Divorce - Schooler, Terry M_2/2/2006.. -.. .._ . �. - `_ -':{''•i
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STATE OF INDIANA )
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COiJNTY OF GIBSON )
IN RE: THE �1ARRIAGE OF
TERRY M.SCHOOLER
and
KELLl'S.SCHOOLER
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IN 'I�, GIB
2003 TERM
CAUSE NO. 26D01-0107-DR-0056
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Clerk Gibson Sup� � t
DECREE OF DISSOLUTION OF A4ARRIAGE
(September 23, 2003)
Comes no�v the Petitioner Husband, Terry M. Schooler, in person and ��ith counsel,
Ste��en L. �Vhitehead, and comes also the Respondent Wife, Kelly S. Schooler; who the parties
acl:no« lzd�z is in the Courthouse but at her o�rn choice refuses to come into the Courtroom and
instead instructs her attomey, John C. Hicks, to appeaz on her behalf, for hearing on Husband's
Petition for Dissolution of �4arriaee filed herein on July 16, 2001. And the Nife having been
duly sen�ed «�th process on or about said date and this cause having been filed for more than
sixn• (60) days, the same no�v comes on by agreement of the parties as to all issues.
.•U�d the Court having seen and examined said Petition for Dissolution of Marriage and
havinQ heazd the a�reement of the parties recited in open Cour[ and ihe testimony of the
Husband, Terry M. Schooler, now finds as follows:
I. That the Husband �vas a bona fide resident of Gibson County, Indiana, on the date of
filing herein and had been a continuous and bona fide resident of said Counrv and
State for a period of more than six (6) months immediately preceding said date.
?. That the parties �vere mamed on Septzmber 15, 1979, and did separate on or about
May 17, 2001.
=. That there has been an irretrievable breakdo«�n of the marriage of the parties hereto,
there bein� little or no chance of reconciliation of the marriage, and that said marriage
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should be dissolved by reason of said irretrievable breakdown.
4. That there aze two (2) minor children bom as of the fruits of this marriage, namely
Tayden Blake Schooler (born Mazch 4, 1987) and Andrew Caleb Schooler (born
Ntazch 7, 1989), and the �Vife is not now pregnant.
�. That the parties shall have joint custody of their ri�ro (2) minor children �tith the
parties altemating every other week pazenting time «ith the children. That holida}�
time «ith the minor children shalf be agreed on bericeen the parties and in the event
an anreement cannot be reached, the parties shall utilize che Indiana Supreme Court
Parenting Time Guidelines as it pertains to holiday parenting time.
6. That the Husband, Terry Ivf. Schooler, shall pay into the Office of Clzrk of the Gibson
Superior Court for the caze and support of said minor children the sum of Seventy
Dollazs (570.00) per �veek, said pa�ment to commence Friday, Septzmber 26, 2003,
with a like pa�znent each and every Friday thereafrer until further Order of the Court.
That said child support obligation is in substantial compliance with the Indiana
Uniform Child Support Guidelines as it pertains to split custody, a«orksheet of
which is attached hereto and incorporated herein by reference as Exhibit A.
7. That the Husband a�ees to maintain, for and on behalf of the minor children, health
insurance through his place of employTnent, so IonQ as the same is reasonabl}�
available through his place of employ�nent at a reasonable expense. As to any
uninsured medical, dental; optical or prescriotioe drug e�:penses inc�!rred fe* �nd oe
behalf of the parties' minor children, the parties agree to di��ide the same equall}� «ith
the Husband pa}'ing �0% and the Wife payine �0%.
S. That each part}� shall claim one (1) child as a dependent for federal and state income
ta� purposes until such time as the oldest child is no lon�er eligiblz to be claimed.
Thereafter, the parties shall alternate claiming the youngest child ��ith the Husband
claiming the child the first yeaz thereafter and everv oiher }'ear thereaftzr until further
Order of the Court.
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That the Husband shall have as his sole and absolute property, free and cleaz of any
right, title or interest of the Wife, the real estate and improvements constituting the
marital residence located at 309 East Main Street, Francisco, Indiana, £or which the
Husband shall assume and hold the �Vife harmless thereon the outsianding real estatz
morteaee obligation due and o�ring thereon. The Husband shall refinance the
outstandin2 mortgage oblieation into that of his o�an name within sixry (60) da}�s
�from September 23, 2003, or as soon thereafter as financing can be obtained. The
Husband shall pay [o the �Vife for her interest in the marital residence the sum of
Eleven Thousand Seven Hundred Fifrv Dollazs (511,7�0.00) and thz same shall be
paid within sixrv (60) days hereafter or as soon thereafrer as financin� can bz
obtained by the Husband to pa}� the �Vife. That the �Vife shall relinquish her interest
in the marital residence by executin� a Quitclaim Dzed.
10. That the Husband shall have as his sole and absolute propem�, free and cleaz of any�
right, title or interest of the �Vife, those items of personal propem� currentlq in his
possession (except as hereinafrer noted), including but not limited to the 1990
Che��rolet truck, Husband's railroad stock and his Vanward account.
I 1. That the 1Vife shall have as her sole and absolute property, free and clear of any rieht,
title or interest of the Husband, those items of personal property cuaently� in her
possession, including but not limited to the 199> Pontiac Grand Prix automobile and
the timeshare condominium, �vhich the �Vife shall assume a.nd hold the Husb�nd
harmless thereon the outstanding obligation duz and o«ing thereon. Furthermore, the
�Vife shall refinance the timeshare condominium oblieation into that of her o«n name
within sixn� (60) days or as soon thereafrer as financine can be obtained. The �Vife
shall further have as her sole and absolute property, free and cleaz of an}� right, title or
interest of the Husband, those items of personal properh� currently in the possession
of the Husband but which items �vere denoted on a list provided by the �Vife at the
parties' mediation session.
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12. That the Husband shall assume and tiold the W.ife hazmless thereon the
obligations: VISA credit card; Credit Union obligation; and the oblieation due and
owing on Husband's truck.
13. That the �Vife shall be entitled to her allocated portion of Husband's Raiiroad
Retirement Pension under the Railroad Retirement Equity Act.
14. That both parties shall execute any and all such documentation as ma}• be nzcessaz}•
to fully implement the terms and conditions of this agreement.
1�. That each pam� shall pay their o«n leeal fees incurred in this cause.
IT IS THEREFORE CONSIDERED, ORDERED, r1DNDGED r�'�'D DECREED bti� ihe
Court that the marriaQe of Tem M. Schooler and Kelly S. Schooler be and the same is hereby
dissoh�ed and terminated and the parties restored to the status of unmarried persons.
IT IS FURTHER CONSIDERED, ORDERED, ADNDGED AND DECREED by the
Court that the agreement of the partizs herein above enunciated be and the same is hereby
ratified, confirmed and made into the Order of this Court.
SO ORDERED this � day o�, 2003.
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APPROVAL,:
STEVEN L. �VHITEHEAD, r1S46-74
Attome�• for the Husband
Gibson Superior Court
FA}: APPROVED
JOFI\' C. HICKS, #7�0�-26
Attomzv for the �Vife