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TERRY LEE SHOEMAKER
PLAINTIFF
V.
TINA KAY SHOEMAKER
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-6705 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 10th day of October, 2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator,
at 214 Senate Avenne, Suite 105, Camp Hill, PA 17011 on the ~ day of November ,2000, at -.l.l!:00 a.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 ma,y
provide grounds for entry of a temporary or permanent order.
FOR THE COURT,
By: Isl
Melissa P. Greevy. E~
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. Yon must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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TERRY LEE SHOEMAKER
Plaintiff
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYL VANIA
VS.
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:NO:" CO- '-7D5
CuJ_~l
TINA KAY SHOEMAKER
Defendant
: CIVIL ACTION-LAW
:IN CUSTODY
ORDER OF COURT
AND NOW, this _ day of
,2000, upon consideration of the
attached complaint, it is hereby directed that the above parties and their respective counsel appear
before , Esquire, the conciliator, at
, Pennsylvania, on the Day of
A.M./P.M., for a Pre-hearing Custody Conference. At such
, 2000, at
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 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:
Custody Conciliator
YOU SHOULD TAKE TillS 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 FlND OUT WHERE YOU CAN GET LEGAL HELP.
DAlJi>IElN COOiU 1 LA W rill<.. ~ SbK V lCb
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TERRY LEE SHOEMAKER
Plaintiff
VS.
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
b1J _ "70S'
:NO: 846 S 1999
TINA KAY SHOEMAKER
Defendant
: CIVIL ACTION-LAW
:IN CUSTODY
COMPLAINT FOR CUSTODY
1. The Plaintiff is Terry Lee Shoemaker, residing at 153 Birdshill Rd., Pine Grove,
Schuylkill County, Pennsylvania 17963.
2. The Defendant is Tina Shoemaker, residing at 11 Maurice Rd., Mt. Holly Springs,
Cumberland County, Pennsylvania 17065.
3. The Plaintiff seeks physical and legal custody of the following children:
Name: Ashley Ann Shoemaker
Date of Birth: October 1, 1985
Name: Alysia Shoemaker
Date of Birth: February 4, 1993
4. The child was not born out of wedlock.
5. The children are presently in the cusotdy of the mother.
6. For the past five years the children have resided with both parents at 11 Maurice Rd,
Mt. Holly Springs, Pa 17065.
7. The mother of the child is the Defendant.
8. The Father of the child is the Plaintiff.
9. The relationship of the Plaintiff to the child is that of the father.
10. The relationship of the Defendant to the child is that of the mother.
11. The Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning custody of the children in this or another court.
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12. The Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the children or claims to have custody or visitation rights with respect to the
children.
13. The best interest and permanent welfare of the children will be served by granting
primary physical custody to the Plaintiff, Terry Shoemaker.
14. Each parent whose parental rights to the child have not been terminated and the
person who has physical custody of the children has been named as parties to this action.
WHEREFORE, the Plaintiff, Terry Shoemaker respectfully requests this Honorable
Court grant physical and legal custody of the minor children, Ashley and Alysia to him.
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TERRYLEESHOE~R
Plaintiff
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY ,PENNSYLVANIA
VS.
:NO: 846-S-1999
TINA KAY SHOE~R
Defendant
:CIVIL ACTION-LAW
:IN CUSTODY
CERTIFICATE OF SERVICE
I hereby certify that on the 'dr#-. day of ~k,yyhcr
, 2000, I served
by first class mail, restricted delivery return receipt requested, a copy of the Plaintiff's Complaint
upon the person named below as well as an additional custody by U.S. first class mail, postage
prepaid, in accordance with the applicable Rules of Procedure, addressed as follows:
Tina Kay Shoemaker
11 Maurice Rd.
Mt. Holly Springs, Pa 17065
R. Eric Pierce, Esquire
PO Box 775
Hershey, Pa 17033
ryan S. Walk
Attorney ill No. 63881
108-112 Walnut Street
Harrisburg,PA 17101
(717) 238-5113
Counsel for Plaintiff
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VERIFICATION
I verify that the 'statements made herein are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn
falsification to authorities.
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TERRY LEE SHOEMAKER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00-6705
TINA KAY SHOEMAKER,
Defendant
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
AND NOW, this <'2,..'1- day of ~ ~ , 2000, upon
consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and
directed as follows:
1. Legal Custody: The parties, Terry Lee Shoemaker and Tina Kay Shoemaker, shall
have shared legal' custody of the minor Children, Ashley Ann Shoemaker, born October 1,
1985, and Alysia Shoemaker, born February 4, 1993. Each parent shall have an equal right,
to be exercised jointly with the other parent, to make all major non-emergency decisions
affecting the Children's general well-being including, but not limited to, all decisions regardin~l
their health, education and religion. Pursuant to the terms of this paragraph, each parent shall
be entitled to all records and information pertaining to the Children including, but not limited to,
school and medical records and information. To the extent one parent has possession of any
such records or information, that parent shall be required to share the same, or copies thereof,
with the other parent within such reasonable time .as to make the records and information of
reasonable use to the other parent.
2. Physical Custody: The Mother shall have primary physical custody of the minor
Children. Father shall have partial physical custody as follows:
A. November 17,2000, from 9:00 p.m. until November 19, 2000, until he
returns the Children between 8:00 p.m. and 9:00 p.m.
B. Effective November 24, 2000, Father shall have alternating weekends
from Friday at 9:00 p.m. until he returns the Children between 8:00 p.m.
and 9:00 p.m. on Sundays.
3. Holidays:
A. Mother's Day and Father's Day: Mother's Day weekend shall be with
Mother and Father's Day weekend shall be with Father. This plan shall
supercede the alternating weekend schedule if necessary.
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No. 00-6705
B. Thanksgiving: Custody for the Thanksgiving holiday 2000 shall be
arranged as follows: Mother shall have physical custody from
Thanksgiving eve until Friday, November 24, 2000, at 9:00 p.m. Father
shall have custody from 9:00 p.m. on Friday, November 24, 2000, until he
returns the Children between 8:00 p.m. and 9:00 p.m. on November 26,
2000.
C. Christmas 2000: Father shall have custody for Christmas from December
22nd at 9:00 p.m. until December 24th at 4:00 p.m., at which time he will
return the Children to their Mother.
D. New Year's Eve 2000 and New Year's Dav 2001: Mother shall have
physical custody for this holiday time.
4. If either party is going to be away from their home overnight during their period of
custody, that party will provide the other parent with the phone number where they can be
reached for that period of custody.
5. This Order is temporary in nature. The parties have agreed to attend a second
Conciliation Conference. The Conciliation Conference shall reconvene at 11 :00 a.m. on
January 16, 2001 at the offices of Melissa Peel Greevy, Esquire 214 Senate Avenue Suite 105
Camp Hill, Pennsylvania.
Dist Brian S. Walk, Esquire, 108-112 Walnut Street, Harrisburg, PA 17101
R. Eric Pierce, Esquire, PO Box 775, Hershey, PA 17033
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TERRY LEE SHOEMAKER,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-6705
TINA KAY SHOEMAKER,
Defendant
CIVIL ACTION - LAW
CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF:
Ashley Ann Shoemaker
Alysia Shoemaker
October 1, 1985
February 4, 1993
Mother
Mother
2. A Custody Conciliation Conference was held on November 8, 2000, with the
following individuals in attendance: the Father, Terry Lee Shoemaker, and his counsel, Brian
S. Walk, Esquire; the Mother, Tina Kay Shoemaker, and her counsel, R. Eric Pierce, Esquire.
3. The parties reached an agreement with regard to a temporary Order in the form as
attached.
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Me i eel Greevy, Esquire
Custody Conciliator
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TERRY LEE SHOEMAKER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00-6705
TINA KAY SHOEMAKER,
Defendant
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
BAYLEY, J., MARCH _,2001
AND NOW, this 2-1 day of March, 2001, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. Legal Custody. The parties, Terry Lee Shoemaker and Tina Kay Shoemaker, shall
have shared legal custody of the minor Children, Ashley Ann Shoemaker, born October 1,
1985, and Alysia Shoemaker, born February 4, 1993. Each parent shall have an equal right,
to be exercised jointly with the other parent, to make all major non-emergency decisions
affecting the Children's general well-being including, but not limited to, all decisions regardin~1
their health, education and religion. Pursuant to the terms of Pa. C. S.g5309, each parent
shall be entitled to all records and information pertaining to the Children including, but not
limited to, medical, dental, religious or school records, the residence address of the Children
and of the other parent. To the extent one parent has possession of any such records or
information, that parent shall be required to share the same, or copies thereof, with the other
parent within such reasonable time as to make the records and information of reasonable USH
to the other parent.
2. Physical Custody. Mother shall have primary physical custody of the minor
Children. Father shall have partial physical custody on alternating weekends from Friday at
9:00 p.m. until he returns the Children between 8:00 p.m. and 9:00 p.m. on Sundays.
3. Holidays.
A. Mother's Day/Father's Day. Mother's Day weekend shall be with Mother
and Father's Day weekend shall be with Father. This plan shall
supercede the alternating weekend schedule if necessary.
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No. 00-6705
B. The parties shall share the following holidays:
1. Easter
2. Memorial Day
3. Labor Day
4. Thanksgiving
5. Christmas
6. New Year's Eve/New Year's Day
In odd-numbered years, Father has the odd-numbered holidays and
Mother has the even-numbered holidays. In even-numbered years,
Mother has the odd-numbered holidays and Father has the even-
numbered holidays. In the event that Father does not have to work on
Easter Monday, he will return the Children at 6:00 p.m. on Easter Monday.
In the event that Father is working on Easter Monday, he shall return the
Children between 8:00 p.m. and 9:00 p.m. on Easter Sunday. The
holiday schedule shall supercede the regular schedule.
4. In the event that either party is going to be away from their home overnight during
their period of custody, that party will provide the other parent with the phone number where
they can be reached during that period of custody.
5. Birthdays. Birthdays will be celebrated on the next custodial weekend without
regard to the actual date of the child's birth.
6. Compensatory Time. The parties shall be allowed to trade custodial weekends
without regard to the alternating weekend schedule when circumstances such as illness or
important social events for the Children occur. The parties shall provide each other with notic:e
as early as possible of any potentially needed changes in the Children's custodial schedule.
Neither party shall schedule activities for the Children during the other parent's custodial
weekend.
7. The Children shall not be used as a means of communication between the parents.
When all possible the parents shall communicate directly with each other regarding the
Children.
8. Mother shall provide a copy of Ashley's schedule to Father.
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9. Summer. Each parent shall be entitled to up to two weeks, non-consecutive, to
commence with the vacationing parent's custodial weekend. The parties shall provide each
other with at least a thirty-day written notice, and address and telephone number where they
can be reached during the vacation period. There shall be telephone contact on alternating
days between the Children and the non-vacationing parent. For the summer of 2001, neither
parent shall have their vacation during the period of June 18 through July 13, 2001, due to
Ashley's attendance in summer school.
10. The parties are directed to attend the Seminar for Separating Families as provided
by Inner Works. The parties shall, through counsel, provide each other with certificates
indicating the completion of this parent education seminar.
Edgar B. Bayley, J.
BY THE COURT,
Dist Brian S. Walk, Esquire, 108-112 Walnut Street, Harrisburg, PA 17101
R. Eric Pierce, Esquire, PO Box 775, Hershey, PA 17033
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TERRY LEE SHOEMAKER,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-6705
TINA KAY SHOEMAKER,
Defendant
CIVIL ACTION - LAW
CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY Of
Ashley Ann Shoemaker
Alysia Shoemaker
October 1, 1985
February 4, 1993
Mother
Mother
2. A Custody Conciliation Conference was held on March 5, 2001, with the following
individuals in attendance: the Father, Terry Lee Shoemaker, and his counsel, Brian S. Walk,
Esquire; the Mother, Tina Kay Shoemaker, and her counsel, R. Eric Pierce, Esquire;
3. The parties reached an agreement in the form of an Order as attached.
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TINA KAY SHOEMAKER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
v.
No. 00-6705
TERRY LEE SHOEMAKER,
Defendant
CIVIL ACTION - DIVORCE
RULE TO SHOW CAUSE WHY
BIFIJRCA TION SHOULD NOT BE GRANTED
AND NOW, This ---.9h- day of April, 2001, upon the consideration of the
Defendant's Motion For Bifurcation, a Rule is granted on the Plaintiff, Tina K. Shoemaker, to
show cause why the Motion For Bifurcation should not be granted.
RULE RETURNABLE ~O
DAYS AFTER SERVICE.
BY THE COURT:
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TINA KAY SHOEMAKER
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
v.
No. 00-6705
TERRY LEE SHOEMAKER
Defendant
CIVIL ACTION - DIVORCE
MOTION FOR BWURCATION
NOW COMES, the Plaintiff, Terry L. Shoemaker, by and through his attorney, Bryan S,
Walk, Esquire and filed this Motion for Bifurcation, and in support the following is averred:
I, Plaintiff, Tina K Shoemaker, resides at II MauriceRoad, Mt Holly Springs,
Cumberland County, Pa, 17065. The Plaintiff is represented by R Eric Pierce, Esquire,
2, Defendant, Terry L. Shoemaker, resides at 153 Birdshil1 Road, Pine Grove, Schuykill
County, Pa 17963,
3, On April 27, 1999, the Plaintiff initiated this divorce action by filing his complaint
seeking a divorce under section 330lc and d of the Divorce Code.
4. The Parties have been separated in excess of two years,
5, When the dlvorce action was initially filed, the Defendant was led to believe that the
Plaintiff would consent to the entry of a divorce and that all economic issues between the parties
would be resolved through a marital settlement agreement, However, as of this date an agreement
has not been reached.
6, Given the lack of progress and the fact that the Defendant has been led to believe that
an agreement cannot be reached, it is believed that the ultimate resolution of the parties'
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respective equitable distribution issues will possibly, by necessity or design, be protracted for
several more weeks or months,
7, Since the parties' marriage is irretrievably broken under section 3301c of the Divorce
Code and the parties' respective economic claims have ben preserved through Count II of the
Plaintiff's Complaint which seeks equitable distribution of marital assets, neither party will be
prejudiced if a divorce is granted to the Plaintiff prior to the adjudication of the property and
economic issues claims as the Court can expressly so provide in its Decree under section 3503 of
the Divorce Code,
8, The Plaintiff desires to restructure and move on with her life without having to be held
hostage to a marriage that has been dead for over two years while all of the equitable distribution
issues are litigated. Moreover, the inunediate entry of a divorce decree will not adversely affect
the property rights of either party,
9, Pursuant to section 3503 of The Divorce Code, this Court has the power to grant a
divorce to the Plaintiff and to reserve jurisdiction over the remaining ancillary claims of either
party,
WHEREFORE, Terry L. Shoemaker, respectfully requests this Honorable Court to issue
an order permitting the above captioned action to be bifurcated for the purpose of the equitable
distribution issues between the parties over which This Court shall retain jurisdiction,
Respectfully Submitted,
Dated: t;J-2-o;
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Ban. Walk
1 08-112 Walnut Street
Harrisburg, PA 17101
(717) 238-5113
Counsel for Plaintiff
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VERWICATION
I verifY that the statements made herein are true and correct I understand that false
statements herein are made subject to the penalties of 18 Pa, c.S. S4904, relating to unsworn
falsification to authorities,
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CERTIFICATE OF SERVICE
I hereby certifY that on this :3 ru Day of April, 2001, A copy of the foregoing was
served upon the person named below, in accordance with the applicable Rules of Procedure,
addressed as follows:
R Eric Pierce, Esquire
73 Cedar Avenue
Hershey, Pa 17033
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BanS, Walk
Attorney ill No, 63881
108-112 Walnut Street
Harrisburg,PAl7101
(717) 238-5113
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