HomeMy WebLinkAbout00-02027
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
DAWN MICHELLE SHUGHART,
No. 2000-2027 CIVIL TERM
Plaintiff
CIVIL ACTION - LAW
VERSUS
BRENT EUGENE SHUGHART,
IN DIVORCE
Defendant
DECREE IN
DIVORCE
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AND NOW,
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, 2001 ,IT IS ORDERED AND
DECREED THAT
DAWN MICHELLE SHUGHART
, PLAINTIFF,
AND
BRENT EUGENE SHUGHART
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The Marriage Settlement Agreement dated Aprilg 13, 2000 and signed by the
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parties is hereby incorporated into this Divorce Decree, but not mer~ed.
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BY THE COURT: . /
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4~~ROTHONOTARY
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT made this J?/"dayof A('~IL . 2000, by and
between DAWN MICHELLE SHUGHART, (hereinafter referred to as "WIFE") and BRENT
EUGENE SHUGHART, (hereinafter referred to as "HUSBAND").
WITNESSETH:
WHEREAS, HUSBAND and WIFE were lawfully married on November 14, 1992, in
Boiling Springs, Pennsylvania, and were separated on April 15th, 2000. WIFE filed a Divorce
Action in Cumberland County, Pennsylvania, on April 3rd, 2000, docketed at 2000-2027 Civil
Tenn.
The parties hereto agree and covenant as follows:
1.
The parties intend to maintain separate and pennanent domiciles and to live apart from
each other. It is the intent and purpose of this Agreement to set forth the respective rights and
duties of the parties while they continue to live apart from each other.
2.
The parties have attempted to divide their matrimonial property in a manner which
conforms to a just and right standard, with due regard to the rights of each party. It is the intent
of the parties that such division shall be final and shall forever determine their respective rights.
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets.
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further, the parties agree to continue living separately and apart from the other at any
place or places that he or she may select as they have heretofore been doing. Neither party shall
molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever.
Each party may carry on and engage in any employment, profession, business or other activity as
he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere
with the uses, ownership, enjoyment or disposition of any property now owned and not specified
herein nor property hereafter acquired by the other.
4.
The consideration for this contract and agreement is the mutual benefit to be obtained by
both of the parties hereto and the covenants and agreements of each of the parties to the other.
The adequacy of the consideration for all agreements herein contained is stipulated, confessed,
and admitted by the parties, and the parties intend to be legally bound hereby.
Each party to the Agreement acknowledges and declares that he or she, respectively:
(a) is represented by counsel of his or her own choosing;
(b) is fully and completely informed of the facts relating to the subject matter of
this Agreement and of the rights and liabilities of the parties;
(c) enters into this Agreement voluntarily after receiving the advice of counsel;
(d) has given careful and mature thought to the making of this Agreement;
(e) has carefully read each provision of this Agreement; and
(f) fully and completely understands each provision of this Agreement, both as to
the subject matter and legal effect.
This Agreement shall become effective immediately as of the date of execution.
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5.
It is the purpose and intent of this Agreement to settle forever and completely the interest
and obligations of the parties in all property that they own separately, and all property that would
qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and
that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and
assigns. The parties have attempted to divide their Marital Property in a manner that conforms to
a just and fair standard, with due regard to the rights of each Party. The division of existing
Marital Property is not intended by the parties to constitute in any way a sale or exchange of
assets, and the division is being effected without the introduction of outside funds or other
property not constituting a part of the marital estate.
It is the further purpose of this Agreement to settle forever and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony.
6.
Each party represents and warrants that he or she has made a full and fair disclosure to the
other of all of his or her property interests of any nature, including any mortgage, pledge, lien,
charge, security interest, encumbrance, or restriction to which any property is subject. Each party
further represents that he or she has made a full and fair disclosure of all debts and obligations of
any nature for which he or she is currently liable or may become liable. Each further represents
and warrants that he or she has not made any gifts or transfers for inadequate consideration of
Marital Property without the prior consent of the other.
Each Party acknowledges that, to the extent desired, he or she has had access to all joint
and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during
mamage.
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REAL ESTATE: WIFE agrees to sign all her right, title and interest in the real estate
situate at 620 Petersburg Road, Carlisle, Cumberland County, Pennsylvania to HUSBAND.
HUSBAND agrees to refinance the outstanding mortgage into his own name.
8.
SUPPORT: The parties agree that neither will seek spousal support, alimony pendente
lite or alimony from the other after the Divorce.
9.
PERSONAL PROPERTY: The parties agree that the personal property shall be divided
as follows:
HUSBAND shall receive the following items:
a. The personal property in his possession;
b. His bank accounts;
c. Any Life Insurance Policy;
d. One-half (1/2) of the balance of his 401-k retirement at Exel;
e. His 1991 Ford Explorer.
WIFE shall receive the following items:
a. The personal property in her current possession;
b. Her bank accounts;
c. Her 1999 Subaru;
d. One-half(1/2) of the balance of HUSBAND'S 401-k retirement with Exel.
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The WIFE hereby waives all right and title which she may have in any personal property
of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal
property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently
of any claim or right of the other party, all items of personal property of every kind, nature and
description and wherever situated, which are then owned or held by or which may hereafter
belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose
of same as fully and effectually, in all respects and for all purposes as if he or she were
unmarried.
Each party agrees that neither will incur obligations, liens or liabilities on account of the
other and that from tile date of this Agreement, neither party shall contract or incur obligations,
liens or any liability whatsoever on account of the other.
10.
AUTOMOBILES:
a. WIFE agrees to waive any and all interest which she may have in HUSBAND's
motor vehicle, being a 1991 Ford Explorer.
b. HUSBAND agrees to waive any and all interest which he may have in WIFE's
1999 Subaru.
II.
MARITAL DEBTS & BANKRUPTCY: Each party will be responsible for their own
debt incurred after the date of separation. HUSBAND will be solely responsible for all
outstanding state, local and federal taxes and agrees to hold WIFE harmless and indemnifies
after the date of separation. HUSBAND will be solely responsible for all outstanding state, local
and federal taxes and agrees to hold WIFE harmless and indemnifies her for any claims
regarding the outstanding income taxes. It is hereby understood and agreed by and between the
parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy
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proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy.
Both parties warrant that he/she has not heretofore instituted any proceeding pursuant to the
bankruptcy laws nor are there any such proceedings pending with respect to him/her which have
been initiated by others.
12.
INSURANCE AND EMPLOYEE BENEFITS AND INCOME TAX EXEMPTION:
The parties agree that any life insurance policies except as otherwise stated herein on the life of
HUSBAND or any other employee benefits, including but not limited to retirement, profit
sharing or medical benefits of either party, shall be his own. WIFE waives all right, title and
claim to HUSBAND's employee benefits. HUSBAND agrees to maintain the children on his
employee health coverage after the entry of a Divorce Decree. The parties agree that WIFE will
be entitled to claim Austine Tyler Shughart as her federal income tax exemption each year.
13.
BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and
interest which she may have in the savings or checking or any other bank accounts of the
HUSBAND. The HUSBAND agrees to waive all interest which he has in the bank accounts of
the WIFE.
14.
DNORCE: The parties both agree to cooperate with each other in obtaining a final
divorce of the marriage. It is agreed that the parties will execute and file the consents necessary
to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all
the costs and legal fees of the party who is seeking the divorce.
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BREACH: If either party breaches any provisions of this Agreement, the other party
shall have the right, at his or her election, to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her, and the party breaching this contract should
be responsible for payment of legal fees and costs incurred by the other in enforcing their rights
under this Agreement.
16.
ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
17.
VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel, and each party acknowledges
that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is
not the result of any duress or undue influence.
The provisions of this Agreement are fully understood by both parties and each party
acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily,
and that it is not the result of any duress or undue influence.
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ENTIRE AGREEMENT: This Agreement contains the entire Understanding of the
parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
19.
APPLICABLE LAW: This Agreement shall be construed under the Laws of the
Commonwealth of Pennsylvania.
20.
PRIOR AGREEMENTS: It is understood and agreed that any and all property
settlement agreements which mayor have been executed prior to the date and time of this
Agreement are null and void and of no effect.
21.
PAYMENT OF COSTS: The parties agree to pay for their own costs required to obtain
and complete the divorce.
22.
WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided,
each party may dispose of his or her property in any way, and each party hereby waives and
relinquishes any and all rights he or she may now have or hereafter acquire, under the present or
future laws of any jurisdiction, to share in the property or the estate of the other as a result of the
marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the Will of the other, and right to act as
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administrator or executor of the other's estate, and each will, at the request of the other, execute,
acknowledge and deliver any and all instruments which may be necessary or advisable to carry
into effect this mutual waiver and relinquishment of all such interests, rights and claims.
IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day
and year first above written.
WITNESSES:
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COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this ~day of AM
2000, a Notary Public, in and for the Commonwealth of Pennsylvania and County of
Cumberland, DAWN MICHELLE SHUGHART, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the within Marriage Settlement Agreement, and
acknowledges that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notarial Seal
Martha L. Noel. Notary Public
Carlisle Bora, Cumberland County
My ecmmlssion Expires Sept. 18, 2003
Member, Pennsylvania AsSOCiation 01 Notanes
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COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this K day of Apn' I
2000, a Notary Public, in and for the Commonwealth of Pennsylvania and County of
Cumberland, BRENT EUGENE SHUGHART, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the within Marriage Settlement Agreement , and
acknowledges that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
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NOTARIAL SEAL
JAMES ALLISON, Notary Public
Cartisle. Cumberiand County
My Commission Expires July 14, 2003
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DAWN MICHELLE SHUGHART,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-2027 CIVIL TERM
BRENT EUGENE SHUGHART,
Defendant
IN DIVORCE
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 Section 330 I (c) of the Divorce Code.
2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon
the defendaJ1t, Brent Eugene Shughart, on April 5, 2001, by certified, restricted delivery mail, addressed to him at
620 Petersburg Road, Carlisle, Pennsylvania 17013, with Return Receipt Number Z 166 670 541.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce
Code: by plaintiff: May2,2001; bydefendant: April24,2001.
(b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code:
(b )(2) Date of filing and service of the plaintiffs affidavit upon the defendant:
4. Related claims pending: NONE.
5. Complete either (a) or (b).
(a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record,
a copy of which is attached:
(b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: May 3, 2001.
Date defendant's Waiver of Notice in Section 33
Prothonotary: April 25, 2001.
,ESQUIRE
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DAWN MICHELLE SHUGHART,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000- .bd- '1 CIVIL TERM
BRENT EUGENE SHUGHART,
Defendant
IN DIVORCE
NOTICE
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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 in 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.
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When the ground for divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013.
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IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
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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.
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Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
1-800-990-9108
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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. 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.
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DAWN MICHELLE SHUGHART,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000- 'dOG? CIVIL TERM
BRENT EUGENE SHUGHART,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c)
OF THE DIVORCE CODE
NOW comes the plaintiff, Dawn Michelle Shughart, by her attorney, Marcus A. McKnight, III,
Esquire, and files this complaint in divorce against the defendant, Brent Eugene Shughart, representing
as follows:
1. The plaintiff is Dawn Michelle Shughart, an adult individual residing at 620 Petersburg Road,
Carlisle, Cumberland County, Pennsylvania 17013.
2. The defendant is Brent Eugene Shughart, an adult individual residing at 620 Petersburg Road,
Carlisle, Cumberland County, Pennsylvania 17013.
3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months
prior to the filing of this action in divorce.
4. The plaintiff and the defendant were married on November 14, 1992 in Boiling Springs,
Pennsylvania.
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5. There have been no prior actions of divorce or for annulment between the parties.
6. There was one child born to this marriage, namely, Austine Tyler Shughart, born November
11, 1993, age six (6) years.
7. Pursuant to the Divorce Code, Section 330l(c), the plaintiff avers as the grounds upon which
this action is based that the marriage between the parties is irretrievably broken.
8. The plaintiff avers that she has been advised of the availability of counseling and that said
party has the right to request that the court require the parties to participate in counseling.
WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two
parties.
Respectfully submitted,
By:
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Date: March -3!-:-, 2000
West Pomfre ro essional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Supreme Court I.D. No. 25476
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VERIFICATION
The foregoing Complaint in Divorce is based upon information which has been gathered
by my counsel and me in the preparation of this action. I have read the statements made in this
Complaint and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
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DAWN MICHELLE S GHART
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Date: March 3' , 2000
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IlA WN MICHELLE SHUGHART,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-2027 CIVIL TE&.lVI
BRENT EUGENE SHUGHART,
Defendant
IN DIVORCE
AFFIDAVIT OF SERVICE OF COMPLAINT
PURSUANT TO PA. R.c.P. RULE NO. 1920.4 (a)illill
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
AND NOW, Marcus A. McKnight, III, Esquire, being duly sworn according to law, does
depose and state:
I. That he is a competent adult and attorney for the plaintiff in the captioned action in
divorce.
2. That he served a certified copy of the Complaint in Divorce upon the defendant on April
5, 2000, by certified mail, "restricted delivery" addressed to him at 620 Petersburg Road, Carlisle,
Pennsylvania, with Return Receipt No. Z 166670541.
3. That the said receipt for certified mail is signed and is attached hereto and made a part
hereof.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C. S. Section 4Q04, relating to unsworn
falsification to authorities.
Marcus A. ,
Attorney for Plaintiff
Date: April 6, 2000
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Z 166 670 541
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US Postal Service
Receipt for Certi1i~d Mail
No Insurance Coveraget..,,)vlded. >.
Do not use for International Mail See reverse
$entlo
MR BRENT EUGENE SHUGHART
&e!eN~!ERSBURG ROAD
p
Postage
Certified Fee
e
Restricted Delivery F
en ei tSh n to
T"" Whom & Date e vera
.~ Re1umReceiplShowingto
:t Dale, & Addressee', Address
o
o TOTAL Postage & Fees
00
C"') postmalk or Date
E MAM
(L 4/3/00
en
~ SHUGHART, MICHELLE
---'
. Complele ilems 1, 2, !lIJP3. Also complele
item 4 if Restticted Delivery is desired.
. Print your name and address on the reverse
s6 thar we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
o Agent
ddressee
Ves
o No
1R BRENT EUGENE SHUGHART
520 PETERSBURG ROAD
~ARLISLE PA 170~3
3. Service Type
ill: Certified Mail
o Registered
o Insured Mail
o Express Mail
o Return Receipt for Merchandise
o C.O.D.
4. Restricted Delivery? (Extra Fee)
)4 Yes
2. Article Number (Copy from service label)
. Z 166 670541'
PS Form 3811, July 1999
Domestic Return Receipt
102595-99.M-1789
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DAWN MICHELLE SHUGHART,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-2027 CIVIL TERM
BRENT EUGENE SHUGHART,
Defendant
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on April
3,2000.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of the filing of the complaint.
3. I consent to the entry of a final decree in divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to
unswom falsification to authorities.
Date:
,2001
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DAWN MICHELLE GHART
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DAWN MICHELLE SHUGHART,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-2027 CIVIL TERM
BRENT EUGENE SHUGHART,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses ifI do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date:
.,to-{
... , 2001
DAWN MICHELLE SHU T
Plaintiff
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DAWN MICHELLE SHUGHART,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-2027 CIVIL TERM
BRENT EUGENE SHUGHART,
Defendant
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April
3, 2000.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of the filing of the complaint.
3. I consent to the entry of a final decree in divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to
unsworn falsification to authorities.
Date: Avril 24
,2001
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DAWN MICHELLE SHUGHART,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-2027 CIVIL TERM
BRENT EUGENE SHUGHART,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
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2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date:
April 24
,2001
L-
GHART
BRENT EUGE
Defendant
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SOCIAL SECURITY INFORMATION SHEET
PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1 (a) (3) ALL DIVORCES MUST
INCLUDE THE PARTIES SOCIAL SECURITY NUMBER
PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE
PROTHONOTARY'S OFFICE
DATE: May 3, 2001
DOCKET NUMBER:
2000-2027 CIVIL TERM
PLAINTIFF~ SS# 194-64-5758
NAME:
DAWN MICHELLE SHUGHART
DEFENDANT/RlIBJJt~ SS # 169-54-3435
NAME:
BRENT EUGENE SHUGHART
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DAWN MICHELLE SHUGHART,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO.2000-2027 CIVIL 1990
BRENT EUGENE SHUGHART,
DEFENDANT
IN DNORCE
OUALIFIED DOMESTIC RELATIONS ORDER
AND NOW, this -d' day of J}I'~ ,2000, it is hereby Ordered
Petition for Qualified Domestic Relations Order shall be made an Order of Court as follows:
1.
This Petition is for the purpose of the entry of a Qualified Domestic Relations Order as
defmed in 26 D.S.C. Section 414(P) pursuant to the Marriage Settlement Agreement dated April
13,2000, relating to paragraph nine (9) of said Marriage Settlement Agreement involving the
pension ofthe participant, Brent Eugene Shughart.
2.
For purposes of this Order, the term "Participant" means Brent Eugene Shughart of Exel
Corporation; the term "Alternate Payee" means Dawn Michelle Shughart; the term "Plan" means
the Exel Logistics Retirement and Savings Plan; the term "Account Balance" means the balance
the Participant has credited to his account under the Plan; and the term "Benefits Committee"
means the Benefits Committee of the Exel Logistics Retirement and Savings Plan.
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3.
The Court does hereby incorporate the Marriage Settlement Agreement by reference as a
part of this Order effective this date.
4.
The last known mailing address of the Participant is 620 Petersburg Road, Carlisle,
Pennsylvania 17013. The date of birth of the Participant is August 8,1964, and his social
security number is 169-54-3435.
5.
The last known mailing address of the Alternate Payee is 205 York Road, Carlisle,
Pennsylvania 17013. The date of birth ofthe Alternate Payee is October 3, 1969, and her social
security number is 194-64-5758.
6.
The Participant and the Alternate Payee were married on November 14,1992, in
Cumberland County, Pennsylvania.
7.
Under the terms ofthe Marriage Settlement Agreement, the Alternate Payee is to receive
from the Plan the amount of 50% of the Participant's vested Account Balance determined as of
September 26, 2000.
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The portion of the Account Balance payable to the Alternate Payee shall be segregated
for accounting purposes under the Plan, and shall be credited or debited with any earnings or
losses attributable to such segregated account calculated through the valuation date immediately
preceding the date of distribution.
9.
The amounts to be paid to the Alternate Payee hereunder shall be paid to her in any
method permissible under the Plan as elected by the Alternate Payee as soon as administratively
practicable after the expiration of the review period following the Retirement Committee's
determination that this Order is a qualified domestic relations order.
10.
Nothing in this Order shall:
(1) require the Plan to provide any type or form of benefit, or option, not otherwise
provided in the Plan; or
(2) require the payment of benefits to the Alternate Payee which are required to be
paid to another alternate payee under another order previously determined to be a qualified
domestic relations order.
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11.
Both the Participant and the Alternate Payee shall have the duty to notify the Benefits
Committee in writing of any changes in his or her respective mailing address subsequent to the
entry of this Order.
12.
The Court retains jurisdiction to establish or maintain this Order as a qualified domestic
relations order provided, however, no amendment of this Order shall contain a requirement with
respect to the Plan of a type described in paragraph ten (10) above.
By the Court:
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DAWN MICHELLE SHUGHART,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION -LAW
NO. 2000-2027 CIVIL 1990
BRENT EUGENE SHUGHART,
DEFENDANT
IN DIVORCE
PETITION FOR
OUALIFIED DOMESTIC RELATIONS ORDER
AND NOW, this 26th day of September 2000, comes the parties and makes the following
Petition for a Qualified Domestic Relations Order:
1.
This Petition is for the purpose of the entry of a Qualified Domestic Relations Order as
defined in 26 V.S.C. Section 4l4(p) pursuant to the Marriage Settlement Agreement dated April
13, 2000, relating to paragraph nine (9) of said Marriage Settlement Agreement involving the
pension of the participant, Brent Eugene Shughart.
2.
For purposes of this Order, the term "Participant" means B~ent Eugene Shughart ofExel
Corporation; the term "Alternate Payee" means Dawn Michelle Shughart; the term "Plan" means
the Exel Logistics Retirement and Savings Plan; the term "Account Balance" means the balance
the Participant has credited to his account under the Plan; and the term "Benefits Committee"
means the Benefits Committee of the Exel Logistics Retirement and Savings Plan.
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3.
The Court does hereby incorporate the Marriage Settlement Agreement by reference as a
part of this Order effective this date.
4.
The last known mailing address of the Participant is 620 Petersburg Road, Carlisle,
Pennsylvania 17013. The date of birth of the Participant is August 8, 1964, and his social
security number is 169-54-3435.
5.
The last known mailing address of the Alternate Payee is 205 York Road, Carlisle,
Pennsylvania 17013. The date of birth of the Alternate Payee is October 3,1969, and her social
security number is 194-64-5758.
6.
The Participant and the Alternate Payee were married on November 14, 1992, in
Cumberland Connty, Pennsylvania.
7.
Under the terms of the Marriage Settlement Agreement, the Alternate Payee is to receive
from the Plan the amonnt of 50% of the Participant's vested Account Balance determined as of
September 26, 2000.
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8.
The portion of the Account Balance payable to the Alternate Payee shall be segregated
for accounting purposes under the Plan, and shall be credited or debited with any earnings or
losses attributable to such segregated account calculated through the valuation date immediately
preceding the date of distribution.
9.
The amounts to be paid to the Alternate Payee hereunder shall be paid to her in any
method permissible under the Plan as elected by the Alternate Payee as soon as administratively
practicable after the expiration of the review period following the Retirement Committee's
determination that this Order is a qualified domestic relations order.
10.
Nothing in this Order shall:
(1) require the Plan to provide any type or form of benefit, or option, not otherwise
provided in the Plan; or
(2) require the payment of benefits to the Alternate Payee which are required to be
paid to another alternate payee under another order previously determined to be a qualified
domestic relations order.
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11.
Both the Participant and the Alternate Payee shall have the duty to notify the Benefits
Committee in writing of any changes in his or her respective mailing address subsequent to the
entry of this Order.
12.
The Court retains jurisdiction to establish or maintain this Order as a qualified domestic
relations order provided, however, no amendment of this Order shall contain a requirement with
respect to the Plan of a type described in paragraph ten (10) above.
AND NOW, intending to be legally bound hereby, the parties enter their hands and seals
the date set forth above.
WITNESS TH:
PARTICIPANT
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ALTERNATE PAYEE
?\'-ML i'rLi~~(SEAL)
Dawn Michelle Shughart
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EXHIBIT A
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT made this
J3lv..dayof A('~IL
. 2000, by and
between DAWN MICHELLE SHUGHART, (hereinafter referred to as "WIFE") and BRENT
EUGENE SHUGHART, (hereinafter referred to as "HUSBAND").
WITNESSETH:
WHEREAS, HUSBAND and WIFE were lawfully married on November 14, 1992, in
Boiling Springs, Pennsylvania, and were separated on April 15th, 2000. WIFE filed a Divorce
Action in Cumberland County, Pennsylvania, on April 3rd, 2000, docketed at 2000-2027 Civil
Term.
The parties hereto agree and covenant as follows:
1.
The parties intend to maintain separate and permanent domiciles and to live apart from
each other. It is the intent and purpose of this Agreement to set forth the respective rights and
duties of the parties while they continue to live apart from each other.
2.
The parties have attempted to divide their matrimonial property in a manner which
conforms to a just and right standard, with due regard to the rights of each party. It is the intent
of the parties that such division shall be final and shall forever determine their respective rights.
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets.
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3.
Further, the parties agree to continue living separately and apart from the other at any
]place or places that he or she may select as they have heretofore been doing. Neither party shall
molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever.
Each party may carry on and engage in any employment, profession, business or other activity as
he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere
with the uses, ownership, enjoyment or disposition of any property now owned and not specified
herein nor property hereafter acquired by the other.
4.
The consideration for this contract and agreement is the mutual benefit to be ob.tained by
both of the parties hereto and the covenants and agreements of each of the parties to the other.
'The adequacy of the consideration for all agreements herein contained is stipulated, confessed,
and admitted by the parties, and the parties intend to be legally bound hereby.
Each party to the Agreement acknowledges and declares that he or she, respectively:
(a) is represented by counsel of his or her own choosing;
(b) is fully and completely informed of the facts relating to the subject matter of
this Agreement and of the rights and liabilities of the parties;
( c) enters into this Agreement voluntarily after receiving the advice of counsel;
(d) has given careful and mature thought to the making of this Agreement;
(e) has carefully read each provision of this Agreement; and
(f) fully and completely understands each provision of this Agreement, both as to
the subject matter and legal effect.
This Agreement shall become effective immediately as of the date of execution.
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5.
It is the purpose and intent of this Agreement to settle forever and completely the interest
!md obligations of the parties in all property that they own separately, and all property that would
qualifY as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and
that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and
assigns. The parties have attempted to divide their Marital Property in a manner that conforms to
a just and fair standard, with due regard to the rights of each Party. The division of existing
Marital Property is not intended by the parties to constitute in any way a sale or exchange of
assets, and the division is being effected without the introduction of outside funds or other
property not constituting a part of the marital estate.
It is the further purpose of this Agreement to settle forever and completely any o?ligation
lmder the Pennsylvania Divorce Code relating to spousal support or alimony.
6.
Each party represents and warrants that he or she has made a full and fair disclosure to the
other of all of his or her property interests of any nature, including any mortgage, pledge, lien,
charge, security interest, encumbrance, or restriction to which any property is subject. Each party
;further represents that he or she has made a full and fair disclosure of all debts and obligations of
imy nature for which he or she is currently liable or may become liable. Each further represents
imd warrants that he or she has not made any gifts or transfers for inadequate consideration of
Marital Property without the prior consent ofthe other.
Each Party acknowledges that, to the extent desired, he or she has had access to all joint
imd separate State and Federal Tax Returns filed by or on behalf of either or both Parties during
marnage.
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7.
REAL ESTATE: WIFE agrees to sign all her right, title and interest in the real estate
situate at 620 Petersburg Road, Carlisle, Cumberland County, Pennsylvania to HUSBAND.
HUSBAND agrees to refinance the outstanding mortgage into his own name.
8.
SUPPORT: The parties agree that neither will seek spousal support, alimony pendente
lite or alimony from the other after the Divorce.
9.
PERSONAL PROPERTY: The parties agree that the personal property shall be divided
as follows:
HUSBAND shall receive the following items:
a. The personal property in his possession;
b. His bank accounts;
c. Any Life Insurance Policy;
d. One-half(l/2) of the balance of his 401-k retirement at Exel;
e. His 1991 Ford Explorer.
WIFE shall receive the following items:
a. The personal property in her current possession;
b. Her bank accounts;
c. Her 1999 Subaru;
d. One-half (1/2) of the balance of HUSBAND'S 401-k retirement with Exel.
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The WIFE hereby waives all right and title which she may have in any personal property
of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal
property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently
of any claim or right of the other party, all items of personal property of every kind, nature and
description and wherever situated, which are then owned or held by or which may hereafter
belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose
of same as fully and effectually, in all respects and for all purposes as if he or she were
lllIlIl1arried.
Each party agrees that neither will incur obligations, liens or liabilities on account of the
other and that from the date of this Agreement, neither party shall contract or incur obligations,
liens or any liability whatsoever on account of the other.
10.
AUTOMOBILES:
a. WIFE agrees to waive any and all interest which she may have in HUSBAND's
motor vehicle, being a 1991 Ford Explorer.
b. HUSBAND agrees to waive any and all interest which he may have in WIFE's
1999 Subaru.
11.
MARITAL DEBTS & BANKRUPTCY: Each party will be responsible for their own
debt incurred after the date of separation. HUSBAND will be solely responsible for all
outstanding state, local and federal taxes and agrees to hold WIFE harmless and indemnifies
after the date of separation. HUSBAND will be solely responsible for all outstanding state, local
and federal taxes and agrees to hold WIFE harmless and indemnifies her for any claims
regarding the outstanding income taxes. It is hereby understood and agreed by and between the
parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy
5
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proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy.
Both parties warrant that he/she has not heretofore instituted any proceeding pursuant to the
bankruptcy laws nor are there any such proceedings pending with respect to him/her which have
been initiated by others.
12.
INSURANCE AND EMPLOYEE BENEFITS AND INCOME TAX EXEMPTION:
The parties agree that any life insurance policies except as otherwise stated herein on the life of
HUSBAND or any other employee benefits, including but not limited to retirement, profit
sharing or medical benefits of either party, shall be his own. WIFE waives all right, title and
elaim to HUSBAND's employee benefits. HUSBAND agrees to maintain the children on his
employee health coverage after the entry of a Divorce Decree. The parties agree that ";:!FE will
be entitled to claim Austine Tyler Shughart as her federal income tax exemption each year.
13.
BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and
interest which she may have in the savings or checking or any other bank accounts of the
lEIUSBAND. The HUSBAND agrees to waive all interest which he has in the bank accounts of
the WIFE.
14.
DIVORCE: The parties both agree to cooperate with each other in obtaining a final
divorce of the marriage. It is agreed that the parties will execute and file the consents necessary
to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all
the costs and legal fees of the party who is seeking the divorce.
6
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15.
BREACH: If either party breaches any provisions of this Agreement, the other party
shall have the right, at his or her election, to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her, and the party breaching this contract should
be responsible for payment of legal fees and costs incurred by the other in enforcing their rights
lmder this Agreement.
16.
ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and effect to the provisio~s of this
Agreement.
17.
VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel, and each party acknowledges
Ithat the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is
not the result of any duress or undue influence.
The provisions of this Agreement are fully understood by both parties and each party
acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily,
and that it is not the result of any duress or undue influence.
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18.
ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties and there are nO representations, warranties, covenants or undertakings other than those
,expressly set forth herein.
19.
APPLICABLE LAW: This Agreement shall be construed under the Laws of the
Commonwealth of Pennsylvania.
20.
PRIOR AGREEMENTS: It is understood and agreed that any and all~ property
settlement agreements which mayor have been executed prior to the date and time of this
Agreement are null and void and of no effect.
21.
PAYMENT OF COSTS: The parties agree to pay for their own costs required to obtain
and complete the divorce.
22.
WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided,
each party may dispose of his or her property in any way, and each party hereby waives and
relinquishes any and all rights he or she may now have or hereafter acquire, under the present or
future laws of any jurisdiction, to share in the property or the estate of the other as a result of the
marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the Will of the other, and right to act as
8
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administrator or executor of the other's estate, and each will, at the request of the other, execute,
acknowledge and deliver any and all instruments which may be necessary or advisable to carry
into effect this mutual waiver and relinquishment of all such interests, rights and claims.
IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day
;and year first above written.
WITNESSES:
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(SEAL)
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BRENT ;;6{~E ~c'HART
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COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
'AIIL J,~\
PERSONALLY APPEARED BEFORE ME, this ~day of ~__
/
2000, a Notary Public, in and for the Commonwealth of Pennsylvania and County of
Cumberland, DAWN MICHELLE SHUGHART, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the within Marriage Settlement Agreement, and
acknowledges that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seaL
Notarial Seal
Martha L. Noel, Notary Public
Carlisle Bora, Cumberland County
My Commission Expiras Sapt. 18, 2003
Membar, PennsylVania Association of Notaries
~t#P~~'-f!d)
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this K day of Aprl' I
;WOO, a Notary Public, in and for the Commonwealth of Pennsylvania and County of
Cumberland, BRENT EUGENE SHUGHART, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the within Marriage Settlement Agreement , and
acknowledges that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seaL
NOTARIAL SEAL
JAMES ALLISON, Notary Public
Carlisle, Cumberland County
My Commission Expires July 14, 2003
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DAWN MICHELLE SHUGHART,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-2027 CIVIL TERM
BRENT EUGENE SHUGHART,
Defendant
IN DIVORCE
DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT
The defendant, being duly sworn according to law, deposes and says:
I. I have been advised of the availability of marriage counseling and understand that I
may request that the court require that my spouse and I participate in counseling.
2. I understand that the court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I
participate in counseling prior to a divorce decree being handed down.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: April 24
,2001
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DAWN MICHELLE SHUGHART,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-2027 CIVIL TERM
BRENT EUGENE SHUGHART,
Defendant
IN DIVORCE
PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT
The plaintiff, being duly sworn according to law, deposes and says:
I. I have been advised of the availability of marriage counseling and understand that I
may request that the court require that my spouse and I participate in counseling.
2. I understand that the court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I
participate in counseling prior to a divorce decree being handed down.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. CoSo Section 4904 relating to
unsworn falsification to authorities.
Date:
"A
,2001
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DAWN MICHELLE SHUGHART,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION- LAW
2000-2027 CIVIL TERM
BRENT EUGENE SHUGHART,
Defendant
CUSTODY STIPULATION AND ORDER
ORDER OF COURT
IC> ..
AND NOW, this I day of April 2000, upon consideration of the Custody
Stipulation entered by the parties, it is hereby ordered as follows:
That the father, Brent Eugene Shughart, and the mother, Dawn Michelle Shughart, shall
share joint legal custody and joint physical custody of Austine Tyler Shughart, born November
11,1993, age 6, with periods of custody as the parties agree is in the best interest of the child.
BY THE COURT:
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DAWN MICHELLE SHUGHART,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-2027 CIVIL TERM
BRENT EUGENE SHUGHART,
Defendant
CUSTODY STIPULATION AND ORDER
CUSTODY STIPULATION
;..
AND NOW, this /3 day of Apirl, 2000, the parties, Dawn Michelle Shughart
and Brent Eugene Shughart, hereby enter into the following Stipulation regarding the custody of
Austine Tyler Shughart:
1.
The parties are the natural parents of Austine Tyler Shughart, born November 11, 1993,
age six (6) years.
2.
The natural mother is Dawn Michelle Shughart, an individual residing at 205 York Road,
Carlisle, Pennsylvania 17013, and the natural father is Brent Eugene Shughart, an adult
individual residing at 620 Petersburg Road, Carlisle, Pennsylvania 17013.
3.
The parties agree that the best interest of Austine Tyler Shughart requires that he be in the
joint physical and legal custody of the parties.
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The exact schedule of physical custody will be established by the parties and modified as
they agree is in the best interest of Austine Tyler Shughart.
5.
The parties hereby stipulate and agree that jurisdiction of the custody of Austine Tyler
Shughart will remain with the Court of Common Pleas of Cumberland County, Pennsylvania.
WHEREFORE, intending to be legally bound, the parties hereby enter their hands and
seals as first set forth above.
WITNESSETH:
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(SEAL)
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BRENTEUG
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