Loading...
HomeMy WebLinkAbout07-27861r y WILLIAM H. SHUMAN, JR., Plaintiff V. CHARLENE S. SHUMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- o?7?(v CIVIL 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 following 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 of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 r ---, i WILLIAM H. SHUMAN, JR., Plaintiff V. CHARLENE S. SHUMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- ? -7 7? CIVIL IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff is William H. Shuman, Jr., an adult individual who currently resides at 33339 Terragona Drive, Sorrento, Lake County, Florida 32776. 2. Defendant is Charlene S. Shuman, an adult individual who currently resides at 4061 Darius Drive, Enola, Cumberland County, Pennsylvania 17025. 3. Defendant has been a bona fide resident in 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 September 6, 1986, in Montoursville, Pennsylvania. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 7. Neither Plaintiff nor Defendant is in the Armed Forces of the United States. 8. Plaintiff avers that the marriage between the parties is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in counseling. C . .. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. COUNT II-EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The parties have acquired real and personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff DATE: 5-Li. 07 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. f?. William H. Shun' n J,- Date: Z ?' ?' C..J al N C? ? O WILLIAM H. SHUMAN, JR., Plaintiff V. CHARLENE S. SHUMAN, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- 2786 CIVIL IN DIVORCE PRAECIPE TO REINSTATE Please reinstate the Divorce Complaint filed in the above-captioned matter on May 7, 2007. Respectfully Submitted, O'BRIEN, BARIC & SCHERER Michael A. Schere , Esquire I.D. No. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff mas%DomesticlShumanldivorce.com p Q h } uo P r (e WILLIAM H. SHUMAN, JR., Plaintiff V. CHARLENE S. SHUMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- 2786 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff, William H. Shuman, Jr. moves the court to appoint a master with respect to the following claims: (x) Divorce (x) Distribution of Property O Annulment O Support () Alimony () Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The Defendant, Charlene S. Shuman is unrepresented in this matter. (3) The statutory grounds for divorce are: 3301(c) (4) The action is contested with respect to the following claims: divorce and equitable distribution. (5) The action does involve complex issues of law or fact. (6) The hearing is expected to take one-half (1/2) day. (7) Additional information, if any relevant to the motion: not applicable DATE: August 6, 2009 Mi hael A. S r r, Esquire ORDER APPOINTING MASTER AND NOW, this day of , 2009, E. Robert Elicker, III, Esquire is appointed master with respect to the following claims: divorce, equitable distribution, counsel fees and expenses. BY THE COURT, J. 2009 AUG -6 Pr N 1: 49 1`I FSYLVAN!,/", r, AUG 0 7 2009 G, WILLIAM H. SHUMAN, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007- 2786 CIVIL TERM CHARLENE S. SHUMAN, IN DIVORCE Defendant MOTION FOR APPOINTMENT OF MASTER Plaintiff, William H. Shuman, Jr. moves the court to appoint a master with respect to the following claims: (x) Divorce (x) Distribution of Property Annulment () Support (j Alimony () Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The Defendant, Charlene S. Shuman is unrepresented in this matter. (3) The statutory grounds for divorce are: 3301(c) (4) The action is contested with respect to the following claims: divorce and equitable distribution. (5) The action does involve complex issues of law or fact. (6) The hearing is expected to take one-half (1/2) day. (7) Additional information, if any relevant to the motion: not applicable DATE: August 6, 2009 A/Af/ NZ MOW A. S r r, Esquire ORDER APPOINTING MASTER AND NOW, this day of , 2009, E. Robert Elicker, I11, Esquire is appointed master with respect to he following claims: divorce, equitable distribution, counsel fees and expenses. BY THE C , 1 r Tp- F °v'? tMY 2009 AUG - 7 Pill' G .j GL?,b iLE: ;, , - F 2009 .1 U --6 P"' 1.49 r? ?, j',??.?4'r``? fit. I ? rES nziu 44Y M • P Q.S'kU.-Ona,J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM H. SHUMAN, JR., Plaintiff V. CHARLENE F. SHUMAN, Defendant No. 07 -2786 CIVIL ACTION - LAW IN DIVORCE MOTION TO AMEND MOTION FOR APPOINTMENT OF MASTER Charlene F. Shuman, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support (X) Alimony ( X) Counsel Fees ( ) Alimony Pendente Lite ( X) Costs and Expenses and in support of the motion states: 1. Discovery in this matter is not complete but Defendant believes it will be completed within sixty (60) days. 2. Plaintiff is represented by Michael A. Scherer, Esquire, in this matter. 3. The statutory grounds for divorce are: 3301(c). 4. The action is contested with respect to the following claims: divorce, equitable distribution, alimony, counsel fees and costs and expenses. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one-half (1/2) day. 7. Additional information, if any, relevant to the motion: None. Respectfully submitted, Date: December 1, 2009 LAW OFFICE OF SEAN Sean M. Shultz, Esquire / Attorney ID No. 90946 ` 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Defendant TZ, P. C. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM H. SHUMAN, JR., No. 07 -2786 Plaintiff CIVIL ACTION - LAW V. CHARLENE F. SHUMAN, IN DIVORCE Defendant CERTIFICATE OF SERVICE AND NOW, this ls` day of December, 2009, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Motion for Appointment of Master by first class, United States Mail, postage pre-paid, addressed as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 Attorney for Plaintiff Respectfully submitted, Sean M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Defendant LAW OFFICE OF SEAN M. SHULTZ, P.C. FILE(.-.ti :w . F THE E .?OTAPY 2009 DEC - I PM 3: 4 9 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM H SHUMAN JR No. 07 -2786 Plaintiff V. CHARLENE F. SHUMAN, Defendant CIVIL ACTION - LAW IN DIVORCE ANSWER AND COUNTERCLAIM COUNT I - DIVORCE AND NOW, comes the Defendant, Charlene F. Shuman, by and through her attorney, Sean M. Shultz, Esquire, and responds to Plaintiff's Complaint as follows: 1. Admitted. 2. Denied. Defendant is Charlene F. Shuman. Defendant currently resides at 319 Mercury Drive, Mechanicsburg, Pennsylvania 17050. 3. Admitted. 4. Admitted. 5. Paragraph 5 is an averment to which no response is required. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. COUNT II - CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 10. Paragraph 10 is an averment to which no response is required. 11. Admitted. COUNTERCLAIM COUNT III -CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 12. Paragraphs 1 through 11 are incorporated herein by reference. 13. Defendant requests your Honorable Court to allow her alimony as it deems reasonable pursuant to Section 3701 of the Pennsylvania Divorce Code. WHEREFORE, Defendant requests that your Honorable Court enter a Decree in Divorce awarding her alimony as the Court deems just and reasonable. COUNT IV - CLAIM FOR COUNSEL FEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 14. Paragraphs 1 through 13 are incorporated herein by reference. 15. Defendant requests your Honorable Court to allow her reasonable counsel fees and expenses pursuant to Section 3702 of the Pennsylvania Divorce Code. WHEREFORE, Defendant requests that your Honorable Court enter a Decree in Divorce ordering payment of counsel fees and expenses as the Court deems just and reasonable. Respectfully submitted, LAW OFFICE OF SEAN M. SHJJJ-TZ, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Defendant I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM H. SHUMAN, JR., Plaintiff V. CHARLENE F. SHUMAN, Defendant No. 07 -2786 CIVIL ACTION - LAW IN DIVORCE VERIFICATION I verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. This Verification is made by Defendant's counsel based upon information provided by Defendant to Defendant's counsel regarding the factual averments contained herein. 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. Sean M. Shultz IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM H. SHUMAN, JR., No. 07 -2786 Plaintiff CIVIL ACTION - LAW V. CHARLENE F. SHUMAN, IN DIVORCE Defendant CERTIFICATE OF SERVICE AND NOW, this 1" day of December, 2009, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Answer and Counterclaim by first class, United States Mail, postage pre-paid, addressed as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 Attorney for Plaintiff Respectfully submitted, LAW OFFICE OF SEAN M. SHULTZ, P.C. ¢- can M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Defendant `r. LJ ^ I .L' C. 2009 DEC - I Pil 3: 4 8 cU,t I Lv 6-d. b o p? alqy Sk, 1+z co j ?'(r,k o? d Ca:)aSCI ?GGS C- jOd( 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM H. SHUMAN, JR., Plaintiff V. CHARLENE S. SHUMAN, Defendant No. 07 -2786 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please change the Defendant's name to Charlene F. Shuman, in the above-captioned matter. Date: December 1, 2009 Respectfully submitted, LAW OFFICE OF SEAN M. SHULTZ, P.C. LVP Sean M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM H. SHUMAN, JR., No. 07 -2786 Plaintiff CIVIL ACTION - LAW V. CHARLENE S. SHUMAN, IN DIVORCE Defendant CERTIFICATE OF SERVICE AND NOW, this 1" day of December, 2009, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Praecipe by first class, United States Mail, postage pre-paid, addressed as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 Attorney for Plaintiff Respectfully submitted, LAW OFFICE OF SEAN M. SHULTZ, P.C. Sean M. Shultz, Esquire l Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Defendant L` r Ft^ .t I I "I -- 2009 D- C - PH 3: 4,3 (,,A) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM H. SHUMAN, JR., No. 07 -2786 Plaintiff CIVIL ACTION - LAW V. CHARLENE S. SHUMAN, IN DIVORCE Defendant PRAECIPE TO THE PROTHONOTARY: Please enter my appearance on behalf of Charlene S. Shuman, Defendant, in the above- captioned matter. Date: December 1, 2009 Respectfully submitted, LAW OFFICE OF SEAN M. SHULTZ, P.C. Sean M. Shultz, Esquire I Attorney ID No. 90946 1 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Defendant w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM H. SHUMAN, JR., No. 07 -2786 Plaintiff CIVIL ACTION - LAW V. CHARLENE S. SHUMAN, IN DIVORCE Defendant CERTIFICATE OF SERVICE AND NOW, this 1" day of December, 2009, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Praecipe by first class, United States Mail, postage pre-paid, addressed as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 Attorney for Plaintiff Respectfully submitted, LAW OFFICE OF SEAN M. SHULTZ, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Defendant n. Fart r ETr,;' A Y 2000 Dpi - I F.= 3: ?; l ll? "I,- ? r 21 DEC 01 p009? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM H. SHUMAN, JR., Plaintiff V. CHARLENE F. SHUMAN, Defendant No. 07 -2786 CIVIL ACTION -LAW IN DIVORCE ORDER AMENDING APPOINTMENT OF MASTER 174 AND NOW, this day of December, 2009, E. Robert Elicker, II, Esquire is appointed master with respect to the following claims: Divorce, Distribution of Property, Alimony, Counsel Fees, and Costs and Expenses. J. FAUser Folder\Firm bocs\Gendocs2007\4033-lmotion.mastecBanklin.wpd By Court: OF . DVW 9DEC -I W Its 5 1..4 WILLIAM H. SHUMAN, JR., Plaintiff V. CHARLENE F. SHUMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- 2786 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Michael A. Scherer, Esquire, attorney for the Plaintiff in the above-captioned divorce action, do hereby certify that I served a certified copy of the Complaint in Divorce to the Defendant, as per the attached U.S. Postal Service Certified Mail, return receipt card. O'BRIEN, BARIC & SCHERER is el A. Scherer, Esquire DATE: December 16, 2009 ¦ complete Rams 1, 2, and 3. Also Mete Item 4 If Restricted Dow" Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplec:e, or on the front if space permits. 1. Article Addressed to: CHARLENE S SH q;,. ': 4061 DA.RIUS D ENOLA PA 170 1 =s ,. A , Agent ?Tb&? x ? 13 Addresses N-IF Recelved by (ftdsd Na/ne) C. Date of Delvery the ck Wt-101 D. Is de&rery address dllf mnt from item 1? ? Yes if YEs, enter delivery address below: ? No it RESTr .. 3 Service r 'v ®CertlMr ? Q i?r ? Reglsterad ? Return Reow for Merdrandise ? Insured man ? C.O.D. 4. Reatrlcted Delhrery? Mkft Fee) a Yes 2- Amide Number 7007 0220 0002 2523 0491 Ps Pdwl+rr 3811, Ribrtrery 2m Dorneeac Rom" Receipt ,asses a1*r-sao r ? n-' ? ,F TH.' E,A,PY 2099 DEC 18 Aid 8: 4 WILLIAM H. SHUMAN, JR., Plaintiff V. CHARLENE F. SHUMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- 2786 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 7, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of a final decree in divorce without notice. 4. 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. 5. 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. 6. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: William H. Sh an, Jr. 2009 DEC 1 8 A 8: 4 6 WILLIAM H. SHUMAN, JR., Plaintiff V. CHARLENE F. SHUMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- 2786 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 7, 2007. 2. Defendant acknowledges receipt and accepts service of the Complaint on June 14, 2007. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. 1 consent to the entry of a final decree in divorce without notice. 5. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 7. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and 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. C Date: I i-( 51 bm&uJ,`6LAatA- Charlene F. Shuman FILED--, OF THE' PPOT'-" K)T'ARY 2009 OEC 18 AM 8* 46 !- E! , , L`Jr't'vstA WILLIAM H. SHUMAN JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW CHARLENE F. SHUMAN, NO. 2007-2786 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 3301(c) or 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified Mail Defendant signed a U.S. Postal receipt indicating she received the Certified Mail on June 14, 2007. 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff on December 17, 2009; and Defendant on December 17,2009. B. (1) Date of execution of the Plaintiffs Affidavit required by Section 3301 (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: Marital Settlement Agreement dated for December 17, 2009 that gets incorporated into the Decree. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: None served as the parties signed the Waiver of Notice. Defendant on December 17, 2009 and Plaintiff on December 17, 2009. Respectfully submitted, V"kL.,- Micliael'A. Scherer, Esquire 2009 DEC 21 Aid I I * 10 CUIV ?_ `Y WILLIAM H. SHUMAN, JR., THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07 - 2786 CIVIL CHARLENE S. SHUMAN, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 2/ ` day of -A-..wa , 2009, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated December 17, 2009, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: ? Michael A. Scherer Attorney for Plaintiff Sean M. Shultz Attorney for Defendant Co t F-s rr , ? a?a,c/d9 E f ? -tom" . Bayley, P.J. TH Pp ^NOTARY 2069 DEC 2 1 Et 1: 3 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM H. SHUMAN JR., NO. 2007-2786 Plaintiff V. CIVIL ACTION - LAW CHARLENE F. SHUMAN, IN DIVORCE Defendant MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this 17th day of December, 2009, BY and BETWEEN Charlene F. Shuman, of 319 Mercury Drive, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "Wife," A N D William H. Shuman, Jr., of 33339 Terragona Dirve, Sorrento, Florida hereinafter referred to as "Husband." RECITALS R.1: The Parties hereto are Husband and Wife, having been joined in marriage on September 6, 1986, Montoursville, Pennsylvania; and, R.2: One child was born of the marriage: Carly B. Shuman, born December 17, 1992; and, R.3: Differences have arisen between the parties, in consequence of which they have lived separate and apart since February, 2005; and, ii RA The Parties have resolved that it is not possible to continue the marital relationship between them for reasons known to them, in consequence of which they intend to divorce; and, R.5: Husband filed a Complaint for Divorce in the Court of Common Pleas of Cumberland County in the Commonwealth of Pennsylvania, to above-captioned docket number on May 7, 2007; and, R.6: A hearing on the economic issues in this case was scheduled before the Cumberland County Divorce Master on December 17, 2009; and, R.7: It is the desire and intention of the parties, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended, without the need to participate in a hearing before the Divorce Master; and, R.8: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection. Wife had been independently represented by Sean Shultz, Esquire, and Husband has been represented by Michael A. Scherer, Esquire. NOW THEREFORE, with the aforementioned recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, and the parties, intending to be legally bound, hereby agree as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party shall disparage or discredit the other in any way, nor in any way injure his or her reputation; nor shall either of them act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect between the members of the family of either party. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action. Simultaneous with the execution of this Agreement, the parties shall execute the Affidavits of Consent and Waiver of Notice Forms necessary to finalize said divorce. Said Affidavits and Waivers shall be immediately filed with the Prothonotary's Office. If either party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. (3) REAL PROPERTY: The parties are the joint owners of certain real property located at 33339 Terragona Dirve, Sorrento, Florida, which was intended to be the marital residence. (hereinafter "Marital Residence"). The marital residence is encumbered by two mortgages in Husband's name alone. The parties bought the marital residence at a time when the real estate market was appreciating rapidly and since that time the real estate market has suffered a decline. Thus the marital residence is worth approximately one-hundred ten thousand dollars less than the mortgage payoffs. Husband shall become the sole owner of the marital residence and Wife will sign a deed conveying her interest in the marital residence to Husband upon presentation of said deed to Wife by Husband. (4) DEBT: There is no joint marital debt. Wife secured a credit card from Visa, being account number 4264 2983 73xx xxxx. Wife settled the outstanding balance on this account without Husband's knowledge thereby creating a negative statement on Husband's credit report. Wife acknowledges that the aforementioned Visa card was taken out by her without Husband's knowledge and that all of the charges on the account were made by Wife alone without Husband's consent. Visa and or the credit reporting agencies are hereby directed to remove the negative statement on Husband's credit report regarding this account. (5) MOTOR VEHICLES: Wife drives a 2001 Volvo V70 which is in joint names. Husband shall sign the title to the vehicle and thereby convey his right, title and interest in the vehicle to Wife, and said vehicle shall become Wife's separate property. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that the Wife will take possession of the following; Piano and bench, china cabinet, crystal glassware, exercise treadmill and daughter's bedroom furniture. Expense of 5t-wrz,f evall WV moving these items to Pennsylvania will be The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY/RETIREMENT BENEFITS: Except as otherwise provided herein, each party hereto hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, investment accounts, checking accounts and savings accounts. Husband has accrued a defined benefit pension plan with his employer, Nationwide Insurance, some of which is marital property. Details of the pension plan have been shared with Wife. Wife hereby waives any interest she may have in the Nationwide Retirement Plan. Husband has also contributed to a 401k plan during the marriage, some of which is marital. Husband shall roll the sum of $45,000.00 from his 401k plan to a qualified account in Wife's name alone, which sum shall become Wife's separate property and the remainder of Husband's 401 K shall become his separate property. (8) WAIVER of ALIMONY: The Parties acknowledge that each has income and assets satisfactory to meet his and her own reasonable needs. Each Party waives any claim he or she may have, one against the other, for alimony, spousal support or alimony pendente lite. (9) CHILD SUPPORT: The parties are the parents of Carly B. Shuman, born December 17, 1992. The parties acknowledge that Husband owes Wife a duty of child support since Wife is the primary custodian of the child. Husband shall continue to pay child support through the Cumberland County Domestic Relations Office as is currently required or as is computed in the future according to the prevailing support law. After Carly's emancipation and until age twenty-three, Husband shall pay up to $750.00 of Carly's unreimbursed medical expenses per year provided she is enrolled in a post-secondary education program and is able to be insured through Husband's medical insurance through Nationwide. (10) AFTER-ACQUIRED PROPERTY: Each of the parties shall own and enjoy, independently of any claims or rights of the other all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. (11) ATTORNEY'S FEES: Except as otherwise herein provided, each of the parties waives the right to receive a payment for counsel fees from the other, and each shall be responsible for his or her own counsel fees, costs and expenses, if such fees or expenses are incurred. (12) ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, within ten (10) days of any request to do so, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (13) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. (14) COMPLETE DISCLOSURE: Each of the Parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each Party further acknowledges that he or she has had the opportunity to discuss with counsel, if desired, the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The Parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and other than provided herein, the parties do not wish to make or append hereto any further enumeration or statement. The Parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the Parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other Party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available to him or her full, proper and independent representation by legal counsel. (15) WAIVER OF APPRAISALS: The parties acknowledge that they are aware of their respective rights pursuant to the Pennsylvania Divorce Code to obtain formal valuations or appraisals of the real estate, the personal property, the vehicles, and 401 K's and IRA's, some or all of which were acquired during the marriage and therefore constitute marital property. However, the Parties have determined that they will not undertake the expense to have these items appraised and/or valuated, and that the division of property as set forth in this agreement, represents a fair and equitable distribution. (16) RELEASE of ALL CLAIMS: Except as otherwise provided herein, each Party releases and discharges completely and forever the other from any and all right, title, interest or claim of past, present or future support, division of property, including income of gain from property hereafter accruing, right of dower or courtesy, the right to act as administrator or executor of the estate of the other, the right to a distributive share of the other's estate, any right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of their marriage relationship, or otherwise, whether the same are conferred by statutory or common law of the Commonwealth of Pennsylvania, or any other state, or of the statutory or common law of the United States of America. Except as provided herein, the Parties specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees, except those counsel fees sought in the event of a breach of this Agreement, or any other marital rights as provided in the Pennsylvania Divorce Code, Act 26 of 1980 or any amendment thereto. Each party further releases the other from any and all claims or demands up to the date of execution hereof and any other claims either party could raise which arise from the marriage, contract or otherwise. (17) SEPARABILITY of PROVISIONS: 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 continue in full force, effect and operation. (18) GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the Parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. (19) INCORPORATION into DIVORCE DECREE: The Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. Upon entry of the Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the Parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contact itself at law or in equity, or in any enforcement action filed in a Divorce action. (20) BREACH: It is expressly stipulated that in the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (21) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (22) AGREEMENT BINDING on PARTIES and HEIRS: It is understood and agreed that not only the Parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: 44A c a e er, Esq. Sean M. Shultz, Esq. William H. Shuman Jr. uasw? - Charlene F. Shuman E Ei ` ,,,r ARY 2 0 9 C£C 18 17 i '9: ? 1 WILLIAM H. SHUMAN JR. V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLENE F. SHUMAN NO 2007-2786 DIVORCE DECREE yoP lr?t AND NOW, 4 it is ordered and decreed that WILLIAM H. SHUMAN JR. plaintiff, and CHARLENE F. SHUMAN , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Marital Settlement Agreement dated for December 17, 2009. B Court, Attest: J. JUAN6Z Prothonotary 3 la let" M WILLIAM H. SHUMAN, JR., Plaintiff v. CHARLENE S. SHUMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- 2786 IN DIVORCE CIVIL r ,- c..a t - ? rn HUSBAND'S PETITION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, comes William H. Shuman, Jr., by and through his attorney, Michael A. Scherer, Esquire, and files this Petition for Entry of a Qualified Domestic Relations Order. 1. The Plaintiff is William H. Shuman, Jr., an adult individual who resides at 33339 Terragona Drive, Sorrento, Florida 32776, and is represented by Michael A. Scherer, Esquire. 2. The Defendant is Charlene S. Shuman, who resides in Mechanicsburg, Pennsylvania and is represented by Sean Shultz, Esquire. 3. The parties entered into a marital settlement agreement dated December 17, 2009. 4. Paragraph 7. of the marital settlement agreement provides that Wife shall receive the sum of $45,000.00 from Husband's 401k with Nationwide Insurance. 5. Husband's counsel prepared the attached Qualified Domestic Relations Order according to the guidelines set forth by Nationwide. 6. Sean Shultz, Esquire has approved the entry of the Qualified Domestic Relations Order by letter to undersigned counsel dated January 18, 2010, which is attached hereto as "Exhibit A." WHEREFORE, undersigned counsel respectfully requests that the attached Qualified Domestic Relations Order be entered by the Court in order to implement the terms of the marital settlement agreement in this case. Respectfully submitted, O'BRIEN, BARIC & SCHERER ji "-kLj chael A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/shuman/nationwide.gdro 4 Irvine'Row Carlisle, PA 17013 ?,AW OF.FICIC OF SEAN M. SHULTZ,.C. contact 5hult7,LawOffice.cofn January 18, 2010 VIA FACSIMILE ONLY (249-5755) Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street. Carlisle, Pennsylvania 17013 RE: William H. Shuman, Jr. v. Charlene S. Shuman No. 2007-2786 Our File No. 1268.1 Dear Attorney Scherer: Phone: 717.701.8412 Fax: 717.701.$416 Please be advised that I have reviewed and approve the proposed Qualified Domestic Relations Order you forwarded to me in the above-referenced matter. The termination of spousal support without the use of the Nationwide funds is putting my client in an economically precarious situation., The unusually long delay of several months that Nationwide has indicated is troubling. We understand that your client is under no obligation, but we are hopeful that he would be willing to continue direct payments of the same spousal support amount, which my client would repay once she receives the rollover from Nationwide. Please let me know whether your client is willing to continue the payments under these terms. Should you have any questions or wish to discuss this matter further, please do not hesitate to contact nee. Very truly yours, OFFICE OF SEAN M. SHULTZ, P.C. SMS/dmh cc: Charlene Shuman THE ADVICE YOU NEED. TKjE RESPECT YOU DESERVE. "EXHIBIT A" WILLIAM H. SHUMAN JR., NO. 2007-2786 Plaintiff V. CIVIL ACTION - LAW CHARLENE F. SHUMAN, Defendant IN DIVORCE Qualified Domestic Relations Order (Defined Contribution Plan) This order creates and recognizes the existence of an alternate payee's right to receive a portion of the participant's benefits payable under an employer-sponsored defined contribution plan, which is qualified under Section 401 of the Internal Revenue Code (the "Code"). This order is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the Code and Section 206(d) of the Employee Retirement Income Security Act of 1974 ("ERISA") and shall be interpreted and administered in conformity with such laws. This order is entered pursuant to the authority granted under the applicable domestic relations laws of the Commonwealth of Pennsylvania. 1. PLAN This order applies to The Nationwide Savings Plan (the "Plan"). Any successor to the Plan shall also be subject to the terms of the order. 2. PARTICIPANT The name, address, and Social Security Number of the participant are as follows: Name: Address: Social Security Number: Date of Birth: William H. Shuman Jr. 33339 Terragona Drive Sorrento, FL 32776 ***-**-0370 February 12, 1954 3. ALTERNATE PAYEE The name, address, and Social Security Number of the alternate payee are as follows: Name: Address: Social Security Number: Date of Birth: 4. MARITAL HISTORY Date of Marriage: Date of Divorce: Charlene F. Shuman 319 Mercury Drive Mechanicsburg, PA 17055 ***-**-2279 February 14, 1962 September 6, 1986 December 22, 2009 5. BENEFIT PAYABLE TO THE ALTERNATE PAYEE (Choose either Option A or B) Nationwide Savings Plan The 401k Company Page 1 of 4 ? OPTION A - PERCENTAGE The order assigns to the alternate payee an amount equal to % of the participant's account balance under the Plan as of Month Day Year Gains & Losses (choose one): ? with gains and losses since that date OR ? without gains and losses since that date Outstanding Loans (choose one): ? including the value of the outstanding loan, if any. OR ? not including the value of the outstanding loan, if any. X OPTION B - DOLLAR AMOUNT (choose one of the following): ? The order assigns to the alternate payee an amount equal to $ as of (enter date) or the participant's vested account balance if less, with gains and losses since that date. ? The order assigns to the alternate payee an amount equal to as of (enter date) or the participant's vested account balance if less. ? The order assigns to the alternate payee an amount equal to $ or the participant's vested account balance if less, as of the date of segregation. X The order assigns to the alternate payee an amount equal to $45,000.00. 7. FORM OF PAYMENT Except as otherwise noted, the account balance assigned by this order will be paid to the alternate payee in any form available to the participant in accordance with the provisions of the Plan at commencement. 8. COMMENCEMENT The alternate payee may begin receiving his or her benefit payments after the plan administrator has determined this Order to be a QDRO in a manner pursuant to the terms of the QDRO, ERISA and the Code. 9. DEATH OF THE ALTERNATE PAYEE In the event of the alternate payee's death prior to receiving the full amount of benefits called for under this order and under the benefit option chosen by the alternate payee, such alternate payee's beneficiary(ies), as designated on the appropriate form provided by the plan administrator, will receive the remainder of any unpaid benefits under the terms of the Plan. In the event that no beneficiary is designated, such alternate payee's benefit shall be paid pursuant to the terms of the Plan. Nationwide Savings Plan The 401k Company Page 2 of 4 10. DEATH OF THE PARTICIPANT In the event that the participant dies prior to the establishment of separate account(s) in the name of the alternate payee, such alternate payee shall be treated as the surviving spouse of the participant for any death benefits payable under the Plan but only to the full extent of the benefits awarded in Paragraph 5 of this order. Should the participant predecease the alternate payee after the new account(s) have been established on his or her behalf, such participant's death shall in no way affect the alternate payee's right to his or her portion of the benefits. 11. RETENTION OF JURISDICTION This matter arises from an action for divorce or legal separation in this court under the case number set forth at the beginning of this order. Accordingly, this court has jurisdiction to issue this order. In the event the plan administrator determines that this order is not a Qualified Domestic Relations Order, both parties shall cooperate with the plan administrator in making any changes needed for the order to become qualified. This includes signing all necessary documents. For this purpose, this court expressly reserves jurisdiction over the dissolution or divorce proceeding involving the participant, the alternate payee, and the participant's interest in the Plan. 12. LIMITATIONS Pursuant to Section 414(p)(3) of the Code and except as provided by Section 414(p)(4), this order: i. Does not require the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan; ii. Does not require the Plan to provide increased benefits: and iii. Does not require the payment of benefits to an alternate payee that is required to be paid to another alternate payee under another order previously determined to be a Qualified Domestic Relations Order. 13. CONSTRUCTIVE RECEIPT If the Plan inadvertently pays to the participant any benefit that is assigned to the alternate payee pursuant to the terms of this order, the participant will immediately reimburse the Plan to the extent that the participant has received such benefit payments. Nationwide Savings Plan The 401 k Company Page 3 of 4 If the Plan inadvertently pays to the alternate payee any benefit that is assigned to the participant pursuant to the terms of this order, the alternate payee will immediately reimburse the Plan or the participant to the extent that the alternate payee has received such benefit payments. w Dated this ? day of ?/V r. By Edward E. Guido J. C= v 0 N Nationwide Savings Plan The 401 k Company Page 4 of 4 0?1E.S' ma`2t?