include, but not necessarily be limited to, all of the following: for breach of contract, under theories of equity, and under the Divorce Code, including under Section 3105 (which includes contempt). The provisions of this Agreement shall not be modifiable for any reason 4. EFFECT ON DIVORCE The parties shall promptly file the affidavits required to obtain a divorce pursuant to Section 3301(c) of the Domestic Relation Code. As defined in the Domestic Relations Code, the parties' marriage is irretrievably broken and they do not desire marriage counseling. 5. EFFECT OF NO DIVORCE Except as otherwise provided for in this Agreement, this Agreement shall remain in full force and effect even if no final decree in divorce is entered. 6. PERSONAL RIGHTS Each party shall be free from any direct or indirect interference by the other in his or her personal and business activities as of the date of execution of this Agreement. Except as is otherwise set forth in this Agreement, each party may reside wherever and with whomever he or she desires. The parties shall not interfere with, harass, or malign each other or the respective families, friends, colleagues, employers or employees of each other. Neither party shall enter the residence of the other party without the express written permission of the other party. 7. WARRANTY OF DISCLOSURE Husband and Wife represent and warrant that they have disclosed to each other in full their respective assets (including the basis and holding period of such assets, where applicable), liabilities and income, that they have been given ample opportunity to identify, analyze and value the assets titled in the name of or held for the benefit of the other party and that this Agreement was negotiated and entered into on the basis of those disclosures and their substantial accuracy. Notwithstanding the foregoing, any further disclosure, and any further statement in this Agreement regarding disclosure, is specifically waived. 8. EQUITABLE DISTRIBUTION OF ASSETS 8.1. Real Property. The parties are the owners of certain real estate known and numbered 118 Driftwood Drive, Shiloh, North Carolina. This property is deeded in the parties' names jointly. There is no mortgage for this property. The parties have agreed to accept that this property has a value of $295,000.00. It is acknowledged that this value is based upon an appraisal prepared July 10, 2008, by Jack O'Horton. The parties have chosen not to have the property reappraised. Wife agrees to pay to Husband $147,950.00 upon execution of this Agreement but no later than sixty (60) days from the date of this Agreement. Upon proper notice of the settlement date and the Settlement Agent, Husband agrees to make every effort to deliver the Deed to Wife's North Carolina Settlement Agent five (5) days prior to the scheduled settlement. The parties also possess a joint interest in an Outdoor World campsite. Upon signing this Agreement, Wife will take all necessary steps to prepare all necessary paperwork for Husband to sign to transfer the Outdoor World campsite to Wife individually. It is acknowledged that Wife may choose not to retain the Outdoor World campsite and she is free to dispose of it as she sees fit. 8.2. Personal Propert y. All personal property which was acquired separately by each of the parties prior to the marriage, by gift or inheritance from a third party, or after separation, shall remain the separate property of the party who has possession or control of it as of the date of execution of this Agreement. The parties hereto mutually agree that they have effected a satisfactory division of all other personal property not specifically mentioned herein, including the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. 8.3 Motor Vehicles. The parties agree that they have satisfactorily agreed upon who shall keep which vehicles. Specifically, Wife shall retain possession of a 1991 Nissan Pathfinder and a 1985 Ford pickup. Husband shall retain possession of the 1997 Ford Econoline van and a 2006 Mazda. The vehicles are not subject to any liens. To the extent the parties have not already done so, each party agrees to take whatever steps are necessary to sign the respective titles over to the party retaining possession of each vehicle. 8.4 Life Insurance. The parties acknowledge that neither possesses life insurance with any cash value. Each party is free to identify any beneficiary they choose or any life insurance policy they may possess. 8.5 Retirement, pension, investments, stocks, bonds, mutual accounts. The parties acknowledge that they each individually possess pensions, retirements and investments. The parties have agreed that they will each keep their own investments. Specifically, Husband will retain his Thrift Savings Plan (civil), his Thrift Savings Plan (military), his Vanguard IRA, his Civil Service Retirement Systems (CSRS), his military pension and his Vanguard Roth IRA. Wife will retain her Thrift Savings Plan, her Vanguard IRA, her Civil Service Retirement Systems (CSRS), her Vanguard Investment Account and her military pension. The parties acknowledge that each have exchanged information with the other concerning the value of the foregoing assets. The parties further acknowledge that they retained the services of Jonathan D. Cramer and obtained values for the CSRS and military pensions for both parties. j In reaching this agreement, both parties hereby waive any claim against the other's investment assets listed herein. They have agreed that each will retain their own investment assets as listed herein. Each party hereby waives any right to claim or receive any survivor benefits under the retirement or pension plans held by the other (specifically including the Civil Service Retirement System Pension and the National Guard Pension). Any elections previously made by either of the parties to grant survivor benefits to the other are hereby cancelled and are null and void. 8.6 Tax Consequences. This Agreement has been negotiated on the assumption that, except as otherwise specifically provided for, the transfer of assets pursuant to this Paragraph will be governed by the i provisions of Sections 1041 and 71(b)(1)(B) of the Internal Revenue Code and as such shall not result in the recognition of any gain or loss upon the transfer by the transferor. It also is understood by the parties that the transfer of property subject to Section 1041 of the Internal Revenue Code shall require that the transferee take the property with a tax basis equal to the adjusted tax basis that the property had in the hands of the transferor. i 9. ALIMONY Husband and Wife stipulate and agree that they have exchanged earnings information, tax records and records relating to their income, and that based upon same, it has been determined by and between the parties that each will waive their request for alimony. 10. CREDIT Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist as of the date of execution of this Agreement which provide f I for joint liability. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable. 11. DEBT: A. Marital Debt: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on June 22, 2007, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party 12. INCOME TAX 12.1 Past Returns. Each party represents that, to the best of his and her knowledge, all income tax returns and other documents required to be filed with the Internal Revenue Service and any other taxing authority for prior calendar years have been filed and that no notices have been received from the Internal Revenue Service or any other taxing authority which remain unresolved. Each party further represents to the other that, to the best of his or her knowledge, the information set forth in the joint tax returns filed for prior calendar years were and remains accurate and acknowledges that the other party relied upon such representations in signing those returns. Therefore, if any deficiency in federal, state, or local income tax is proposed, or any assessment of any such tax is made against either party by reason of her or his having joined in the filing of joint federal, state or local income tax returns, each party shall indemnify the other and hold them harmless from any tax, interest, penalty or expense resulting from any such tax deficiency, including reasonable counsel and accounting fees, and such tax, interest, penalty or expense shall be divided equally, unless said tax, interest, penalty or expense is finally determined to be attributable to one party's misrepresentations or failures to disclose relevant information of income on the aforesaid joint income tax returns. In that event, the party not determined to be at fault shall choose the counsel to represent the parties or themselves individually in the matter and shall have the sole right to decide whether to contest and/or to settle any such deficiency or claim. The party determined to be at fault shall be responsible for making payment for all tax, interest, penalty or expense, and reasonable counsel and accounting fees. 13. COUNSEL FEES Except as otherwise provided for in this Agreement, each party shall be responsible for his or her own legal fees and expenses. 14. OBLIGATIONS NOT DISCHARGEABLE IN BANKRUPTCY The parties represent that, to the best of their knowledge, there are no bankruptcy proceedings pending involving either of the parties. The payments provided for in this Agreement are not, and are not intended to be, a debt which is affected by a discharge in bankruptcy. Therefore, those debts shall not be discharged in bankruptcy. 15. WARRANTY AS TO EXISTING AND FUTURE OBLIGATIONS During the course of the marriage, Wife and Husband have incurred certain liabilities. Each party represents, covenants and warrants that, to the best of his or her knowledge and except as specifically otherwise provided for by the terms of this Agreement, as of the date of execution of this Agreement: (a) no unpaid liabilities, remain which were incurred by him or her or on his or her behalf for which the other party may be deemed liable; (b) there are no actions, suits or proceedings pending or threatened against Husband and/or Wife or affecting any jointly held properties or rights, at law or in equity or before any federal, state, municipal or other governmental agency, nor is Wife or Husband aware of any facts which to his or her knowledge might result in any such action, suit or proceeding; (c) if any such liabilities, actions, suits or proceedings should be determined to have existed as of the date of execution of this Agreement or thereafter, the party who incurred that debt shall exonerate and indemnify the other party against and hold the other party harmless from any liability or expense, including counsel fees, incurred as a result of those liabilities; and (d) he or she shall not incur any liability whatsoever in the future for which the other party or the estate of the other party may be liable, and shall exonerate and indemnify the other party against and hold the other party harmless from any such damages resulting from such liability, including reasonable counsel fees, incurred by the other party. 16. RELEASE OF TESTAMENTARY CLAIMS Except as specifically provided for in this Agreement: (a) each of the parties shall have the right to dispose of his or her property by last Will, or otherwise, as he or she chooses, without any claim by the other party; (b) the estate of each of the parties, of whatever nature, shall belong to whoever would have been entitled to it, as if the decedent had been the last to die; (c) each party shall permit any Will of the other to be probated and allow administration upon his or her estate of whatever nature to be taken out by whoever would have been entitled to do so had Husband or Wife died during the lifetime of the other; (d) neither Husband nor Wife shall claim against or contest the Will and/or the estate of the other; and (e) each of the parties covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators, or assigns, for the purpose of enforcing any of the rights relinquished under this Paragraph. 17. MUTUAL WAIVERS AND RELEASES 17.1 Except as specifically provided for in this Agreement, this Agreement constitutes a full and final resolution of any and all claims which each of the parties ever had, now have or may have in the future against the other party and/or the estate of the other party, including, but not necessarily resulting from, their status as Husband and Wife. Therefore, except for all rights and obligations specifically arising under this Agreement, the parties each do, for themselves and for their heirs, executors, administrators, successors, and agents, hereby mutually waive, remise, release, quitclaim and forever discharge the other party and the heirs, executors, administrators, successors and agents of the other party, for all time to come and for all purposes whatsoever, of and from any and all right, title, interest, cause of action and/or claim in or against the other (except for divorce), or the assets of the other, or against the estate of the other, of whatever nature (including, but not limited to, the assets identified pursuant to this Agreement as belonging to the other party, any income and/or gain from such property, and any assets of whatever nature acquired by the other party prior to or subsequent to the date of execution of this Agreement) and which he or she now has or at any time in the future may have against the other, the estate of the other or any part thereof, whether in law or in equity, whether known or unknown, matured or unmatured, and whether arising under the laws of any jurisdiction and including, but not limited to, the following: (i) out of any former acts, contracts, engagements or liabilities of such other; (ii) pursuant to inheritance, elective and/or intestate rights to the other party's estate, including, without limitation, claims for dower, curtsey, widow's or widower's rights, family exemption, a distributive share, survivor's allowance, benefits under a retirement plan, under the intestate laws, the right to take against the deceased spouse's Will, the right to treat a lifetime conveyance by the other as testamentary, and all other rights of a surviving spouse to challenge a deceased spouse's Will, challenge the other party's Will, elect to take against the other party's Will, and/or participate in a deceased spouse's estate as administrator, executor or otherwise; (iii) right to share in any retirement benefits for the other spouse, except social security; and (iv) for past, present or future support or maintenance, alimony, alimony pendente lite, property division (including, but not necessarily limited to, equitable distribution), counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, whether under the Divorce Code or otherwise. 17.2 Neither party may apply to any court for a modification of this Agreement, whether pursuant to the Divorce Code or any other present or future statute or authority. In the event that either of the parties shall nevertheless seek such a modification of this Agreement, that party shall indemnify the other party against and hold the other party harmless from any loss resulting therefrom, including reasonable counsel fees and costs. 18. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms of this Agreement shall be valid unless in writing and signed by both parties. 19. 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. No waiver of any breach or default of this Agreement shall be deemed a waiver of any subsequent default of the same or similar nature or a waiver of strict performance of any other obligations pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the terms of this Agreement shall in no way affect the right of such party to enforce those terms in the future. 20. REMEDIES IN THE EVENT OF A BREACH In the event of a breach of any of the provisions of this Agreement by one of the parties, the remedies available to the non-breaching are cumulative and include all remedies at law and in equity, including those for breach of contract, under theories of equity, under the Divorce Code, as amended, including Section 3105 (which includes contempt), as if this Agreement had been an Order of the Court, and shall not be limited to those remedies specifically referred to in this Agreement. In the event either party breaches any provision of this Agreement, the breaching party shall exonerate and indemnify the non-breaching party and hold the non-breaching party harmless for all losses resulting from such breach, including, but not limited to, counsel fees, and costs relating to such breach, whether or not litigation is instituted. 21. SEVERABILITY If any provision of this Agreement shall be finally determined to be invalid, then only that provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and shall continue in full force and effect. The failure of any party to meet her or his obligations under any provision of this Agreement, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 22. LAW OF PENNSYLVANIA APPLICABLE The parties recognize that the laws of the Commonwealth of Pennsylvania may be modified or changed subsequent to the date of execution of this Agreement, but understand and agree that regardless of where the parties may reside or be domiciled in the future and regardless of the situs of any of the parties' real and/or personal property, this 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. 23. EFFECT OF RECONCILIATION OR ATTEMPT TO RECONCILE This Agreement shall remain in full force and effect, even if the parties cohabit or attempt to reconcile. 24. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of any of the paragraphs or subparagraphs of this Agreement are inserted solely for convenience of reference, shall not constitute a part of this Agreement and, therefore, shall not affect its interpretation. 25. ACKNOWLEDGMENT OF RECEIPT Each party acknowledges having received a fully executed original of this Agreement. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. sy olr Date l? ate WITNESS,, I .'.. ? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this day of CL5£ 2011, before me, the undersigned, personally appeared WILLIAM FERN NDEZ, whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. I ??CiA Notary Public COMMONWEALTH Of ?INNSYLVANIA NOTARIAL SEAL Barbara E. Steel, Notary Public Carlisle Borough, Cumberland County COMMONWEALTH OF PENNSYLVANIA My Commission Expires tune 07, 201 5 COUNTY OF CUMBERLAND On this Molday of , 2011, before me, the undersigned, personally appeared BRENNA L. SC OLL, whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Not ublic COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL AMY M. HARKINS, Notary Public Lemoyne 8oro., Cumberland Coun WILLIAM M. FERNANDEZ, Plaintiff V. BRENNA L. SCHROLL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENq;YLVVANI,Q C= _a CIVIL ACTION -LAW rn00 ., NO. 10-967 CIVIL zrn r" r 6 IN DIVORCE C) 17-1 PLAINTIFF'S AFFIDAVIT OF CONSENT ?C ? z C: C j 1. A Complaint in Divorce under § 3301(c) of the Divorce bode w , filed February 4, 2010 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have eiapsea from the date of Ming ana service of the Gompiaint. 3. 1 consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. 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: U ©/?. WILLIAM M. FERNANDEZ PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER4 3301 (c) OF THE DIVORCE CODE I consent to the entry of a finai Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 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 to the best of my knowledge, information and belief. 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: / A", u // WILLIAM M. FERNANDEZ 1? WILLIAM M. FERNANDtZ, : IN THE COURT OF COMM LE ?S Plaintiff CUMBERLAND COUNTY, '' I?'Ri _ '' ' V - V. CIVIL ACTION - LAW 1 7 NO. 10-967 CIVIL °DG BRENNA L. SCHROLL, mac' Defendant IN DIVORCE 77 ter, DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed February 4, 2010 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsific Date: 1. 1 consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsifi Date: p ?2 cation t a on ies. / BRENNA L. ROLL FILE0-0F F 10 THE PROTHONOTARY 2011 SEP -8 PM 1: 18 WILLIAM M. FERNANDEYMBERLAND LQU MIN I HE COURT OF COMMON PLEAS Plaintiff Pk?Y.?A?l1CUMBERLAND COUNTY PENNSYLVANIA V. BRENNA L. SCHROLL, Defendant To the Prothonotary: CIVIL ACTION - LAW NO. 10-967 CIVIL IN DIVORCE PRAECIPE TO TRANSMIT RECORD Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant's attorney, Samuel L. Andes, accepted service of the Complaint on behalf of the Defendant on February 17, 2010, by regular mail. Proof of service was filed with the Court on February 22, 2010. 3. Date Affidavit of Consent required under Section 3301(c) or (d) of the Divorce Code was signed: By Plaintiff: August 9, 2011 and filed with the Prothonotary on September 8, 2011. By Defendant: August 24, 2011 and filed with the Prothonotary on September 8, 2011. 4. Related claims pending: Resolved by the Marital Settlement Agreement dated August 24, 2011. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: Law Offices of Sa.idis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 By Plaintiff: August 9, 2011 and filed with the Prothonotary on September 8, 2011. By Defendant: August 24, 2011 and filed with the Prothonotary on September 8, 2011. SAIDIS, LIVAN & ROGE q/81i I Xulreme- E. Re a, squire Court ID No. 80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM M. FERNANDEZ V. BRENNA L. SCHROLL : NO. 2010-967 DIVORCE DECREE AND NOW, 13", it is ordered and decreed that WILLIAM M. FERNANDEZ , plaintiff, and BRENNA L. SCHROLL , 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.") The terms of the Property Settlement and Separation Agreement dated August 24, 2011 is incorporated, but not merged, into this Decree in Divorce. By the Court, eei?- Awl pofi ,hat 1W rb Oe7jrLLoW 4 ,077 f-Y S