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HomeMy WebLinkAbout03-4035IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JEFFERY L. SHEAFFER, Sr. S.S. No. 168-48-4952 Plaintiff VS. FAYE A. SHEAFFER S.S. No. 202-46-5816 Defendant NOTICE TO DEFEND AND NO. OF 2003 ?3 - k? 3S etu??. `? IN DIVORCE AVISO 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 action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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. Lawyer Referral Service of the Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3308 (717) 249-3166 USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demands y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defenses o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADOINMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCI6N ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service of the Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013-3308 (717) 249-3166 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JEFFERY L. SHEAFFER, Sr. S.S. No. 168-48-4952 Plaintiff NO. OF 2003 - ?V o 3S' VS. FAYE A. SHEAFFER S.S. No. 202-46-5816 Defendant IN DIVORCE COUNT ONE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is JEFFERY L. SHEAFFER, Sr., who currently resides at P.O. Box 301, Port Royal, PA, 17082. 2. Defendant is FAYE A. SHEAFFER, who currently resides at 6601 Carlisle Pike, Mechanicsburg, PA 17050. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 13, 1977, in Cumberland County, PA. 5. There have been no prior actions of divorce or for annulment of marriage between the parties. 6. The marriage is irretrievably broken. IN THE COURT OF COMION PLEAS OF CUMERLAND COUNTY, PENNSYLVANIA hEa- AK Ste. . Plaintiff vs. S yo, 202-84- 58? P No. () 3 - SAO e 1P_++C/Q- (- -%V)e, ? JAG (Ed.ai.ntiffn (Defendant), moves the court to appoint a master with rePect to the following claims: ( ?) Divorce ( Distribution of Property ( ) Annulment ( ) 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(s) for which the appointment of a master is requested. (2) The defendant (has) (has not) appeared in the action (personally) (by his attorney, ,Esquire). (3) The staturory ground(s) for divorce (is) (are) (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: (c) The action is contested with respect to the following claims: (5) The action (involves) (does not involve) complex issues of law or fact. (6) The hearing is expected to take (hours) (days). (7) Additional information, if any. relevant to the motion. Date: Y- 03 - C/5 AND N061 19' Wo 't- Esquire, 441 is appointed master th respect to the following claims: zt4t n o , ez C u ?S l 41 J b oa E N ca ry 'Ft n ' L -p X7-7 ? N The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The date of final separation of the parties is July 20, 2003. 9. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff, JEFFERY L. SHEAFFER, Sr., requests this Honorable Court to enter a Decree in Divorce divorcing said Plaintiff from Defendant, FAYE A. SHEAFFER COUNT TWO EQUITABLE DISTRIBUTION 10. Paragraphs 1-9, inclusive, of this Complaint are incorporated herein by reference as if fully set forth. 11. Plaintiff and Defendant have legally and beneficially acquired both real and personal property during their marriage from August 13, 1977, until their fmal separation on July 20, 2003. 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to date of this Complaint, and substantial portions of said property are in the exclusive control of the Defendant. 13. Plaintiff requests the Court to equitably divide all marital property and to enjoin Plaintiff and Defendant from the removal, disposition, alienation or encumbrance of all real and personal property of the parties. 14. An inventory shall be filed within 90 days after service of this pleading and Defendant is requested to also file an inventory, all as per Pa. R.C.P. 1920.33(a). WHEREFORE, Plaintiff requests your Honorable Court to equitably divide, distribute or assign the marital property between the parties, all as per Sections 3501-3508, inclusive, of the Divorce Code of the Commonwealth of Pennsylvania. Respectfully submitted, KNEPP & SNOOK By ORRIS C. EPP, III Attorney I.D. No. 61921 10 South Wayne Street P.O. Box 551 Lewistown, PA 17044-0551 (717) 247-3787 Counsel for Plaintiff 3 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. Sec. 4904, relating to unworn falsification to authorities. 6*§t)er, 4 r 0 d , P= ? IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JEFFERY L. SHEAFFER, Sr. S.S. No. 168-48-4952 VS. FAYE A. SHEAFFER S.S. No. 202-46-5816 Defendant NO. OF 2003 03 , AJ03S IN DIVORCE AFFIDAVIT AS TO NON-MILITARY SERVICE OF DEFENDANT UNDER SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940, AS AMENDED COMMONWEALTH OF PENNSYLVANIA COUNTY OF MIFFLIN Plaintiff ss: JEFFERY L. SHEAFFER, Sr., being duly sworn according to law, deposes and says that he is the Plaintiff above named, and that he has caused to be made a careful and diligent investigation and inquiry concerning the above-named Defendant which disclosed the following facts: Through various persons who are personally acquainted with the above-named Defendant, it was determined that Defendant's last known address was 6601 Carlisle Pike, Mechanicsburg, PA 17050; that the said Defendant is over the age of eighteen (18) years; and that the said Defendant is engaged in purely civilian activities and has no affiliations with the Army, Navy, Marine Corps, Coast Guard, or Public Health Service of the United States, or of any other country. Based upon the foregoing facts disclosed by said investigation and inquiry, Deponent avers that the above-named Defendant is not in the military service of the United States as defined in the Soldiers' and Sailors' Civil Relief Act of 1940, and is not in the military service of any ot) er, country. -9 A <_?L Sworn to and subscribed before me this t; day of August, 2003. ?btN 1•? ota PubNotarial seal ; ` . -° Angela D. Earnest, Notary Public ?.. Lewistown Bom, Mifflin County My corny kf JC'pliCS,' _My Commission Expires Mar. 24. 2007 ,_l . - IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JEFFERY L. SHEAFFER, Sr. NO. 03-4035 S.S. No. 168-48-4952 Plaintiff VS. IN DIVORCE FAYE A. SHEAFFER S.S. No. 202-46-5816 Defendant AFFIDAVIT AND RETURN OF SERVICE AND NOW comes ORRIS C. KNEPP, III, attorney for JEFFERY L. SHEAFFER, Sr., and states that service of the Complaint and Affidavit of Non-Military Service in this platter was made by him upon the Defendant, FAYE A. SHEAFFER, by posting the same in the U.S. Mail, postage prepaid, at Lewistown, PA, by Certified Mail, Restricted Delivery, Return Receipt Requested on August 14, 2003, to her mailing address, at 6601 Carlisle Pike, Mechanicsburg, PA 17050, which mail was received by Defendant on August 16, 2003, all in accordance with Pa. R.C.P. 1930.4. The mailing receipt and the return receipt or true copies thereof bearing the signature of the Defendant are attached hereto and made part hereof, together with cover letter mailed to Defendant. Sworn to and subscribed before me this 18 day of August, 2003. Notarial Seel t.ewistownu Boro??Mi/Fltin Counit)o NOtary Public My Commission Pxpires pct, 11 Zgpq Orris C. Kn p, III, Esqui#e 7 Poele9e S .w.. •/? 2 Y l PonlnWw j / ?•'JV M Cero9ed Fee C3 p dy Me 1 C3 ?j?geement pequVadl d Cep (P T(JS 3 ? co n eA4e O ¢ ` $ 1 r WWp 1, Fees U? J_-? JEFFREY L. SNOOK ORRIS C. KNEPP, III KNEPP & SNOOK ATTORNEYS AT LAW 10 SOUTH WAYNE STREET P. O. BOX 551 LEWISTOWN, PA 17044 August 14, 2003 Curt Long, Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: Dear Mr. Long: Sheaffer vs. Sheaffer (717) 247-3787 F (717) 248-8333 I.D. NO.25-1850765 Enclosed please find an original and one (1) copy of Complaint in Divorce, as well as, Affidavit of Non-Military Service. Please file the original and time-stamp the copy and return to me in the enclosed self- addresssed, stamped envelope. Thank you. Very truly yours, K1'`?,,&(?SNOOK A By TARA L. • AGILE Paralegal to Orris C. p, III, Esquire Enclosures C vi!' _ rn r C `- t= <"" -? -- Faye A. Sheaffer, Plaintiff VS. Jeffrey L. Sheaffer, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2003-4035 IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, Faye A. Sheaffer, in the above captioned case. SAIDIS, SHUFF, FLOWER & LINDSAY By: SAIDIS SHUFF, FLOWER & LINDSAY Carol J. Liiid3ay Esgdirt'- Supreme Court I # 44693 26 West High-Street Carlisle, PA 17013 Phone: (717) 243-6222 26 W. High Street Carlisle, PA C) W n G N c- _, Faye A. Sheaffer, Plaintiff v Jeffrey L. Sheaffer, Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania ]Docket No.: 2003-4035 Civil Action - Law in Divorce PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes Petitioner, Faye A. Sheaffer, through her attorney, Saidis, Shuff, Flower & Lindsay and petitions the Court as follows: 1. Petitioner is Faye A. Sheaff'er, the Plaintiff in the above matter. 2. Respondent is Jeffrey L. Sheaffer, the Defendant in the above matter. 3. Petitioner lacks sufficient property to provide for his reasonable needs and is unable to support sufficiently despite his employment. 4. Petitioner requires reasonable support to adequately maintain her during the pendency of this divorce action in accordance with the standard of living established during the marriage. 5. The Respondent is financially able to provide for the reasonable needs of a Petitioner. WHEREFORE, Petitioner prays that this Honorable Court enter an award for SAIDIS SHUFF, FLOWER & LINDSAY A77DRNEYS-AT•LAW 26 W. High Street Carlisle, PA Alimony Pendente Lite during the pendency of this divorce action. Respectfully submitted, SAIDIS, WER & LINDSAY By: Carol J. Linds squire Supreme C.--M # 44693 26 West: High Street Carlisle„ PA 17013 (717) 243-6222 Attorney for Plaintiff VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of I8 Pa. C. S. § 4904, relating to unworn falsification to authorities. Date: 9 _ 9 -0 3? d Faye A. Sheaffer ?- SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Faye A. Sheaffer, In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania V. Docket No.: 2003-4035 Jeffrey L. Sheaffer, Civil Action - Law in Divorce Defendant CERTIFICATE OF SERVICE On this 11L_ day of. , 2003, I, Carol J. Lindsay, Esquire, hereby certify that I served a true and correct copy of the foregoing PETITION FOR SPOUSAL SUPPORT AND/OR ALIMONY PENDENTE LITE via United States Mail, first-class, postage prepaid addressed as follows: Orris C. Knepp, III KNEPP & SNOOK 10 South Wayne Streetr PO Box 551 Lewistown, PA 17044-0551 SAIDIS, SFIUFF, FLOWER & LINDSAY SAIDIS SHUFF, FLOWER & LINDSAY By: 26 W. High Sheet Carlisle, PA wo°trs"u +'Jf{? V !^/111 ?. U J ? Jo In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION FAYE A. SHEAFFER ) Docket Number 03-4035 CIVIL Plaintiff ) vs. ) PACSES Case Number 330105801 JEFFERY L. SHEAFFER ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 21ST DAY OF OCTOBER, 2003 IT IS HEREBY ORDERED that the Q Complaint for Support or Q Petition to Modify or ® Other ALIMONY PENDENTE LITE filed on SEPTEMBER IC, 2003 in the above captioned matter is dismissed without prejudice due to: A SPOUSAL SUPPORT ORDER BEING ESTABLISHED ON OCTOBER 20, 2003 UNDER PACSES #879105665 AND DOCKETED AT NO. 664 S 2003. O The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. DRO: RJ Shadday xC: plaintiff defendant Carol Lindsay, Esquire Orris Knepp, III, Esquire Service Type M BY THE COURT: Edward E., Guido JUDGE Form OE-506 Worker ID 21005 .... i'.. iki ....., ?-? C „ C) ? ? ?! f - ?' ? ?' --? -c f? _ ?.. - ?. ?- ;.? j _ r! «? CU Faye ASheaffer, In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania V. Docket No.: 2003-4035 Jeffrey L. Sheaffer, Civil Action - Law in Divorce PRAECIPE TO THt PROTHONOTARY: withdraw Defendant's Petition for Alimony with Pedente Lite SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff By: Carol J. Lindsay, E ui Supreme Court % 44, 26 West High Street Carlisle, PA 17013 Phone: (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA ?"' _, _', -7 <= <:- r: ?'_ ?,. _,. .;., ,- .%' ( .-• V ... ..7 ., JEFFERY L. SHEAFFER, SR., Plaintiff V. FAYE A. SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-4035 CIVIL TERM ORDER OF COURT AND NOW, this 12`h day of April, 2005, upon consideration of the Motion for Leave To Withdraw Appearance, a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. Orris C. Knepp, III, Esq. ?"' South Wayne Street P.O. Box 551 Lewistown, PA 17044-0551 Attorney for Plaintiff /arol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Defendant effery L. Sheaffer R.R. 1, Box 400 Port Royal, PA 17082 f?1 011 y ? _J :rc BY THE COURT, Il 1'r a L.J Z 12A 5002 Q3;:1 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JEFFERY L. SHEAFFER, Sr. NO. 03-4035 S.S. No. 168-48-4952 Plaintiff VS. IN DIVORCE FAYE A. SHEAFFER S.S. No. 202-46-5816 Defendant MOTION FOR ENTRY OF FINAL ORDER AND NOW, comes ORRIS C. KNEPP, III, Esquire, of Knepp & Snook, who brings the I following Motion for Entry of Final Order in the above-captioned action and in support thereof, avers as follows: 1. On or about April 7, 2005, Orris C. Knepp, III, Esquire, of Knepp and Snook filed a Motion for Leave to Withdraw in the above-captioned action. 2. On or about April 12, 2005, the Honorable J. Wesley Oler, Jr., issued a rule upon Plaintiff and Defendant to show cause why the relief requested in the aforementioned motion should not be granted. 3. Said Rule was returnable within ten (10) days of service. 4. No response was made to the aforementioned Rule by either the Plaintiff or Defendant. 5. Movant, Orris C. Knepp, III, Esquire, is not aware of any reason why the relief requested in the aforementioned motion should not be granted. WHEREFORE, Orris C. Knepp, III, Esquire, and Knepp & Snook, respectfully requests this Honorable Court to issue an Order allowing Orris C. Knepp, III, Esquire, and Knepp & Snook to formally withdraw as counsel for Plaintiff, JEFFERY L. SHEAFFER. KNEPP & SNO By S C. K PP, III Attorney LD. No. 61921 10 South Wayne Street P.O. Box 551 Lewistown, PA 17044-0551 (717) 247-3787 Dated: April 28, 2005 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JEFFERY L. SHEAFFER, Sr. NO. 03-4035 S.S. No. 168-48-4952 Plaintiff VS. IN DIVORCE FAYE A. SHEAFFER S.S. No. 202-46-5816 Defendant CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the above Motion upon all counsel/parties of record by depositing the same in the United States Mail, first class, postage prepaid, at Lewistown, Pennsylvania, on the 28' day of April, 2005, addressed as follows: Jeffery L. Sheaffer R.R. 1 Box 400 Port Royal, PA 17082 Carol J. Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 KNEPP & SNOOK By ORRIS C. EPP, III Attorney I.D. #61921 10 South Wayne Street P. O. Box 551 Lewistown, PA 1 7044-05 5 1 (717) 247-3787 r-> ('7 ? _ ; _:n -? ?L J i I ?? { > 3 i „ 'a t T.-. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA 1 JEFFERY L. SHEAFFER, Sr. NO. 03-4035 RECEIVED MAY 0 4100 S.S. No. 168-48-4952 Plaintiff vs. 'AYE A. SHEAFFER S.S. No. 202-46-5816 Defendant IN DIVORCE ORDER AND NOW, this 14ay of 1u) 1 , 2005, upon consideration of the Motion for Leave to Withdraw Appearance, the lack of any response thereto from Plaintiff or Defendant, and this Court's Rule to Show Cause why the relief requested in said motion should not be granted, IT IS HEREBY ORDERED and DECREED that Orris C. Knepp, III, Esquire, and the law firm of Knepp & Snook shall be permitted to withdraw as counsel for Plaintiff, JEFFERY L. SHEAFFER in the above action. BY THE COURT: ara L. Ebri a?? Grris C. Knepp, III, Esquire /Carol J. Lindsay, Esquire Jeffery L. Sheaffer ,,, ..,, _,?? _'", ,.,' IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JEFFERY L. SHEAFFER, Sr. NO. 03-4035 S.S. No. 168-48-4952 Plaintiff VS. IN DIVORCE 'AYE A. SHEAFFER S.S. No. 202-46-5816 Defendant MOTION FOR ENTRY OF FINAL ORDER AND NOW, comes ORRIS C. KNEPP, III, Esquire, of Knepp & Snook, who brings the following Motion for Entry of Final Order in the above-captioned action and in support thereof, avers as follows: 1. On or about April 7, 2005, Orris C. Knepp, III, Esquire, of Knepp and Snook filed a Motion for Leave to Withdraw in the above-captioned action. 2. On or about April 12, 2005, the Honorable J. Wesley Oler, Jr., issued a rule upon Plaintiff and Defendant to show cause why the relief requested in the aforementioned motion should not be granted. 3. Said Rule was returnable within ten (10) days of service. 4. No response was made to the aforementioned Rule by either the Plaintiff or Defendant. 5. Movant, Orris C. Knepp, III, Esquire, is not aware of any reason why the relief requested in the aforementioned motion should not be granted. WHEREFORE, Orris C. Knepp, III, Esquire, and Knepp & Snook, respectfully requests this Honorable Court to issue an Order allowing Orris C. Knepp, III, Esquire, and Knepp & Snook to formally withdraw as counsel for Plaintiff, JEFFERY L. SHEAFFER. KNEPP & SNO By S C. PP, III Attorney I.D. No. 61921 10 South Wayne Street P.O. Box 551 Lewistown, PA 17044-0551 (717) 247-3787 Dated: April 28, 2005 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA JEFFERY L. SHEAFFER, Sr. NO. 03-4035 S.S. No. 168-48-4952 Plaintiff VS. FAYE A. SHEAFFER S.S. No. 202-46-5816 Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the above Motion upon all counsel/parties of record by depositing the same in the United States Mail, first class, postage prepaid, at Lewistown, Pennsylvania, on the 28' day of April, 2005, addressed as follows: Jeffery L. Sheaffer R.R. 1 Box 400 Port Royal, PA 17082 Carol J. Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 KNEPP & SNOOK j By ORRIS C. PP, III Attorney I.D. #61921 10 South Wayne Street P. O. Box 551 Lewistown, PA 17044-0551 (717) 247-3787 N <j -, `i _ - i A AJ ? }: ? , i N ,.,d /? 1% ??L- IN THE COURT OF COYY-ON PLEAS OF CUMZ ERLAND COUNTY, PMTNSYLVANIA IV 0 _7 Plaintiff VS. 'T5: n/o, 2L Q3 - J40, , doves the court to appoint a master with're ect to the following (Divorce ( ) Annulment ( ?? Alimony ( ) Alimony Pendente Lite { ?:)istribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested. (2) The defendant (has) (has not) appeared in the action (personally) (by his attorney, ,Esquire). (3) The staturory ground(s) for divorce (is) (are) (4) Delete the inapplicable paragraph(s)- (a) The action is not contested. (b) An agreement has been reached, with respect to the following claims: (c) The action is contested with respect to the following claims: (5) The action (involves) (does not involve) complex issues of law or fact. (6) The hearing is expected to take (hours) (days). (7) Additional information, if any. relevant to the motion: By the Court: J AND NOW ,19. Esquire, is appointed master with respect to the following claims: ? ' ? ? _- ? ?U ? ' s, ?"- < c.? ? (r ?.a ? ?? ?: ? ? ? a a e y OeAt-Ll L . ff?x 5,c. Ss NG i Vkel, 5; ? 5z Plaintiff vs. s i?o, 20Z - CURTIS R. LONG Prothonotary Cumberland County One Courthouse Square Carlisle, PA 17013 O3- ?/U3 S" NSf? IN THE COURT OF CON-MON PLEAS OF CUMERLAND COUNTY, PENNSYLVANIA ? X03 NO . C) .3 - 505 Jfl coves the court to appoint OF THE P K-11-` 4 i GARY "° Fllr, 12 Ph 3: 00 l i` Ms. Faye A. Sheaffer 6601 Carlisle Pike Carlisle, PA 17013 A E3 ?IT1iEMPTEDNNOT ODRESI KNOWN [3 OWE OS ? NOT DELIVERAB E1AB ADORESSEO -UNABLE TO FORWARD 'jo 1 !'J i3?B'UJ' 7? FAYE A. SHEAFFER, Plaintiff V. JEFFREY L.SHEAFFER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-4035 IN DIVORCE PETITION TO COMPEL DISCOVERY NOW COMES Plaintiff, Faye A. Sheaffer, by and through her counsel, Carol J. Lindsay, Esquire petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on August 13, 1977 and having separated on July 20, 2003. 2. On August 5, 2005, Defendant, a pro se party, filed a Motion with the Court for the appointment of a Master. 3. On October 11, 2005 Plaintiffs First Request for Production of Documents was served on the Defendant. 4. On November 4, 2005, Plaintiffs Second Request for Production of Documents was served on the Defendant. 5. To date, no response from the Defendant has been received by Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY to her Requests for Production of Documents. 26 W. High Street Carlisle, PA 6. The documents requested are necessary for Plaintiff to properly prepare for the upcoming Master's proceedings. WHEREFORE, Plaintiff requests this Honorable Court issue a Rule upon the Defendant to show cause why he should not produce the documents requested. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY i 8ui? Carol J. Lind Esquire Attorney Id. 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: Counsel for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA CERTIFICATE OF SERVICE I hereby certify that on this _?day of November, 2005, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Jeffrey L. Sheaffer R.R. 1, Box 400 Port Royal, PA 17082 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA -; -, ,-, ` _?; - " -a T _.. ?,, , , ,;, ?? ; ?: SAIDIS SHUFF, FLOWER & LINDSAY ATFORNEYS•AT•LAW 26 W. High Street Carlisle, PA NOV 9, 3 2005 FAYE A. SHEAFFER, Plaintiff V. JEFFREY L. SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-4035 IN DIVORCE ORDER OF COURT AND NOW, this day of _ J D v2005, upon consideration of the within Petition a Rule is issued upon Defendant, Jeffrey L. Sheaffer, to Show Cause why he should not be required to produce the documents requested. Rule returnable 10 days from service hereof. BY THE COURT: FAYE A. SHEAFFER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2003-4035 JEFFREY L. SHEAFFER, Defendant IN DIVORCE PETITION TO COMPEL DISCOVERY AND NOW COMES Plaintiff, Faye A. Sheaffer, by and through her counsel, Carol J. Lindsay, Esquire petitions this Honorable Court as follows: 1. On November 28, 2005, this Honorable Court issued a Rule upon the Respondent, Defendant above, to show cause why he should not be required to provide discovery in the captioned case. 2. The Rule was returnable ten (10) days from the date of service and was served on the Respondent on December 7, 2005. A copy of counsel's transmittal letter is attached hereto as Exhibit °A". A copy of the Rule issued is attached hereto as Exhibit "B". 3. Thirty days have passed and Respondent has failed or refused to provide the discovery ordered or to show cause why he should not so provide it. WHEREFORE, Petitioner prays this Honorable Court to make the Rule absolute and to schedule a hearing to impose sanctions on the Respondent for violation of the Rules of Civil Procedure regarding discovery. Respectfully submitted, SAIDIS, FLOWER & LINDSAY ATf[)gNEVS.AI'.IgN 26 West High Sweet Carlisle, PA SAIDIS, FLOWER 4-CIMDSAY Carol J. Lindsay Attorney Id. f44 3 26 West Hig Stree Carlisle, PA 17013 (717) 243-6222 Dated: (Mw Counsel for Plaintiff EXHIBIT "Al) SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Nnv 9 3 2005 FAYE A. SHEAFFER, Plaintiff V. JEFFREY L. SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-4035 IN DIVORCE ORDER OF COURT AND NOW, this M day of V e , 2005, upon consideration of the within Petition a Rule is issued upon Defendant, Jeffrey L. Sheaffer, to Show Cause why he should not be required to produce the documents requested. Rule returnable A days from service hereof. TRUE CORY Testimony whet' n he se of said. in, ........... l FROM RECORD I here unto set my hand r otrlisle, Pa- o C Pr thonota!,' l BY THE COURT: EXHIBIT "B" LAW OFFICES JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SNUFF JAMES D. FLOWER, JR CAROL J. LINDSAY BRIAN C. CAFFREY GEORGE F. DOUGLAS, III MATTHEW J. ESHELMANt THOMAS E. FLOWER MARYLOU MATAS SUZANNE C. HIXENBAUGH SAIDIS, SNUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 EMAIL: attorney@ssfl-law.com wwW.ssfl-IaW.COm December 7, 2005 Mr. Jeffrey L. Sheaffer R.R. 1, Box 400 Port Royal, PA 17082 Re: Sheaffer v. Sheaffer Dear Mr. Sheaffer: REPLY TO CARLISLE I enclose the Court's Order of November 28, 2005 giving you ten days from the date of this letter in which to provide the documents requested in our Request for Production of Documents. If you fail to produce the documents within the ten days, or to file an Answer to our Petition, I will ask the Court to have you held in contempt of Court. Very truly yours, SAID SHUF , F V Carol J. nds , Esqui CJL/bes Enclosure CAMP HILL OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 teoard Certified Creditors' Rights Repreenterion & LINDSAY cc: Faye A. Sheaffer CERTIFICATE OF SERVICE I hereby certify that on this 61h day of January, 2006, a true and correct copy of the SA DIS, FLOWER & LINDSAY nrmMM-Knuw 26 West High Street Cadisle, PA foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Jeffrey L. Sheaffer R.R. 1, Box 400 Port Royal. PA 17082 ? !'. t L ? ... i'a" T ' t.'.: {f t ?._ ?. .. 1 1 FAYE A. SHEAFFER : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW JEFFREY L. SHEAFFER, : Defendant : No. 2003-4035 IN RE: PLAINTIFF'S PETITION TO COMPEL DISCOVERY BEFORE OLER, J. ORDER OF COURT AND NOW, this 17th day of January, 2006, upon consideration of Plaintiffs Petition To Compel Discovery, filed January 9, 2006, the Rule issued on November 28, 2005, is made absolute and Defendant is directed to produce to Plaintiff's counsel the documents sought in her Request for Production of Documents, within 20 days of the date of this order. BY THE COURT, h . Wesley r, Jr., . Carol J. Lindsay, Esq. Saidis, Shuff, Flower & Lindsay 26 West High Street Attorney for Plaintiff Jeffrey L. Sheaffer R.R. 1, Box 400 Port Royal, PA 17082 Defendant, pro Se r it _ EDWARD J. MIMNAGH, ESQUIRE Attorney I.D. No. 87860 203 West Caracas Avenue Hershey, Pennsylvania 17033 Telephone No. (717) 534-2600 Attorney for Defendant Jeffrey L. Shaeffer FAYE A. SHEAFFER, Plaintiff V. JEFFREY L. SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-4035 CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO PROTHONOTARY: Kindly enter my appearance on behalf of JEFFREY L. SHEAFFER, the Defendant, in the above-captioned matter. LAW Date: L 5 za?c. By: ESQUIRE Attorney 1 b. No. 203 West Caracas Avenue Hershey, Pennsylvania 17033 Telephone: (717) 534-2600 Attorney for Defendant FAYE A. SHEAFFER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-4035 JEFFREY L. SHEAFFER, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, EDWARD J. MIMNAGH, ESQUIRE, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing Praecipe for Entry of Appearance by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Carol J. Lindsay, Esquire Saidis Flower & Lindsay 26 West High Street Carlisle, Pennsylvania 17013 LAW OFFICES OF Date: February 15, 2006 By: k -It 7 EDWARD J.MNAPH, ESQUIRE Attorney I.D. o. 87860 203 West Caracas Avenue Hershey, Pennsylvania 17033 Telephone: 717} 534-2600 Attorney for Defendant Jeffrey L. Sheaffer C? ? ? ^1 FAYE A. SHEAFFER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2003-4035 JEFFREY L. SHEAFFER, Defendant IN DIVORCE PETITION FOR ECONOMIC RELIEF AND NOW COMES Plaintiff, Faye A. Sheaffer, by and through her counsel, Saidis, Flower & Lindsay and states as follows: 1. Petitioner is without income sufficient to provide for her reasonable needs. 2. Petitioner is without means to pay for her counsel fees, both reasonably incurred and incurred in response to Defendant's refusal to provide discovery. WHEREFORE, Petitioner prays this Honorable Court to enter an Order of alimony in an amount sufficient to provide for Plaintiffs reasonable needs and for attorney's fees and costs. Respectfully submitted, SAIDIS, LINDDSS" 26 Weal High Street Carlisle, PA Dated: 5- 3 - 0 G SAIDIS, FLOWER & LINDSAY Attorney Id. 4/4693,, 26 West Hig e Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Faye She er SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE I hereby certify that on this ,/A- day of May, 2006, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Edward L. Mimnaugh, Esquire 203 West Caracas Avenue Hershey, PA 17033 SAIDIS, SHUFF, FLOWER & LINDSAY Supreme CourtNo 44693 26 West High Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY 26 Wwt High Street Carlisle, PA C1 <" =s C . C "? {j 11? ? UJ <? •'J . ? ' ' t ` . .? ? JEFFREY L. SHEAFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 03 - 4035 CIVIL FAYE A. SHEAFFER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 18, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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 AUTHORTIES. DATE: L. S EA d ?? rG? ?, C"? ? JEFFREY L. SHEAFFER, Plaintiff VS. FAYE A. SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03 - 4035 CIVIL : IN DIVORCE WAVER OF NOTICE OF INTENTION TO REQI M ENTRY OF A DIVORCE DISC= UND SECTION 33011CI OF TEE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I 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. 3. I 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. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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 AUTHORTIES. ?-6- ®7 DATE: /1? -o?- J" SN, L. SHEAF C C' .. O s e A Ln T JEFFREY L. SHEAFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 03 - 4035 CIVIL FAYE A. SHEAFFER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 18, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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 AUTHORTIES. y' --6 ti - ALiL3,10? DATE: FAYE A. HEAFFER WL/ ?,_ ??' ? ? t ? .?.?, tX? ..- JEFFREY L. SHEAFFER, Plaintiff VS. FAYE A. SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03 - 4035 CIVIL : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I 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. 3. I 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. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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 AUTHORTIES. !3 _6-0: Z DATE: FAYE A. HEAFFER a [? ?'r ? ? ? ['' ? ?+". ?r w ^? JEFFREY L. SHEAFFER, SR., Plaintiff vs. FAYE A. SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 4035 CIVIL IN DIVORCE NOTICE OF FILING OF MASTER'S REPORT The report of the Master has been filed this date and copies have been sent with this notice to counsel of record and the parties. In accordance with P.R.C.P. 1920.55 within ten (10) days after the mailing of this notice and report exceptions may be filed to the report by any party. If no exceptions are filed within the ten (10) day period, the Court shall receive the report, and if approved, shall enter a final decree in accordance with the recommendations contained in the report. S;1441t?--g Date: 11/27/07 E. Robert Elicker, II Divorce Master NOTE: If exceptions are filed, file the original with the Prothonotary and a copy with the Master's office. At that time, the party filing the exceptions should notify the court reporter in the Master's office so arrangements can be made for a transcript. Upon completion of the transcript and receipt of payment, the entire file will be returned to the Prothonotary's office for transmittal to the Court at time of argument on the exceptions. If no exceptions are filed, counsel shall prepare an order of Court consistent with the recommendations and provide a proposed order of Court to the Master. Counsel shall also prepare and provide with the proposed order of Court a praecipe* to the a Prothonotary directing the Prothonotary to submit the case to the Court for final disposition. The Master will then transfer the file with the proposed order of Court and praecipe to the Prothonotary's Office for docketing and transmittal by the Prothonotary to the Court. * Form available in the Prothonotary's office and the Master's office. (NOT the praecipe to transmit the record form as set out in P.R.C.P. 1920.73(b).) i ? c") _ ? -'3 ? ?_ T, ?'t,Z ?,1' t?- ?_Y `' ; -- -4 ?; ;?: "'. .:_, s ?, .: __ `- JEFFREY L. SHEAFFER, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 03 - 4035 CIVIL FAYE A. SHEAFFER, Defendant IN DIVORCE MASTER'S REPORT Proceedings held before E. Robert Elicker, II, Divorce Master 9 North Hanover Street, Carlisle, PA 17013 proceedings held on September 6, 2007 commencing at 9:00 a.m. APPEARANCES: Edward J. Mimnagh Attorney for Plaintiff Carol J. Lindsay Attorney for Defendant 0 *1 PROCEDURAL HISTORY This action was commenced by the filing of a complaint in divorce on August 18, 2003, raising grounds for divorce of irretrievable breakdown of the marriage and a claim for equitable distribution. On May 3, 2006, the Defendant (incorrectly identified as the Plaintiff in the petition) filed a claim for economic relief raising claims on her behalf of alimony and counsel fees and costs. Wife has withdrawn her claim for alimony and counsel fees, leaving for the Master's consideration the claims of equitable distribution and costs. (See Stipulations entered on the record on September 6, 2007.) Both parties have signed affidavits of consent and waiver of notice of intention to request entry of divorce decree dated September 6, 2007. Those affidavits and waivers were filed with the Prothonotary on September 7, 2007. The divorce can, therefore, conclude under Section 3301(c) of the Domestic Relations Code. The Master was appointed on August 9, 2005, which initiated the Master's request for discovery certifications and ultimately the directive for filing pretrial statements. Numerous conferences with counsel and counsel and the parties were held throughout the course of the proceedings. Hearings were scheduled and continued until September 6, 2007. After the hearing on that date, the Master requested counsel do some mathematical computations regarding suggested percentage of distribution on the marital assets. Conferences were scheduled to review the mathematical component of the case with counsel. The first conference was not attended by the Plaintiff's counsel; therefore, a second conference was scheduled and held on October 19, 2007. At that time, husband was asked to sign an insurance check reimbursing wife for damages to the marital • • property; the check had been issued and then reissued because it was stale but husband refused to cooperate and sign the check. Counsel for wife indicated that she was going to seek the Court's relief to have the check signed by husband for reimbursement to wife of costs which she has paid to repair the marital home. The Master has finally determined that the case is ready for his report and recommendations on the issues of equitable distribution and costs. Wife has consciously not pursued her claim for counsel fees but continues to assert a claim for assistance with the cost of actuarial computations and actuarial assistance in reviewing issues involving husband's pension and the Veteran's Administration waiver and appraisal fees for the real estate. The report and recommendations of the Master follow herein. STIPULATIONS The parties and counsel placed on the record on September 6, 2007, a document which has been transcribed and titled "STIPULATIONS." The document is part of the record in the proceedings and is incorporated herein by reference. The parties entered on the record a Joint Exhibit No. 1 which sets forth the stipulations as to assets and values. It is noted that the parties did not agree to the value of the real estate at 6601 Carlisle Pike, Mechanicsburg, Pennsylvania. Also, the time- share Fairfield Resorts property has been returned and is not part of the distribution. Otherwise, the items noted under vehicles and bank accounts, Compass Group USA stock and Met Life policies have been stipulated to as to value. Specifically, the pension of 2 • • husband has been stipulated to as to value but the pension is in pay status and husband receives a monthly net payment from the pension of $1,112.07. FINDINGS OF FACT 1. The parties were married on August 13, 1977, and separated July 2003. 2. The marriage is the first for both parties. There are three children of the marriage, one minor child and two emancipated children. The minor child lives with wife as well as one of the emancipated sons. Wife indicated that he is looking toward getting his own residence in the near future. 3. Husband is 50 years of age and resides at Royal Route 1, Port Royal, Pennsylvania. He is retired from the United States military as of September 30, 1997. The net monthly amount he receives from the pension is $1,112.07. Husband also receives a payment as disability compensation ("VA waiver") in the amount of $775.00 per month which is not taxable. Husband is employed as an electrician with Frog and Switch in Carlisle, Pennsylvania, and has net earnings monthly from that position and his pension and VA waiver in excess of $4,000.00 per month. It is difficult to precisely indicate husband's income monthly because of the variable overtime payments that he receives from Frog and Switch. However, since wife has waived her claim for alimony, it is not necessarily important that we are specific with husband's income in a net monthly amount. The important consideration in terms of the factors relating to equitable distribution is that his net monthly income is more than twice wife's net monthly income. 4. Wife is 50 years of age and resides at 6601 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. Wife is employed by Ross Distribution in the food service division. Her net income is around $1,600.00 per month.' 5. Husband currently pays to wife for spousal support the sum of $428.50 per month and $714.27 per month for child support for the minor daughter living with wife. The daughter will graduate from high school in June 2008. 6. Neither party has raised any health issues which affect their ability to pursue their current employment. ' Plaintiff's Exhibit No. 1 and Defendant's Exhibit No. 7 show the substantial difference in income between the parties. These exhibits are the individual income tax returns for each of the parties for 2006. Wife's Line 7 wages are $19,289.00; husband's Line 7 wages are $49,016.00. 0 0 7. Neither of the parties has any education beyond high school although husband did receive training while he was in the military relating to various responsibilities he was assigned during his time of service. However, neither party has any degrees beyond the high school level. 8. Husband gets a monthly payment as a result of a VA waiver in the amount of $775.00 which is nontaxable. The value of the VA waiver, which is a non- marital asset based on a U.S. Supreme Court ruling, which will be discussed more fully in the report, has a value of $212,449.00. The payment received from this waiver is in addition to the pension. Both the pension and the VA waiver benefits were earned by husband as a result of his service in the military during the time that the parties were married and living together. 9. Based on the appraisal of the marital home in March 2007, the Master finds that the report of the appraiser is credible and sets the value of the home at $124,000.00. The home is subject to two mortgages and the net value for purposes of distribution is $41,955.00. 10. Excluding the pension, the total value of marital assets distributed to wife in Joint Exhibit No. 1 is $61,627.89. Excluding the pension, the total value of marital assets distributed to husband in Joint Exhibit No. 1 is $9,583.14. 11. No objection has been made by either party in these proceedings to the method and adequacy of service of any of the pleadings in the divorce action nor has either party or counsel objected to the jurisdiction of this Court to act in these proceedings. CONCLUSION OF LAW The grounds for divorce are irretrievable breakdown of the marriage. Both parties signed affidavits of consent and waivers of notice of intention to request entry of divorce decree on September 6, 2007. The affidavits and waivers were filed with the Prothonotary's office on September 7, 2007. The divorce, therefore, can be concluded under Section 3301(c) of the Domestic Relations Code. 4 ANALYSIS OF THE FACTORS AS SET FORTH IN SECTION 3502(a) OF THE DOMESTIC RELATIONS CODE 1. The parties were married and living together for twenty-seven years. They have lived separate and apart for over four years. 2. Neither party has been married previously. 3. Both parties are 50 years of age and do not have any health issues which affect their ability to engage in their current employment. Their incomes derive from their earnings at their employment; husband has income from his military pension and the VA waiver in addition to his employment earnings. The VA waiver, which is not subject to equitable distribution, has a value of $212,449.00. 4. Neither party has contributed to the education, training or increased earning power of the other party. 5. The opportunity for future acquisitions that either party may have would be from income and benefits provided through their employment. Wife has no retirement income available to her and is, therefore, dependent on sharing in husband's retirement and military benefits earned during the course of the marriage. 6. The source of income of both parties is their employment and benefits attributed to that employment; as noted previously, husband does have benefits arising from his retirement from the United States military. 7. Both parties have contributed to the acquisition of the marital estate. Wife has moved numerous times as a result of husband's military service and has not had an opportunity during her lifetime to obtain a position allowing her to accumulate long-term benefits. Wife has contributed throughout the marriage as a homemaker and has had a substantial part in raising the parties' three children. 8. The value of any property set aside to each party will be what they receive in the distribution of the marital assets. Husband, however, does receive a benefit as a result of a monthly payment from the VA waiver which is an asset of husband, not subject to distribution. 9. The standard of living of the parties was modest. 10, 10(1) and 10(2). No testimony has been offered nor has the Master considered any federal, state, and local tax ramifications associated with the assets except to note that 5 0 0 net values are used with respect to husband's military pension. The VA waiver payment to husband is non-taxable. No sale expenses of any assets have been included. With respect to the real estate, wife intends to stay in that property and so the Master has not taken into account any expenses involved in sale or transfer or liquidation of the asset. 11. Wife is serving as the custodian of a dependent minor child who will be graduating from high school in June 2008. DISCUSSION EQUITABLE DISTRIBUTION Based on the stipulations of the parties and counsel, the facts found by the Master, and the analysis of the factors under Section 3502(a) of the Domestic Relations Code, the Master believes that the distribution of the assets, with the exclusion of husband's military pension, as shown on Joint Exhibit No. 1 should be 40% to husband and 60% to wife. Consequently, of the assets shown on Joint Exhibit No. 1 which are subject to the 40/60% distribution, husband is to receive a value of $28,484.41 and wife will receive a value of $ 42,726.62. The value of the distribution of the assets on Joint Exhibit No. 1 is considered in the computation of the monthly benefit wife is to receive from the military pension and the direct payment from husband to wife to effect the distribution as recommended. As referred to in the course of this report, husband has a military pension which pays him $1,112.07 per month. Wife is not entitled to receive from the military disbursement more than 50% of the distribution so she would be entitled to have a specific payment from the military in the amount of $556.00. However, the Master is recommending 70% of husband's military pension payment be paid to wife. In addition, 6 0 0 the amount of the payment also takes into account the distribution of assets on Joint Exhibit No. 1. The total monthly payment from the pension, therefore, will be $722.85. Payment of the pension amount that wife is to receive will have to be supplemented by a direct payment from husband for the amount not able to be deducted and paid to wife from the retirement by the military. Since wife is only entitled to receive 50% monthly from the military as her benefit through the distribution, the husband will have to make up the difference through a direct payment to wife pursuant to a Court order in the amount of $166.85.2 The stipulation which was entered by the parties on the record on September 6, 2007, states the issue with respect to the VA waiver which has a value of $212,449.00. Although this benefit was earned during the marriage, it cannot be distributed as part of husband's pension and is not subject to equitable distribution. The Master is going to quote from the memorandum written by wife's attorney setting forth the specific issue and case law. As the quoted portion of wife's memo concludes, the United States Congress has failed to pass corrective legislation to effect a change in this inequity created by the Supreme Court decision. A description of the military retirement benefit is in order. When a soldier retires from the military and receives a pension, a portion of the pension may be waived in favor of a veteran's benefit if the soldier is found to be disabled in some manner. Unlike civilian disability which implies an inability to work, military disability is granted often where, as in the case at bar, the retired soldier maintains full time employment. However, it is in the soldier's interest to have some of his pension benefits deferred to VA disability benefit because those latter benefits are not taxed, the former soldier receives the right to receive treatment in a VA hospital for the disability and the disabled veteran is entitled to educational assistance. Attached to this memorandum is the case of Hayward v. Hayward, 2005 Pa. Super 44, 868 A.2d 554 (2005), which is instructive in this regard. See page 6, footnote 4. Military pensions are divisible in equitable distribution pursuant to the Uniformed Services Former Spouses' Protection Act. In the case of Mansell v. Mansell, 490 U.S. 581, 5109 S. 2 See computations on the attached exhibit made part of this report. Note the payment will change in 2008 and thereafter. See attached chart. • • Ct. 2023, 104 L. Ed. 2d 675 (1989), the Supreme Court of the United States interpreted the statute to hold that disposable retired pay could be distributed by state courts. "Disposable" was defined as that amount left after deduction of certain amounts including veterans' disability benefits. Writing for the majority, Justice Marshall stated: In order to prevent double dipping, a military retiree may receive disability benefits only to the extent he waives a corresponding amount of his military retirement pay (citation omitted). Because disability benefits are extempt from Federal, state and local taxation, under §3101, military retirees who receive their retirement pay in favor of disability benefits decrease their after tax income. Not surprisingly, waivers of retirement pay are common. Id., 109 S. Ct. at 5834. The Former Spouses' Protection Act also provided a mechanism for the Federal government to make payments from pensions, directly to former spouses, but no payments that exceeded 50% of disposable retired or retainer pay. The retiree may be ordered to pay more than 50% of his disposable retired pay, but the military will only directly distribute 50%. Any amount over and above that has to be paid in a different manner. Because state courts are not empowered to divide anything but disposable retired pay, military spouses who, as in the case at bar, have spent twenty years or more following the soldier from posting to posting and subordinating his or her career to that of the soldier, are not able to access a full share of a pension when a VA disability has been granted. Justice O'Connor stated in her dissent in Mansell, "to read the statute as permitting a military retiree to pocket 30%, 50% and even 80% of gross retirement pay by converting it into disability benefits and thereby to avoid his obligation under state community property law, however, is to distort beyond recognition and to thwart the main purpose of the statute, which is to recognize the sacrifices made by military spouses and to protect their economic security in the face of divorce." Mansell, 490 U.S. at 682. As the Court in Hayward, supra., noted, the Mansell court, recognizing the harsh effect of its ruling, invited the Congress to pass new legislation benefiting former spouses, but Congress has not yet done so. The Master believes that economic justice needs to be served by allowing wife a larger portion of husband's military pension which is subject to distribution. The very large VA waiver benefit, which is not subject to distribution, was earned during wife's marriage to husband, and the Master believes that this large non-marital, earned during the marriage, benefit should be considered in providing wife economic justice with respect to the distribution of the marital estate which is subject to the distribution by the Pennsylvania Court. Therefore, the Master has determined that wife shall receive, in addition to the 50% payment directly from the military from husband's military 8 0 0 retirement pay, the sum of $166.85 to be paid by husband to wife pursuant to a Court order. This amount will take into account an additional payment to wife, from the military pension, over and above the 50% which can be paid directly to her and also in consideration of the substantial value of the VA waiver, which is not subject to equitable distribution. The computation of the payment has also taken into account the distribution of the marital estate less the pension on Joint Exhibit No. 1. giving wife 60% and husband 40% of the assets. RECOMMENDATION EQUITABLE DISTRIBUTION Wife shall receive all those assets listed under her name on Joint Exhibit No. 1 and husband shall receive all those items listed under his name on Joint Exhibit No. 1 subject to the following adjustments for the values of those items: a. Husband will receive 40% of the value of all items other than his military pension and wife will receive 60% of all such value. Those items total $71,211.00 in value. Therefore, in order to provide a 60/40 distribution, Wife should receive value of $42,728.00 and husband should receive value of $28,483.00. However, wife retains in kind assets valued at $61,628.00 and husband retains in kind assets valued at $9,583.00. Therefore, in order to cause a 60/40 distribution as set out herein, wife's share of the military pension shall be reduced by $18,900.00. ($61,628.00 - $42,728.00) b. Husband's military pension shall be divided so that wife receives 70% of the pension and husband receives 30% of the pension. The pension is valued at $362,472.00 and wife's 70% share is valued at $253,730.00. However, applying the 9 0 0 credit which wife owes husband pursuant to subheading (a) above, wife's interest in the pension is calculated at $234,830.00 or 65% of the pension's value. Because the Defense Finance Accounting Service (DFAS) will only distribute 50% of the disposable retired pay to wife directly, husband shall pay to her the undistributed 15% by making direct monthly payments to her by the tenth day of each month, commencing the month after the Decree in Divorce is entered. Further, until DFAS directly pays wife one-half of the disposable retired pay each month, commencing the month after the Decree in Divorce is entered, husband shall pay to her 65% of his disposable retired pay by the tenth day of each month. For 2007, the payment due wife by husband shall total $722.85 per month (65% of $1,112.07). Commencing January 10, 2008, the payment will be $836.19 per month until such time as a DRO can be entered and the 50% payment directly from DFAS commences and husband's direct payment of 15% of disposable retired pay commences. Wife shall be entitled to receive the cost of living adjustment each year on her 65% share of the pension. Because of the complexity in calculating the amounts owed given phasing out of the VA waiver pursuant to Federal law, Jonathan Cramer or Harry Leister of Conrad Seigel Actuaries, or their designees, shall prepare a military Domestic Relations Order to effect the division of the pension. Mr. Cramer or Mr. Leister is also ordered to compute the amount of husband's direct payment to wife of that portion of her entitlement to the pension which will not be directly paid to her by DFAS. Conrad Seigel Actuaries shall provide, by December 15 of each year, any change to that amount paid directly by husband to wife on account of the pension distribution and to provide the 10 0 0 amount of that payment to both parties who are ordered and directed to keep Conrad Seigel Actuaries advised of their mailing addresses. DISCUSSION AND RECOMMENDATION COSTS In order to effectuate a resolution in this case, a real estate appraisal and actuarial services had to be employed. Both parties received the benefit of these services, although the experts were employed by wife. Based on husband's superior earnings, the need by wife for assistance with these costs and the benefit derived to be able to reach a recommendation to resolve this case, the Master recommends that the costs be divided equally. Therefore, the recommendation is as follows: The cost for all of the actuarial work required in this case shall be borne equally by the parties. Within 90 days of the date of the Decree in Divorce, husband will reimburse wife for his share of any expenses for actuarial services which she has expended. Within 30 days thereafter of receipt of any statement from Conrad Seigel Actuaries, husband will promptly pay his share of that statement. In the event that husband fails to make any payment on account of actuarial services or amounts due and owing to wife pursuant to this Order, and wife seeks enforcement in Court, wife shall be entitled to counsel fees from husband. Upon presentation to husband of a statement from Steven W. Barrett Real Estate and Appraisal Services, husband will reimburse wife for one-half the costs of the 11 • ?J appraisal of 6601 Carlisle Pike, Mechanicsburg, Pennsylvania 17050 within ten days. Respectfully submitted, E. Robert Elicker, II Divorce Master 12 0 0 EXHIBIT CALCULATIONS 1. Facts: Joint Exhibit 1 Marital Estate Totals $433,683.00 Defendant's Ex. 11 Of that Pension is Worth 362,472.00 Defendant's Ex. 11 Nonmarital Asset - VA Waiver valued at 212,449.00 Joint Exhibit 1 Wife retains asset with value of 61,627.00 Defendant Ex. 11 From military husband receives monthly: and Plaintiff's Ex. 3 A. $775.00 (2006) + COLA - VA Waiver B. $1,112.07 (2007) + COLA - disposable re tired pay Plaintiff's Ex. 3 Husband's gross wages - monthly 4,769.12 Defendant's Ex. 6 Wife's gross wages - monthly 1,855.00 II. Wife receives 70% of Pension and 60% of the Balance of the Marital Estate Value of Non-Pension Assets $71,211.00 Husband retains in kind 9,583.00 Wife retains in kind 61,628.00 To wife 60% of non-pension assets 42,728.00 To husband 40% of non-pension assets 28,483.00 Wife receives in kind 61,628.00 - Value of wife's 60% interest 42,728.00 Wife's overpayment of her 60% share 18,900.00 Value of Pension $362,472.00 Wife's 70% share 253,730.00 Less credit on balance of marital estate 18,900.00 $234,830.00 Wife's share as percentage of pension value 0 0 234,830 = 65% of pension 362,472 Husband's 2007 monthly disposable retired pay 1,112.07 x .65 722.85 Husband's 2008 monthly disposable retired pay as estimated by actuary 1,286.44 .65 836.19 2007 DFAS only contributes 50% of disposable retired pay 1,112.07 x 50%= 556.04 Husband makes up shortfall payable by direct payment To wife 166.82 2008 DFAS only contributes 50% of disposable retired pay 1,286.44 x 50% = 643.22 Husband makes up shortfall payable by direct payment To wife 192.97 III. Asset distribution Wife: Marital 296,458 Husband: Marital 137,225 Nonmarital (VA Waiver) 212,449 Total assets earned during marriage 349,674 IV. Income distribution Husband: Gross Income Wages $4,769.12 taxed VA 775.00 untaxed ($1112.07 x 35%) Pension 389.22 taxed $5,933.34 Wife: Gross Income Wages Pension 556.04 taxed Equitable Reimbursement $1,855.00 taxed 166.82 untaxed $2,577.86 0 g N Q J V i .0 O A Q ? A m s a d Q? W) W 0 -? d op. O d A V ? • r OC+? d co 04 4 aj NN Nr-Cc NCO 0)Nw O r N cn qr w Ln to t(? GO ca v. W. c 4 4 3 $$$$$$0800 w 0enr, cc cm co cl), y ' Q N 1nf?oNmrIl-= 14 > eo co m ao eA m cs cm o 0 In T. 47 CN ?C?NcDI`rCANco z C7Ql1??N_<ApCaNaLm tD a CV)" Vv tAtLn0t~CJtOt1? N N d ?a NNW40 C4Wlt D D m •-- !? N teY In O N ?o C CD cc c, r4 Cif q- co wrNN N NMMM MC7 f31 '', QN?-tn Q.AOOt5C V?pNCcQNV f?00? p Cc CO) Qv Cl) ?I*- N 0 1 r !' E to +' f? 1? O ODD Op0 Q? O! o ae cc eoru'tr(.Q1r.wOD Z CCc"!M ?©rN0Nr 0 CN 0; f... In w C5 In H -W to to C" C%4 In cm ?p = ? t70 CA 0 0 a.NQ,f.o,o,oao F- Cogcrao*coc C)c;vo Z GrN! tL9CDc0 nP't a.- T T rrrrr?.- N C'7 iDw r L?? ?-OOO r??-too00 10 ..O In r7 ryQp pjr?jpc?000 Ic cc YCp N? cOOCOOOOOv o o c v 0 0 0 0 0 0 Cr?Nw06cncftco 111 .A I? QmNCa0eQ1c'1wc?1m I` 'vl?ev0?DCacOr. C. fl Irn a w ?.. r. r- r- r r r ? ?` iti p?NMd ?Cc r r r m p c 9- 0 0 0 0 0 0 0 4 0 ?! CV N N N C-4 CV N N r N 0 H t0 m t IE G 7 Q v is i C C 0 N A t? r 0 fr C c s Q w C 3 V c a>' H C 41 n ca C g N ? C ? coo cc L } K O S w a m co r m O C W ° p Cc A ro 3 C L U co ev y, c E cv b- 'co m > CAP? Q N • 3 O w cn b ? oA c 5 c?.., ? O CZ ? U cz cn CJ C'n OC LIZ U Q ct a? ? ? O U U czs b -- ? O U ?? ??? _ y? -'r ,?.? ,?A i .. ?. ...t ?... ?? - . C .+J "",? 40 Joanne Harrison Clough, Esquir Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Facsimile: (717) 737-5892 Attorney for Plaintiff JEFFERY L. SHEAFFER, SR., Plaintiff V. FAYE A. SHEAFFER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4035 : CIVIL ACTION -LAW : IN DIVORCE REQUEST FOR TRANSCRIPT TO TRACY COLYER, COURT REPORTER, OFFICE OF DIVORCE MASTER, 9 NORTH HANOVER STREET, CARLISLE, PA 17013 Please be advised that Plaintiff Jeffery L. Sheaffer, Sr. has filed Exceptions to the Divorce Master's Report and Recommendation issued on November 27, 2007 on December 6, 2007 and requests a formal transcript of all proceedings before the Divorce Master be prepared and filed with the Court. Respectfully Submitted by, JOANNE HARRISON CLOUGH, ESQUIRE Date: - n Joanne Harrison Clou Attorney ID No. 3646 3920 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff 0 Joanne Harrison Clough, Esquir Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Facsimile: (717) 737-5892 JEFFREY L. SHEAFFER, SR., Plaintiff V. FAYE A. SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4035 : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date, I served a copy of the foregoing by Hand Delivery to the following individuals set forth below: Carol J. Lindsay, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Divorce Master E. Robert Elicker, II., 9 North Hanover Street Carlisle, PA 17113 Date: `2 - 2 L - 0-1 Joanne Harrison Clough, Attorney ID No. 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff T Aa l ` cx? =-c Joanne Harrison Clough, Esquir Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Facsimile: (717) 737-5892 Attorney for Plaintiff JEFFERY L. SHEAFFER, SR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. FAYE A. SHEAFFER, Defendant : NO. 03-4035 : CIVIL ACTION -LAW : IN DIVORCE PLAINTIFF JEFFERY L. SHEAFFER.SR'S EXCEPTIONS TO THE REPORT OF DIVORCE MASTER AND NOW, this 6t' day of December, 2007, comes the Plaintiff Jeffery L. Sheaffer Sr. and files the following Exceptions to the Report of the Divorce Master, E. Robert Elicker II, issued November 27, 2007, as follows: The Divorce Master erred in recommending Wife receive 70% of the non disability portion of Husband's military pension and that Husband retain only 30% of his non disability portion of his military pension. 2. The Divorce Master erred in failing to acknowledge that the disability portion (non marital) of Husband's retirement can be re-evaluated and reduced at any time by the Veterans Administration causing a corresponding increase in the disposable retirement portion (marital)of Husband's pension. 3. The Master erred in failing to consider or calculate the effect of Husband's future retirement from his civilian employment in his recommendation and report. 4. The Master erred in failing to consider that Plaintiff is not eligible for Social Security when he retires from civilian employment since he receives military retirement pay. 5. The Divorce Master erred in determining the present value of Husband's non marital disability portion of his retirement benefits to be $ 212,000.00 when the Veterans Administration by law can re-evaluate Plaintiff Husband's disability status at any time and decrease the disability (non marital) portion of Husband's retirement causing a corresponding increase in the disposable retirement portion of his benefits. 6. The Divorce Master erred by failing to provide for a mechanism to adjust the percentage awarded to Wife of the disposable portion (marital) of Husband's military retirement in proportion to any future decreases in the percentage of Husband's disability portion (non marital) of his military retirement benefits. 7. The Divorce Master erred when he recommended Wife receive 70% of Husband's disposable retirement and stated he based this award on the fact Husband is retaining the disability portion of Husband's military pension and assuming that the Husband will continue to receive the same percentage disability award throughout the future payout of his military retirement/disability benefits. 8. The Divorce Master erred by recommending that Wife receive 70% of Husband's disposable military retirement pay without any requirement for adjustment or recalculation if the percentage of Husband's disability pay (non marital) is decreased which percent decrease would cause the same percentage increase to the dollar amount of Husband's monthly disposable retirement (marital) pay. 9. The Divorce Master erred in the recommendation that annual calculations need to be made each year and how said calculations should be made to effect the percentage distribution of Husband's retirement pay to Wife. 10. The Divorce Master erred in failing to properly consider the effect of the phasing out of Husband's VA Waiver in future years. 11. The Divorce Master erred by trying to circumvent the law and in essence awarded Wife part of Husband's non marital disability pay by inflating Wife's percentage award of the marital portion of his military retirement. 12. The Divorce Master erred in directing that Plaintiff reimburse Wife for 50% of all actuarial services she incurred in this Divorce Action. 13. The Divorce Master erred in recommending that Plaintiff pay 50% of any additional actuarial services needed after the issuance of the final Decree in Divorce. 14. The Divorce Master erred in failing to note that Husband's retirement was in pay status prior to the parties' separation and the parties did not select a survivor option. 15. The Divorce Master erred in failing to determine that Wife's percentage distribution of Husband's disposable pension shall terminate if Wife predeceases Husband. 16. The Plaintiff files an additional Exception preserving the right to challenge any factual findings, omissions and references to Stipulations by the Master in the Master's Report and Recommendation of November 27, 2007, because his former attorney, Edward Mimnagh, was suspended from the practice of law on November 27, 2007, and to date has not turned over the file and documents associated with this case to Plaintiff or his new counsel, and no transcript of the proceedings is available for review by Plaintiff. 17. Plaintiff specifically reserves the right to file additional Exceptions within ten days of the date the transcript of the Divorce Master's hearing has been prepared and filed, since Plaintiffs new counsel has absolutely no knowledge or access to any of the information presented at trial in this matter. Respectfully submitted, Date: ( -- _ / ' Joanne Harrison Clough, Attorney ID No.: 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff Jeffrey L. Sheaffer, Sr. JOANNE HARRISON CLOUGH, PC VERIFICATION I, Jeffrey L. Sheaffer, Sr., verify that the statements made in the foregoing Exceptions 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. Section 4904, relating to unsworn falsification to authorities. Date: tee L. Sheaffer, r. r Joanne Harrison Clough, Esquir Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Facsimile: (717) 737-5892 JEFFREY L. SHEAFFER, SR., Plaintiff V. FAYE A. SHEAFFER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4035 : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date, I served a copy of the foregoing by Hand Delivery to the following individuals set forth below: Carol J. Lindsay, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Divorce Master E. Robert Elicker, II., 9 North Hanover Street Carlisle, PA 17113 Date: u- ?-01 Joanrle Harrison Cloul Attorney ID No. 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff ?? ?.:a - '7 ` - - x# ! r ? C"'? .. f 1 ? ? ! `": '. .. ? r ? i. - `?) M1^ f _ ? ?. JEFFREY L. SHEAFFER, SR., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. FAYE A. SHEAFFER, DEFENDANT 03-4035 CIVIL TERM IN RE: EXCEPTIONS OF HUSBAND TO DIVORCE MASTER'S REPORT BEFORE BAYLEY, J. ORDER OF COURT AND NOW, this day of February, 2008, concurrent with the entry of a decree in divorce, the following economic order is entered: 1. Faye A. Sheaffer shall receive all those assets listed under her name on Joint Exhibit No. 1, a copy of which is attached hereto, and Jeffrey L. Sheaffer, Sr., shall receive all those items listed under his name on Joint Exhibit No. 1, subject to the following adjustments for the values of those items: 2. Jeffrey L. Sheaffer, Sr. shall receive 40% of the value of all items other than his military pension, and Faye A. Sheaffer shall receive 60% of all such value. Those items total $71,211.00; therefore, Faye A. Sheaffer shall receive value of $42,728.00 and Jeffrey L. Sheaffer, Sr. shall receive value of $28,483.00. However Faye A. Sheaffer retains in kind assets valued at $61,628.00 and Jeffrey L. Sheaffer, Sr., retains in kind assets valued at $9,583.00. Therefore, Faye A. Sheaffer's share of Jeffrey L. Sheaffer, Sr.'s military pension shall be reduced by $18,900.00. ($61,628.00 - $42,728.00). 3. Jeffrey L. Sheaffer, Sr.'s military pension shall be divided so that Faye A. Sheaffer receives 70% and he receives 30%. The pension is valued at $362,472.00, 03-4035 CIVIL TERM with Faye A. Sheaffer's 70% share valued at $253,730.00. However, applying the credit which Faye A. Sheaffer owes Jeffrey L. Sheaffer, Sr., her interest in the pension is $234,830.00 or 65% of its value. Because the Defense Finance Accounting Services (DFAS) will only distribute 50% of the disposable retired pay to Faye A. Sheaffer directly, Jeffrey L. Sheaffer, Sr. shall pay to her the undistributed 15% by making direct monthly payments by the tenth day of each month, commencing the month of March, 2008. Further, until DFAS directly pays Faye A. Sheaffer one-half of the disposable retired pay each month, commencing in March, 2008, Jeffrey L. Sheaffer, Sr. shall pay to her 65% of his disposable retired pay by the tenth day of each month. Commencing March 1, 2008, Jeffrey L. Sheaffer, Sr., shall pay Faye A. Sheaffer directly 65% of his disposable retirement pay, which payment for 2008 will be $836.19 per month. This direct payment shall continue until a Domestic Relations Order can be entered for 50% payment directly from DFAS, and Jeffrey L. Sheaffer, Sr.'s direct payment of 15% of disposable retirement pay commences. Upon payment by DFAS of the 50% entitlement to Faye A. Sheaffer, Jeffrey L. Sheaffer, Sr., shall pay directly to her the difference between the DFAS payment and $836.19 for the year 2008. 4. Faye A. Sheaffer shall receive the cost-of-living adjustment each year on her 65% share of the pension. Because of the complexity calculating the amounts owed given the phasing out of the VA waiver pursuant to federal law, Jonathan Cramer or Harry Leister of Conrad Siegel Actuaries, or their designees, shall prepare a military Domestic Relations Order to effect the division of the pension. Cramer or Leister shall compute the amount of Jeffrey L. Sheaffer, Sr.'s direct payment to Faye A. Sheaffer of that portion of her entitlement to the pension which will not be directly paid to Faye A. -2- 03-4035 CIVIL TERM Sheaffer by DFAS. Conrad Siegel Actuaries shall provide, by December 15 of each year, any change to that amount paid directly by Jeffrey L. Sheaffer, Sr. to Faye A. Sheaffer on account of the pension distribution, and provide the amount of that payment to both parties who shall keep Conrad Siegel Actuaries advised of their mailing addresses. 5. The cost for all the actuarial work to update Jeffrey L. Sheaffer, Sr.'s payments to Faye A. Sheaffer of 65% of his disposable retained pay, to include the 50% DFAS contribution to Faye A. Sheaffer and Jeffrey L. Sheaffer, Sr.'s direct payment to Faye A. Sheaffer to make up the shortfall of 15%, shall be borne equally between the parties. 6. Within 90 days of this date, Jeffrey L. Sheaffer, Sr. shall reimburse Faye A. Sheaffer for his share of any expenses for actuarial services which she has expended. Within 30 days after the receipt of any statement from Conrad Siegel Actuaries, Jeffrey L. Sheaffer, Sr. will promptly pay his share of that statement. 7. Upon presentation to Jeffrey L. Sheaffer, Sr. of a statement from Steven W. Barrett Real Estate and Appraisal Services, he shall, within 10 days, reimburse Faye A. Sheaffer for one-half the costs of the appraisal of 6601 Carlisle Pike, Mechanicsburg, Pennsylvania 17050. -3- Edgar B. Bayley, J. >-- ' m r 41._ ?v 03-4035 CIVIL TERM ? Joanne Harrison Clough, Esquire For Plaintiff ?Carol J. Lindsay, Esquire For Defendant sal CoP?'es mC*3 I a/z'71o$ ?::cl -4- JEFFREY L. SHEAFFER, SR., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. FAYE A. SHEAFFER, DEFENDANT 03-4035 CIVIL TERM IN RE: EXCEPTIONS OF HUSBAND TO DIVORCE MASTER'S REPORT BEFORE BAYLEY, J. OPINION AND ORDER OF COURT Bayley, J., February 27, 2008:-- Jeffrey L. Sheaffer, Sr., age 50, and Faye A. Sheaffer, age 50, were married on August 13, 1977. They separated in July, 2003. They have three children, two are emancipated and one is a minor who lives with wife and will graduate from high school in June, 2008. Husband, who lives in Port Royal, works full-time as an electrician at the Frog and Switch Company where his annual gross income in 2006 was $49,016. Wife, who lives in Mechanicsburg, works full-time in the foodservice division of Ross Distribution, where her annual gross income in 2006 was $19,289. Husband pays spousal support in the amount of $428.50 per month, and child support in the amount of $714.27 per month. Husband served twenty years of active duty in the United State Marine Corps. He retired on September 30, 1997. He has a taxable military pension with a net of $1,112.07 per month. The pension has a marital value of $362,472. He also receives non-taxable disability compensation, a VA waiver, in the amount of $775 per month, with a value of $212,449. This disability compensation is not subject to equitable 03-4035 CIVIL TERM distribution.' The value of the marital estate, other than the marital value of husband's pension subject to equitable distribution, is $71,211. Of that amount, $41,955 is equity in a marital home valued at $124,000.2 The remainder of the marital assets, less the pension, includes a vehicle, some bank accounts, stock and some cash surrender value in life insurance policies. The Master made the following equitable distribution analysis pursuant to the Divorce Code at 23 Pa.C.S. Section 3502(a). 1. The parties were married and living together for twenty-seven years. They have lived separate and apart for over four years. 2. Neither party has been married previously. 3. Both parties are 50 years of age and do not have any health issues which affect their ability to engage in their current employment. Their incomes derive from their earnings at their employment; husband has income from his military pension and the VA waiver in addition to his employment earnings. The VA waiver, which is not subject to equitable distribution, has a value of $212,449.00. 4. Neither party has contributed to the education, training or increased earning power of the other party. 5. The opportunity for future acquisitions that either party may have would be from income and benefits provided through their employment. Wife has no retirement income available to her and is, therefore, dependent on sharing in husband's retirement and military benefits earned during the course of the marriage. 6. The source of income of both parties is their employment and benefits attributed to that employment; as noted previously, husband does have benefits arising from his retirement from the United States military. 7. Both parties have contributed to the acquisition of the marital estate. Wife has moved numerous times as a result of husband's military service and has not had an opportunity during her lifetime to obtain a position allowing her to accumulate long-term benefits. Wife has contributed throughout the marriage as a homemaker and has had a substantial part in raising the parties' three children. 8. The value of any property set aside to each party will be what they receive in the distribution of the marital assets. Husband, however, ' In Mansell v. Mansell, 490 U. S. 581, 109 S.Ct. 2023, 104 L.Ed.2d 675 (1989), the United States Supreme Court held that state courts in marital litigation can only divide "disposable military retired pay." See Martin v. Martin, 385 Pa. Super. 554 (1989). z The balance is a first and second mortgage totaling $82,045.16. -2- 03-4035 CIVIL TERM does receive a benefit as a result of a monthly payment from the VA waiver which is an asset of husband, not subject to distribution. 9. The standard of living of the parties was modest. 10, 10 (1) and 10 (2). No testimony has been offered nor has the Master considered any federal, state, and local tax ramifications associated with the assets except to note that net values are used with respect to husband's military pension. The VA waiver payment to husband is non-taxable. No sale expenses of any assets have been included. With respect to the real estate, wife intends to stay in that property and so the Master has not taken into account any expenses involved in sale or transfer or liquidation of the asset. 11. Wife is serving as the custodian of a dependent minor child who will be graduating from high school in June 2008. The Master concluded: Based on the stipulations of the parties and counsel, the facts found by the Master, and the analysis of the factors under Section 3502(a) of the Domestic Relations Code, the Master believes that the distribution of the assets, with the exclusion of husband's military pension, as shown on Joint Exhibit No. 1 should be 40% to husband and 60% to wife. Consequently, of the assets shown on Joint Exhibit No. 1 which are subject to the 40/60% distribution, husband is to receive a value of $28,484.41 and wife will receive a value of $42,726.62. The value of the distribution of the assets on Joint Exhibit No. 1 is considered in the computation of the monthly benefit wife is to receive from the military pension and the direct payment from husband to wife to effect the distribution as recommended. As referred to in the course of this report, husband has a military pension which pays him $1,112.07 per month. Wife is not entitled to receive from the military disbursement more than 50% of the distribution so she would be entitled to have a specific payment from the military in the amount of $556.00. However, the Master is recommending 70% of husband's military pension payment be paid to wife. In addition, the amount of the payment also takes into account the distribution of assets on Joint Exhibit No. 1. The total monthly payment from the pension, therefore, will be $722.85. Payment of the pension amount that wife is to receive will have to be supplemented by a direct payment from husband for the amount not able to be deducted and paid to wife from the retirement by the military. Since wife is only entitled to receive 50% monthly from the military as her benefit through the distribution, the husband will have to make up the difference through a direct payment to -3- 03-4035 CIVIL TERM wife pursuant to a Court order in the amount of $166.85.2 The stipulation which was entered by the parties on the record on September 6, 2007, states the issue with respect to the VA waiver which has a value of $212,449.00. Although this benefit was earned during the marriage, it cannot be distributed as part of husband's pension and is not subject to equitable distribution.... The Master believes that economic justice needs to be served by allowing wife a larger portion of husband's military pension which is subject to distribution. The very large VA waiver benefit, which is not subject to distribution, was earned during wife's marriage to husband, and the Master believes that this large non-marital, earned during the marriage, benefit should be considered in providing wife economic justice with respect to the distribution of the martial estate which is subject to the distribution by the Pennsylvania Court. Therefore, the Master has determined that wife shall receive, in addition to the 50% payment directly from the military from husband's military retirement pay, the sum of $166.85 to be paid by husband to wife pursuant to a Court order. This amount will take into account an additional payment to wife, from the military pension, over and above the 50% which can be paid directly to her and also in consideration of the substantial value of the VA waiver, which is not subject to equitable distribution. The computation of the payment has also taken into account the distribution of the marital estate less the pension on Joint Exhibit No. 1 giving wife 60% and husband 40% of the assets. See computations on the attached exhibit made part of this report. Note the payment will change in 2008 and thereafter. See attached chart. Based on his analysis and conclusions, the Master recommended; a. Husband will receive 40% of the value of all items other than his military pension and wife will receive 60% of all such value. Those items total $71,211.00 in value. Therefore, in order to provide a 60/40 distribution, Wife should receive value of $42,728.00 and husband should receive value of $28,483.00. However, wife retains in kind assets valued at $61,628.00 and husband retains in kind assets valued at $9,583.00. Therefore, in order to cause a 60/40 distribution as set out herein, wife's share of the military pension shall be reduced by $18,900.00. ($61,628.00 - $42,728.00) b. Husband's military pension shall be divided so that wife receives 70% of the pension and husband receives 30% of the pension. The pension is valued at $362,472.00 and wife's 70% share is valued at $253,730.00. However, applying the credit which wife owes husband pursuant to subheading (a) above, wife's interest in the pension is calculated at $234,830.00 or 65% of the pension's value. Because the Defense Finance Accounting Service (DFAS) will only distribute 50% of -4- 03-4035 CIVIL TERM the disposable retired pay to wife directly, husband shall pay to her the undistributed 15% by making direct monthly payments to her by the tenth day of each month, commencing the month after the Decree in Divorce is entered. Further, until DFAS directly pays wife one-half of the disposable retired pay each month, commencing the month after the Decree in Divorce is entered, husband shall pay to her 65% of his disposable retired pay by the tenth day of each month. For 2007, the payment due wife by husband shall total $722.85 per month (65% of $1,112.07). Commencing January 10, 2008, the payment will be $836.19 per month until such time as a DRO can be entered and the 50% payment directly from DFAS commences and husband's direct payment of 15% of disposable retired pay commences. Wife shall be entitled to receive the cost of living adjustment each year on her 65% share of the pension. Because of the complexity in calculating the amounts owed given phasing out of the VA waiver pursuant to Federal law, Jonathan Cramer or Harry Leister of Conrad Seigel Actuaries, or their designees, shall prepare a military Domestic Relations Order to effect the division of the pension. Mr. Cramer or Mr. Leister is also ordered to compute the amount of husband's direct payment to wife of that portion of her entitlement to the pension which will not be directly paid to her by DFAS. Conrad Siegel Actuaries shall provide, by December 15 of each year, any change to that amount paid directly by husband to wife on account of the pension distribution and to provide the amount of that payment to both parties who are ordered and directed to keep Conrad Siegel Actuaries advised of their mailing address. Husband filed exceptions to the Divorce Master's Report which. were briefed and argued on January 23, 2008. At oral argument, husband narrowed his exceptions to two issues: (1) Whether it was "error to award wife 70% of the marital portion of Husband's military pension," and (2) Whether it was error "to order Husband to pay one- half of all the actuarial services incurred by wife to date in the divorce action." In Tagnani v. Tagnani, 439 Pa. Super. 596 (1995), the Superior Court of Pennsylvania stated: Notwithstanding the fact that the Master observes and hears the testimony of the witnesses, the trial court is not bound by the master's recommendations.... "[W]e must keep in mind that the court was free to accept or reject the parties' testimony." "Although the master's report is entitled to great weight, that final responsibility for making the [equitable] -5- 03-4035 CIVIL TERM distribution [of property] rests with the court." (Citations omitted.) (Second and third alterations in original.) 1. WHETHER IT WAS ERROR TO AWARD WIFE SEVENTY PERCENT OF HUSBAND'S PENSION. The Master made a thorough Section 3502(a) analysis which we adopt as part of this decision. Husband argues in his brief: A review of the Master's Report and Recommendation clearly supports a finding by the Court that the Master in essence, awarded Wife a portion of the nonmarital disability component of Husband's pension by giving her a greater percentage of the marital portion of his military retirement since he could not by law award her any portion of his disability retirement pay. While Section 3502(8) of the Divorce Code specifically provides that the Court shall consider all the relevant factors including "the value of the property set aside to each party," it is not permissible to increase the percentage distribution of the marital property awarded to one party to, in essence, make a distribution of a nonmarital asset. The Master's conclusions included the following: The Master believes that economic justice needs to be served by allowing wife a larger portion of husband's military pension which is subject to distribution. The very large VA waiver benefit, which is not subject to distribution, was earned during wife's marriage to husband, and the Master believes that this large non-marital, earned during the marriage, benefit should be considered in providing wife economic justice with respect to the distribution of the martial estate which is subject to the distribution by the Pennsylvania Court. This conclusion was made after the Master cited the dissent of Justice O'Connor in Mansell v. Mansell, supra, that permitting a military retiree to convert significant amounts "of gross retirement pay ... into disability benefits and thereby to avoid his obligation under state community property laws ... is to distort beyond recognition and thwart the main purpose of the statute, which is to recognize the sacrifices made by -6- 03-4035 CIVIL TERM military spouses and to protect their economic security in the face of divorce." In Hayward v. Hayward, 868 A.2d 554 (Pa. Super. 2005), the Superior Court of Pennsylvania, after recognizing the harsh effect of Mansell and that many former spouses would be economically harmed by it, noted that numerous other jurisdictions have addressed the issue in one form or another and some courts have ruled that Mansell is inapplicable in some cases. Mansell, however, is applicable in the case sub judice. Even though husband's nontaxable disability compensation in the amount of $775 per month with a value of $212,449 was all acquired during the course of the parties' marriage, it is not subject to equitable distribution. Under Pennsylvania law, one of the factors to be considered under 23 Pa.C.S. Section 3502(a)(8) in making an award of equitable distribution of marital property is: "the value of the property set apart to each party." Separate property is subsection (a)(8) property. See Marinello v. Marinello, 354 Pa. Super. 471 (1986). Clearly, the recommendation of the Master that wife be awarded seventy percent of husband's taxable military pension with a total value of $362,472, for which he receives a monthly net payment of $1,112.07, was premised in part on a consideration of the value of the disability benefit that, by law, is set apart to husband. The Master did not recommend the distribution of a non-marital asset. The separate property factor was only one of the significant factors that the Master considered, the others being this long marriage in which the parties, who are only 50 years old, were together for almost twenty-six years and husband's significantly higher earning capacity than wife's. Under the Master's recommendation, wife has assets with a value of $296,458, and husband has overall assets with a value of $349,674. Even after the marital -7- 03-4035 CIVIL TERM pension is distributed, husband has gross monthly income of $5,933.34, $755 of which is untaxed. Wife has gross monthly income of $2,577.86, all of which is taxed. Given the parties long marriage, their being generally in good health, their station in life, their respective needs, wife's contributions to the marriage as both a wage earner and a homemaker, their current economic circumstances in which they both have little opportunity in the significant future for acquisition of capital assets and income, and husband's separate property, we are satisfied that the recommendation of the Master for the distribution of the marital property is just, equitable and appropriate.3 II. WHETHER IT WAS ERROR TO ORDER HUSBAND TO PAY ONE-HALF OF ALL ACTURIAL SERVCIES INCURRED BY WIFE TO DATE IN THE DIVORCE ACTION. Reasonable expenses are awardable under the Divorce Code at 23 Pa.C.S. Section 3702. The services of the actuary in this case to appraise husband's pension was especially needed because of the complications caused by the National Defense Authorization Act. Husband has substantially more income than wife. They are each paying their own attorney fees. Under these circumstances it is appropriate that they share the costs of the pension appraisal. ORDER OF COURT AND NOW, this _2144, day of February, 2008, concurrent with the entry of a decree in divorce, the following economic order is entered: 'While the Master recommended that wife receive 60 percent of all marital assets other than the pension and that she receive 70 percent of the pension, the adjustment she owes husband as a result of the distribution of other marital assets actually reduces her interest in his pension to 65 percent. -8- 03-4035 CIVIL TERM 1. Faye A. Sheaffer shall receive all those assets listed under her name on Joint Exhibit No. 1, a copy of which is attached hereto, and Jeffrey L. Sheaffer, Sr., shall receive all those items listed under his name on Joint Exhibit No. 1, subject to the following adjustments for the values of those items: 2. Jeffrey L. Sheaffer, Sr. shall receive 40% of the value of all items other than his military pension, and Faye A. Sheaffer shall receive 60% of all such value. Those items total $71,211.00; therefore, Faye A. Sheaffer shall receive value of $42,728.00 and Jeffrey L. Sheaffer, Sr. shall receive value of $28,483.00. However Faye A. Sheaffer retains in kind assets valued at $61,628.00 and Jeffrey L. Sheaffer, Sr., retains in kind assets valued at $9,583.00. Therefore, Faye A. Sheaffer's share of Jeffrey L. Sheaffer, Sr.'s military pension shall be reduced by $18,900.00. ($61,628.00 - $42,728.00). 3. Jeffrey L. Sheaffer, Sr.'s military pension shall be divided so that Faye A. Sheaffer receives 70% and he receives 30%. The pension is valued at $362,472.00, with Faye A. Sheaffer's 70% share valued at $253,730.00. However, applying the credit which Faye A. Sheaffer owes Jeffrey L. Sheaffer, Sr., her interest in the pension is $234,830.00 or 65% of its value. Because the Defense Finance Accounting Services (DFAS) will only distribute 50% of the disposable retired pay to Faye A. Sheaffer directly, Jeffrey L. Sheaffer, Sr. shall pay to her the undistributed 15% by making direct monthly payments by the tenth day of each month, commencing the month of March, 2008. Further, until DFAS directly pays Faye A. Sheaffer one-half of the disposable retired pay each month, commencing in March, 2008, Jeffrey L. Sheaffer, Sr. shall pay to her 65% of his disposable retired pay by the tenth day of each month. Commencing -9- 03-4035 CIVIL TERM March 1, 2008, Jeffrey L. Sheaffer, Sr., shall pay Faye A. Sheaffer directly 65% of his disposable retirement pay, which payment for 2008 will be $836.19 per month. This direct payment shall continue until a Domestic Relations Order can be entered for 50% payment directly from DFAS, and Jeffrey L. Sheaffer, Sr.'s direct payment of 15% of disposable retirement pay commences. Upon payment by DFAS of the 50% entitlement to Faye A. Sheaffer, Jeffrey L. Sheaffer, Sr., shall pay directly to her the difference between the DFAS payment and $836.19 for the year 2008. 4. Faye A. Sheaffer shall receive the cost-of-living adjustment each year on her 65% share of the pension. Because of the complexity calculating the amounts owed given the phasing out of the VA waiver pursuant to federal law, Jonathan Cramer or Harry Leister of Conrad Siegel Actuaries, or their designees, shall prepare a military Domestic Relations Order to effect the division of the pension. Cramer or Leister shall compute the amount of Jeffrey L. Sheaffer, Sr.'s direct payment to Faye A. Sheaffer of that portion of her entitlement to the pension which will not be directly paid to Faye A. Sheaffer by DFAS. Conrad Siegel Actuaries shall provide, by December 15 of each year, any change to that amount paid directly by Jeffrey L. Sheaffer, Sr. to Faye A. Sheaffer on account of the pension distribution, and provide the amount of that payment to both parties who shall keep Conrad Siegel Actuaries advised of their mailing addresses. 5. The cost for all the actuarial work to update Jeffrey L. Sheaffer, Sr.'s payments to Faye A. Sheaffer of 65% of his disposable retained pay, to include the 50% DFAS contribution to Faye A. Sheaffer and Jeffrey L. Sheaffer, Sr.'s direct payment to -10- 03-4035 CIVIL TERM Faye A. Sheaffer to make up the shortfall of 15%, shall be borne equally between the parties. 6. Within 90 days of this date, Jeffrey L. Sheaffer, Sr. shall reimburse Faye A. Sheaffer for his share of any expenses for actuarial services which she has expended. Within 30 days after the receipt of any statement from Conrad Siegel Actuaries, Jeffrey L. Sheaffer, Sr. will promptly pay his share of that statement. 7. Upon presentation to Jeffrey L. Sheaffer, Sr. of a statement from Steven W. Barrett Real Estate and Appraisal Services, he shall, within 10 days, reimburse Faye A. Sheaffer for one-half the costs of the appraisal of 6601 Carlisle Pike, Mechanicsburg, Pennsylvania 17050. By the Bayley, J. Joanne Harrison Clough, Esquire For Plaintiff Carol J. Lindsay, Esquire For Defendant :sal -11- < Z ' i K ?I I V I ' I M M W 1 ' N o U o' VJ, G p -y' w w ?. II D , p i pI m m ? 0 3 _ < < m I <, ? o? j N o • S Z! ? r r N U, G CJ 07 cr ' a l O M CD v ic -n -n I (D m m , ? a CD 0 =r Cl) m ?' D D r 6 6 ch c N i D cn - cn " cn o C .0 c CD c CD ! w ? 06) O w y (n CD CD a a a O W W (D _ V) CD cn w rn o cn N c o c Q ? =r 0 cu zT r co 0 0' cD m n m ?t U ?t ;4 CD cn ' m = 7 a a D a W H O 0 ? 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CO 0 0) O O O O Cl) Cr 0 AL) 03 a CD E!9 co Cu (j) w v, v v, w 0 v v, v 0 w 0 - - > - CD r CD o N N O O O O O -- o = = cn U) v c l< =F N -69 =r v, O Co O -4 -4 -4 ? i K K K m 0 o 0 N c ? t, rn CD CD CD C p? a O O O H O - O N 3 Q 3 Q 3 Q CD cn ^' CD d d v < W W W W W W W CD a CD v CD ? O 69 ? 00 Cn - CD 0 C n ? V N N -n 0 .? CD Cn co Cfl to N ' vii v0i C CD a c o 0) - o Cn CS w O O ' C D N co co co CO W ?. ffl v - h M CT N WA N W O c- `< v, 6 . 00 T N C p 0 0 o n? •< e r r w rn 3 i( W W C) CD -l {fl -I b9 -I O -4 00 C CD - - C C 0 = ? Cn o tv = ? a W o < 0) ?, N o o Cn W 0 co or f D (1) En OD W - ? ? 0 0 O W a v 0 0 N v N v v a C) o l W W En C C1 I L a 0 i I I I I I I I I I I C D --I rn 0 co Cn N O 0 V W Cn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JEFFREY L. SHEAFFER, SR., PLAINTIFF VERSUS FAYE A. SHEAFFER, DEFENDANT U.5-4U.55 (-iV1L TIJKM No. DECREE IN DIVORCE AND NOW, 2 r _ IT IS ORDERED AND JEFFREY L. SHEAFFER, SR. DECREED THAT , PLAINTIFF, AND FAYE A. SHEAFFER ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, 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 ?`?°?? ? ?? y?? .?©- ??_ ? ??.3-?- i ? ? ??. Joanne Harrison Clough, Esquire Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Facsimile: (717) 737-5892 Attorney for Plaintiff JEFFERY L. SHEAFFER, SR., Plaintiff V. FAYE A. SHEAFFER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4035 CIVIL ACTION -LAW IN DIVORCE NOTICE OF APPEAL Notice is hereby given that Jeffrey L. Sheaffer, Sr., the above named Plaintiff, hereby appeals to the Superior Court of Pennsylvania from the Order entered in this matter on the 27 h day of February, 2008 denying Plaintiff's Exceptions to the Divorce Master's Report and Recommendations. This Order has been entered in the docket as evidenced by the attached copy of the docket. submitted, Telephone: (717) 737-5890 Facsimile: (717) 737-5892 Date: Attorney for Appellant/Plaintiff By: Harrison Clough , s Attorney I.D. No. 36461 3820 Market Street JoanCampa Hill, PA 17011 PYS511 Cumberland County Prothonotary's Office Page 1 Civil Case Print ,r 20013-04035 SHEAFFER JEFFERY L SR (vs) SHEAFFER FAYE A Reference No... Filed......... 8/18/2003 Case Ty e.....: COMPLAINT - DIVORCE Time........ 1:18 Judgmenv...... 00 Execution Date 0/00/0000 Judge Assigned: BAYLEY EDGAR B Jury Trial.... Disposed Desc.: GRANTED Disposed Date. 2/27/2008 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info SHEAFFER JEFFREY L SR PLAINTIFF MIMNAUGH EDWARD J P 0 BOX 301 PORT ROYAL PA 17082 RR #1 BOX 400 -NEW ADDRESS SHEAFFER FAYE A DEFENDANT 6601 CARLISLE PIKE MECHANICSBURG PA 17050 ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 8/18/2003 COMPLAINT - DIVORCE - ADDL COUNT - EQUITABLE DISTRIBUTION ------------------------------------------------------------------- 8/18/2003 AFFIDAVIT OF NON MILITARY SERVICE ------------------------------------------------------------------- 8/19/2003 AFFIDAVIT AND RETURN OF SERVICE FOR COMPLAINT BY ORRIS C KNEPP III ESQ ------------------------------------------------------------------- 9/08/2003 PRAECIPE TO ENTER APPEARANCE FOR PLFF - BY CAROL J LINDSAY ESQ ------------------------------------------------------------------- 9/10/2003 PETITION FOR ALIMONY PENDENTE LITE - BY CAROL J LINDSAY ESQ FOR PLFF -------------------------------------------------------------------03 - THAT E ALIMONY 10/22/2003 FORDER - ILED OND9/10/030/IN/THE ABOVVERCAPT ONEDHMATTER IS DISMISSEDLITE WITHOUT PREJUDICE DUE TO A SPOUSAL SUPPORT ORDER BEING ESTABLISHED ON 10/20/03 UNDER PACSES #879105665 AND DOCKETED AT NO 664 S 2003 - BY EDWARD E GUIDO J ------------------------------------------------------------------- 10/24/2003 DEFENDANT'S PETITION FOR ALIMONY WITH PENDENTE LITE WITHOUT PREJUDICE - BY CAROL J LINDSAY ESQ ------------------------------------------------------------------- 1/29/2004 ORDER OF COURT - DATED 1/28/04 - IN RE AGREEMENT OF COUNSEL THIS COURT'S ORDER OF 1/21/04 IS AMENDED TO PERMIT PLFF FAYE A SHEAFFRE TO SUBMIT HER BREIF IN RESPONSE TO DEFT'S EXECTIONS 15 DAYS AFTER THE DATE OF SUBMISSION OF DEFT'S BRIEF - SEE ATTACHED LETTER - BY THE COURT J WESLEY OLER JR J COPIES MAILED ------------------------------------------------------------------- 4/12/2005 ORDER OF COURT - DATED 4/12/05 - IN RE MOTION FOR LEAVE TO WITHDRAW APPEARANCE A RULE IS HEREBY ISSUED UPON PLFF AND DEFT TO SHOW CAUSE WHY THE RELIEF REQUESTED SHOULD NOT BE GRANTED - RULE RETURNABLE WITHIN 10 DAYS OF SERVICE - BY THE COURT J WELSEY OLER JR J COPIES MAILED ------------------------------------------------------------------- 5/02/2005 MOTION FOR ENTRY OF FINAL ORDER - BY ORRIS C KNEPP III ESQ ------------------------------------------------------------------- 5/06/2005 ORDER - DATED 5/6/05 - IN RE MOTION FOR LEAVE TO WITHDRAW APPEARANCE FOR LEAVE TO WITHDRAW APPEARANCE THE LACK OF ANY RESPONSES THERETO FROM PLFF OR DEFT AND THIS COURT'S RULE TO SHOW CAUSE WHY THE RELIEF REQUESTED IN SAID MOTION SHOULD NOT BE GRANTED IT IS HEREBY ORDERED AND DECREED THAT ORRIS C KNEPP III ESQ AND THE LAW FIRM OF KNEPP & SNOOK SHALL BE PERMITTED TO WITHRAW AS COUNSEL FOR PLFF JEFFREY L SHEAFFER - BY THE COURT J WELSEY OLER JR J COPIES MAILED ------------------------------------------------------------------- 8/05/2005 MOTION FOR APPOINTMENT OF DIVORCE MASTER - BY JEFFREY L SHEAFFER SR ------------------------------------------------------------------- 8/09/2005 ORDER APPOINTING MASTER DATED 08-09-05 - E ROBERT ELICKER IS PYS511 Cumberland County Prothonotary's Office Page 2 Civil Case Print 2003-04035 SHEAFFER JEFFERY L SR (vs) SHEAFFER FAYE A Reference No... Filed......... 8/18/2003 Case Ty e...... COMPLAINT - DIVORCE Time...... ..: 1.18 Judgmen?.. 00 Execution Date 0/00/0000 Judge Assigned: BAYLEY EDGAR B Jury Trial.... Disposed Desc.: GRANTED Disposed Date. 2/27/2008 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: APPOINTED MASTER WITH RESPECT TO THE DIVORCE - ALIMONY - DISTRIBUTION OF PROPERTY CLAIMS - BY THE COURT GEORGE E HOFFER PJ - COPIES MAILED AND ORIG PLACED IN ELICKERS FILE ------------------------------------------------------------------- 11/22/2005 PETITION TO COMPEL DISCOVERY - BY CAROL J LINDSAY ESQ FOR PLFF ------------------------------------------------------------------- 11/29/2005 ORDER OF COURT - DATED 11/28/05 - IN RE PETITOIN A RULE IS ISSUED UPON DEFT JEFFREY L SHEAFFER TO SHOW CAUSE WHY HE SHOULD NOT BE REQUIRED TO PRODUCE THE DOCUMENTS REQUESTED RULE RETURNABLE 10 DAYS FROM SERVICE HEREOF - BY THE COURT J WESLEY OLER JR J COPIES MAILED ------------------------------------------------------------------- 1/09/2006 PETITION TO COMPEL DISCOVERY - BY CAROL J LINDSAY ESQ FOR PLFF ------------------------------------------------------------------- 2/22/2006 PRAECIPE FOR ENTRY OF APPEARANCE FOR JEFFREY L SHEAFFER - BY EDWARD J MIMNAGH ESQ ------------------------------------------------------------------- 5/03/2006 PETITION FOR ECONOMIC RELIEF - BY CAROL J LINDSAY ATTY ------------------------------------------------------------------- 9/07/2007 AFFIDAVIT OF CONSENT - PLAINTIFF ------------------------------------------------------------------- 9/07/2007 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIV DECREE-PLFF ------------------------------------------------------------------- 9/07/2007 AFFIDAVIT OF CONSENT - DEFENDANT ------------------------------------------------------------------- 9/07/2007 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIV DECREE-DEFT ------------------------------------------------------------------- 11/27/2007 NOTICE OF FILING MASTER'S REPORT - BY ROBERT E ELICKER II DIVORCE MASTER ------------------------------------------------------------------- 11/27/2007 MASTERS REPORT - PROCEEDINGS HELD 09-06-07 ------------------------------------------------------------------- 12/06/2007 REQUEST FOR TRANSCRIPT TO TRACY COLYER COURT REPORTER OFFICE OF DIVORCE MASTER 9 N HANOVER ST CARLISLE - BY JOANNE HARRISON CLOUGH ATTY FOR PLFF ------------------------------------------------------------------- 12/06/2007 PLAINTIFF'S EXPECETIONS TO THE REPORT OF DIVORCE MASTER - BY JOANNE HARRISON CLOUGH ATTY FOR PLFF ------------------------------------------------------------------- 12/21/2007 TRANSCRIPT FILED - TRANSCRIPT PROCEEDINGS - BY E ROBERT ELICKER DIVORCE MASTER ------------------------------------------------------------------- 2/27/2008 DIVORCE DECREE ENTERED BY EDGAR B BAYLEY J NOTICE MAILED ------------------------------------------------------------------- 2/27/2008 OPINION AND ORDER OF COURT - DATED 2/27/08 - IN RE EXCEPTIONS OF HUSBAND TO DIVORCE MASTER'S REPORT - BY EDGAR B BAYLEY J - COPIES MAILED 2/27/08 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Beg Bal Pymts*** /Add End Bal ******************************** ******** *** ******************************* DIVORCE 35.00 35.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 MASTER'S FEE 125.00 125.00 .00 DIV PA SURCHG 10.00 10.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 ADD'L COUNTS 10.00 10.00 .00 JCP FEE 10.00 10.00 .00 SUBPOENA 18.00 18.00 - .00 --------- -------------- 228.50 ---------- -- 228.50 .00 ******************************************************************************** PYS511 Cumberland County Prothonotary's Office Page 3 Civil Case Print 20D3-04035 SHEAFFER JEFFERY L SR (vs) SHEAFFER FAYE A Reference No..: Filed........: 8/18/2003 Case Ty e.....: COMPLAINT - DIVORCE Time.........: 1:18 Judgmen ......: 00 Execution Date 0/00/0000 Judge Assigned: BAYLEY EDGAR B Jury Trial.... Disposed Desc.: GRANTED Disposed Date. 2/27/2008 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.. * End of Case Information ******************************************************************************** TRUE ^t r ,y hand In Testimony whereof, I hzre ur and the seal of said Court at Cariis+e, Pa.? .11 ........? This ....Q? ..., day of /? ... :. .... .. ? 44 Prothonotary Joanne Harrison Clough, Esquire Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Counsel for Plaintiff Appellant JEFFREY L. SHEAFFER, SR., Plaintiff V. FAYE A. SHEAFFER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4035 CIVIL ACTION -LAW IN DIVORCE PROOF OF SERVICE 1, Joanne Harrison Clough, Esquire, do hereby certify that on this date, I served a copy of the foregoing Notice of Appeal on the following individuals by United States First Class Mail (unless otherwise indicated) to the following individuals set forth below: Defendant Fay A. Sheaffer c/oCarol J. Lindsay, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Counsel for the Defendant Appellee Fay A. Sheaffer The Honorable Edgar B. Bayley, J. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Service by Hand Delivery 1J? Date: Traci J. Coyler Official Stenographer Office of Divorce Master 9 N. Hanover Street Carlisle, PA 17013 Melissa Calvanelli Acting Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Service by Pand Delivery Joanne Harrison Clough, Esqui#e 1 Attorney ID No. 36461 \IJ 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff/Appellant Jeffrey L, Sheaffer, Sr. b 1 Joanne Harrison Clough, Esquir Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Facsimile: (717) 737-5892 Attorney for Plaintiff JEFFERY L. SHEAFFER, SR., Plaintiff V. FAYE A. SHEAFFER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4035 : CIVIL ACTION -LAW : IN DIVORCE NOTICE OF TRANSCRIPT PREVIOUSLY FILED Please be advised that I, Joanne Harrison Clough, Esquire, counsel for Plaintiff Appellant Jeffery L. Sheaffer, Sr. provide Notice that the Transcript of Proceedings before E. Robert Elicker, II, Divorce Master, was filed with the Court on December 21, 2007. There is no transcript of Argument Court for Oral Argument on Exceptions to Divorce Master's Report and Recommendation. Respectfully Submitted, JOANNE HARRISON CLOUGH, P.C. Date: By: Joanne Harrison Clou Esquire Attorney ID No. 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff Appellant Jeffrey L. Sheaffer V Joanne Harrison Clough, Esquire Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Counsel for Plaintiff Appellant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4035 : CIVIL ACTION -LAW : IN DIVORCE PROOF OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date, I served a copy of the foregoing Notice of Transcript Previously Filed on the following individuals by United States First Class Mail (unless otherwise indicated) to the following individuals set forth below: JEFFREY L. SHEAFFER, SR., Plaintiff V. FAYE A. SHEAFFER, Defendant Defendant Fay A. Sheaffer c/oCarol J. Lindsay, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Counsel for the Defendant Appellee Fay A. Sheaffer The Honorable Edgar B. Bayley, J. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Service by Hand Delivery Traci J. Coyler Official Stenographer Office of Divorce Master 9 N. Hanover Street Carlisle, PA 17013 Melissa Calvanelli Acting Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Service by Land Delivery Date: i2? Joan14-VV1!-9ufi Clough,Esau' Attorney ID No. 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff/Appellant Jeffrey L, Sheaffer, Sr. {"? ? 0 r ZJC) OJ ? ON COMMONWEALTH OF PENNSYLVANIA e Superior Court of Pennsylvania Karen Reid Bramblett, Esq. Middle District Prothonotary James D. McCullough, Esq. March 25, 2008 Deputy Prothonotary Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: 534 MDA 2008 Jeffery L. Sheaffer, Sr., Appellant V. Faye A. Sheaffer 03- w35' twit °ru-- Dear Mr. Long: 100 Pine Street. Suite 400 Harrisbure. PA 17101 717-772-1294 www.supenor.court.state.pa.us Enclosed please find a copy of the docket for the above appeal that was recently filed in the Superior Court. Kindly review the information on this docket and notify this office in writing if you believe any corrections are required. Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 3517, for completion and filing. Please note that Superior Court Dockets are available on the Internet at the Web site address printed at the top of this page. Thank you. Very truly yours, Karen Reid Bramblett, Esq. Prothonotary AAS 2:13 PA Appeal Docket Sheet Docket Number: 534 MDA 2008 Superior Court of Pennsylvania Pagel of 2 March 25, 2008 Jeffery L. Sheaffer, Sr., Appellant V. Faye A. Sheaffer Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: March 25, 2008 Awaiting Original Record Journal Number: Case Category: Civil CaseType: Divorce Consolidated Docket Nos.: Related Docket Nos.: SCHEDULED EVENT Next Event Type: Receive Docketing Statement Next Event Due Date: April 8, 2008 Next Event Type: Original Record Received Next Event Due Date: May 27, 2008 COUNSEL INFORMATION Appellant Sheaffer Sr., Jeffery L. Pro Se: Appoint Counsel Status: IFP Status: No Appellant Attorney Information: Attorney: Clough, Joanne Harrison Bar No.: 36461 Law Firm: Clough, Joanne Harrison, P.C. Address: 3820 Market Street Camp Hill, PA 17011 Phone No.: (717)737-5890 Fax No.: (717)737-5892 Receive Mail: Yes E-Mail Address: jhclough@comcast.net Receive E-Mail: No Appellee Sheaffer, Faye A. Pro Se: Appoint Counsel Status: IFP Status: Appellee Attorney Information: Attorney: Lindsay, Carol J. Bar No.: 44693 Law Firm: Saidis, Flower & Lindsay Address: 26 W High Street Carlisle, PA 17013-2922 Phone No.: (717)243-6222 Fax No.: (717)243-6486 Receive Mail: Yes E-Mail Address: Receive E-Mail: No 3/25/2008 3023 2:13 P.M. Appeal Docket Sheet Docket Number: 534 MDA 2008 Page 2 of 2 March 25, 2008 Superior Court of Pennsylvania FEE INFORMATION Paid Fee Date Fee Name Fee Amt Amount Receipt Number 3/25/08 Notice of Appeal 60.00 60.00 2008SPRMD000251 TRIAL COURVAGENCY INFORMATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Division: Civil Date of Order Appealed From: February 27, 2008 Judicial District: 9 Date Documents Received: March 25, 2008 Date Notice of Appeal Filed: March 24, 2008 Order Type: Order Entered OTN: Judge: Bayley, Edgar B. Lower Court Docket No.: 03-4035 President Judge ORIGINAL RECORD CONTENTS Original Record Item Filed Date Content/Description Date of Remand of Record: BRIEFS DOCKET ENTRIES Filed Date Docket Entry/Document Name Party Type Filed By March 25, 2008 Notice of Appeal Filed Appellant Sheaffer Sr., Jeffery L. March 25, 2008 Docketing Statement Exited (Domestic Relations) Middle District Filing Office 3/25/2008 3023 } c Z r y„?Y CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: SUPERIOR COURT OF PENNSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: Jeffery L. Sheaffer, Sr. VS. Faye A. Sheaffer 03-4035 Civil Term 534 MDA 2008 The documents comprising the record have been numbered from No.1 to 205, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is g D? Li-? Ilk Curti . Long, P t Regina Lebo An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Date Signature & Title Among the Records and Proceedings enrolled in the court of Common Pleas in and for the county of Ctl?erland in the Commonwealth of Pennsylvania 534 MDA 2008 to No. 2003-4035 Civil Term, 19 is contained the following: COPY OF Appearance DOCKET ENTRY Jeffery L. Sheaffer Sr. VS. Faye A. Sheaffer **See Certified Copy of the Docket Entries** Commonwealth of Pennsylvania County of Cumberland ss: In TESTIMONY WHEREOF, I have hereunto this 8th I, CitrtiS R- Long , Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein Jeffery L. Sheaffer, Sr. Plaintiff, and Faye A. Sheaffer Defendant , as the same remains of record before the said Court at No. 03-4035 of Civil Term, A.D. 19 - set my hand and affixed the seal of said Court day of April y - AD., X2=. // Prothonotary I Edgar B. Bayley President Judge of the Ninth Judicial District, composed of the County of Cumberland, do certify that Curtis R. Long , by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, weal at t e time of so doing, and now is Prothonotary in and for said County of in JIU e acts as such full faith the Commonwealth of Pennsylvania, duly commissioned and qu d to a of w and credit are and ought to be given as well in Courts of Judi ure as else said record, certificate and attestation are in due form of law and made 4the or er office(. _ .. N'? VGLI President Judge Commonwealth of Pennsylvania County of Cumberland ss: 1, Oirtis R. Ong Prothonotary of the Court of Common Pleas in and for the said County, do certify that the Honorable Edgar B. Bayley by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this St-h ay of A. D. pc2008 Prothonotary b 0 s 0 0 o ? b o. ? ?sf rt1• ? d O d n 0 c I G 'Z o O ' M 1?P' r cr7 o o co H ? H o i I PYS511 Cumberland County Prothonotary's Office Page 1 Civil Case Print 2003-04035 SHEAFFER JEFFERY L SR (vs) SHEAFFER FAYE A Reference No..: Filed........: 8/18/2003 Case Type.....: COMPLAINT - DIVORCE nt Time.........: i 1:18 Judgme ..... 00 Execut on Date 0/00/0000 Judge Assigned: BAYLEY EDGAR B Jury Trial.... Disposed Desc.: GRANTED Disposed Date. 2/27/2008 ------------ Case Comments ------------- Higher Crt 1.: 534 MDA 2008 Higher Crt 2.: ******************************************************************************** General Index Attorney Info SHEAFFER JEFFERY L SR PLAINTIFF MIMNAUGH EDWARD J P 0 BOX 301 PORT ROYAL PA 17082 RR #1 BOX 400 -NEW ADDRESS SHEAFFER FAYE A DEFENDANT 6601 CARLISLE PIKE MECHANICSBURG PA 17050 ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 8/18/2003 COMPLAINT - DIVORCE - ADDL COUNT - EQUITABLE DISTRIBUTION ------------------------------------------------------------------- (p 8/18/2003 AFFIDAVIT OF NON MILITARY SERVICE ------------------------------------------------------------------- 7- 9 8/19/2003 AFFIDAVIT AND RETURN OF SERVICE FOR COMPLAINT BY ORRIS C KNEPP III ESQ ------------------------------------------------------------------- /Q 9/08/2003 PRAECIPE TO ENTER APPEARANCE FOR PLFF - BY CAROL J LINDSAY ESQ ------------------------------------------------------------------- fa./ 7 9/10/2003 PPETITION FOR ALIMONY PENDENTE LITE - BY CAROL J LINDSAY ESQ FOR -----------------------=------------------------------------------- /:5P 10/22/2003 ORDER - DATED 10/21/03 - ORDERED THAT THE ALIMONY PENDENTE LITE FILED ON 9/10/03 IN THE ABOVE CAPTIONED MATTER IS DISMISSED WITHOUT PREJUDICE DUE TO A SPOUSAL SUPPORT ORDER BEING ESTABLISHED ON 10/20/03 UNDER PACSES #879105665 AND DOCKETED AT NO 664 S 2003 - BY EDWARD E GUIDO J ---------------------------------------------------- / 10/24/2003 DEFENDANT'S PETITION FOR ALIMONY WITH PENDENTE LITE WITHOUT PREJUDICE - BY CAROL J LINDSAY ESQ ------------------------------------------------------------------- a0 04 - IN 1/29/2004 CORDER OURT'SFORD RT0' D/21%04/IS/AMENDED TO PERMITEPLFFFFAYE AESHEAFFRE THIS TO SUBMIT HER BREIFFF INN RESPONSE TO DEFT'S EXECTIONS 15 DAYS AFTER THE DATE OF SUBMISSION OF DEFT'S BRIEF - SEE ATTACHED LETTER - BY THE COURT J WESLEY OLER JR J COPIES MAILED ------------------------------------------------------------------- v?.3_j 7 4/08/2005 MOTION FOR LEAVE TO WITHDRAW APPEARANCE BY ORRIS C KNEPP III ESQ ------------------------------------------------------------------- ?a 4/12/2005 ORDER OF COURT - DATED 4/12105 - IN RE MOTION FOR LEAVE TO WITHDRAW APPEARANCE A RULE IS HEREBY ISSUED UPON PLFF AND DEFT TO SHOW CAUSE WHY THE RELIEF REQUESTED SHOULD NOT BE GRANTED - RULE RETURNABLE WITHIN 10 DAYS OF SERVICE - BY THE COURT J WELSEY OLER JR J COPIES MAILED ------------------------------------------------------------------- 5/02/2005 MOTION FOR ENTRY OF FINAL ORDER - BY ORRIS C KNEPP III ESQ ------------------------------------------------------------------- o?g 5/06/2005 ORDER - DATED 5/6/05 - IN RE MOTION FOR LEAVE TO WITHDRAW APPEARANCE FOR LEAVE TO WITHDRAW APPEARANCE THE LACK OF ANY RESPONSES THERETO FROM PLFF OR DEFT AND THIS COURT'S RULE TO SHOW CAUSE WHY THE RELIEF REQUESTED IN SAID MOTION SHOULD NOT BE GRANTED IT IS HEREBY ORDERED AND DECREED THAT ORRIS C KNEPP III ESQ AND THE LAW FIRM OF KNEPP & SNOOK SHALL BE PERMITTED TO WITHRAW AS COUNSEL FOR PLFF JEFFREY L SHEAFFER - BY THE COURT J WELSEY OLER JR J COPIES MAILED ------------------------------------------------------------------- 3a 8/05/2005 MOTION FOR APPOINTMENT OF DIVORCE MASTER - BY JEFFREY L SHEAFFER PYS511 Cumberland County Prothonotary's Office Page 2 Civil Case Print 2003-04035 SHEAFFER JEFFERY L SR (vs) SHEAFFER FAYE A Reference No..: Filed........: 8/18/2003 Case Type.....: COMPLAINT - DIVORCE Time.........: 1:18 Judgment.;... 00 Execution Date 0/00/0000 Judge Assigned: BAYLEY EDGAR B Jury Trial.... Disposed Desc.: GRANTED Disposed Date. 2/27/2008 ------------ Case Comments ------------- Higher Crt 1.: 534 MD 2008 Higher Crt 2.: ------------------------------------------------------------------- 3.1 8/09/2005 ORDER APPOINTING MASTER DATED 08-09-05 - E ROBERT ELICKER IS APPOINTED MASTER WITH RESPECT TO THE DIVORCE - ALIMONY - DISTRIBUTION OF PROPERTY CLAIMS - BY THE COURT GEORGE E HOFFER PJ - COPIES MAILED AND ORIG PLACED IN ELICKERS FILE ------------------------------------------------------------------- 31/-36 11/22/2005 PETITION TO COMPEL DISCOVERY - BY CAROL J LINDSAY ESQ FOR PLFF ------------------------------------------------------------------- 33 11/29/2005 ORDER OF COURT - DATED 11/28/05 - IN RE PETITOIN A RULE IS ISSUED UPON DEFT JEFFREY L SHEAFFER TO SHOW CAUSE WHY HE SHOULD NOT BE REQUIRED TO PRODUCE THE DOCUMENTS REQUESTED RULE RETURNABLE 10 DAYS FROM SERVICE HEREOF - BY THE COURT J WESLEY OLER JR J COPIES MAILED ------------------------------------------------------------------- 3 9'-, f 1/09/2006 PETITION TO COMPEL DISCOVERY BY CAROL J LINDSAY ESQ FOR PLFF ------------------------------------------------------------------- ?77 1/17/2006 ORDER OF COURT - DATED JANUARY 17 2006 - IN RE: PLAINTIFF'S PETITION TO COMPEL DISCOVERY - THh RULE ISSUED ON NOVEMBER 28, 2005 IS MADE ABSOLUTE AND DEFENDANT IS DIRECTED TO PRODUCE TO PLAINTIFF'S COUNSEL THE DOCUMENTS SOUGHT IN HER REQUEST FOR PRODUCTION OF DOCUMENTS WITHIN 20 DAYS OF THE DATE OF THIS ORDER BY THE COURT J WESLEY OLER JR J ------------------------------------------------------------------- 4S"41lo 2/22/2006 EDWARDPJ FOR ENTRESQF APPEARANCE FOR JEFFREY L SHEAFFER - BY MIMNAGH ------------------------------------------------------------------ y7- yy' 5/03/2006 PETITION-FOR ECONOMIC RELIEF - BY CAROL J LINDSAY ATTY ------------------------------------------------------------------- s(j 9/07/2007 AFFIDAVIT OF CONSENT - PLAINTIFF ------------------------------------------------------------------- 9/07/2007 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIV DECREE-PLFF ------------------------------------------------------------------- 9/07/2007 AFFIDAVIT OF CONSENT - DEFENDANT ------------------------------------------------------------------- S3 9/07/2007 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIV DECREE-DEFT ------------------------------------------------------------------- sy Jrs 11/27/2007 NOTICE OF FILING MASTER'S REPORT - BY ROBERT E ELICKER II DIVORCE MASTER ------------------------------------------------------------------- S(, 7,p 11/27/2007 MASTERS REPORT - PROCEEDINGS HELD 09-06-07 ------------------------------------------------------------------- 73- 7'112/06/2007 REQUEST FOR TRANSCRIPT TO TRACY COLYER COURT REPORTER OFFICE OF DIVORCE MASTER 9 N HANOVER ST CARLISLE - BY JOANNE HARRISON CLOUGH ATTY FOR PLFF ------------------------------------------------------------------- 7S-?012/06/2007 DIVORCEFMASTERE- BY EXPECETCLOUGHIATTYONS OF ---------- ------ ------------- ------------ -------------- ----------- ?/-/71,12/21/2007 TRANSCRIPT FILED - TRANSCRIPT PROCEEDINGS - BY E ROBERT ELICKER DIVORCE MASTER ------------------------------------------------------------------- 77 2/27/2008 DIVORCEMDECREE ENTERED BY EDGAR B BAYLEY J NOTICE ------------------------------------------------------------------- /7?_?3 2/27/2008 OPINION AND ORDER OF COURT - DATED 2/27/08 - IN RE EXCEPTIONS OF HUSBAND O DIVORCE MASTER'S REPORT - BY EDGAR B BAYLEY J - COPIES MAILED 227/08 ------------------------------------------------------------------- /g y,/99'3/24/2008 NOOTICE FOR OFAAPPEAALTOPLFFERIOR COURT - BY JOANNE HARRISON CLOUGH ------------------------------------------------------------------- 3/24/2008 NOTICE OF TRANSCRIPT PREVIOUSLY FILED - BY JOANN HARRISON CLOUGH ATTY FOR PLFF ------------------------------------------------------------------- _20/ -,)O a 3/26/2008 SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO #534 MDA 2008 ------------------------------------------------------------------- 4/08/2008 NOTICE OF DOCKET ENTRIES MAILED TO CAROL J LINDSAY ESQ AND JOANNE HARRISON CLOUGH ESQ ke_4er5, Pre -_r.;al wlemvranat um S; ExA."A,"fS PYS511 Cumberland County Prothonotary's Office Page 3 Civil Case Print 2003-04035 SHEAFFER JEFFERY L SR (vs) SHEAFFER FAYE A Reference No... Filed......... 8/18/2003 Case Type ..... . COMPLAINT - DIVORCE Time. .... . i D t 1.18 0 Judgment..... 00 on a e Execut 0/00/0 00 Judge Assigned: BAYLEY EDGAR B Jury Trial.... Disposed Desc.: GRANTED Disposed Date. i 2/27/2008 ------------ Case Comments ----------- -- H gher Crt 1.: 534 MD 2008 Higher Crt 2.: - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - * Escrow Information * Fees & Debits Beq Bal Pmts/Ad End Bal ******************************** ****** ** ****** **** *************** ************ DIVORCE 35.00 35.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 MASTER'S FEE 125.00 125.00 .00 DIV PA SURCHG 10.00 10.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 ADD'L COUNTS 10.00 10.00 .00 JCP FEE 10.00 10.00 .00 SUBPOENA 18.00 18.00 .00 APPEAL HIGH CT 48.00 48.00 .00 --------------- 276.50 --------- --- 276.50 --------- .00 * End of Case Information ***************** ************************************ *************** ************ TRUE' COPT( FROM RE ORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This ......6 ........ day of......., °3? Prothonotary Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 1013-10/99 10/1/99 a., Superior Court of Pennsylvania Karen Reid Bramblett, Esq. Middle District Prothonotary James D. McCullough, Esq. Deputy Prothonotary April 7, 2008 RE: Sheaffer, J. v. Sheaffer, F. No. 534 MDA 2008 Trial Court Docket Number: 03-4035 Dear : 100 Pine Street. Suite 400 Harrisbure. PA 17101 717-772-1294 www.superior.court.state.pa.us Enclosed please find a certified copy of an order dated April 7, 2008 entered in the above-captioned matter. Very truly yours, C.? "'?' "? James D. McCullough, Esq. Deputy Prothonotary KRC cc: Carol J. Lindsay, Esq. The Honorable Edgar B. Bayley President Judge Mr. Curtis R. Long Prothonotary No.: 534 MDA 2008 Carbon Copy Recipient List Addressed To: Joanne Harrison Clough, Esq. Clough, Joanne Harrison, P.C. 3820 Market Street Camp Hill, PA 17011 Carbon Copied: Carol J. Lindsay, Esq. Saidis, Flower & Lindsay 26 W High Street Carlisle, PA 17013-2922 Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 The Honorable Edgar B. Bayley President Judge Court of Common Pleas of Cumberland County Cumberland County Courthouse, One Courthouse Sq Carlisle, PA 17013 1013 -10/99 10/1/99 JEFFREY L. SHEAFFER, SR., IN THE SUPERIOR COURT Appellant OF PENNSYLVANIA V. FAYE A. SHEAFFER, Appellee 534 MDA 2008 ORDER AND NOW, this 7t" day of April, 2008, in view of the fact that this matter is before the Bankruptcy Court and has been granted an automatic stay pursuant to section 363 (a) of the Bankruptcy Code of 1978 (as amended), 11 U.S.C. § 362 (a), the above-captioned appeal is hereby DISMISSED without prejudice to file a petition for reinstatement of the appeal in the event such is necessary following conclusion of the bankruptcy proceedings. See 11 U.S.C. § 108 (c). Per Curiam TRUE COPY FROM RECORD attest: APR 0 7 2008 . Vic _. Deputy Prothono Superior Court of PA - Middle District 4-. co ? rA Joanne Harrison Clough, Esquire Attorney I.D. No. 36461 3 820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Facsimile: (717) 737-5892 Attorney for Plaintiff JEFFERY L. SHEAFFER, SR., Plaintiff V. FAYE A. SHEAFFER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4035 : CIVIL ACTION -LAW : IN DIVORCE PLAINTIFF JEFFERY L. SHEAFFER.SR's STATEMENT OF MATTERS COMPLAINED OF AND NOW, this 8t` day of April, 2008, comes the Appellant/Plaintiff Jeffery L. Sheaffer Sr. and files the following Statement of Matters Complained Of as follows: The trial court erred in awarding Wife receive 70% of the non disability portion of Husband's military pension and that Husband retain only 30% of his non disability portion of his military pension. 2. The trial court erred in failing to consider that the disability portion (non marital) of Husband's retirement can be re-evaluated and reduced at any time by the Veterans Administration causing a corresponding increase in the disposable retirement portion (marital)of Husband's pension. 3. The trial court erred in failing to consider or calculate the effect of Husband's future retirement from his civilian employment in its equitable distribution award. 4. The trial court erred in determining the present value of Husband's non marital disability portion of his retirement benefits to be $ 212,000.00 when the Veterans Administration by law can re-evaluate Plaintiff Husband's disability status at any time and decrease the 41, disability (non marital) portion of Husband's retirement causing a corresponding increase in the disposable retirement portion of his benefits. 5. The trial court erred in relying on a present value comparison of the marital and non marital portions of Husband's military retirement for a deferred distribution of the marital portion of those disability and retirement monies. 6. The trial court erred by failing to provide for a mechanism to adjust the percentage awarded to Wife of the disposable portion (marital) of Husband's military retirement in proportion to any future changes in the increase or decrease of the marital and disability portion of those monies. 7. The trial court erred when it distributed Wife 70% of Husband's disposable retirement in addition to the remaining property distributions in this case and based this award on the fact Husband is retaining the disability portion of Husband's military pension. 8. The trial court erred in awarding Wife 70% of Husband's disposable military retirement pay without any requirement for adjustment or recalculation if the percentage of Husband's disability pay (non marital) is decreased which percent decrease would cause the same percentage increase to the dollar amount of Husband's monthly disposable retirement (marital) pay. 10. The trial court erred in its equitable distribution award by failing to properly consider the effect of the phasing out of Husband's VA Waiver in future years. 11. The trial court committed an error of law and circumvented the law and in essence awarded Wife part of Husband's non marital disability pay by inflating Wife's percentage award of the marital portion of his military retirement to 70%. 12. The trial court erred in directing that Appellant/Plaintiff reimburse Wife for 50% of all actuarial services she incurred in this Divorce Action. Respectfully submitted, JOANNE HARRISON CLOUGH, PC Date: , Joanne Harrison Cloug ",squire Attorney ID No.: 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff Jeffrey L. Sheaffer, Sr. 0 PROOF OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date, I served a copy of the foregoing Superior Court of Pennsylvania Family & Domestic Docketing Statement on the following individuals by United States First Class Mail (unless otherwise indicated) to the following individuals set forth below: Defendant Fay A. Sheaffer c/oCarol J. Lindsay, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Counsel for the Defendant Appellee Fay A. Sheaffer Service by U.S. Mail The Honorable Edgar B. Bayley, J. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Service by Hand Delivery Brian J. Tyler, Esquire Pa. Id. No. 77958 3621 North Front Street Harrisburg, PA 17110 Bankruptcy Counsel for Appellant Jeffrey J Service by U.S. Mail Date: -, % !0 9 Sheaffer, Sr. Joanne Hamson Clough, Attorney ID No. 36461 3 820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff/Appellant Jeffrey L, Sheaffer, Sr. s. f'T . ? 1 CO > ice.- W -404 FAYE A. SHEAFFER, Plaintiff V. JEFFREY L. SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-4035 IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes Faye A. Sheaffer by and through her counsel, Saidis, Flower & Lindsay and petitions this Honorable Court as follows: 1. The parties hereto were joined in marriage on August 13, 1977. 2. After separation, Petitioner sought child support and spousal support. An Order for both was entered in the Office of Domestic Relations to docket number 00664 S 2003. 3. On December 14, 2005, the Support Order was amended so that spousal support was payable in the amount of $428.51. A copy of the Court's Order of December 14, 2005 is attached hereto as Exhibit "A". 4. The parties were divorced by Decree of this Honorable Court on February 27, 2008. A copy of the Decree in Divorce is attached hereto as Exhibit "B". Incorporated but not merged in the Decree in Divorce was an Order for Equitable Distribution requiring Respondent to pay to Petitioner $836.19 per month as her share of his pension. 5. Respondent made a payment to Petitioner representing her share of the FW RIS,& IJT DMs" 26 West High Street Carlisle, PA pension in March. 6. On or about February 29, 2008, Respondent's Order of Spousal Support was terminated since the parties were divorced. 7. On March 24, 2008, Respondent filed a Notice of Appeal of the Decree in Divorce and order of equitable distribution and order for economic relief to the Superior Court of the Commonwealth. A copy of the Notice of Appeal is attached hereto as Exhibit "C". 8. On March 28, 2008, Respondent filed a Petition under Chapter 13 of the Bankruptcy Code, seeking to discharge his obligation to pay Petitioner a portion of his pension. 9. On April 7, 2008, the Superior Court dismissed the appeal with leave to refile once the bankruptcy case was resolved. Attached hereto as Exhibit "D" is a copy of the Order of the Superior Court. 10. Pending the determination of the Bankruptcy Court, Petitioner is entitled to alimony pendente lite. WHEREFORE, Petitioner prays this Honorable Court to continue Respondent's obligation of spousal support through the pending appeal. SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, squire Supreme Court-ID No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 FLOWER & LINDSAY 26 West High Street Carlisle, PA I DEC 8 0 W In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 DECEMBER 14, 2005 CAROL J. LINDSAY, ESQ. C/O SAIDIS, SNUFF, FLOWER, AND LINDSAY 26 W HIGH ST CARLISLE PA 17013-2922 Distribution Cover Letter Plaintiff Name: FAYE A. SHEAFFER Defendant Name: JEFFERY L. SHEAFFER PACSES Case Number: 879105665 Please note: All correspondence must include the PACSES Case Number. Dear CAROL J. LINDSAY, ESQ. Please note the attached document and/or correspondence. This information is being sent to update you on the above captioned case. Sincerely, TIMOTHY J. CORRELL Form CM-520 Service Type M Worker ID 21104 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION FAYE A. S HEAFFER ) Order Number 0 0 6 6 4 S 2003 Plaintiff ) VS. ) PACSES Case Number 879105665 JEFFERY L. SHEAFFER ) Docket Number 0 0 6 6 4 S 2003 Defendant ) Other State ID Number ORDER OF COURT Q Final ® Interim O Modified AND NOW, 14TH DAY OF DECEMBER, 2005 based upon the Court's determination that the Payee's monthly net income is $ 1, 563.71 and the Payor's monthly net income is $ 3,706.32 , it is hereby ordered that the Payor pay to the Pennsylvania State Collection and Disbursement Unit one thousand three hundred eighty five and eighteen Dollars ($1, 385.18 ) a month payable bi-weekly as follows: first payment due in the amount of $639.31. The effective date of the order is 11/08/05 . Arrears set at $ 2158. 06 as of DECEMBER 14, 2 o o 5 are due in full IMMEDIATELY. All terms of this Order are subject to collection and/or enforcement by contempt proceedings, credit bureau reporting, tax refund offset certification, driver's license revocation, and the freeze and seize of financial assets. These enforcement/collection mechanisms will not be initiated as long as obligor does not owe overdue support. Failure to make each payment on time and in full will cause all arrears to become subject-,p immaliate 0 collection by all the means listed above. r`l rn r n For the Support of: ? o - Name Bfirtlr te _ FAYE ARLENE SHEAFFER 0 7 W TAMMY FAYE SHEAFFER 0 7 / 9 0 ?Cn O Form OE-518 Service Type M Worker ID 21104 SHEAFFER V. SHEAFFER The defendant owes a total of $ 1, 3 8 5.18 PACSES Case Number: 8 7 910 5 6 6 5 per month payable bi-weekly $ 1,285.18. for current support and $ 1 o o . o o for arrears. The defendant must also pay fees/costs as indicated below. This order is allocated and monies are to be applied as follows: Frequency Codes: Payment Amount/ $ 570.91 /M $ 714.27 /M $ 0.00 I $ 0.00 / $ 0.00 / $ 0.oo / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 1 $ 0.00 / 1 =One Time B =Biweekly 2 =Bi-Monthly M =Monthly 5 =Semi-Annually S =Semi Monthly A =Annually W =Weekly $en fi.i a SPOUSAL SUPPORT FAYE ARLENE SHEAFFER CHILD SPT ALLOC TAMMY FAYE SHEAFFER Said money to be turned over by the Pa SCDU to: Q = Quarterly FAYE ARLENE SHEAFFER . Payments must be made by check or money order. All checks and money orders must be made payable to Pa SCDU and mailed to: Pa SCDU P.O. Box 69110 Harrisburg, Pa 17106-9110 Payments must include the defendant's PACSES Member Number dr Social Security Number in order to be processed. Do not send cash by mail. Page 2 of 4 Form OE-518 Service Type M Worker ID 21104 SHEAFFER V. SHEAFFER PACSES Case Number: 879105665 Unreimbursed medical expenses that exceed $250.00 annually per child and/or spouse are to be paid as follows: 7 0 % by defendant and 3 0 % by plaintiff. The plaintiff is responsible to pay the first $250.00 annually (per child and/or spouse) in unreimbursed medical expenses. O Defendant & Plaintiff O Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the ®Plaintiff O Defendant shall submit to the person having custody of the child(ren) written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of : 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. Other Conditions: THIS ORDER IS ALLOCATED AS FOLLOWS... CHILD SUPPORT $714.27 SPOUSAL SUPPORT $428.50 MORTGAGE $142.41 Defendant shall pay the following fees: Fee Total Fee Description $ 0.00 for JUDICIAL COMPUTER FEE $ 0.00 for COURT COSTS $ 0.00 for $ 0.00 for $ 0.00 for PUment Frequency Payable at $ o . 0 o per MONTH Payable at $ 0 . 0 0 per MONTH Payable at $ 0 . o o per Payable at $ 0.0 0 per Payable at $ o . 0 0 per Service Type M Page 3 of 4 Form OE-518 Worker ID 21104 SHEAFFER V. SHEAFFER PACSES Case Number: 879105665 IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAYBE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED that, upon payor's failure to comply with this order, payor may be arrested and brought before the Court for a Contempt hearing; payor's wages, salary, commissions, and/or income may be attached in accordance with law; this Order will be increased without further hearing by o % a month until all arrearages are paid in full. Payor is responsible for court costs and fees. Copies delivered to parties - Date Consented: Plaintiff Plaintiff s Attorney Defendant Defendant's Attorney BY T CO T• A Judge Page 4 of 4 Form OE-518 Service TVDe M Worker ID 21104 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION PACSES Case Number: 879105665 Docket Number: 00664 S 2003 Other State ID Number: Please note: All correspondence must include the PACSES Case Number. DECEMBER 14, 2005 SUMMARY OF TRIER OF FACT Plaintiff Information Defendant Information FAYE A. SHEAFFER JEFFERY L. SHEAFFER Address: 6601 CARLISLE PIKE MECHANICSBURG PA 17050-1707 Employer: Address: RR 1 BOX 440 PORT ROYAL PA 17082-9726 Employer: THE FROG SWITCH & MFG CO 600 E HIGH ST PO BOX 70 CARLISLE PA 17013-0070 Attorney: CAROL J. LINDSAY, ESQ. Attorney: ? Complaint for Support ® Petition for Modification Filed -ii/o8/o-5 ? Other Reason for Conference: Defendant filed for a decrease due to a change in income from old employer to the new one. Dependent(s) TAMMY FAYE SHEAFFER 07/17/90 228-63-3060 Current Order: $1,215.64 / per month Form CM-022 v 1 Wnrl-pr TTl 7-1 -1 nn SHEAFFER V. SHEAFFER PACSES Case Number: 8 7 910 5 6 6 5 Plaintiff Information Defendant Information Current Income: $9.27 per hour 80 hours bi-weekly $19.75 per hour 80 hours bi-weekly earning capacity VA waiver $607.50 per month Taxable income from VA $770.50 net income per month $1,563.71 net income per month $3,706.32 Tax Return: married separated with 2 exemptions married separated with 1 exemption EIC $1,760.00 CCTC $817.20 Medical Coverage: $460.00 for medical $0.00 cost $682.50 for dental and vision Child Care/Tuition: none Additional Obligations: $810.65 month for mortgage $150.78 month for 2nd mortgage Other Information: The plaintiff's income is based on her current emnlovment. The defendant is assigned an earning capacity due to the fact that he voluntarily quite a higher paying job. He claims that it was due to problems with his supervisor. Fry Communication dealt with this issue in July 2004 and have no record of any additional altercation filed by the defendant. The current income of the deft is actually $15.72 per hour 40 hours per week plus overtime. Page 2 of 3 Form CM-022 vl CPruinp TvnP %a WnrlraY U'S ^ , , n A SHEAFFER V. SHEAFFER PACSES Case Number: 879105665 Other Information (continued): Facts Agreed Upon: Both parties present The defendant we pro se and the plaintiff had legal counsel resent Facts in Dispute and Contentions with Respect to Facts in Dispute: Guideline Amount: $ 1, 2 85.18 / month DRS Recommended Amount: $ 1,285.18 / month + $100.00 OOA DRS Recommended Order Effective Date: November 8. 2005 Parties to be Covered by Recommended Order Amount: one child and plaintiff. Guideline Deviation: Q YES or @ NO Reason for Deviation: Submitted by: CHARLES CAROTHERS Date Prepared: DECEMBER 14, 2005 Page 3 of 3 Form CM-022 v1 Service Type M Worker ID 21104 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240.6248 Plaintiff Name: FAYE A. SHEAFFER . Defendant Name: JEFFERY L. SHEAFFER Docket Number: 00664 S 2003 PACSES Case Number: 879105665 Other State ID Number: Please note: All correspondence must include the PACSES Case Number. Support Guideline Calculation CHILD SUPPORT 1. Number of Dependents in this Case 2. Total Gross Monthly Income 3. Less Monthly Deductions 4. Monthly Net Income 5. Combined Total Monthly Net Income 6. Plus Monthly Social Security Benefit for Child/Children 7. Adjusted Monthly Net Income 8. Basic Child Support Obligation 9. Basic Child Support Less Monthly Social Securit Benefit for Child/Children 10. Net Income as Percentage of Combined Amount 11. Each Parent's Monthly Share of the Basic Child Support Obligation 12. Adjustment for Shared Custody 13. Adjustment for Child Care Expenses 14. Adjustment for Health Insurance Premiums 15. Adjustment for Unreimbursed Medical Expenses 16. Adjustment for Additional Expenses 17. Total Obligation with Adjustments 18. Less Split Custody Counterclaim 19. Obligor's Support Obligation Service Type M Defendant Plai tiff 00 $ 4,801.33 $ 1,095.01 $ 3.706.32 01 $ 1,674.90 $ 111.19 $ 1,$63.71 $ 5,270.03 $ 5,270.03 $ 968.00 $ 968.00 70.33 %- $ 680.79 29.67 %- $ 287.21 $ 33.48 $ 74.27 $ 0.00 $ 714.27 Form OE-019 Worker ID 21104 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Plaintiff Name: FAYE A. SHEAFFER Defendant Name: JEFFERY L. SHEAFFER Docket Number: 00664 S 2003 PACSES Case Number: 879105665 Other State ID Number: Please note: All correspondence must include the PACSES Case Number. Spousal Support Guideline Calculation with Dependent Children 1. Obligor's Monthly Net Income $ 3,706.32 2. Less All Other Support $ 0.00 3. Less Obligee's Monthly Net Income $ 1,563.71 4. Difference $ 2,142.61 5. Less Child Obligation for Current Action $ 714.27 6. Income Available for Spousal $ 1,428.34 7. Multiply by 30% 30% 8. Amount of Basic Spousal Support $ 428.50 9. Adjustment for Mortgage $ 142.41 10 . Total Monthly Spousal Support $ 570.91 Spousal Support Guideline Calculation without Dependent Children 1. Obligor's Monthly Net Income $ 2. Less All Other Support $ 3. Less Obligee's Monthly Net Income $ 4. Difference $ 5. Multiply by 40% 409o 6. Amount of Basic Spousal Support $ 7. Adjustment for Other Expenses $ 8. Total Monthly Spousal Support $ Form OE-523 Service Type M Worker ID 21104 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION FAYE A. SHEAFFER ) Docket Number 00 64 S 2003 Plaintiff ) vs. ) PACSES Case Number 8 7 10 5 6 65 JEFFERY L. SHEAFFER ) Defendant ) Other State ID Number NOTICE OF RIGHT TO REQUEST A HEARING The parties are hereby advised that they have until DECEMBER 26, 2005 to request a hearing de novo before the Court. File requests in person at: DOMESTIC RELATIONS SECTION 13 NORTH HANOVER STREET CARLISLE PA 17013 or mail to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Form OE-522 Service Type M Worker ID 21208 IN THE CO<T OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. -r7P7 P'WV 7, q'HRAFFER. SR. , PLAINTIFF VERSUS FAYE A. SHEAFFER, DEFENDANT No. DECREE IN DIVORCE 03-9035 CIVIL TERM AND NOW, W- \ ?? f w IT IS ORDERED AND JEFFREY L. SHEAFFER, SR. DECREED THAT , PLAINTIFF, AND FAYE A. SHEAFFER 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 BY THE C ATTEST: L J PROTHONOTARY Joanne Harrison Clough, Esquire Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Facsimile: (717) 737-5892 Attorney for Plaintiff JEFFERY L. SHEAFFER, SR, Plaintiff V. FAYE A. SHEAFFER, Defendant C. C D T I c N) _ - ? p C? : IN THE COURT OF COMMON PLE : CUMBERLAND COUNTY, PENNSYL ANIAS NO. 03-4035 CIVIL ACTION -LAW IN DIVORCE NOTICE OF APPEAL Notice is hereby given that Jeffrey L. Sheaffer, Sr., the above named Plaintiff, hereby appeals to the Superior Court of Pennsylvania from the Order entered in this matter on the 27 h day of February, 2008 denying Plaintiff s Exceptions to the Divorce Master's Report and Recommendations. This Order has been entered in the docket as evidenced by the attached copy of the docket. submitted, By: I ? Joanne Harrison C ough, Es Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Facsimile: (717) 737-5892 Date: Attorney for Appellant/Plaintiff PYS511 Cumberland County Prothonotary's Office Page 1 Civil Case Print 2003-04035 SHEAFFER JEFFERY L SR (vs) SHEAFFER FAYE A Reference No... Filed......... 8/18/2003 Case Ty e..... COMPLAINT - DIVORCE Time.........: 1:18 Judgmenf...... 00 Execution Date 0/00/0000 Judge Assigned: BAYLEY EDGAR B Jury Trial.... Disposed Desc.: GRANTED Disposed Date. 2/27/2008 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info SHEAFFER JEFFREY L SR PLAINTIFF MIMNAUGH EDWARD J P 0 BOX 301 PORT ROYAL PA 17082 RR #1 BOX 400 -NEW ADDRESS SHEAFFER FAYE A DEFENDANT 6601 CARLISLE PIKE MECHANICSBURG PA 17050 ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 8/18/2003 COMPLAINT - DIVORCE - ADDL COUNT - EQUITABLE DISTRIBUTION ------------------------------------------------------------------- 8/18/2003 AFFIDAVIT OF NON MILITARY SERVICE ------------------------------------------------------------------- 8/19/2003 AFFIDAVIT AND RETURN OF SERVICE FOR COMPLAINT BY ORRIS C KNEPP III ESQ ------------------------------------------------------------------- 9/08/2003 PRAECIPE TO ENTER APPEARANCE FOR PLFF - BY CAROL J LINDSAY ESQ ------------------------------------------------------------------- 9/10/2003 PETITION FOR ALIMONY PENDENTE LITE - BY CAROL J LINDSAY ESQ FOR PLFF ------------------------------------------------------------------- 10/22/2003 ORDER - DATED 10/21/03 - ORDERED THAT THE ALIMONY PENDENTE LITE FILED ON 9/10/03 IN THE ABOVE CAPTIONED MATTER IS DISMISSED WITHOUT PREJUDICE DUE TO A SPOUSAL SUPPORT ORDER BEING ESTABLISHED ON 10/20/03 UNDER PACSES #879105665 AND DOCKETED AT NO 664 S 2003 - BY EDWARD E GUIDO J ------------------------------------------------------------------- 10/24/2003 DEFENDANT'S PETITION FOR ALIMONY WITH PENDENTE LITE WITHOUT PREJUDICE - BY CAROL J LINDSAY ESQ ------------------------------------------------------------------- 1/29/2004 ORDER OF COURT - DATED 1/28/04 - IN RE AGREEMENT OF COUNSEL THIS COURT'S ORDER OF 1/21/04 IS AMENDED TO PERMIT PLFF FAYE A SHEAFFRE TO SUBMIT HER BREIF IN RESPONSE TO DEFT'S EXECTIONS 15 DAYS AFTER THE DATE OF SUBMISSION OF DEFT'S BRIEF - SEE ATTACHED LETTER - BY THE COURT J WESLEY OLER JR J COPIES MAILED ------------------------------------------------------------------- 4/12/2005 ORDER OF COURT - DATED 4/12/05 - IN RE MOTION FOR LEAVE TO WITHDRAW APPEARANCE A RULE IS HEREBY ISSUED UPON PLFF AND DEFT TO SHOW CAUSE WHY THE RELIEF REQUESTED SHOULD NOT BE GRANTED - RULE RETURNABLE WITHIN 10 DAYS OF SERVICE - BY THE COURT J WELSEY OLER JR J COPIES MAILED ------------------------------------------------------------------- 5/02/2005 MOTION FOR ENTRY OF FINAL ORDER - BY ORRIS C KNEPP III ESQ ------------------------------------------------------------------- 5/06/2005 ORDER - DATED 5/6/05 - IN RE MOTION FOR LEAVE TO WITHDRAW APPEARANCE FOR LEAVE TO WITHDRAW APPEARANCE THE LACK OF ANY RESPONSES THERETO FROM PLFF OR DEFT AND THIS COURT'S RULE TO SHOW CAUSE WHY THE RELIEF REQUESTED IN SAID MOTION SHOULD NOT BE GRANTED IT IS HEREBY ORDERED AND DECREED THAT ORRIS C KNEPP III ESQ AND THE LAW FIRM OF KNEPP & SNOOK SHALL BE PERMITTED TO WITHRAW AS COUNSEL FOR PLFF JEFFREY L SHEAFFER - BY THE COURT J WELSEY OLER JR J COPIES MAILED ------------------------------------------------------------------- 8/05/2005 MOTION FOR APPOINTMENT OF DIVORCE MASTER - BY JEFFREY L SHEAFFER SR ------------------------------------------------------------------- 8/09/2005 ORDER APPOINTING MASTER DATED 08-09-05 - E ROBERT ELICKER IS PYS511 Cumberland County Prothonotary's Office Page Civil Case Print 2003-04035 SHEAFFER JEFFERY L SR (vs) SHEAFFER FAYE A Reference No..: Filed........: 8/18/2003 Case Type ..... : COMPLAINT - DIVORCE Time.........: 1:18 .Judgment..... 00 Execution Date 0/00/0000 Judge Assigned: BAYLEY EDGAR B Jury Trial.... Disposed Desc.: GRANTED Disposed Date. 2/27/2008 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: APPOINTED MASTER WITH RESPECT TO THE DIVORCE - ALIMONY - DISTRIBUTION OF PROPERTY CLAIMS - BY THE COURT GEORGE E HOFFER PJ - COPIES MAILED AND ORIG PLACED IN ELICKERS FILE ------------------------------------------------------------------- 11/22/2005 PETITION TO COMPEL DISCOVERY - BY CAROL J LINDSAY ESQ FOR PLFF ------------------------------------------------------------------- 11/29/2005 ORDER OF COURT - DATED 11/28/05 - IN RE PETITION A RULE IS ISSUED UPON DEFT JEFFREY L SHEAFFER TO SHOW CAUSE WHY HE SHOULD NOT BE REQUIRED TO PRODUCE THE DOCUMENTS REQUESTED RULE RETURNABLE 10 DAYS FROM SERVICE HEREOF - BY THE COURT J WESLEY OLER JR J COPIES MAILED ------------------------------------------------------------------- 1/09/2006 PETITION TO COMPEL DISCOVERY - BY CAROL J LINDSAY ESQ FOR PLFF ------------------------------------------------------------------- 2/22/2006 PRAECIPE FOR ENTRY OF APPEARANCE FOR JEFFREY L SHEAFFER - BY EDWARD J MIMNAGH ESQ ------------------------------------------------------------------- 5/03/2006 PETITION FOR ECONOMIC RELIEF - BY CAROL J LINDSAY ATTY ------------------------------------------------------------------- 9/07/2007 AFFIDAVIT OF CONSENT - PLAINTIFF ------------------------------------------------------------------- 9/07/2007 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIV DECREE-PLFF ------------------------------------------------------------------- 9/07/2007 AFFIDAVIT OF CONSENT - DEFENDANT ------------------------------------------------------------------- 9/07/2007 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIV DECREE-DEFT ------------------------------------------------------------------- 11/27/2007 NOTICE OF FILING MASTER'S REPORT - BY ROBERT E ELICKER II DIVORCE MASTER ------------------------------------------------------------------- 11/27/2007 MASTERS REPORT - PROCEEDINGS HELD 09-06-07 ------------------------------------------------------------------- 12/06/2007 REQUEST FOR TRANSCRIPT TO TRACY COLYER COURT REPORTER OFFICE OF DIVORCE MASTER 9 N HANOVER ST CARLISLE - BY JOANNE HARRISON CLOUGH ATTY FOR PLFF ------------------------------------------------------------------- 12/06/2007 PLAINTIFF'S EXPECETIONS TO THE REPORT OF DIVORCE MASTER - BY JOANNE HARRISON CLOUGH ATTY FOR PLFF ------------------------------------------------------------------- 12/21/2007 TRANSCRIPT FILED - TRANSCRIPT PROCEEDINGS - BY E ROBERT ELICKER DIVORCE MASTER ------------------------------------------------------------------- 2/27/2008 DIVORCE DECREE ENTERED BY EDGAR B BAYLEY J NOTICE MAILED ------------------------------------------------------------------- 2/27/2008 OPINION AND ORDER OF COURT - DATED 2/27/08 - IN RE EXCEPTIONS OF HUSBAND TO DIVORCE MASTER'S REPORT - BY EDGAR B BAYLEY J - COPIES MAILED 2/27/08 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Beq*Bal***Pmts/Ad? End Bal ******************************** **** ****** ******************************* DIVORCE 35.00 35.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 MASTER'S FEE 125.00 125.00 .00 DIV PA SURCHG 10.00 10.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 ADD'L COUNTS 10.00 10.00 .00 JCP FEE 10.00 10.00 .00 SUBPOENA 18.00 -------------- 18.00 .00 228.50 ---------- --- 228.50 --------- .00 2 ******************************************************************************** PYS511 Cumberland County Prothonotary's Office Page Civil Case Print 2003-04035 SHEAFFER JEFFERY L SR (vs) SHEAFFER FAYE A Reference No. Filed....... 8/18/2003 Case Tye...... COMPLAINT - DIVORCE Time. 1.18 Judgmen .... 00 Execution Date 0/00/0000 Judge Assigned: BAYLEY EDGAR B Jury Trial.... Disposed Desc.: GRANTED Disposed Date. 2/27/2008 ------------ Case Comments ------------- Higher Crt 1.: * End of Case Information Higher Crt 2.: TRIJEC COPY in T<:stimony whereof, I h&re unto set rty hanr and the seal of said Court at Carlisle, Pa. This day of.... 84.4 • ? .... ? .:. ..::? .:?f`-`?•.... ' ... ................ Prothonotary Joanne Harrison Clough, Esquire Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5840 Counsel for Plaintiff Appellant JEFFREY L. SHEAFFER, SR., Plaintiff V. FAYE A. SHEAFFER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4035 CIVIL ACTION -LAW IN DIVORCE PROOF OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date, I served a copy of the foregoing Notice of Appeal on the following individuals by United States First Class Mail (unless otherwise indicated) to the following individuals set forth below: Defendant Fay A. Sheaffer c/oCarol J. Lindsay, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Counsel for the Defendant Appellee Fay A. Sheaffer The Honorable Edgar B. Bayley, J. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Service by Hand Delivery Date:'; - 2_01__ J) / Traci J. Coyler Official Stenographer Office of Divorce Master 9 N. Hanover Street Carlisle, PA 17013 Melissa Calvanelli Acting Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Service by )land Delivery Joanne Harrison Clough, Esquie? Attorney ID No. 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff/Appellant Jeffrey L, Sheaffer, Sr. Karen Reid Bramblett, Esq. Prothonotary James D. McCullough, Esq. Deputy Prothonotary ? w Superior Court of Pennsylvania Middle District April 7, 2008 RE: Sheaffer, J. v. Sheaffer, F. No. 534 MDA 2008 Trial Court Docket Number: 03-4035 Dear : 100 Pine Street. Suite 400 Flarrisbure. PA 17101 717-772-1294 www.superior.court.state.pa.us Enclosed please find a certified copy of an order dated April 7, 2008 entered in the above-captioned matter. Very truly yours, James D. McCullough, Esq. Deputy Prothonotary KRC cc: Carol J. Lindsay, Esq. The Honorable Edgar B. Bayley President Judge Mr. Curtis R. Long Prothonotary No.: 534 MDA 2008 Carbon Copy Recipient List Addressed To: Joanne Harrison Clough, Esq. Clough, Joanne Harrison, P.C. 3820 Market Street Camp Hill, PA 17011 Carbon Copied: Carol J. Lindsay, Esq. Saidis, Flower & Lindsay 26 W High Street Carlisle, PA 17013-2922 Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 The Honorable Edgar B. Bayley President Judge Court of Common Pleas of Cumberland County Cumberland County Courthouse, One Courthouse Sq Carlisle, PA 17013 1013 -10/99 10/1/99 JEFFREY L. SHEAFFER, SR., V. FAYE A. SHEAFFER, Appellant Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA 534 MDA 2008 ORDER AND NOW, this 7t" day of April, 2008, in view of the fact that this matter is before the Bankruptcy Court and has been granted an automatic stay pursuant to section 363 (a) of the Bankruptcy Code of 1978 (as amended), it U.S.C. § 362 (a), the above-captioned appeal is hereby DISMISSED without prejudice to file a petition for reinstatement of the appeal in the event such is necessary following conclusion of the bankruptcy proceedings. See 11 U.S.C. § 108 (c). Per Curiam TRUE COPY FROM RECORD Attest: APR 0 7 2008 444t1k V! C '?- Deputy Prothonotary Superior Court of PA - Middle District CERTIFICATE OF SERVICE On the q day of April, 2008, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, addressed as follows and via facsimile: Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, PA 17011 SAIDIS, F ER SAY I / /G s7 Carol J. Linds 3jbire Supreme CoLdX No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 FLOWER ? LINDSAY 26 West High Street Carlisle, PA DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER: FAYE A. SHEAFFER DOB: JANUARY 27, 1956 SSN: 202-46-5816 ADDRESS: 6601 CARLISLE PIKE, MECHANICSBURG, PA 17050 PHONE: 717-795-9298 ATTORNEY: CAROL J. LINDSAY, ESQUIRE PETITIONERS EMPLOYMENT: COMPASS GROUP HOW LONG? NET PAY: JOB TITLE: FOOD SERVICES OTHER INCOME: RESPONDENT: JEFFERY L. SHEAFFER, SR. DOB: AUGUST 14, 1956 SSN: 168-48-4952 ADDRESS: RR1, Box 400, PORT ROYAL, PA 17082 PHONE: ATTORNEY: JOANNE CLOUGH, ESQUIRE RESPONDENTS EMPLOYMENT: HOW LONG? SAIDIS, FW)VM & LINDSAY 26 West High Street Carlisle, PA NET PAY: JOB TITLE: OTHER INCOME: WHEN MARRIED: AUGUST 13, 1977 WHERE: DATE SEPARATED: WHERE LAST LIVED TOGETHER: 6601 CARLISLE PIKE, MECHANICSBURG, PA 17050 FOR DRS INFORMATION ONLY n w ca u... } IP T 4 70 CP 1 A? V f In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION FAYE A. SHEAFFER ) Docket Number 03-4035 CIVIL Plaintiff ) vs. ) PACSES Case Number 330105801 JEFFERY L. SHEAFFER ) Defendant ) Other State ID Number ORDER OF COURT You, JEFFERY LYNN SHEAFFER plaintiff/defendant of RR 1 BOX 400, PORT ROYAL, PA. 17082-9723 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the MAY 27, 2008 at 8 : 3 OAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 21302 { SHEAFFER v• SHEAFFER PACSES Case Number: 330105801 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: _ n JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, 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 CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type; M Page 2 of 2 Form CM-509 Rev. 1 Worker ID 21302 R ?y In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION FAYE A. SHEAFFER ) Docket Number 03-4035 CIVIL Plaintiff ) vs. ) PACSES Case Number 330105801 JEFFERY L. SHEAFFER Defendant ) Other State ID Number ORDER OF COURT You, FAYE ARLENE SHEAFFER 6601 CARLISLE PIKE, MECHANICSBURG, PA. 17050-1707-01 are ordered to appear at DOMESTIC RELATIONS HEARING RM plaintiff/defendant of DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the MAY 27, 2008 at 8: 3 OAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 21302 I SHEAFFER. v. SHEAFFER PACSES Case Number: 330105801 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: 5_=? Y T?c"'Jg"_ JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, 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 CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 2 4 0 - 6 2 2 5 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Rev. I Service Type M Worker ID 21302 JEFFERY L. SHEAFFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION FAYE A. SHEAFFER, : PACSES NO. 330105801 Defendant/Petitioner : DOCKET NO. 2003-4035 CIVIL INTERIM ORDER OF COURT AND NOW, this 26th day of June, 2008, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: The Wife's petition for alimony pendent elite is dismissed without prejudice to refile yin the event the Husband files a petition with the Superior Court to reinstate his appeall. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSIONS, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE FOR COURT COSTS AND FEES. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(1), Pa. R.C.P. If written exceptions are tiled by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. e Court, + G ?1 Edgar B. Bayley, J. Cc: Jeffery L. Sheaffer Faye A. Sheaffer Carol J. Lindsay, Esquire For the Defendant/Petitioner Nora F. Blair, Esquire For the Plaintiff/Respondent DRO JEFFERY L. SHEAFFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION FAYE A. SHEAFFER, : PACSES NO. 330105801 Defendant/Petitioner : DOCKET NO. 2003-4035 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on June 25, 2008, the following report and recommendation are made: FINDINGS OF FACT 1. The Petitioner is Faye A. Sheaffer, who hereafter will be referred to as "the Wife." 2. The Respondent is Jeffrey L. Sheaffer, who hereafter will be referred to as "the Husband." 3. "Stipulations of Counsel" are attached hereto as Exhibit "A" and are incorporated herein as if set forth in their entirety.2 DISCUSSION Alimony pendente lite is defined as "alimony or maintenance 'pending litigation' and is payable during the pendency of a divorce proceeding so as to enable a dependent spouse to proceed with or defend against the action." Jane v. Jayne, 663 A.2d 169, 176 (Pa. Super. 1995). In discussing the duration of an award of alimony pendente lite, the Superior Court in Haentjen s v. Haendi , 860 A.2d 1056, 1062 (Pa. Super. 2004) stated that: While APL typically ends at the award of the divorce decree, which also should be the point at which equitable distribution has been determined, if an appeal is pending on matters of equitable distribution, despite the entry of the decree, APL will continue throughout the appeal process and any remand until a final Order has been entered. Pa. R.C.P. 1950.31(d) provides that: "[u]pon entry of a decree in divorce, any existing order for spousal support shall be deemed an order for alimony pendente lite if any economic claims remain pending." An order of spousal support was in effect on February 27, 2008 when the Divorce Decree was entered. The Husband filed an appeal with the Superior Court on March 24, Procedurally the "hearing de novo" before this Master was conducted with the agreement of counsel by stipulation of facts, briefs, and oral argument. No record hearing was conducted. Counsel erroneously reversed the parties on said "Stipulations." EXHIBIT " A" 2008. On October 7, 2008, however, the Superior Court entered an order whereby the Husband's appeal was "dismissed without prejudice to file a petition for reinstatement of the appeal in the event such is necessary following conclusion of the bankruptcy proceedings." The Wife argues that a final order has not been entered in the divorce action because there is a possibility that the Husband may file a petition for reinstatement of his appeal. The Husband argues, however, that at the present time no appeal is pending and that the entry of an award of alimony pendente lite would be improper. Neither party has offered any case law directly on point. In the opinion of this Master, it would be improper to enter an award of APL on the possibility that an appeal may be filed in the future. A better course of action would be dismissal of the petition without prejudice to refile in the event that the Husband does file a petition with the Superior Court to reinstate his appeal. RECOMMENDATION The Wife's petition for alimony pendent elite is dismissed without prejudice to refile in the event the Husband files a petition with the Superior Court to reinstate his appeal. Date Michael R. Rundle Support Master 2 1 r FAYE A. SHEAFFER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2003-4035 JEFFERY L. SHEAFFER, 330105801 Defendant IN DIVORCE STIPULATIONS OF COUNSEL Counsel for the parties stipulate as follows with regard to the Petition for Alimony Pendente Lite filed by Plaintiff Faye A. Sheaffer: 1. On August 13, 1977, the parties hereto were married. Three children were born of the marriage, two of whom are emancipated. The last child will graduate in June 2009 and will be 18 years of age on July 17, 2008. The parties separated on or about July 20, 2003. 2. On July 29, 2003, Plaintiff Faye Sheaffer, hereinafter "Faye" filed for spousal and child support (PACSES Number 879105665)- 3. On May 14, 2005, the Court entered the most recent Support Order before the Modification Petition filed on February 27, 2008. It called for child support in the amount of $714.27 and spousal support in the amount of $570.91. The Modification Petition was dismissed as to a change in child support. 4. On September 6, 2007, proceedings were held before the Divorce Master and SA "IS, FLOWER & " LINDSAY &XMRNEVS•AT-N%' 26 West High Street Carlisle, PA on November 27, 2007, the Divorce Master issued a Report and Recommendation. 5. On December 6, 2007, Defendant Jeffery L. Sheaffer, hereinafter "Jeffery" filed Exceptions to the Divorce Master's Recommendation. 6. On February 27, 2008, the Divorce Decree was entered and the Court issued an Opinion and Order with regard to the Exceptions filed, a copy of which is attached hereto as Exhibit "A" ?3 7. The Order of Court of February 27, 2008 calls for a payment of $836.19 per month to Wife from Husband's pension. 8. Jeffery's spousal support obligation was terminated by operation of law upon the entry of the Decree in Divorce on February 27, 2008. 9. On March 24, 2008, Jeffery filed an appeal to the Superior Court of the Decree I ?I in Divorce and Order of February 27, 2008. 10. On March 28, 2008, Jeffery filed a Petition under Chapter 13 of the Bankruptcy Code. The Petition seeks discharge of his debts, including that imposed by the Court Order of February 27, 2008. The bankruptcy filing stayed the payments ordered on February 27, 2008. 11. On March 28, 2008, bankruptcy counsel for Jeffery filed a Suggestion of Bankruptcy in the Superior Court. A copy of the Suggestion of Bankruptcy is attached hereto as Exhibit "B". On April 7, 2008, the Superior Court entered an Order dismissing Jeffery's appeal without prejudice to file a Petition for Reinstatement of Appeal after the bankruptcy resolution. 12. Faye has retained counsel to file an objection to discharge of Jeff's obligation to her, but as yet no hearing has been held on the objection to discharge. 13. Faye filed for alimony pendente lite on April 9, 2008. 14. The incomes of the parties are as set out in the Court Order of April 9, 2008 in SAMIS, FLOWER & LINDSAY ATIOANEYS•AT•IA% 26 West High Street Carlisle, PA the child support case, docket number 664-S-2003, PACSES 879105665. Car LindsJ squire Nora F. Blair, Esquire Supreme CouNo. 44693 Supreme Court ID No. 26 West High et 5440 Jonestown Road Carlisle, PA 17013 Harrisburg, PA 17112 717-243-6222 May 30.08 05:03p Nora F. Blair, Esquire 717-•541-1429 p•2 7. The Order of Court of February 27, 2008 calls for a payment of $836.19 per month to Wife from Husband's pension. 8. Jeffery's spousal support obligation was terminated by operation of law upon the entry of the Decree in Divorce on February 27, 2008. 9. On March 24, 2008, Jeffery filed an appeal to the Superior Court of the Decree in Divorce and Order of February 27, 2008. 10. On March 28, 2008, Jeffery filed a Petition under Chapter 13 of the Bankruptcy Code. The Petition seeks discharge of his debts, including that imposed by the Court Order of February 27, 2008. The bankruptcy filing stayed the payments ordered on February 27, 2008. 11. On March 28, 2008, bankruptcy counsel for Jeffery filed a Suggestion of Bankruptcy in the Superior Court. A copy of the Suggestion of Bankruptcy is attached hereto as Exhibit "B". On April 7, 2008, the Superior Court entered an Order dismissing Jeffery's appeal without prejudice to file a Petition for Reinstatement of Appeal after the bankruptcy resolution. 12. Faye has retained counsel to file an objection to discharge of Jeffs obligation SAIMS, 26 W=HIZ4 St=r C =111r, PA to her, but as yet no hearing has been held on the objection to discharge. 13. Faye filed for alimony pendente lite on April 9, 2008. 14. The incomes of the parties are as set out in the Court Order of April 9, 2008 in the child support case, docket number 664-S-2003, PACS879105665. Supreme CgUrt ? t 26 West Hig tree Carlisle, PA 17013 717-243-6222 rta F. Blair, Esquire {---- upreme Court ID No. i4f j 1 7 5440 Jonestown Road Harrisburg, PA 17112 JEFFREY L. SHEAFFER, SR., PLAINTIFF V. FAYE A. SHEAFFER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4035 CIVIL TERM IN RE: EXCEPTIONS OF HUSBAND TO DIVORCE MASTER'S REPORT BEFORE BAYLEY, J. ORDER OF COURT AND NOW, this pA, day of February, 2008, concurrent with the entry of a decree in divorce, the following economic order is entered: 1. Faye A. Sheaffer shall receive all those assets listed under her name on Joint Exhibit No. 1, a copy of which is attached hereto, and Jeffrey L. Sheaffer, Sr., shall receive all those items listed under his name on Joint Exhibit No. 1, subject to the following adjustments for the values of those items: 2. Jeffrey L. Sheaffer, Sr, shall receive 40% of the value of all iterns other than his military pension, and Faye A. Sheaffer shall receive 60% of all such value. Those items total $71,211.00; therefore, Faye A. Sheaffer shall receive value of $42,728.00 and Jeffrey L. Shea`fer, Sr. shall receive value of $28,483.00. However Faye A. Sheaffer retains in kind assets valued at $61,628.00 and Jeffrey L. Sheaffer, Sr., retains in kind assets valued at $9,583.00. Therefore, Faye A. Sheaffer's share of Jeffrey L. Sheaffer, Sr.'s military pension shall be reduced by 1;18,900.00. ($61,628.00 - $42,728.00). 3. Jeffrey L. Sheaffer, Sr.'s military pension shall be divided so that Faye A. Sheaffer receives 70% and he receives 30%. The pension is valued at $362,472.00, EXHIBIT tq 03-4035 CIVIL TERM with Faye A. Sheaffer's 70% share valued at $253,730.00. However, applying the credit which Faye A. Sheaffer owes Jeffrey L. Sheaffer, Sr., her interest: in the pension is $234,830.00 or 65% of its value. Because the Defense Finance Accounting Services (DFAS) will only distribute 50% of the disposable retired pay to Faye A. Sheaffer directly, Jeffrey L. Sheaffer, Sr. shall pay to her the undistributed 15% by making direct monthly payments by the tenth day of each month, commencing the month of March, 2008. Further, until DFAS directly pays Faye A. Sheaffer one-half of the disposable retired pay each month, commencing in March, 2008, Jeffrey L. Sheaffer, Sr. shall pay to her 65% of his disposable retired pay by the tenth day of each month. Commencing March 1, 2008, Jeffrey L. Sheaffer, Sr., shall pay Faye A. Sheaffer directly 615% of his disposable retirement pay, which payment for 2008 will be $836.19 per month. This direct payment shall continue until a Domestic Relations Order can be entered for 50% payment directly from DFAS, and Jeffrey L. Sheaffer, Sr.'s direct payment of 15% of disposable retirement pay commences. Upon payment by DFAS of the 50% entitlement to Faye A. Sheaffer, Jeffrey L. Sheaffer, Sr., shall pay directly to her the difference between the DFAS payment and $836.19 for the year 2008. 4. Faye A. Sheaffer shall receive the cost-of-living adjustment each year on her 65% share of the pension. Because of the complexity calculating the amounts owed given the phasing out of the VA waiver pursuant to federal law, Jonathan Cramer or Harry Leister of Conrad Siegel Actuaries, or their designees, shall prepare a military Domestic Relations Order to effect the division of the pension. Cramer or Leister shall compute the amount of Jeffrey L. Sheaffer, Sr.'s direct payment to Faye A. Sheaffer of that portion of her entitlement to the pension which will not be directly paid to Faye A. -2- 03-4035 CIVIL TERM Sheaffer by DFAS. Conrad Siegel Actuaries shall provide, by December 15 of each year, any change to that amount paid directly by Jeffrey L. Sheaffer, Sr. to Faye A. Sheaffer on account of the pension distribution, and provide the amount of that payment to both parties who shall keep Conrad Siegel Actuaries advised of their mailing addresses. 5. The cost for all the actuarial work to update Jeffrey L. Sheaffer, Sr.'s payments to Faye A. Sheaffer of 65% of his disposable retained pay, to include the 50% DFAS contribution to Faye A. Sheaffer and Jeffrey L. Sheaffer, Sr.'s direct payment to Faye A. Sheaffer to make up the shortfall of 15%, shall be borne equally between the parties. 6. Within 90 days of this date, Jeffrey L. Sheaffer, Sr. shall reimburse Faye A. Sheaffer for his share of any expenses for actuarial services which she has expended. Within 30 days after the receipt of any statement from Conrad Siegel Actuaries, Jeffrey L. Sheaffer, Sr. will promptly pay his share of that statement. 171 Upon presentation to Jeffrey L. Sheaffer, Sr. of a statement from Steven W. Barrett Real Estate and Appraisal Services, he shall, within 10 days, reimburse Faye A. Sheaffer for one-half the costs of the appraisal of 6601 Carlisle Pike, Mechanicsburg, Pennsylvania 17050. By the Court, Edgar B. Bayley, J. 03-4035 CIVIL TERM Joanne Harrison Clough, Esquire For Plaintiff Carol J. 'Lindsay Esquire For Defendant sal -4- JEFFREY L. SHEAFFER, SR., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. FAYE A. SHEAFFER, DEFENDANT 03-4035 CIVIL TERM IN RE: EXCEPTIONS OF HUSBAND TO DIVORCE MASTER'S REPORT BEFORE BAYLEY, J. OPINION AND ORDER OF COURT Bayley, J., February 27, 2008:-- Jeffrey L. Sheaffer, Sr., age 50, and Faye A. Sheaffer, age 50; were married on August 13, 1977, They separated in July, 2003. They have three children, two are emancipated and one is a minor who lives with wife and will graduate from high school in June, 2008. Husband, who lives in Port Royal, works full-time as an electrician at the Frog and Switch Company where his annual gross income in 2006 was $49,016. Wife, who lives in Mechanicsburg, works full-time in the foodservice division of Ross Distribution, where her annual gross income in 2006 was $19,289. Husband pays spousal support in the amount of $428.50 per month, and child support in the amount of $714.27 per month. Husband served twenty years of active duty in the United State Marine Corps. He retired on September 30, 1997. He has a taxable military pension with a net of $1,112.07 per month. The pension has a marital value of $362,472. He also receives non-taxable disability compensation, a VA waiver, in the amount of $775 per month, with a value of $212,449. This disability compensation is not subject to equitable 03-4035 CIVIL TERM distribution.1 The value of the marital estate, other than the marital value of husband's pension subject to equitable distribution, is $71,211. Of that amount, $41,955 is equity in a marital home valued at $124,000.2 The remainder of the marital assets, less the pension, includes a vehicle, some bank accounts, stock and some cash surrender value in life insurance policies. The Master made the following equitable distribution analysis pursuant to the Divorce Code at 23 Pa.C.S. Section 3502(a). 1. The parties were married and living together for twenty-seven years. They have lived separate and apart for over four years 2. Neither party has been married previously. 3. Both parties are 50 years of age and do not have any health issues which affect their ability to engage in their current employment. Their incomes derive from their earnings at their employment, husband has income from his military pension and the VA waiver in addition to his employment earnings. The VA waiver, which is rot subject to equitable distribution, has a value of $212,449.00. 4. Neither party has contributed to the education, training or increased earning power of the other party'. 5. The opportunity for future acquisitions that either party may have would be from income and benefits provided through their employment. Wife has no retirement income available to her and is, therefore, dependent on sharing in husband's retirement and military benefits earned during the course of the marriage. 6. The source of income of both parties is, their employment and benefits attributed to that employment; as noted previously, husband does have benefits arising from his retirement from the United States military. 7. Both parties have contributed to the acquisition of the marital estate. Wife has moved numerous times as a result of husband's military service and has not had an opportunity during her lifetime to obtain a position allowing her to accumulate long-term benefits. Wife has contributed throughout the marriage as a homemaker and has had a substantial part in raising the parties' three children, 8. The value of any property set aside to each party will be what they receive in the distribution of the marital assets. Husband, however, In Mansell v. Mansell, 490 U. S. 581, 109 S.Ct. 2023, 104 L..Ed.2d 675 (1989), the United States Supreme Court held that state courts in marital litigation can only divide "disposable military retired pay." See Martin v. Martin, 385 Pa. Super. 554 (1989). ' The balance is a first and second mortgage totaling $82,045.16. -2- 03-4035 CIVIL TERM does receive a benefit as a result of a monthly payment from the VA waiver which is an asset of husband, not subject to distribution. 9. The standard of living of the parties was modest. 10, 10 (1) and 10 (2). No testimony has been offered nor has the Master considered any federal, state, and local tax ramifications associated with the assets except to note that net values are used with respect to husband's military pension. The VA waiver payment to husband is non-taxable. No sale expenses of any assets have been included. With respect to the real estate, wife intends to stay in that property and so the Master has not taken into account any expenses involved in sale or transfer or liquidation of the asset. 11. Wife is serving as the custodian of a dependent minor child who will be graduating from high school in June 2008. The Master concluded: Based on the stipulations of the parties and counsel, the facts found by the Master, and the analysis of the factors under Section 3502(x) of the Domestic Relations Code, the Master believes that the distribution of the assets, with the exclusion of husband's military pension, as shown on Joint Exhibit No. 1 should be 40% to husband and 60% to wife. Consequently, of the assets shown on Joint Exhibit No. 1 which are subject to the 40/60% distribution, husband is to receive a value of $28,484.41 and wife will receive a value of $42,726.62. The value of the distribution of the assets on Joint Exhibit No. 1 is considered in the computation of the monthly benefit wife is to receive from the military pension and the direct payment from husband to wife to effect the distribution as recommended. As referred to in the course of this report, husband has a military pension which pays him $1,112.07 per month. Wife is not entitled to receive from the military disbursement more than 50% of the distribution so she would be entitled to have a specific payment from the military in the amount of $556.00. However, the Master is recommending 700/c, of husband's military pension payment be paid to wife. In addition, the amount of the payment also takes into account the distribution of assets on Joint Exhibit No. 1. The total monthly payment from the pension, therefore, will be $722.85. Payment of the pension amount that wife is to receive will have to be supplemented by a direct payment from husband for the amount not able to be deducted and paid to wife from the retirement by the military. Since wife is only entitled to receive 50% monthly from the military as her benefit through the distribution, the husband will have to make up the difference through a direct payment to -3- 03-4035 CIVIL TERM wife pursuant to a Court order in the amount of $166.85.2 The stipulation which was entered by the parties on the record on September 6, 2007, states the issue with respect to the VA waiver which has a value of $212,449.00. Although this benefit was earned during the marriage, it cannot be distributed as part of husband's pension and is not subject to equitable distribution.... The Master believes that economic justice needs to be served by allowing wife a larger portion of husband's military pension which is subject to distribution. The very large VA waiver benefit, which is not subject to distribution, was earned during wife's marriage to husband, and the Master believes that this large non-marital, earned during the marriage, benefit should be considered in providing wife economic justice with respect to the distribution of the martial estate which is subject to the distribution by the Pennsylvania Court. Therefore, the Master has determined that wife shall receive, in addition to the 50% payment directly from the military from husband's military retirement pay, the sum of $166.85 to be paid by husband to wife pursuant to a Court order. This amount will take into account an additional payment to wife, from the military pension, over and above the 50% which can be paid directly to her and also in consideration of the substantial value of the VA waiver, which is not subject to equitable distribution. The computation of the payment has also taken into account the distribution of the marital estate less the pension on Joint Exhibit No. 1 giving wife 60% and husband 40% of the assets. 2 See computations on the attached exhibit made part of this report. Note the payment will change in 2008 and thereafter. See attached chart. Based on his analysis and conclusions, the Master recommended. a. Husband will receive 40% of the value of all items other than his military pension and wife will receive 60% of all such value. Those items total $71,211.00 in value. Therefore, in order to provide a 60/40 distribution, Wife should receive value of $42,728.00 and husband should receive value of $28,483.00. However, wife retains in kind assets valued at $61,628.00 and husband retains in kind assets valued at $9,583.00. Therefore, in order to cause a 60/40 distribution as set out herein, wife's share of the military, pension shall be reduced by $18,900.00. ($61,628.00 - $42,728.00) b. Husband's military pension shall be divided so that wife receives 70% of the pension and husband receives 30% of the pension. The pension is valued at $362,472.00 and wife's 70% share is valued at $253,730.00. However, applying the credit which wife owes husband pursuant to subheading (a) above, wife's interest in the pension is calculated at $234,830.00 or 65% of the pension's value. Because the Defense Finance Accounting Service (DFAS) will only distribute 50% of -4- 03-4035 CIVIL TERM the disposable retired pay to wife directly, husband shall pay to her the undistributed 15% by making direct monthly payments to her by the tenth day of each month, commencing the month after the Decree in Divorce is entered. Further, until DFAS directly pays wife one-half of the disposable retired pay each month, commencing the month after the Decree in Divorce is entered, husband shall pay to her 65% of his disposable retired pay by the tenth day of each month. For 2007, the payment due wife by husband shall total $722.85 per month (65% of $1,112.07). Commencing January 10, 2008, the payment will be $836.19 per month until such time as a DRO can be entered and the 50% payment directly from DFAS commences and husband's direct payment of 1511io of disposable retired pay commences. Wife shall be entitled to receive the cost of living adjustment each year on her 65% share of the pension. Because of the complexity in calculating the amounts owed given phasing out of the VA waiver pursuant to Federal law, Jonathan Cramer or Harry Leister of Conrad Seigel Actuaries, or their designees, shall prepare a military Domestic Relations Order to effect the division of the pension. Mr. Cramer or Mr. Leister is also ordered to compute the amount of husband's direct payment to wife of that portion of her entitlement to the pension which will not be directly paid to her by DFAS. Conrad Siegel Actuaries shall provide, by December 15 of each year, any change to that amount paid directly by husband to wife on account of the pension distribution and to provide the amount of that payment to both parties who are ordered and directed to keep Conrad Siegel Actuaries advised of their mailing address. Husband filed exceptions to the Divorce Master's Report which were briefed and argued on January 23, 2008. At oral argument, husband narrowed his exceptions to two issues: (1) Whether it was "error to award wife 70% of the marital portion of Husband's military pension," and (2) Whether it was error "to order Husband tc pay one- half of all the actuarial services incurred by wife to date in the divorce action." In Tagnani v. Tagnani, 439 Pa. Super. 596 (1995), the Superior Court of Pennsylvania stated: Notwithstanding the fact that the Master observes and hears the testimony of the witnesses, the trial court is not bound by the master's recommendations.... "[Wje must keep in mind that the court was free to accept or reject the parties' testimony." "Although the master's report is entitled to great weight, that final responsibility fo? making the [equitable] -5- 03-4035 CIVIL TERM distribution [of property] rests with the court." (Citations omitted.) (Second and third alterations in original.) WHETHER IT WAS ERROR TO AWARD WIFE SEVENTY PERCENT OF HUSBAND'S PENSION. The Master made a thorough Section 3502(x) analysis which we adopt as part of this decision. Husband argues in his brief- A review of the Master's Report and Recommendation clearly supports a finding by the Court that the Master in essence, awarded Wife a portion of the nonmarital disability component of Husband's pension by giving her a greater percentage of the marital portion of his military retirement since he could not by law award her any portion of his disability retirement pay. * w * While Section 3502(8) of the Divorce Code specifically provides that the Court shall consider all the relevant factors including "the value of the property set aside to each party," it is not permissible to increase the percentage distribution of the marital property awarded to one party to, in essence, make a distribution of a nonmarital asset. The Master's conclusions included the following: The Master believes that economic justice needs to be served by allowing wife a larger portion of husband's military pension which is subject to distribution. The very large VA waiver benefit, which is not subject to distribution, was earned during wife's marriage to husband, and the Master believes that this large non-marital, earned during the marriage, benefit should be considered in providing wife economic justice with respect to the distribution of the martial estate which is subject to the distribution by the Pennsylvania Court. This conclusion was made after the Master cited the dissent of Justice O'Connor in Mansell v. Mansell, supra, that permitting a military retiree to convert significant amounts "of gross retirement pay ... into disability benefits and thereby to avoid his obligation under state community property laws ... is to distort beyond recognition and thwart the main purpose of the statute, which is to recognize the sacrifices made by -6- 03-4035 CIVIL TERM military spouses and to protect their economic security in the face of divorce." In Hayward v. Hayward, 868 A.2d 554 (Pa. Super. 2DD5), the Superior Court of Pennsylvania, after recognizing the harsh effect of Mansell and that many former spouses would be economically harmed by it, noted that numerous other jurisdictions have addressed the issue in one form or another and some courts have ruled that Mansell is inapplicable in some cases. Mansell, however, is applicable in the case sub judice. Even though husband's nontaxable disability compensation in the amount of $775 per month with a value of $212,449 was all acquired during the course of the parties' marriage, it is not subject to equitable distribution. Under Pennsylvania law, one of the factors to be considered under 23 Pa.C.S. Sectior 3502(a)(8) in making an award of equitable distribution of marital property is: "the value of the property set apart to each party." Separate property is subsection (a)(8) property. See Marinello v. Marinello, 354 Pa. Super. 471 (1986). Clearly, the recommendation of the Master that wife be awarded seventy percent of husbands taxable military pension with a total value of $362,472, for which he receives a monthly net payment of $1,112.07, was premised in part on a consideration of the value of the disability benefit that, by law, is set apart to husband. The Master did not recommend the distribution of a non-marital asset. The separate property factor was only one of the significant factors that the Master considered, the others being this long marriage in which the parties, who are only 50 years old, were together for almost twenty-six years and husband',; significantly higher earning capacity than wife's. Under the Master's recommendation, wife has assets with a value of $296,458, and husband has overall assets with a value of $349,674. Even after the marital -7- 03-4035 CIVIL TERM pension its distributed, husband has gross monthly income of $5,933.34, $755 of which is untaxed. Wife has gross monthly income of $2,577.86, all of which is taxed. Given the parties long marriage, their being generally in good health, their station in life, their respective needs, wife's contributions to the marriage as both a wage earner and a homemaker, their current economic circumstances in which they both have little opportunity in the significant future for acquisition of capital assets and income and husband's separate property, we are satisfied that the recommendation of the Master for the distribution of the marital property is just, equitable and appropriate." II. WHETHER IT WAS ERROR TO ORDER HUSBAND TO PAY ONE.-HALF OF ALL ACTURIAL SERVCIES INCURRED BY WIFE TO DATE IN THE DIVORCE ACTION. Reasonable expenses are awardable under the Divorce Code at 23 Pa.C.S. Section 3702. The services of the actuary in this case to appraise husband's pension was especially needed because of the complications caused by the National Defense Authorization Act. Husband has substantially more income than wife. They are each paying their own attorney fees. Under these circumstances it is appropriate that they share the costs of the pension appraisal. ORDER OF COURT AND NOW, this day of February, 2008, concurrent with the entry of a decree in divorce, the following economic order is entered. ' While the Master recommended that wife receive 60 percent of all marital assets other than the pension and that she receive 70 percent of the pension, the adjustment she owes husband as a result of the distribution of other marital assets actually reduces her interest in his pension to 65 percent. -8- 03-4035 CIVIL TERM 1. Faye A. Sheaffer shall receive all those assets listed under her name on Joint Exhibit No. 1, a copy of which is attached hereto, and Jeffrey L. Sheaffer, Sr., shall receive all those items listed under his name on Joint Exhibit No. 1, subject c the following adjustments for the values of those items: 2. Jeffrey L. Sheaffer, Sr. shall receive 40% of the value of all items other than his military pension, and Faye A. Sheaffer shall receive 60% of all such value. Those items total $71,211.00; therefore, Faye A. Sheaffer shall receive value of $42,728.00 and Jeffrey L. Sheaffer, Sr. shall receive value of $28,483.00. However Faye A. Sheaffer retains in kind assets valued at $61,628.00 and Jeffrey L. Sheaffer, Sr., retains in kind assets valued at $9,583.00. Therefore, Faye A. Sheaffer's share of Jeffrey L. Sheaffer, Sr.'s military pension shall be reduced by $18,900.00. ($61,628.00 - $42,728.00). 3. Jeffrey L. Sheaffer, Sr.'s military pension shall be divided so that Faye A. Sheaffer receives 70% and he receives 30%. The pension is valued at $362,472.00, with Faye A. Sheaffer's 70% share valued at $253,730.00. However, applying the credit which Faye A. Sheaffer owes Jeffrey L. Sheaffer, Sr., her interest in the pension is $234.830.00 or 65% of its value. Because the Defense Finance Accounting Services (DFAS) will only distribute 50% of the disposable retired pay to Faye A. Sheaffer directly, Jeffrey L. Sheaffer, Sr. shall pay to her the undistributed 15% by making direct monthly payments by the tenth day of each month, commencing the month of March, 2008. Further. until DFAS directly pays Faye A. Sheaffer one-half of the disposable retired pay each month, commencing in March, 2008, Jeffrey L. Sheaffer, Sr. shall pay to her (35% of his disposable retired pay by the tenth day of each month. Commencing -9- 03-4035 CIVIL TERM March 1, 2008, Jeffrey L. Sheaffer, Sr., shall pay Faye A. Sheaffer directly 650/c of his disposable retirement pay, which payment for 2008 will be $836.19 per mon`h. This direct payment shall continue until a Domestic Relations Order can be entered for 50% payment directly from DFAS, and Jeffrey L. Sheaffer, Sr.'s direct payment of 15% of disposable retirement pay commences. Upon payment by DFAS of the 501/, entitlement to Faye A. Sheaffer, Jeffrey L. Sheaffer, Sr., shall pay directly to her the difference between the DFAS payment and $836.19 for the year 2008. 4. Faye A. Sheaffer shall receive the cost-of-living adjustment each year on her 65% share of the pension. Because of the complexity calculating the amounts owed given the phasing out of the VA waiver pursuant to federal law, Jonathan Cramer or Harry Leister of Conrad Siegel Actuaries, or their designees, shall prepare a military Domes,,ic Relations Order to effect the division of the pension. Cramer or Leister shall compute the amount of Jeffrey L. Sheaffer, Sr.'s direct payment to Faye A. Sheaffer of that portion of her entitlement to the pension which will not be directly paid to Faye A. Sheaffer by DFAS. Conrad Siegel Actuaries shall provide, by December 15 of each year, a-iy change to that amount paid directly by Jeffrey L. Sheaffer, Sr. to Faye A. Sheaffer on account of the pension distribution, and provide the amount of that payment to both parties who shall keep Conrad Siegel Actuaries advised of their mailing addresses. 5. The cost for all the actuarial work to update Jeffrey L. Sheaffer, Sr.'s payments to Faye A. Sheaffer of 65% of his disposable retained pay, to include the 5011/0 DFAS contribution to Faye A. Sheaffer and Jeffrey L. Sheaffer, Sr.'s direct payment to -10- 03-4035 CIVIL 7 ERM Faye A. Sheaffer to make up the shortfall of 15%, shall be borne equally between the parties. 6. Within 90 days of this date, Jeffrey L. Sheaffer, Sr. shall reimburse Faye A. Sheaffer for his share of any expenses for actuarial services which she has expended. Within 30 days after the receipt of any statement from Conrad Siegel Actuaries, Jeffrey L. Sheaffer, Sr. will promptly pay his share of that statement. 7. Upon presentation to Jeffrey L. Sheaffer, Sr. of a statement from Steven W. Barrett Real Estate and Appraisal Services, he shall, within 10 days, reimburse Faye A. Sheaffer for one-half the costs of the appraisal of 6601 Carlisle Pike, Mechanicsburg, Pennsylvania 17050. Joanne Harrison Clough, Esquire For Plaintiff Carol J. Lindsay, Esquire For Defendant sal By the Cou Edgar . B -11- JEFFREY L. SHEAFFER, SR., IN THE SUPERIOR COURT Appellant OF PENNSYLVANIA V., FAYE A. SHEAFFER, Appellee 534 MDA 2008 ORDER AND NOW, this 7rh day of April, 2008, in view of the fact that this matter is before the Bankruptcy Court and has been granted an automatic stay pursuant to section 363 (a) of the Bankruptcy Code of 1978-(asamended),--11-U.S.C.-§ 362-(a)-;-the above-captioned-appeal is hereby DISMISSED without prejudice to file a petition for reinstatement of the appeal In the event such is necessary following conclusion of the bankruptcy proceedings. See 11 U.S.C. §x.08 (c). Per Curiiam 'T'RUE COPY FROM RECORD Rues': APR 0 7 2MB .Vice. A024 D*nity pwflumoury" EXHIBIT Superior CMIL of PA - b icMe District 7'[j 7Ct]fLAJ[?IA/ I r : nr%% r% 111/IC,1l1N1%J1 I ?MkMd^f' Af.l'71 m 17 Jfoia. Z'd 6Zti6-6t?9-LLL ejinbs3 'ale18 '3 WON 09t,:60 80 ZO unh To: Esquire Joanne Clough Page 2 of 4 2008-04-04 18:42:27 (GMT) Law Offices B. Tyler From: Brian Tyler JEFFERY L. SHEAFFER, JR. Appellant FAYE A. SHEAFFER V. IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee No. 534 MDA 2008 SUGGESTION OF BANKRUPTCY MIDDLE MASS NOW the Appellant, Jeffery L. Sheatf'er, Jr. through the undersigned Counsel, and would shoe the Court: 1. Appellant fled a petition for relief under Title 11, United States Code, in the United States Bankruptcy Court for the Middle District of Pennsylvania Harrisburg Division which bears the case number 11:08-bk-01089-RNO 2 Relief was ordered on March 28, 2008. 3. This action is founded on a claim from which a discharge would be a release orthat seeks to impose a charge on the property of the estate. 4 This is for informational purposes only and does not constitute a notice of appearance by the undersigned Counsel. 5. Appellant addressed the Appellee as a;,-reditor in his Chapter 13 bankruptcy. 6. Appellant suggests that this action is stayed by the operation of l 1 U. S C § 362(a) and any judgment entered in this matter be void as a matter of law_ WHEREFORE, Appellant prays the judgment issued in this case be voided. Respectfully submitted, Law ff s o rian T. Tyler Arian J (Tyler, Esquire ( PA77958) 3621 North Front Street Harrisburg PA 17110 (717) 230-9900 Bankruptcy Counsel for Debtors Ra*M in Superior Coed APR 0 4 2008 Date: April 4, 2008 JEFFERY L. SHEAFFER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 2003-4035 PACKS Number 330105801 FAYE A. SHEAFFER, Defendant IN DIVORCE EXCEPTION TO THE SUPPORT MASTER'S REPORT AND RECOMMENDATION OF JUNE 26, 2008 Petitioner/Defendant Faye A. Sheaffer excepts to the Master's Report and Recommendation and to the Interim Order of Court of June 26, 2008 in the following particular: The Master erred when he denied alimony pendente lite to Petitioner/Defendant in the instance where Defendant filed an appeal of the Decree in Divorce to the Superior Court, filed a bankruptcy seeking to discharge his obligation in equitable distribution and where the Superior Court dismissed the appeal but with leave to Plaintiff to refile. SAIDIS, FLOWER & LINDSAY r SAIDIS, "NWR 4& L "WS" 26 West High Street Carlisle, PA Carol J'"Lmdsa , E 46i re Supreme Cou/t I o. 44693 26 West Hig reet Carlisle, PA 17013 717-243-6222 ,? .,P CERTIFICATE OF SERVICE On the 1S6 day of July, 2008, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document served on the following individual, addressed as follows and via facsimile: was Nora F. Blair, Esquire 5440 Jonestown Road Harrisburg, PA 17112 SAIDIS, FLOWER & LINDSAY Carol Lind uire Supreme Co rt I No. 44693 26 West Hig reet Carlisle, PA 17013 717-243-6222 .SAMISP WER & A LENDSAY 1 West High Street Carlisle, PA ? '?? - ?, ? ?_ spa ;, ? ?', ? ,Z.?} - ..?rtir7,,? .,. .?.. .. t?- a-? _y ,: ? fir, ?::? ?. . ?; JEFFERY L. SHEAFFER, PLAINTIFF/RESPONDENT V. FAYE A. SHEAFFER, . DEFENDANT/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 63 yo3s : 8 CIVIL TERM ORDER OF COURT AND NOW, this day of July, 2008, the defendant/petitioner having filed exceptions to the Support Master's Report and Recommendation, and a stipulation of facts having been filed of record, IT IS ORDERED pursuan to Rule 1910.12, C.C.R.P.: (1) The defendant/petitioner shall file a brief, in these chambers in support of the exceptions not later than fifteen (15) days from this date. (2) The plaintiff/respondent shall file a reply brief, in these chamfers, not later than thirty (30) days from this date. (3) The issues raised in the exceptions will be decided on the briefs unless either party, at the time of filing his or her brief, request oral argument or the court directs that oral argument be held. If oral argument is held, it will be scheduled before this judge. v "Carol J. Lindsay, Esquire For Faye A. Sheaffer "Nora F. Blair, Esquire For Jeffery L. Sheaffer :sa COf l " By the C?,W1 "ONVAIASN.N3d AiNncr^ 8 ? .z Wd i z inr oaoz AHViUiwv;l!.Gdd 341 ?O JEFFERY L. SHEAFFER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF/RESPONDENT CUMBERLAND COUNTY, PENNSYLVANIA V. FAYE A. SHEAFFER, 03 - yo 35 DEFENDANT/PETITIONER D2-SM CIVIL TERM ORDER OF COURT AND NOW, this day of July, 2008, the defendant/petitioner having filed exceptions to the Support Master's Report and Recommendation, and a stipulation of facts having been filed of record, IT IS ORDERED pursuant to Rule 1910.12, C.C.R.P.: (1) The defendant/petitioner shall file a brief, in these chambers, in support of the exceptions not later than fifteen (15) days from this date. (2) The plaintiff/respondent shall file a reply brief, in these chambers, not later than thirty (30) days from this date. (3) The issues raised in the exceptions will be decided on the briefs unless either party, at the time of filing his or her brief, request oral argument or the court directs that oral argument be held. If oral argument is held, it will be scheduled before this judge. By the C?0, " Carol J. Lindsay, Esquire For Faye A. Sheaffer `'Nora F. Blair, Esquire For Jeffery L. Sheaffer Edgar B. ftpleiy, I :sal CO? C" M-a L LL Ajj?, 3Hi JCj FAYE A. SHEAFFER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2003-4035 JEFFERY L. SHEAFFER, 330105801 Defendant IN DIVORCE AGREEMENT OF THE PARTIES The parties hereto are Faye A. Sheaffer, of 6601 Carlisle Pike, Mechanicsburg, Pennsylvania, hereinafter "Wife" and Jeffery L. Sheaffer, of R.R.1, Box 400, Port Royal, Pennsylvania, hereinafter "Husband." RECITALS: IRA: The parties hereto were husband and wife, having been joined in marriage on August 13, 1977, having separated on July 20, 2003, and having been divorced on February 27, 2008. R.2: Incorporated but not merged with the Decree in Divorce was the Order of the Court of Common Pleas requiring, inter alia., Husband to pay to Wife 65% of his military pension. That payment was in the initial amount of $836.19 per month. R.3: Husband made the payment in March 2008, but on March 24, 2008, filed an appeal of the Decree in Divorce to the Superior Court. RA: On March 28, 2008, Husband filed a Petition under Chapter 13 of the SAIDIS, FLOWER & LINDSAY M IUMNS.ATUw 26 West High Street Carlisle, PA Bankruptcy Code to case number 1-08-BK-01089-RNO, seeking to discharge his debts, among them his obligation to provide Wife a share of his military pension. Contemporaneous with the filing of the bankruptcy, Husband filed in the Superior Court a Suggestion of Bankruptcy, advising the Superior Court of the bankruptcy filing and seeking a stay of the appeal. R.5: The Superior Court dismissed the appeal "without prejudice to file a Petition for Reinstatement of the appeal in the event that such is necessary." R.6: On April 9, 2008, Wife filed a Petition for Alimony Pendente Lite seeking to convert her spousal support into alimony pendente lite pending the outcome of the appeal and the bankruptcy. The matter is stayed by agreement of the parties pending a negotiated settlement. R.7: The parties desire to settle their outstanding claims, one against the other, not only in the Bankruptcy Court, but also in the Court of Common Pleas of Cumberland County, Pennsylvania. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the parties hereto agree as follows: 1. Wife will accept and Husband will pay to Wife $725.00 per month from March 1, 2008 until December 31, 2008, less a certain credit to Husband, for a total of $6,410.81. Said payment shall be made through the Chapter 13 plan into which Husband is paying $425.00 per month. Husband's bankruptcy counsel is willing to accept payment of his fees in the Chapter 13 plan on a pro-rata basis with Wife and it is therefore anticipated that Wife should receive approximately $2,000.00 upon the confirmation of the Chapter 13 plan and the balance in monthly payments of approximately $283.00 until paid in full. Husband's bankruptcy counsel agrees to refrain from filing for approval for any additional attorney's fees and costs until a total of $6410.81 is paid to Wife from the Chapter 13 Trustee's office. 2. Wife's counsel in the bankruptcy case shall amend her Proof of Claim to show SAIDIS, FWNVER & LINDSAY ATIORNEYS•AT1AW 26 West High Street Carlisle, PA $6,410.81 as a priority claim and Husband will not object to the claim. Furthermore, Husband shall pay into the Chapter 13 plan at least $425.00 per month until Wife's claim is satisfied in full. In the event Husband does not make his payments timely, or in the event that his bankruptcy case is dismissed for any reason before Wife is paid her claim through the Bankruptcy Court, then and in that event, the terms of the Court's Order of February 27, 2008 entered with the Decree in Divorce shall be reinstated in full and this amendment to that Order shall be null and void. 3. Husband shall immediately cause to be filed with the Court and then forwarded to DFAS a Domestic Relations Order approved by the parties, a copy of which is attached hereto as Exhibit "A". Any payments made by Husband to Wife in 2008 and in 2009 until the commencement of direct payments to her by DFAS shall be alimony, taxable to Wife and deductible by Husband from his adjusted gross income. The payments made by DFAS shall be net of Federal tax. 4. Commencing January 1, 2009, Husband's payment to Wife will be adjusted for the cost of living to $767.05 per month payable on or before the tenth day of the month and continuing on the same date each month until DFAS makes the payments directly to Wife. In the event Husband fails or refuses to make the payments set out in this paragraph at the time set out, then, in that event, Wife may declare this Agreement null and void and the Court's Order of February 27, 2008 shall be in full force and effect and Husband shall have waived any objection in bankruptcy to the division and distribution of his pension pursuant to that Order. 5. The terms of this Agreement constitute a settlement of Wife's objection to SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA Husband's Plan and the attendant adversary proceeding, the Petition for Alimony Pendente Lite which shall be withdrawn by Wife, and Husband's appeal to the Superior Court which he will withdraw with prejudice. The terms of the Court Order of February 27, 2008 shall remain in full force and effect except as modified herein. 6. Within five days of the date of this Agreement, Husband will execute and tender the Warranty Deed transmitting the Peppertree Atlantic Beach Villas II, the timeshare owned by the parties, and he shall pay any costs charged by Peppertree resulting from his not having tendered the Deed when presented to him on or about August 1, 2008. 7. 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. Witness: FLOWER &z LWDSAY ATIOM s er uw 26 West High Street Carlisle, PA Nora F. Blair, Esquire Attorney for Jeffery L. Sheaffer 5440 Jonestown Road PO Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 JEFFERY L. SHEAFFER, : IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-4035 CIVIL TERM FAYE A. SHEAFFER, : CIVIL ACTION -- DIVORCE Defendant DOMESTIC RELATIONS ORDER This Domestic Relations Order is entered on , 2008. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the Commonwealth of Pennsylvania. 3. This DRO applies to the Military Retirement System ("Plan") and any successor thereto. Jeffrey L. Sheaffer, Sr. is a Participant in the Plan. Faye A. Sheaffer, the former spouse of Participant, is Alternate Payee for the purpose of this DRO. 4. Participant's name and mailing address are: Jeffery L. Sheaffer, Sr. RR #1, Box 400 Port Royal, PA 17082 5 Alternate Payee's name and mailing address are: Faye A. Sheaffer 6601 Carlisle Pike Mechanicsburg, PA 17050 6. Participant's and Alternate Payee's birth are set forth on the Social Secu to the Plan Administrator. social security numbers and dates of -ity Cover Sheet that is being provided 7. Participant assigns to Alternate Payee an interest in Participant's disposable military retired pay. Alternate Payee is entitled to a direct payment in the amount specified below and shall receive payments at the same time as Participant. 8. Participant's right under the Soldiers' and Sailors' Civil ReliefAct of 1940 (50 U.S.C § 521) were observed by the Court as evidenced by the presence of his legal counsel at the proceedings. 9. This Order assigns to Alternate Payee an amount equal to 47.855% of Participant's disposable retired pay as payment of marital property rights to Alternate Payee. The disposable retired pay is Participant's gross retired pay less authorized deductions as set forth in 10 U.S.C. §1408(a)(4). In addition to the above, Alternate Payee shall receive a pro rata share of any cost-of-living adjustments made to Participant's benefits. The pro rata share shall be calculated in the same manner as Alternate Payee's share of Participant's retirement benefits is calculated pursuant to this Paragraph 9. 10. DFAS is hereby ordered to deduct Alternate Payee's alimony award of a portion of Participant's disposable retired pay, and remit it directly to the Alternate Payee. The portion of Participant's disposable retired pay is set forth below: For payments through January 31, 2009: 8.425% For payments from February 1, 2009, to January 31, 2010: 3.872% For payments from February 1, 2010, to January 31, 2011: 1.478% For payments from February 1, 2011, to January 31, 2012: .435% For payments from February 1, 2012, to January 31, 2013: .086% For payments from February 1, 2013, to January 31, 2014: .01% For all payments on or after February 1, 2014: 0.00% The disposable retired pay is Participant's gross retired pay less authorized deductions as set forth in 10 U.S.C. §1408(a)(4). In addition to the above, Alternate Payee shall receive a pro rata share of • any cost-of-living adjustments made to Participant's benefits. The pro rata share shall be calculated in the same manner as Alternate Payee's share of Participant's retirement benefits is calculated pursuant to this Paragraph 10. 11. The monthly payments under Paragraphs 9 and 10 shall commence to Alternate Payee as soon as administratively feasible. 12. The jurisdictional requirement of 10U.S.C. Section 1408 have been complied with, and this Order has not been amended, superseded, or set aside by any subsequent order. 13. Participant and Alternate Payee acknowledge that they have been married for a period of more than ten years during which time Participant performed more than ten years of creditable military service. The parties were married on August 13, 1977, and separated on July 20, 2003. 14. Alternate Payee agrees that any future overpayments to her are recoverable and subject to involuntary collection from her or her estate. 15. Pursuant to 10 U.S.C. Section 1408(c)(2), in the event of the death of Alternate Payee prior to receipt of all of payments payable under this Domestic Relations Order, any death benefit or retirement benefit payable to Alternate Payee shall revert to Participant. 16. Alternate Payee agrees to notify DFAS about any changes in the Domestic Relations Order or the order affecting these provisions of it, or in the eligibility of any recipient receiving benefits pursuant to it. 17. Participant and Alternate Payee intend that this Order qualify under the Uniformed Service Former Spouses' Protection Act, 10 U.S.C. Section 1408 and following. 18. Participant agrees to cooperate with Alternate Payee to prepare an application for direct payment to Alternate Payee from Participant's retired or retainer pay pursuant to 10 U.S.C. Section 1408. Participant agrees to execute all documents that the United States Army may require to certify that the disposable military retired pay can be provided to Alternate Payee. 19. If, for any reason, Alternate Payee does not receive from Participant's military retired pay the monthly amounts indicated in Paragraphs 9 and 10, Participant shall pay directly to Alternate Payee the appropriate monthly amounts such that Alternate Payee's monthly benefits shall in total equal the monthly benefits as indicated in Paragraphs 9 and 10. 20. The parties acknowledge that the following items must be sent by Alternate Payee to HRC-STL, Attention: ARC-PAP-T, 1 Reserve Way, Saint Louis, Missouri 63132-5200 and to DFAS-CL, Garnishment Operations, P.O. Box 998002, Cleveland, Ohio 44199-8002. Participant agrees to provide any of this information to Alternate Payee at Alternate Payee's request and to make all necessary efforts to obtain any of this information that Alternate Payee is unable to obtain. a. Deemed Election Letter. b. A certified copy of the Divorce Decree. C. A certified copy of this Domestic Relations Order. d. A copy of the Marriage Certificate of Mr. and Mrs. Sheaffer. e. An executed copy of Form 2293 entitled Application for Former Spouse Payments From Retired Pay. f. An executed copy of Form 2656-1 entitled Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage. g. Election bank deposit Form 1199 completed by Alternate Payee permitting direct deposit. 21. This Court shall retain jurisdiction to enter such further orders and are necessary to enforce the award to Alternate Payee of the military retirement benefits awarded herein. BY THE COURT Judge CONSENT TO ORDER: ALTERNATE PAYEE FAYE A. SHEAFFER Dated: PARTICIPANT JEFFREY L. SHEAFFER, SR. Dated: 1 r ?l ? V Distribution: Nora F. Blair, Esquire, PO Box 6216, Harrisburg, PA 17112-0216 Carol J. Lindsay, Esquire, 26 West High Street, Carlisle, PA 17013 .:s7 ...? ' ? - . ?,? r FAYE A. SHEAFFER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2003-4035 JEFFERY L. SHEAFFER, 330105801 Defendant IN DIVORCE PRAECIPE Please withdraw the Petition for Alimony Pendente Lite filed on or about April 9, 2008. SAIDIS, FLOWER Carol J. Lindsa Supreme Cou N 26 West High Street Carlisle, PA 17013 717-243-6222 Attorney for Plaintiff SAMIS, FLOWER & LE%ws" 26 West High Street Carlisle, PA Dated: I 12-2-loq ,Y re 44693 CERTIFICATE OF SERVICE I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via facsimile, addressed as follows: Nora F. Blair, Esquire 5440 Jonestown Road Harrisburg, PA 17112 SAIDIS, FLOWER & Carol J. Lindsay, E Supreme Court I 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: I cA 3.0 9 SAMIS, FLOVVERR & UMSAY 26 West High Street Carlisle, PA L=` r7-. i `yJ _ - Ns d. Nora F. Blair, Esquire Attorney for Jeffery L. Sheaffer 5440 Jonestown Road PO Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 JEFFERY L. SHEAFFER, : IN THE COURT OF COMA40N PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-4035 CIVIL TERM FAYE A. SHEAFFER, : CIVIL ACTION -- DIVORCE Defendant DOMESTIC RELATIONS ORDER This Domestic Relations Order is entered on ?awft f , 201 This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the Commonwealth of Pennsylvania. 3. This DRO applies to the Military Retirement System ("Plan") and any successor thereto. Jeffrey L. Sheaffer, Sr. is a Participant in the Plan. Faye A. Sheaffer, the former spouse of Participant, is Alternate Payee for the purpose of this DRO. 4. Participant's name and mailing address are: Jeffery L. Sheaffer, Sr. RR #1, Box 400 Port Royal, PA 17082 5. Alternate Payee's name and mailing address are: Faye A. Sheaffer 6601 Carlisle Pike Mechanicsburg, PA 17050 6. Participant's and Alternate Payee's social security numbers and dates of birth are set forth on the Social Security Cover Sheet that is being provided to the Plan Administrator. 7. Participant assigns to Alternate Payee an interest in Participant's disposable military retired pay. Alternate Payee is entitled to a direct payment in the amount specified below and shall receive payments at the same time as Participant. 8. Participant's right under the Soldiers' and Sailors' Civil ReliefAct of 1940 (50 U.S.C § 521) were observed by the Court as evidenced by the presence of his legal counsel at the proceedings. 9. This Order assigns to Alternate Payee an amount equal to 47.855% of Participant's disposable retired pay as payment of marital property rights to Alternate Payee. The disposable retired pay is Participant's gross retired pay less authorized deductions as set forth in 10 U.S.C. §1408(aX4). In addition to the above, Alternate Payee shall receive a pro rata share of any cost-of-living adjustments made to Participant's benefits. The pro rata share shall be calculated in the same manner as Alternate Payee's share of Participant's retirement benefits is calculated pursuant to this Paragraph 9. 10. DFAS is hereby ordered to deduct Alternate Payee's alimony award of a portion of Participant's disposable retired pay, and remit it directly to the Alternate Payee. The portion of Participant's disposable retired pay is set forth below: For payments through January 31, 2009: 8.425% For payments from February 1, 2009, to January 31, 2010: 3.872% For payments from February 1, 2010, to January 31, 2011: 1.478% For payments from February 1, 2011, to January 31, 2012: .435% For payments from February 1, 2012, to January 31, 2013: .086% For payments from February 1, 2013, to January 31, 2014: .01% For all payments on or after February 1, 2014: 0.00% The disposable retired pay is Participant's gross retired pay less authorized deductions as set forth in 10 U.S.C. §1408(a)(4). In addition to the above, Alternate Payee shall receive a pro rata share of any cost-of-living adjustments made to Participant's benefits. The pro rata share shall be calculated in the same manner as Alternate Payee's share of Participant's retirement benefits is calculated pursuant to this Paragraph 10. 11. The monthly payments under Paragraphs 9 and 10 shall commence to Alternate Payee as soon as administratively feasible. 12. The jurisdictional requirement of 10U.S.C. Section 1408 have been complied with, and this Order has not been amended, superseded, or set aside by any subsequent order. 13. Participant and Alternate Payee acknowledge that they have been married for a period of more than ten years during which time Participant performed more than ten years of creditable military service. The parties were married on August 13, 1977, and separated on July 20, 2003. 14. Alternate Payee agrees that any future overpayments to her are recoverable and subject to involuntary collection from her or her estate. 15. Pursuant to 10 U.S.C. Section 1408(cx2), in the event of the death of Alternate Payee prior to receipt of all of payments payable under this Domestic Relations Order, any death benefit or retirement benefit payable to Alternate Payee shall revert to Participant. 16. Alternate Payee agrees to notify DFAS about any changes in the Domestic Relations Order or the order affecting these provisions of it, or in the eligibility of any recipient receiving benefits pursuant to it. 17. Participant and Alternate Payee intend that this Order qualify under the Uniformed Service Former Spouses' Protection Act, 10 U.S.C. Section 1408 and following. 18. Participant agrees to cooperate with Alternate Payee to prepare an application for direct payment to Alternate Payee from Participant's retired or retainer pay pursuant to 10 U.S.C. Section 1408. Participant agrees to execute all documents that the United States Army may require to certify that the disposable military retired pay can be provided to Alternate Payee. 19. If, for any reason, Alternate Payee does not receive from Participant's military retired pay the monthly amounts indicated in Paragraphs 9 and 10, Participant shall pay directly to Alternate Payee the appropriate monthly amounts such that Alternate Payee's monthly benefits shall' in total equal the monthly benefits as indicated in Paragraphs 9 and 10. 20. The parties acknowledge that the following items must be sent by Alternate Payee to HRC-STL, Attention: ARC-PAP-T, 1 Reserve Way, Saint Louis, Missouri 63132-5200 and to DFAS-CL, Garnishment Operations, P.O. Box 998002, Cleveland, Ohio 44199-8002. Participant agrees to provide any of w this information to Alternate Payee at Alternate Payee's request and to make all necessary efforts to obtain any of this information that Alternate Payee is unable to obtain. a. Deemed Election Letter. b. A certified copy of the Divorce Decree. C. A certified copy of this Domestic Relations Order. d. A copy of the Marriage Certificate of Mr. and Mrs. Sheaffer. e. An executed copy of Form 2293 entitled Application for Former Spouse Payments From Retired Pay. f. An executed copy of Form 2656-1 entitled Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage. g. Election bank deposit Form 1199 completed by Alternate Payee permitting direct deposit. 21. This Court shall retain jurisdiction to enter such further orders and are necessary to enforce the award to Alternate Payee of the militry??ent benefits awarded herein. BY TIK CO Judge CONSENT TO ORDER: ALTERNATE PAYEE PARTICIPANT FAYE A. SHEAFFER L. SH SR. ?' ??? Dated: 1 - lea Y C`) `T C-4 istribution: ?ora F. Blair, Esquire, PO Box 6216, Harrisburg, PA 17112-0216 ? Carol J. Lindsay, Esquire, 26 West High Street, Carlisle, PA 17013 12of I ks PYL?LL In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION FAYE A. SHEAFFER ) Docket Number 03-4035 CIVIL Plaintiff ) VS. ) PACSES Case Number 330105801 JEFFERY L. SHEAFFER ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 27TH DAY OF JANUARY, 2009 IT IS HEREBY ORDERED that the ® Complaint for Support or Q Petition to Modify or Q Other filed on APRIL 9, 2008 in the above captioned matter is dismissed without prejudice due to: THE PETITIONER WITHDRAWING HER PETITION FOR ALIMONY PENDENTE LITE. O The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. 27TH DAY OF JANUARY, 2009 Date DRO: R.J. SHADDAY Service Type M BY CO ?, a .'DGAR B. BAYLEY, JUDGE Form OE-506 Rev.2 Worker ID 21005 D FAYE A. SHEAFFER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2003-4035 JEFFERY L. SHEAFFER, 330105801 Defendant IN DIVORCE PRAECIPE Please withdraw the Petition for Alimony Pendente Lite filed on or about April 9, 2008. SAIDIS, FL WER N Y Carol J. Lindsay ?E quire Supreme Cou No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Attorney for Plaintiff Dated: I -7-10 q SAIDIS, DOWER & LINDSAY i West High Street Carlisle, PA co ., IJ? r z . FAYE A. SHEAFFER, Plaintiff V. JEFFERY L. SHEAFFER, Defendant i JAN ? F 20094 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-4035 330105801 IN DIVORCE ORDER OF COURT AND NOW, this -A6 day of '2009, upon consideration of , cwam? the within Agreement of the Parties, the terms thereof are hereby made an Order of Court. BY yHE COURT, . J. SAMIS, FLOWER & LINDSAY n t .uW 26 West High Street Carlisle, PA N LL- 9 L L t` l C-i