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Home My WebLink About02-4183 ELIZABETH SCHREINER PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA YS. : NO: 0.2- 4/;'.3 G......LL~ SCOTT SCHREINER DEFENDANT : CIVIL ACTION-LAW NOTICE TO DEFEND AND CLAIMS 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 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, P A. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 7800-990-9108 ELIZABETH SCHREINER PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO: SCOTT SCHREINER DEFENDANT CIVIL ACTION-LAW NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN NAMED DEFENDANT You have been named as a Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with ~3302 (c) or (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Cumberland County Courthouse, Cumberland County, Pennsylvania. You're advised that this list is kept as a convenience to you and you're not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. ELIZABETH SCHREINER PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA VS. : NO: O;l- 4/1'..3 Cl~l{'7?i2..Jl SCOTT SCHREINER DEFENDANT CIVIL ACTION-LAW DIVORCE COMPLAINT 1. Plaintiff is Elizabeth Schreiner, who currently resides at 106 Meals Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Scott Schreiner, is an adult individual. It is unknown where the Defendant currently resides, however, the Defendant currently receives mail at the following address: PO Box 183, Newburg, Cumberland County, Pennsylvania. 3. The Plaintiff has been a bona fide resident(s) in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 2, 1990, in Yankton, Clay County, South Dakota. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff in this action is not a member of the Armed forces. 7. Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff 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, Plaintiff does not request that the court require the parties to participate in counseling prior to the divorce decree being handed down by the court. 9. The marriage is irretrievably broken. WHEREFORE: The Plaintiff requests the Court to enter a decree of Divorce. Respectfully submitted, Abom & KutuJakis, L.L.P. Date: August 26, 2002 ~f::~~~ Attorney I.D. No. 86914 Suite 204 8 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attornry for Plaintiff ELIZABETH SCHREINER PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO: SCOTT SCHREINER DEFENDANT CIVIL ACTION-LAW VERIFICATION I verify that the statements made in the foregoing complaint and divorce are true and correct. I understand that false statements herein are made subject to the penalties 18 Pa.C.S. ~4904, relating to unsworn falsifications to authorities. f"?~~~t~ Dat ~:($~L/~~rL Eliz eth Schreiner ELIZABETH SCHREINER PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO: SCOTT SCHREINER DEFENDANT : CIVIL ACTION-LAW AFFIDAVIT OF SERVICE AND NOW, this 3,d day of September, 2002, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Divorce Complaint upon the Defendant, by U.S. Postal Service, said copy addressed to Defendant as follows: Scott Schreiner PO Box 183 Newburg, PA 17204 Date: _z.. / ~~'E~ Attorney LD. No: 86914 Suite 204 8 South Hanover Street Carlisle, P A 17013 Attorney for Plaintiff -- 0 ~ ~ c 7( ?'.: :11 -ocr' C'1 '"'V nlf~ ; -0 Z~:, I _V) ~:~:;. v ~ Il> --; ...~ d r:-C "'"\::-1 ..0 J::: ~(< :;:c :.,,',., .!:: ~c, i;? " ., , - ?~~; ~:-:; () 1:~ 0- fk ./-.. :':J :2 I" -< 3 ELIZABETH SCHREINER PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO: t3J - 1/83 SCOTT SCHREINER DEFENDANT : CIVIL ACTION-LAW AFFIDAVIT OF SERVICE I, Kara W. Haggerty, Esquire, hereby certify that I served a true and correct copy of the Complaint Under Section 3301(c) of the Divorce Code, upon the Defendant, receipt of which is acknowledged on the attached receipt card on September 11, 2002. Respectfully submitted, ABOM & KUTULAKIS Kara W. Haggerty, Esquire Attorney J.D. No: 86914 8 South Hanover Street Carlisle, PAL 70 13 Attorney for Plaintiff Date: September 12,2002 , , ~ '..,JJ ~r. -:D -al;::""; ~ rn"~.' ' "\-- 1."';.:\ Z->c - \\1 -;?c- el (:)')) I" -, \ -,,:", 0 \ r;, t:~ --0 ,. ,-- --T1 'C- , ' :::r_ ee) :(.; h ,) cr", -9 C :..:l --\ /- :::> J-;:O' -=i ~ -c. tP , , , SENDER COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Savt~~ 16 B6X I ~~ N~bWlt\ f~ (1)4{ o Oa'J'~ -=fv99 5~ 6(jD-j /514 bb{?C, 2. Article Number (Transfer from service label) PS Form 3811 , August 2001 Domestic Return Receipt 102595-02-M-0835 . . . Is delivery address different from item 1? If YES, enter delivery address below: 3'llce Type ertified Mail Registered D Insured Mail D Express Mail o Return Receipt for Merchandise DC.a.D. 4. Restricted Delivery? (Extra Fee) DYes U'IT" S>Am Po"" S,""" ~G>.I. j / ",1) Y ......~.... .-~><""".'.,-_........ ;,...",- -"- II of., ..-.. . Sender: Please print y - r 1):'l0"1'l' a.. ress, and.3~~ th~S..b?~.:- ~Lht ~'K<<Md.bs W B S:. ~ &trlCf SLU.te to f Cuu!k, fA 11013 <:>~ 1...111...111"",.11..11,..1/",11 ",1.111.'1.1.'..1" II I", 1 -'.--....- ELIZABETH SCHREINER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. SCOTT SCHREINER NO.: 02-4183 IN DIVORCE PETITION TO WITHDRAW AS COUNSEL AND NOW, comes the Petitioner Kara W. Haggerty, Esquire of ABOM & KUTULAKIS, LLP, counsel for Plaintiff in the above malter, and petitions This Honorable Court to grant the within Motion to Withdraw as Counsel for the above-named plaintiff and, in support thereof, respectfully avers the following: 1. On or about August 2002, the above-named plaintiff retained Petitioner as private counsel to secure a divorce from defendant. 2. A Divorce Complaint was filed on September 3, 2002 and served upon the defendant thereafter. 3. The undersigned counsel drafted various pleadings in relation to the above- referenced divorce matter, including a marriage sEittlement agreement which was forwarded to the plaintiff with no response. 4. To date. the plaintiff has not responded to the undersigned counsel nor has she contacted the undersigned counsel to finalize divorce proceedings. 5. The plaintiff has an outstanding balance due for legal services provided that has not been satisfied to date. 6. The undersigned counsel has attempted to contact plaintiff by phone and by mail, but is unable to locate the plaintiff. 7. The undersigned counsel sent a letter to the plaintiff's last known address on July 9, 2004, which was returned by the postal service with information indicating that the plaintiff has moved, left no address, unable to forward and to return to sender. (The July 9. 2004 letter addressed to client and returned envelope with postal service return are attached as Exhibits A and B respectively). 8. Therefore, it is respectfully requested that This Honorable Court grant the undersigned counsel's Motion to Withdraw. WHEREFORE, the Petitioner, Kara W. Haggert~', respectfully requests that This Honorable Court grant the Motion to Withdraw as Counsel. Respectfully submitted, ABOM & KUTULAKIS, LLP ~o. t-f Ji~ Kara W. Hagl~erty uire t ' Attorney 10# :9691 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff c _MOM &J 1(uTULAKIS @@~w - AITORNEYS AT LAw July 9, 2004 Elizabeth Schreiner 106 Meals Drive Carlisle, PA 17013 Re: Schreiner v. Schreiner Our File No.: 02-214 Dear Ms. Schreiner: Please be advised that some time ago I sent you a copy of a Marital Settlement Agreement for you to review and return to my office so that we may file the agreement and petition for the Cowt to enter a divorce decree. I have not received the Agreement and have not heard from you regarding this matter. I also have been unable to contact you by phone. Please contact me immediately upon receipt of this letter regarding the above matter and to provide my office with your corrected contact information. IT I do not hear from you by July 20, 2004, I will assume that you no longer wish to pursue your divorce and I will withdraw my appearance and close your file. Should you have any questions, please do not hesitate to contact me. VelY Truly Yours, ABOM G" KUTUlAKIS, L.L.P. 0twu H~4{L *:f-- Kara W. Haggerty (}j J KWH/ahn REPLY To: 36 SOUTH HANOVER STREET CARLISLE, PA 17013 (717) 249-0900 1 06 WALNUT STREET HAruuSRURG, PA 17101 (717) 232-9511 FAX (717) 249-3344 I '.c..... i :'>~'j f~.' , r,- -F' ~" ; {'~ " \-;y~' '\(;",".</;,,1 !.tl~>~1ib '.'" "9'/\'f" )~.::_. ..r\...:j<-' (:..,. -~., (I'; ..... 2 fi, ~~a~i: c. ," .., a ....";r """"" r~~ :iD u ~.If-o I'~ -'#~'f'-.. (:\ '" I /'i1 15 a , , ~ 'u' 'F IJ.. ~~ :-.. 0 ;t\!, . ";'~n ~ l. ':> ... ~ 0 " III '"' " t>- o - t>- U) - '"' U) - WQ - ~a: a: II a: - ow Q'tw ,",Q Q;IQ ,",2 'ta:2 W ow ,",U):IOILU) - o 1-2 OOW 00 - fm-IDl-J-.... !l1 't1L ,",ZNWW2 oa:H...J.J1X r-:u 1Il:J ,",I-WQ't1- - W-W2W a:a:>:Ja: - ~ WO .0 ZI: 0 H - '"' !U u: a: :! ;r - <> c< 0 0 c:: U) U) .., ""' ~ Q) ~ r-- .., .~ fi .., I~:l (/) Q --1~ (l.J ,n i='... ..(,) -B - " ':(I) '"' l.J '" ',:4.. ..D '"" ~ '" fOP) " :.::l N \D l-' :~:t:-., :.::l 0 " f'i~) ;:r; - U ':r,.. 1,,,,../ I'" ...., (/) ~S2 ~~ ~ M ~ o '-''' V)~ '" :S ~ z o ~ z '" '" >< ::r: ;2 :I Z ... "' :0"- o '" V) '" '<J ~ co ;;J :;: U CERTIFICATE OF SERVICE AND NOW, this 18th day of August. 2004, I. Karal W. Haggerty, Esquire, hereby certify that I did not serve a true and correct copy of the, foregoing PETITION TO WITHDRAW AS COUNSEL as the undersigned counslel does not have a current address for plaintiff or defendant. 141JJL~. Hrw Kara W. HaggEirty" "-> ..;::;, :~? ~ C) -,-' -.". c,..) ~~ --oj -,- ii~7:" \::J f () r- ..,' _i1 ,." i'r'i ELIZABETH SCHREINER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-4183 CIVIL CIVIL ACTION - LAW SCOTT SCHREINER, Defendant IN DIVORCE IN RE: PETITION TO WITHDRAW AS COUNSEL ORDER 1. "I' AND NOW, this day of August, 2004, a rule is issued on all parties to show cause why the relief requested in the within petition to withdraw as counsel ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, 14J . Hess, J. ~<~ V\~~O-\ fb,1} o ';:')J t"; ,~,. .?J !' ! l,i~ ': " .':' 'J '(,1) '>J 'Je... ~JL'u I , , I I I i i , , I I I I ! I I I I I ~- CURTIS R. LON<\. Prothonotary -' Cumberland County One Courthouse Square Carlisle, PA 17013 ; --,-" ~...-~...,--_.,-- , , I ELIZABETH SCHREINER, Plaintiff VS. SCOTT SCHREINER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 02-4183 CIVIL CIVIL ACTION - LAW IN DIVORCE IN RE: PETITION TO WITHDRAW AS COUNSEL A 1-Jn 1\.TAnr ., . ORDER ~ .... , t ,~ Mr. Scott Schreiner P.O. Box 183 Newburg, PA ..-":~~FU83 _ i;2~~~oeAT~b~6 ~g~~~~~ER~~cgI' Q i2S LONG R~ i72~i-q30q NEwvrLLE Pn RETURN TO SENDER 17240+0i63 02 .16 08/2 SEND ~ ELIZABETH SCHREINER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA YS. 02-4183 CIVIL CIVIL ACTION - LAW SCOTT SCHREINER, Defendant IN DIVORCE IN RE: PETITION TO WITHDRAW AS COUNSEL ORDER Al\.Tnl\.TAnT .,. ~ ~, CURTIS R. LON~ prothonotary -' Cumberland County One Courthouse Square Carlisle, PA 17013 . l ... - ..... Mr. Scott Schreiner P.O. Box 183 Newburg, PA . r"~~~p.ie3 _ i~.:a~$~oeh~6n ~ FORH~RJ~~~E~~~aO.r~ 0 sc . G po #i i25 LON -m L724i-Q30Q NEWVILLE p~ RETURN TO SENDER .,. .....- ....? i72401'ull:t-=' v_ -------"-- "."."- ELIZABETH SCHREINER, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 02,.4183 CIVIL CIVIL ACTION - LAW IN DIVORCE SCOTT SCHREINER, Defendant. TO THE HONORABLE JUDGE KEVIN A. HESS: PETITION TO MAKE RULE AI:lSOLUTE AND NOW, comes the Petitioner, Kara W. Haggerty, Esquire of ABOM & KUTULAKIS, L.L.P., counsel for Plaintiff in the above matter, who respectfully files this Petition to Make Rule Absolute and, in support thereof, avers as follows: 1. On August 18, 2004, the Petitioner filed a Motion to Withdraw as Counsel in the above-captioned matter. 2. On August 24, 2004, This Honorable Count issued a Rule to Show Cause, returnable twenty (20) days from the date of service, upon the above-referenced parties to show cause why the relief requested, the undersigned counsel's Petition to Withdraw as Counsel, should not be granted. 3. Service was attempted on the above parties, however said service was returned by the United States Postal Service indicating that service cannot be made. (A copy of the returned envelopes are attached as Exhibit "A" and "B".) 4. As the parties are not able to be served and Petitioner cannot locate another address for either party, the Petitioner respectfully reqU43sts that she be permitted to withdraw as counsel. WHEREFORE, the Petitioner respectfully requests that This Honorable Court make the above Rule absolute and grant the Petitioner's PetitiiJn to Withdraw as Counsel. Respectfully submitted, ABOM 8, KUTULAKIS, L.L.P. !~10. Kara W. Haggerty Attorney 10# 8691 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 II.' I /.. 'c._: 7f'~'v~ ,((',;\<~~.I, .l 1\/;, "'/" 0--\.\~::j...1_ i I O.4.-t/\ 'r;;' 'I,' ;9-/\\pir- )"'';',: 1~ (".; .",()\..... Z ~, ~~~I~ [~.. :;1' 'm ~I~ ).1.1 , -' ('h~ 0 ~ o..-::t~_ ~ D t ' N"lS ~~ ~..I . t{ ~~.~O p ~'~~ ~ ..-r'~[) _ .,."" 1< L x oJ i"<1QlLl ~ ? ',J'-"t- 'S' ~ Sl<<~",>ll. I _ 1,. \. . ;t 0 "- ru .. "- r- - 0 r- IJl - .. IJl 1lJ0 ;to: o:n:o: - OIlJ 00:1lJ "0 030 "Z O:o:z IlJ 01lJ - ..1JlJ:OlLlJl o I-Z - OOIlJ 00 (lll-iDl-~1- f'l O:IL ..ZNIlJIlJZ Oa:H..J..Ja: r-:u 1Il:J - .. I-IlJ 00:1- 1lJ-I1JZIlJ a:O:>:Ja: ~ IlJO - .0 ZI: 0 H .. !U [( 0: :L .:.:.: '""' "" u u - OJ IJl IJl ~ iiJ v [::: ;> '""' .~ fi '""' .,] VJ Q ~ (1.1 fJ ~ r:c. ..("(1 " l:(t) V l.l OJ .,:.... .D '"'" v; t''fI':1 '" ~ ;.::I *1;.., N 'D '"' ;.::I 0 '" "'i:':) ~ ,--< U "'r" I:.,).., 1'" -,.., (/) ~~ 8~ ~ M ~ o t-<~ '" '" ;S '" z 6 < z ::; ., >< :I: z :I: Z f-o '" ;0"" 0", '" --' ~ '" - M :;! :;: u --.-----------""---- III~=~ f"-N \"'~ r-- ijl~ ~ ~ t ~~Io~" ~ \ (' -0 ~ 1\>.. ~ ,; s: -'Q.illi'~PO ~ .. IJJ i Or-- ~ .',..;:,..., J'\ r- CO ~ i'.';{)\() ~~ ~ 6~ ~ m ~ o '-''' V)~ '" ;S ~ z o '" z " '" ~ :r: Z :I: Z I-< OJ ::0"- o ' V) ~ '" ~ m :;J :< u (=J [,-:,;] G:_ [;::'-' [:::.J ~ ~) ~ C~," ---- '='<i ..D IT' '" <0 IT' ..D f'- U1 ;:t" o o o o ..... ..... '" '" o o f'- , . , , , , , , , , . , , . , , , , , , '" .... ~ iffi ~ ::l .... >-'" €J 4 ....0 Q. cnZI.LICl cn;=e:CCl '" ~ocncn~ ,." cZ_c "" Cl:'::'a:w~ 2 J c:;~~~ .3 j !Zz:E~u.. }!J ~~ ~~~~; ~!::::lc: CI:ll-cnl-Z _ zI-OO::::l _czz. a DODD o ... c; I:: .~ "" _C U (/) p o u (/) , r~~- .-:r . l"I,i, \ \ ~lc-l ...l I. ~ ~ 1 ....I~;;. ~ Aj~ il.(!Wc<' CERTIFICATE OF SERVICE And now, thiS~~y of September, 2004, I. Kara W. Haggerty, Esquire, hereby certify that I did not serve a true and correct copy of the foregoing Petition to Make Rule Absolute as the undersigned counsel does not have a current address for plaintiff or defendant as indicated by Exhibits "A" and "B." ~~ Kara W. Haggerty, ire o c. ?:: '""0 OJ Q)tl.i t5 ~~.~; - - 'J ~c ""r', 2(- >2 ~ . ~ = .r- </> 1"'"1 -u N &' o -n -:::I :J::I] me-=: -om :D 1.' ~() :r:11 S;;<B ""'-rn Sl '!". ~ -u ::J: <::? &' ELIZABETH SCHREINER, Plaintiff, SEP 2 7 2004 i v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 0;2-4183 CIVIL CIVIL ACTION - LAW IN DIVOI~CE SCOTT SCHREINER, Defendant. AND NOW, this ~I. day of September, 2004, upon consideration of the within ORDER OF COURT Petition to Make Rule Absolute, and upon failure of the parties to files a timely response to the Rule, IT IS HEREBY ORDERED AND DECREED that the Rule is hereby made absolute and the Counsel's Petition to Withdraw is granted. BY THE COURT: Distribution: I --1"<ara W. Haggerty, Esquire 36 S. Hanover Street Carlisle, PA 17013 ;> vbeft o q -.(). q - 0 y FILEQ-{)FFICE OF THE Pr;OTl-IONOTARY 2004 SfP 28 PH /: /3 CU"'iBEJ1LAi ,I) COUNTY PE:.NNSYLVAiVtA ELIZABETH SCHREINER, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 02-4183 CIVIL CIVIL ACTION - LAW IN DIVORCE SCOTT SCHREINER, Defendant. TO THE HONORABLE JUDGE KEVIN A. HESS: PETITION TO MAKE RULE AEISOLUTE AND NOW, comes the Petitioner, Kara W. Haggenty, Esquire of ABOM & KUTULAKIS, L.L.P., counsel for Plaintiff in the above matter, who respectfully files this Petition to Make Rule Absolute and, in support thereof, avers as follows: 1. On August 18, 2004, the Petitioner filed a Motion to Withdraw as Counsel in the above-captioned matter. 2. On August 24, 2004, This Honorable Court issued a Rule to Show Cause, returnable twenty (20) days from the date of service, upon the above-referenced parties to show cause why the relief requested, the undersigned coUlnsel's Petition to Withdraw as Counsel, should not be granted. 3. Service was attempted on the above parties, however said service was returned by the United States Postal Service indicating that service cannot be made. (A copy of the returned envelopes are attached as Exhibit "A" and "B".) 4. As the parties are not able to be served and Petitioner cannot locate another address for either party, the Petitioner respectfully requests that she be permitted to withdraw as counsel. WHEREFORE, the Petitioner respectfully requests that This Honorable Court make the above Rule absolute and grant the Petitioner's Petition to Withdraw as Counsel. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. ka1f1U) Kara W. Hclggerty Attorney ID# 8691 36 South Hanover Street Carlisle, PA. 17013 (717) 249-0900 I '~---j ""~~ I ",,' "/;--.'. ~ i "-" ,.~, !(('.'~>'<')" I' -"'" . ~. " '. 'f:''' :}I':'~~~-~ "J,,''''.' ", ~fi..:;~ (.J . -'I 0\ ..... ~' O .. - - h, ."~I< ~ t'II".~ I ~ ':;'J >0 O! 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'\() \0 ~~ ~~ o::J ~ '0 ~ o '-''' '" ~ '" ;S r;: z o :< z ., ." ~ :r: Z :r: z f-< OJ :0"" o " '" ;'j '" " '0 ::J :;: u ""....,., (==J fl.:~1 [;~ ~- v~! [:::::J f0E f( y. ",,1 !B 6.~~J ...D IT" rn <0 IT" ...D r'- LIl ~ o o o o .-'l .-'l rn rn o o r'- '" w 8;\ i ~ ~ ~ >-'" 51 4 wQ 0. ""ZI.LlCl 0:=CCCCI I.LlO....0CC .,a CCz0cC '" \..) g:.::~.....3: 2 J c:;~aig; .3 ~ I-z::ECL&. ~ ~~ ~~~!; ~!::JCI: 0....0....Z _ z....OO:::l -c:zz. DODD . . . . . . . . . . . , . . . . , , , , o d ... ~ t:: .~ .... ~C U if) t: o u if) , r~~"-:3- , ('1\ ,iT: I ,qo-I<J-j ...l j j' ~~ ....i~E I ::s ;IIj.. _C!IoI"'" o~ CERTIFICATE OF SERVICE And now, thiS~y of September, 2004, I, Kara W. Haggerty, Esquire, hereby certify that I did not serve a true and correct copy of the foregoing Petition to Make Rule Absolute as the undersigned counsel does not have a current address for plaintiff or defendant as indicated by Exhibits "AU and "B." ~0. Kara W. Haggerty, 0 ,..., c: = 0 = -oS:: ..... "1"' n\(1;:~ v> -.... :-;~rii rrt if;:JJ zr- -u -oM cJj 1..:- N -<""" &"' t31.' ~CJ ~r' -u ."~~) :r: "",1 ~2 X (')-- ",.0 <2 ern ~ :-; .D &"' -< ~~ ELIZABETH SCHREINER PLAINTIFF vs_ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O~~ ~/f) SCOTT SCHREINER DEFENDANT CIVIL ACTION-LAW AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. The parties to this action separated on April], 2002 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that] may lose rights concerning alimony, division of property, lawyer's fees or expenses if] do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of] 8 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. Date: /~/ 7;/ 0 r ~ ~j.;J~A~ ~aintiff r-' ri ~~~ :"h ;.;"..rt -- ..l-~ ..- ......- co 1~ ~ ') r'<.) vs. I I I I I I I I I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA ELIZABETH SCHREINER PLAINTIFF NO. OJ- ~I g3 SCOTT SCHREINER DEFENDANT CIVIL ACTION-LAW WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 330I(D) OF THE DIVORCE CODE 1. 1 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. [understand that [ will not be divorced until a divorce decree is entered by the Court and that a copy ofthe decree will be sent to me immediately after the divorce decree is filed with the prothonotary. I verify that the statements made in the affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.s. 94904 relating to unsworn falsification to authorities. Date: /1/1/0/)- ( I Plaintiff r/~~-tL~ ,', c ~,-' ~..:.::> :--:~.) ;.11 ~, '---:' "lj --1 -C ['-;1 o p..) VS. I I I I I I I I I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA ELIZABETH SCHREINER PLAINTIFF NO. f)J,- ~) 3'~) SCOTT SCHREINER DEFENDANT CIVIL ACTION-LAW WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301 (D) 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 the divorce decree is filed with the prothonotary. I verify that the statements made in the affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date: I {- '1 - u tJ Defendant <S~q-~ ~-4/?0 CJ -,.'1 ~--' ~i'': c-:-.: .",) rv ELIZABETH SCHREINER PLAINTIFF VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 03., --- 'II g 3 SCOTT SCHREINER DEFENDANT CIVIL ACTION-LAW AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. The parties to this action separated on April I, 2002 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. Date: i 1- '1- 05 - ~~ SJtT3c- ~ Defendant t'-.:> t;~ ;-?1 "~F{ -c r-n '" ) ""'- c' .;.1 (~\) :;:< r"'~; ELIZABETH SCHREINER PLAINTIFF VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. {)cJ ~ ~ I g , SCOTT SCHREINER DEFENDANT CIVIL ACTION-LAW NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN NAMED DEFENDANT You have been named as a defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland county. This notice is to advise you that in accordance with ~3302 (c) or (d) of the Divorce Code, you may request that the court requires you and your spouse to attend marriage counseling prior to a divorce decree being handed down b the Court. . A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA. You are advised that this list is kept as a convenience to you and you are not bound to choose a counsel for from the list. All necessary arrangements and the cost of counseling sessions are to be borne by and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. --~ --r ,0::, ~t':"; CJ (.') f': ELIZABETH SCHREINER PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. OJ.. - ~) <b J SCOTT SCHREINER DEFENDANT CIVIL ACTION-LAW WAIVER OF RIGHTS TO A HEARING I, thc defendant, Scott Schreiner waive any rights to a hearing, or to appear for a hearing, in this divorce proceeding to defend and claim rights, or to an attorney to represent me. . Date:~-f-t) 5 5 ""# 5;j;!f..~L?I0) Defendant ._~ ;;:-:::1 , . :.:~;l s\ c c'"'" r-:' ~}1 ;.::::1 \-., , . ELIZABETH SCHREINER PLAINTIFF vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 0) J cJ I ~ 3 SCOTT SCHREINER DEFENDANT CIVIL ACTION-LAW INVENTORY OF 115<51/5 of P/rJr'nl;/I Elizabeth Schreiner files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Elizabeth Schreiner verifies that the statements made in this inventory are true and correct Elizabeth Schreiner understands that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. ~tl-*:: ? -0"jf~.A~~ ~ liza th Schreiner ASSETS OF PARTIES Elizabeth Schreiner marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. L-) I. Real property lJL) 2. Motor vehicles L-) 3. Stocks, bonds, securities and options L-) 4_ Certificates of deposit L-) 5. Checking accounts, cash L-) 6. Savings accounts, money market and savings certificates L-) 7. Contents of safe deposit boxes L-) 8. Trusts L-) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries.) L-) 10. Annuities L-) II. Gifts L-) 12. Inheritance L-) 13. Patents, copyrights, inventions, royalties L-) 14. Personal property outside the home L-) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) L-) 16. Employment termination benefits-severance pay, worker's compensation claim/award L-) 17. Profit sharing plans <" . L) 18, Pension plans (indicate employee contribution and date plan vests) L) 19. Retirement plans, Individual Retirement Accounts L) 20. Disability payments L) 21. Litigation claims (matured and unmatured) L) 22. MilitaryN.A. benefits L) 23. Education benefits lJL) 24. Debts due, including loans, mortgages held L) 25. Household furnishings and personalty (include as a total category and attach itemized list, if distribution of such assets is in dispute) L) 26. Other MARITAL PROPERTY Elizabeth Schreiner lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Nurnber----------Description ofProperty----------Names of All Owners I. $1000 1998 Ford Taurus Elizabeth Schreiner NON-MARITAL PROPERTY Elizabeth Schreiner lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Number----------Description of Property----------Reason for exclusion PROPERTY TRANSFERRED Item Number-----Description ofProperty----Date of Transfer----Consideration---Person to Whom Transferred LIABILITIES Item Nurnber-----Description ofProperty----Names of All Creditors---Names of All Debtors I. $50,000 Iowa Student Loan - () .~ \ '\ -- c; ~ :> ,'..) (,::' - ----- , . ELIZABETH SCHREINER PLAINTIFF VS. I I , I I I I I I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0)-- '118"3 SCOTT SCHREINER DEFENDANT CIVIL ACTION-LAW INVENTORY OF ASSETS OF THE DEFENDANT Scott Schreiner files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Scott Schreiner verifies that the statements made in this inventory are true and correct. Scott Schreiner understands that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. ~ ~ r S~.s;/:..~ Scott Schreiner ASSETS OF DEFENDANT Scott Schhreiner marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. L-.J 1. Real property Lx~ 2, Motor vehicles L-.J 3. Stocks, bonds, securities and options L-.J 4. Certificates of deposit L x ~ 5. Checking accounts, cash Lx~ 6. Savings accounts, money market and savings certificates (----.1 7. Contents of safe deposit boxes L-.J 8. Trusts L-.J 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries.) L-.J 10, Annuities L-.J 11. Gifts L-.J 12. Inheritance L-.J 13. Patents, copyrights, inventions, royalties L-.J 14. Personal property outside the home L-.J 15, Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) L-.J 16. Employment termination benefits-severance pay, worker's compensation claim/award L-.J 17. Profit sharing plans L-.J 18, Pension plans (indicate employee contribution and date plan vests) (----.1 19. Retirement plans, Individual Retirement Accounts L-.J 20. Disability payments L-.J 21. Litigation claims (matured and unmatured) L-.J 22. MilitaryNA benefits , L-> 23. Education benefits LX-.J 24. Debts due, including loans, mortgages held L-> 25. Household furnishings and personally (include as a total category and attach itemized list, if distribution of such assets is in dispute) (---.-J 26. Other MARITAL PROPERTY Scott Schreiner lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number----------Description ofProperty----------Names of All Owners 2 $1000-1995 Ford Taurus Scott Schreiner 5 $500-Checking Account Scott Schreiner 6 $1400 Scott Schreiner NON-MARITAL PROPERTY Scott Schreiner lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Number----------Description ofProperty----------Reason for exclusion PROPERTY TRANSFERRED Item Number-----Description ofProperty----Date of Transfer----Consideration---Person to Whom Transferred .24 LIABILITIES Item Number-----Description of Property----Names of All Creditors---Names of All Debtors .24 $1200 Wotpoff Abramson . $5000 $10000 Visa Iowa Student Loan ," ~o '.~ ~,:i1 o C) -n --4 ~~\ '. , (~_.' c,) <.,.:. MARITAL SETTLEMENT AGREEMENT jdf, 0/2 h THIS AGREEMENT, made this -+=---day of c~ /J1 :P/-, 2005 between Elizabeth Schreiner, (hereinafter referred to as" FE"), and Scott Schreiner (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on March 2, 1990, in Yankton, Clay County, South Dakota: and WHEREAS, (1) child was born of this marriage: Jazzmine Rosealee Schreiner, born March 8, 1992. WHEREAS, Disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of offsetting 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 past present, and future support and lor maintenance of Wife by Husband or Husband by Wife, the settling of all matters between them relating to the equitable division of marital property: and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection. The parties represent and warrant that they havt: fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income, The parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Agreement, ism under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, with such knowledge 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 improper or illegal agreement or agreements. NOW THEREFORE, 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, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife 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 parties shall be free from and control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gains from property hereinafter accruing) of the other or against 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 such other, the estate of such other or any part thereof, whether arising out of any former act, contracts, engagements or dower or courtesy or widow's or widower's rights, family exception or similar allowance, or under the interest laws, or the right to take against the spouse's will' or the rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the right to act as personal representative of the estate of the other; or any rights which any party may now have or any time hereafter have for past, present, future support, maintenance, alimony, alimony pendente life, counsel fees, costs or expenses, whether arising as a result of the martial relation or otherwise' except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the execution of the 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 hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any and all such claims by each other against the other, and are, inter alia, in full settlement and satisfaction and in lieu of their past, present and future claims against the other in account of maintenance and support, and also alimony, alimony pendente life, counsel fees, costs and expenses, as well as nay and all claims to equitable distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction, including any other counsel arising in any manner whatsoever, except as may be incurred in connection with a breach of the Agreement as set forth hereinafter in paragraph 24. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto s if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third- party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in an by his or her last will and testament; and each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the right relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transfer or immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. PENSION, PROFIT-SHARING, RETIREMENT, CREDIT UNION OR OTHER EMPLOYMENT-RELATED PLANS. The parties hereto expressly waive and relinquish any right, claim, title or interest in any pension, profit-sharing, retirement, credit union or other employment-related plans in which the other has any interest by virtue of his or her past or present employment, whether vested or unvested, matured or unmatured. 7. EOUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to criteria set forth in Section 3502 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the fact that it is the first marriage for Husband and Wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for further acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker the value of the property set apart to each party; the standard of living of the parties established during trh emarriage; and the economic circumstances of each party at the time the division of the property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Except as otherwise set forth hereinafter, neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Property shall be deemed to be in the possession or under the control of either party if, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Anything to contrary contained herein not with standing, Husband and Wife shall be deemed to be in the possession and control of any pension or other employee benefit plans or other employee benefits of any nature to which either party may have a vested or contingent right or interest, apart from the provision of the Divorce Code, at the time of the signing of this Agreement. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during, or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 8. DISTRIBUTION OF CASH ASSETS, STOCKS AND BONDS. The parties shall retain as their respective sole and separate property and other depository or brokerage accounts, stocks, or bonds held in their respective individual names. 9. DEBTS. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debt or obligation incurred by her since the date of said separation, except as otherwise set forth herein. 10. CUSTODY OF CHILDREN: One child was born of this marriage: Jazzmine Rosealee Schreiner, born March 8, 1992. The parties shall share legal custody and Wife shall be primary physical custodian with father having liberal periods of visitation of said child. The parties shall share the following major holidays: Thanksgiving, Christmas, Easter, and birthday. Each party shall also have the right to exercise two (2) one-week periods of summer vacation partial custody (seven (7) consecutive days) at a time to be mutually agreed upon by the parties hereto. Provided that the parties will provide each other a minimum of thirty (30) days advance notice. The parties may from time to time as they mutually agree alter these periods of custody, provided that a minimum of twenty-four (24) hours notice of is provided for the request of additional custody. The parties may alter these terms upon mutual agreement. Each party shall refrain form using disparaging remarks regarding the other parent in from of the child. 11. CHILD SUPPORT. Said payments shall be made through the Domestic Relations Section of Cumberland County. 12. CHILD TAX EXEMPTION. Wife shall be entitled to the dependency exemption and child tax credit for all even years beginning with the 2006 tax filing. Husband shall be entitled to the dependency exemption and child tax credit for all "odd" years beginning with the 2005 tax filing. Both parties will sign all necessary documents with the IRS to allow the other parent to claim the tax deduction for the child in the year as specified above. Wife may claim child care expenses at 60% every year. Husband may claim child care expensed at 40% every year. This is due to the child support order. Should the child support order be modified, this paragraph will be subject to similar modification Telephone Contact. The parties agee that the child is to have liberal rights of telephone contact with the non-custodial parent, no matter who is exercising his or her right to physical custody. Medical Care/Treatment. Both Husband and Wife shall be immediately informed as the medical care and treatment of the children. Relocation. Upon the knowledge of a pending relocation, temporary or permanent, of either parent, that parent must immediately inform the other of his or her new address and telephone number. 13. MEDICAL INSURANCE. The parties shall be equally responsible for payment of any cost necessary for maintenance of child's medical coverage. The parties shall equally share all medical, dental, prescription, eye care, orthodontic and counseling expenses for the child who is not otherwise paid by medical insurance until the child has graduated from high school or has reached 18 years of age. 14. COUNSEL FEES AND COSTS. Husband and Wife each agree to pay and be responsible for their own attorney's fees and costs incurred with respect to the negotiation of their property settlement agreement and the divorce proceedings related thereto. 15. DIVORCE. A Complaint in divorce has been filed to No. 02-4183 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 3301(c) of the Divorce Code. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party herby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 16. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting there from shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. 17. RECONCILIATION. Notwithstanding a reconciliation between the parties, this agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 18. INCORPORATION IN FINAL DIVORCE DECREI~. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any court having jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code ofthe Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 19. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing the Agreement. 20. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 21. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 22. BREACH. If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, either to pursue his or her rights in having the terms of this Agreement enforced as an Order of Court or to sue for specific performance or for damages for such breach, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 23. PENNSYL VANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of Pennsylvania. 24. WAIVER OF MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 25. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 26. 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 shall continue in full force, effect and operation. 27. WARRANTY. Husband and Wife again acknowledge that they have each read and understood this Agreement, and each warrants and represents that it is fair and equitable to each of them. 28. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This Agreement is executed in duplicative, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: L ~- -- ~ ~/'- ( A.~ c~ <r'"- ~~.ScMOP?llD Scott Schreiner COMMONWEALTH OF PENNSYLVANIA COUNTY OF CI..J(Vlb.v--t~ SS. On this ~day of ~ ' 2005" before. me, the undersigned officer, personally appeared Sr()f-f ~h n: (IU!. r , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he/she executed the same for the purpo" -'11..111 //'i1n!Juu~ I NOTARIAL SEAL I / . DARCIE A. N. ElL. Not~ry Public ( i . i Boro of Callisle, Cumber1and County ~ i __ _ '.~~mi$sIon Expi"",,~<.:~~4, 2005 ~ COMMONWEALTH OF PENNSYL VANIA COUNTY OF QUcYr\ bu IQnd SS. On this 8 day 0 'Q.Xn , before me, the , undersigned officer, personally appeared ' own to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she ecuted the same for the purposes therein contained. JMMONWEALTH OF PENNSYLVANIA \~dl I \/1\\1 rI" , NOTAR:o's s~~tary Public > ~U U h U.J APRIL 0 - E?-~A cumberland County Boro 01 Caris eExpires April 23. 2006 My commiSsion ::~ C) '. :.) ., c....-, ::;:1 ':-1 ,." c:.- (..,.' ., ..", --....,.,,,,"''''''''"'''-,..., .'" VS. I 1 I I I I I 1 I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH SCHREINER PLAINTIFF NO. OcR -1/g3 SCOTT SCHREINER DEFENDANT CIVIL ACTION-LAW PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: J. Grounds for divorce: irretrievable breakdown under S (3301(d)(1)) of the Divorce Code. t: 2. Date and manner of service of the complaint: &2?;J~ J -- "{ (rJ5- - ~1 lJ-€rjLJ f7 , / / /9- Jo S- f , 3. (b)(1) Date of execution of the affidavit required by S 330 I (d) of the Divorce Code: ; (2) Date of filing and service ofthe plaintiffs affidavit upon the respondent: ()II/V/(J ~ ( I 4. Related claims pending: 5. (a) Date and manner of service ofthe notice of intention t file praecipe a copy of which is attached: JJ Jf:/c!J;- J.:rI. pHSt.Hl i r .- (b) Date plaintiff's waiver of Notice was filed with the prothonotary: / / / /() /0 ')- . I , / ( (c) Date defendant's Waiver of Notice was with the prothonotary: ~~i///~'~ Plai Iff J'>-<> \'::':::::) C,~.l C.Tt c.) "' .~' c=; r...,,,) C> --n :7J riciF' :f_i :" -<