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HomeMy WebLinkAbout05-5197IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW SANDRA J. SCHMID, Plaintiff V. G. NICOLAS SCHMID, JR., Defendant No. o 519 7 IN DIVORCE/CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED I7V 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-8oo-99o-9io8 AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN IA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corte. Una decisi6n tambien ser emitida en su contra por cualquier otra queja o compensaci6n reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lists de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTE SEA EMITIDO, LISTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE 1J"AR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A IA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-8oo-99o-91o8 AMERICANS WTI'H DISABILITIES ACT OF 1ooo The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 199o. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled Conference or Hearing. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-8oo-99o-91o8 Maryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SANDRA J. SCHMID, Plaintiff V. G. NICOLAS SCHMID, JR., Defendant QS -5l%? No. IN DIVORCE/CUSTODY COUNTI COMPLAINT UNDER SECTION ??ol(c) and avoi(d) OF THE DIVORCE CODE AND NOW comes SANDRA J. SCHMID, by and through her attorney, Maryann Murphy, Esquire, who respectfully avers as follows: 1. Plaintiff /Wife is SANDRA J. SCHMID who resides at 2o6 Cherokee Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050- 2. Defendant/Husband is G. NICOLAS SCHMID, JR. who resides at 124 West Portland Street, Apartment #14, Mechanicsburg, Cumberland County, Pennsylvania 17o55• 3. Husband and Wife have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint 4. Husband and Wife were married on October 1o, 1998 in Dauphin County, Pennsylvania. 5. There have been no prior actions for divorce or for annulment between Husband and Wife. 6. Husband is not a member of the Armed Forces of the United States of America or any of its Allies. 7. The marriage is irretrievably broken. 8. Wife has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Wife does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being handed down by the Court. 9. Wife requests this Court to enter a Decree in Divorce from the bonds of matrimony. COUNT II CUSTODY 10. Wife hereby incorporates by reference all of the averments contained in Count I of this Complaint. 11. Husband and Wife are the biological parents of Matthew Emil Schmid, born May 3, 1999 and Andrew Dylan Schmid, born April 9, 2002. 12. Matthew and Andrew currently reside with Husband and Wife on a shared parenting schedule. 13. Matthew and Andrew resided with both parents at 124 West Portland Street, Apartment #14, Mechanicsburg, Cumberland County, Pennsylvania until their parents separated in March of 2004. Since then, the parents have shared parenting of their sons. 14. Wife has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of Matthew and Andrew in this or any other Court, except as set forth above. 15. Wife has no information of a custody proceeding concerning Matthew and Andrew pending in a Court of this Commonwealth or any other Court. 16. Wife does not know of a person not a party to the proceedings who has physical custody of Matthew and Andrew, or claims to have custody or visitation rights with respect to Matthew and Andrew. 17. Each parents whose parental rights to Matthew and Andrew have not been terminated, and the persons who have physical custody of Matthew and Andrew have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of Matthew and Andrew and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 18. The best interest and permanent welfare of Matthew and Andrew will be served by granting shared legal custody and shared physical custody to the parents. WHEREFORE, Plaintiff/Wife requests this Honorable Court to enter a Decree dissolving the marriage between the Plaintiff/Wife and the Defendant/Husband, and granting them shared legal and physical custody of Matthew and Andrew. Respectfully submitted, Maryann rphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 I.D. # 61900 Attorney for Plaintiff/Wife AFFIDAVFr I, SANDRA J. SCHMID, verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ?? b3 vS G?c,?- ;?Q Date SANDRAJ.'SCHMID (E? '1V o G w s ,d Q .? X3 0 0 0 c 16 U O ?n T f -n U y' cn N children for Father's Day from 6:0o p.m. the Saturday before the holiday until 6:0o p.m. on Father's Day. e. In 2005 and in all odd years thereafter, FATHER shall have the children for Memorial Day and Labor Day and MOTHER shall have the children for the Fourth of July and Halloween for Trick-or-Treat. In 2006 and in all even years thereafter, MOTHER shall have the children for Memorial Day and Labor Day and FATHER shall have the children for the Fourth of July and Halloween for Trick-or-Treat. The hours for the above holidays shall be from io:oo a.m. until 6:0o p.m. f. The holiday schedule shall take precedence over the regular custody schedule. 5. Vacation - The parents agree that each shall have the children for two (2) uninterrupted nonconsecutive weeks of vacation each year. A week shall be defined as seven (7) days. MOTHER and FATHER shall give each other as much notice as possible of their chosen week(s) for vacation. In the event both parents choose the same week(s), the parent who gives first notice shall prevail. 6. MOTHER and FATHER agree that this custody schedule can be altered or modified by their mutual agreement. 7. The parents agree to permit and support the children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parents with the routine schedule resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. Each parent must confer with the other parent before {? ha - CJ -? - a , ' co C children for Father's Day from 6: oo p.m. the Saturday before the holiday until 6:0o p.m. on Father's Day. e. In 2005 and in all odd years thereafter, FATHER shall have the children for Memorial Day and Labor Day and MOTHER shall have the children for the Fourth of July and Halloween for Trick-or-Treat. In 2006 and in all even years thereafter, MOTHER shall have the children for Memorial Day and Labor Day and FATHER shall have the children for the Fourth of July and Halloween for Trick-or-Treat. The hours for the above holidays shall be from io:oo a.m. until 6:0o p.m. f. The holiday schedule shall take precedence over the regular custody schedule. 5- Vacation - The parents agree that each shall have the children for two (2) uninterrupted nonconsecutive weeks of vacation each year. A week shall be defined as seven (7) days. MOTHER and FATHER shall give each other as much notice as possible of their chosen week(s) for vacation. In the event both parents choose the same week(s), the parent who gives first notice shall prevail. 6. MOTHER and FATHER agree that this custody schedule can be altered or modified by their mutual agreement. 7. The parents agree to permit and support the children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parents with the routine schedule resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for the children which might interfere with the regular schedule. 8. In the event one of the parents dies, MOTHER and FATHER agree that the other parent shall ensure that the children have continued contact with the deceased parent's family. 9. The parents agree that during any period of custody, they shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication. The parents shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. lo. The parents agree that each shall be entitled to reasonable telephone contact with the children when in the custody of the other parent. 11. The parents agree that neither shall permanently relocate if the relocations would necessitate a change in the regular schedule or if the relocation would result in a change of school for the children or exceed a twenty (20) mile radius without a minimum notice of ninety (90) days to the other parent. The ninety (90) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements, either between themselves or within the Collaborative Law Process. If it is not possible to amicably resolve this issue, the ninety (90) day notice will give the parents an opportunity to have the matter listed for a Court hearing. For the children's welfare, neither parent should consider moving very far from the other until the children have reached adulthood. 12. Both parents agree to establish a no-conflict zone for their children and refrain from making derogatory comments about the other parent in the presence of the children and, to the extent possible, shall not permit third parties from making such comments in the presence of the children. Each parent shall speak respectfully of the other. The parents agree that communication should always take place directly between the parents, without using the children as intermediaries. 13. In the event one of the parents dies, MOTHER and FATHER agree that the surviving parent shall ensure that the children have continued contact with the deceased parent's family members. These family members shall comply with the "no-conflict zone" agreement for the well-being of the children. 14. MOTHER and FATHER agree that the children shall continue to have the surname of Schmid throughout their minority. 15. The parents agree that this Stipulation shall be submitted to the Court of Common Pleas of Cumberland County, Pennsylvania, for approval and for entry of an Order awarding custody as set forth herein. 16. The parents hereby request that this Honorable Court enter such an Order which shall replace and supercede any and all prior Orders and shall remain in full force and effect pending further Order of Court. EV W 7NESS WHEREOF, the parties have executed this Stipulation for Entry of a Custody Order on the date indicated below. Dq a? os? ' *04, Date Witnes, ANDRA J. SCHMID v. Date Witne G. NICOLAS SC MID, JR. C.T7 CD C11 -? / /" ?fi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SANDRA J. SCHMID, Plaintiff V. G. NICOLAS SCHMID, JR., Defendant : No. ? -- 1 : IN DIVORCE/CUSTODY STIPULATION FOR ENTRY OF CUSTODY ORDER SANDRA J. SCHMID (hereinafter referred to as "MOTHER"), and G. NICOLAS SCHMID JR (hereinafter referred to as "FATHER"), having used the Collaborative Law Process to amicably settle and resolve the matter of custody with respect to MATTHEW EMIL SCHMID, born May 3, 1999, and ANDREW DYLAN SCHMID, born April 9, 2002, the minor children involved in this action, hereby stipulate and agree to the entry of an Order of Court awarding custody of MATTHEW and ANDREW as follows: 1. The parents agree to share joint legal custody of MATTHEW and ANDREW. The parents agree that major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following an harmonious policy in the children's best interest. Each parent agrees not to impair the other parent's rights to shared legal custody of the children. Each parent agrees not to attempt to alienate the affections of the children from the other parent. Each parent shall notify the other of any activity or circumstance concerning his or her children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. Section 53og, each parent shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either of them as a parent as authorized by statute. 2. The parents agree that they shall share physical custody of the minor children. MOTHER shall have the children every Tuesday, Wednesday and Thursday and alternate Fridays and Sundays. FATHER shall have the children every Monday and Saturday and alternate Fridays and Sundays. This schedule can be altered or modified by the parents' mutual agreement in the best interests of MATTHEW and ANDREW. 3. MOTHER and FATHER agree that the parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their children, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the children's schools, Saturday before the holiday until 6:oo p.m. on Mother's Day; and FATHER shall have the h? Q _ C"3 T-r Fri Cl OD :Z7 a Maryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 RECEIVED OCT 0 7 200 J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SANDRA J. SCHMID, Plaintiff 5 5 i '? '( No. V. G. NICOLAS SCHMID, JR., Defendant IN DIVORCE/CUSTODY ,L ORDER OF COURT AND NOW, this L u day of 2005, upon consideration of the attached Stipulation for Entry of Custody Order, IT IS HEREBY ORDERED AND that custody of MATTHEW EMIL SCHMID, born May 3, 1999 and ANDREW DYLAN SCHMID, born April 9, 2oo2, shall be as follows: 1. The parents shall share joint legal custody of MATTHEW and ANDREW. Major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view toward obtaining and following an harmonious policy in the children's best interest. Neither parent shall impair the other parent's rights to shared legal custody of the children. Neither parent shall attempt to alienate the affections of the children from the other parent. Each parent shall notify the other of any activity or circumstance concerning his or her children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. Section 53og, each parent shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either of them as a parent as authorized by statute. 2. The parents shall share physical custody of the minor children. MOTHER shall have the children every Tuesday, Wednesday and Thursday and alternate Fridays and Sundays. FATHER shall have the children every Monday and Saturday and alternate Fridays and Sundays. This schedule can be altered or modified by the parents' mutual agreement in the best interests of 11IATMEW and ANDREW. 3. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their children, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the children's schools, physicians, psychologists, or other individuals concerning their progress and welfare. 4. Holidays - The parents shall share the holidays on the following schedule: a. Thanksgiving - In 2005 and in all odd years thereafter, MOTHER shall have the children from 6:00 p.m. the Wednesday before Thanksgiving until noon on Thanksgiving Day and FATHER shall have the children from noon until 6:0o p.m. on Thanksgiving Day. In 2006 and in all even years thereafter, FATHER shall have the children from 6:0o p.m. the Wednesday before Thanksgiving until noon on Thanksgiving Day and MOTHER shall have the children from noon until 6:0o p.m. on Thanksgiving Day. b. Christmas - In 2005 and in al odd years thereafter, FATHER shall have the children from It:oo a.m. on Christmas Eve until ii:oo a.m. on Christmas Day and MOTHER shall have the children from ii:oo a.m. on Christmas Day until it:oo a.m. on December 261i. In 2006 and in all even years thereafter, MOTHER shall have the children from ii:oo a.m. on Christmas Eve until u:oo a.m. on Christmas Day and FATHER shall have the children from ii:oo a.m. on Christmas Day until ii:oo a.m. on December 261. c. Easter - In 2005 and in all odd years thereafter, FATHER shall have the children from 6:0o p.m. the Saturday before Easter until ii:oo a.m. on Easter Sunday and MOTHER shall have the children from ii:oo a.m. until 6:0o p.m. on Easter Sunday. In 2oo6 and in all even years thereafter, MOTHER shall have the children from 6:0o p.m. the Saturday before Easter until ii: oo a.m. on Easter Sunday and FATHER shall have the children from ii:oo a.m. until 6:0o p.m. on Easter Sunday. d. MOTHER shall have the children for Mother's Day from 6:0o p.m. the Saturday before the holiday until 6:0o p.m. on Mother's Day; and FATHER shall have the children for Father's Day from 6:0o p.m. the Saturdaybeforethe holiday until6:oo p.m. on Father's Day. g. In 2005 and in all odd years thereafter, FATHER shall have the children for Memorial Day and Labor Day and MOTHER shall have the children for the Fourth of July and Halloween for Trick-or-Treat. In 2006 and in all even years thereafter, MOTHER shall have the children for Memorial Day and Labor Day and FATHER shall have the children for the Fourth of July and Halloween for Trick-or-Treat. The hours for the above holidays shall be from io:oo a.m. until 6:0o p.m. h. The holiday schedule shall take precedence over the regular custody schedule. 5. Vacation - The parents shall each have the children for two (2) uninterrupted nonconsecutive weeks of vacation each year. A week shall be defined as seven (7) days. MOTHER and FATHER shall give each other as much notice as possible of their chosen week(s) for vacation. In the event both parents choose the same week(s), the parent who gives first notice shall prevail. 6. This custody schedule can be altered or modified by mutual agreement of the parents. 7. The parents shall permit and support the children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parents with the routine schedule resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for the children which might interfere with the regular schedule. 8. In the event one of the parents dies, the other parent shall ensure that the children have continued contact with the deceased parent's family. q. During any period of custody, the parents shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication. The parents shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 10. The parents shall each be entitled to reasonable telephone contact with the children when in the custody of the other parent. ii. Neither parent shall permanently relocate if the relocations would necessitate a change in the regular schedule or if the relocation would result in a change of school for the children or exceed a twenty (20) mile radius without a minimum notice of ninety (go) days to the other parent. The ninety (go) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements, either between themselves or within the Collaborative Law Process. If it is not possible to amicably resolve this issue, the ninety (go) day notice will give the parents an opportunity to have the matter listed for a Court hearing. For the children's welfare, neither parent should consider moving very far from the other until the children have reached adulthood. 12. Both parents shall establish a no-conflict zone for their children and refrain from making derogatory comments about the other parent in the presence of the children and, to the extent possible, shall not permit third parties from making such comments in the presence of the children. Each parent shall speak respectfully of the other. Communication should always take place directly between the parents, without using the children as intermediaries. 13. In the event one of the parents dies, the surviving parent shall ensure that the children have continued contact with the deceased parent's family members. These family members shall comply with the "no-conflict zone" agreement for the well-being of the children. 14. The children shall continue to have the surname of Schmid throughout their minority. 15. This Order shall replace and supersede any and all prior Custody Orders and shall remain in full force and effect pending further Order of Court. BY THE COURT: J. Distribution: /r Plaintiff. Maryann Murphy, Esquire for Defendant: Nora F. Blair, Esquire J 8 1:O'. '.j I I J"0 h0JZ I IN THE COURT OF COMMON PLEAS OF CUMBERIAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SANDRA J. SCHMID, Plaintiff :No. 05-5197 Civil Term V. IN DIVORCE/CUSTODY G. NICOLAS SCHMID, JR., Defendant AFFIDAVIT OF SERVICE I, Maryann Murphy, Esquire, depose and say: 1. That I am an adult individual residing in Cumberland County, Pennsylvania. 2. That on October 5, 2005, I personally served the Complaint in Divorce upon Defendant's attorney, Nora F. Blair, Esquire, at the following address: 5440 Jonestown Road Harrisburg, PA 17112 3. That Defendant's attorney, Nora F. Blair, Esquire, accepted service of the Complaint in Divorce on behalf of Defendant and signed an Acceptance of Service dated October 5, 2005. The Acceptance of Service is attached hereto. yob to _/ Y Maryann urphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 I.D. # 619oo Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SANDRA J. SCHMID, Plaintiff :No. O5- 5 i g q V. G. NICOLAS SCHMID, JR., Defendant : IN DIVORCE/CUSTODY ACCEPTANCE OF SERVICE I, Nora F. Blair, Esquire, counsel for G. Nicolas Schmid, Jr. in the above-captioned case, do hereby depose and say that, on behalf of and on the authorization of G. Nicolas Schmid, Jr., I personally received and accepted service of a true and correct copy of the Complaint in Divorce on the date written below. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsif::if Q .? bJ Date p ?q w C" f':'r F flyt " = ?- ":_ y n W ? ,y "L7 4' . ?^-? .. r y P. j ? ) '?'i ? ?m : ?; -? ?. ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'T'Y, PENNSYLVANIA CIVIL ACTION - LAW SANDRA J. SCHMID, Plaintiff V. : No. 05-5197 Civil Term : IN DIVORCE/CUSTODY G. NICOLAS SCHMID, JR., Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 4, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (9o) 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 herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. At&o Date G. NICOLAS SCHM D, JR. Tr- fir? t*J -` S -- r - l t n ` cn ?v C-t y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SANDRA J. SCHMID, Plaintiff V. G. NICOLAS SCHMID, JR., Defendant No. 05-5197 Civil Term IN DIVORCE/CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE i. 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 herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I q WL02 Date G. NICOLAS SCH ID, JR. ?-.' =; ,-n ??=- ?.rt, `_?.? ?'a?f- - ti.?c? _. } ;? ?., '?G. ?,_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SANDRA J. SCHMID, Plaintiff No. 05-5197 Civil Term V. G. NICOLAS SCHMID, JR., Defendant : IN DIVORCE/CUSTODY 1. A Complaint in Divorce under Section 33oi(c) of the Divorce Code was filed on October 4, 2005. 2. The marriage of Plaintiff and Defendant is irretrievablybroken, and ninety (9o) 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 herein are made subject to the penalties of 18 Pa.C.S. Section 49o4 relating to unworn falsification to authorities. J46ft aa, Owe Date ',yr'i? J. bCHMID {-' N ?i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SANDRA J. SCHMID, Plaintiff : No. 05-5197 Civil Term 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 herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. at4?0 aJ, 0100s' ° Ju.D. Date SANDRA J. SCHMID - ELI 1. C 3 --a 71,E - b . s / 11 -7 &ze 7-,,., MARITAL SETTLEMENT AGREMENT THIS AGREEMENT, made this ?V day of 2008 by and between SANDRA J. SCHMID of Cumberland County, Pennsylvania (hereinafter referred to as SANDRA), and G. NICOLAS SCHMID, JR. of Cumberland County, Pennsylvania (hereinafter referred to as NICK), WHEREAS, SANDRA and NICK were lawfully married on October 10, 1998 in Dauphin County, Pennsylvania; and WHEREAS, two (2) children were born of this marriage, namely: IrATTHZV E. SCHMID, born May 3, 1999; and ANDREW D. SCHMID, born April 9, 2002; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of SANDRA and NICK to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to past, present and future support and alimony; the settling of all matters between them relating the parties' minor children including parenting and maintenance; and in general, the 1 settling of any and all claims by one against the other or against their respective estates. WAS, SANDRA and NICK entered into a Collaborative Law Participation Agreement dated January 21, 2006, and have used the Collaborative Law Process in negotiating this Agreement. NOW, TE1DRE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, SANDRA and NICK, each intending to be legally bound, hereby covenant and agree as follows: 1. Separation: It shall be *lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. Interference: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Nothing in this paragraph shall prevent SANDRA and NICK from having contact by their mutual agreement. 2 3. Subsequent Divorce: The parties acknowledge that SANDRA filed a Complaint in Divorce on October 4, 2005 in Cumberland County, Pennsylvania, docketed to number 05-5197 Civil Term, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby waive all rights to request Court-ordered counseling under the Divorce Code. It is specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is specifically agreed that a copy of this Agreement, or the substance of the provisions thereof, may be incorporated by reference, but not merged, into any divorce, 3 judgment or decree. 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. Subsequent Reconciliation: The parties agree that the terms of this Agreement shall not be affected in any way by their subsequent cohabitation or resumption of marital relations, unless the parties otherwise specifically agree in writing. 5. Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the day upon which it is executed by the parties if they have each executed the agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6: Distribution Date: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date" which shall be defined as specified herein. 7. Mutual Release: SANDRA and NICK each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against 4 the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, agreements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising 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, property division, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and obligation of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of SANDRA and NICK to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may 5 hereafter acquire, except and only except all right and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. Advice of Counsel: The provisions of this Agreement and their legal effect have been fully explained to SANDRA by her attorney, MARYANN MURPHY, ESQUIRE, and to NICK by his attorney, NORA F. BLAIR, ESQUIRE. SANDRA and NICK acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that, pursuant to their Collaborative Law Participation Agreement, they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement 9. Warranty as to Existing Obligations: Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for 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 obligation arising out of this Agreement. 10. Existing Debts: SANDRA and NICK acknowledge that there are no outstanding marital debts and there are no joint debts. SANDRA agrees to be solely and exclusively responsible for all debts in her individual name. She further agrees to indemnify NICK and hold him harmless from any and all liability for same. NICK agrees to be solely and exclusively responsible for all debts in his individual name. He further agrees to indemnify SANDRA and hold her harmless from any and all liability for same. 11. Warranty as to Future Obligations: SANDRA and NICK each covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall 7 hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for 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. 12. Personal Property: SANDRA and NICK have agreed upon a mutually satisfactory division of their personal property. They agree that SANDRA shall have sole and exclusive ownership of the personal property currently in her possession, and the following items which were or are remaining at the marital residence: 1. the curio (SANDRA has); 2. the yellow bedspread with red flowers (SANDRA has); 3. half of the Christmas decorations (SANDRA has); 4. the gold framed mirror when NICK relocates or no longer wants it; 5. the diamond earring misplaced at the marital residence. If NICK cannot locate the diamond earring, he shall contact the insurance company and file a claim, if possible. In addition, SANDRA shall have sole and exclusive possession of Grossmama's bracelet, however, this bracelet shall be given to either MATTHEW or ANDREW when they are older as agreed upon by their parents with such agreement not being unreasonably withheld, so that the bracelet will remain in NICK's family. SANDRA and NICK agree that NICK shall have sole and exclusive ownership of the personal property currently in his possession except for the items designated to SANDRA herein. If NICK no longer wants the "Guma and Papa" lamp, he will give it back to SANDRA. 8 The parties agree that the above division of property is mutually acceptable to them, and neither wants to have this property appraised. Neither party shall make any claim to any such item of marital property, or of the separate personal property of either party, except as provided for in this Agreement. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. 13. Bank Accounts: The parties have had NICK's name removed from the joint Commerce Bank Account. There are no other joint accounts. SANDRA and NICK agree that SANDRA shall have sole and exclusive ownership of all bank accounts currently in her individual name, and that NICK shall have sole and exclusive ownership of all bank accounts currently in his individual name. 14. Pension/Retirement Benefits: The parties acknowledge that NICK has a 401(k) and a pension with Delta Dental. The 401(k) had a balance of $298.46 on April 10, 2006. The balance of the pension on December 31, 2005 was $9,427.26. SANDRA and NICK waive their respective rights to obtain current, updated values of NICK's 401(k) and pension to determine the marital portion which would be subject to equitable distribution. 9 SANDRA and NICK agree that NICK shall become the sole and exclusive owner of his 401(k) and his pension. Both parties agree to execute, upon request, any and all documents necessary to effectuate the terms of this agreement. The parties acknowledge that SANDRA has no retirement benefits. 15. Motor Vehicles: The parties agree that SANDRA shall become the sole and exclusive owner of her 1996 Volkswagen Jetta titled in her individual name. There is no encumbrance on this vehicle. The parties acknowledge that NICK owned a 1994 Volkswagen Golf, titled in his individual name, at the time of separation. SANDRA and NICK further acknowledge that NICK traded-in the 1994 Volkswagen Golf and leased a new vehicle in his individual name in January of 2008. The parties agree that the trade-in value of the 1994 Volkswagen Golf shall belong solely to NICK. NICK agrees that he shall be solely and exclusively responsible for the balance of the loan, in his individual name, for his new vehicle, and he further agrees to indemnify SANDRA and hold her harmless from any and all liability for same. 16. Life Insurance Policy: SANDRA and NICK agree that NICK shall become the sole and exclusive owner of his life insurance 10 policy. The parties waive their respective rights to obtain the cash value of this policy. 17. Waiver of Beneficiary Designations: Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme. By the terms of this Agreement, the parties specifically waive the rights of spouse beneficiaries established by federal or state statute including ERISA. By the terms of this Agreement, each party expressly states that it is his or her intention to revoke any beneficiary designations naming the other party which are in effect as of the date of execution of this Agreement. If the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. Not withstanding the foregoing, however, in the event that either party hereto specifically designates the other party as a beneficiary after 11 the date of execution of this Agreement, then this waiver provision shall not bar that party from qualifying as such beneficiary. 18. After Acquired Personal Property: Each of the parties shall hereafter own and enjoy, independently of any claims or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 19. Applicability of Tax Law to Property Transfers- The parties hereby agree and express their intent that any transfers of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (herein the "Act"), specifically, the provisions of said Act pertaining to transfers of property between spouses or former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 20. Alimoay: Upon the entry of the Decree in Divorce, and until ANDREW reaches the age of eighteen (18) years and graduates from high school, NICK shall pay to SANDRA the sum of one dollar 12 ($1.00) per year in alimony for her separate maintenance and support. NICK's obligation for alimony under this paragraph shall terminate in the event of the death of either party but shall not terminate upon SANDRA's cohabitation or remarriage. If and only if NICK obtains a Child Support Order for MATTHEW and/or ANDREW, NICK agrees that the amount of alimony paid to SANDRA shall be modified to three hundred dollars ($300.00) per month for forty-eight (48) months and shall terminate at the end of the forty-eight (48) months. Said payments shall be made in consideration of SANDRA's forbearance from seeking spousal support, APL and child support from NICK since the parties' separation and in consideration of the distribution of the marital property as set forth in this Marital Settlement Agreement. At SANDRA's election, implementation and enforcement of the alimony award shall be made through the Domestic Relations Office in the Court of Common Pleas of the appropriate jurisdiction. SANDRA and NICK agree that the entire amount being paid by NICK to SANDRA as alimony pursuant to this paragraph is intended to be included as income to SANDRA and deductible to NICK on their tax returns and shall terminate upon the death of either party or as set forth above. SANDRA and NICK agree that this alimony provision takes into account the parties' overall economic circumstances including the equitable distribution of property herein and shall not be subject 13 to modification by any Court. 21. Waiver of Legal Fees: Each party agrees to be solely responsible for her/his respective attorney's fees. 22. Bankruptcy or Reorganization Proceedings: In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement, shall constitute support and maintenance and shall not be discharged in bankruptcy. 14 23. income Tax Returns: SANDRA and NICK agree that they shall share the dependency exemptions for MATTHEW and ANDREW each year. SANDRA and NICK shall each claim one child as a dependent every year for so long as both children are able to be claimed as dependents. When only one child is able to be claimed as a dependent, SANDRA and NICK shall alternate the dependency exemption year by year. Unless otherwise agreed, for the tax year 2006 and in all even tax years thereafter, SANDRA shall claim ANDREW as a dependent and NICK shall claim MATTHEW. For the tax year 2007 and in all odd tax years thereafter, SANDRA shall claim MATTHEW as a dependent and NICK shall claim ANDREW. If there is a significant tax advantage for one parent to claim both children in any given year, the parents may mutually agree to cooperate with each other to maximize the benefit and minimize the liability for both of them. 24. Full Disclos=e: SANDRA and NICK each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever and of every type whatsoever in which such party has an interest, and of all other facts relating to the subject matter of this Agreement. 15 25. Maintenance for Matthew and Andrew: NICK agrees to continue to provide medical insurance coverage for MATTHEW and ANDREW for so long as it is available to him at a reasonable cost through his employer. NICK shall ensure that SANDRA has current medical cards for the children. The parents acknowledge that NICK has a child support obligation for MATTHEW and ANDREW. The parents further acknowledge that NICK has a Dependent Care Assistance Benefit Welfare Plan through his employer. This Plan reimburses the employee for a portion of the childcare expense on a quarterly basis. SANDRA and NICK agree that NICK shall continue to pay the childcare expe se cA as o? directly to the childcare p??A4k-) rovidersn an equest reimburs, en J ?S through the Plan. Amu-t, 4A j j-) ?Jkk? Based upon the parent's respective 2005 incomes and the 2005 childcare expenses for the children, NICK would owe SANDRA approximately $300.00 per month, or $3,600.00 per year, in addition to paying the childcare costs for MATTHEW and ANDREW. SANDRA agrees that she will not file for child support through the Domestic Relations Office and NICK agrees that he will cooperate with SANDRA in sharing the cost of the children's reasonable expenses, including but not limited to, clothing, extra curricular activities, school pictures, school lunches, co-pays for doctor's 16 visits, prescriptions, etc. NICK agrees to pay for all extraordinary expenses for MATTHEW and/or ANDREW, such as orthodontia, so long as the total monthly out-of-pocket cost for such expense less any insurance reimbursement plus the child care cost less employer reimbursement for the time period of the extraordinary expense is not in excess of the 2005 expenses for child care. If the extraordinary expenses are in excess of the 2005 out-of-pocket expenses for child care, SANDRA and NICK agree to equally share such excess. In the event either SANDRA or NICK wishes to modify the agreement herein and they are unable to resolve this matter between themselves, the parents agree to return to the Collaborative Law Process or seek mediation prior to initiating litigation. 26. Disclosure and Waiver of Procedural Rights: Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to. have the Court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a Court decision 17 concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Both parties waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code; b. The right to obtain an Income and Expense Statement of the other party as provided by the Pennsylvania Divorce Code; C. The right to have the Court. determine which property is marital and which is non-marital and equitably distribute between the parties that property which the Court determines to be marital; d. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite, counsel fees, costs and expenses. 27. Waiver or Modification to be is Wri.tsag: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 18 28. Mutual Cooperation: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 29. Applicable Lair: 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. 30. Agreement Binding on Heirs: This Agreement shall be binding and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 31. Integration: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 32. Other Documentation: SANDRA and NICK covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 19 33. No Waiver on Default: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provisions hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 34. Severability: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 35. Enforcement of Agxreement: If either party believes that the other party has breached any provision of this Agreement, the parties agree to return to the Collaborative Law Process to 20 resolve the issue. If the parties are unable to resolve the issues through the Collaborative Law Process, a party shall have the right at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her. The party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this agreement. 36. Headings Not Part of Agreen ent: Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day and year first above written. L4 . j/--l'N o F. Bl sq. G. NICOLAS SC D, JR. h I.. jtvi U/. -14. O a Maryann rphy, s RA J. S D Y- by Date 21 CiJ C7, 14% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SANDRA J. SCHMID, Plaintiff V, G. NICOLAS SCHMID, JR., Defendant No. 05-5197 Civil Term IN DIVORCE/CUSTODY To The Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and Manner of service of the Complaint: Personally served upon Defendant's attorney, Nora F Blair. Esquire on October 5, 2o05 Acceptance of Service signed by Defendants attorney on October 5a 2005, anti filed on January 30 2oo6 3. 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, October 22.2008: by Defendant, ARdj 14, 2008. (b)(1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: 1" (2) Date of filing and service of the Plaintiffs Affidavit upon Defendant: -N L,& 4. Related claims pending: All claims have been resolved by the Marital Settlement Agreement dated April 11; 2008. q& 5. Complete either paragraph (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: N A. (b) Date Plaintiffs Waiver of Notice in Section 33oi(c) Divorce was filed with the Prothonotary: October 24, 2008. Date Defendant's Waiver of Notice in Section 33o1(c) Divorce was filed with the Prothonotary: April 21.2oo8. , Maryann urphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA i7o5o (717) 730-0422 I.D. #61900 Attorney for Plaintiff f-_y rv rT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. SANDRA J. SCHMID. Plaintiff VERSUS G. NICOLAS SCHMID, JR., Defendant No. DECREE IN DIVORCE 05-5197 Civil Term AND NOW,. 9*00W441- / ? _ , 2008 , IT IS ORDERED AND DECREED THAT SANDRA J. SCHMID PLAINTIFF, AND G. NICOLAS SCHMID, JR. 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 Marital Settlement Agreement, dated April 15, 2008, incorporated. bu Decre BY T ATTEST: d, into the Divorce J. PR6TH(IN15TARY ,orv-w ?r )/