HomeMy WebLinkAbout99-02530
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF I" "'i~ ~
~~tr
TINA KAY SHOEMAKER
PLAINTIFF
VERSUS
TERRY LEE SHOEMKAER
DEFENDANT
AND NOW..
PENNA.
No.
99-2530
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DECREE IN
DIVORCE
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2001 IT 15 ORDERED AND
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DECREED THAT
TINA KAY SHOEMAKER
PLAINTIFF,
AND
TERRY LEE SHOEMAKER
DEFENDANT,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED; NONE
The Marital Settlement Agreement of the Parties dated, April 18, 2001, and
attached hereto as Exhibit A, is hereby incorporated by reference hereto and
shall have the same force snd effect as if it hsd been orignally entered as an
Order of Court, proved, however, that said agreement shall not merge with this'
retain its contracted signeifgance as well.
By THE COURT: /
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Order,
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Bryan S. Walk
ATTORNEY AT LAW
108.112 Walnut Street
Harrisburg. PI! .17101
(717) 238.!>"'l 13
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MARRIAGE SETfLEMENT AGREEMENT
THIS AGREEMENT, MADE THIS 18th day of April, 2001, by and between:
TINA KAY SHOEMAKER,
Plain tilT (WIFE)
And
TERRY LEE SHOEMAKER,
Defendant (HUSBAND)
'if
WITNESSETH:
WHEREAS, HUSBAND and WIFE were legally married on March 5, 1983.
WHEREAS, Two children were born out of this marriage; Ashley A. Shoemaker, D.O,8. 10-1-
85, and Alysia G.S, Shoemaker, D.O,B, 2-4-93.
WHEREAS, differences have arisen between HUSBAND and WIFE in consequence of which
they desire to live separate and apart for the rest of their natural lives, and the parties hereto are
desirous of settling fully and finally their respective financial and property rights and obligations as
between each other including, without limitation by specification: the settling of all matters arising
between them relating to the ownership and equitable distribution of real and personal property;
the settling of all matters between them relating to the past, present, and future support, alimony
and\or maintenance ofWlFE by HUSBAND or of HUSBAND by WIFE; and in general, the
settling of any and all claims and possible claims by one against the other or against their
respective estates,
Now THEREFORE, in consideration of the premises and mutual promises, covenants and
undertakings hereinafter set forth and for good and valuable consideration, receipt of which is
hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intending to be
legally bound hereby, covenant and agree as follows:
I. INCORPORATION OF PREAMBLE.
The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part
hereof as if fully set forth in the body of this Agreement.
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contractual remedies as well as court ordered remedies as the result of the aforesaid
incorporation or as otherwise provided by law or statute. Those remedies shall include, but not
be limited to, damages resulting from breach of this Agreement, specific enforcement of this
Agreement and remedies pertaining to failure to comply with an order of court or agreement
pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set
forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or
hereafter enacted.
6. DATE OF EXECUTION.
The "date of execution" 01'" execution date" of this Agreement shall be defined as the date of
execution by the party last executing this Agreement.
7. DISTRIBUTION DATE.
The transfer of property, funds and/or documents provided herein shall only take place on the
"distribution date" which shall be defined as the date of execution ofthis Agreement unless
otherwise specified herein.
8. ADVICE OF C.OUNSEL.
The provisions of this agreement and their legal effect have been fully explained to the Husband
by his respective counsel, Bryan S, Walk, Esquire, for HUSBAND, and to the WIFE by her
attorney, R, Eric Pierce, Esquire. The parties acknowledge that they fully understand the facts
and have been fully informed as to their obligations and they acknowledge and accept that this
Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and
voluntarily, after having received such advice and with such knowledge and that execution of this
Agreement is not the result of any duress or undue influence and that it is not the result of any
collusion or illegal agreement or agreements,
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9. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS.
Each party understands that he or she has the right to obtain from the other party a complete
inventory or list of all of the property that either or both parties own at this time or owned as of
the date of separation, and that each party has the right to have all such property valued by means
of appraisals or otherwise. Both parties understand that they have the right to have a court hold
hearings and make decisions on the matters covered by this Agreement. Both parties understand
that a court decision concerning the parties' respective rights and obligations might be different
from the provisions of this Agreement.
Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately
provides for his or her needs and is in his or her best interests, and that the Agreement is not the
result of any fraud, duress, or undue influence exercised by either party upon the other or by any
other person or persons upon either party. Both parties hereby waive the following procedural
rights:
a. The right to obtain an inventory and appraisement of all marital a:Id non-marital property as
defined by the Pennsylvania Divorce Code,
b, The right to obtain an income and expense statement of the other party as provided by the
Pennsylvania Divorce Code.
c. The right to have property identified and appraised.
d, The right to discovery as provided by the Pennsylvania Rules of Civil Procedure,
e, The right to have the court detennine which property is marital and which is non-marital, and
equitably distribute between the parties that property which the court determines to be marital,
and to set aside to a party that property which the COUlt determines to be that parties' non-marital
property,
f The right to have the court decide any other rights, remedies, privileges, or obligations covered
by this Agreement and/or arising out of the marital relationship, including but not limited to
possible claims for divorce, spousal support, alimony, Pendente Lite (temporary alimony),
equitable distribution, visitation, and counsel fees, costs and expenses.
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IO.fERSONAL PROPERTY.
The parties acknowledge that they have previously agreed to a division of all their tangible
personal property including, but not limited to, jewelry, clothes. furniture, furnishings, rugs,
carpets, household equipment and appliances, tools, pictures, books, works Ofalt and other
tangible personal property. With respect to said division the parties agree that HUSBAND shall
receive all his personal property, including tools, clothing, key for 1987 Suburban. and all items
located in the vehicle, stereo, Bunn coffee malcer, all programs off the computer which belong to
HUSBAND, gun cabinet, all reloading supplies, benches from reloading room, hand tools, coins,
and the following guns: Marlin 22 mag, Winchester model 70338 win, mag, 22 chipmunk 22 LR,
Russian SKS 7,62/39, 25 auto pistol, will be returned ifIocated by wife, Russian 7.62/25 pistol,
and 54 caI. TC muzzelloader, In regard to the Ruger Redhawk 44 mag 7.5 inch barrel, both
parties agree that they will execute all necessary paperwork needed to transfer any/all documents
related to ownership and licensing of this weapon. WIFE shall receive as her sole and separate
property all items of tangible personal property in her possession, Each of the parties hereto does
waive, release, and forever abandon any right and all title, interest and claim, in and to the tangible
personal property to become the property of the other party pursuant to the terms of this
paragraph.
11. AF.:TER ACOlJlRED PROPERTY.
Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other,
all property, tangible or intangible, real, personal or mixed, acquired by him or her, with or
without non-marital assets, after the date of this Agreement, with full power in him or her to
dispose of the same as fully and effectively, in all respects and for all purposes, as though he or
she were unmarried and each party hereby waives, releases, renounces and forever abandons any
right, title, interest and claim in and to said after acquired property of the other party pursuant to
the terms ofthis paragraph,
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12. DIVISION OF VEHICLES,
With respect to the vehicles owned by one or both of the parties, they have already been divided,
HUSBAND will retain the 1987 Suburban,
13. EACH PARTY RETAINS OWN PENSION PLANS.
Each of the parties does specifically waive, release, renounce and forever abandon all of his or her
right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, Profit
Sharing Plan, 40 I-K Plan, Keough Plan, Stock Plan, Tax Deferred Savings Plan and/or any
employee benefit plan of the other party, whether acquired through said party's employment or
otherwise, and hereafter said Pension Plan, Retirement Plan, Profit Sharing Plan, 401-K Plan,
Keough Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall
become the sole and separate property of the party in whose name or through whose employment
said plan is carried.
14. REALESTATE
Husband & Wife hereby acknowledge they are joint owners of a marital home, Said home is
located at I J Maurice Rd., Mt. Holly Springs, Cumberland County, Pennsylvania 17065.
Husband hereby waives all of his right, title and interest in said property and agrees to execute all
necessary documents to transfer ownership in marital home entirely to the Wife. Wife further
agrees to hold husband harmless for any upkeep, taxes or other costs associated with the marital
home, Wife further agrees that she will maintain any and all costs associated with the marital
home from the date of the signing execution of this agreement. Both parties acknowledge that
there is a mortgage on the marital home, and that WIFE is solely responsible for all future
mortgage payments and costs, WIFE further agrees that she will refinance the marital home in
order to remove husbands name from mortgage within 36 months from the date this agreement is
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executed, Ifwife fails to refinance within the required time, the house shall be sold as soon as
possible, and the WIFE shall retain all net proceeds from the home after the mortgage and costs
associated with the sale are paid, If the WIFE fails to honor any and all mortgage payments
associated with the home, which would result in the bank initiating foreclosure actions, she agrees
to immediately list the property for sale, and have the property sold as soon as practicable,
Further WIFE agrees to reimburse Husband from the proceeds of the sale of the home, for any
and all mortgage payments or costs made by him in order to protect his credit in regard to the
mortgage on the marital home.
15. CHILD SUPPORT
All issues in regard to child support will be handled through domestic relations.
16, DIVISION OF BANK ACCOUNTS/STOCK/LIFE INSURANCE.
The parties acknowledge and agree that they have previously divided to their mutual satisfaction
all of their bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock,
investment plans and life insurance cash value and hereafter WIFE agrees that all said bank
accounts certificates of deposit,. IRA accounts, bonds, shares of stock, investment plans and life
insurance cash value in the possession of the HUSBAND shall become the sole and separate
property of HUSBAND and HUSBAND agrees that all said bank accounts, certificates of
deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in
the possession ofthe WIFE shall become the sole and separate property of WIFE, Each of the
parties does specifically waive, release, renounce and forever abandon whatever right, title,
interest or claim. he or she may have in any that all said bank accounts, certificates of deposit,
IRA accounts, bonds, shares of stock, investment plans and life insurance cash value that is to
become sole property of the other pursuant to the terms hereof. HUSBAND hereby agrees that
he will continue to have in effect, a life insurance policy, policy number being 98630221 I-A
which names his children as irrevocable beneficiaries until the youngest reaches the age of 18 or
until they are emancipated. The policy amount will continue to be $100,000.00 (one hundred
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thousand dollars), HUSBAND further agrees that he will continue to make all necessary premium
payments on this insurance policy, and will provide WIFE a copy of proof of this policy at the
beginning of each year,
17. MARITAL DEBTS.
The parties acknowledge that they have previously divided the obligations and payments required
thereof of any debts and obligations arising during the marriage and in accordance therewith any
obligation being paid by a party will continue to be so paid and said party shall indemnity and
protect the other party harmless therefrom, except for the following:
a. The unpaid debt of $800 in regard to the electric bill that occurred after the date of separation,
will be split equally between WIFE and HUSBAND and will be paid by Wife and Husband within
45 days from the date of this agreement, unless WIFE refinances the marital home in order to
remove husbands name from the mortgage within 45 days from the date of this agreement. Should
Wife refianace the mortgage on the marital home and remove Husband's name from the mortgage
debt within 45 days from the date tis agreement was signed, then Husband shall be solely and
completely responsible for the unpaid electric bill debt of$800,OO,
b. Any and all unpaid medical bills shall be split between HUSBAND and WIFE. HUSBAND
shall be responsible for 55% and WIFE shall be responsible for 45%.
c, Marital Home mortgage: (see paragraph 14)
A liability not disclosed in this Agreement will be the sole responsibility of the party who bas
incurred or may hereafter incur it, and each agrees to pay it as the same shall become due, Each
party agrees to indemnity and hold the other party and his or her property harmless from any and
all such debts, obligations and liabilities assumed by a party pursuant to this Paragraph, From the
date of execution of this Agreement, each party shall use only those credit cards and accounts for
which the party is individually liable and the parties agree to cooperate in closing any remaining
accounts which provide for joint liability,
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such other, of whatever nature and whatever situate, which he or she now has or at any time
hereafter may have against such other, the estate of such other, or any part thereof, whether
arising out of any former acts, contracts, engagements or liabilities of such other or by way of
dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights,
family exemption or similar allowance, or under the intestate laws, or the right to take against the
spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other
rights of surviving spouse to participate in a deceased spouse's estate, whether arising under the
laws of (a) the Commonwealth of Pennsylvania, (b) State, Commonwealth or Territory of The
United States, or ICi any other country, or any rights which either party may have or at any time
hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite,
counsel fees, equitable distribution, costs or expenses whether arising as a result of the marital
relation or otherwise, except, and only except, all rights, and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or for the breach of any
provision thereof. It is the intention of HUSBAND and WIFE to give each other by execution of
this Agreement a full, complete and general release with respect to any and all property of any
kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire,
except and only except all rights and agreements and obligations of whatsoever nature arising or
which may arise under this Agreement or for the breach of any provisions thereof.
26. MODIFICATION AND WAIVER.
Any modification or waiver of any provision of this Agreement shall be effective only if made in
writing and executed with the same formality as this Agreement. The failure of either party to
insist upon strict performance of any of the provisions of this Agreement shall not be construed as
a waiver of any subsequent default of the same or similar nature.
27. MUTUAL COOPERA nON,
Each party shall, at any time and from time to time hereafter, take any and all steps and execute,
acknowledge and deliver to the other party, any and all further instruments and/or documents that
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32, BREACH.
If either party breaches any provision of this Agreement, the other party shall have the right, at his
or her election, to sue for damages for such breach. The party breaching this contract shall be
responsible for the payment oflegal fees and costs incurred by the other in enforcing his or her
rights under this Agreement, or seeking such other remedy or relief as may be available to him or
her,
33. SEVERABIUTY.
Ifany term, condition, clause or provision of this Agreement shall be determined or declared to be
void or invalid in law or otherwise, then only that term, condition, clause or provision shall be
stricken from tins Agreement and in all other respects this Agreement shall be valid and continue
in full force, effect and operation, Likewise, the failure of any party to meet his or her obligations
under anyone or more of the paragraphs herein, with the exception of the satisfaction of the
condition precedent, shall in no way avoid or alter the remaining obligations of the parties.
34. GOVERNING LAW,
This Agreement shall be governed by and shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania.
35. HEADINGS NOT PART OF AGREEMENT.
Any heading preceding the text of the several paragraphs and subparagraphs hereof, are
inserted solely for convenience of reference and shall not constitute a part of this Agreement nor
shall they affect its meaning, construction or effect.
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BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING
READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY
ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS
BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT
AFTER A FULL HEARING.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby have
hereunto set the~~ hands ~ seals th~~d.a; and year first abov~ten, g
WITNESS; . :"3-- // ~./L-- 0((" 11< rs! /J!_~
.--/ Terry e oemaker
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Tina Kay SIloemaker
COMMONWEALTH OF PENNSYLVANIA: COUNTY OF DAUPHIN
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On this, the / t day of OvP-J! ,2001, before me, a Notary
Public, the undersigned officer, personally appeared Terry Lee Shoemaker known to me or
satisfactorily proven to be the person whose name is subscribed to the within instrument,
and acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
My Commission E
Notarfnl Srnl
Rosemary L.Ouiblcr, Nolnry Public
. Harrisburg, Douphin COllnly
1'-9~ .. ,;.. ."ry
Memoer, pennsylvanra A~SOCld\iOfl 01 N~t!l.f1es
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COMMONWEALTH OF PENNSYLVANIA: COUNTY OF DAUPHIN
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On this, the { t' day ofMardt , 2001, before me, a Notary Public, the
undersigned officer, personally appeared Tina Kay Shoemaker, known to me or
satisfactorily proven to be the person whose name is subscribed to the within instrument,
and acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal,
My Commission Expires:
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'""NciTARIAL SEAL
CHERYl L. NEARHOOD. Notary Publ'lC
Hummelslown, Deurhln County
Comn,i~<iIOi', Ex I:res Dr:. 25. 2003
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TINA K. SHOEMAKER,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 'i'f- -<,~~3il {i(/JY;~~
TERRY L. SHOEMAKER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTION 3301(cl or (d)
OF THE DIVORCE CODE
COUNT I - DIVORCE
AND NOW, comes the Plaintiff, by her attorney, R. Eric
Pierce, Esquire, and seeks to obtain a Decree in Divorce
from the above-named Defendant upon the grounds hereinafter
more fully set forth:
1. The Plaintiff, TINA K. SHOEMAKER, is an adult
individual who currently resides at 11 Maurice Road, Mt.
Holly Springs, Cumberland County, Pennsylvania l7065
2. The Defendant, TERRY L. SHOEMAKER, is an adult
individual who currently resides at 11 Maurice Road, Mt.
Holly Springs, Cumberland County, pennsylvania l7~65
3. Plaintiff and Defendant are sui juris, and both
have been bona fide residents of the Commonwealth of
Pennsylvania for a period of more than six (6) months
immediately preceding the filing of this Complaint.
4. The Plaintiff and Defendant were married on the 5th
day of March, 1983, in Mechanicsburg, Cumberland County,
Pennsylvania.
5. Plaintiff avers that there are two (2) children of
the parties under the age of 18; Ashely Shoemaker, date of
birth 10/1/85 and Alysia Shoemaker, date of birth 2/04/93.
6. Neither Plaintiff nor Defendant is in the military
or naval service of the united States or its allies within
the provisions of the soldiers' and Sailors' Civil Relief
Act of the congress of 1940 and its amendments.
7. There have been no prior actions of divorce or for
annulment between the parties.
8. The Plaintiff has been advised of the availability
of counseling and of the right to request that the Court
require the parties to participate in counseling.
9. Plaintiff avers that the marriage is irretrievably
broken, pursuant to section 330l(C) and 330l(d) of The
pennsylvania Divorce code Act 26 of 1980.
10. Defendant has offered such indignities to the
plaintiff, the innocent and injured spouse, as to render her
condition intolerable and life burdensome.
WHEREFORE, Plaintiff prays your Honorable Court to
enter a Decree of Divorce from the bonds of matrimony.
COUNT II - EQUITABLE DISTRIBUTION
11. paragraphs one (1) through ten (10) are
incorporated herein by reference as though set forth in
full.
12. Plaintiff and Defendant have legally and
beneficially acquired property, both real and personal,
during their marriage, which property is "marital property".
13. Plaintiff and Defendant may have owned prior to the
marriage property, both real and personal, which property
has increased in value during the marriage and/or which has
been exchanged for other property, which has increased in
value during the marriage, all of which is "marital
property" .
14. Plaintiff and Defendant have been unable to agree
as to an equitable division of said property to the date of
the filing of thIs Complaint.
WHEREFORE, Plaintiff respectfully requests this
Honorable Court to enter an Order distributing all of the
aforementioned property, real and personal, as the Court may
deem equitable and just.
COUNT III - ALIMONY
15. Paragraphs one (1) through fourteen (14) are
incorporated herein by reference as though set forth in
full.
16, Plaintiff lacks sufficient property to provide for
her reasonable means and is unable to adequately support
herself through appropriate employment.
17. Plaintiff requests reasonable support to adequately
maintain herself in accordance with the standard of living
established during marriage.
WHEREFORE, Plaintiff requests this Honorable Court to
enter an award of reasonable temporary alimony and
additional sums as they may become necessary from time to
time hereafter until final hearing and permanently
thereafter.
COUNT IV - SUPPORT
18. Paragraphs one (1) through seventeen (17) are
incorporated herein by reference as though set forth in
full.
19. Plaintiff and Defendant are the parents of two (2)
minor children: Ashley Shoemaker, date of birth 10/01/85
and Alysia Shoemaker, date of birth 2/04/93, residing at 11
Maurice Road, Mt, Holly Springs, Pennsylvania 17065.
20. Support is sought for Ashley Shoemaker and Alysia
Shoemaker.
21, Plaintiff is not on Public Assistance.
22. Defendant earns in excess of $18,000.00 per year,
WHEREFORE, Plaintiff requests an award of reasonable
and adequate support for the minor children of the parties.
COUNT V - ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES
23. Paragraphs one (1) through twenty-two (22) are
incorporated herein by reference as though set forth in
full.
24. Plaintiff is without adequate funds to pay the
costs and expenses of this litigation, and is, likewise,
without funds to maintain herself during the pendency of
this litigation.
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TINA K. SHOEMAKER,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-:l53Q
TERRY L. SHOEMAKER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Kindly enter the appearance of R. Eric Pierce, Esquire,
as Attorney for the Plaintiff, Tina K. Shoemaker, in the
above-captioned matter.
Dated: "-1,1 l':> I q Cf
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Attorney for Plaintiff
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WAYNE F. SIIADE
Attorney II Law
53 Wm Pomfret Slreet
Carlillc. PtMJ)'lvln.a
1701l
TINA K, SHOEMAKER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 99-2530 CIVIL TERM
TERRY L. SHOEMAKER,
Defendant
: IN DIVORCE
PRAECIPE
TO: Curt Long, Prothonotary
Please enter our appearance on behalf of Defendant in the above-captioned matter,
Date: May 5,1999
<~~
Wayn F, Shade, Esquire
Supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Defendant
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TINA K. SHOEMAKER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-2530 CIVIL
vs.
TERRY L. SHOEMAKER,
Defendant
CIVIL ACTION - LA W
IN DIVORCE
IN RE: DEFENDANT'S MOTION TO COMPEL
ORDER
AND NOW, this
Z l' day of April, 2000, at the request of counsel for the
parties, argument in the above captioned matter set for April 27, 2000, is continued generally.
BY THE COURT,
R. Eric Pierce, Esquire
For the Plaintiff
41
Wayne F. Shade, Esquire
For the Defendant
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MAR 31 200aiP
TINA K, SHOEMAKER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 99-2530 CIVIL TERM
TERRY L. SHOEMAKER,
Defendant
: IN DIVORCE
ORDER OF COURT
AND NOW, this .3.A. day of
(/ J~) .~ '/l, , 2000, upon consideration of
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the within Motion, it is hereby ordered, as follows:
(I) A Rule is issued upon Plaintiff to show cause why this Motion to Compel
Discovery should not be granted and Plaintiff ordered to file her Answers to Defendant's
written discovery or suffer the sanctions requested in Defendant's prayer for relief;
(2) Plaintiff shall file an Answer to the Motion within z.o days of the date of
this Order; -:L .
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(3) t\ helH'lftg shall be held thereon on
(I K1.fL; 1.. .;< '7 , 2000, at J,' 3 c)
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o'clock e.M, in Courtroom No. L,
Cumberland County Courthouse, Carlisle, Pennsylvania.
R. Eric Pierce, Esquire
Pierce & Havas
Attorneys for Plaintiff
By the Court,
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WAYNE F. SHADE
Anomty aI Law
S3 West Pomrret: Strc'Ct
Carlisle. Pennsylvania
1701l
Wayne F, Shade, Esquire
Attorney for Defendant
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(b) Why Plaintiff should not bc prccluded from introducing evidence in opposition
to Defendant's cconomic claims; and
(c) Why Plaintiff should not be ordcred to pay Dcfcndant's rcasonable counsel
fees at the rate of $150 pcr hour incurred in obtaining an Order compelling discovery and
imposing sanctions, ifany.
Respectfully submitted,
$~ ~dZtt
Wayn F. Shade, Esquire
Attorney for Defendant
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.
I, Wayne F, Shade, Esquire, verifY that I am the attorney for Defendant herein, that
I make this verification on his behalf, being authorized to do so, and that the facts set
forth in the foregoing Motion to Compel Discovery are true and correct to the best of my
knowledge, infonnation and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to
authorities.
Date: March 29, 2000
to~E~
Wayne . Shade
(g) Average number of hours worked per week;
(h) Date employment was tenninated, iftenninated;
(i) Reason employment was tenninated, iftenninated;
(j) Dates of interruption in employment, if any;
(k) Reasons for each interruption in employment, if any;
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(I) Frequency of your pay period;
(m) Gross pay per pay period;
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WAYNEF.SIIADE
AhOf'M)'IIt.w
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C&ft..le, PmmyIl1/Ii.
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(c) Nonnal retirement age (earliest age at which you could retire and receive
unreduced benefits);
(d) With respect to any pension plan, the amount which you are presently
receiving as a monthly benefit or which you would have received if you would have been
at nonnal retirement age and would have retired at the date of separation; .
(e) With respect to any pension plan, the portion of any monthly benefit which is
being currently received which is attributable to disability;
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(1) Whether or not you are vested in the pension plan;
(g) If not vested, the requirements of the pension plan for vesting;
-8-
(I) Value at date of scparation;
(g) Names, addrcsses and family relationships, if any, of any co-owners; and
(h) Your fractional intercst ifless than 100 percent interest.
8, If you sold, pledged or otherwise transferred or encumbered any common or
preferred stock in which you had an interest during the past three years, state, as follows:
(a) Name and address ofissuer;
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(b) Type of shares as common, preferred or the like;
(c) Purchase price or value of other consideration paid per share;
W II YNE F. SHADE
_"Law
lJW"__
Clltillc.......,-
17011
-12-
9, With respect to any bonds, mortgages, certificates of deposit or other similar
investments in which you have had an ownership interest during the past three years,
state, as follows:
(a) Name and address of debtor;
(b) Type of security as U.S. Savings Bonds, other government bo~ds, mortgages
or the like;
(c) Maturity dates;
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(d) Date acquired;
(e) Purchase price or value of other consideration paid;
WAYNEF. SHADE
Anomcy II Law
S3w..Pomrm_
Cartil!e. Pennsylnnia
17013
-14-
W" YNE F. SHADE
""""".Law
lIW"_"'_
Carldle.1'aou)1....
17011
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(c) Date of transfer;
(d) Names, addresses and family relationships, ifany, of transferee; and
(e) Number of shares transferred,
II. With respect to any individual or comrnerciallenders to whom you are, or
have in the past five years been indebted, with the exception of obligations incurred
jointly with your present spouse, state, as follpws:
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(a) Name, address and family relatio~hip, if any, of the creditor;
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(b) Initial total liability;
(c) Total liability at date of separation;
WAYNEF,sHADE
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-16-
(0 Face amount of policy:
(g) Names, addresses and family relationships, if any, of beneficiaries; and
(h) Cash surrender value at date of separation, if any,
13. Please list any and all documents, writings or records in your possession or to
which you have access which support your responses to these Interrogatories; or in lieu
thereof, please attach, to our Request for Prohuction of Documents, copies hereto,
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WAYNEF.SIIADE
AIIcnc:J II uw
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CatliJle.l'cMtyI......
11013
-19-
(6) The medical diagnosis of your condition; and
(7) The medical prognosis of your condition;
(c) State whether or not you are .currently taking any prescription medication; and,
ifso, state, as follows:
(I) The name o~the medication;
(2) The purpose for the:medication;
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(3) The name of the provider who prescribed the medication; and
(4) The date that the medication was prescribed;
-21-
(d) State whether or not within the past five years you have been hospitalized;
and, ifso, state, as follows:
(I) The name, address and telephone number of the hospital;
(2) The admission and discharge dates;
(3) The name o~the attending physician; and
(4) The purpose for the;hO(pitalization.
WAYNeF. SIlADF.
AaonIey" Law
SJW"'__
Cartislc,"""'>'l.....
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WAYNEF.SHADE
Anomt)' II Law
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Cartillc,l'asnI)'Ivania
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This Request for Production of Documents shall be deemed to be continuing and
shall apply to Supplemental Answers to these Interrogatories presently issued and to all
Answers and Supplemental Answers to all sets of our Interrogatories issued hereafter.
It is hereby certified that a true and correct copy of this Request for Production of
Documents was mailed to counsel for Plaintiff on this date by the undersigned,
Date: Febru8l)' 8, 2000
#~E~.
Wayne F. Shade
Supreme Court No, 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Defendant
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