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k IN THE COURT OF COMMON FLEAS
OF CUMBERLAND COUNTY
STATE OFPENNA.
Jennifer E. Shughart
N u. 5081 ig 97
d
Vei stis ig
{ Bradley E. Shughart
tr
i DECREE IN
DI VORCE f
AND NOW, ........ m ...??.. ....... 199 • , it is ordered and
decreed that ..... •Jenn•ifer E.. Shughart. ... • . • • .... , plaintiff,
A and ................ Bxadle.y.e,. S.hvghazt................... defendant,
fd are divorced from the bonds of matrimony.
jt "rhe court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
R been entered; None
The. .parties executed a Property Settlement Agreement dated .
Ap.ril.14, 19,98 whtCh.s.hall..be.in?4Fporated.but„not•merged,into !?
the final Divorce Decree.
CDy *hirt:
Attest: , . J ... J.
r'
q?ti... Prothonotary
Wit. as ;r.. x.. r . :? • •:?: <?: :?: <?> W. W..• W, tW.: ;?::V. I.C. 'A.. W. :W> ;r.• :?> • ?c•
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JENNIFER E. SHUGHART IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
BRADLEY E. SHUGHART NO. 97-3081 CIVIL TERM
Defendant IN DIVORCE and CUSTODY
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Kindly 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)
of the Divorce Code.
2. Date and manner of service of the Complaint: Complaint served
on Bradley E. Shughart by Certified Mail, with return receipt signed by Bradley E.
Shughart on September 22,
3. Date of execution of the Affidavit of Consent required by Section
3301(c) of the Divorce Code:
Plaintiff on December 22, 1997:
Defendant on March 3. 1998: Aq,0 al, 1V9ir
4. A Property Settlement Agreement has been executed by the partis,
and has been filed with the Court is to be incorporated but not merged in the Divorce
Decree to be entered herein.
• 1 ? I
6. Related claims pending: None
Re?lly submitted,?
Peter J. Russo
61 West t-duther Street
Carlisle, PA 17013
(717) 249-2721
Date: LI a9 l a
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JENNIFER E. SHUGHART
Plalntlff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BRADLEY E. SHUGiHART
Defendant
AND N
consideration
respective cot
Conciliator, at
NO. 97- )'040 CIVIL TERM
IN DIVORCE and CUSTODY
this -).,s
e attached Comola
on the day of 1997, at t -?C) _ ri m. 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 Temporary Order. All children age five or
older may at the request of either attorney or party, be present at the conference. Failure
to appear at the Conference may provide grounds for the entry of a temporary or
permanent Order.
FOR THE COURT,
By:V2?so ? kin v? . SAu A) &o 6-t
Custody Conciliator (m.)
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.
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.
Office of the Court Administrator
Cumberland County Court House, 4th Floor
Carlisle, Pa. 17013
(717) 240-6200
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JENNIFER E. SHUGHART
Plaintiff
V.
BRADLEY E. SHUGHART
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97- TO ! 1 CIVIL TERM
IN DIVORCE and CUSTODY
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 fall to do so, the case 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, Cumberland County Court House, Carlisle,
Pennsylvania.
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 Court Administrator
Third Floor
Cumberland County Court House
Carlisle, Pa. 17013
(717) 240-6200
JENNIFER E. SHUGHART
Plaintiff
V.
BRADLEY E. SHUGHART
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97- sbyi CIVIL TERM
IN DIVORCE and CUSTODY
AND NOW comes tho above-named Plaintiff by and through her attorney
Peter J. Russo, and seeks to obtain a Decree in Divorce from the above-named
Defendant, upon the grounds hereinafter more fully set forth:
1. Plaintiff is an adult individual residing at 1295 High Street, Boiling Springs,
Cumberland County, Pennsylvania and is a citizen of the United States.
2. Defendant is an adult individual residing at 1295 High Street, Bolling
Springs, Cumberland County, Pennsylvania and is a citizen of the United States.
3. Plaintiff has been a bona fide resident of the Commonwealth of
Pennsylvania for at least six months prior to filing of this Complaint.
4. Defendant has been a resident of the Commonwealth of Pennsylvania for
at least six months prior to filing of this Complaint.
5. Plaintiff and Defendant were married on February 23, 1991 in Cumberland
County, Pennsylvania.
8. There are two children of the parties under the age of eighteen (18):
N=2 Date of Birth
Abigail E. Shughart 04/02/98
Ashley E. Shughart 10/15/93
?ddr1: ? ?0?71'N]T?
7. Plaintiff hereby incorporates by reference averments 1 through 8 of this
Complaint as if each averment were set forth fully hereunder.
8. There has been no prior action for divorce by either party against the other.
9. Neither Plaintiff nor Defendant Is in the Armed Forces of the United States
or any of its allies.
10. Plaintiff avers that the marriage between the parties is irretrievably broken.
11. Plaintiff has been advised that counseling is available and that Plaintiff may
have the right to request that the court require the parties to participate in counseling,
but does not request the same.
12. Plaintiff hereby incorporates by reference averments 1 through 11 of this
Complaint as if each averment were set forth fully hereunder.
13. Plaintiff and Defendant have acquired property, both real and personal,
during the course of their marriage.
14. The parties have also acquired home furnishings, motor vehicles, bank
accounts, retirement accounts, Investments and miscellaneous items of personal
property.
15. Thus far plaintiff and defendant have been unable to agree as to an
equitable distribution of said property, therefore Plaintiff requests the equitable
distribution of said marital property.
18. Plaintiff hereby incorporates by reference averments 1 through 15 of this
Complaint as if each averment were set forth fully hereunder.
17. Plaintiff seeks custody of the following children:
K=2 Present Reetdence M
Abigail E. Shughart 1295 High Street 04/02/98
Boiling Springs, PA
Ashley E. Shughart 1295 High Street 10/15/93
Boiling Springs, PA
18. The children were not born out of wedlock.
19. The children are presently in the custody of both parties at 1295 High
Street, Boiling Springs, Cumberland County, Pennsylvania.
20, In the last five years the children have resided with the following persons
and at the following address:
mum Addryes DAIM
Plaintiff & Defendant 8 Park Street Oct., 1993 -
(Ashley only) Mt. Holly Springs, PA July, 1995
Plaintiff & Defendant 1295 High Street July, 1995 -
Boiling Springs, PA Present
21. The Defendant, the father of the children, is Bradley E. Shughart, currently
residing at 1295 High Street, Boiling Springs, Cumberland County, Pennsylvania. He is
married.
22. The Defendant currently resides with the following persons:
UM32 HAIR
Jennifer E. Shughart Wife
Ashley E. Shughart Daughter
Abigail E. Shughart Daughter
23. The Plaintiff, the mother of the children, is Jennifer E. Shughart, currently
residing at 1295 High Street, Boiling Springs, Cumberland County, Pennsylvania. She
Is married.
24. The Plaintiff currently resides with the following persons:
Ham Relatlonehl
Bradley E. Shughart Husband
Ashley E. Shughart Daughter
Abigail E. Shughart Daughter
25. Plaintiff is not participating as a party or witness, or in another capacity, In
other litigation concerning the custody of the children In this or another court.
28. The Plaintiff has no knowledge of any custody proceedings concerning
these children pending before a court In this or any other jurisdiction.
27. The Plaintiff does not know of any person not a party to this action who has
physical custody of the children or claims to have custody or visitation rights with respect
to the children.
28. The best interest and permanent welfare of the children will be served by
providing the parties with shared legal and physical custody.
WHEREFORE, Plaintiff, Jennifer E. Shughert, prays that this Honorable Court
enter a decree in favor of the Plaintiff and against Defendant as follows:
A. That a decree in divorce be entered dissolving the marriage between
the two parties; and
B. That a decree be entered granting equitable distribution of marital
property.
C. That a decree be entered granting shared legal and physical custody
of the parties' children.
Date: ? L/4 7
Res ectfully submitted,
Peter J. Russo
(717) 249.2721
VERIFICATION
I, Jennifer Shughart, verity that the statements made in the forgoing document
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.
Jennifer ughart
Dated:
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PETER J. RUSSO, ESQUIRE
PA Supreme Court ID: 72897
81 West Louther Street
Carlisle, PA 17013
(717) 249-2721
JENNIFER E. SHUGHART
Plaintiff
V.
BRADLEY E. SHUGHART
Defendant
Attorney for Plaintiff
IN THIt COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-5081 CIVIL TERM
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE
OF INTENTION TO ENTER DIVORCE DECREE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was
filed on September 18, 1997 and served on the Defendant on September 22, 1997.
2. The marriage is irretrievably broken and ninety days have elapsed from
the date of the filing of the Complaint and served on the Defendant.
3. 1 consent to the entry of a Final Decree of Divorce without further notice.
4. 1 understand that I may lose rights concerning alimony, division of
property, lawyers fees or expenses it I do not claim them before a divorce is granted.
However, I believe that the Defendant and I can reach an agreement relating to those
rights.
5. 1 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.
6. 1 understand that the court maintains a list of marriage counselors
In the Domestic Relations Office, which list Is available to me on request,
7. 1 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's Office.
8. Being so advised, I, JENNIFER E. SHUGHART, do not request
that the Court require my spouse and me to participate in counseling prior to a
divorce decree being handed down by the Court.
I verity that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. § 4904 relating to unsworn falsification to Authorities.
December 22, 1997
DATE:
JENNIFE E. SHUGH T
JENNIFER E. SHUGHART,
Plaintiff
V.
BRADLEY E. SHUGHART,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5081 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF
SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE
1, A complaint in divorce under Section 3301(C) of the Divorce Code was
filed on September 18, 1997.
2. Defendant acknowledges receipt and accepts service of the Complaint on
September 22, 1997.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and
ninety days have elapsed from the date of the filing of the Complaint,
4. 1 consent to the entry of a final decree in divorce without notice.
5. 1 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.
6. 1 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.
7. 1 have been advised of the availability of marriage counseling and
understand that I may request that the court require counseling. I do not request that
the court require counseling.
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:
B LEY E. S GHART
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PETER J. RUSSO, ESOUIRE
PA Supreme Court ID: 72897
61 West Louther Street
Carlisle, PA 17013
(717) 249-2721
Attorney for Plaintiff
JENNIFER E. SHUGHART
Plalntiff
V.
BRADLEY E. SHUGHART
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-5081 CIVIL TERM
IN DIVORCE
PROOF OF SERVICE OF PLAINTIFF'S AFFIDAVIT
UPON DEFENDANT
AND NOW COMES, Peter J. Russo, Attorney for Plaintiff, Jennifer E. Shughart,
and certifies that on December 22, 1997 he did serve the Defendant, Bradley E.
Shughart with the Affidavit of Plaintiff Under Section 3301(c) of the Divorce Code by
placing same in an envelope addressed to Bradley E. Shughart, c/o Michael A.
Scherer, 17 West South Street, Carlisle, Pennsylvania 17013 and deposited same in
the U.S. Mall receptacle for transmittal by first class mail.
Res ectful, ubmitted,
Peter J. Russo
61 West Louther Street
Carlisle, PA 17013
(717) 249-2721
Date: December 22, 1997
PETER J. RUSSO, ESOUIRE
PA Supreme Court ID: 72897
81 West Louther Street
Carlisle, PA 17013
(717) 249-2721
Attorney for Plaintiff
JENNIFER E. SHUGHART
Plaintiff
V.
BRADLEY E. SHUGHART
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION • LAW
NO. 97.5081 CIVIL TERM
IN DIVORCE
PROO)c OF SERVICE OF PLAINTIFF'S COMPLAINT
UPON DEFENDANT
NOW COMES, PETER J. RUSSO, Attorney for Plaintiff, Jennifer E. Shughart and
certifies that on September 18, 1997, he did serve the Defendant, Bradley E. Shughart
with a true and correct copy of the Divorce Complaint filed against him alleging the
parties marriage was irretrievably broken under Section 3301(d) and Section 3301(c) of
the Divorce Code. Said complaint was served upon the defendant by placing same in
an envelope, return receipt requested and addressed to Bradley E. Shughart 1295 High
Street, Boiling Springs, Pennsylvania, 17007.
Service of Plaintiffs Complaint on the defendant, Bradley E. Shughart was effected
on September 22, 1997. A true and correct copy of the U.S. Postal Service Return
Receipt is attached hereto and the original is affixed to the reverse of this document.
Respectfully submitted,
,n n
(;Po h
Peter J. Russo
Attorney for Plaintiff
Date: December 22. 1997
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PETER J. RUSSO, ESQUIRE
PA Supreme Court ID: 72897
81 West Louther Street
Carlisle, PA 17013
(717) 249-2721
JENNIFER E. SHUGHART
Plaintiff
V.
BRADLEY E. SHUGHART
Defendant
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-4081 CIVIL TERM
IN DIVORCE
CERTIFICATE OF SERVICE
I, Peter J. Russo, Esquire, hereby certify that I am on this day serving a copy of
the foregoing document upon the person (s) and in the manner indicated below:
Service by First-Class Mail, Postage Prepaid, and Addressed as follows:
Bradley E. Shughart
c/o
Michael A. Scherer, Esquire
17 West South Street
Carlisle, PA 17013
o?
Peter J. Russo
Attorney for Plaintiff
Dater December 22. 1997 .
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this / -// / lday of ? 2 L.2 1998, by and
between Jennifer E. Shughart, hereinafter referred to as "Wife", and Bradley E. Shughart,
hereinafter referred to as "Husband."
WITNESSETH:
WHEREAS, the parties are Husband and Wife who were married on February 23,
1991 and have been separated since October 11, 1997; and,
WHEREAS, Wife has instituted divorce proceedings in the Court of Common Pleas
of Cumberland County to No. 97-5081 Civil Term by complaint filed on September 18,
1997; and,
WHEREAS, the parties are the parents of Abigail E. Shughart, born April 2, 1996,
and Ashley E. Shughart, born October 15, 1993, and a custody Order dated November 5,
1997 has been entered at No. 97-5081 Civil Term defining the custody rights of the
parties; and,
WHEREAS, the parties desire to settle fully and finally their respective financial and
property rights and obligations as between each other, including without limitation without
specification: settling of all matters between them relating to the ownership of real and
personal property, and the settling of all related economic claims including but not limited
to spousal support, alimony and alimony pendente lite; and in general the settling of any
and all claims or possible claims of one against the other or against their respective
estates; and,
1
WHEREAS, Wife is represented by Peter J. Russo, Esquire, who is her separate
legal counsel and she has been advised of her respective rights, privileges, duties and
obligations relative to the parties' property rights and interests under the Divorce Code and
regarding alimony and spousai support, and Husband is represented by Michael A.
Scherer, Esquire, who is his separate legal counsel and he has been advised of his
respective rights, privileges, duties and obligations relative to the parties' property rights
and interests under the Divorce Code and regarding alimony and spousal support; and,
WHEREAS, each party is fully familiar with the marital property and both parties
now desire to settle and determine his and her property rights and claims under the
Divorce Code, including all claims regarding equitable distribution of marital property,
alimony, spousal support and related economic claims.
NOW, THEREFORE, in consideration of the mutual promises herein, the parties
hereto being legally bound hereby, do covenant and agree as follows:
1. The parties agree to the entry of a Decree in Divorce pursuant to Section
3301(c) of the Divorce Code. Both parties shall execute and file the requisite Consents
and Waivers with the Court contemporaneously with the execution of this Agreement.
Wife's counsel shall withdraw Wife's claim for economic relief. The Wife's attorney shall
file the Praecipe to Transmit the record and obtain a Decree in Divorce without delay.
Should either party do anything to delay or deny the entry of such a Decree, or fail to do
anything required to obtain the Divorce Decree in breach of this Agreement, the other party
may, at his or her option, declare this Agreement null and void.
z
y.
2. This Agreement and all warranties and representations contained herein
shall survive the Divorce Decree and shall continue to be enforceable in accordance with
its terms. No Court may change the terms of this Agreement, and It shall be binding and
inclusive upon the parties. An action may be brought at law, in equity or pursuant to the
provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. In
the event of a reconciliation, attempted reconciliation or other cohabitation of the parties
hereto after the date of this Agreement, this Agreement shall remain in full force and effect
in the absence of a written agreement signed by the parties expressly stating that this
Agreement has been revoked or modified.
3. Wife shall become the sole owner of the 1991 Toyota Corolla she presently
drives, while Husband shall become the sole owner of the 1988 Ford Ranger pickup truck
he currently drives. Aside from the foregoing, the parties have divided between them to
their mutual satisfaction all items of tangible personal property which had heretofore been
used by them in common and neither party shall make any claim to such property in the
possession of the other. Each party will execute any and all documents necessary to
effectuate the transfer of ownership of any items of personal property titled in both names
as set forth above.
4. The marital residence is located at 1295 High Street, Boiling Springs,
Pennsylvania, The parties purchased the marital residence in 1995 and believe there to
be very little equity in the home, especially if the home were to be listed with a real estate
broker and sold on the open market. Husband shall become the sole owner of the marital
3
residence and Wife shall, concurrent with the execution of this agreement, sign a Quitclaim
Deed transferring all her right, title and interest to the real estate located at 1295 High
Street, Boiling Springs, Pennsylvania, to Husband. Husband shall refinance the loan for
the real estate to remove Wife's obligation therefrom within two years hereof.
5. Husband shall transfer the entire balance of the Christmas Club savings
account to Wife within ten days of the date of this Agreement. Aside from the foregoing,
the parties have divided between them to their mutual satisfaction all intangible personal
property consisting of cash, bank accounts, annuities, securities, insurance policies,
pension and retirement rights, whether vested or contingent, and all other such types of
property. The parties hereby agree that all such intangible property presently in the
possession of or titled in the name of Husband shall be his sole and separate property,
and that in the possession or titled in the name of the Wife shall be her sole and separate
property. Each party hereby expressly waives any right to claim any pension/profit
sharing/retirement rights of the other, vested or contingent, each party to retain full
ownership of such rights as his or her sole and separate property.
6. Husband shall be solely responsible for the personal loan in both parties'
names with Farmer's Trust Company and for repayment of the credit card debt to
Montgomery Wards. Except as herein otherwise provided, each party represents that she
and he have not heretofore incurred or contracted any debt or liability or obligation for
which the other may be held responsible or liable Each party agrees to indemnify and
hold harmless the other from and against all such debts, liabilities or obligations of any
4
kind which may have heretofore been incurred between them, except the obligations
arising out of this Agreement.
7. Wife shall be entitled to claim Abigail as a dependent for income tax
purposes and husband shall be entitled to claim Ashley as dependent for income tax
purposes provided the current shared custody situation remains in effect.
8. Both parties covenant, warrant, represent and agree that each will now and
at all times hereafter save and keep each other indemnified against all debts, charges, or
liabilities incurred by the other execution of this Agreement, except as may be otherwise
specifically provided for by the terms of this Agreement and neither of them shall hereafter
incur any liability whatsoever for which the Estate of the other may be liable. Each party
further agrees to indemnify and save and hold harmless the other from any and all
liabilities he or she may incur upon the obligations of or assumed by the other, which
indemnification as to all provisions of this Agreement shall include the right to recover out
of pocket expenses and reasonable attorney's fees actually incurred.
9. Both parties agree that the hereinabove set forth Agreement constitutes an
equitable distribution of their marital property and equitable resolution of all other
economic claims pursuant to the provisions of the Divorce Code and each party
irrevocably waives, releases, and remises any claim to ownership of or interest in any
property designated as the property of the other by virtue of the provisions of this
Agreement except as otherwise may be provided pursuant to the provisions of this
Agreement.
5
10. Husband and Wife do hereby mutually release, remise, quitclaim and forever
discharge the other and the estate of the other from any and all claims either party has
now, ever may have or can at any time have against the other or the other party's estate,
whether arising out of formal contracts, engagements or liabilities of the other party, arising
by way of widower's right or under the Intestate Law arising by any right to take against the
will of the other party, arising out of the Divorce Code, Act No. 26 of 1980, as amended,
including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right
to spousal support or arising by any nature whatsoever, excepting only those rights
accorded to the parties under this Agreement. Each party hereby expressly waives his or
her right to make a claim against the other for alimony, alimony pendente lite or spousal
support.
11. If either party to this Agreement resorts to a lawsuit or other legal action
pursuant to the provisions of the Divorce Code or otherwise shall enforce the provision of
this Agreement, the successful party shall be entitled to recover his or her reasonable
attorney fees, actually incurred, from the other as party of the judgment entered in such
legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or
otherwise as the same shall be determined by the Court.
12. The parties do hereby warrant, represent and declare and do acknowledge
and agree that each is and has been fully and completely informed of and is familiar with
and is cognizant of the wealth, real and/or personal property, estate and assets, earnings
and income of the other and that each has made a full and complete disclosure to the
6
other of his or her entire assets and liabilities and any further enumeration or statement
thereof In this Agreement is specifically waived.
13. This Agreement constitutes the entire understanding of the parties. There
are no covenants, conditions, representations or agreements, written or oral, of any nature
whatsoever, other than those herein contained.
14. This Agreement is subject to modification only by a subsequent legal writing
signed by both parties. It shall be construed according to the laws of the Commonwealth
of Pennsylvania.
15. Husband and Wife acknowledge that each of them has read and understands
his and her rights and responsibilities under this Agreement, that he and she have
executed this Agreement under no compulsion to do so but as a voluntary act, being
apprised of its consequences.
16. This Agreement shall bind and inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and assigns.
WITNESS:
Bra &y E. Shu art
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JENNIFER E. SHUGHART,
Plaintiff
va.
BRADLEY E. SHUGHART,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5081 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
MID NOW, this 2 ?'0 day of rMR.eA , 1998, upon
consideration of the attaci-Custody Conciliation Report, t s ordered and
directed as follows:
1. The prior order of this Court dated November 5, 1997 shall continue
in effect with the modifications and additions set forth in this order.
2. Paragraph 2 B of the November 5, 1997 Order shall be modified to
provide that the Mother's period of custody during the Week II schedule
shall be extended from Tuesday at 5:00 p.m. until the following Friday
morning when the Mother shall return the Children to the maternal
grandmother's residence.
3. In order for the parties to switch weekends under the existing
alternating schedule, the Father shall have custody of the Children for two
consecutive weekends, March 27-29, 1998 and April 3-5, 1998 and the Mother
shall have her Week II mid-week period of custody from Tuesday through
Friday during two corresponding consecutive weeks.
4. The Mother shall insure that the Children are not transported to
Virginia during her periods of weekend custody for the purpose of exchanging
custody of the child/children of the mother's boyfriend.
5. In the event either party intends to remove the Children from
Pennsylvania during his or her periods of custody for an overnight period or
longer, that party shall provide the address and telephone number where the
children can be reached to the other party.
6. This Order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this order by mutual agreement. In the absence of mutual agreement, the
terms of this order shall control.
BY THE COURT,
^Z_.
Keen . Hess, J.
cc: Peter J. Russo, Esquire - Counsel f Mother _ ..L..A tl .x-3/91
Michael A. Scherer, Esquire - Counsel for Father ,g
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JENNIFER E. SHUGHART,
Plaintiff i
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Vs. i
BRADLEY E. SHUGHART, t
Defendant
PRIOR JUDO: Kevin A. Heal
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5081 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
CU11M CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDM
1915.3-81 the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
NAME OATS OF BIRTH CURREMY IN CUSTODY OF
Ashley E. Shughart October 15, 1993 Mother/Father
Abigail E. Shughart April 2, 1996 Mother/Father
2. A second Conciliation Conference was held on March 17, 1998, with
the following individuals in attendance: The Mother, Jennifer E. Shughart,
with her counsel, Peter J. Russo, Esquire, and the Father, Bradley E.
Shughart, with his counsel, Michael A. Scherer, Esquire.
3. The parties agreed to entry of an Order innthe form as attached.
`"o-I L/t l Li w1^-^r`n•-.. CJ(A.t!
Date Dawn S. Sun ay, Esqu C
Custody Conciliator
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JENNIFER E. SHUGHART,
Plaintiff s
vs.
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BRADLEY E. SHUGHART,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5061 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE and CUSTODY
ORDER OF COURT
AND NOW, this P day of /is V44- , 1997,
upon consideration of the?a-t'tac ed Custody Con- at on Report, it is
ordered and directed as follows:
1. The Father, Bradley E. Shughart, and the Mother, Jennifer E.
Shughart, shall have shared legal custody of Ashley E. Shughart, born
October 15, 1993 and Abigail E. Shughart, born April 2, 1996.
2. The parties shall share physical custody of the Children in
accordance with the following alternating weekly schedule:
A. During Week I, which begins on Thursday, October 30, 1997,
the Mother shall have custody of the Children from Thursday
at 5:00 p.m. through the following Sunday at 6:00 p.m..
B. During Week II, which begins on Tuesday, November 4, 1997,
the Mother shall have custody of the Children from Tuesday at
5100 p.m. until the following Thursday morning when the
Mother shall return the Children to the maternal
grandmother's residence.
C. The Week I and Week II schedules shall alternate thereafter,
with the Mother providing transportation for exchanges of
custody to and from the maternal grandmother's home.
D. The Father shall have custody of the Children at all times
not otherwise specified as the Mother's periods of custody in
this Order.
3. The parties shall share or alternate having custody of the
Children on holidays as follows:
A. Thanksgiving 1997: In 1997, the party who otherwise has
custody under regular schedule on Thanksgiving morning
shall have custody of the Children until 2:00 p.m. on the
holiday and the other party shall have custody of the
Children from 2:00 p.m. on Thanksgiving Day through the
remainder of that party's regular period of custody.
B. Christmas 1997: In 1997, the Father shall have custody of
the Children from Christmas Eve at 5:00 p.m. through
Christmas Day at 2:00 p.m., and the Mother shall have custody
of the Children from Christmas Day at 2:00 p.m. until
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December 26 at 6:00 p.m.
C. Motherustody's Day/Father's Day: In every year, the Mother shall
ave c of t F
Ch dren on Mother's Day and the Father
shall have custody of the Children on Father's Day.
D. Children's Birthdays: Each party shall have an opportunity
to spend time with the Children on their birthdays with the
specific arrangements to be made by mutual agreement of the
parties.
E. The parties shall make arrangements by mutual agreement to
share or alternate having custody of the Children on the
remaining holidays which are not addressed by this order.
4. In the event either party requires childcare for the children
during his or her periods of custody, that party shall first make a
reasonable effort to contact the other party to offer the opportunity to
provide care for the Children prior to contacting a third party babysitter.
5. The parties agree to follow the custody arrangements set
forth in this Order on a trial basis for at least three (3) months. If, at
the conclusion of the trial period, either party believes that the custody
arrangements are not serving the Children's best interests, counsel for
either party may contact the Custody Conciliator to schedule a second
Conference. This Order shall continue in effect pending further Order of
Court or agreement of the parties.
6. This order is entered pursuant to an agreement of the parties
at a Custody Conciliation Conference. The parties may modify the
provisions of this order by mutual agreement. In the absence of, mutual
agreement, the terms of this order shall control.
BY THE COURT,
J.
cc: Peter J. Russop Esquire - Counsel f Zm?ther y (ie(
Michael A. Scherer, Esquire - Counsel for Father I
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JENNIFER E. SHUGHART, : IN THE COURT OF COMMON PLEAS OF
Plaintiff a CUMBERLAND COUNTY, PENNSYLVANIA
e
vs. N0. 97-5061 CIVIL TERM
e
BRADLEY E. SHUGHART, CIVIL ACTION - LAW
Defendant IN DIVORCE and CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACOORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCT,D =
1915.3-81 the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the children who are the
subjects of this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Abigail E. Shughart April 2, 1996 Mother/Father
Ashley E. Shughart October 15, 1993 Mother/Father
2. A Conciliation Conference was held on October 29, 1997, with the
following individuals in attendance: The Mother, Jennifer E. Shughart,
with her counsel, Peter Russo, Esquire, and the Father, Bradley E.
Shughart, with his counsel, Michael A. Scherer, Esquire.
3. The parties agreed to entry of an order in the form a3 attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
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JENNIFER E. SHUGHART,
Plaintiff
vs.
BRADLEY E. SHUGHART,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5081 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
ORDER OF OOEW
MID NOW, this day of t.t- 1999, upon
consideration of the attach-Custody Con- at on Report# ii is ordered
and directed as follows:
1. A Hearing is scheduled in CWt Room No. , of the
Cumberla County Court House on the Oe day of ?el Ni,.• ,
1999 at `/ 30 o'clock, -l .m., at Zii T time testimony will be taken .
For purposes of this Nearing, the Father, Bradley E. Shughart, shall be
deemed to 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 each party's position on custody, a list of
witnesses who are expected to testify at the Hearing, and a summary of the
anticipated testimony of each witness. These Memoranda shall be filed at
least ten (10) days prior to the Hearing date.
2. The prior Orders of this Court dated November 5, 1997 and March
23, 1998 shall continue in effect pending further order of Court or
agreement of the parties.
3. Both parties shall cooperate in submitting themselves and the
Children to a custody evaluation, if requested by the other party who would
be responsible for the cost.
BY THE COURT,
cos
Peter J. Russo, Esquire - Counsel for Mother _ ur.: 40/110/f 9.
Michael A. Scherer, Esquire - Counsel for Father ""1?- ,4f
JENNIFER E. SHUGHART,
Plaintiff
Va.
BRADLEY E. SHUGHART,
Defendant
PRIOR JUDGE: Kevin A. Hess
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: N0. 97-5081 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
CU!9T()DY CONCILIATION SUMMARY REPORT
IN AOOOtDANC E WITH CUMBF2UJRND COMITY RULE OF CML PR0C89M
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Ashley E. Shughart October 15, 1993 Mother/Father
Abigail E. Shughart April 2, 1996 Mother/Father
2. A Conciliation Conference was held on June 9, 1999, with the
following individuals in attendance: The Mother, Jennifer E. Shughart,
with her counsel, Peter J. Russo, Esquire, and the Father, Bradley E.
Shughart, with his counsel, Michael A. Scherer, Esquire.
3. This Court previously entered orders in this matter on November 5,
1997 and March 23, 1998 which essentially provide for the parties to have
shared physical custody of the Children in accordance with a two week
cycle. The Father filed this Petition to Modify, seeking to obtain primary
physical custody of the Children. The parties were not able to reach an
agreement as to ongoing custody arrangements and it will be necessary to
schedule a Hearing. It appears to the Conciliator that the source of the
parties' continuing conflicts regarding custody arise from their inability
to communicate even minimally in such a way as to effectively manage a
custody schedule. Although the Mother was willing to engage in counseling
in order to develop communication between the parties, the Father did not
believe counseling would be fruitful.
4. The Father's position on custody is as follows: The Father
believes it would be in the Children's best interest to reside prir:,arily
with him as the parties' oldest daughter will begin kindergarten this Fall.
The Father does not believe the Children can do well in school while on the
current shared custody schedule because the parties are not able to
communicate with respect to school issues that require the sharing of
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information and cooperation. The Father believes that under a primary
custody schedule there will be less need for the parties to interact. The
Father feels that he receives no cooperation from the Mother at all with
respect to the Children. Although the Father is wilting to consider the
possibility of obtaining a custody evaluation to address the custody
issues, he does not believe counseling between the parties would be
successful.
5. The Mother's position on custody is as follows: The mother
believes that it would be in the Children's best interest to continue on
the existing shared custody schedule after the oldest Child begins
kindergarten in the Fall. Although the Mother acknowledges that the
parties have serious problems in communicating, the Mother believes that
the parties would be able to exchange information and cooperate on school
related issues in such a way that the Children would not be affected
detrimentally. The Mother indicated that she would be willing to engage in
counseling with the Father for the purpose of developing communication
between the parties or to participate in a custody evaluation for the
purpose of obtaining recommendations with respect to a primary custody
arrangement.
6. The Conciliator recommends an order in the form as attached
scheduling a Hearing in this matter. It is expected that the Hearing will
require at least one-half day.
`pate Dawn S. Sunday, Esquire
Custody Conciliator
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JENNIFER E. MONGER IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. ; 97-5081 CIVIL ACTION LAW
BRADLEY E. SHUGART
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this 6` day of in,w , 2004, upon
consideration of the attached Custody Conciliation Rep , 't'o in is ordered and directed as follows:
1. The parties shall initiate counseling for the Children with Georgi Anderson or other
professional selected by agreement between the parties. The purpose of the counseling shall be to
address concerns raised by the Father in connection with the custody situation, assess the Children's
current adjustment and well-being in connection with the custody arrangements, and provide written
recommendations, if any, to promote the Children's needs and interests.
2. Pending receipt of written guidance from the counselor and further agreement of the parties
or Order of Court, the prior Order of this Court dated March 23, 1998 shall continue in effect.
3. Within sixty days of receipt of the counselor's recommendations, if any, counsel for either
party may contact the conciliator to schedule an additional custody conciliation conference, if
necessary at that time.
cc: Hadley L. Griffie, Esquire - Counsel for Mother
AV(ichael A. Scherer, Esquire - Counsel for Father
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BY TIME COURT,
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JENNIFER E. MONGER
Plaintiff
vs.
BRADLEY E. SHUGART
Defendant
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
The pertinent information concerning the Children who are the subjects of this litigation is
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
97-5081 CIVIL ACTION LAW
IN CUSTODY
as follows:
NAME,
DATE OF BIRTH
CURRENTLY IN CUSTODY O
Ashley E. Shughart
Abigail E. Shughart
October 15, 1993
April 2, 1996
Mother / Father
Mother / Father
2. A Conciliation Conference was held on April 27, 2004, with the following individuals in
attendance: The Mother, Jennifer E. Monger, formerly Shughart, with her counsel, Bradley L. Griffle,
Esquire, and the Father, Bradley E. Shughart, with his counsel, Michael A. Scherer, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
JENNIFER E. SHUGHART,
Plaintiff
V.
BRADLEY E. SHUGHART,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5081 CIVIL TERM
CIVIL ACTION-LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this i9 " day of November, 1999, at the request of the Defendant,
Bradley Shughart, and with the concurrence of the Plaintiff, Jennifer Shughart, the
hearing set to occur in this matter on December 9, 1999 at 9:30 a.m. is canceled.
Peter J. Russo, Esquire
61 West Louther Street
Carlisle, Pennsylvania 17013
Michael A. Scherer, Esquire
O'Brien, Baric & Scherer
17 West South Street
Carlisle, Pennsylvania 170113
("j, it/11191 -
BY THE COURT,
Law offices
O'RRIEN, BARK' A SC'HERER
17 Wr.ri Smah Aber!
(.'arhalr, Prnn.rvlvania 17013
Ruben L. 071rien
David A, Bark:
Slichael.4. Scherer
Honorable Kevin A. Hess
Court of Common Pleas of Cumberland County
Cumberland County Courthouse
One Courthouse Square
Carlisle, Pennsylvania 17013
RE: Shuahart v. Shuahart
No. 97-5081 Civil Term
In Custody
Dear Judge Hess:
November 18,
(717) 149.6873
Far (717) 249.3713
F-nraff abriu?ohdaw.cam
direct: #ucherrKp))obalaw.com
1999
I represent Brad Shughart, the Petitioner in the above-captioned custody action.
Peter Russo, Esquire, represents Jennifer Monger, formerly Jennifer Shughart, the
Respondent.
Please accept this letter as Brad's request to cancel the custody hearing that
was set to occur before you on Thursday, December 9, 1999 at 9:30 a.m. The
Shugharts are making some progress in counseling and it is felt by both parties that the
hearing will be unnecessary. I have enclosed a proposed Order of Court for your
consideration.
Thank you for your cooperation in this matter.
MAS/j1
Enc,
cc: Brad Shughart
Peter Russo, Esq.
File
mss.d1r1lstt*rs1shu9h4r1.1tr
Very truly yours,
O'BRIEN, BARIC & SCHERER
llx?y*??>
Michael A. Scherer
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JENNIFER E. SHUGHART, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 97-5081 CIVIL TERM
BRADLEY E. SHUGHART, CIVIL ACTION-LAW
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this .jc clay of t 1999, the hearing set in
this matter for September 16, 1999, is hereby continued until the °1-r4
day of LM , 1999 at ?.M)/P.M. in Courtroom #4 of the
Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
vin A. Hess, J.
Michael A. Scherer, Esquire
17 West South Street
Carlisle, Pennsylvania 17013
Peter J. Russo, Esquire
61 West Louther Street
Carlisle, Pennsylvania 17013
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Law Officei
O'BRIEN, IURIC'd SCHERER
/ 7 Wesl.Vouds Sover
Corbs/e, Prnnrylvania 17013
Robe" L. D'B"en
Uayd.+ Barlc
AhcharIA Schtrer
August 25, 1999
Honorable Kevin A. Hess
Court of Common Pleas of
Cumberland County
One Courthouse Square
Carlisle, Pennsylvania 17013
Re: Shugart V, Shugart
No. 97-5081
In Custody
Dear Judge Hess:
(7/7) 249.6873
Far (717) 249.5755
E,-mal: obs(a)obsIaw.com
I write because I represent Bradley E. Shugart, the father involved in the above-
captioned custody action. A hearing had been set to occur before you in this matter on
September 16, 1999 at 9:30 A.M.
The parties have agreed to participate in counseling in an effort to address the
concerns which would have brought them to your court room. Please accept this letter
as my request for a continuance of the September 16, 1999 hearing. Please
reschedule the hearing for some time after December 1, 1999, in the event that a
hearing is necessary.
I have discussed this matter with Peter Russo, Esquire, the mother's attorney,
and he is in agreement with this request. I have prepared a proposed Order relative to
my request. Thank you for your cooperation.
Very truly yours,
O'BRIEN, BARIC & SCHERER
04 LA-1
Michael A. Scherer, Esquire
MAS/ef
cc: Bradley E. Shugart
Peter Russo, Esquire
file
mike/kttsrslshugart,ltr
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JENNIFER E, SHUGHART, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO, 97-5081 CIVIL TERM
BRADLEY E. SHUGHART, : CIVIL ACTION-LAW
Defendant IN CUSTODY
ORDER OF COURT
AND NOW THIS „\?X_ day of /`..:k , 1999, upon consideration
of the attached Petition To Modify Custody, it is hereby directed that the parties and
their respective counsel appear before 9lk 4 1, 1 Esquire,
the conciliator, at 41 5 ,? xv t'? (t on the i:L.i day
of P\ Cc 1999 at l ; A,M./P. M., for a Pre- Baring 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 temporary 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 permanent order
BY THE COURT,
v,'yl 1
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OF 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
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JENNIFER E, SHUGHART,
Plaintiff
V,
BRADLEY E, SHUGHART,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5081 CIVIL TERM
CIVIL ACTION-LAW
IN CUSTODY
PETITION TO MODIFY CUSTODY
AND NOW, comes the Defendant, Bradley E. Shughart, by and through his
attorney, Michael A. Scherer, Esquire, and respectfully represents as follows:
1. The Petitioner is the Defendant, Bradley E. Shughart, (hereinafter
referred to as "father"), who resides at 1295 High Street, Boiling Springs, Cumberland
County, Pennsylvania.
2. The Respondent is the Plaintiff, Jennifer E, Monger, (hereinafter referred
to as "mother"), who resides at 39 North Baltimore Avenue, Mt. Holly Springs,
Cumberland County, Pennsylvania.
3. The parties are the natural parents of Ashley E. Shughart, born October
15, 1993 and Abigail E. Shughart, born April 2, 1996, (hereinafter referred to as
.'children").
4. The parties have shared legal custody of the children.
5. A Custody Order was entered in this matter on November 5, 1997 and
amended by Order dated March 23, 1998, which provided Father with periods of partial
physical custody of the children on an alternating week schedule. Copies of the Orders
of Court dated November 5, 1997 and March 23, 1998 are attached hereto as "Exhibit
A" and "Exhibit B."
6. The parties oldest child, Ashley E. Shughart, is scheduled to begin school
in the Fall, 1999 and Father believes that the current custody arrangement will inhibit
Ashley's ability to do well in school.
7. Father would propose that he be awarded primary physical custody of the
children with Mother having physical custody of the children every other weekend and
one evening per week.
WHEREFORE, Father respectfully requests that this Honorable Court
modify the Orders of Court dated November 5, 1997 and March 23, 1998.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Michael A. Scherer
1/1191 1. D, # 61974
Date: 17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
mos.dlrldomesticlcustodylshughart.pot
JENNIFER E. SHUGHART,
Plaintiff
e
Va.
BRADLEY E. SHUGHARTr
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5081 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE and CUSTODY
ORDER OF COURT
AND NOW, this
upon consideration of the attac ed
ordered and directed as follows:
day of ?drxlt1. r 1997,
Custody Conciliation Report, it is
1. The Father, Bradley E. Shughart, and the Mother, Jennifer E.
Shughart, shall have shared legal custody of Ashley E. Shughart, born
October 15, 1993 and Abigail E. Shughart, born April 2, 1996.
2. The parties shall share physical custody of the Children in
accordance with the following alternating weekly schedule:
A. During Week I, which begins on Thursday, October 301 1997,
the Mother shall have custody of the Children from Thursday
at 5:00 p.m. through the following Sunday at 6.00 p.m..
B. During Week II, which begins on Tuesday, November 4, 1997,
the Mother shall have custody of the Children from Tuesday at
5:00 p.m. until the following Thursday morning when the
Mother shall return the Children to the maternal
grandmother's residence.
C. The Week I and Week II schedules shall alternate thereafter,
with the Mother providing transportation for exchanges of
custody to and from the maternal grandmother's home.
D. The Father shall have custody of the Children at all times
not otherwise specified as the mother's periods of custody in
this Order.
3. The parties shall share or alternate having custody of the
Children on holidays as follows:
A. Thanksgiving 1997: In 1997, the party who otherwise has
custody under the regular schedule on Thanksgiving morning
shall have custody of the Children until 2:00 p.m. on the
holiday and the other party shall have custody of the
Children from 2:00 p.m. on Thanksgiving Day through the
remainder of that party's regular period of custody.
B. Christmas 1997: In 1997, the Father shall have custody of
the Children from Christmas Eve at 5:00 p.m. through
Christmas Day at 2:00 p.m., and the Mother shall have custody
of the Children from Christmas Day at 2:00 p.m. until
"EXHIBIT A"
December 26 at 6:00 p.m.
C. Mother's Day/Father's DaY: In every year, the Mother shall
Have custody of the CChihdren on Mother's Day and the Father
shall have custody of the Children on Father's Day.
D. Children's Birthdays: Each party shall have an opportunity
to spend time with the Children on their birthdays with the
specific arrangements to be made by mutual agreement of the
parties.
E. The parties shall make arrangements by mutual agreement to
share or alternate having custody of the Children on the
remaining holidays which are not addressed by this order.
4. In the event either party requires childcare for the Children
during his or her periods of custody, that party shall first make a
reasonable effort to contact the other party to offer the opportunity to
provide care for the Children prior to contacting a third party babysitter.
5. The parties agree to follow the custody arrangements set
forth in this order on a trial basis for at least three (3) months. If, at
the conclusion of the trial period, either party believes that the custody
arrangements are not serving the Children's best interests, counsel for
either party may contact the Custody Conciliator to schedule a second
Conference. This order shall continue in effect pending further order of
Court or agreement of the parties.
6. This Order is entered pursuant to an agreement of the parties
at a custody Conciliation Conference. The parties may modify the
provisions of this Order by mutual agreement. In the absence of mutual
agreement, the terms of this order shall control.
BY THE COURT,
? J.
cc: Peter J. Russo, Esquire - Counsel for Mother
Michael A. Scherer, Esquire - Counsel for Father
TRUE COPY FROM RECORD
In Testimony whereof, I here unto stt my hand
and the seat of said Courl at Carlisle, Pa.
T is ..;.744".. day, of ..7tO 19Y7.
?? !cL'?I.ti
Proliwnotary
JENNIFER E. SHUGHART,
Plaintiff
Va.
BRADLEY E. SHUGHART,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
t
NO. 97-5081 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE and CUSTODY
CUSTODy CONCILIATION SUMMARY REPORT
IN ACCORDANCE Wrle a*ma I.Am COUNTY RULE or CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submit* the following report:
1. The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
NAME DATE OF BIR'14! CURRENTLY IN CUSIMY OF
Abigail E. Shughart April 2, 1996 Mother/Father
Ashley E. Shughart October 15, 1993 Mother/Father
2. A Conciliation Conference was held on October 29, 1997, with the
following individuals in attendance: The Mother, Jennifer E. Shughart,
with her counsel, Peter Russo, Esquire, and the Father, Bradley E.
Shughart, with his counsel, Michael A. Scherer, Esquire.
3. The parties agreed to entry of an Order in the form 9s attached.
lac-ti_, hf4 a /9 9 7 10/2a(gd?
Date Dawn S. Sunday, Esquire
Custody Conciliator
JENNIFER E. SHUGHART,
Plaintiff
VS.
BRADLEY E. SHUGHART, t
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5061 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
AND NOW, this ,-O3^•44- day of ?lIa xr', , 1998, upon
consideration of the attached -Custody Conc at on Report, it is ordered and
directed as follows:
1. The prior order of this Court dated November 5, 1997 shall continue
in effect with the modifications and additions set forth in this order.
2. Paragraph 2 B of the November 5, 1997 order shall be modified to
provide that the Mother's period of custody during the Week II schedule
shall be extended from Tuesday at 5:00 p.m. until the following Friday
morning when the mother shall return the Children to the maternal
grandmother's residence.
3. In order for the parties to switch weekends under the existing
alternating schedule, the Father shall have custody of the Children for two
consecutive weekends, March 27-29, 1998 and April 3-5, 1998 and the Mother
shall have her Week II mid-week period of custody from Tuesday through
Friday during two corresponding consecutive weeks.
4. The Mother shall insure that the Children are not transported to
Virginia during her periods of weekend custody for the purpose of exchanging
custody of the child/children of the Mother's boyfriend. ,
5. In the event either party intends to remove the Children from
Pennsylvania during his or her periods of custody for an overnight period or
longer, that party shall provide the address and telephone number where the
Children can be reached to the other party.
6. This order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this Order by mutual agreement. In the absence of mutual agreement, the
terms of this Order shall control.
BY THE COURT,
In T ! ny h,end
pe.
... a?.4.4. F Kevin A. Hess, J.
Prothonotary
cc: Peter J. Russo, Esquire - Counsel for Mother
Michael A. Scherer, Esquire - Counsel for Father
"EXHIBIT B"
JENNIFER E. SHUGHART,
Plaintiff
VS.
:
BRADLEY E. SHUGHART,
Defendant
PRIOR JUDGE: Kevin A. Bess
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5081 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-81 the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Ashley E. Shughart October 15, 1993 Mother/Father
Abigail E. Shughart April 21 1996 Mother/Father
2. A second Conciliation Conference was held on March 17, 1998, with
the following individuals in attendance: The Mother, Jennifer E. Shughart,
with her counsel, Peter J. Russo, Esquire, and the Father, Bradley E.
Shughart, with his counsel, Michael A. Scherer, Esquire. ,
3. The parties agreed to entry of an Order in? the form as attached.
- Date Dawn^ 5. Sunday, Esquire
Custody Conciliator
VERIFICATION
I verify that the statements made in the foregoing Petition To Modify Custody
are true and correct. 1 understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities.
r dley E. h art
C-T
DATED, ?l ?l `l9
JENNIFER E. SHUGHART, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V, NO. 97-5081 CIVIL TERM
BRADLEY E. SHUGHART, CIVIL ACTION-LAW
Defendant IN CUSTODY
CERTIFICATE OF SERVICE
I hereby certify that on April -2--,1999, I, Jennifer S, Lindsay, secretary to Michael
A. Scherer, did serve a copy of the Petition To Modify Custody, by first class U.S. mail,
postage prepaid, to the party listed below, as follows:
Peter J. Russo, Esquire
61 West Louther Street
Carlisle, Pennsylvania 17013
Ushnifir V. Lindsay
I 1
JENNIFER E. SHUGHART
Plaintiff
v
BRADLEY E. SHUGHART
Defendant
To the Prothonotary:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-5081 CIVIL TERM
IN DIVORCE and CUSTODY
Kindly withdraw Count II of the Complaint In Divorce filed on September 18,
1997 in the above-captioned matter.
Re ectfully submitted,
Peter J. Russo
81 West Louther Street
Carlisle, PA 17013
(717) 249-2721
Date: N l act h &
JENNIFER E. SHUGHART IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
BRADLEY E. SHUGHART NO. 97-5081 CIVIL TERM
Defendant IN DIVORCE and CUSTODY
NOW COMES, Peter J. Russo, Attorney for Plaintiff, Jennifer E. Shughart, and
certifies that on Tuesday, April 21, 1998, hs did serve the Defendant, Bradley E. Shughart
through his counsel of record, Michael A. Scherer, Esquire of O'Brien, Baric & Scherer
at 17 West South Street, Carlisle, PA 17013 with the attached documents via fife! elaes
n*eitan4-eertified. Hur\A Ga\,v
Respectfully submitted,
Peter J. Russo
Date: itieadav: Aprils 1998
JENNIFER E. SHUGHART,
Plaintiff
V.
BRADLEY E. SHUGHART
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5081 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF
SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(C) of the Divorce Code was
filed on September 18, 1997.
2. Defendant acknowledges receipt and accepts service of the Complaint on
September 22, 1997.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and
ninety days have elapsed from the date of the filing of the Complaint.
4. 1 consent to the entry of a final decree in divorce without notice.
5. 1 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.
6. 1 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.
7. 1 have been advised of the availability of marriage counseling and
understand that I may request that the court require counseling. I do not request that
the court require counseling.
I verify that the statements made in this affidavit are true and lorrect. 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:
BR LEY 57 S GHART
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
KATHY A. FAILOR
Plaintiff
vs.
JOHN E. FAILOR
Defendant
Docket Number 97-5967 C?
PACSES Case Number 497100008
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Other State ID Number
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AND NOW to wit, this MAY 3, 2004 it is hereby Ordered
that:
THE ORDERED ON AMOUNT FOR THE ARREARS IS INCREASED TO $52.00 PER MONTH DUE
TO THE INCREASED ARREARS.
DROs RJ Shadday
xcs plaintiff
defendant
Service Type M
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BY THE COURT: ' N
Form OE-320
Worker ID 21005
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JENNIFER E. MONGER : IN'I'111i COURT OF COMMON III TAS OF
PLAINTIFF : C'I1MIiliRI.ANDC'Ot1N'I'Y,PI?NNSYI,VANIA
97-5081 CIVIL ACTION LAW
BRADLEY E. SHUUHART
DEFENDANT
: IN CUSTODY
ORDER OF COURT
AND NOW, _ ?_fhursday,?rll 01, 2004 upon consideration of the attuched Complaint,
it is hereby directed that purties and their respective counsel appear hetbre Dawn S. Sunday, Esq. the conciliator,
at 39 West Main Street, NI"haniesburR• PA 17055 on Tuesday. April 27, 2004 _ at 1:00 PM
for it Pre-licaring Custody Conference. At such confcrence. an e f fort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the isSUeS ht he hcut•d by the court, anti to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference mav
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FORTHE000RT.
By: 1+1 ___Dasnn_S.?u)tday?E?q?__--mna
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 inibrmation 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'mis PAPER TO YOI IR AF1'ORNEY A'I' ONC F. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT' AFFORD ONH, 6010 OR 'I'I:LEPHONE THE OFFICE SET
FORTil BELOW TO FIND OUT WHERF YOU CAN GET ITGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle. Pennsylvania 17013
Telephone (717) 249-3166
5
JENNIFER E, MONGER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 97-5081 CIVIL TERM
BRADLEY E. SHUGHART, CIVIL ACTION-LAW
Defendant IN CUSTODY
ORDER OF COURT
AND NOW THIS day of 2004, upon consideration of
the attached Petition To Modify Custody, it is hereby directed that the parties and their
respective counsel appear before , Esquire, the
conciliator, at..- on the _ day of-
, 2004 at __ A.M./P.M., 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 temporary 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 permanent order
BY THE COURT,
BY
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OF 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
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
JENNIFER E. MONGER,
Plaintiff
V.
BRADLEY E. SHUGHART,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-6081 CIVIL TERM
CIVIL ACTION-LAW
IN CUSTODY
PETITION TO MODIFY CUSTODY
AND NOW, comes the Defendant, Bradley E. Shughart, by and through his
attorney, Michael A. Scherer, Esquire, and respectfully represents as follows:
1. The Petitioner is the Defendant, Bradley E. Shughart, (hereinafter referred
to as 'father"), who resides at 1295 High Street, Boiling Springs, Cumberland County,
Pennsylvania.
2. The Respondent is the Plaintiff, Jennifer E. Monger, (hereinafter referred to
as "mother"), who resides at 7 Farview Avenue, Carlisle, Cumberland County,
Pennsylvania.
3. The parties are the natural parents of Ashley E. Shughart, born October 15,
1993 and Abigail E. Shughart, born April 2, 1996, (hereinafter referred to as "children").
4. The parties have shared legal custody of the children.
5. A Custody Order was entered in this matter on November 5, 1997 and
amended by Order dated March 23, 1998. The Orders provide each party with a
substantial amount of time with the children. Copies of the Orders of Court dated
November 5, 1997 and March 23, 1998 are attached hereto as "Exhibit A" and "Exhibit B."
6. Mother's living arrangements and lifestyle have been unstable since the
parties' separation.
7. Mother has relocated her residence five times in six years since the parties
separated.
8. Mother has been remarried and divorced since the parties' separation.
9. Mother most recently began living with a man who abuses alcohol and who
was abusive towards mother, resulting in a period of incarceration.
10. Mother's lifestyle is a bad influence on the children and her current living
environment is dangerous for the children.
11. Mother has had difficulty making certain that the children are transported to
their various activities while the children are in mother's care.
12. Father can ensure that the children attend all of their activities.
WHEREFORE, Father respectfully requests that this Honorable Court modify the
Orders of Court dated November 5, 1997 and March 23, 1998 to provide that father have
primary physical custody of the children and that mother have alternating weekends with
the children pending further Order of Court.
Respectfully submitted,
O'BRIEN, BARIIC & SCHERER
Ak AL
Michael A. Scherer
I.D. # 81974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-8873
Date: -tktc, 2LI .2004
mnl0omotlc%ShupMrt%huphort. pot. madly
yERIFICATION
I verify that the statements made in the foregoing Petition To Modify Custody are
true and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. § 4804, relating to unsworn falsification to authorities.
radley E. ghart
Date: March _, 2004
JENNIFER E. MONGER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 97-5081 CIVIL TERM
BRADLEY E. SHUGHART, CIVIL ACTION-LAW
Defendant IN CUSTODY
CERTIFICATE OF SERVIC
I hereby certify that on March 24, 2004, I, Tina M. Ascani, of O'Brien, Baric &
Scherer, did serve a copy of the Petition To Modify Custody, by first class U.S. mail,
postage prepaid, to the party listed below, as follows:
Jennifer Monger
7 Farview Avenue
Carlisle, Pennsylvania 17013-9808
(-f/xgt X79 44,412,x4-
Tina M. Ascani
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Jennifer E. Monger (Shughart)
Plaintiff
V.
Bradley E. Shughart
Defendant
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 97-5081 Civil Term
Civil Action - Law
In Custody
?4'S-kexy 4ri-141171,171-
This agreement is made the 19th day c December, 2008 between Plaintiff, Jennifer E. Monger
(Shughart) and Defendant, Bradley E. Shughart.
Plaintiff, Jennifer E. Monger (Shughart) and Defendant, Bradley E. Shughart, parents of Ashley E.
Shughart and Abigail E. Shughart agree to the following;
0 Plaintiff, Jennifer E. Monger (Shughart), mother of Ashley E. Shughart and
Abigail E. Shughart has been and will continue to provide Health Insurance
coverage for both children under the condition that she is employed and
employer offers Health Care coverage.
• Defendant, Bradley E. Shughart, father of Ashley E. Shughart and Abigail E.
Shughart has and will continue to claim both Ashley E. Shughart and Abigail E.
Shughart as dependents for tax purposes, due to the current living arrangements
of Ashley E. Shughart and Abigail E. Shughart as long as the current
arrangement remains.
t'
Plaintiff, Je fifer E. Monger Shughart)
Date
Defen
dant, dley E. Sh artbQ'r 3 cnK
DM -
Mate
Sub?gribed & S orn to before me this
`_ ay of 2008
may',
tary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Joy L. Weir, Notary Public
EMI rlisle Boro, Cumberland County
ommission Expires Apr. 6, 2010
Member, Pennsylvania Association of Notaries
Subscribed & Sworn to before me this
? r- day of ? 20 0 g
Ci
Public
COMMONWEALTH OF PENNSYLVANIA
E Notarial Seal
Joy L. Weir, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Apr. 6,201 o
Member, Pennsylvania Association of Notaries
JENNIFER E. SHUGHART,
Plaintiff :
:
Vs.
BRADLEY E. SHUGHARTr
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAIiD COUNTY, PENNSYLVANIA
NO. 97-5081 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE and CIJSTODY
Or-DER OF OOUFtT
AND NOW, this 'k'
upon consideration of the attached
ordered and directed as follows:
day of ?:d r 1997,
Custody Conciliation Report# it is
1. The Fatherr Bradley E. Shughart, and the Mother, Jennifer E.
Shughartr shall have shared legal custody of Ashley E. Shughart, born
October 15, 1993 and Abigail E. Shughart, born April 2, 1996.
2. The parties shall share physical custody of the Children in
accordance with the following alternating weekly schedule:
A. During Week I, which begins on Thursday, October 30, 1997,
the mother shall have custody of the Children from Thursday
at 5:00 p.m. through the following Sunday at 6:00 p.m..
B. Wring Week II, which begin, on Tuesday, November 4, 1997?
the Mother shall have custody of the Children from Tuesday at
5:00 p.m. until the following Thursday morning when the
Mother shall return the Children to the maternal
grandmother's residence.
C. The Week I and Week II schedules shall alternate thereafter,
wi.th_ the mother .providing transportation for exchanges of
custody to and from the maternal grandmother's home.
D. The Father shall have custody of the Children at all ,times
not otherwise specified as the Mother's periods of custody in
this Order.
3. The parties shall share or alternate having custody of the
Children on holidays as follows:
A. Thanksgiving 1997: In 1997, the party who otherwise has
custody under the regular schedule on Thanksgiving morning
ahall have custody of the Children until 2:00 p.m. on the
holiday and the other party shall have custody of the
Children from 2:00 p.m. on Thanksgiving Day through the
remainder of that party's regular period of custody.
B. Christmas 1997: In 1997, the Father shall have custody of
the Ch ]dren from Christmas Eve at 5:00 p.m. through
Christmas Day at 2:00 p.m., and the Mother shall have custody
of the Children from Christmas Day at 2:00 p.m. until
"EXHTSIT A"
December 26 at 6:00 p.m.
C. mother Ia Day/ ther I a Da : in every year, the Mother shall
ave custody of the Children on Mother's Day and the father
shall have custody of the Children on Father's Day.
D. Children's Birthdays: Each party shall have an opportunity
to span t me with the Children on their birthdays with the
specific arrangements to be made by mutual agreement of the
parties.
E. The parties shall make arrangements by mutual agreement to
share or alternate having custody of the Children on the
remaining holidays which are not addressed by this order.
4. In the event either party requires childcare for the Children
during his or her periods of custody, that party shall first make a
reasonable effort to contact the other party to offer the opportunity to
provide care for the Children prior to contacting a third party babysitter.
5. The parties agree to follow the custody arrangements set
forth in this order on a trial basis for at least three (3) months. If, at
the conclusion of the trial period, either party believes that the custody
arrangements are not serving the Children's best interests, counsel for
either party may contact the Custody Conciliator to schedule a second
Conference. This order shall continue in effect pending further order of
Court or agreement of the parties.
6. This order is entered pursuant to an agreement of the parties
at a Custody Conciliation Conference. The parties may modify the
provisions of this Order by mutual agreement. In the absence of mutual
agreement, the terms of this order shall control.
BY THE COURT,
J.
cc: Peter J. Russo, Esquire - Counsel for Mother
Michael A. Scherer, Esquire - Counsel for Father
TRUE COPY FROM RECORD
In Testimony whereof, t here unto 50 my hand
and the seat of said Court at Carlisle, Pa.
T is .. " day of 19YZ
Prothonotary
JENNIFER E. SHUGHART,
Plaintiff
vs. '
BRADLEY E. SHVGHART, t
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-5081 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
AND NOW, this ,- 3 AXlL day of `M '•1 In ,x i ., , 1998, upon
consideration of the atta'c eed Custody Conciliation Reporto i s ordered and
directed as follows:
1. The prior order of this Court dated November 5, 1997 shall continue
in effect with the modifications and additions set forth in this order.
2. Paragraph 2 8 of the November 5, 1997 Order shall be modified to
provide that the Mother's period of custody during the Week II schedule
shall be extended from Tuesday at 5:00 p.m. until the following Friday
morning when the Mother shall return the Children to the maternal
grandmother's residence.
3. In order for the parties to switch weekends under the existing
alternating schedule, the Father shall have custody of the Children for two
consecutive we)ekends, March 27-29, 1998 and April 3-5, 1958 and the Mother
shall have her Week II mid-week period of custody from Tuesday through
Friday during two corresponding consecutive weeks.
4. The Mother shall insure that the Children are not transported to
Virginia during her periods of weekend custody for the purpose of exchanging
custody of the child/children of the Mother's boyfriend.
5. In the event either party intends to remove the Children from
Pennsylvania during his or her periods of custody for an overnight period or
longer, that party shall provide the address and telephone number where the
Children can be reached to the other party.
6. This Order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this Order by mutual agreement. In the absence of mutual agreement, the
terms of this Order shall control.
rt - . ,.... i 1.:) BY THE COURT,
fn T ?r rv; l,:nd
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....... .... ..+y/•.{.?f.'.r Kevin A Hess, i.
1 Prothonotary
cc: Peter J. Russo, Esquire - Counsel for Mother
Michael A. Scherer, Esquire - Counsel for Father
"EXHIBIT H"
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this Iday of L)t i 1998, by and
between Jennifer E. Shughart, hereinafter referred to as "Wife", and Bradley E. Shughart,
hereinafter referred to as "Husband."
WITNESSETH:
WHEREAS, the parties are Husband and Wife who were married on February 23,
1991 and have been separated since October 11, 1997; and,
WHEREAS, Wife has instituted divorce proceedings in the Court of Common Pleas
of Cumberland County to No. 97-5081 Civil Term by complaint-filed on September 18,
1997; and,
WHEREAS, the parties are the parents of Abigail E. Shughart, born April 2, 1996,
and Ashley E. Shughart, born October 15, 1993, and a custody Order dated November 5,
1997 has been entered at No. 97-5081 Civil Term defining the custody rights of the
parties; and,
WHEREAS, the parties desire to settle fully and finally their respective financial and
property rights and obligations as between each other, including without limitation without
specification: settling of all matters between them relating to the ownership of real and
personal property, and the settling of all related economic claims including but not limited
to spousal support, alimony and alimony pendente lite; and in general the settling of any
and all claims or possible claims of one against the other or against their respective
estates, and,
1
WHEREAS, Wife is represented by Peter J. Russo, Esquire, who is her separate
legal counsel and she has been advised of her respective rights, privileges, duties and
obligations relative to the parties' property rights and interests under the Divorce Code and
regarding alimony and spousai support, and Husband is represented by Michael A,
Scherer, Esquire, who is his separate legal counsel and he has been advised of his
respective rights, privileges, duties and obligations relative to the parties' property rights
and interests under the Divorce Code and regarding alimony and spousal support; and,
WHEREAS, each party is fully familiar with the marital properly and both parties
now desire to settle and determine his and her property rights and claims under the
Divorce Code, including all claims regarding equitable distribution of marital property,
alimony, spousal support and related economic claims.
NOW, THEREFORE, in consideration of the mutual promises herein, the parties
hereto being legally bound hereby, do covenant and agree as follows:
- - - 1. The parties -agree to the entry of a Decree in Divorce pursuant to Section
3301(c) of the Divorce Code. Both parties shall execute and file the requisite Consents
and Waivers with the Court contemporaneously with the execution of this Agreement.
Wife's counsel shall withdraw Wife's claim for economic relief. The Wife's attorney shall
file the Praecipe to Transmit the record and obtain a Decree in Divorce without delay.
Should either party do anything to delay or deny the entry of such a Decree, or fail to do
anything required to obtain the Divorce Decree in breach of this Agreement, the other party
may, at his or her option, declare this Agreement null and void.
2
•h
residence and Wife shall, concurrent with the execution of this agreement, sign a Quitclaim
Deed transferring all her right, title and interest to the real estate located.at 1295 High
Street, Boiling Springs, Pennsylvania, to Husband. Husband shall refinance the loan for
the real estate to remove Wife's obligation therefrom within two years hereof.
5. Husband shall transfer the entire balance of the Christmas Club savings
account to Wife within ten days of the date of this Agreement. Aside from the foregoing,
the parties have divided between them to their mutual satisfaction all intangible personal
property consisting of cash, bank accounts, annuities, securities, insurance policies,
pension and retirement rights, whether vested or contingent, and all other such types of
property. The parties hereby agree that all such intangible property presently in the
possession of or titled in the name of Husband shall be his sole and separate property,
and that in the possession or titled in the name of the Wife shall be her sole and separate
property. Each party hereby expressly waives any right to claim any pension/profit
sharing/retirement rights of the other, vested or contingent, each party to retain full
ownership of such rights as his or her sole and separate property.
6. Husband shall be solely responsible for the personal loan in both parties'
names with Farmer's 'rust Company and for repayment of the credit card debt to
Montgomery Wards. Except as herein otherwise provided, each party represents that she
and he have not heretofore incurred or contracted any debt or liability or obligation for
which the other may be held responsible or liable. Each party agrees to indemnify and
hold harmless the other from and against all such debts, liabilities or obligations of any
4
kind which may have heretofore been incurred between them, except the obligations
arising out of -this Agreement.
7. Wife shall be entitled to claim Abigail as a dependent for income tax
purposes and husband shall be entitled to claim Ashley as dependent for income tax
purposes provided the current shared custody situation remains in effect.
8. Both parties covenant, warrant, represent and agree that each will now and
at all times hereafter save and keep each other indemnified against all debts, charges, or
liabilities incurred by the other execution of this Agreement, except as may be otherwise
specifically provided for by the terms of this Agreement and neither of them shall hereafter
incur any liability whatsoever for which the Estate of the other may be liable. Each party
further agrees to indemnify and save and hold harmless the other from any and all
liabilities he or she may incur upon the obligations of or assumed by the other, which
indemnification as to all provisions of this Agreement shall include the right to recover out
of pocket expenses and reasonable attorney's fees actually incurred.
9. Both parties agree that the hereinabove set forth Agreement constitutes an
equitable distribution of their marital property and equitable resolution of all other
economic claims pursuant to the provisions of the Divorce Code and each party
irrevocably waives, releases, and remises any claim to ownership of or interest in any
property designated as the property of the other by virtue of the provisions of this
Agreement except as otherwise may be provided pursuant to the provisions of this
1 _ Agreement.
5
2. This Agreement and all warranties and representations contained herein
shall survive the Divorce Decree and shall continue to be enforceable in accordance with
its terms. No Court may change the terms of this Agreement, and it shall be binding and
inclusive upon the parties. An action may be brought at law, in equity or pursuant to the
provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. In
the event of a reconciliation, attempted reconciliation or other cohabitation of the parties
hereto after the date of this Agreement, this Agreement shall remain in full force and effect
in the absence of a written agreement signed by the parties expressly stating that this
Agreement has been revoked or modified,
3. Wife shall become the sole owner of the 1991 Toyota Corolla she presently
drives, while Husband shall become the sole owner of the 1988 Ford Ranger pickup truck
he currently drives. Aside from the foregoing, the parties have divided between them to
their mutual satisfaction all items of tangible personal property which had heretofore been
used by them in common and neither party shall make any claim to such property in the
possession of the other. Each party will execute any and all documents necessary to
effectuate the transfer of ownership of any items of personal property titled in both names
as set forth above.
4. The marital residence is located at 1295 High Street, Boiling .Springs,
Pennsylvania. The parties purchased the marital residence in 1995 and believe there to
be very little equity in the home, especially if the home were to be listed with a real estate
broker and sold on the open market. Husband shall become the sole owner of the marital
3
10. Husband and Wife do hereby mutually release, remise, quitclaim and forever
discharge the other and the estate of the other from any and all claims either party has
now, ever may have or can at any time have against the other or the other party's estate,
whether arising out of formal contracts, engagements or liabilities of the other party, arising
by way of widower's right or under the Intestate Law arising by any right to take against the
will of the other party, arising out of the Divorce Code, Act No. 26 of 1980, as amended,
including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right
to spousal support or arising by any nature whatsoever, excepting only those rights
accorded to the parties under this Agreement, Each party hereby expressly waives his or
her right to make a claim against the other for alimony, alimony pendente lite or spousal
support.
11. If either party to this Agreement resorts to a lawsuit or other legal action
pursuant to the provisions of the Divorce Code or otherwise shall enforce the provision of
this Agreement, the successful party shall be entitled to recover his or her reasonable
attorney fees, actually incurred, from the other as party of the judgment entered in such
legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or
otherwise as the same shall be determined by the Court.
12. The parties do hereby warrant, represent and declare and do acknowledge
and agree that each is and has been fully and completely informed of and is familiar with
and is cognizant of the wealth, real and/or personal property, estate and assets, earnings
and income of the other and that each has made a full and complete disclosure to the
6
M
other of his or her entire assets and liabilities and any further enumeration or statement
thereof In this Agreement is specifically waived.
13. This Agreement constitutes the entire understanding of the parties. There
are no covenants, conditions, representations or agreements, written or oral, of any nature
whatsoever, other than those herein contained.
14. This Agreement is subject to modification only by a subsequent legal writing
signed by both parties. It shall be construed according to the laws of the Commonwealth
of Pennsylvania.
15. Husband and Wife acknowledge that each of them has read and understands
his and her rights and responsibilities under this Agreement, that he and she have
executed this Agreement under no compulsion to do so but as a voluntary act, being
apprised of its consequences.
16. This Agreement shall bind and inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and assigns.
WITNESS:
If- ..
Bra &Y E. Sh art
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_. ?,-
JAN Og2009'\
Jennifer E. Monger (Shughart) In the Court of Common Pleas of
Plaintiff Cumberland County, Pennsylvania
V. No. 97-5081 Civil Term
Bradley E. Shughart Civil Action - Law
Defendant In Custody
ORDER OF COURT
AND NOW, this - ` day of , Z-4,0-7 , upon consideration of
the attached custody modification agree ent, i is ordered and directed as follows:
The prior Order of this Court dated November 5, 1997 and modified March 23rd,
1998 shall continue in effect with the modifications and additions set forth in this order.
1. Plaintiff, Jennifer E. Monger (Shughart), mother of Ashley E.
Shughart and Abigail E. Shughart will be responsible to provide
Health Insurance coverage for both children under the condition that
she is employed and employer offers Health Care coverage.
2. Defendant, Bradley E. Shughart, father of Ashley E. Shughart and
Abigail E. Shughart and will continue to claim both Ashley E.
Shughart and Abigail E. Shughart as dependents for tax purposes, due
to the current living arrangements of Ashley E. Shughart and Abigail
E. Shughart as long as the current arrangement remains.
3. This order is entered pursuant to an agreement of both parties.
BY THE COURT,
Judge
cc: B dley E. Shughart, Defendant
?Jennifer E. Monger (Shughart), Plaintiff
F1LEu- 00vi CE
OF THE
2009 JAIL -7 Ph' 12.4 J
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