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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
DAVID C. SHOVER
N (>. ,,,99-5469. CIVIL 2000
..................
DECREE IN
DII VORCEa1..r3rA7.
AND NOW, ......... 2000 , , , , it is ordered and
decreed that .............?avid , c. Shover ... . .... ......, , , , , plaintiff,
. ........
and ...................... Michele . R. Shover .... , , , , , , , defendant,
are divorced from the bonds of matrimony.
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 parties have executed a Marriage
Settlement Agreement dated June 22, 2000, which Agreement has
been filed of record at the within term and number, and which
.Agreement •is -i.ncorporated .in thi.S•f nHl'Decree in Divoi66' ib f
.is. ,not. merged .herein, .................. .
By t:
............... ............................. .
................................. ........
Attest:
........._.......... ..
Prothonotsry
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?hovr? MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT, made this Ze^ dayof?'.Lv,.l2000, by and
between DAVID C. SHOVER, of 413 Boxwood Court, Mechanicsburg, Cumberland County,
Pennsylvania 17055, hereinafter referred to as "Husband", and MICHELE R. SHOVER, of
Camp Hill, Cumberland County, Pennsylvania 17011, hereinafter referred to as "Wife."
WITNESSETH:
WHEREAS, Husband and Wife were married on August 17,1985; and
WHEREAS, differences have arisen between Husband and Wife in consequence
of which they are living separate and apart from each other, presently, within the marital
home; and,
WHEREAS, Husband and Wife have made a full disclosure of their assets to each
other; and,
WHEREAS, Husband and Wife are the natural parents of two minor children, to wit:
Jonathan D. Shover, born March 31, 1989 (age 11), and Lauren M. Shover, born May 9,
1991 (age 9); and
WHEREAS, Husband and Wife desire to settle and determine their rights and
obligations with respect to each other, with respect to the disposition and distribution of
property rights and interests, with respect to the matters of alimony, alimony pendente lite,
spousal support and child support, and with respect to the custodial rights of each of the
parties with respect to their two minor children.
NOW, THEREFORE, the parties intending to be legally bound hereby, do covenant
and agree:
1. SEPARATION. It shall be lawful for each party at all times hereafter to
continue to live separate and apart from the other party at such places as he or she may
from time to time choose or deem fit. The foregoing provisions shall not be taken as an
admission on the part of either party of the lawfulness or unlawfulness of the causes
leading to their living apart.
2. INTERFERENCE. Each party shall be free from interference, authority, and
contact by the other, as fully as if he or she were single and unmarried except as may be
necessary to carry out the provisions of this Agreement. Neither party shall molest the
other or attempt to endeavor to molest the other, nor compel the other to cohabit with the
other, or in any way harass or malign the other, nor in any way interfere with the peaceful
existence, separate and apart from the other.
3. WIFE'S DEBTS. Wife represents and warrants to Husband that since the
separation she has not and in the future she will not contract or incur any debt or liability
for which Husband or his estate might be responsible and shall indemnify and save
harmless Husband from any and all claims or demands made against him by reason of
debts and obligations incurred by the Wife prior to the date of the delivery of this
2
A.
Agreement, and all further debts incurred by the Wife from and after the date of delivery
hereof, shall be the Wife's individual responsibility.
4. HUSBAND'S DEBTS. Husband represents and warrants to Wife that since
the separation he has not and in the future he will not contract or incur any debt or liability
for which Wife or her estate might be responsible and shall indemnify and save harmless
Wife from any and all claims or demands made against her by reason of debts and
obligations incurred by the Husband prior to the date of the delivery of
this Agreement, and all further debts incurred by the Husband from and after the date of
delivery hereof, shall be the Husband's individual responsibility.
5. JOINT DEBTS. The parties acknowledge that they have only two items of joint
indebtedness, to wit:
A. A Visa credit card account No. 4851-6000-0101-3080, in the approximate
amount of $4,000.00, and
B. A contract for orthodontic treatment in the approximate amount of
$3,900.00, payable in contracted installments.
Husband agrees that he shall pay the foregoing two items of indebtedness, in full, and that
he shall indemnify and hold harmless Wife from any further liability or responsibility with
regard thereto.
6. MUTUALRELEASE. Subject to the provisions of this Agreement, each party
has released and discharged, and by this Agreement does for himself or herself, and his
or her heirs, legal representatives, executors, administrators, and assigns, release, and
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discharge the other of and from all causes of action, claims, rights, or demands,
whatsoever in law or equity, which either of the parties ever had or now has against the
other, except any or all cause or causes of action for divorce and except for any or all
causes of action for breach of any provision of this Agreement.
7. DISCLOSURE OF PROPERTY. Husband and Wife acknowledge and agree
that they have made a full and complete disclosure to the otherof all information pertaining
to the parties' separate and marital property owned, possessed and/or controlled by the
other at the time of the separation of the parties.
8. BANK ACCOUNTS. The parties have divided, to their mutual satisfaction,
all banking accounts which either or both of them heretofore have maintained as joint
accounts oras separate accounts of Husband orof Wife, and do hereby acknowledge and
confirm that such division heretofore made by them shall be and remain final.
9. DIVISION OF PERSONAL PROPERTY. The parties are the owners of variety
of household furnishings and other personal property which they have accumulated and
which they have utilized in maintaining their marital home. The parties have agreed to a
division of the personal property. Specifically, Wife agrees that the I ist of personal property
set forth on Exhibit A, attached hereto, and incorporated herein by reference, shall, upon
the signing of this Agreement be and become the sole personal property of Husband.
Husband agrees that the list of personal property set forth on Exhibit B, attached hereto,
and incorporated herein by reference, shall, upon the signing of this Agreement be and
become the sole personal property of Wife.
10. AUTOMOBILES. The parties are the joint owners of a 1993 Ford Escort
Station Wagon, upon which there is no encumbrance, and Husband agrees that he shall
execute the certificate of title transferring the said automobile to Wife, thereupon, said
automobile shall be and remain the sole property of Wife. Husband is the titled owner of
a 1996 Jeep Grand Cherokee, upon which there does exist an encumbrance of the West
Shore Teachers Federal Credit Union, securing a loan utilized for the purchase of the
automobile. Wife agrees that said automobile shall be and remain the sole property of
Husband. However, Husband agrees that he, alone, shall pay the remaining loan account
to the West Shore Teachers Federal Credit Union and shall indemnify and hold harmless
Wife from any further liability or responsibility with regard thereto. Finally, the parties are
the joint owners of a Jayco pop-up camper, and Wife agrees that she shall execute the
certificate of title, transferring sole title thereof to Husband, and thereupon, Husband shall
be and remain the sole and separate owner of the camper.
11. CASHASSETS. The parties have sold theirjointly owned home and have
derived therefrom net proceeds in the sum of $5,994.82. Wife has received a settlement
award as a result of an accident in which she was involved in September, 1997, said
proceeds of settlement being in the sum of $23,169.21, of which, each party has already
received the sum of $2,000. The foregoing cash assets total $29,164.03. The parties
agree that 65% of the foregoing sum of money shall be delivered to Wife ($18,956.62, less
$2,000 already received, less $1,400 on account of the parties' VISA debt, less $780 on
account of the parties' orthodontic debt), to wit: a net sum of $14,776.62; and, 35% thereof
shall be delivered to Husband ($10,207.41, less the $2,000 already received, plus $1,400
5
upon the parties' VISA debt, plus $780 upon the parties' orthodontic debt-both of which
debts Husband shall pay, as provided in paragraph 5 hereof) for a net sum of $10,387.41.
In addition, the total sum of interest earned upon the escrow deposit of the foregoing sums
of money shall be calculated and shall be paid and divided between the parties upon the
same 65/35 basis.
12. RETIREMENT ACCOUNT. Husband is a participant in the Pennsylvania
State Employees Retirement System and has, during his years as a teacher, achieved a
valuable, vested interest in contributions which he has made to that retirement system, as
well as having achieved a valuable, vested interest in contributions made on his behalf by
his school employers and the Commonwealth of Pennsylvania, thereby resulting in a
substantial right on the part of Husband to receive, upon retirement, a substantial pension
payment. The parties agree that they shall seek the issuance of a Qualified Domestic
Relations Order with regard to said PSERS pension or retirement account of Husband
wherein it shall be provided that Husband shall irrevocably designate the pension to be a
"joint and 100% survivor" pension and shall further provide that, upon his retirement and
entitlement to receive his pension, a coverture fraction shall be established which will
reflect the marital portion of the monthly pension (dating from the marriage of the parties
on August 17,1985, to the date of the separation of the parties on October 22, 1998), and
which will then provide that Wife is to receive, as a direct pension benefit, sixty-five (65%)
percent of the marital portion of the entire pension benefit of Husband (the remaining 35%
of the marital portion, and the entirety of the non-marital portion of the pension benefit to
G
be the sole and exclusive benefit and property of Husband). Such designation shall be
construed also to include the application of the coverture fraction, and a distribution of 65%
to Wife, 35%to Husband, of any sums of money which Husband may be entitled to receive
upon his retirement account of any contributions, together with interest earned thereon,
he may have made to the PSERS retirement plan between the date of marriage of the
parties and the date of their final separation.
13. ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES AND
EXPENSES. Husband agrees that, upon the entry of a Decree in Divorce in the civil
divorce action presently pending in the Court of Common Pleas of Cumberland County,
Pennsylvania, in No. 99-5469, Civil, he shall pay to Wife alimony in the sum of $400 per
month until September 31, 2009, such sum of alimony to be non-modifiable, but to
terminate on September 31, 2009. The obligation of husband to pay alimony shall
terminate upon the occurrence of any one of the following events, to wit: (1) the death of
Wife, (2) the remarriage of Wife, or (3) the cohabitation by Wife with a male not related to
her by blood.
Both parties waive any right to seek or receive the payment of alimony
pendente lite from the other party. Both parties waive any right to demand and receive any
payment from the other party on account of any counsel fees or expenses incurred by
either party in connection with the pending action in divorce which has been filed by
Husband.
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14. CUSTODY OF MINOR CHILDREN, The parties are the parents of two minor
children, to wit: Jonathan D. Shover, born March 31, 1989, presently eleven (11) years of
age, and Lauren M. Shover, born May 9, 1991, presently eight (8) years of age. The
parties agree that they will share legal custody of their two children, to wit: each of them
shall have an equal voice in the making of major decisions affecting the best interests of
their minor children, including, but not limited to: medical, religious and educational
decisions. The parties also agree that primary physical custody of the two minor children
shall be in the hands of Wife, subject, however, to the right of partial custody of the two
minor children in the hands of Husband. With regard to the partial physical custody of the
two minor children in the hands of Husband, the parties agree that they shall reasonably
cooperate with each other in an effort to minimize the impact which their separation may
or shall have upon the minor children but, in an effort to provide some modicum of
certainty, the parties agree that the following, minimum standards of partial custody shall
prevail, to wit:
A. The minor children shall continue to be enrolled as students in the Camp Hill
school system and shall not be enrolled in another school system unless both parties shall
mutually agree to such change;
B. In the event either Husband or Wife shall die while the two children, or either
of them, are still minors, then the parents of the deceased party, i.e., maternal or paternal
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grandparents, shall be accorded by the surviving party reasonable rights of visitation with
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their minor grandchild or grandchildren without the necessity of presenting a petition for
visitation to a Court of competent jurisdiction,
C. Husband shall have partial physical custody of the two minor children at his
residence on alternating weekends, from Friday evening following dismissal from school
until Sunday evening at 7:00 p.m., and shall, in addition, have partial physical custody of
the two children overnight, each week, from Tuesday following school dismissal until
father's return of the children to school on the immediately succeeding Wednesday
morning and, on the alternating Thursdays prior to the weekend when the children shall
remain in the custody of their mother, Husband shall have partial custody of the two
children overnight from that Thursday evening following school dismissal, until father's
return of the children to school on the immediately succeeding Friday morning;
D. During the course of each summer recess from school, each of the parents
(Husband and Wife) shall have three weeks, consecutive or non-consecutive, of physical
custody of their two children, each to provide to the other thirty (30) days advance notice
of their selection of weeks (if day care is required during a period of sole custody, the party
having sole custody shall bear the expense of day care, and, the remaining weeks of the
summer recess from school shall be in accordance with the normal partial custody ;k
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schedule);
E. Except for Christmas vacation, Husband and Wife shall alternate having
custody of the two children on the holidays of Easter Day, Memorial Day, Independence
Day, Labor Day and Thanksgiving Day, commencing at 6:00 p.m. on the evening prior to
the holiday, until 9:00 p.m. of the holiday; and,
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F. The Christmas/New Year holiday recess from school shall be comprised of
two segments: Segment A being from 3:00 p.m. on December 23 to 9:00 p.m. on
December 24, and from 9:00 P.M. on December 30 to 8:00 p.m. on the last day of the
holiday recess; and, Segment B being from 9:00 p.m. on December 24 to 9:00 a.m. on
December 30, with the parties alternating custody of the two minor children during
Segment A and Segment B from year to year, and with Wife having Segment B in 1999.
G. Both of the parties agree that, at any time a parent who has sole physical
custody of the children shall have need of child care services, that parent shall, prior to
engaging a professional child care service, make a request of the non-custodial parent to
provide the needed child care services.
15. SUPPORT OF CHILDREN. Commencing upon the execution of this
Agreement, Husband agrees to pay, and Wife agrees to accept, as support for the benefit
of Jonathan and Lauren, the sum of $426.75 bi-weekly. This agreement for support of
children may, at the option of Wife, be entered as an Order of support in any court of
competent jurisdiction overmatters of child support. The amount of child support specified
herein has been based upon the Pennsylvania Supreme Court Support Guidelines, and
any future modification thereof, whether by mutual agreement of the parties of by Order
of Court shall, likewise, be based upon said Guidelines.
16. LIFE INSURANCE. Husband shall secure and/or maintain a term life
insurance policy upon his life, shall name Wife as the beneficiary of such policy in the
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event of the death of Husband, and shall provide to Wife written proof of such policy and
beneficiary designation, At the present time, Husband is the named insured upon a group
term policy of life insurance by virtue of his employment by the Camp Hill School District;
however, in the event such group term policy should no longer exist, Husband shall,
nevertheless, provide a policy of insurance as herein set forth. Husband shall maintain,
and pay the premiums necessary to maintain such policy or policies of life insurance for
the purpose of providing a fund for the continued support of the children of the parties in
the event of the death of Husband. However, upon the attainment of Lauren to the age of
19 years, Husband shall have the rightto change the beneficiary and designate any person
of his choice to be the beneficiary upon said policy of term life insurance.
17. IMPLEMENTATION OF AGREEMENT. The parties agree that, upon the
execution of this Agreement, each of them will sign an Affidavit of Consent and Waiver of
Notice of Intention to Request Entry of a Divorce Decree, as well as all other documents
contemplated by the terms of this Agreement and necessary to provide for the transfer of
any asset intended to be transferred to one or the other of the parties under the terms of
this Agreement and shall cause such executed documents to be delivered to each other
upon the entry of a Final Decree in Divorce.
18. 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, and
the party breaching this contract should be responsible for payment of legal fees and costs
incurred by the other in enforcing their rights under this Agreement, or seek such other
remedies or relief as may be available to him or her.
19. ENTIRE AGREEMENT. This Agreement contains the entire understanding
of the parties and there are no representations, warranties, covenants or undertakings
other than those expressly set forth herein.
20. MODIFICATION AND WAIVER. The modification or waiver of any of the
provisions 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.
21. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for
convenience only. They shall have no effect whatsoever in determining the rights or
obligations of the parties.
22. INDEPENDENT SEPARATE COVENANT. It is specifically understood and
agreed by and between the parties hereto that each paragraph hereof shall be deemed to
be a separate and independent covenant and agreement.
23. APPLICABLE LAW. This Agreement shall be construed under the laws of
the Commonwealth of Pennsylvania.
24. VOID CLAUSE. If any 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 this Agreement, and in
all other respects this Agreement shall be valid and continue in full force, effect and
operation.
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25. ENTRY AS PART OF THE DECREE. Husband has caused to be filed in the
Court of Common Pleas of Cumberland County at No. 99-5469, an action in divorce
pursuant to Section 3301(c) of the Domestic Relations Code. Both parties hereto agree
that each will execute consents to divorce so that a final decree in divorce may be entered
in the above case. Both parties agree that it is their intention that the within Agreement
shall survive the aforementioned action in divorce and that no order, judgment or decree,
temporary or interlocutory, final or permanent, shall affect or modify the financial terms of
this Agreement. Both parties agree that this Agreement shall be made part of any
judgment or decree of final divorce but shall not be merged therein.
26. VOLUNTARY EXECUTION. Husband acknowledges that Carl G. Wass,
Esquire, has served as legal counsel to him in connection with the drafting of this Marriage
Settlement Agreement. Wife acknowledges that James A. Miller, Esquire has served as
legal counsel to her in connection with the drafting of this Marriage Settlement Agreement.
Both parties do acknowledge and declare that each does understand the full legal effect
of this Agreement, especially with regard to the fairness and equitable nature of the
distribution of marital property between them, and the waiver of spousal support, alimony,
alimony pendente lite, and counsel fees and costs, as provided in this Agreement. Both
parties acknowledge that their execution of this Agreement has been done voluntarily and
knowingly and that their execution is not the result of any duress or undue influence.
13
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the
day and year first above written.
WITNESS:
3698
14
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
DA vPH W SS:
COUNTY OF 9ddB
On this, the QgNp day of SO NE , 2000, before me, a Notary
Public, the undersigned officer, personally appeared DAVID C. SHOVER, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument,
and acknowledged that he executed the same for the purposes therein contained,
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
3698
Notary Publ'
NOTARIAL SEAL
NCY I... ORESK Notary Publb
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HeMSburg, Dauphin County
y COMMIS on Expires March 18, 2004
15
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
n SS:
COUNTY OF CUMBE%kM9, fi?
On this, the day of J? ?99before me, a Notary
Public, the undersigned officer, personally appeared MICHELE R. SHOVER, 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 hereunto set my hand and official seal.
My Con hsek A Evkn AprN 30; 2001
3698
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11 1 1 -1
PERSONAL PROPERTY OF HUSBAND
See Paragraph
1. Waterbed and all bedroom furniture, except for end table lamps and chair.
2. Coffee maker
3. Toaster
4. Half of the pans and utensils
5. Maple Leaf sofa
6. Lane recliner
7. Green lamps
8. Comer cupboard
9. Kawai piano
10. Stereo system and speakers
11. One-half cd's, tapes and records
12. All firearms
13. Gun safe
14. Role-top desk
15. All equipment belonging to Keyta
16. Al music and PA equipment
17. Green resin table and four chairs
18. Lawn mower
19. Snow blower
20. All personal tools and ladders
21. Bicycle
22. Sears vacuum
23. One-half of linens and bath supplies
24. Roof carrier
25. Camping supplies
26. All items of personal property and ciothing; personally those of Husband; or, given to Husband by members
of his family.
EXHIBIT
A
PERSONAL PROPERTY OF WIFE
See Paraaraoh 9
1. Bedroom sets and furniture of children
2. Cooking supplies
3. Toaster oven
4. One-half of pans and utensils
5. Living room furniture
6. Pennsylvania House sofa
7. Mirror
8. Grandfather clock
9. Cedar chest
10. Dining room furniture
11. Glider rocker and ottoman
12. Ornamental birdhouse
13. Desk
14. Filing Cabinet
15. Tri-sport game
16. Pine table and chairs
17. Green desk chair
18. Baby dresser
19. TelevisionNCR/Entertainment center
20. Remaining resin chairs
21. Card table
22. Porch swing
23. Rabbit cages and supplies
24. Miele vacuum
25. Bicycle
26. Camera
27. One-half linens and bath supplies
28. Christmas tree
29. Washer and dryer
30. Chest freezer
31. All items of personal property and clothing; personally those of Wife; or, given to Wife by members of his
family.
EXHIBIT
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IN THE COURT OF COMMON PLEAS OF
CUTMERLAND COUNTY, PENNSYLVANIA
DAVID C. SHOVER,
Plaintiff
NO, 5469
CIVIL 19 99
vs.
MICHELE R. SHOVER,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court
for entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under Section (201(c))
?181(d?-{1}} of the Divorce Code. (Strike out inapplicable section.)
2. Date and manner of service of the complaint: September 20, 1999,
3. (Complete either paragraph (a) or (b) .)
(a) Date of execution of the affidavit of consent required by Section
201(c) of the Divorce Code: by the plaintiff- July 10 2000
by defendant- July 7 2000
(b) (1) Date of execution of the plaintiff's affidavit required by
Section 201(d) of the Divorce Code:
(2) date of service of the plaintiff's affidavit upon the defendant:
4. Related claims pending: None
S r
Attorney for (2 aint:
Carl G. Wass, Esquire
1) Y
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DAVID C. SHOVER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
MICHELE R. SHOVER, : NO. 99 S?6P
Defendant : IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in
the foregoing pages, you must take prompt action. You are warned that if you fail to do so,
the case may proceed without you and a decree in divorce or annulment may be entered
against you by the court. Ajudgment may also be entered against you for any other claim
or relief requested in these papers by the plaintiff. You may lose money or property or
other rights important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available
in the Office of the Prothonotary at :
Office of the Prothonotary
Cumberland County Court House
Carlisle, Pennsylvania 17013
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator, Fourth Floor
Cumberland County Court House
Carlisle, Pennsylvania 17013
Telephone: (717) 240-6200
2257
DAVID C. SHOVER,
Plaintiff
vs.
MICHELE R. SHOVER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT UNDER SECTION 3301(c) OR 3301(d)
OF THE DOMESTIC RELATIONS CODE
1. Plaintiff is David C. Shover, an adult individual who resides at 34 Brentwood
Road (Wormleysburg, Cumberland County), Camp Hill, Pennsylvania, 17011.
2. Defendant is Michele R. Shover, an adult individual who resides at 34 Brentwood
Road (Wormleysburg, Cumberland County), Camp Hill, Pennsylvania, 17011.
3. Both the Plaintiff and the Defendant have been bona fide residents of the
Commonwealth of Pennsylvania for at least six months immediately previous to the filing
of this Complaint.
4. The Plaintiff and Defendant were married on August 17, 1985 in Pennsylvania.
5. There have been no prior actions in divorce or annulment between the parties.
6. The Defendant is not a member of the armed forces of the United States or any
of its allies.
7. The Plaintiff avers that the marriage is irretrievably broken.
8. 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. The
Plaintiff does not desire counseling.
9. Plaintiff requests the Court to enter a Decree of Divorce,
Date:S 3 tgaq
CALDWELL & KEARNS
BY S-1,12 0
Carl G. Wass, Esq 're
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
I. D. #07268
Attorney for Plaintiff
2254.1
VERIFICATION
I, DAVI D C. SHOVER, verify that the averments made in this Complaint are true and
correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to
unswom falsification to authorities.
Date: \qqq d `
David C. Shover
2254
ONAwl AOGp IJD•l0ip I11's 11ilJD
OM IY1pJ C! AbGllp 1Y033 3111C'tmI
DAVID C. SHOVER,
Plaintiff
vs.
MICHELE R. SHOVER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-5469
CIVIL ACTION - LAW
IN DIVORCE
ACCEPTAtJCE OF SERVICE
I do hereby accept service of and acknowledge receipt of a copy of the Complaint
Under Section 3301 (c) or (3301 (d) of the Domestic Relations Code in the above case.
Date: q-2-0- IM
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Michele R. hover
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DAVID C. SHOVER
Plaintiff
VS.
MICHELE R. SHOVER
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-5469
CIVIL ACTION - LAW
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A 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 8, 1999.
2. Plaintiff acknowledges that a copy of the Complaint was served on the
Defendant by Acceptance of Service on September 20, 1999.
3. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed, both from the date of the filing of the Complaint, and from the
service of the Complaint.
4. 1 consent to the entry of a final Decree of 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 correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.
C.S. Section 4904 relating to unsworn falsification to authorities.
Dated: rl-l0 -D?
Da i C. Shover, Plaintiff
SS# d6-f4-29/7
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DAVID C. SHOVER
Plaintiff
VS.
MICHELE R. SHOVER
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-5469
CIVIL ACTION - LAW
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A 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 8, 1999.
2. Defendant acknowledges that a copy of the Complaint was served on
Defendant by Acceptance of Service on September 20, 1999.
3. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed, both from the date of the filing of the Complaint, and from the
service of the Complaint.
4. 1 consent to the entry of a final Decree of 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 Count require counseling. I do not request that the Court
require counseling.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.
C.S. Section 4904 relating to unsworn falsification
Dated: '/ ? 2040
11884
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David C. Shover, IN THE COURT OF COMMON PLEAS
PLAINTIFF Cumberland COUNTY, PENNSYLVANIA
V. NO. 99-5469
Michele R. Shover, CIVIL ACTION -LAW
DEFENDANT IN DIVORCE
Notice is hereby given that the Defendant in the above matter having been granted a Final
Decree in Divorce from the bonds of matrimony on the 2nd of August, 2000, hereby elects to
retake and hereafter use her maiden name of Miele and gives this written notice avowing her
intention in /faccordance with the provisions f the Act of May 25, 1939, P. L. 192, as amended.
DATED: v/ fA -?L
Michele R. Shover
TO BE KNOWN AS
all
Mi hale R. Miele
Sworn to and subscribed
before me this 3?) day
of _11"r , 2000.
RY PUBLIC Nfarlaisew
AWNS A Miller NaleZPublic
Merrleblrg Dauphin County
My Commiso Expires April 30, 2001
mber Pennsylvania As50CIatiun of Nota,u s
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DAVID C. SHOVER
Plaintiff
VS.
MICHELE R. SHOVER
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-5469
CIVIL ACTION - LAW
IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
AND NOW, this itay of Iock 2001, the
attache//d?? -Stipulation for the entry of "Domestic Relations Order" dated
l'r a` , 2001, is hereby approved and incorporated as part of
the within Order, and the parties are hereby Ordered and Directed to comply with the
terms of this said Stipulation and this Order.
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-;;DTARY
of ?;ir 12 ?:-: 3:01
CLANE' .J,A`L) COUNTY
PENNSYLVANA
DAVID C. SHOVER
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-5469
MICHELE R. SHOVER
Defendant
CIVIL ACTION - LAW
IN DIVORCE
STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER"
AND NOW, this day of ISA e j, o'P. , 2001, the parties,
David C. Shover, Plaintiff and Michele R. Shover, Defendant, do hereby agree and
stipulate as follows:
1
2.
3.
4.
The Plaintiff, David C. Shover, (hereinafter referred to as "Member") is a member
of the Commonwealth of Pennsylvania, Public School Employees' Retirement
System (hereinafter referred to as "PSERS").
PSERS, as a creature of statute is controlled by the Public School Employees'
Retirement Code, 24 Pa. C.S.A. §8101 et M. ("Retirement Code").
Member's date of birth is May 4, 1963, and his Social Security number is 206-54-
2917.
The Defendant, Michele R. Shover, (hereinafter referred to as "Alternate Payee")
is the former spouse of Member. Alternate Payee's date of birth is August 11,
1965, and her Social Security number is 186-62-4709.
2
5. Member's last known mailing address is:
2095 Clarendon Street
Camp Hill, Pennsylvania, 17011
6. Alternate Payee's current mailing address is:
8 Campbell Place
Camp Hill, PA 17011
It is the responsibility of Alternative Payee to keep a current mailing address on file with
PSERS at all times.
7. (a) The marital property component of Member's retirement benefit equals:
(1) The Coverture Fraction multiplied by (2) the Member's retirement
benefit on the effective date of Member's retirement calculated by using
the Member's final average salary on October 22, 1998, (date of
separation) instead of the Member's actual final average salary.
(b) The Coverture Fraction is a fraction with a value less than or equal to one.
The numerator is the amount of Member's service, as defined by PSERS, for
the period of time from August 17, 1985 (date of marriage), to October 22, 1998
(date of separation). The denominator is the total amount of Member's service,
as defined by PSERS, on the effective date of Member's retirement.
(c) Sixty-Five percent (65%) of the marital property component of Member's
retirement benefit is to be allocated to the Alternate Payee as her equitable
distribution portion of the marital asset.
3
8. Member's retirement benefit is defined as all monies paid to or on behalf of
Member by PSERS, including any lump sum withdrawals or scheduled or ad hoc
increases, but excluding the disability portion of any disability annuities paid to
Member by PSERS or any deferred compensation benefits paid to Member by
PSERS. The equitable distribution portion of the marital property components of
Member's retirement benefit, as set forth in Paragraph Seven (7), shall be
payable to Alternate Payee and shall commence as soon as administratively
feasible on or about the date the Member actually enters pay status and PSERS
approves a Domestic Relations Order incorporating this Stipulation and
Agreement, whichever is later.
9. Member hereby nominates Alternative Payee as an irrevocable beneficiary to the
extent of Alternate Payee's equitable distribution portion of Member's retirement
benefit for any death benefits payable by PSERS. This nomination shall become
effective upon approval by the Secretary of the Retirement Board, or his
authorized representative, of any Domestic Relations Order incorporating this
Stipulation and Agreement. The balance of any death benefit remaining after
the allocation of Alternate Payee's equitable distribution portion ("Balance") shall
be paid to the beneficiaries named by Member on the last Nomination of
Beneficiaries Form filed with the Retirement Board prior to Member's death.
(a) If the last Nomination of Beneficiaries Form filed by Member prior to
Member's death (a) predates any approved Domestic Relations Order
incorporating this Stipulation and Agreement, and (b) names Alternate
Payee as a beneficiary, then: (1) the terms of the Domestic Relations
Order shall alone govern Alternate Payee's share of any death benefit,
and (2) for purposes of paying the Balance via the last Nomination of
Beneficiaries Form filed with the Retirement Board prior to Member's
death;, Alternate Payee shall be treated as if Alternate Payee
predeceased member. No portion of the balance shall be payable to
Alternate Payee's estate.
(b) In addition, Member shall execute and deliver to Alternate Payee an
authorization, in a form acceptable to PSERS, which will authorize PSERS
to release to Alternate Payee all relevant information concerning
Member's retirement account. Alternate Payee shall deliver the
authorization to PSERS which will allow the Alternate Payee to check that
she has been and continues to be properly nominated under this
paragraph.
10. The terms and amounts of Member's retirement benefits payable to the
Alternative Payee after PSERS approves a Domestic Relations Order
incorporating this Stipulation and Agreement is dependent upon which option(s)
is (are) selected by Member upon retirement. Members and Alternate Payee
expressly agree that, at the time that the Member files a retirement application
with PSERS, the Member may select the following retirement options.
a. Member may or may not elect to receive, by lump sum, all or a portion of
his accumulated deductions as provided at 24 Pa. C.S.A,.§8345(a)(4)(iii).
If the Member elects to receive alt or a portion of his accumulated
deductions, a portion thereof shall be paid to the Alternate Payee or her
estate. The portion to be paid to Alternate Payee shall be determined by
multiplying (1) by (2) by (3) where (1), (2), and (3) are as follows:
(1) Accumulated deductions on October 22, 1998, accumulated with
interest at the rate of 4% per year annually from October 22, 1998, until
after the date of retirement.
(2) Percentage representing portion of marital components of Member's
retirement benefit allocated to Alternate Payee in accordance with
Paragraph 7(b).
(3) Ratio obtained by dividing amount of accumulated deductions the
Member elects to receive by the total amount of his accumulated
deductions of the date of retirement.
b. Member may select any monthly annuity option offered by PSERS under
the Retirement Code at the time Member files for retirement. Alternate
Payee's share of Member's monthly annuity shall be calculated pursuant
to Paragraph Seven (7) of this Domestic Relations Order, deducted from
said monthly annuity, and paid to Alternate Payee.
C. In no event shall Alternate Payee receive less than she would have been
entitled to receive pursuant to paragraph Seven (7) herein.
11. Alternate Payee may not exercise any right, privilege or option offered by
PSERS. PSERS shall issue individual tax forms to Member and Alternate Payee
for amounts paid to each.
12. In the event of the death of Alternate Payee prior to receipt of all of her payments
payable to her from PSERS under this Order, any death benefit or retirement
benefit payable to Alternate Payee by PSERS shall be paid to Alternate Payee's
estate.
13. In no event shall Alternate Payee have greater benefits or rights other than those
which are available to Member. Alternate Payee is not entitled to any benefits
not otherwise provided by PSERS. The Alternate Payee is only entitled to the
specific benefits offered by PSERS as provided in this Order. All other rights,
privileges and options offered by PSERS not granted to Alternate Payee by this
Order are preserved for Member.
14. It is specifically intended and agreed by the parties hereto that this Order:
a. Does not require PSERS to provide any type or form of benefit, or any
option not otherwise provided under the Retirement Code;
b. Does not require PSERS to provide increased benefits (determined on the
basis of actuarial value) unless increased benefits are paid to Member
based upon cost-of-living or increases based on other than actuarial
values.
15. The parties intend and agree that the terms of this Stipulation and Agreement
shall be approved, adopted and entered as a Domestic Relations Order.
16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain
jurisdiction to amend any Domestic Relations Order incorporating this Stipulation
and Agreement, but only for the purpose of establishing it or maintaining it as a
Domestic Relations Order; provided, however, that no such amendment shall
require PSERS to provide any type or form of benefit, or any option not
otherwise provided by PSERS, and further provide that no such amendment or
right of the Court to so amend will invalidate this existing Order.
17. Upon entry as a Domestic Relations Order, a certified copy of the Domestic
Relations Order and this Stipulation and Agreement and any attendant
documents shall be served upon PSERS immediately. The Domestic Relations
Order shall take effect immediately upon PSERS approval and PSERS approval
of any attendant documents and then shall remain in effect until further Order of
the Court.
WHEREFORE, the parties intending to be legally bound by the terms of this
Sti ulation and Agreement, do hereunto place their hands and seals.
I
D fendant/Alterna a Pavee PVV Member
Attorney for Plain f?/Member
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