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HomeMy WebLinkAbout96-03124 ~~~~~~~~~----------_._--------~ ~ .-,-----.,- '--'----.----...--.."....-.....,--..,..------------- ~ ~ ~ ~ ~ ~ 8 ~ 8 ~ ~ 8 ~ ~ ~ ~ 8 ~ ~ 81 ~ * ~ ~ ~ 8 ~ The court retains jurisdiction of the following cIoims which have ~ been raised of record in this action for which a final order has not yet .."... been entered; 1"5 :;: .~ ~ ..,',..."..".."..,.,.,..,....,"",...,...,..,..,."..,...."..,.,.,.... * : ' . , . , . , , , . . . . , . NO~.E.. , . . . , . . . , , , . , . . , . , , . , . " , . . , , . , ~ " ~ ~ c:/ ~ : n~/~~~/llcL * ~ Alle'tS a""t.., r...-lz7 .c1'#"-'~ J. i~ ~ / ~~H<:'L ~ JIjk . i::: . y' rO~l1olnry i ~ .1 / ~-..--..--~ .:.;. ... -;;~vc:-~.""7:<<. -";c~'-::.;.-~ .:.::~~:.;.' .:.;. ""0:.:' -:.;. .:.:- .:.;, .:.;. '-:+:,' .:t;.- .:+> ::&:. - .:.;.- -::.;. .:.;. -:.;. .:t;', .:~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~! PENNA. JOHN ":. SIIU<lHART, l'lulnurr i\ll, 96.3124 \'I'I',dli KAR":N M. SHUClHART, ndendunt DECREE IN DIVORCE AND NOW. . , , JiI...llary .f"""'" . .. ,9,,~ , . '. 19..,., 98it is ordered and decreed that '''" JOHN, E.. SHUGHART. " . . . . .. . " . , , " " " '. plaintiff, and. " ,. " , , .,. ,. .KAREN. M. ,SHJJGHART, . .. .. '. . . "" . '''. defendant, are divorced from the bonds of matrimony. 8 8 8 ~ 8 8 8 8 8 8 8 8 8 8 ii! J~ 8 8 Iii 8 8 ~ ~ " ~ ~ ~ ,. ,;, ;:l .'. ~ " ~: r ~ Ii ~ r~ ~ ~ 7) , . ':\ '; '- ~ ::s:.; .... -~ ~ ~ ~ ~ ~ ~'\, V1 ~ ~ t'-. ~~IJ) ~ ~ - .... .... ~:r ~~ ~lV) z ~1 O~:S ~-<z r.-.;J O;~ ~ ~ U i:l:: i:l:: !:I:: t.lr.lS: -< -< 0 ""~eIl . == == ~ o z'" ~::: ~... ... Eo< ZOl 5~ j;JC ~ Iii i:l::t.lr.l . . === z j;J",,=-~ eIl'- III eIl'l:l ~==w ~ 01 ;. C ... :5 ~ ~ 8O~ .- .~ r.l=- ~.. E- .... ~ (/) 0 ;:: < a: t: N ~~~ ~ zl:l f:5 all ~ ~ ~ E r.lj;J ~ < l1J ~ . t:. ..:lO 0 ~ ~ ~ g!J! ~=-t.l .... ~ lf~5~~ 0( g U ~ 0 '" ... v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACflON - LAW No.'I6-31J.Lf CIVIL TERM IN DIVORCE JOHN E. SHUGHART. Plaintiff KAREN M. SHUGHART, Defendant COMPLAmI COUNT I . DIVORCE UNDER 3301(c) OF THE DIVORCE CODE AND NOW comes John E. Shughart by and through Frey and Tiley. attorneys for Plaintiff. and makes the following statement: 1. Plaintiff is John E. Shughart. who currently resides at 104 Mountain Road. ShennansdaJe. Middlesex Township. Cumberland County. Pennsylvania. 2. Defendant is Karen M. Shughart, who currently resides at 149 North Middlesex Road. Carlisle. Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for atlenst six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September . 1979 in Newville. Cumberland County. Pennsylvania. S. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court reqUIre the parties to participate in counseling. WHEREFORE. Plaintiffrequests your Honorable Court to enter a Decree in Divorce. Divorcing Plaintiff and Defendant. v. , , : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA : CIVIL ACfION - LAW : NO.96-3124 CIVIL TERM : IN DIVORCE JOHN E. SHUGHART, Plaintiff KAREN M. SHUGHART, Defendant AFFfDAVIT OF CONSENT,WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE, AND WAIVER OF MARRIAGE COUNSELING I. A Complaint in divorce under Section 3301(c) of the Divorce Code was l1Ied on June 18, 1996. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce without notice. 4. 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, 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 7. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office. which list is available to me upon request. 8. Being so advised, I do not request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. ~4904 relating to unsworn falsification to authorities, DATE: November 24. 1997 JLE~~Ji,-- J~ E, Shughart " >. r-:: , "':.': , , IJ.: ~~'I ..' ();. II:':' "'- ", (J: .- , ':") CO I 1J,.:t... Li.;,: (.,C if:"] 1,'1 " ~ .'......, ", ...... ::3 u 0' 0 fi: r- ~ ." C'I ~ N -)<: ?"J": :C "'J~ . - 0- ;:l~ C (') ~6i [ I _J/; ,u % [Sib IS ~ (~ 0.- ~ ~ CXl (3 ,r 0" ~ r- ( N .. ~~ N :3~... 0.... 2: (J~ is a... ,.,?J ,. M ':0;:- i .~{" k I :z :L:Z ~ % :UlJ.! :::> IOu... -, ... ~ cc :3 0\ U ~,. "J >- C) '.- cr; e I:; .., ,.: & .-':' (" uJ ~.'. ) ~- ; l~ 1"-" . ~. j~ ,c_ '~l:~ t. r- . 1"'-'1 C'J '}";/ .-- -, [tt ::.' -:-ILLI i- -. :j w... ,.. _0 ''i 0 0" U I I . JOBJf .. lBUOIIlUlT, I IN TIIII CXlCRT or COI_ PLIIAJI or PlaiD~iff CUNIllIRLlUlIl COUll'rY, P8NNIYLVIIJ(IA ... CIVIL ACTION - LAW IN DIVORCII KlUtIIN N. lIIUOIllUlT, I o.faDc!'D~ NO. 96-3124 CIVIL T1111H I'" PRAECIPB TO WITHDRAW COUNTS IN DIVORCII TO 1'11II orrICII or 'r.D PROTIIONOTIUlYI Pl.... withdr.w the pravious rsqusots for Count II - Couns.l 'ees, Co.t., Exp.ns.s, Count III - Alimony and Alimony Pend.nt. Lit., Count IV - Child Cu.tody, in the above captioned divorce action since thes. matt.rs have b..n ..ti.factorily r.solv.d b.tw.en the parties through a Property S.ttl....nt Agr..m.nt .nt.r.d into 19th day of Novsmb.r 1997. Equitabl. Di.tribution h.. been accompli.h.d, we are waiting for acceptance of gDRO from Husband'. employer. Dat.d. 1-IS-7Y" ~2~ Ruby D. Wee , Esquire Attorney for Defendant CCI Ruby D. We.k., Esquir. Rob rr.y, EBquire -- (") ~ if. - (-. ~ 6"-... U.1('~ ,-,; U'. , u:. ~_: :f' ~i' "- 1;': ~ _0 ; .-I', I"~ '., Et'-:~ , I' '.1 .:1 , !:..l- f~ -, ::5 IJ. CO 0 0' U IN THE COURT OF COMMON PLEAS 0' CUMBERLAND COUNTY, PENNSYLVANIA CIVIL"ACTION - LAW IN DIVORCE 96-3124 CIVIL l'ERH JOHN E. SHUGHART, Plaintiff VB. KAREN M. SHUGHART, DBfendant PETITION TO CLAIM ALIMONY. M.IMON'! PENDENTE LITE. EOUITABLE DISTRIBUTION. COURT COSTS. COUNSEL FEES. AND CUSTODY RUBY D. WEEKS, ESQUIRE 10 WEST HIGH STREET CARLISLE, PA 17013-2955 717-243-1294 ('") V) !?, G 0' '"'Of;~ .no ~ [lIt" c:: t!~., , ~I ~'~~ "2 tc z,.. lI) !" N "5 r- ~: 7J }- h ~-._' .;:. J' E?J ~ 0 ~t ,.j} . ~I . 2~) 1:1:- t:t. ,...:-; : - L-1 1 0 .. ;:l ...r:: ~ ~ -J "-' ~ 0 ..... IU -, ~ n ()J ,-,' ,- i V1 '-" +- f\ (j r ) ;:t- v 0 "" lJ\ (] " JOHN E. SHUGHART. I IN THE COURT 0' COMMON PLEAS 0' Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . VII. . CIVIL ACTION - LAW I IN DIVORCE KAREN M. SHUOHART, . Defendant .96-3124 CIVIL TERM A....IDAVIT 0.. ICARRIAOIl COUNIIKr.INO I, Karen H. Shughart, being duly aworn IIccording to law, depo.e and lIay. 1. I have been advised of ths availllbility of marriaga counBeling and und8rstar.d th~t I m~y ruqusllt that the Court requirs that my Bpou.e and I participate in coun.eling. I und8rBtand that the Court maintain. a liat ot marriage counBelor8 in the prothonotary'. Office, which li.t i. available to me upon requeBt. 3~ Being ao advised, I do o~~equsllt that the Court require that my spou8e and I participate in coun8aling prior to a divorce decree being handed down by the Court. I under8tand that flllBe atatemanta herein are made lIubject to the penalties of 18 Pa. C.S. 54904 relating to unllworn falaification to authoritieB. 2. Dated. ~-(i-(I (,. 1<"""",-, -- ,-yo"' y~ \.......~ ~ar~n M. Bnugnart, De en anc Sworn and Bub8criQs~ to before ml1 thiB, (Nil ot 10.~'1'1.I r >};2~t / ,:;) ) i. ,X; ;. ;.1 o ary c day , , 19.;l..... .IJ. I If NOT^(1"\l !jtAl MAllY\.Vl'A tf':.l(j j.,j,"i/yPIJ'ltll': Cwllrl'l, (:v' ~_ " ' t. .".1'11"1 jrrX!.:~~!~.':'~.1i.}iQ7 , , COUNT III - ALIMONY AND ALIMONY PENDENTE LIT!!: 17. Paragraphl 1 through 16 are hereby incorporated by reference and made a part hereof. 18. Defendant lacks 8ufficient ffiean8 of Bupport at present to fully provide for her reaBonable needB, dOlpite the fact Ihe iB employed. Defsndant requeBtB an award of alimony pendente lite. 19. Defendant requireB resBonable Bupport to adequately maintain herself in accordance with the Btandard of living eBtablilhed during the marriage. 20. Plaintiff is financially able to prcvide for the reasonable needs of Defendant. COUNT IV - CHILD CUSTODY 21. ParagraphB 1 through 20 are hereby incorporated by reference and made a part hereof. 22. There were children born of the marriage: a. John E. Shughart, born June 7, 1979. Said child waB born out of wedlock. b. Matthew w. Shughart, born September 3, 1981. born out of wedlock. c. Jerimy Shughart, born March 25, 1988. Said child was not born out of wedlock. Said child was not 23. Said children are preBently in the cUBtody of their mother, Karen M. Shughart, herein, who reBideB at 149 North MiddleBex Road, CarliBle, Cumberland County, PennBylvania. 24. During the paBt five yearB, the children have reBided with the following personB and at the following addreeBes: a. Prom birth to pre88nt with Karen M. Shughart at 149 North Middlelex Road, Carliale, cumberland County, pennBylvania, 17013. b. From birth to pre8ent with Karen M. Shughart at l49 North Middleaex Road, Carlille, cumberland county, pennBylvania, 17013. c. 'rom birth to prelent with Karen M. Shughart at 149 North Middleaex Road, Carlisle, cumberland county, penn3ylvania, 17013. 25. Defendant has not participated al a party or witne8s, or in another capacity, in othsr litigation concerning the cUBtody of ths children in thil or another court. 26. Defendant haB no information of a cUBtody proceeding concerning the children pending in a Court of thil commonwealth or in any other court in any other jurisdiction. 27. Defendant doe8 not know of a per80n not a party to the proceedingl who haB phYBical cUBtody of ths children or claim8 to have cU8tody or vilitation rightB with re8pect to the children. 2B. Each parent wholo parental r1ghtB to the children have not been t..rminated and the perBonl who have phYlical cUBtody of the children have been named a8 partie8 to thi8 action. There are no other per Ions who are known to have or claim a right to cUltody or viBitation of the children, to intervene. 29. The belt intere8t8 al'd permanent welfare of the children and theil' phYlical, Bpiritual, smotional and moral well-being will be lerved by granting the relief rsquelted. 30. Defendant rsqueat8 joint, Bhared legal cU8tody of the children, with phYBical custody of the children to be with the mother. Liberal vilitation of the children with the father Ihall be aB the court deem8 in the belt intereBtB of the children. ~ . ," , . I l ' .' ~ , I - I I" c' , . " , " . , c. I ( I , - ,". I..' i~) ,. t ) Z OQ< ::>1ZZ U ::>1;:j< -~ o ... i i ~~ ~"..:I ~...."" Ol Ol ~~ '"'= M ..c ..c :;~ 0::>1~~ ell:::: ell.. ti~l!!i ::I.. ::I I: 00 E-<;:lZ..c ..c" ..c0l CIJ.: . Vl'C ~OO c:x:u~O\ "' .1: -" 0 ;:l '"' llo . ~.! ... ::;~ ~;Z _ ~ ffi t: C\I 00 ~= llo .. ~O t-ch>~6' u ....Z I: I:Q -- oil ~ ~ ~ ~ ~VlE-< ..c ~ r-E- = <Z .... Ol -< tia: :l~ E-<~;:l ~ ........ lf~~!H ..:10 <~ ZIloU i:l~ <~OW - ~ ~i - ~ rf ... -.( ;~ ~ .oJ it f JOHN E. SHUGHART, Pluintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 96-3124 CIVIL TERM : IN DIVORCE KAREN M. SHUGHART. Defendant QUALIFIED DOMESTIC RELATIONS ORDER DEFINED CONTRIBUTION PLAN AND NOW, this ,.. duyof 1X.~ (_ , 1997 it appearing to the Court that: I . The parties hereto are husband and wife and a divorce action is presently pending in this Court at the above number; 2. Plaintiff, JOHN E. SHUGHART, Social Security No. 191-46-1925, hereinafter referred to as "Plaintiff' or "Participant," is employed by and is a participant in the Steel Building Erectors, Inc. Profit Sharing Plan, his account being No. 191-46-1925; 3. Defendant, KAREN M. SHUGHART, Social Security No, hereinafter referred to as "Defendant" or "Aile mate Payee," has raised claims of. il/ter alia, equitable distribution of marital property pursuant to the Pennsylvania Divorce Code, 23 Pa. Cons. Stat. ~ 10 let. seq.; 4. Defendant's current and last known mailing address is <..7. (), 0>()~ 5ln', Cumberland County, Pennsylvania; f). ,. \ _ -p ,-~\)IL, \~ '- I ~. 5. Plaintiffs current and last known mailing address is 149 North Middlesex Road, Carlisle, Cumberland County. Pennsylvania; 6. The balance of the aforementioned account is $25,798.59 IT IS ORDERED, ADJUDGED AND DECREED as follows: 1 . The sums in the aforementioned accounts are marital property subject to distribution by this Court. 2. The sum equal to 47.97% of Plaintiffs balance in the aforementioned account, being a portion of the balance in the profit sharing plan is awarded to Defendant, and is to be distributed . to her for the purpose of providing a fund for making distribution to her pursuant to the Agreement of the panics dated November 24, 1997. 3. Payment is to commence as soon as ull required applications under the Plan are submittcd to thc Plan Administrator. Plaintiff and Defendant are to cooperate and jointly execute all documents necessary to withdraw the funds set fonh in paragraph 2 above. 4. The plan to which this Order applies is the Steel Building Erectors, Inc. Prolit Shuring Plan or any successor plan. S. Any reasonable costs incurred by the Plan Administrator to effectuate the tenns and provisions of this Qualified Domestic Relations Order shall be deducted from the proceeds payable. 6. The Alternate Payee shall have the right to roll over the benelits distributed to her pursuant to the tenns and provisions of this Order to an eligible retirement plan such as an Individual Retirement Account or to an Individuul Retirement Annuity. This transfer will be considered a tax-free rollover of the benefits distributed provided that the balance to the credit of the Alternate Payee is distributed or paid within one yeur of receipt. 7. The parties shull promptly notify the Plan Administrator of any change in their addresses from those set fonh above in this Order. 8. The parties shull promptly submit this Order to the Plan Administrator for detennination of its status as a Qualified Domestic Relations Order. IT IS INTENDED that this Order shall qualify as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984 and any successor acts or amendments. The Coun retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984. By the Coun: -Ad J. ~ JOHN E. SHUGHART, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, P~NNSYL VANIA : CIVIL ACTION - LAW : NO. 96-3124 CIVIL TERM : IN DIVORCE KAREN M. SHUGHART, Defendant MOTION AND STIPULATION FOR QUALIFIED DOMESTIC RELA TIONS ORDER AND NOW, come John E. Shughart and Karen M. Shughart, the parties in the above- captioned action, by and through their respective counsel, and jointly make the following motion: I. Plaintiff and Defendant are currrntly husband and wife and are all of the parties to the above-captioned action. 2. Defendant i~ a participant through his employer in the retirement plan known as Steel Building Erectors, Inc. Profit Sharing Plan by virtue of his employment with Steel Building Erectors, Inc.. 3. By written agreement dated November 24, 1997, Plaintiff and Defendant reached a comprehensive property settlement agreement which, illler alia, included distribution of the Steel Building Erectors, Inc. Profit Sharing Plan. 5, To effectuate the agreement between the parties, Plaintiff and Defendant desire that the attached Qualified Domestic Relations Order be entered directing the Steel Building Erectors, Inc. Profit Sharing Plan administrator to disburse the sum equal to 47.97% of Plaintiffs principal and accrued interest in said Plan to Defendant. 0lL~ LtQ.&~>- Ruby D. Weeks, Esquire Attorney for Defendant 10 West High Street Carlisle, Pennsylvania 17013 (717) 243-1294 Respectfully Submitted, _-/t~~ -d. Ro ert G. Frey, Esquire Attorney for Phtintiff 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 '. 'J ~ r' ~ ~. ~ ~ ~ l~ ,.Q "t~ R . . . '. . tli U'\ Ii! I I ~ ~..~ I' o~~ ., ..... Wcnocr. I~I fi I .. -..::;:::1 ~ ., i 0 ~~ I '""1IIlC:l ., ~ ~ ....N tl B . .. ~ ..,!. 101 P: :Il .'] ci~~~ III ~ gj ~ g ., i~~ ! .. t; ., l!l B "1.' f', ('") ..0 ( ...J en :q .c) I f:J n ." ~'J -n .-li-- -.-,I-n ~C) '.~(l) .". "1: : ~ I : 1-- . -l,) . -nt ~-' J ',;::1 .' :.q "J .. ..-1 =:..: . . . ~ G' . medical and Ichool information upon hiB requeBt from echoolB or health care providerl. B. The partie. agra. th. father Ihall have liberal periode of partial cu.tody al both partie. agree from time to time, provided the father provideB the mother a minimum of (48) forty-eight hours advance notice. C. The hUBband agreeB to call before appearing for a vilit and to prearrange periods of partial cuatody at lealt forty-eight (48) hour. in advance. The wife agreel not to unrealonably withhold con8ent for vilitation or periodl of partial cUltody by the father. D. The partiss do not intend at thil time to be more specific with regard to the father'8 periodB of partial cUBtody of the children, but intend to make arrangement I for the father to have liberal periodB of time with the children at Buch locations as he Bhall 8elect, from tims to tims a8 circumstanceB change and a8 the partieB, including the children agree. E. The father Ihall provide all tranlportation to and from hil periodB of partial cUltody. " The partieB shall notify each other in a timely faBhion if it is neces8ary due to an emergency or unforeseen circumBtance for him or her to bo delayed at any of the timeB Bet out herein. It iB intended, howev8r, that time be of the eBlenca, and that the partieB as Btrictly aB pOB8ible comply with the timeB Bet forth herein. 3 G. Notice of child's l~cation (A) The partiel agree that they will each notify ths other parent when a child iB away from the child'l primary re.idence for more than two consecutive nighte and will provide an addrsBB and phone number wher.e the child can be reached. (B) Both parentB Bhall be kept informed a8 to the whereabout. of the children at all times. H; The parties will notify and consult with the other party immediately in caBes of medical emergencies that Occur while the children are in their cUBtody. I. The father agrses to aB8ure the children attend activities Icheduled for the children during hiB period8 of partial cUltody, luch a8 but not limited to Bchool events, activitieB and outing8, 8wimming and other Buch lellon8, birthday and other partie8 to which the children are invited by their friendB. The parties agree to keep each other timely advi.Bed al to these evsnts and activities. J. Neither parent 8hall do anything which may eBtrange ths children from the other parent or injure the opinion of the children if appropriate as to the other parent, or which may hamper the free and natural development of the children's love or affection for the other parent. K. HU8band and wife acknowledge that it iB in the beet intereBtl of the children to have reasonable and liberal contact with both 4