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HomeMy WebLinkAbout05-1793Date: 3/14/2005 Time: 08:50 AM Page 1 of 1 George F Shultz vs. Rita Shultz Frealing Dauphin County ROA Report Case: 2005-CV-0205-DV Current Judge: No Judge Divorce Date Judge User: LGARCIA 111412005 New Civil Case Filed This Date. No Judge Filing: Divorce Paid by: Wiley Lenox Receipt number: 0072440 Dated: No Judge 1/14/2005 Amount: $215.00 (Check) Plaintiff: Shultz, George F Attorney of Record: Bradley W innick No Judge 1/24/2005 Acceptance of Service of Plaintiffs complaint in divorce, filed No Judge 1/31/2005 Amended Complaint, filed No Judge Petition for Exclusive Possession of the Marital Residence, filed No Judge A rule is hereby issued upon the Defendant, Rita Frealing-Shultz to show Scott A. Evans cause, if any why Plaintiffs Petition for Exclusive Poaaession of the Martial Residence sould not be granted. Rule returnable 20 days from service thereof, see Order filed. copies to atty 2/2/05 21412005 Certificate of service of Rule to Show Cause, filed No Judge Theresa Barrett Male Esq. enters appearance on behalf of defendant. No Judge Defendant: Shultz Frealing, Rita Attorney of Record: Theresa B Male No Judge 2/912005 Filing: 2 Additional Counts Paid by: Theresa Barrett Male Receipt No Judge number: 0074138 Dated: 2/9/2005 Amount: $72.00 (Cash) Petition raising additional economic claims pursuant to Rule 1920.13 (b)(2) No Judge with counterclaim for divorce, filed 2/18/2005 Answer to Show Cause Order on Petition for Exclusive Possession of No Judge Marital Residence, filed 3/1/2005 Filing: 1 Additional Count Paid by: Wiley Lenox Receipt number: 0075193 No Judge Dated: 3/1/2005 Amount: $36.00 (Check) Petition for Related Claims Under Divorce Code, fled No Judge Plaintiffs reply to defendant's answer to petition for exclusive possesion of No Judge marital residence, filed Defendant's Motion to Transfer Proceeding to Cumberland County, filed No Judge 3/2/2005 Upon consideration of Defendant's Motion to Transfer Proceeding, the Todd A. Hoover Court GRANTS the Motion and DIRECTS the Dauphin County Prothonotary to transfer this divorce to the Prthonotary of Cumberland County. see Order filed. copies dist 3/2/05 3/3/2005 Certificate of Readiness for Pretrial Motion filed by plaintiff. No Judge 3/14/2005 The above action transferred to the Court of Common Pleas of Cumberlan No Judge County. ****NO MORE ENTRIES CASE TRANSFERRED**** No Judge TO THE CUMBERLAND COUNTY COURT MAR 15 2005 Eo''?osltg is a y th2t Il" - I hera;Ey ce'Eie , of the faft?tlnal t ;ca aW1J rArroct cogs Prothonotary 3lzlas z; r_?? 3 d .-I ?-? o a': -1c -n C'1 X'-:w. tV ,.t7 TT1 C Theresa Barrett Male + 3 yn Supreme Court # 46439 0 513 North Second Street 4 tD -< Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Defendant COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA GEORGE SHULTZ Plaintiff V. RITA FREALING-SHULTZ Defendant NO. 2005 CV 205 DV CIVIL ACTION - DIVORCE ORDER OF COURT AND NOW, March -I --, 2005, upon consideration of Defendant's Motion to Transfer Proceeding, the Court GRANTS the Motion and DIRECTS the Dauphin County Prothonotary to transfer this divorce action to the Prothonotary of Cumberland County. BY THE COURT: 1 J. Distribution Bradley A. Winnick, Esq., 130 W. Church Street, Suite 100, Dillsburg, PA 17019 (For Plaintiff) Theresa Barrett Male, Esq., 513 N. Second St., Harrisburg, PA 17101-1058 (For 4efeennd 1 t) 2?Q5 Deborah S. Freeman, Esq., Deputy Court Administrator M - ? t '?ut+idt iii. FOra?filn iS F? cuUXI Coy of the erOjef ?I C`>3_'Ye Re9t? n, A IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA c; o GEORGE F. SHULTZ, * NO, r„ * CIV COS Y ?, Plaintiff c VS. CIVIL ACTION - LAW * IN DIVORCE RITA FREALING-SHULTZ, * - ` Defendant * ro 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. 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 DAUPHIN COUNTY COURTHOUSE, FRONT AND MARKET STREETS, HARRISBURG, PA 17101. 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. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 232-7526 IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA GEORGE F. SHULTZ, Plaintiff NO. ?(?vS R cv AvS Ov VS. RTTA FREALING-SHULTZ, Defendant " CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION -3301(c) or;30 (d) OF THE DIVORCE CANE The Plaintiff is George F. Shultz, who currently resides at 5227 Crestwood Drive, Harrisburg, Dauphin County, Pennsylvania 17109. 2. The Defendant is Rita Frealing-Shultz, who currently resides at 5227 Crestwood Drive, Harrisburg, Dauphin County, Pennsylvania 17109. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 6, 2000, in Las Vegas, Nevada. There have been no prior actions for divorce or of annulment between the parties. 6. Neither party is presently a member of the Armed Forces on active duty. Plaintiff has been advised that counseling is available and that he may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued. 8. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) §3301(c) - The marriage of the parties is irretrievably broken; and (b) §3301(d) - The marriage of the parties is irretrievably broken and a Divorce Decree should be issued at such time as the parties have been living separate and apart for a period in excess of two (2) years. 9. Plaintiff requests the court to enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests This Court enter a Decree in Divorce under Section 3301(c) or (d) of the Divorce Code. Dated: 1 /13 le s- Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. 9WA Bradl . Winnick, Esquire 130 VkA Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 78413 VERIFICATION I, George F. Shultz, verify that the statements made in this document 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 unworn falsification to authorities. i Date: i f J GEORGE F. SffftTZ Plaintiff r? r -r - 2005 JAN 24 Ate 9: 26 IN THE COURT OFjhi9N PLE DAUPHIN, PENNSYttAO1 GEORGE F. SHULTZ, Plaintiff RITA FREALING-SHULTZ, Defendant * No. 2005-CV-205-DV * * VS. * CIVIL ACTION * * DIVORCE * ACCEPTANCE OF SERVICE I accept service of Plaintiff's Complaint in Divorce in the above-captioned matter, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Date: 711 ' fL(!/?i'? /Z// 'L511UXJ? kita Frealing-Shultz 5227 Crestwood Drive Harrisburg, PA 17109 Social Security Number IMAGEL r, IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA GEORGE F. SHULTZ, Plaintiff VS. RITA FREALING-SHULTZ, Defendant k NO. 2005-CV-205-DV k 0 z v+ k CIVIL ACTION - LAW * IN DIVORCE n,_ w k - c.1 AMENDED COMPLAINT -J Paragraphs one (1) through nine (9) of Plaintiff's Complaint Under Section 3301(c) or 3301(d) of the Divorce Code, filed in This Honorable Court on January 14, 2005, is hereby incorporated by reference as if fully set forth herein. 2. In addition to the grounds for divorce set forth in Plaintiff's original Complaint, he also alleges the following cause of action under the Divorce Code: (a) §3301(a)(6) - Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. WHEREFORE, Plaintiff respectfully requests This Court enter a Decree in Divorce under Section 330l(a)(6) of the Divorce Code. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. Dated: 11 a 6 la 3 Bradley innick Esquire 130 We urch Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 78413 .. VERIFICATION I, George F. Shultz, verify that the statements made in this document 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: I /a 6 1o.i ?2 GEORGE F. SHOLTZ Plaintiff 1 IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA GEORGE F. SHULTZ, Plaintiff VS. RITA FREALING-SHULTZ, Defendant * NO. 2005-CV-205-DV * * * CIVIL ACTION - LAW * IN DIVORCE * * * I, Bradley A. Winnick, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Rita Frealing-Shultz 5227 Crestwood Drive Harrisburg, PA 17111 Date: 1o By: Winnick, Esquire h IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA a-a -c6 GEORGE F. SHULTZ, NO. 2005-CV-205-DV Plaintiff / Petitioner VS. * CIVIL. ACTION - LAW * IN DIVORCE * .. ru RITA FREALING-SHULTZ, Defendant / Respondent RULE TO SHOW CAUSE w AND NOW, this 31 day of Aw rt 2005, a rule is hereby issued upon the Defendant, Rita Frealing-Shultz, to show cause, if any, y Plaintiffs Petition for Exclusive Possession of the Marital Residence should not be granted. Rule returnable o?C days from service thereof. BY THE COURT: DISTRIBUTION: e Bradley A. Winnick, Esq. 130 W. Church Street, Dilisburg, PA 17019 Mark Silliker, Esq. 5922 Linglestown Road, Harrisburg, PA 17112 Rita Frealing-Shultz 5227 Crestwood Drive, Harrisburg, PA 17109 IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA GEORGE F. SHULTZ, Plaintiff /Petitioner VS. RITA FREALING-SHULTZ, Defendant / Respondent AND NOW, this day of * NO. 2005-CV-205-DV x z * CIVIL ACTION - LAW * IN DIVORCE x x x 2005, after review of Plaintiffs Petition for Exclusive Possession of the Marital Residence, IT IS HEREBY ORDERED AND DECREED THAT Plaintiff, George F. Shultz, is granted exclusive possession of the residence situated at 5227 Crestwood Drive, Harrisburg, PA 17109. Defendant, Rita Frealing-Shultz, shall vacate said premises within days and shall not return without the consent of Plaintiff or further Order of Court. OR, IN THE ALTERNATIVE, a hearing on Plaintiff's petition shall be held on at in Courtroom # of the Dauphin County Courthouse. DISTRIBUTION: BY THE COURT: , J. Bradley A. Winnick, Esq. 130 W. Church Street, Dillsburg, PA 17019 Mark Silliker, Esq. 5922 Linglestown Road, Harrisburg, PA 17112 Rita Frealing-Shultz 5227 Crestwood Drive, Harrisburg, PA 17109 IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA GEORGE F. SHULTZ, * NO. 2005-CV-205-DV r, Plaintiff! Petitioner F., VS. CIVIL ACTION - LAW . * l IN DIVORCE r RITA FREALING-SHULTZ, Defendant I Respondent co co _PETITION FOR EXC MARI LUSI TAL R VE POSSESSION OF THE ESIDENCE n AND NOW, this 8V day of January, 2005, comes the Petitioner, George F. Shultz, Plaintiff in the above-captioned divorce action, by and through his attorney, Bradley A. Winnick, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant petition seeking exclusive possession of the marital residence, respectfully averring as follows: 1. Plaintiff and Defendant were married on November 6, 2000. 2. Since their marriage, the parties have resided together at 5227 Crestwood Drive, Harrisburg, Dauphin County, Pennsylvania. 3. The residence situated at 5227 Crestwood Drive was purchased by Petitioner in 1987 and has at all times since that purchase been owned by him alone. 4. In light of the date of acquisition, Petitioner's sole ownership and the relevant provisions of the Pennsylvania Divorce Code, Petitioner submits that the property itself is non- marital. 5. On January 3, 2005, Petitioner removed himself from his residence and has not returned. Respondent continues to reside therein. 6. On January 14, 2005, Petitioner filed a Complaint in Divorce at the above- captioned docket. The parties do not have any children. 8. Both parties are employed and are financially capable of securing their own housing. 9. Petitioner respectfully submits that circumstances which arose both prior and subsequent to January 3, 2005, make it impossible for Petitioner and Respondent to continue to reside in the same home together. 10. Petitioner further contends that the fact that the mortgage on the residence is in Petitioner's name, the residence is not marital property, Petitioner is likely to retain the residence following the divorce, Respondent's financial ability to obtain her own housing and the absence of children to consider, are all factors which weigh towards awarding exclusive possession of the marital residence to Petitioner. WHEREFORE, Petitioner respectfully requests This Honorable Court award exclusive possession of the marital residence to him. Dated: I /ol810 Respectfully submitted, WILEY, LENOX, COLG & MARZZACCO, P.C. Bradl . Winnick, Esquire 130 Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 78413 VERIFICATION I, George F. Shultz, verify that the statements made in this document 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: J,0-3 ;/ - GEORGE F. SHULTZ Plaintiff h IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA GEORGE F. SHULTZ, Plaintiff VS. RITA FREALING-SHULTZ, Defendant * NO. 2005-CV-205-DV * * * CIVIL, ACTION - LAW * IN DIVORCE * * * CERTIFICATE OF SERVICE I, Bradley A. Winnick, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Rita Frealing-Shultz 5227 Crestwood Drive Harrisburg, PA 17111 Date: / / 8 /a By: Bradle A Winnick, Esquire IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA GEORGE F. SHULTZ, * NO. 2005-CV-205-DV Plaintiff -r, VS. * CIVIL ACTION - LAW * IN DIVORCE r * RITA FREALING-SHULTZ, * -- Defendant * Co cn w CERTIFICATE OF SERVICE I, Sherie A. Minich, Secretary to Bradley A. Winnick, Esquire hereby certify that I am this day serving a copy of the Rule to Show Cause why Plaintiff's Petition for Exclusive Possession of the Marital Residence should not be granted upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Rita Frealing-Shultz 5227 Crestwood Drive Harrisburg, PA 17111 Date: s By: - /? 'Sherie A. Minich Cd N O O G!+ T l? iT - Theresa Barrett Male -nG Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Ln tbm@tbmesq mesquit e.com Counsel for Defendant COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA GEORGE SHULTZ Plaintiff V. RITA FREALING-SHULTZ Defendant To the Prothonotary: a2oS NO. 2005 CV ?%4 DV CIVIL ACTION - DIVORCE PRAECIPE Please enter the appearance of Theresa Barrett Male, Esquire on behalf of Defendant in this proceeding. Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: February 3, 2005 0 w Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Defendant a " Pd a zL ? C CU l0 ti. .•- -T7 W _ -1 co COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA GEORGE SHULTZ Plaintiff V. RITA FREALING-SHULTZ Defendant '205 NO. 2005 CV 26*DV CIVIL ACTION - DIVORCE PETITION RAISING ADDITIONAL ECONOMIC CLAIMS PURSUANT TO RULE 1920.13 (b) (2) WITH COUNTERCLAIM FOR DIVORCE 1. Defendant ("Wife") incorporates by reference the averments set forth in paragraphs 1 through 6 of Plaintiff's Complaint in Divorce. Alimony 2. Wife lacks sufficient income and assets to provide for her reasonable needs and is unable to support herself fully through employment. 3. Plaintiff ("Husband") has sufficient assets and income to provide continuing ?i °' ? loam F. support for Wife. Wherefore, Defendant requests the Court to enter an Order granting her alimony. Alimony Pendente Lite, Counsel Fees, Costs and Expenses 4. Wife lacks sufficient income and assets to provide for her reasonable needs and is unable to support herself fully through employment. 5. Husband has sufficient assets and income to provide continuing support for Wife. 6. Wife has retained counsel to pursue this action and has agreed to pay her attorney a reasonable fee. 7. Wife lacks sufficient funds to meet the costs and expenses of pursuing this action, including counsel fees and the costs to retain experts to value the marital assets. 8. Husband has sufficient assets and income to provide alimony pendente lite, counsel fees, costs and expenses for Wife. Wherefore, Defendant requests the Court to enter an order awarding her alimony pendente lite, counsel fees and expenses. Counterclaim for Divorce 9. Husband has offered such indignities to Wife, the innocent and injured spouse, as to render her condition intolerable and her life burdensome. 10. The marriage is irretrievably broken. 2 Wherefore, Defendant/Plaintiff on the Counterclaim requests the Court to enter a Decree in Divorce under section 3301(a)(6), or, alternatively, under section 3301(c) or (d). Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: February 7, 2005 3 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Bradley A. Winnick, Esquire The Wiley Group 130 W. Church Street, Suite 100 Dillsburg, PA 17019 Attorneys for Plaintiff Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: February / '2005 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, relatingto unsworn falsification to authorities. C A a Frealing-Shultz / Date: n7 &6- ti Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Defendant c0 _ N COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA GEORGE SHULTZ Plaintiff V. RITA FREALING-SHULTZ Defendant NO, 2005 CV 205 DV CIVIL ACTION - DIVORCE ANSWER TO SHOW CAUSE ORDER ON PETITION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE 1. Plaintiff filed his Complaint in Divorce on January 14, 2005. 2. Plaintiff's complaint did not raise any economic claims. 3. Plaintiff filed an amended complaint on January 31, 2005. 4. Plaintiff's amended complaint did not raise any economic claims. 5. Absent a claim for equitable distribution, the court has no authority to entertain l? i J? t/ a petition for possession of the marital residence. _, Wherefore, Defendant requests that the Court deny Plaintiff's petition for exclusive possession of the marital residence. d ? Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: February 18, 2005 2 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, relatingto unsworn falsification to authorities. 117 ? - J ? Rita FrealingShultz i Date: PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Bradley A. Winnick, Esquire The Wiley Group 130 W. Church Street, Suite 100 Dillsburg, PA 17019 Attorneys for Plaintiff Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: February 18, 2005 N 4' C C_ a Opp Theresa Barrett Male rtI-;r I X-nn Supreme Court # 46439 z n -0 O < 513 North Second Street D C-) -O Harrisburg, PA 17101 D44 (717) 233-3220 -+ W tbm@tbmesquire.com Counsel for Defendant COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA GEORGE SHULTZ Plaintiff V. RITA FREALING-SHULTZ Defendant NO, 2005 CV 205 DV CIVIL ACTION - DIVORCE DEFENDANT'S MOTION TO TRANSFER PROCEEDING TO CUMBERLAND COUNTY 1. Plaintiff instituted this action on January 14, 2005 by filing a non-economic divorce complaint. 2. On January 31, 2005, Plaintiff filed a non-economic amended complaint and a petition for possession of the marital residence, 3. On February 4, 2005, counsel for Defendant ("Wife") entered her appearance. h 4. On February 4, 2005, Plaintiff through his counsel: a. Informed Wife's counsel that he had filed a petition for exclusive possession of the marital residence. b. Concurred in Wife's request to transfer this action out of Dauphin County if a hearing were necessary on any issues. C. Suggested Cumberland County as the venue in which to litigate this action. d. Also indicated that he had filed an amended complaint raising fault as a ground for the divorce action. e. Agreed with counsel's observation that the indignities claim would ratchet up the tensions between the parties. 5. Wife filed a petition raising claims for alimony, alimony pendente lite, counsel fees, costs and expenses on February 9, 2005. 6. On February 18, 2005, Wife filed her answer to the exclusive possession petition. 7. On February 28, 2005, Plaintiff filed a reply to Wife's answer, a petition asserting a claim for equitable distribution, and a "non-jury assignment request" seeking judicial assignment for a three-hour hearing. 8. Plaintiff is the Chief Public Defender for Dauphin County. 9. Wife is the Director of this Court's Domestic Relations Section. 2 10. Wife agrees with Plaintiff that Cumberland County is an appropriate forum for transfer of this action in light of the parties' positions. Wherefore, Defendant requests the Court to enter an order directing the Dauphin County Prothonotary to transfer this action to the Prothonotary of Cumberland County. /z4x,4- Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: March 1, 2005 3 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Bradley A. Winnick, Esquire The Wiley Group 130 W. Church Street, Suite 100 Dillsburg, PA 17019 Attorneys for Plaintiff 40 Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: March 1, 2005 ED 1 IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA GEORGE F. SHULTZ, " NO. 2005 CV 205 OV Plaintiff x ?d vs. CIVIL ACTION - LAW " IN DIVORCE a c, <:n RITA FREALING-SHULTZ, Defendant * =a PETITION FOR RELATED CLAIMS UNDER DIVORCE CODE _ X AND NOW, comes the Plaintiff, George F. Shultz, by and through his attorney, Bradky A Winnick, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files this Petition for Related Claims Under Divorce Code, respectfully averring as follows: REQUEST FOR EQUITAB COUNTI LE DISTM TION OF MARITAL PROPERTY UNDE §35 02(a) OF THE DIVO RCE CODE 1. Plaintiff and Defendant may have individually or jointly acquired property, both real and personal, during the marriage, in which they individually or jointly have legal or equitable interest, which marital property is subject to equitable distribution. WHEREFORE, Defendant respectfully requests This Honorable Court to determine and equitably distribute, divide or assign any marital property, pursuant to §3502(a) of the r' Code. Respectfully submitted, WILEY, LENOY, COLGAN & MARZZACCO By Bradl Winnick, Esquire ID # 3 130 W. Church Street Dillsburg, PA 17019 (717) 432-9666 Dated: g\ /d 7 /i? VERIFICATION I, George F. Shultz, verify that the statements made in this document 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 unworn falsification to authorities. Date: GEORGl F. S TZ Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA GEORGE F. SHULTZ, Plaintiff * NO. 2005-CV-205-DV x x Vs. * CIVIL ACTION - LAW * IN DIVORCE x RITA FREALING-SHULTZ, Defendant CERTIFICATE OF SERVICE I, Bradley A. Winnick, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Theresa Barrett-Male 513 N. Second Street Harrisburg, PA 17101 Date: 8.1018 ?lu By: 1 Bradt A innick, Esquire WA E IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA GEORGE F. SHULTZ, Plaintiff / Petitioner VS. * CIVIL ACTION - LAW * IN DIVORCE * RITA FREALING-SHULTZ, Defendant / Respondent x x * NO. 2005-CV-205-DV x * r, v, cP C!1 PLAINTIFF'S REPLY TO DEFENDANT'S ANSWER TO PETITION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE 1. On February 18, 2005, Defendant filed her Answer to Plaintiffs Petition for Exclusive Possession of the Marital Residence. 2. Said petition failed to admit or deny any allegations of Plaintiff s petition, but simply stated that This Court has no authority to entertain the petition absent the filing of a claim for equitable distribution by either party. 3. 23 Pa. C.S.A. §33230 grants the court, in all matrimonial causes, full equity power and jurisdiction to issue orders necessary to protect the interests of the parties and to grant such relief as equity and justice require. 4. 23 Pa. C.S.A. §3502(c) specifically authorizes the court to grant one or both parties the right to reside in the marital residence. The power prescribed under this provision is in no way conditioned upon the existence of a separate claim for relief under §3502(a), equitable distribution of marital property. This is apparent from the plain language of the statutes. In fact, to interpret the law otherwise would deny the equitable authority of §3502(c) to those parties to a divorce action who do not have marital property to divide. Despite the lack of merit to Defendant's argument, Plaintiff is filing a claim for equitable distribution contemporaneously with the filing of this Reply. Therefore, Plaintiff submits that Defendant's Answer is moot. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO By: _ Bradle A. innick Esquire ID 47 130 W. Church Street Dilllsburg, PA 17019 (717) 432-9666 Dated: a. f a -7 /o,5-? VERIFICATION I, George F. Shultz, verify that the statements made in this document 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 IS Pa. C. S. §4904, relating to unsworn falsification to authorities. Date: L-J 2 ?" ? l'G ORGE F. MUZ Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA GEORGE F. SHULTZ, Plaintiff RITA FREALING-SHULTZ, Defendant * NO. 2005-CV-205-DV Vs. * CIVIL ACTION - LAW * IN DIVORCE CERTIFICATE OF SERVICE I, Bradley A. Winnick, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Theresa Barrett-Male 513 N. Second Street Harrisburg, PA 17101 Date: a /c is 10..?-- By. - Bra ey . Winnick, Esquire ED ti o 2 _ =U C-5 M Theresa Barrett Male „zz _ QO Supreme Court # 46439 - 513 North Second Street -< Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Defendant COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA GEORGE SHULTZ Plaintiff V. RITA FREALING-SHULTZ Defendant NO. 2005 CV 205 DV CIVIL ACTION - DIVORCE DEFENDANT'S MOTION TO TRANSFER PROCEEDING TO CUMBERLAND COUNTY 1. Plaintiff instituted this action on January 14, 2005 by filing a non-economic divorce complaint. 2. On January 31, 2005, Plaintiff filed a non-economic amended complaint and a petition for possession of the marital residence. 3. On February 4, 2005, counsel for Defendant ("Wife") entered her appearance. 4. On February 4, 2005, Plaintiff through his counsel: a. Informed Wife's counsel that he had filed a petition for exclusive possession of the marital residence. b. Concurred in Wife's request to transfer this action out of Dauphin County if a hearing were necessary on any issues. c. Suggested Cumberland County as the venue in which to litigate this action. d. Also indicated that he had filed an amended complaint raising fault as a ground for the divorce action. e. Agreed with counsel's observation that the indignities claim would ratchet up the tensions between the parties. 5. Wife filed a petition raising claims for alimony, alimony pendente lite, counsel fees, costs and expenses on February 9, 2005. 6. On February 18, 2005, Wife filed her answer to the exclusive possession petition. 7. On February 28, 2005, Plaintiff filed a reply to Wife's answer, a petition asserting a claim for equitable distribution, and a "non jury assignment request" seeking judicial assignment for a three-hour hearing. 8. Plaintiff is the Chief Public Defender for Dauphin County. 9. Wife is the Director of this Court's Domestic Relations Section. 2 10. Wife agrees with Plaintiff that Cumberland County is an appropriate forum for transfer of this action in light of the parties' positions. Wherefore, Defendant requests the Court to enter an order directing the Dauphin County Prothonotary to transfer this action to the Prothonotary of Cumberland County. Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: March 1, 2005 3 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Bradley A. Winnick, Esquire The Wiley Group 130 W. Church Street, Suite 100 Dillsburg, PA 17019 Attorneys for Plaintiff Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: March 1, 2005 ?0( Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 1717) 233.3220 tbm@tbmesquire.com Counsel for Defendant COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA GEORGE SHULTZ Plaintiff V. NO. 2005 CV 205 DV RITA FREALING-SHULTZ Defendant CIVIL ACTION - DIVORCE ORDER OF COURT AND NOW, March 2005, upon consideration of Defendant's Motion to Transfer Proceeding, the Court GRANTS the Motion and DIRECTS the Dauphin County Prothonotary to transfer this divorce action to the Prothonotary of Cumberland County. BY THE COURT: J. Distribution Bradley A. Winnick, Esq., 130 W. Church Street, Suite 100, Dillsburg, PA 17019 (For Plaintiff) Theresa Barrett Male, Esq., 513 N. Second St., Harrisburg, PA 17101-1058 (For Defendant) Deborah S. Freeman, Esq., Deputy Court Administrator DAUPHIN COUNTY TWELFTH JUDICIAL DISTRICT CERTIFICATE OF READINESS COURT OF COMMON PLEAS Effective: JULY 26, 2004, Rev. (e) INSTRUCTIONS ; This form shall be used for the assignment of Pretrial Motions (Preliminary Objections, Motions for Judgment on the Pleadings, Motions for Summary Judgment and Divorce Special Relief) and the listing of a case for Arbitration, Non-jury Trial or Jury Trial. File the original and one copy of this form with the Prothonotary's Office. This Certificate of Readiness must be personally signed by the filing counsel of record or the filing prose party. (USE REVERSE SIDE IF NECESSARY, DO NOT ABBREVIATE PARTIES.) PLAINTIFF(S): George F. Shultz DEFENDANT(S): Rita Frealing-Shultz 0 ADDITIONAL DEFENDANT(S): cn J ry DOCKET NUMBER: Z7__ ST - V- OS-DV rn_ 1 ;zrn A. PRETRIAL MOTIONS (Complete Sections A and F of the Certificate of Readiness)- n M ? Preliminary Objections ij ? Judgment on the Pleadings ? Summary Judgment 19 Divorce Special Relief a C' ? ..1 O ® I hereby certify that the matter is ready for disposition in accordance with the Pennsylvania Rules of Civil Procedur"nd thedauplt 4 -n County Local Rules. ^-t B. ARBITRATION (Complete Sections B, E and F of the Certificate of Readiness) ? 1 hereby certify that the amount in controversy is $35,000 or less, and that this case is ready in all respects for disposition by a Board of Arbitration. This matter will be heard by a Board of Arbitration at the time, date, and place specified by the Chair of the panel, but, if one or more of the parties is not present at the hearing, the matter may be heard at the same time and date before a Judge of the Court without the absent party or parties being present. 1 also realize that there is no right to a trial de novo on appeal from a decision entered by a Judge. C. NON-JURY CIVIL TRIAL (Complete Sections C, E and F of the Certificate of Readiness) ? 1 hereby certify that all discovery in the case has been completed and that the case is ready in all respects to be assigned to a judge for a non-jury civil trial in accordance with the Pennsylvania Rules of Civil Procedure and the Dauphin County Local Rules. D. CIVIL JURY TRIAL (Complete Sections D, and F of the Certificate of Readiness) ? 1 hereby certify that all discovery in the case has been completed; that I have made reasonable inquiry of all counsel and/or prose parties to ensure that all necessary parties, attorneys, and witnesses will be available and that they are available; that serious settlement negotiations have been conducted; that videotaped testimony for use at trial has been recorded; and that the case is ready in all respects for trial, all in accordance with the Pennsylvania Rules of Civil Procedure and the Dauphin County Local Rules. 1 understand that this case will be listed for a jury trial for the next trial term in accordance with the timelines found in the annual court calendar. I further understand that sanctions maybe imposed upon me by the Court for the filing of an improper Certificate of Readiness listing a case forjury trial. Has this case previously been certified for trial? ? Yes, date previously certified: ? No, never previously certified E. TYPEOFCASE ? Contract ? Medical Malpractice ? Motor Vehicle Accident ? Products Liability ? Premises Liability ? Other Malpractice ? Other Type of Case: Estimated Trial Time: days COUNSEL: (List names, addresses and telephone numbers of all counsel and check appropriate box to designate listing counsel) Plaintiff(s): Bradley A. Winnick Telephone Number: 717-432-9666 130 West Church Street lsburg PA 17019 ? l ? EmailAddress: bradleywinnick@wileygrouplaw.com , Listin Co r s i Defendant(s): eresa arre a e Telephone Number: 717-233-3220 513 North 2nd street u s5risburg, PA 17101 tbm@tbmesquire.com Email Address: ? Listing Co Additional Delendants): Telephone Number: Email Address: ? Listing Counsel VERIFICATION: I, the undersigned listing counsel or pro se party, hereby acknowledge that sanctions may be imposed upon me for the improper filing of this Certificate of Readiness and that false statements herein are made subject to the penallies of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. I further certify that I will immediately serve all counsel and/or pro se parties with a copy of this Certificate of Readiness. 3 /l /as 9?Lll Date Counsel or Pro Se Party 0 JUDICIAL ASSIGNMENTS (CIVIL) CASE NAME: DOCKET NUMBER: Shultz v. Frealing-Shultz 205 CV 2005 MATTER ASSIGNED: ASSIGNED JUDGE: DATE OF ASSIGNMENT: ATTORNEYS INVOLVED: NOTES TO ASSIGNED JUDGE: Deb Freeman Divorce Special Relief Judge Hoover 3-1-05 Plaintiff: Bradley Winnick Defendant(s): Theresa Barrett-Male 31 5- ? ?` c C C C P- 4- r? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GEORGE F. SHULTZ, * NO. O S - 17Q3 t [ ?1 y? Plaintiff * 1 VS. * CIVIL ACTION - LAW * IN DIVORCE RITA FREALING-SHULTZ, Defendant PETITION FOR HEARING ON PLAINTIFF'S PETITION FOR EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE AND NOW, comes the Plaintiff, George F. Shultz, by and through his attorney, Bradley A. Winnick, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and petitions This Court to schedule a hearing on his Petition for Exclusive Possession of the Marital Residence which was previously filed, respectfully averring as follows: On January 15, 2005, Plaintiff filed a Complaint in Divorce in the Dauphin County Court of Common Pleas, docketed to 2005 CV 205 DV, 1 On January 17, 2005, Defendant executed an Acceptance of Service which was filed on January 24, 2005. 3. On January 31, 2005, Plaintiff filed a Petition for Exclusive Possession of the Marital Residence and, on that same date, The Honorable Scott A. Evans issued a Rule upon Defendant to show cause why said petition should not be granted. 4. Simultaneously with the filing of the petition seeking special relief, Plaintiff filed an Amended Complaint alleging grounds for Divorce under §3301(a)(6) of the Divorce Code. 5. On February 4, 2005, Theresa Barrett Male, Esquire, entered her appearance as attorney of record for Defendant. 6. On February 9, 2005, Defendant filed a Counterclaim for Divorce and a petition raising the claims of Alimony, Alimony Pendente Lite, Counsel Fees, Costs and Expenses. On February 18, 2005, Defendant filed an Answer to Plaintiff's Petition for Exclusive Possession of the Marital Residence. 8. On March 1, 2005, Plaintiff simultaneously filed a claim for Equitable Distribution of Marital Property and a Reply to Defendant's Answer. 9. Also on March 1, 2005, although not received on that date by the undersigned, Defendant filed a Motion to Transfer Proceeding to Cumberland County. 10, On March 2, 2005, The Honorable Todd A. Hoover issued an Order directing that the instant divorce action be transferred to This Court. 11. On March 3, 2005, a Certificate of Readiness was filed requesting that a hearing be scheduled on the Petition for Exclusive Possession of the Marital Residence. Although actually filed subsequent to Judge Hoover's Order, it had been mailed for filing prior to receipt or knowledge of Defendant's motion to change venue. 12. Contemporaneous with the filing of this petition, Plaintiff is forwarding to This Court the appropriate filing fees for all claims raised to date in Dauphin County. WHEREFORE, Plaintiff respectfully requests This Honorable Court to schedule a hearing on his Petition for Exclusive Possession of the Marital Residence. By: Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO Brad] Winnick, Esquire ID # 8 3 130 W. Church Street Dillsburg, PA 17019 (717) 432-9666 Dated: N I4 /Os- CERTIFICATE OF SERVI I, Bradley A. Winnick, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Theresa Barrett-Male 513 N. Second Street Harrisburg, PA 17101 Date: Y 10.i BY Winnick, Esquire t , C n u Ica' CJ ? ?1 rn o ?< r? RECEIVED APR 069005 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GEORGE F. SHULTZ, Plaintiff VS. RITA FREALING-SHULTZ, Defendant * NO. OS- - I'193 of, l ??2i n * CIVIL ACTION - LAW * IN DIVORCE ?/ ?,, ORDER OF COURT AND NOW, this ! r• day of , 2005, upon review of the Petition for Hearing on Plaintiff's Petition for Exclusive Possession of the Marital Residence, IT IS HEREBY yyORDERED ? AND DECREED THAT said hearing shall be held on at jJ = -W. m Courtroom # -?rofthe IVOOAI Cumberland County Courthouse. BY COURT: ,J. DISTRIBUTION: A;/B dleyy A. Winnick, Esq. resa Barrett Male, Esq. ac 130 W. Church Street, Dillsburg, PA 17019 513 North Second Street, Harrisburg, PA 17101 .II 0 -/ 61 :Z Wd 1121c,'j NOZ ?b'a's?n'ir; !Ord 'Hi 10 DS- I193 MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this A9 day of 2005, by and between RITA FREALING-SHULTZ, of Harrisburg, Dauphin Pennsylvania (hereinafter referred to as "WIFE") and GEORGE F. SHULTZ, of Dauphin County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on November 6, 2000, in Las Vegas,, Nevada. WHEREAS, no children were born of the marriage. WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the ties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties eto are desirous of settling fully and finally their respective financial and property rights and gations as between each other, including, without limitation by specification: the settling of all ters between them in relation to the ownership and equitable distribution of real and personal arty, settling of all matters between them relating to the past, present and future support, alimony nor maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of custody matters in general, the settling of any and all claims and possible claims by either party against the estate other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, rots and undertakings hereinafter set forth and for other good and valuable consideration, of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass malign the other, nor in any way interfere with the peaceful existence, separate and apart from the 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement ill not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any ense as may be available to either party. This Agreement is not intended to condone and shall not deemed to be a condonation on the part of either party hereto of any act or acts on the part of the ier party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that HUSBAND filed Complaint in Divorce in Dauphin County, Pennsylvania, which was subsequently transferred to County, Pennsylvania, docketed to No. 05-1793, claiming that the marriage is broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby ess their agreement that the marriage is irretrievably broken and express their intent to execute and all Affidavits or other documents necessary for the parties to obtain an absolute divorce to Section 3301(c) of the Divorce Code. However, it is agreed that the parties shall not said Affidavits to obtain the divorce until one (1) year from the effective date of this or until WIFE obtains health insurance or has health insurance available to her through employment, whichever is sooner. The parties hereby waive all rights to request court ordered under the Divorce Code. It is further specifically understood and agreed by the parties the provisions of this Agreement as to equitable distribution of property of the parties are meted by each party as a full and final settlement for all purposes whatsoever, as contemplated by Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or other state, country or jurisdiction, each of the parties hereby consents and agrees that this -eement and all of its covenants shall not be affected in any way by such separation or divorce; and nothing in any such decree, judgment, order or further modification or revision thereof shall alter, .nd or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree entered by any court of competent jurisdiction in any divorce proceedings that have been may be instituted by the parties for the purpose of enforcing the contractual obligations of the ties. This agreement shall not be merged in any such decree but shall in all respects survive the and be forever binding and conclusive upon the parties. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of or "execution date," defined as the date upon which it is executed by the parties if they each executed this Agreement on the same date. Otherwise, the "date of execution" or date" of this Agreement shall be defined as the date of execution by the party last this Agreement. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided herein, shall only take place on the "distribution" date which shall be defined as the date of of this Agreement unless otherwise specified herein. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, quit-claim and forever discharge the other and the estate of such other, for all time to come, for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or the property (including income and gain from property hereafter accruing) of the other or the estate of such other, of whatever nature and wheresoever situated, which he or she now or at any time hereafter may have against the other, the estate of such other or any part hereof, tether arising out of any former acts, contracts, engagements or liabilities of such other or by way dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, exemption or similar allowance, or under the intestate laws, or the right to take against the 's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE give each other by the execution of this Agreement a full, complete and general release with pect to any and all property of any kind or nature, real, personal or mixed, which the other now ns or may hereafter acquire, except and only except all rights and agreements and obligations of atsoever nature arising or which may arise under this Agreement or for the breach of any provision reof. It is further agreed that this Agreement shall be and constitute a full and final resolution of y and all claims which each of the parties may have against the other for equitable division of alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: WIFE is represented by Theresa Barrett Esquire, and WIFE acknowledges that she has signed this Agreement freely and voluntarily fidl consultation with her counsel. HUSBAND is represented by Bradley A. Winnick, Esquire, HUSBAND acknowledges that he has signed this Agreement freely and voluntarily after full with his counsel. The parties acknowledge that this Agreement is not the result of any duress, undue influence, ,, collusion and/or improper or illegal agreement. The parties further acknowledge that they each made to the other a full and complete disclosure of their respective assets, estate, liabilities, sources of income and that they waive any specific enumeration thereof for the purposes of this 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that have not heretofore incurred or contracted for any debt or liability or obligation for which the of the other party may be responsible or liable except as may be provided for in this Agreement. Each parry agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE Covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the ther may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: It is the intention of the parties to divide between them, their mutual satisfaction, the personal effects, household furniture and furnishings, and all other icles of personal property which have heretofore been used by them in common. Likewise, it is intention of the parties that each shall retain possession of any item owned by them prior to the rrriage. However, as WIFE has been in sole possession of the martial residence since proximately January 3, 2005, HUSBAND does not know what specific property WIFE intends to tain as her own upon her vacating said residence. Therefore, it is agreed that HUSBAND, within ie (1) week of regaining possession of the marital residence, shall make any claim to any item or ;ms or marital personal property or his pre-marital personal property in writing to WIFE's attorney. By these presents, each of the parties hereby specifically waives, releases, renounces and rever abandons whatever claims he or she may have with respect to any personal property which in the possession of the other, and which shall become the sole and separate property of the other, ie (1) week following the effective date of this Agreement. 12. DIVISION OF REAL PROPERTY: HUSBAND owns the marital residence situate 5227 Crestwood Drive, Harrisburg, Dauphin County, Pennsylvania. It is agreed that HUSBAND all retain exclusive possession and ownership of said residence and WIFE hereby waives any claim interest she may have in this property. HUSBAND shall maintain sole financial responsibility for yment of the home equity loan, real estate taxes, homeowner's insurance and any and all other expenses related to the maintenance of said residence. WIFE shall vacate the marital residence and surrender exclusive possession thereof to HUSBAND by 6:00 p.m. on April 30, 2005. 13. BANK ACCOUNTS: The parties have not held any bank accounts in joint names during their marriage. The parties hereby agree that each shall become sole owner of their respective and they each hereby waive any interest in, or claim to, any funds held by the other in his her individual accounts. 14. PENSIONS ANNUITIES AND/OR RETIREMENT BENEFITS: HUSBAND the owner of a deferred compensation plan and a pension through his employment with Dauphin WIFE is the owner of a pension through her employment with Dauphin County and a on through her former employment with the Commonwealth of Pennsylvania. Each party shall r sole and exclusive ownership of any and all retirement plans held in their individual names, and parties hereby waive any right, title or interest they may have in any retirement or pension plan ,d by the other party, including any increase in value thereof during the marriage. 15. MOTOR VEHICLES: WIFE shall retain exclusive possession of the 2001 Chrysler firing currently leased in her name. WIFE shall remain solely responsible for any and all payments said vehicle, and shall indemnify HUSBAND against any liability resulting from her failure to make r and timely payments thereupon. HUSBAND shall retain exclusive ownership and possession of the 2003 Infiniti currently in his name. HUSBAND shall remain solely responsible for any and all payments on said and shall indemnify WIFE against any liability resulting from his failure to make proper and payments thereupon. 16. AFTER-ACOUIRED PROPERTY: Each of the parties shall hereafter own and joy, independently of any claim or right of the other, all items of property, be they real, personal mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him her to dispose of the same as fully and effectively, in all respects and for all purposes as though he she were unmarried. 17. HEALTH INSURANCE: HUSBAND has provided health insurance coverage to (WIFE through his employment. HUSBAND hereby agrees to maintain said health insurance coverage for WIFE until such time as she obtains her own health insurance, but in no event later than one (1) year from the effective date of this Agreement. Should, during the period of said coverage of WIFE by HUSBAND, a change in the insurance plan afforded HUSBAND be implemented whereby he incurs a cost to maintain coverage for WIFE, it is agreed HUSBAND shall provide WIFE the opportunity to continue said coverage at her own cost or to terminate the coverage. Each parry shall remain solely responsible for their own unreimbursed medical expenses. 18. MARITAL DEBT: The parties have not incurred any debt in their joint names. It agreed that each party shall assume full responsibility for any and all debt in their individual names id shall indemnify and hold the other harmless against any liability resulting from their failure to pay tv such debt. 19. CASH PAYMENT: In consideration of the mutual covenants made herein, it is agreed that HUSBAND shall pay to WIFE the lump sum of $22,000.00. A check for $2,000.00 shall be delivered to counsel for WIFE contemporaneously with HUSBAND's executed Marital Settlement Agreement. The balance of the payment due under this paragraph shall be delivered to counsel for WIFE within forty-eight (48) hours of the effective date of this Agreement. 20. W AMR OF ALIMONY: Except as otherwise provided herein, HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties fiuther acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. 21. INCOME TAX: HUSBAND and WIFE Sled separate Federal and State tax returns ig with the tax year 2004, and agree that they shall continue to do so for as long as they may lain marred. Both parties agree that in the event any deficiency in Federal, State or Local income is proposed, or any assessment of any such tax is made against either of them, each will indemnify 1 hold harmless the other from and against any loss or liability for any such tax deficiency or assment and any interest, penalty and expense incurred in connection therewith. Likewise, each ty shall be entitled to solely retain any Federal, State or Local tax refund received as the result of it individual return. 22. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties reby agree and express their intent that any transfer of property pursuant to this Agreement shall within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Ad"), the provisions of said Act pertaining to the transfers of property between spouses and spouses. The parties agree to sign and cause to be filed any elections or other documents by the Internal Revenue Service to render the Act applicable to the transfers set forth in this without recognition of gain on such transfer and subject to the carry-over basis provisions said Act. 23. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise provided herein, this Agreement shall continue in full force and effect after such time as final Decree in Divorce may be entered with respect to the parties. 24. BREACH: If either party breaches any provision of this Agreement, the other party have the right, at his or her election to sue for damages for such breach or seek such other or relief as may be available to him or her, and the parry breaching this contract shall be for payment of reasonable legal fees and costs incurred by the other in enforcing their under this Agreement. 25. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any )jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take m intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and (deliver any and all instruments which may be necessary or advisable to carry into effect this mutual and relinquishment of such interests, rights and claims. 26. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the and there are no representations, warranties, covenants or undertakings other than those ly set forth herein. 27. AGREEMENT BINDING ON HEHiS: This Agreement shall be binding on and inure to the benefits of the parties hereto and their respective heirs, executors, administrators, and assigns. 28. DMON i INTR TMTN Each of the parties shall from time to time, at request of the other, execute, acknowledge and deliver to the other any and all further instruments may be reasonably required to give full force and effect to the provisions of this Agreement. 29. VOID CLAUSES: If any term, condition, clause or provision of this Agreement be determined or declared to be void or invalid in law or otherwise, then only that term, clause or provision shall be stricken from this Agreement and in all other respects this shall be valid and continue in full force, effect and operation. 30. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and by and between the parties hereto that each paragraph hereof shall be deemed to be separate independent Agreement. t, 31. FINANCIAL DISCLOSURE,: The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. It is further acknowledged that an enumeration of the various assets of the parties has not been appended to this Agreement. It is agreed that each party waives such an enumeration, that the provisions of this Agreement shall remain binding upon the parties and that each party waives the right to at any time claim that any particular asset was undisclosed. 32. MODIFICATION AND WAIVER: A modification or waiver of any of the visions of this Agreement shall be effective only if made in writing and executed with the same nality as this Agreement. The failure of either party to insist upon strict performance of any of provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the or similar nature. 33. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for only. They shall have no affect whatsoever in determining the rights or obligations of parties. 34. APPLICABLE LAW: This Agreement shall be construed under the laws of the of Pennsylvania and more specifically under the Divorce Code of 1980 and any thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and first above written. (SEAL) AL SH T7r (SEAL) GEORG F.SHULTZ COMMONWEALTH OF PENNSYLVANIA OF t?elc SP1A l /Q SS. On this, 71,?? day of T<\L 2005, before me a Notary Public, personally d Rita Frealing-Shultz, known to me to be the person whose name is subscribed to the within Settlement Agreement and acknowledged that she executed the same for the purposes therein IN WITNESS WHEREOF, I hereunto set my hand and official seat. COMMONWEALTH OF PENNSYLVANIA COUNTY OF 0Q1f 17 r' SS. On this, the26 day of 2005, Pabfic, personally appeared George F. Shultz, known to me to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ad official seal. JAMES M. 2UGAY, ESQ. fy DAUPHIN COU" RECORDER OF D%-DS? THE PIRST MONDAYN O.r UARY 2108 n ^' c? ? C7 L'l .?i i.L ?? ' ... ? , - i - i :: G> ?' Ci 4 w, Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233,3220 tbm@tbmesquire.com Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE SHULTZ Plaintiff V. NO. 05-1793 Civil Term RITA FREALINGSHULTZ Defendant CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on January 14, 2005. 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 of divorce after service of notice of intention to request entry of the decree. 01 or, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: t -1 Fhta Frealing-Shut 2 -, =?, ?? ?. i Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@ttbmesquire.com Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE SHULTZ Plaintiff V. NO. 05-1793 Civil Term RITA FREALINGSHULTZ Defendant CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. A? A. Rita realingSh 1 Date: 2 I GEORGE SHULTZ, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-1793 CIVIL TERM RITA FREALING-SHULTZ, Defendant, CIVIL ACTION -DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on January 14, 2005. 2. The marriage of 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 the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date George . Shultz Plaintiff N d C ? T C p cr ? T r,T' •...- - {'ffti , V., J -rj C7 G° I, GEORGE SHULTZ, Plaintiff, V. RITA FREALING-SHULTZ, Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-1793 CIVIL TERM CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date G ltz Plaintiff t? c ,,. -b ; ?., ?, ?_ _, F C ^ , .?'- E`'? `17 : --C; ..- .C .1 GEORGE SHULTZ, Plaintiff, V. RITA FREALING-SHULTZ, Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-1793 CIVIL TERM CIVIL ACTION - DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: The Defendant Accepted Service of the Complaint on January 17, 2005, said Acceptance of Service was filed with this Honorable Court on January 24, 2005. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff. August 29, 2006 ; By Defendant: July 7, 2006. (b) (1) Date of execution of the Affidavit required by Section 3 301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: N/A. 4. Related claims pending: All related claims were settled by a Marital Settlement Agreement dated April 29, 2005 and filed with the Court on May 3, 2005. Z Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff s Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: September 6, 2006; Date Defendant's Waiver ofNotice in Section 3301(c) Divorce was filed with the Prothonotary: July 31, 2006. Respectfully Submitted: Date: ? f3 ?? (p ??? By: Bradley . innick, Esquire Supre e 96urt I.D. 478413 130 W?sf Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9666 (Attorney for Plaintiff) cN°3 a -ice tr, - cn fTt M,11 r_ IN THE COURT OF COMMON PLEAS GEORGE SHUL OF CUMBERLAND COUNTY STATE OF PENNA. Plaintiff VERSUS NO. 2005-1793 CIVIL TERM DECREE IN DIVORCE AND NOW, 4Y) ,dn06 IT IS ORDERED AND DECREED THAT GEORGE SHULTZ AND RITA FREALING-SHULTZ , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms and provisions of the Marital Settlement Agreement signed by the parties and dated April 29, 2005 are here corpora but not merged in the Decree of Divorce and remain binding O ATTEST: J PROTHONOTARY ?, ,,? °?"?6? ' b a` +?;, . , °??? ? t??'S ???{1? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ?L PENNSYLVANIA l Ti° ?/YX _ ?Y] ? Plaintiff Vs File No. r-7 473 X i IN DIVORCE 9),r) fit, a L I A Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or ? after the entry of a Final Decree in Divorce dated ?'Z q' , hereby elects to resume the prior surname of kfa, Lg=g , and gives this written notice avowing his / her intention pursuan o he pr i s of 54 ;yS. 704. Date: A?71YP / '?CA' A " I- P'i Si ture of name being resume COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF 0j)WaerfWd ) On the 180 day of ribrm ry 12001, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. 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