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HomeMy WebLinkAbout07-0812A KIM E. KEHLER, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. Q 7- 91A CIVIL TERM WILLIAM H. SHOEMAKER, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing 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. 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: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 c7 ^' -TI c : nI mo o. 'T7 . j? KIM E. KEHLER, Plaintiff vs. WILLIAM H. SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07- Sl-Z CIVIL TERM IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. dbp KIM E. KEHLER, Plaintiff vs. WILLIAM H. SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 47-- - J-2-CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, KIM E. KEHLER, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is KIM E. KEHLER, an adult individual who currently resides at 23 North 23rd Street, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is WILLIAM H. SHOEMAKER, an adult individual who currently resides at 146 North 25`h Street, Camp Hill, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 3 May 1980. 5. There have been no prior actions of divorce or annulment between the parties. 6. This marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. AV COUNTI 8. The Plaintiff requests this Court to enter a Decree of Divorce. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce pursuant to the Divorce Code of Pennsylvania. COUNT II - EQUITABLE DISTRIBUTION 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT III - ALIMONY 10. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 11. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 12. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Plaintiff and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. s COUNT IV - ALIMONY PENDENTE LITE 13. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 14. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. COUNT V - COUNSEL FEES AND EXPENSES 15. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 16. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 17. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiffs attorney and the expenses of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in the litigation of this action. Samuel L. Andes Attorney for Plaintiff Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 KIM E. KEHLER, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. WILLIAM H. SHOEMAKER, Defendant CIVIL ACTION - LAW NO. 07-812 CIVIL TERM IN DIVORCE MOTION FOR ALIMONY PENDENTE AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves the court to schedule a conference at the Domestic Relations Office and, if necessary, a hearing on her Request for Alimony Pendente Lite as first raised in Count IV of her Divorce Complaint, a copy of which is attached hereto. Samuel L. Andes Attorney for Plaintiff Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 GI rn c?"-- rr CX) Tj f'y ul ^? I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C. S. 4904 (unsworn falsification to authorities). a DATE: /,P-ob-7 ?- r-- KIM E. KEHLER INI yM` Y 1 , 0 ? g W ? L ` l ?N V 41? r 2 j' Z Cr N O a v m co N f\3 G3 MM r C V l? K KIM E. KEHLER, vs. Plaintiff WILLIAM H. SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-812 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE AND ENTRY OF APPEARANCE I hereby enter my appearance for the Defendant, W!LL !AM H. SHOEMAKER, in the above-captioned action. I acknowledge receipt of a true and correct copy of the Complaint in Divorce filed in the above action on behalf of the Defendant. 14.-A Al Date: Marlin R. cCaleb Attorney for Defendant Supreme Court ID # 663S.3 c o t T ! ? f' i ?, C71 ti:3 t C3 o m _ .{ • • Cn? ,ti ?C7 KIM E. KEHLER, Plaintiff vs. WILLIAM H. SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - NO. p7. </,9- IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS 0 cxs You have been sued in court. If you wish to defend against the claims set forth in the foregoing 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. 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: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 KIM E. KEHLER, Plaintiff VS. WILLIAM H. SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. KIM E. KEHLER, Plaintiff vs. WILLIAM H. SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, KIM E. KEHLER, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is KIM E. KEHLER, an adult individual who currently resides at 23 North 23' Street, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is WILLIAM H. SHOEMAKER, an adult individual who currently resides at 146 North 25`x' Street, Camp Hill, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 3 May 1980. 5. There have been no prior actions of divorce or annulment between the parties. 6. This marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have f the right to request that the Court require the parties to participate in counseling. COUNTI 8. The Plaintiff requests this Court to enter a Decree of Divorce. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce pursuant to the Divorce Code of Pennsylvania. COUNT II - EQUITABLE DISTRIBUTION 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT III - ALIMONY 10. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 11. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 12. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Plaintiff and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT IV - ALIMONY PENDENTE LITE 13. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 14. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. COUNT V - COUNSEL FEES AND EXPENSES 15. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 16. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 17. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiffs attorney and the expenses of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in the litigation of this action. Samuel L. Andes Attorney for Plaintiff Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unworn falsification to authorities). DATE: 1 IP-c6-7 KIM E. KEHLER KIM E. KEHLER, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-812 CIVIL TERM WILLIAM H. SHOEMAKER, IN DIVORCE Defendant/Respondent PACSES CASE NO: 174109377 ORDER OF COURT AND NOW, this 14th day of August, 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on September 10, 2007 at 1:30 P.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Samuel L. Andes, Esq. Marlin R. McCaleb, Esq. Date of Order: August 14, 2007 let /? 41'-? , -o t 4 'a-", R. S dday, onference officer . J YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE 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 COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 f?? ---? ''--?T - : ?.?? r .r ? :..1 F ''t ?+? - u r L?J ?? j' ?^'.... ?l y I ' v .? .? ? ' 'y `/.., r / ? ! 1 KIM E. KEHLER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-812 CIVILTERM WILLIAM H. SHOEMAKER, : IN DIVORCE Defendant/Respondent PACSES CASE ID: 174109377 ORDER OF COURT AND NOW, this 18th day of October, 2007, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $ N/A and Respondent's monthly net income/earning capacity is $ N/A, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit One Thousand and 00/100 Dollars ($1000.00) per month payable as follows: $1000.00 per month for Alimony Pendente Lite and $0.00 per month on arrears. First payment due: on or before November 10, 2007 and by the 10'h of each month thereafter. The effective date of the order is November 1, 2007. Arrears set at $0.00 as of October 18, 2007. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Kim E. Kehler. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 N This order is based upon an agreement of the parties. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either parry files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Mailed copies on: October 18, 2007 to: Petitioner Respondent Samuel L. Andes, Esq. Marlin R. McCaleb, Esq. Petitioner's Attorney Respondent's Attorney BY THE COURT, J. )Vesley Oler, Jr., U `- J. DRO: R.J. Shadday ra Q C? ? ; . cjI KIM E. KEHLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW WILLIAM H. SHOEMAKER, NO. 07-812 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3302(d) of the Divorce Code was filed on February 12, 2007, and service was accepted on my behalf by my attorney, Marlin R. McCaleb, Esquire, on March 1, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing 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 decree. 4. I am not a member of the armed forces, nor in active military service, of the United States of America or the Commonwealth of Pennsylvania or any other state or country. 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 4904, relating to unsworn falsification to authorities. Date: November 29, 2007 William H. S oemaker, Defendant LAW OFFICES 1ARLIN R. McCALEB C7 KIM E. KEHLER, Plaintiff . vs. WILLIAM H. SHOEMAKER, Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-812 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3302 (d) 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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after 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 are made subject to the penalties of 18 Pa. C.S. Section §4904, relating to unsworn falsification to authorities. Date: November 29, 2007 William H. Shoemaker, Defendant LAW OFFICES MARLIN R. McCALEB ? ? ? ? ?N: .? N ? , _, .. ?.,-: < y `?? ..? c'? KIM E. KEHLER, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-812 WILLIAM H. SHOEMAKER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 12 February 2007 and served within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. _WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after 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 are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: KIM E. KEHLER c° p 0 C? lT7f.r: Q ?i'1 i?,) 'C7fT ` Z Z KIM E. KEHLER, VS. Plaintiff WILLIAM H. SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-812 Civil Term IN DIVORCE STIPULATION AND JOINT MOTION FOR ENTRY OF ORDER AND NOW come the above-named parties, by their undersigned attorneys who are authorized to make this Stipulation and Joint Motion on their behalf, and jointly moves the Court to enter the attached Order for Alimony to implement a provision of the Property Settlement Agreement signed by the parties and dated 20 November 2007, and stipulate and agree that the court should enter such order to implement that provision of the parties' Agreement. Date: 2-O h(?L_2)°1 Date: A4&,. ??sy 7 el L. A des Attorney for Plaintiff Marlin R. McC We Attorney for Defendant C) c r -T, ? Sri • , T ? ? _ ? - KIM E. KEHLER, Plaintiff VS. WILLIAM H. SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-812 CIVIL TERM 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: 1. Ground for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: Acceptance of Service indicating service on 1 March 2007 (Acceptance of Service filed on 26 March 2007). 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: 5 December 2007 by Defendant: 29 November 2007 (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 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 Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Dated 5 December 2007, filed contemporaneously herewith. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: dated 29 November 2007, filed 29 November 2007. ^1 1 Date: 20 B 1 "'v Sa_ , I L. And s Attorney for Plaintiff C Q ' ? ?, ? `*? r-- ? .,.,, ?' ? ?.. Z: , ? C - .:t . ?4i ,? ? ?? ?? ?.,., ? 4 KIM E. KEHLER, Plaintiff/Petitioner VS. WILLIAM H. SHOEMAKER, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE ?'/a- NO. 074*'9'CIVIL TERM IN DIVORCE PACSES Case No: 174109377 ORDER OF COURT AND NOW to wit, this 4th day of January 2008, it is hereby Ordered that the Alimony Pendente Lite Order is terminated, effective December 31, 2007, pursuant to the parties Order for Alimony dated December 21, 2007 and effective January 1, 2008. There is no balance due on the Alimony Pendente Lite account. BY THE COURT: DRO: R.J. Shadday xc: Petitioner Respondent Marlin R. McCaleb, Esq. Samuel L. Andes, Esq. Form OE-001 Service Type: M Worker: 21005 CLI Y .. 3J KIM E. KEHLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - DIVORCE . NO. 07 -812 CIVIL TERM . IN DIVORCE WILLIAM H. SHOEMAKER, Defendant PACSES CASE ID: 174109377 ORDER OF COURT AND NOW, this /!' day of P1larcit , 2014, upon consideration of the within Petition and upon motion by the parties hereto and their respective counsel, it is hereby ORDERED AND DIRECTED that the previous Order of Court dated December 21, 2007, providing for the payment of Alimony by William H. Shoemaker to Kim E. Kehler be, and the same hereby is, terminated effective February 1, 2014. A certified copy of this Order shall be given to the Cumberland County Domestic Relations Section. 0.001.ES 02;415-ct A-4{,f S, ANdec Atl?r/YC .lncC'etleL 3/11/15, CeIbl BY THE COURT, LAW OFFICES MARLIN R. McCALEB KIM E. KEHLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - DIVORCE . NO. 07 -812 CIVIL TERM . IN DIVORCE WILLIAM H. SHOEMAKER, Defendant PACSES CASE ID: 174109377 PETITION TO TERMINATE ALIMONY AND NOW, come the above -named parties, by and through their respective counsel, Samuel L. Andes, Esquire, and Marlin R. McCaleb, Esquire, and respectfully state as follows: 1. The parties hereto are Kim E. Kehler ( "Kehler ") and William H. Shoemaker ( "Shoemaker "), adult individuals who were previously husband and wife and who were divorced by Decree of your Honorable Court entered to the above term and number on December 21, 2007. 2. Pursuant to a separate Order for Alimony entered by your Honorable Court (Judge Oler) on December 21, 2007, (which amended a previous Order of Court dated October 18, 2007, providing for Alimony Pendente Lite), a true copy of which is attached hereto and made a part hereof, marked Exhibit "A ", Shoemaker was directed to pay Alimony to Kehler at the rate of $1,000.00 per month. 3. The parties hereto have entered into a certain Modification Agreement dated January 30, 2014, which provides for the lump -sum payment of Alimony by Shoemaker to Kehler in the amount of $36,500.00 and the termination of the aforesaid monthly payments of Alimony, a true copy of which is attached hereto and made a part hereof, marked Exhibit "B ", NOW, THEREFORE, the parties hereto and their respective undersigned council, pursuant to the aforesaid Modification Agreement, hereby request that the Order of Court dated December 21, 2007, providing for the payment of Alimony by Shoemaker to Kehler, be terminated effective as of February 1, 2014. Date: )ec ,cir 2014 Res 411. ectfully �zb,m tted, a. et Samuel L. A '.es, Esquire Attorney for Plaintiff P.0 Box 168 Lemoyne, PA 17043 Marlin R. McCaleb, Esquire Attorney for Defendant 219 East Main Street P.O. Box 230 Mechanicsburg, PA 17055 VERIFICATION William H. Shoemaker and Kim E. Kehler, Petitioners herein, verify that the statements made in this Petition are true and correct to the best of the knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S., Section 4904, relating to unsworn falsification to authorities Date: February .2‘ , 2014 William Kim E. Kehler AgMh, ‘.0T'46 ';ter • ;es...7;UB° / • � 0 / cARQ $40% cp L A- 2/2t ('y KIM E. KEHLER, Plaintiff VS. WILLIAM H. SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW f■J NO. 2007-812 Civil term cZ IN DIVORCE ORDER FOR ALIMONY AND NOW, this J/ day of , 2007, upon the joint motidiV of the parties, by their counsel, we hereby direct that the Defendant William H. Shoemaker, shall pay alimony to the Plaintiff Kim E. Kehler, as follows: 1. The amount of alimony shall be $1,000.00 per month and shall only be subject to modification upon Defendant's total disability which prevents his employment or working in any reasonable capacity, 2. The term of alimony shall commence with the final decree in divorce and shall continue until Defendant's 65th birthday, or until the death of the Defendant, the death of Plaintiff, Plaintiff's remarriage, or Plaintiff's cohabitation with another man, not her spouse, for a continuous period of sixty days or more, whichever shall first occur. '1 3. The alimony payments shall be made on or before the 1st day of each month and shall be paid through the Domestic Relations Office of this Court and the Pennsylvania Support Collection and Disbursement Unit. Defendant's wages shall not be attached to secure payment of the alimony pursuant to this order as long as Defendant makes the payments through a direct electronic transfer from his account to the Collection Unit, oh a regular and timely basis. In the event that Defendant's payments are ten (10) or more days late on any two or more occasions, however, Defendant's wages shall be attached to effect the prompt and timely payment of the alimony pursuant to this Order. 4. Payments made by Defendant to Plaintiff pursuant to this Order shall be treated by both parties, for income tax purposes, as alimony. Exhibit "A" 5. We will retain jurisdiction of this matter to administer and enforce the provisions of this Order. BY THE COURT, 4424 Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) P.O. Box 168, Lemoyne, PA 17043 Marlin R. McCaleb, Esquire (Attorney for Defendant) P.O. Box 230, Mechanicsburg, PA 17055 Exhibit "A" J. 1 MODIFICATION AGREEMENT THIS MODIFICATION AGREEMENT, made and entered into day of , 2014, by and betWeen: SHOEMAKER "Shoemaker"),- party o the first part, and KIM E. KEHLER C'Kehler"), party of the second part, witness as follows: WHEREAS, the parties hereto are the parties in'and to a certain Property Settlement Agreement dated November 20, 2007, ("Agreement") which is incorporated herein and made a part hereof by reference thereto; and WHEREAS, the parties have come to an agreement to alter and amend certain provisions of said Agreement as more fully set forth hereinafter; NOW, THEREFORE, in consideration of the foregoing, as well as in consideration of the mutual promises and agreements hereinafter set forth, and for other good and valuable considerations, the parties hereto, intending to be legally bound, do hereby covenant, promise and agree as follows: 1. Paragraph 5 of said Agreement provides for Shoemaker to pay Alimony to Kehler in the amount of $1,000.00 per month until, his sixty-fifth (65th) birthday (March 16, 2017), or upon the happening of certain other events. In lieu of, monthly payments f alimony, Shoemaker shall pay to Kehler a lump sum of Alimony in the amount of $36,500.00 upon the execution and delivery of this Modification Agreement. 2. This Agreement shall be effective as of February 1, 2014, and Shoemaker shall have no -obligation or liability-formonthly payments of Alimony to-Kehler after the paynient.to her the last week of January 2014. 3. Shoemaker's obligations to keep and maintain life insurance and to designate Kehler as beneficiary thereof as set forth in Paragraph 6, of said Agreement are hereby terminated and Shoemaker has no further obligation to keep and maintain such insurance or. to designate the beneficiary thereof. Page 1 of 3 Exhibit "B" 4. The parties hereto agree to join in a Petition to the Court of Common Pleas of Cumberland County, Pennsylvania, to terminate the Order of Court dated October 18, 2007, entered to No. 07-812 Civil Term, providing for the payment of alimony as set forth in said Agreement. 5. In all other respects, the provisions of said Agreement are hereby ratified and affirmed. IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Modification Agreement the day and year first above written. Witnessed by: Kim E. Kehler Pige 2 bf‘ 3 Exhibit "B" (SEAL) STATE OF SOUTH CAROLINA : SS COUNTY OF On this, the i5 day of E e , 2014, before me, the undersigned officer, personally appeared WILLIAM H. SHOEMAKER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purpose therein contained. IN WITNESS WHE REOF, I hereunto set my hand and official seal. • • My Commission Expires: 74 1• .0 Y''t 11111111° COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND On this, the 30TH day of JANUARY 2014, before me, the undersigned officer, personally appeared KIM E. KEHLER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed sam for purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and office seal. ccosiosmou.iti or PENIINNWANIA !.t My Co ssion Expires: Page 3 of 3 Exhibit "B" KIM E. KEHLER, Plaintiff/Petitioner VS. WILIAM H. SHOEMAKER, Defendant/Respondent IN THE COURT OF COMMON PLaS Or CUMBERLAND COUNTY, PENNVANIA .z. --, CIVIL ACTION - DIVORCE (r) r- -,-.. — 17-E3/,,,1 -r-; NO.-0-7=8-1-5-CIVIL TERM (....) -, IN DIVORCE = c) PACSES Case No: 174109377 ---c - .7--) -c: ORDER OF COURT AND NOW to wit, on this 13th day of March, 2014, it is hereby Ordered that pursuant to the Order of March 11, 2014, terminating the alimony effective February 1, 2014 and the Parties' Modification Agreement of January 30, 2014, the Cumberland County Domestic Relations Section dismisses its interest in the above captioned alimony matter. The alimony account is closed with a credit balance of $2,000.00. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. DRO: R.J. Shadday xc: Petitioner Respondent Samuel L. Andes, Esq. Marlin R. Mc Caleb, Esq. Service Type: M BY THE COURT: Christylee eck, J. Form 0E-001 Worker: 21005