HomeMy WebLinkAbout02-4857
II
RICHELLE L. SHUGHART,
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
vs,
: No, O;Z - 'I'l,S''7
: CIVIL ACTION - AT LAW - IN DIVORCE
: PREVIOUSLY ASSIGNED: N/A
JAMIE L. SHUGHART,
Defendant,
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you, and a decree of divorce, or annulment may be entered against you by
the court, A judgment may also be entered against you for any other claim or relief requested in
these papers by the Plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling, A list of marriage counselors is available in the Office of
the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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
(717) 249-3166
II
i
RICHELLEL. SHUGHART,
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
vs,
: No,
JAMIE L. SHUGHART,
Defendant,
: CIVIL ACTION - AT LAW - IN DIVORCE
: PREVIOUSLY ASSIGNED: N/A
DIVORCE COMPLAINT WITH CUSTODY CLAIM
The Plaintiff, Richelle L. Shughart, by and through her attorneys, The Law Offices of Patrick F.
Lauer, Jr" makes the following Complaint in Divorce:
COUNT I - NO-FAULT DIVORCE - ~~ 3301(c) or 3301(d)
I, The Plaintiff, Richelle L. Shughart, is an adult individual whose current mailing address
is P,O, Box 237, Boiling Springs, Cumberland County, Pennsylvania 17007,
2, The Defendant, Jamie L. Shughart is an adult individual who currently resides at 308
East Louther Street, Carlisle, Cumberland County, Pennsylvania 17013.
3. The Parties have been bona fide residents of the Commonwealth of Pennsylvania for at
least six months immediately prior to the filing of this Complaint.
4, The parties were married on October 18, 1997, in Carlisle, Pennsylvania,
5, There have been no prior actions of divorce or for annulment between the parties.
6. The marriage is irretrievably broken,
7, The Plaintiff and has been advised that counseling is available and that the Plaintiff may
have the right to request that the court require the parties to participate in counseling,
8. This action is not collusive,
WHEREFORE, the Plaintiff requests this Honorable Court enter a Decree of Divorce in this
matter.
COUNT 11- EQUITABLE DISTRIBUTION - ~ 3502(a)
9. Paragraphs one (1) through eight (8) of this Complaint are incorporated herein by
reference as if set forth specifically below.
10. During the course of the marriage, the parties acquired property and incurred debt,
titled jointly, individually, or both, which remains in the possession of the individual parties,
WHEREFORE, the Plaintiff respectfully requests the Court to equitably divide, distribute or
assign the marital property between the parties without regard to marital misconduct in such
proportion as the Court deems just after consideration of all relevant factors and thereby enter an order
of equitable distribution of marital property pursuant to ~ 3502( a) of the Divorce Code,
COUNT III - ALIMONY - ~ 3702
11. The paragraphs one (1) through ten (10) of this Complaint are incorporated herein by
reference,
12, The Plaintiff is the dependent spouse and Plaintiff lacks sufficient property to provide
for her reasonable means and is unable to support herself completely through appropriate employment.
13, Plaintiff requires reasonable support to adequately maintain herself in accordance with
the standard of living established during the maniage.
WHEREFORE, the Plaintiff requests your Honorable Court to enter an aware of reasonable
alimony upon final hearing and permanently thereafter,
COUNT IV - CUSTODYNISITATlON - ~ 5303
14, Paragraphs one (I) through thirteen (13) are incorporated herein by reference,
II
15. There is one dependent child to this maniage or by formal adoption as follows:
Brionna L. Shughart, born 10/30/97 (age 4, going on 5, as of date of filing). The child was not born
out of wedlock,
16, The Plaintiff seeks primary physical custody, partial physical custody or visitation of all
children of this marriage as set forth in Paragraph Fifteen,
17. The minor child is presently in the custody of the PlaintifI; who resides at the address
referenced above in Paragraph One.
18, During the past five years, the children have resided at the following address with the
following persons:
Dates:
Addresses:
List All Persons:
7/5/02 - present
Boiling Springs, PA
(former marital residence)
Mother, Richelle Shughart
Maternal Grandmother, Tonya Shughart
Maternal Aunt, Jenna Morris (age 16)
09/01 - 07/05/02
Boiling Springs, PA
(marital residence)
Father, Jamie L. Shughart
Mother, Riche1le L. Shughart
Maternal Grandmother, Tonya Morris
Maternal Aunt, Jenna Morris (age 16)
Fall 1999 - 09/01
2 Spring Garden St.
Carlisle, P A
Father, Jamie L. Shughart
Mother, Richelle L. Shughart
Birth - Fall 1999
13 West Butler St.
Mt. Holly Springs, PA
Father, Jamie L. Shughart
Mother, Richelle L. Shughart
19, The Mother of the child is the PlaintifI; currently residing at the above referenced
address, Paragraph One. She is manied, but separated from the Defendant.
20, The Father of the children is the Defendant, currently residing at the above referenced
address, Paragraph Two, He is manied, but separated from the Plaintiff.
II
21. The relationship of Plaintiff to the child is that of natural mother, She currently resides
with the following persons: subject child, Brionna Shughart, Maternal Grandmother, Tonya Shughart,
and the Maternal Aunt, Jenna Morris (age 16),
22. The relationship of Defendant to the child is that of presumptive father. He currently
resides with the following persons: Paternal Grandparents,
23, The Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another court.
24, The Plaintiff has no information of a custody proceeding concerning the child pending
in a court of this Commonwealth,
25, The Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the children or claims to have custody or visitation rights with respect to the child.
26, The best interest and permanent welfare of the child will be served by granting the relief
requested, because:
a, Plaintiff can provide the child with adequate moral, emotional, and physical
surroundings as required to meet the children's needs;
b, Plaintiff is willing to continue custody of the child.
c, Plaintiff continues to exercise parental duties and enjoys the love and affection
of the child,
27. Each parent whose parental rights to the child have not been terminated and the person
who has physical custody of the child has been named as parties to this action. No other persons are
known to have or claim a right to custody or visitation, and therefore no notice will be given of the
pendency of this action and the right to intervene, save as to the Defendant.
II
WHEREFORE, The Plaintiff respectfully requests this Honorable Court approve any
settlement reached between the parties; or, in the event they are unable to reach a settlement, grant the
Plaintiff rights of physical custody and/or visitation,
Respectfully su
Date: l t) t?/ {; L.
Matthew J. E e1man, Esquire
Law Offices of Patrick F. Lauer, Jr,
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 72655 Tel. (717) 763-1800
II
VERIFICATION
I, I<\C~.\(e L. ShlJftw+, state that I
above-captioned case and that the facts set forth in the above
D\J()I,*v"~~(~~ true and correct to the best of my knowledge,
information, and belief. I realize that false statements herein ar
am the Thl~ \~ in
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subject to the penalties for unsworn falsification to authoritie
under 18 Pa. C.S. S 4904.
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RlCHELLE L. SHUGHART,
Plaintiff,
vs.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V AN1A
: No, 6:1- 4 ~f- OVJ/
JAMIE L. SHUGHART,
Defendant,
, CIVIL ACTION - AT LAW - IN DNORCE
: PREVIOUSLY ASSIGNED: N/A
The Plaintiff, Richelle L. Shughart, by and through her attorneys, The Law Offices of Patrick F.
PETITION FOR ALIMONY PENDENT LITE
Lauer, Jr" makes the following Complaint in Divorce:
1. The Petitioner is Plaintiff Riche1le L. Shughart, an adult individual whose current mailing
address is P,O. Box 237, Boiling Springs, Cumberland County, Pennsylvania 17007,
2, The Respondent is Defendant Jamie L. Shughart, an adult individual who currently resides
at 308 East Louther Street, Carlisle, Cumberland County, Pennsylvania 17013,
3, The parties were manied on October 18, 1997, in Carlisle, Pennsylvania,
4, A divorce action was filed to the above-captioned matter simultaneously with this Petition,
5, The Plaintiff is the dependent spouse, and Plaintiff lacks sufficient property to provide for
her reasonable means and is unable to support herself completely through appropriate employment.
6, The Plaintiff requires reasonable support to adequately maintain herself in accordance with
the standard of living established during the maniage and to pursue the litigation,
WHEREFORE, the Plaintiff request
l Court 10 - m."", of""""",.
shelman, Esquire
2108 k Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 72655 Tel, (717)763-1800
alimony pendente lite,
Date: )0 \3 lOL
/I
RICHELLE L. SHUGHART,
Plaintiff,
vs.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: No.
JAMIE L. SHUGHART,
Defendant,
: CIVIL ACTION - AT LAW - IN DIVORCE
: PREVIOUSLY ASSIGNED: N/A
ATTORNEy VERIFICATION
The undersigned attorney hereby verifies and states that:
1, He is the attorney for Richel1e L. Shughart,
2, He is authorized to make this verification on behalf of the client(s);
3, The facts set forth in the foregOing Petition for AP,L. are known to him and not necessarily to
his client;
4. This verification is intended to expedite the litigation;
5. A verification of the client will be supplied if demanded;
6, The facts set forth in the foregoing Petition are true and correct to the best of his knowledge,
information, and belief, and
7, He is aware that false statements herein are made subject to the penalties of 18 Pa, C, SA
~ 4904, relating to unsworn falsification to authorities,
Respectfully Slfbmitted,
Date:
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Law Offices of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 72655 Tel. (717) 763-1800
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RICHELLE L. SHUGHART
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
02-4857 CIVIL ACTION LAW
JAMIE L. SHUGHART
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Monday, October 07, 2002
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, November 01, 2002 at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a ternporary
- order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or pennanent order.
The court hereby directs the parties to furnish any and aU existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/
Hubert X. Gilroy. Esq. ~ ~
v
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. 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.
YOU SHOULD TAKE THIS PAPER TO YOUR AITORNEY AT ONCE. IF YOU DO NOT
HAVE AN AITORNEY 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, Pennsylvania 17013
Telephone (717) 249-3166
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESl'IC RELATIONS SECTION
RICHELLE L. SHUGHART ) Docket Number 02-4857 CIVIL
Plaintiff )
vs. ) PACSES Case Number 247104943
JAMIE L. SHUGHART )
Defendant ) Other State ID Number
ORDER OF COURT
You,
JAMIE LEROY SHUGHART
plaintiff/defendant of
308 E LOUTHER ST, CARLISLE, PA. 17013-2529-08
are ordered to appear at DOMESTIC RELATIONS HEARING RM
DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13
before a hearing officer of the Domestic Relations Section, on the
NOVEMBER 12, 2002
at 1:30PM fora hearing.
You are further required to bring to the hearing:
1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed,
2. your pay stubs for the preceding six (6) months,
3. verification of child care expenses, and
4. proof of medical coverage which you may have, or may have availabl
5. information relating to professional licenses
6. other:
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Service Type M
Form CM-509
Worker ID 21302
SHUGHART
V. SHUGHART
PACSES Case Number: 247104943
If you fail to appear for the conference/hearing or to bring the required documents, the
court may issue a warrant for your arrest or enter an order in your absence. If paternity is an
issue, the court may enter an order establishing paternity.
The appropriate court officer may enter an order against either party based upon the
evidence presented without regard to which party initiated the support action.
BY THE COURT:
Date of Order:
DcJ
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JUDGE
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND
REPRESENT YOU. 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 MAY GET LEGAL HELP:
CUMBERLAND CO BAR ASSOCIATION
2 LIBERTY AVE
CARLISLE PA 17013-3308-02
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of CUMBERLAND County is required by law to
comply with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having business
before the court, please contact our office at: (717) 240-6225. All arrangements must be
made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled hearing.
Service Type M
Page 2 of2
Form CM-509
Worker ID 21302
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
RICHELLE L. SHUGHART ) Docket Number 02-4857 CIYIL
Plaintiff )
vs. ) PACSES Case Number 247104943
JAMIE L. SHUGHART )
Defendant ) Other State ID Number
ORDER OF COURT
You,
RICHELLE LEE SHUGHART
plaintiff/defendant of
PO BOX 237, BOILING SPRINGS, PA. 17007-0237-37
are ordered to appear at DOMESTIC RELATIONS HEARING RM
DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13
before a hearing officer of the Domestic Relations Section, on the
NOVEMBER 12, 2002
at 1:30PM for a hearing.
You are further required to bring to the hearing:
1. a true copy of your most recent Federal Income Tax Return, including W -2s, as~led,
2. your pay stubs for the preceding six (6) months, .
3. verification of child care expenses, and
4. proof of medical coverage which you may have, or may have available to you..
5. information relating to professional licenses
6. other:
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Form CM-509
Worker ID 21302
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SHUGHART
V. SHUGHART
PACSES Case Number: 247104943
If you fail to appear for the conference/hearing or to bring the required documents, the
court may issue a warrant for your arrest or enter an order in your absence. If paternity is an
issue, the court may enter an order establishing paternity.
The appropriate court officer may enter an order against either party based upon the
evidence presented without regard to which party initiated the support action.
BY THE COURT:
Date of Order:
nIt L') ')OJl
,
JUDGE
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND
REPRESENT YOU. 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 MAY GET LEGAL HELP:
CUMBERLAND CO BAR ASSOCIATION
2 LIBERTY AVE
CARLISLE PA 17013-3308-02
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of CUMBERLAND County is required by law to
comply with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having business
before the court, please contact our office at: (717) 240-6225. All arrangements must be
made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled hearing.
Page 2 of 2
Form CM-509
Worker ID 21302
Service Type M
RICHELLE L. SHUGHART,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
V.
JAMIE L. SHUGHART,
Defendant
PACSES NO. 088104654
NO. 604 SUPPORT 2002
RICHELLE L. SHUGHART,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
JAMIE L. SHUGHART,
Defendant
~1~4943
INTERIM ORDER OF COURT
AND NOW, this 2 I ~ day of November, 2002, upon
consideration of the Support Master's Report and Recommendation, a copy of
which is attached hereto as Exhibit "A", it is ordered and decreed as follows:
A. The interim order of September 4, 2002, is affirmed as a final order.
B. The Plaintiff's claim for spousal support is denied.
C. The Defendant shall pay to the State Collection and Disbursement Unit
for transmission to the Plaintiff as alimony pendente lite the sum of
$175.00 per month.
D. The effective date of the obligation to pay alimony pendente lite is
November 1, 2002.
The parties are hereby advised that they may file written exceptions to the
Support Master's Report and Recommendation within ten (10) days of this order.
Exceptions shall conform with the requirements of Rule 191 0.12(f), Pa. R. C. P. If
written exceptions are filed by any party, the other party may file exceptions
within ten (10) days of the date of service of the original exceptions. If no
exceptions are filed within ten (10) days of this interim order, this order shall then
constitute a final order.
By the Court,
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cc: Richelle L. Shughart
Jamie L. Shughart
Matthew J. Eshelman, Esquire
For the Plaintiff
Daniel J. Pollock, Esquire
F or the Defendant
DRO
RICHELLE L. SHUGHART,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
PACSES NO. 088104654
NO, 604 SUPPORT 2002
JAMIE L. SHUGHART,
Defendant
RICHELLE L. SHUGHART,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: DOMESTIC RELATIONS SECTION
JAMIE L. SHUGHART,
Defendant
: PACSES NO. 247104943
: NO. 02-4857 CIVIL
SUPPORT MASTER'S REPORT AND RECOMMENDATION
Following a hearing held before the undersigned Support Master on
November 12, 2002, the following report and recommendation are made:
FINDINGS OF FACT
1. The Plaintiff in both the support action and the alimony pendente lite
claim is Richelle L. Shughart, who resides at 205 West Springville
Road, Boiling Springs, Pennsylvania.
2. The Defendant in both actions is Jamie L. Shughart, who resides at
308 East Louther Street, Carlisle, Pennsylvania.
3. The parties are husband and wife, having been married on October
18, 1997.
4. The parties are the parents of one minor child, Brionna Lee Shughart,
born October 30, 1997, who resides with the Plaintiff.
5. The parties separated on or about July 7,2002.
6. The Plaintiff filed a complaint for spousal support and child support on
July 10, 2002, to the case docketed to 604 Support 2002.
7. On or about October 4, 2002, the Plaintiff filed a petition for alimony
pendente lite to the divorce action docketed to 02-4857 Civil.'
1 No request for hearing was filed with said petition,
Exhibit ".1\"
8. In the fall of 2001 the parties moved to the residence of the Plaintiff's
mother for financial reasons.
9. Following a weekend getaway to Atlantic City, New Jersey, over the
July 4th holiday, the Plaintiff told the Defendant she wanted him to
leave her mother's residence.
10, On or about July 7, 2002, the Defendant moved to his parents'
residence, where he continues to reside.
11. The Plaintiff continues to reside with the parties' daughter in her
mother's residence.
12. The Plaintiff's reason for the separation was constant arguing between
the parties, the Defendant's failure to spend sufficient time with the
Plaintiff and their daughter, and because the Defendant gambled.
13. The Plaintiff is employed as a part-time van driver for the Capital Area
Intermediate Unit where her net monthly income is $687.81.
14. The Defendant is employed by Dairy Farmers of America where his
net monthly income is $1,809.65,
15. On September 4, 2002, an interim order was entered setting the
Defendant's child support obligation at $469.50 per month,2
16. The Plaintiff began seeing Joseph Carr after the separation and began
a sexual relationship with him in October, 2002.
17. Mr. Carr stays overnight at the Plaintiff's residence approximately five
nights per week.
18. The Defendant had a significant gambling problem over the course of
the marriage, During the year immediately preceding the separation,
the Defendant significantly reduced his gambling but did not eliminate
it.
19. Despite her knowledge of her husband's gambling problem, the
Plaintiff would accompany the Defendant to the racetrack, to the
casino, and to the bingo, knowing that he would gamble at those
places.
2 The parties stipulated to their respective net monthly incomes and to the appropriateness of the child
support order.
DISCUSSION
While it was the Defendant who physically departed the marital residence,
which at the time of separation was the Plaintiff's mother's home, there is no
dispute that it was the Plaintiff who was the initiating cause of the separation,
She freely admitted in her testimony that she told the Defendant to leave the
home, Because the home is owned by his mother-in-law, it cannot be said that
the Defendant left the residence on his own volition. He testified quite
convincingly that he did not want to separate from his wife. Consequently this
case will be viewed as if the Plaintiff voluntarily separated from the Defendant.
A dependent spouse who voluntarily departs from the martial residence
without adequate legal cause forfeits her right to support. McKolanis v.
McKolanis, 644 A.2d. 1256 (Pa. Super. 1994). The term "adequate legal cause"
while not being specifically defined, does not equate to legal grounds for a fault
divorce. Myers v. MYers, 592 A.2d. 339 (Pa. Super. 1991). There must be more
than a mere allegation that the offending spouse has made the Claimant's marital
life unbearable without providing supporting facts. Martin v. Martin, 423 A.2d, 6
(Pa. Super. 1980). The facts must be analyzed on a case-by-case basis.
Clendennina v. Clendennina, 572 A.2d. 18 (Pa. Super. 1990).
In this case the Plaintiff testified that the parties argued constantly and that
the Defendant did not spend sufficient time with the Plaintiff and their daughter.
Even if true, these facts would not, in the opinion of this Master, constitute
adequate legal cause for the separation. The remaining allegation, that the
Defendant had a gambling problem, required more careful scrutiny. The
Defendant admitted that years prior to the separation he had a gambling
addiction. He testified further, however, that in the year immediately prior to the
separation he had gambled far less frequently. The Plaintiff did not dispute this.
The Plaintiff also agreed that she frequently accompanied the Defendant to the
racetrack, to the casino in Atlantic City, and to bingo games, knowing that he
would gamble at those locations. The Plaintiff cannot be allowed to rely on the
Defendant's propensity to gamble as legal cause for a separation while at the
same time acting in a manner that would support the offensive behavior. The
Plaintiff's conduct after the separation must also be examined. She admitted that
within four months of the breakup with her husband she was engaged in a sexual
relationship with another man who now is spending an average of five nights per
week at her residence. While a wife's right to support is not automatically
terminated by her commission of adultery after the separation, Carmack v,
Carmack, 407 A.2d. 1314 (Pa. Super. 1979), the line of cases which have
permitted continued support generally involve scenarios where the husband also
was engaging in extra-marital sex. See e.g., Helman v. Helman, 371 A.2d. 964
(Pa. Super. 1977). The testimony did not reveal that to be the case in this action.
This matter is a case where alimony pendente lite is the more appropriate
remedy than spousal support, Alimony pendente lite is intended to enable a
dependent spouse to prosecute or defend a divorce action on more equal footing
with his or her spouse. Litmans v. Litmans, 673 A.2d. 382 (Pa. Super. 1996),
Fault on the part of the claimant is not a defense to a claim for alimony pendente
lite. Little v. Little, 47 Cumberland L.J. 131 (1998). If warranted in the case, the
amount of the APL award is calculated pursuant to the guidelines, Clouse v.
Clouse, 50 Cumberland L.J. 167 (2001). In this case the Defendant's income
greatly exceeds that of the Plaintiff. They are not on equal footing financially to
prosecute the pending divorce action. The Defendant is living with his parents
rent-free. Although paying a child support order, the Defendant would not be
overly burdened by paying a reasonable award of alimony pendente lite.
The Defendant's net monthly income is $1,809.65. Subtracting from that
amount his child support obligation of $469.50 and the Plaintiff's net monthly
income of $687.81 leaves a balance of $652.34. Multiplying this last figure by
30% in accordance with Pa. R. C. P. 1910.16-4, a guideline order of alimony
pendente lite would be $195.70 per month,
A support award calculated under the guidelines is presumed to be
correct, but the presumption may be rebutted by evidence that the guideline
amount is unjust or inappropriate under the circumstances of the case, Landis v.
Landis, 691 A.2d. 939 (Pa. Super. 1997). The Defendant has recently been in an
automobile accident in which his car has been damaged beyond repair. He owes
the bank a deficiency of $800,00 on the loan for that vehicle, and he must
purchase another vehicle to get to his place of employment. He is also paying on
marital debts incurred before the separation, to include medical bills for the
Plaintiff. Under the circumstances, a recommendation will be made to deviate
from the guidelines and establish the Defendant's APL obligation at $175.00 per
month. The effective date of the order shall be November 1, 2002.
RECOMMENDATION
A. The interim order of September 4, 2002, is affirmed as a final order.
B. The Plaintiff's claim for spousal support is denied.
C. The Defendant shall pay to the State Collection and Disbursement
Unit for transmission to the Plaintiff as alimony pendente lite the
sum of $175.00 per month.
D. The effective date of the obligation to pay alimony pendente lite is
November 1, 2002.
~O~~ l~,
Date
2..00 2..
~,~QJ]~
Michael R. Rundle
Support Master
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsylvania
Co.lCity/Dist. of CUMBERLAND
Date of Order/Notice 11/21/02
Tribunal/Case Number (See Addendum for case summary)
o Original Order/Notice
o Amended Order/Notice
o Terminate Order/Notice
EmployerMiithholder's Federal EIN Number
RE: SHUGHART, JAMIE L.
{)J!/. ~cf/ 5.;1()'i,. Employee/Obligor's Name (Last, First, Mil
~~SES. o~tltJ4{"s-Y
DAIRY FARMERS OF AMERICA bll 3/'fI t
4825 OLD GETTYSBURG RD .
MECHANICS BURG PA 17055-4814 I/IIIl-- . . I.
I1Ife.SfS ;1.'1710 'If I{ 3
i)1( ~.till'~
163-56-8905
Employee/Obligor's Social Security Number
7034101000
Employee/Obligor's Case Identifjer
(See Adlkndum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMA TION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee'sfobligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 644.50 per month in current support
$ 30.50 per month in past-due support Arrears '12 weeks or greater? Oyes @ no
$ 0.00 per month in medical support
$ 0 . 00 per month for genetic test costs
$ permonth in other (specify)
for a total of $ 675.00 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 155.77 per weekly pay period.
$ 311.54 per biweekly pay period (every two weeks).
$ 337.50 per semimonthly pay period (twice a month).
$ 675; 00 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) wor"ing days afterthe date of this
Order/Notice. Send payment within seven (7) working days of the paydateldate of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee'sf obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #10 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
Service Type M
OMS No.: 0970-0154
7Uj)(pe
Form EN-028
Worker ID $IATT
Date of Order:
NOV Z 2 2002
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o If ~hecked you are required to provide a copy of this form to your employee. If your employee 1I\'0rks in a state that is
different from the state that issued this order, a copy must be provided to your employee even if the box is not checked.
1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned
businesses located on a reservation that choose to withhold in accordance with this notice,
2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
3. Combining Payments: You can combine withheld amounts from more thanone employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employee/obligor.
4." Reporting tl,e raydate!Date of Withholding. You Il,ust report the pay date/date of ..i.lhholding ..I,elo sendilog the payll,ent. -'Fhe--
paydateldate of ..itl ,I ,old ilo8 is tl,e date on "hid, ld"OUI,t "as ..ithl,eld from the elo,ployee's ,.ages. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
5.' Employee/Obligor with Multiple Support Holdings: If there is more than one Order.INotice to Withhold Income for Support against
this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #10 below)
6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below.
WITHHOLDER'S ID: 2412100182
EMPLOYEE'S/OBLlGOR'S NAME:
EMPLOYEE'S CASE IDENTIFIER:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
SHUGHART. JAMIE L.
7034101000 DATE OF SEI'ARATJON:
7. Lump Sum Payments: You may be required to report and withhold from lump sum p,ayments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
8. Liability: If you fail to withhold income as the Order/Notice directs,you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
9. Antkliscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment,
refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law
governs unless the obligor is ernployed in another State, in which case the law of the State in which he or she is employed governs,
10.' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.S.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly eamings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes.
11. Additional Info:
"NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
Submitted By:
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (717) 240-6248 or
by internet www.childsupport.state.pa.us
Service Type M
Page 2 of 2
Form EN-028
Worker 10 $IATT
9MB No.; 0970-0154
ADDENDUM
Summary of Cases on Attachmen!
Defendant/Obligor: SHUGHART, JAMIE L.
PACSES Case Number 088104654111~u y PACSES Case Number 247104943/ ?} a/o>
Plaintiff Name Plaintiff Name
RICHELLE L. SHUGHART RICHELLE :L. SHUGHART
Docket Attachment Amount Docket Attachment Amount
00604S 2002 $ 500.00 02-4857 eIVIL $ 175.00
Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB
IlRI9lili"J:.J;:E .:31WGHART.
dli~~:~~:;~~~~~~~;~~i;~;~~~;~I;~~~~~il~:;~~~{
identified above in any health insurance coverage available
through the employee'slobligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee'slobligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
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..'.,...,.;.,_.."-;-..-,-,....,........,.,,..,.,.. .-..:......_-_.,-.,-"..'.-'....,.,....,---.-,,-,.,...,.........,',',',........'..,'...'. _.-.-.,---'-','.:.
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bli~h~~k~,;~~ ar~;~~~ir~t~~~;~ilthe ~hild(ren)
identified above in any health insurance coverage available
through the employee'slobligor's employment.
Addendum
Service Type M
OMB No.: 0970-0154
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee'slobligor's employment.
PACSES Case Number
Plaintiff NamE~
Docket Attachment Amount
$ 0.00
Child(reni's Name(s}:
DOB
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the ernployee's/obligor's employment.
PACSES Case Number
Plaintiff Name:
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
o If checked" you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the ennployee'slobligor's employment.
Form EN-028
Worker ID $IATT
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RICHELLE L. SHUGHART,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v
CIVIL ACTION - LAW
JAMIE L. SHUGHART,
Defendant
NO. 02 - 4857 CIVIL
IN CUSTODY
COURT ORDER
AND NOW, this \7tl. day of March, 2003, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
1. A hearing is scheduled in Courtroom No. I of the Cumberland County
Courthouse on the &4 day of ~ ' 2003, at
r:3/J -LL,M. At this hearing, th mother shall be the moving party and
shall proceed initially with testimony. Counsel for the parties shall file with
the court and opposing counsel a memorandum setting forth the history of
custody in this case, the issues currently before the court, a summary of each
party's position on these issues, a list of witnesses who will be called to testify
at the hearing and a summary of the anticipated testimony of each witness.
This memorandum shall be tiled at least tive (5) days prior to the mentioned
hearing date.
2. Pending further order of this court, the following temporary custody order is
entered:
A. The Mother, Richelle L. Shughart, and the Father, Jamie L.
Shughart, shall enjoy shared legal custody of Brionna L. Shughart,
born October 30, 1997.
B. The Mother shall enjoy primary physical custody of the minor child.
C. The Father shall enjoy periods of temporary physical custody of the
minor child as follows:
i. On alternating weekends from Friday at 6:00 p.m. until
Sunday at 6:00 p.m.
ii. Every Wednesday and every other Tuesday evening from 5:00
p.m. until 9:00 p.m. These days may be moditied by
agreement of the parties.
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iii. At such other times as agreed upon by the parties.
3. In the event legal counsel for the parties believe that further negotiations with
the conciliator would result in a resolution of this case prior to the hearing,
the legal counsel may contact the conciliator directly to schedule another
custody conciliation conference.
Daniel Pollock, Esquire
Matthew J. Eshleman, Esquire
BY THE COURT,
~tJ/~eo/[ J.
~ /Wt.-a~~ 3. J i' .0
~.
~ .
RICHELLE L. SHUGHART,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v
CIVIL ACTION - LA W
JAMIE L. SHUGHART,
Defendant
NO. 02 - 4857 CIVIL
IN CUSTODY
Prior Judge:
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent infonnation pertaining to the child who is the subject of this litigation
is as follows:
Brionna L. Shughart, born October 30, 1997.
2. A Conciliation Conference was held on March 7, 2003, with the following individuals
in attendance:
The Mother, Richelle L. Shughart, with her counsel, Matthew J. Eshleman, Esquire;
and the Father, Jamie L. Shughart, with his counsel, Daniel Pollock, Esquire.
3. The Mother has initiated this custody petition. The parties have worked through
their attorneys a few times to try to work the matter out and it was apparent that the
parties could not agree at a custody conciliation conference. The parties agree with
mother having primary physical custody of the minor child and the parties have
shared legal custody of the minor child. At issue are matters such as how much time
the Father has during the week. Of significance is the Mother's request that the
Father be restricted with respect to how he handles the situation when he has custody
of the minor child. Mother is suggesting the Court Order limit the Father with
respect to his ability to take the child to the racetrack, to his softball games, to poker
parties, etc. Additionally, Mother expresses concern with respect to the nature of the
people the Father is associating with when he has custody of the minor child. It is
apparent that Mother wants to express these concerns to the court in order to request
the court to direct certain limitations with respect to the Father relative to when he
has custody of the minor child. Otherwise, the parties cannot agree on very much.
4. The conciliator recommends the entry of an order in the fonn as attached.
! (II! (};3
DATE
Hubert X. Gilroy, Esq .
Custody Conciliator
II
RICHELLE L. SHUGHART,
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
vs.
. CIVIL ACTION - LAW
JAMIE L. SHUGHART,
Defendant,
: NO. 02 - 4857 IN CUSTODY
: PREVIOUSLY ASSIGNED: J.OLER
MOTION TO WITHDRAW CUSTODY COMPLAINT
AND NOW COMES the Pla.intiH: Richelle L. Shughart, by and through her attorneys, The
Law Offices of Patrick F. Lauer, Jr., and makes the following request:
1. A divorce complaint with a custody count was filed on October 4,2002.
2. On March 7, 2003 a Custody Conciliation Conference was held before Herbert Gilroy,
Esquire. A copy of the Conciliation Conference Summary Report is attached as Exhibit "A:'.
3. As a result of the parties not being able to agree on issues of the nature of Father's
visitation and custody at the Conciliation Conference a Hearing was scheduled before The Honorable 1.
Wesley Oler, Judge for June 16, 2003 at 9:30 AM.
4. Pending the Hearing, a temporary custody order was entered on March 17, 2003, a
copy of which is attached hereto as Exhibit "B".
5. Since the time of the March 7th conference, the parties have resolved their differences
with respect to how Father handles his periods of custody and visitation, where the child is taken and
with whom the child comes in contact.
11
WHEREFORE, the Plaintiff is now requesting that: the Custody hearing for June 16, 2003 be
cancelled and the temporary order of March 17, 2003 be ratified as the current order.
Date:
Respectfully submitted,
--
--
(
Matthew i shelman, Esquire
Marlin L. Markley, Esquire ID# 84745
The Law Offices of Patrick F. Lauer, Jr., LLC
2108 Market Street, Camp Hill, P A 17011
ID# 72655, Tel. (717) 763-1800
11
RICHELLE L. SHUGHART,
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
vs.
JAMIE L. SHUGHART,
Defendant,
: NO. 02.. 4857 IN CUSTODY
: PREVIOUSLY ASSIGNED: IOLER
VRRTFTl;A TION
I, Richelle L. Shughart state that I am the Plaintiff in the above-captioned case and that the facts
set forth in the above Motion to Withdraw Custody Complaint are true and correct to the best of my
knowledge, information, and belief. I realize that false statements herein are subject to the penalties for
unsworn falsification to authorities under 18 Pa. C.S. ~ 4940.
Date: 5 a 3 {)3
RlCHELLE L. SHUGHART,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
JAMIE L. SHUGHART,
Defendant
NO. 02 - 4857 CIVIL
IN CUSTODY
Prior Judge:
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent infonnation pertaining to the child who is the subject of this litigation
is as follows:
Brionna L. Shughart, born October 30, 1997.
2. A Conciliation Conference was held on March 7,2003, with the following individuals
in attendance:
The Mother, Richelle L. Shughart, with her counsel, Matthew J. Eshleman, Esquire;
and the Father, Jamie L. Shughart, with his counsel, Daniel Pollock, Esquire.
3. The Mother has initiated this custody petition. The parties have worked through
their attorneys a few times to try to work the matter out and it was apparent that the
parties could not agree at a custody conciliation conference. The parties agree with
mother having primary physical custody of the minor child and the parties have
shared legal custody of the minor child. At issue are matters such as how much time
the Father has during the week. Of significance is the Mother's request that the
Father be restricted with respect to how he handles the situation when he has custody
of the minor child. Mother is suggesting the Court Order limit the Father with
respect to his ability to take the child to the racetrack, to his softball games, to poker
parties, etc. Additionally, Mother expresses concern with respect to the nature of the
people the Father is associating with when he has custody of the minor child. It is
apparent that Mother wants to express these concerns to the court in order to request
the court to direct certain limitations with respect to the Father relative to when he
has custody of the minor child. Otherwise, the parties cannot agree on very much.
i
4. The conciliator recommends the entry of an order in the form as attached.
1. (III ();3
DATE
W
Hubert X. Git:: Esqu'
Custody Conciliator
/'
RICHELLE L. SHUGHART,
Plaintiff
IN THE COURT OF COMMON PLEAS tw 1 3 2003
CUMBERLANU COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
JAMIE L. SHUGHART,
Defendant
NO. 02 - 4857 CIVIL
IN CUSTODY
COURT ORDER
AND NOW, this /7 ~) day of March, 2003, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
1.-
A hearing is scheduled in Courtroom No. -1-_ of the Cumberland County
Courthouse on the / ~ ~ day of -cT, ~ -:--:- , 2003, at
q: 30 ~.M. At this hearing, ~r shall be the moving party and
shall proceed initially with testimony. Counsel for the parties shall file with
the court and opposing counsel a memorandum setting forth the history of
custody in this case, the issues currently before the court, a summary of each
party's position on these issues, a list of witnesses who will be called to testify
at the hearing and a summary of the anticipated testimony of each witness.
This memorandum shall be filed at least five (5) days prior to the mentioned
hearing date.
2.
Pending further order of this court, the following temporary custody order is
entered:
A. The Mother, Richelle L. Shughart, and the Father, Jamie L.
Shughart, shall enjoy shared legal custody of Brionna L. Shughart,
born October 30, 1997.
B. The Mother shall enjoy primary physical custody of the minor child.
C. The Father shall enjoy periods of temporary physical custody of the
minor child as follows:
i. On alternating weekends from Friday at 6:00 p.m. until
Sunday at 6:00 p.m.
ii. Every Wednesday and every other Tuesday evening from 5:00
p.m. until 9:00 p.m. These days may be modified by
agreement of the parties.
fd.,.u lW
iii. At such other times as agreed upon by the parties.
3. In the event legal counsel for the parties believe that further negotiations with
the conciliator would result in a resolution of this case prior to the hearing,
the legal counsel may contact the conciliator directly to schedule another
custody conciliation conference.
BY THE COURT!.
I:; J r;~ Iv~ (({~(., 9 J.
I I '
cc: Daniel Pollock, Esquire
M~tthew J. Eshleman, Esquire
TR!JE COpy FROM RECORD
In T~tmnoy wherecf, I here U!'ito aet ba
and tr~ :1f! \.It 5,;.id Court a.t Carli* m,r. rid
T"'" I · ~ day ~~ 2o.U
(/~~~1 . - ~~
' ... J ~
Protta!)r.::Aari -
'I
RICHELLE L. SHUGHART,
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
JAMIE L. SHUGHART,
Defendant,
: NO. 02.. 4857 IN CUSTODY
: PREVIOUSLY ASSIGNED: IOLER
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing MOTION upon the persons
and in the manner indicated below, which services satisfies the requirements of the Pennsylvania Rules
of Civil Procedure, by first class mail addressed as follows:
Daniel Pollock, Esquire
3105 Old Gettysburg Road
Camp Hill, PA 17011
S/~"l /~.3
Date:
~Li7d~
Matthew 1. EshelmaD, Esquire
Marlin L. Markley, Esquire
Law Offices ofPatrickF. Lauer, Jr., LLC
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 72655 Tel. (717) 763-1800
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RICHELLE L. SHUGHART,
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: Gillv1B~~AND COUNTY, PENNSYL VANIA
~,jCNII/ACTION - LAW
vs.
. I( ,', .... .../ ", .,
. ",
JAMIEL. SHUGHART,
Defendant,
: NO. 02 - 4857 IN CUSTODY
: PREVIOUSLY ASSIGNED: J.OLER
PRA RCWR TO WITHDRAW APPRARANCR
TO THE PROTHONOTARY:
Please withdraw the appearance of Law Offices of Patrick F. Lauer, Jr., in the above-captioned
action.
Res
Date: ~lJI D ')
Law ce ofPatrickF. Lauer, Jr., LLC
2108 Mark Street
Camp Hill, Pennsylvania 17011
ID#46430 Tel. (717) 737-1800
PRA RCTPR TO RNTER A PPF,A RA NC'E
TO THE PROTHONOTARY:
Please enter the appearance of Riche lIe L. Shughart, pro se in the above-captioned action.
Date: S /;;1 S/ D.3
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JUN 0 4 2003 0/
RICHELLE L. SHUGHART,
Plaintiff,
vs,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
JAMIE L, SHUGHART,
Defendant,
: No, 02 - 4857 IN CUSTODY
: PREVIOUSLY ASSIGNED TO: J.OLER
ORDER OF COURT
And now, this ~ day of..J' W7C- 2003, upon consideration of the attached
Motion to Withdraw Custody Comp~ this motion is hereby r......ntPJi 10 ~c. ~t r
1ft<. Gu.lvd) BBRl.flleint ill ..~~ ~s ~.ourt's Order of March 17, 2003 is to remain in effect.<:'l)d
t'-'o. "'c.e..H~~ S~~'-IU t.a.r :r~c.... '" I Leo ~ I Is"
~ 2J?e.t!....{{td. . BY THE COURT:
>t~..
n;~trihl1tjnn: .,.MlIlfhew J. E<hP.llmln, Esq,
....Baniel Pollack, Esq,
RKS
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
RICHELLE L. SHUGHART ) Docket Number 02-4857 CIVIL
Plaintiff )
vs. ) PACSES Case Number 247104,943
JAMIE L. SHUGHART )
Defendant ) Other State ID Number
PETITION FOR MODIFICATION
OF AN EXISTING SUPPORT ORDER
1. The petition of
JAMIE LEROY SHUGHART
respectfully
represents that on NOVEMBER 21, 2002 , an Order of Court was entered for
APL of
RICHELLE LEE SHUGHART
A true and correct copy of the order is attached to this petition.
Service Type M
Form OM-50l
Worker ID 21005
SHUGHART
V. SHUGHART
PACSES Case Number: 247104943
2. Petitioner is entitled to 0 increase 0 decrease . termination 0 reinstatement
o other of this Order because of the following material and substantial change(s) in
. t . 1 iii is'/' to tef~jV\"te -11,.e. .AfL pea:rqse. :r. 'f1,)~K f'Ii~~e is Nt ~i'1/1I'..;
Clrcums ance. . _ I.M. e $It<e "Iwa.h~' Ct'M"f. ' ,1 .
file {ivpf{!e. f"(1fIt\'i; ~elUlASe ski wal<t-5 f(e "'"'l"I'~ .-Ell/4ft , :n~' ",~s "l'IIt't<T b\<:?i-
It''''''lt.je,,,,,,,,..A ,..,~JJ.::I - 5Ite... l~el<W<7<t:l /t>t.j., ~llfA'~ +Jcf<,y..., die ielD' /lit. f4 e. W"lrf!!fd
.~;r~po~~ 1~~;~:~?;~~~C~~' ::;~ tvz/tfb';;;';:;;/:;:":r::<!-
We. S'eFMt l~y~1'5 qF, -----y: 5J. ~~r~'~' '. i:~ ':
':fA "-fell ~d!-~'\- if. ' ~ ~~d~ W~:;--~ ~(
I'&lr~ ~ ~rg <1P ~ f~~ ([XJ~II-\. LIf1L. 'IT'> ~ I*~ <'(lid. .f;.~~
.....~ 'f-wo.rck... 4tf'#- effolf'kS in ~UiL(J{A(f' I'Yttf'f\/q;re.-I/<<r Cfrr:.-
:so QAL B ~lj\.i<s ~ s;a lJQ.. (
WHEREFORE, Petitioner requests that the Court modify the existing order for support.
fA.':, -;-j ~.
Petitioller Attorney for Petitioner
I verify that the statements made in this complaint 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.
3-30-0Lj-
~.L~~
Petit. ner -
Date
Page 2 of 2
Form OM-SOl
Worker ID 21005
Service Type M
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsylvania
Co.lCity/Dist. of CUMBERLAND
Date of Order/Notice 03/30/04
Tribunal/Case Number (See Addendum for case summary)
o Original Order/Notice
o Amended Order/Notice
o Terminate Order/Notice
EmployerMtithholder's Federal EIN Number
RE: SHUGHART, JAMIE L.
Employee/Obligor's Name (last, First, MI)
163-56-8905
Employee/Obligor's Social Security Number
7034101000
Employee/Obligor's Case Identifier
11/ bOY 5 ~~:? ISeeAddendumforplaintiffnames
/lI ~ s."s,: OfJiJ/C;l!C" cy associated with cases on attachment}
}f C!. Custodial Parent's Name (Last, First, MJ)
'bjj, .;JD{J). -'/(;5''7 C'i i//L
p~~!> Cll/7/0Y9Y3
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee'slobligor's income until further notice even if the Order/Notice is not
issued by your State,
$ 730.00 per month in current support
$ 30.50 per month in past,due support
$ 0.00 per month in medical support
$ 0.00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 760 .50 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 175.50 per weekly pay period,
$ 351.00 per biweekly pay period (every two weeks).
$ 380,25 per semimonthly pay period (twice a month).
$ 760.50 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding, You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings, For the purpose of the limitation on withholding, the following information is
needed (See #10 on pg, 2),
DAIRY FARMERS OF AMERICA
4825 OLD GETTYSBURG RD
MECHANICSBURG PA 17055-4814
Arrears 12 weeks or greater?
Oyes @ no
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instructions,
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
Service Type M
-~: 2. '2QUr'- BY THE COURT: ~
MAR 3 1 20~ W--r ('2
'~I))tc5 (F- V c{ 'J~:72.JLlI.,e
Form EN-02B
OMBNo.:0970-Q154 Worker ID $IATT
Date of Order:
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
D If checked you are required to provide a copy of this form to your employee, If your employee works in a state that is
ditterent from the state that issued this order, a copy must be provided to your employee even if the box is not checked.
1, We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned
businesses located on a reservation that choose to withhold in accordance with this notice.
2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income,
Federal tax levies in effect before receipt of this order have priority, If there are Federal tax levies in effect please contact the requesting
agency listed below,
3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding, You must. however, separately identify the portion of the single payment that is attributable to each
employee/obligor,
4, * RepMi"g the Paydate/Date afWithholding: You mu,t report the pard.teld.te: ofhithholdi"g "I,e" se"di',g tile par",ent. The
p.ydat";date of ""ithholding i, the date 01, which amount was withheld from the emplvyee" wage', You must comply with the law of the
state of the employee'slobligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and fOlWard the support payments,
5, * EmployeelObligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee'slobligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible, (See #1 0 belowl
6, Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you,
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below,
WITHHOLDER'S 10: 2412100182
EMPLOYEE'S/OBLlGOR'S NAME:
EMPLOYEE'S CASE IDENTIFIER:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
SHUGHART, JAMIE L.
7034101000 DATE OF SEPARATION:
7, Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
8, Liability: If you fail to withhold income as the Order/Notice directs. you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs,
9, Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment,
refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding, Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs,
10.' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts aI/owed by the Federal Consumer Credit
Protection Act (15 U,S,C, ~1673 (bl1; or 2) the amounts aI/owed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE), ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes.
11, Additional Info:
* NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items,
Submitted By:
DOMESTIC RELATIONS SECTION
13 N, HANOVER ST
P,O. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 24()'6225 or
by FAX at (717) 24()'6248 or
by internet www.childsupport.state.pa.us
Page 2 of 2
Form EN-028
Worker ID $IATT
Service Type M
OMB No.: 0970-0154
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: SHUGHART, JAMIE L.
PACSES Case Number 088104654
Plaintiff Name
RICHELLE L. SHUGHART
Docket Attachment Amount
00604 S 2002 $ 585.50
Child(ren)'s Name(s):
DOB
PACSES Case Number 247104943
Plaintiff Name
RICHELLE L. SHUGHART
Docket Attachment Amount
02=4'8s7 CIVIL $ 175,00
Child(ren)'s Name(s):
DOB
you are required to enroll the child(ren)
in any health insurance coverage available
through the employee's/obligor's empioyment.
If checked, you are required to enroll the child(ren)
in any health insurance coverage available
empioyee's/obligor's employment.
PACSES Case Number
Plaintiff Name
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0,00
Chiidlren)'s Namels):
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'. Namels):
DOB
you are required to enroll the child(ren)
in any health insurance coverage available
the employee's/obligor's empioyment.
you are required to enroll the childlren)
in any health insurance coverage available
employee's/obligor's employment,
PACSES Case Number
Plaintiff Name
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Childiren)'s Nameis):
DOB
~ Attachment Amount
$ 0,00
Child(ren)'s Name(s):
DOB
you are required to enroll the child(ren)
in any health insurance coverage available
employee's/obligor's employment.
you are required to enroli the child(ren)
in any health insurance coverage available
employee's/obligor's employment.
Addendum
Form EN-028
Worker ID $IATT
Service Type M
OMB No.: 0970-0154
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsylvania
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 03/30/04
Tribunal/Case Number (See Addendum for case summary)
o Original Order/Notice
o Amended Order/Notice
o Terminate Order/Notice
EmployerM/ithholder's Federal fiN Number
RE, SHUGHART, JAMIE L.
Employee/Obligor's Name (last, First, MI)
DAIRY FARMERS OF AMERICA INC
C/O ATTN: GARNISHMENTS & PR
10220 N AMBASSADOR DR
KANSAS CITY MO 64153-2312
bk-l. (.04 5 -;;.oo,?-
PJ\cSf5 CJ '8"0 / 6 YC<0j
163-56-8905
EmployeeJObligorls Social Security Number
7034101000
Employee/Obligor's Case Identifier
(See Addendum for plaintiH names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MO
J;(:/c, ;?~a.. 1/ ~ S'7 C I p /L
~Sf5, ~'f7/D'Iq'l3
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above,named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State,
$ 730.00 per month in current support
$ 30.50 per month in past,due support Arrears 12 weeks or greater? Oyes @ no
$ 0.00 per month in medical support
$ 0 . Q 0 per month for genetic test costs
$ per month in other (specify)
for a total of $ 760.50 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 175.50 per weekly pay period,
$ 351.00 per biweekly pay period (every two weeks),
$ 380.25 per semimonthly pay period (twice a month),
$ 760.50 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice, Send payment within seven (7) working days of the paydate/date of withholding, You are entitled to
deduct a fee to defray the cost of withholding, Refer to the laws governing the work state of your employee for the
allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings, For the purpose of the limitation on withholding, the following information is
needed (See #10 on pg, 2),
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER 10 (shown
abov.. as the Employ..../Obligor's Cas.. Id..ntifi..r) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL. r" "1 ,~ J]t ~~
MAR 3 1 2OOt.;APi.~2.iOf .~t~HE,co~~ -~t$;.?/f
Date of Order: Wk c.h
J. E-5 cl"y {/ , 0J{: . JlJ f}!Pt;'
Form EN,028
Service Type M OMB No.: 0970-0154 Worker ID $IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o If ~hecked you are required to provide a ,opy of this form to your employee, If your employee works in a state that is
different from the state that issued this order, a copy must be provided to your employee even if the box is not checked.
1, We appreciate the voluntary compliance of Federally recognized Indian tribes, triballY-<lwned businesses. and Indian-<lwned
businesses located on a reservation that choose to withhold in accordance with this notice.
2, Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income,
Federal tax levies in effect before receipt of this order have priority, If there are Federal tax levies in effect please contact the requesting
agency listed below,
3, Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding, You must, however, separately identify the portion of the single payment that is attributable to each
employee/obligor,
4,' Reporting the raydate/Date of Withholding, You must report the paydate/date of ..;rl,l,oldi"g when <ending the payment. TI,e
paydateldate of ""ithholding is the date on which am<Junt was withheld from the emploYEc'S wagesc You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments,
5,' EmployeelObligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible, (See #10 below)
6, Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you,
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below,
WITHHOLDER'S 10: 4309058740
EMPLOYEE'S/OBlIGOR'S NAME:
EMPLOYEE'S CASE IDENTIFIER:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
SHUGHART. JAMIE L.
7034101000 DATE Of SEPARATION:
7, Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below,
8, liability: If you fail to withhold income as the Order/Notice directs. you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law, Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs,
9, Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment,
refUSing to employ. or taking disciplinary action against any employee/obligor because of a support withholding, Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
10,' Withholding limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act {15 U,S.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE), ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes.
11, Additional Info:
'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items,
Submitted 8y:
DOMESTIC RELATIONS SECTION
13 N, HANOVER ST
P,O, BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (7171 2AO-6248 or
by internet www.childsupport.state.pa.us
Page 2 of 2
Form EN-028
Worker ID $IATT
Service Type M
OMB No.: 097Q.{1154
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: SHUGHART, JAMIE L.
PACSES Case Number 088104654
Plaintiff Name
RICHELLE L. SHUGHART
Docket Attachment Amount
00604S 2002 $ 585.50
Child(ren)'s Name(s):
DOB
PACSES Case Number 247104943
Plaintiff Name
RICHELLE L, SHUGHART
Docket Attachment Amount
02=4857 CIVIL$ 175.00
Child(ren)'s Name(s):
DOB
you are required to enroll the child(ren)
in any health insurance coverage available
employee's/obligor's employment.
you are required to enroll the child(ren)
in any health insurance coverage available
employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
you are required to enroll the child(ren)
in any health insurance coverage available
employee's/obligor's employment.
you are required to enroll the child(ren)
in any health insurance coverage available
employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0,00
Child(ren)'s Name(s):
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
you are required to enroll the child(ren)
in any health insurance coverage available
employee's/obligor's employment.
you are required to enroll the child(ren)
above in any health insurance coverage available
employee's/obligor's employment.
Addendum
Form EN-028
Worker ID $IATT
Service Type M
OMBNo.:0970-Q154
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
RICHELLE L. SHUGHART ) Docket Number 02-4857 CIVIL
Plaintiff )
vs, ) PACSES Case Number 247104943
JAMIE L. SHUGHART )
Defendant ) Other State ID Number
ORDER FOR COURT HEARING
AND NOW, this
31ST DAY OF MARCH, 2004
Richelle L. Shughart & Jamie L. Shughart
has filed an appeal to the COurt'S Order of
NOVEMBER 21, 2002 , and demand has been made for a hearing before the Court.
It is therefore hereby Ordered that both parties appear before the Court on the
26TH DAY OF APRIL, 2004
at 1:30PM at DOMESTIC RELATIONS HEARING RM
DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13
for a hearing in this matter.
You are further required to bring to the hearing:
'"
c-"
I, a true copy of your most recent Federal Income Tax Return, including W ,2s, ~,
2, your pay stubs for the preceding six (6) months,~~~
3, verification of child care expenses, and :> "'", I
4. proof of medical coverage which you may have, or may have available to you ,:5 ~ ~
5, other 8 n )>
C-ffTI
z_
-<0
Both Child Support matter and APL matter will be heard bY<~e
Master in this hearing.
<;9
Support
0-
Service Type M
Form OE-OI6
Worker ID 21302
SHUGHART
V. SHUGHART
PACSES Case Number: 247104943
If you fail to appear for the hearing or to bring the required documents, the court
may issue a warrant for your arrest or enter an order in your absence.
BY THE COURT:
Date of Order: M.:>,(. ( $/1 :JooY
tt{
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATfEND THE HEARING AND
REPRESENT YOU. 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 MAY GET LEGAL HELP:
32 S BEDFORD ST
CARLISLE PA 17013-3302-32
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of CUMBERLAND County is required by law to
comply with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having business
before the court, please contact our office at: (717) 240-6225. All arrangements must be
made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled hearing.
Service Type M
Page 2 of 2
Fonn OE-016
Worker 1D 21302
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en
.c:-
RICHELLE L, SHUGHART,
Plaintiff
v,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: DOMESTIC RELATIONS SECTION
JAMIE L. SHUGHART,
Defendant
PACSES NO. 247104943
DOCKET NO. 0:2-4857 CIVIL
INTERIM ORDER OF COURT
AND NOW, this, 2K...lfay of .&.:L, 2004, upon consideration of the
Support Master's Report and Recommendation, a copy of which is attached
hereto as Exhibit "A", it is ordered and decreed as follows:
The order of November 21, 2002 obligating the Defendant to pay alimony
pendente lite is terminated effective March 30, 2004. Any credit to the Defendant
which may result from this order shall be applied to his child support obligation al
604 Support 2002.
The parties are hereby advised that they may file written exceptions to the
Support Master's Report and Recommendation within ten (10) days of this order.
Exceptions shall conform with the requirements of Rule 191 0.12(f), Pa. R.C.P, If
written exceptions are filed by any party, the other party may file exceptions
within ten (10) days of the date of service of the original exceptions, If no
exceptions are filed within ten (10) days of this interim order, this order shall then
constitute a final order,
By the Court,
Cc: Richelle L. Shughart
Jamie L. Shughart
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RICHELLE L. SHUGHART,
Plaintiff
v,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: DOMESTIC RELATIONS SECTION
JAMIE L, SHUGHART,
Defendant
PACSES NO. 247104943
DOCKET NO, 02-4857 CIVIL
SUPPORT MASTER'S REPORT AND RECOMMENDATION
Following a hearing held before the undersigned Support Master on
April 26, 2004 the following report and recommendation are made:
FINDINGS OF FACT
1. The Plaintiff is Richelle L, Shughart, who resides at 207 Front Street, Boiling
Springs, Pennsylvania.
2, The Defendant is Jamie L. Shughart, who resides at 308 East Louther Street,
Carlisle, Pennsylvania,
3, The parties are husband and wife but have resided separate and apart since
July, 2002,
4. In October, 2002 the Plaintiff commenced the present action in divorce,
5, On November 21, 2002 an order was entered requiring the Defendant to pay
to the Plaintiff the sum of $175,00 per month as alimony pendente lite,
6. In 2002 the Plaintiff was represented by Matthew Eshelman, Esquire in the
divorce action.
7. The Plaintiff is no longer represented by Mr. Eshelman and has not retained
new counsel.
8, The Plaintiff has not filed an affidavit of consent to the divorce and has no
present intent to have the action finalized.
9. There are no outstanding claims for equitable distribution of property or for
alimony,
10. The Defendant is prepared to finalize the divorce,
EXHIBIT "A"
de: ()) 1
11. The Defendant's counsel, Daniel Pollock, Esquire, has prepared the
documents necessary to have the divorce deeree issued by the court, but the
Plaintiff has refused to sign them.
12, The Plaintiff does not desire to be divorced from the Defendant at the present
time,
DISCUSSION
The purpose of alimony pendente lite is to enable the dependent spouse to
prosecute or defend a divorce aclion, Litmans v, Litmans. 673 A.2d, 382 (Pa, Super.
1996), An order of alimony pendente lite is intended to cover only that period of time
that the proceeding may with due diligence be proseGuted to a conclusion,
Belskv v, Belsky, 175 A.2d. 348 (Pa. Super. 1962).
The testimony was clear that the Plaintiff in this action has not proceeded with
due diligence to bring the action which she commenced in October, 2002 to a
conclusion. She has not executed, nor does she inlel1d 10 execute, an affidavit of
consent to finalize the proceedings, When an action for divorce is filed under
23 Pa, C,S, Section 3301 (c) of the divorce code as this one is, the Plaintiff must be
prepared to proceed within the minimum time period to finalize the action,
Burk v, Burk, 38 Pa, D&C 3d 558,
While this Master has no power to compel the Plaintiff to executive an
affidavit of consent to the divorce, it is within his authority to recommend lhat the
order of alimony pendente lite entered in this action nE!arly 1 1/2 years ago be
terminated for the Plaintiff's failure to proceed with due diligence,
RECOMMENDATION
The order of November 21, 2002 obligaling the Defendant to pay alimony
pendente lite is terminated effective March 30, 2004. Any credit to the Defendant
which may result from this order shall be applied to his child support obligation at
604 Support 2002.
~vd 21:,,200 t.{
Date
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Michael R. Rundle
Support Master
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IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY,
PENNSYLVANIA
RICHELLE SHUGHART,
Plaintiff
NO, 2002-4857, CIVIL TERM
V,
CIVIL ACTION-LAW
IN DIVORCE
JAMIE SHUGHART,
DEFENDANT
DEFENDANT'S MOTION TO BIFURCATE MATU:R INTO DIVORCE ISSUES
AND ECONOMIC ISSUES
And now here comes Jamie Shughart, by and through his Attorney, Daniel
Pollock, Esq. to ask the court to bifurcate the divorce proceedings from the economic
issues for the fo1\owing reasons.
1. The Plaintiff and Defendant having separated on or about July 5, 2002 have lived
separate and apart for more then 2 years,
2, Issues of Alimony pendant Lite, Spousal support, and child support and custody
have been litigated in this court prior to this motion,
3, The marital property has been divided among the plaintiff and the defendant
according to their wishes as per a verbal agreement
4, Plaintiff in order to punish the Defendant has refused to sign the written evidence
of the verbal agreement.
5, Defendant wishes to get on with his life and be able to pursue other relationships
without the interference of his estranged Wife.
6. Plaintiff is withholding the finalization of this divorce for no apparent reason
noted to the defendant, his counsel, or her counsel of record.
7, Defendant, believing that all economic issues were resolved, submitted the final
paperwork concerning this divorce on or about December 1, 2004
8. Plaintiff has not submitted any objection to the divorce nor has she withdrawn her
economic claims against the defendant from the court's record in spite of her having
possession of the lion's share of the marital property, as per agreement with the
defendant.
Wherefore the Defendant requests that this divorce matter be bifurcated so that he
may be freed from the bounds of matrimony from his estranged wife and be able to
pursue other relationships and be free of any economic responsibility to his estranged
wife that is not already court ordered.
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Daniel Pollock, Esq.
Attorney for the defendant
Jamie Shughart
Daniel Pollock, Esq.
801 Sandbank Road, # 18
Mount Holly Springs, Pa. 17065
Pa, Super, Ct. #70315
( 717) 486-0030
phone and fax
VERIFICATION
I verify that the statements made in this Motion are true and correct to the best of
my knowledge. I understand that false statements knowingly made herein are subject to
the penalties of 18 Pa. C.S, 4904 regarding unsworn falsifications to Authorities.
~~
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DATE
Jamie Shughart
AFFIDAVIT OF SERVICE
On February/7, 2005 I, Daniel Pollock, Esq, did serve a copy of this Motion for
Bifurcation by 1 sl class mail to the following parties.
Matthew Eshelman, Esq.
C/O The Law offices of Saidis, Shuff, Flower and Lindsay
2109 Market Street
Camp Hill, Pa, 17011
Richelle Shughart
207 Front Street
#1
Boiling Springs, Pa. 17007
4]:3!Pj;
Daniel Po1\ock, Esq,
80 I Sand Bank Road # 18
Mount Holly Springs, Pa. 17065
Pa,SuperId.70315
(717) 486-0030
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RICHELLE SHUGHART, :
Plaintiff
v.
JAMIE SHUGHART,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-4857 CIVIL TERM
ORDER OF COURT
AND NOW, this 2nd day of March, 2005, upon consideration of Defendant's
Motion To Bifurcate Matter into Divorce Issues and Economic Issues, a hearing is
scheduled for Thursday, April 21, 2005, at 1 :30 p.m., in Courtroom No, I, Cumberland
County Courthouse, Carlisle, Pennsylvania,
.Matthew Eshelman, Esq,
2109 Market Street
Camp Hill, PA 17011
Attorney for Plaintiff
.J:5:aniel Pollock, Esq,
80 I Sand Bank Road # 18
Mount Holly Springs, P A 17065
. Attorney for Defendant
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BY THE COURT,
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IN THE COURT OF COMMON PLEAS FOR ClJMBERLAND COlJNTY
Richelle Shugart
Civil action-Divorce
v,
Docket No, 4857 of 2002
Jamic Shugart
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301 (c) of the Divorce code was filed on
October 4, 2002,
2, The marriage between the Plaintiff and Defendant is irretrievably broken and
ninety (90) days has elapsed from the date of the filing 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 divorce decree,
I verify that the statemcnts made in this affidavit are true and correct to the best of
my knowledge, I understand that false statements herein are subject to the penalties of 18
Pa. C,S, 4904 relating to unsworn falsification to authorities,
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IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY
Richelle Shugart
Civil Action- Divorce
v,
Docket No, 4857 of 2002
Jamie Shugart
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A ])]VORCE
DECREE UNDER 3301'( c) OF THE DIVORCE CODE
], I consent to the entry of a final decree of divorce with out notice,
2, ] 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 ofthe decree will be sent to me immediately after it is filed with the
prothonotary,
I verify that the statements made herein are true and correct to the best of my
knowledge and belief. I understand that false statements are subject to the penalties of 18
Pa,C,S.4904, relating to unsworn falsification to authorities,...... )
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IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY,
PENNSYLVANIA
RICHELLE SHUGHART,
Plaintiff
NO, 2002-4857, CIVIL TERM
v.
CIVIL ACTION-LAW
IN DIVORCE
JAMIE SHUGHART,
DEFENDANT
Defendant's motion to cancel Bifurication hearing
And now Here comes the Defendant, Jamie Shughart, by and through his
Attorney, Daniel Pollock, Esq to request that this motion to bifurcate be dismissed
because the Plaintiff has consented to the entry of a divorce decree,
Respectfully Submitted,
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Daniel ollock, Esq,
Attorney for Defendant
Jamie Shughart
Daniel Pollock, Esq,
801 Sandbank Road, #18
Mount Holly springs, Pa, 17065
Pa, superId, 70315
(717) 486-0030
phone and fax
AFFIDAVIT OF SERVICE
On April 20, 2005 I, Daniel Pollock, Esq. did serve a copy of this Motion to
Cancel hearing on bifurcation to the following party.
Richelle Shughart
207 Front Street #1
Boiling Springs, Pa. 17007
Respectfully Submitted,
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801 Sand Bank Road #18
Mount Holly Springs, Pa. 17065
Pa.Superld.70315
(717) 486-0030
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IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY,
PENNSYLVANIA
RICHELLE SHUGHART,
Plaintiff
NO. 2002-4857, CIVIL TERM
V.
CIVIL ACTION-LAW
IN DIVORCE
JAMIE SHUGHART,
DEFENDANT
ORDER OF THE COURT
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AND NOW this day of April, 2005, A hearing on Defendant's
motion to bifurcate currently sc eduled for April 21, 2005 at 1:30 P.M. \,"," 1..~ cancelled
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IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY
Richelle Shugart
Civil action-Divorce
v.
Docket No. 4857 of2002
Jamie Shugart
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the cou
for entry of a divorce decree.
I. Ground for divorce: irretrievable breakdown under 3301( c) of the divorce code
2. Date and Manner of service October 10, 2002 by U.S. Mail
3. Date of execution of the affidavit of consent:
Plaintiff April 3, 2005
Defendant July 15,2004
4. Related claims pending: None
5. Date and Manner of service ofthe notice of intention to file Praecipe to Transmi
Record: July 28,2004, by U.S.mail certified, retu (eIP.} re it::~)(i. //
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Attorney for the Defendant
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RICHELLE SHUGHART, :
Plaintiff
v.
JAMIE SHUGHART,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-4857 CIVIL TERM
ORDER OF COURT
AND NOW, this 3(d day of May, 2005, upon consideration of Defendant's
praecipe to transmit record in the above-captioned matter, and it appearing (1) that
Defendant has not filed an affidavit of consent under Section 3301(c) of the Divorce
Code, (2) that Defendant's Motion to Bifurcate Matter into Divorce Issues and Economic
Issues has not been formally withdrawn and remains outstanding, and (3) that a notice of
intention to request entry of a divorce decree has not been sent to Plaintiff since her
affidavit of consent was executed and filed, a divorce decree will not be entered at this
time, without prejudice to the parties' rights to file a new praecipe to transmit when the
deficiencies have been corrected.
YRichelle L. Shughart
i P.O. Box 237
'. Boiling Springs, P A 17007
i Plaintiff, pro se
I
kaniel Pollock, Esq.
, 801 Sand Bank Road #18
Mount Holly Springs, P A 17065
Attorney for Defendant
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IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY,
PENNSYLVANIA
RICHELLE SHUGHART,
Plaintiff
NO. 2002-4857, CIVIL TERM
v.
CIVIL ACTION-LAW
IN DIVORCE
JAMIE SHUGHART,
DEFENDANT
Motion to withdraw Bifurcation request
AND NOW here comes Jamie Shughart, by and through his Attorney, Daniel
Pollock, Esq., requests that the matter for the Bifurcation of the Divorce and Economic
issues be dismissed as the parties have consented to the entry of the divorce and have
amicably split any and all marital property.
Respectfully Submitted,
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Daniel Pollock, Esq.
Attorney for the defendant! movant
Jamie Shughart
Daniel Pollock, Esq.
801 Sandbank Road #18
Mount Holly Springs, Pa. 17065
Pa Super Id. 70315
Phone and fax (717) 486-0030
AFFIDAVIT OF SERVICE
On May 26, 2005 I, Daniel Pollock, Esq. did serve a copy ofthis Motion for
withdrawal by I5t class mail to the following party.
Richelle Shughart
207 Front Street, Apt. #1
Boiling Springs, Pa. 17007
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Daniel Pollock, Esq.
801 Sand Bank Road #18
Mount Holly Springs, Pa. 17065
Pa. Superld. 70315
(717) 486-0030
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IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY
RICHELLE SHUGHART
CIVIL LAW-DIVORCE
v.
DOCKET NO. 4857 OF 2002
JAMIE SHUGHART
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 330 I ( c ) of the Divorce code was filed on
October 10, 2002.
2. The marriage between the Plaintiff and Defendant is irretrievably broken and
ninety (90) days has elapsed from the date ofthe filing 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 divorce decree.
I verify that the statements made in this affidavit are true and correct to the best of
my knowledge. I understand that false statements herein are subject to the penalties of 18
Pa. C.S. 4904 relating to unsworn falsification to authorities.
5-1j'-c::t5'
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IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY,
PENNSYLVANIA
Richelle Shughart,
Plaintiff
NO. 2002-4857, CIVIL TERM
V.
CIVIL ACTION-LAW
IN DIVORCE
Jamie Shughart,
Defendant
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 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 then 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
4. I understand that all marital property has been divided between the plaintiff and
me according to agreement.
I verifY that the statements made in this affidavit are true and correct to the best of
my knowledge. 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:
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Jamie Shugliart
Defendant
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IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY
Richelle Shughart
Civil action-Divorce
v.
Docket No. 4857 of 2002
Jamie Shughart
NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE
To: Richelle Shughart, Plaintiff:
Jamie Shughart, Defendant, intends to file with the court the attached
Praecipe to Transmit Record on or after the 6th day of June 2005 requesting that a final
decree in divorce be entered. -, 1itJ.',' 1,
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Daniel Pol ock, Esq.
Attorney for the Defendant
IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY
Richelle Shughart
Civil action-Divorce
v.
Docket No. 4857 of 2002
Jamie Shughart
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court
for entry of a divorce decree.
1. Ground for divorce: irretrievable breakdown under 3301( c) of the divorce code
2. Date and Manner of service October 10,2002 by U.S. Mail
3. Date of execution of the affidavit of consent:
Plaintiff April 3, 2005
Defendant May 19, 2005
4. Related claims pending: None
5. Date and Manner of service of the notice of intention to file Praecipe to Transmit
Record: May 26, 2005, by U.S.mail certified, return re. 'pt reque
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Daniel Pollock, Esq,
Attorney for the Defendant
AFFIDAVIT OF SERVICE
On May 26, 2005 I, Daniel Pollock, Esq. did serve a copy of this notice of
intention to request entry of divorce by 1 st class mail, return receipt requested to the
following party.
Richelle Shughart
207 Front Street, Apt. #1
Boiling Springs, Pa. 17007
Respectfully Submitted,
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DanIel Pollock, Esq.
801 Sand Bank Road # 18
Mount Holly Springs, Pa. 17065
Pa. SuperId. 70315
(717) 486-0030
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IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY
Richelle Shughart
Civil action-Divorce
v.
Docket No. 4857 of 2002
Jamie Shughart
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court
for entry of a divorce decree.
I. Ground for divorce: irretrievable breakdown under 3301( c) of the divorce code
2. Date and Manner of service October 10, 2002 by U.S. Mail
3. Date of execution ofthe affidavit of consent:
Plaintiff April 3, 2005
Defendant May 19,2005
4. Related claims pending: None
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IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY,
PENNSYLVANIA
RICHELLE SHUGHART,
Plaintiff
NO. 2002-4857, CIVIL TERM
V.
CIVIL ACTION-LAW
IN DIVORCE
JAMIE SHUGHART,
DEFENDANT
ORDER OF THE COURT
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And now this ?fL day ofMtty 2005 the Defendant's Motion to
Bifurcate the divorce and the economic issues is hereby dismissed
BY THE COURT
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
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PENNA.
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STATE OF
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, PLAINTIFF,
.
, DEFENDANT,
.
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
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