Loading...
HomeMy WebLinkAbout07-4148IF KIM E. SHUGHART, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO- JERRY A. SHUGHART, ?Defendant IN DIVORCE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWE&& j4DSAY SAIDIS, FLOWER & LINDSAY Arfoxqns-ATRW 26 West High Street Carlisle, PA I Carol J. Lin a , Esquire Attorney 193 26 West Hlg Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff KIM E. SHUGHART, Plaintiff V. JERRY A. SHUGHART, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE COMPLAINT IN DIVORCE 1. The Plaintiff is Kim E. Shughart, an adult individual, residing at 1061 York Road, Dillsburg, York County, Pennsylvania. 2. The Defendant is Jerry A. Shughart, an adult individual, residing at 1061 York Road, Dillsburg, York County, Pennsylvania. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 1, 1984, in SAIDIS, FLOWER & LP- OSAY 26 West High Street Carlisle, PA Linglestown, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that she has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 7. The averments in paragraphs 1 through 6 are incorporated hereto as if fully set forth herein. 8. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. COUNT II - INDIGNITIES 9. The averments in paragraphs 1 through 8 are incorporated hereto as if fully set forth herein. 10. Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff so as to make her life burdensome and her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. COUNT III - EQUITABLE DISTRIBUTION 11. The averments in paragraphs 1 through 10 are incorporated hereto as if fully set forth herein. 12. During their marriage, the parties have acquired certain property, both personal and real. WHEREFORE, Plaintiff requests this Court to equitably divide the marital property. Respectfully submitted, SAIDIS, FLOWER & LIN AY SAIDIS, FLOWER 8z LINDSAY Nf'VS- T uw 26 West High Street Carlisle, PA Attorney Id. 4?fiM 26 West High Stree Carlisle, PA 17013 (717) 243-6222 Dated: July 13, 2007 Counsel for Plaintiff re 10, VERIFICATION I verify that the statements made in the foregoing document are true and correct. I SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Kim Shughart Date: 7 - 13 -01 O W n (S7, C.? - . Q vs Q ?l. °)N r SAIDIS, FLOWER & LINDSAY ATtOW-LYS•ATIAW 26 West High Street Carlisle, PA KIM E. SHUGHART, Plaintiff V. JERRY A. SHUGHART, Defendant IN THE COURT OF COMMON PL AS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-t}14? IN DIVORCE AFFIDAVIT OF SERVICE I, Carol J. Lindsay, Esquire, being duly sworn according to law, hereby says that on July 17, 2007, she served a true and correct copy of the Divoi upon Jerry A. Shughart, Defendant, by mailing those documents to the his ad York Road, Dillsburg, PA 17019, by Certified U.S. Mail, Restricted Delivery, F Requested, as evidenced by the attached U.S. Postal Service Form 3811, Doi Receipt, the latter of which is signed by the recipient, Jerry A. Shughart. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, e Attorney Id. 446 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff Dated: July 18, 2007 Deposes and :e Complaint ress at 1061 ,turn Receipt iestic Return FLOWER SADIS, LINDSAY A IUME15-AT rww 26 West High Street Carlisle, PA items 1, •irlM Ahib" corr>Piete Mietn 4 If A Mctx YMery,,i$ desired. ¦ Print your name a??ddress Qn the reverse so that we can return the card to you. ¦ Attach this card to the back of the maHpkse, or on the front If apace permits. 1. Article Addressed to: Je- rry dhc g, Aar l0 & (- cr ? ? c O-cL- -31 11/(L urj, -7P} (70/9 A $1 C. Dirt' of D. is ileever? addreA dllFerertt from itsm'l f ? Yes If YES, enter delivery address below'. ? No 3. Service type 0 Certified Mail D Express Mail ? Registered ? Return Receipt for More! -- Me ? insured Mae ? C.O.D. 4. Restricted Deeveryl(Extra Fee) 2. Article Number - - (rianslerfromserWoe/abo 7004 1350 0003 7284 7368 PS Form 3811, February 2004 Domestic Return 102506402401-160D Cc . r0 0 aim W M .. • , . tti delivery For OFFICI AL USE ti 171 Postage $ M 0 Cerdfied Fee C3 r3 Return Redept Fee Postmark H (Endorsement Required) ere 0 ResULUd Delivery Fee u) (Endorsement Required) M ri Total Postage & Fees L=1 ° ON To Jerry A=.? 0 City, P Box No. 0 (C V -- n ------------ careZIP 11,5LLr 0l - RJ U "Y7 C3't co KIM E. SHUGHART, Plaintiff V. JERRY A. SHUGHART, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-4148 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Petitioner, moves the court to appoint a master with respect to the following claims: (X) Divorce ( X) Distribution of Property (Equitable Distribution) ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses FLOWER & 26 West High Street Carlisle, PA and in support of the motion states: (1) Discovery is not complete as to the claim(s) for which the appointment of a master is requested. (2) The Defendant, appeared in the action and is represented by counsel, (3) The statutory grounds for divorce are §3301(c) and/or (d) (4) Delete the inapplicable paragraph(s). (a) The action is contested. (b) An agreement has been reached with respect to the following claims: NONE. (c) The action is contested with respect to the following claims: ALL. (5) The action does not complex issues of law or fact. (6) The hearing is expected to take: one day (7) Additional information, if any, relevant to the motion: Defendant needs the following information from Plaintiff to proceed: 1. Plaintiff's 2009 Income Tax Return 2. Plaintiff's most recent pay stub n N o` _n _77y 1'a Za. SAIDIS, FLOWER I DSAY ?-? r7,r Date: L =k Carol J. Lind squire 26 West Hig et ?.. V Carlisle, PA 1 717-243-6222 CERTIFICATE OF SERVICE On this day of April, 2010, 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 first class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 SAIDIS, FLOWER & LINDSAY Carol J. Lindsay s" ire Supreme Cou I o. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY ATIORNElS-ATLAW 26 West High Street Carlisle, PA } ? I/ APR E 7 2010 KIM E. SHUGHART, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2007-4148 CIVIL TERM JERRY A. SHUGHART, Defendant IN DIVORCE ORDER APPOINTING MASTER AND NOW, this day of A-t4- 2010, .(T- Esquire, is appointed master with respect to the following claims: Divorce and equitable distribution. BY THE COURT, J. SAII)IS, FLOWER & LINDSAY ATrOWUS-ANAW 26 West High Street Carlisle, PA 0-of f / 1 es /Ya t k ?f 0,?? ? s'1s/lV =fy? CJ Co KIM E. SHUGHART, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 0 P29 CIVIL ACTION - LAW a NO. 2007-4148 CIVIL TERM= JERRY A. SHUGHART, - r Defendant j; IN DIVORCE z r t.. . f ; . z NOTICE TO DEFEND y'` -- s YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, LENDS" ATMRNEYS-AT uw 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY Carol J. Linds squire Attorney Id. 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff KIM E. SHUGHART, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2007-4148 CIVIL TERM JERRY A. SHUGHART, Defendant IN DIVORCE AMENDED COMPLAINT IN DIVORCE 1. The Plaintiff is Kim E. Shughart, an adult individual, residing at residing at 1072 Lancaster Boulevard, Unit 7, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Jerry A. Shughart, an adult individual, 1061 York Road, Dillsburg, York County, Pennsylvania. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 1, 1984, in Linglestown, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that she has SAIDIS, LINDSAY ATTORNEYS ATUw 26 West High Street Carlisle, PA the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 7. The averments in paragraphs 1 through 6 are incorporated hereto as if fully set forth herein. 8. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. COUNT II - INDIGNITIES 9. The averments in paragraphs 1 through 8 are incorporated hereto as if fully set forth herein. 10. Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff so as to make her life burdensome and her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. COUNT III - EQUITABLE DISTRIBUTION 11. The averments in paragraphs 1 through 10 are incorporated hereto as if fully set forth herein. 12. During their marriage, the parties have acquired certain property, both personal and real. WHEREFORE, Plaintiff requests this Court to equitably divide the marital property. SAIDIS, FLOWER & LINDSAY ATIOPWM AT IAW 26 West High Street Carlisle, PA Respectfully submitted, SAIDIS, FLOWER &," Carol J. Lindsa squire Attorney Id. 44 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff Dated: May 12, 2010 Y VERIFICATION I, Carol J. Lindsay, attorney for Plaintiff Kim E. Shughart, verify that the statements made in the foregoing document are true and correct and certify that I am authorized to do so. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Carol J. Linds quire, attorney for Plaintiff Kim hughart SAIDIS, FLOWER & LINDSAY AT ORNE15-Ai uw 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On this l 7/ day of May, 2010, 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 first class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 SAIDIS, FLOWER & LINDSAY All on Carol J. Lindsa, E uire Supreme Cou o. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY A77C)M S-Ai IAW 26 West High Street Carlisle, PA k ~1UN 25 2010 KIM E. SHUGHART, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW NO. 2007-4148 CIVIL TERM JERRY A. SHUGHART, Defendant IN DIVORCE ORDER OF COURT AND NOW, this Z ~~ day of Q~r`"' , 2010, upon consideration of the within Petition, a Rule is issued upon the Respondent to show cause why he should not provide the documents requested on April 23, 2010. Rule returnable Lo days from the date of service hereon. BY THE COURT, . /~~ J. iS~A~IDI,S~,7 i i1rLSt11 nrronr>Eysnnuw 26 West High Street Carlisle, PA J rte, e. ~~tidS~~~ ~~aa~~v ~'rn n N p _ --~ ~, '7 ~~., c 1 .,.i l.i , C_._ .-- ` F t _. - ~ ~ t .~ Y .~. '` -. rry y~rr ...Si. Y' ~ ~ .. c ~w KIM E. SHUGHART, Plaintiff v. JERRY A. SHUGHART, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2007-4148 CIVIL TERM IN DIVORCE ~' ~ .._ .. ~~ ` '1Y fai ~t~ ~ PRAECIPE !~~~~ r,` w Please withdraw Plaintiff's Petition to Compel Discovery. ~ <~~~ =~ `=; ~' ~_ t:i:: ) rs5 SAIDIS, FLOWER & LINDSAY ~ o' Carol J. Lindsay,,-E u' e Supreme Court ID .44693 26 West High Street Carlisle, PA 17013 717-243-6222 Attorney for Plaintiff SAIDIS, I1ND 2G West High Stteet Carlisle, PA Dated: June 30, 2010 CERTIFICATE OF SERVICE On this 30"' day of June, 2010, 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 first class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, Esquire Supreme Court ID No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 FLOWER ~ LINDSAY '+nom~evs•~uw 26 West High Street Carlisle, PA KIM E. SHUGHART, Plaintiff V. JERRY A. SHUGHART, Defendant IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO.: 07-4148 CIVIL IN DIVORCE zrn C "nr=- r _ cr cn ? PRAECIPE TO WITHDRAW/ENTER APPEARANCE c TO THE PROTHONOTARY: .w r' Kindly withdraw my appearance on behalf of the Plaintiff, Kim E. Shughart, in Ti? aMve:- r captioned matter. 'dis 'v Rogers 26 West High Sheet Carlisle, Pennsylvania 17013 Kindly enter my appearance on behalf of the Plaintiff, Kim E. Shughart, in the above captioned matter. Respectfully Submitted, Rominger & Associates Date. Karl E minger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Kim E. Shughart KIM E. SHUGHART, Plaintiff V. JERRY A. SHUGHART, Defendant IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO.: 07-4148 CIVIL IN DIVORCE CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I served a copy of the within Praecipe to Withdraw/Enter Appearance upon the following by depositing the same in the United States Mail, postage pre-paid, via first class mail, addressed as follows: Samuel L. Andes, Esquire 525 North Twelth Street P. O. Box 168 Lemoyne, PA 17043 Date -1 Respectfully Submitted, Rominger & Associates Karl . Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Kim E. Shughart 7011 JUL 27 AM 9: 12 CUMBERLAND COUNT, PENNSYLVANIA KIM E. SHUGHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 07-4148 JERRY A. SHUGHART, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on -7t,, ? / 13, 7--Q0-1 and served upon the Defendant on or about 3v J al5 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33010 OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 tihat 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 this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. i ) ?_?j 1 Dated: E. SHUG RT FILED 2011 JUL 27 AM 9: 12 KIM E. SHUGHART, Plaintiff vs. JERRY A. SHUGHART, Defendant CUMBERLAND COU Nis PENNS YLVA NI A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-4148 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on ( -7 and served upon the Defendant on or about 3,1 4's y ea ' 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Z6 u/? Dated: J ; RR . SHUG T KIM E. SHUGHART, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07 - 4148 CIVIL --9 ra-q rnw C_ rT" JERRY A. SHUGHART, R?te r- Defendant IN DIVORCE ? r- --+ca ORDER OF COURT ='c? c-s c co AND NOW, this 9; /L-7 day of 2011, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on July 26, 2011, the date set for a Master's hearing, the agreement and stipulation having been transcribed and signed by the parties, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent and waivers of the parties so that a final decree in divorce can be entered. BY THE COURT, Kevi A. Hess, P.J. cc: Karl E. Rominger Attorney for Plaintiff ? Samuel L. Andes Attorney for Defendant D/C8 E. 16prt I KIM E. SHUGHART, Plaintiff VS. JERRY A. SHUGHART, Defendant THE MASTER: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 4148 CIVIL IN DIVORCE Today is Tuesday, July 26, 2011. This is the date set for a Master's hearing in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Kim E. Shughart, and her counsel Karl E. Rominger, and the Defendant, Jerry A. Shughart, and his counsel Samuel L. Andes. This action was commenced by the filing of a complaint in divorce on July 13, 2007, raising grounds for divorce of irretrievable breakdown of the marriage and the claim of indignities. An amended complaint was filed to clarify the Cumberland County address of the parties inasmuch as the prior complaint listed both parties in York County. The Master is satisfied that the case is properly before the Cumberland County Courts and we are proceeding on that basis. The Complaint also raised a claim for equitable distribution. No claims have been raised by either for alimony or counsel fees and expenses. With respect to the grounds for divorce, we do not need to proceed with an indignities claim inasmuch as the parties have both signed affidavits of consent and waivers of notice of intention to request entry of divorce 1 decree today. The affidavits and waivers will be filed with the Prothonotary's office by Master's office and the divorce can conclude under Section 3301(c) of the Domestic Relations Code. The agreement. is going to be placed on the record in the presence of the parties. The agreement as placed on the agreement will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties are going return later today to review the agreement for typographical errors, make corrections as necessary, and then affix their signatures affirming the terms of settlement as stated on the record. Nevertheless, when the parties leave the hearing room today they are bound by the terms of the agreement even though they have not subsequently signed the agreement affirming the settlement by signature. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties were married September 1, 1984, and separated July 13, 2007. The parties are the natural parents of two 2 children, both of whom are emancipated. Mr. Andes. MR. ANDES: By way preparatory remark, let me say we have been here this morning now for over three hours discussing settlement. The case is four years old and the parties have exchanged extensive discovery in the form of documents and other information. Having been through that, the parties report that they are willing to settle the case on the following terms and this is the agreement they have reached. 1. Wife will retain the following assets either currently in her name or owned by her at the time of separation: a) Her savings accounts at Belco Credit Union; b) Her holiday savings account at Belco Credit Union; C) Her crown access savings account with Wachovia Bank; d) Her premium savings account with Wachovia Bank; e) Her account within the Pinnacle Health 401(k) plan; f) Her account within the Heritage Medical Group 401(k) plan; g) The insurance policy issued by Reliastar life insurance owned by her. Husband waives any claim to or interest in those assets and confirms them to be the sole and separate property of wife. 2. Husband is a participant in the Federal Thrift Savings Plan as a result of his employment by the federal government. The parties have agreed that he shall transfer to a tax deferred account in wife's name alone funds from his thrift savings plan account having a value of $70,000.00. The funds will be transferred pursuant to a 3 QDRO or Domestic Relations Order, whichever one is appropriate under the federal law. The parties will cause the Domestic Relations Order to be prepared and entered into the divorce case promptly after today's date and they will share the costs of preparing and implementing that order. 3. Husband shall pay to wife within thirty (30) days of today the sum of $10,000.00 in cash. That payment shall be considered equitable distribution of marital property and not as alimony. 4. Husband shall retain as his separate assets the following items: a) The 2003 Pontiac Grand Prix automobile in his possession at the time of settlement; b) The 1991 Subaru Legacy automobile in his possession at the time of settlement; c) The 1987 Chevrolet Nova automobile in his possession at the time of settlement; d) The 1997 Toyota Camry automobile in his possession at the time of settlement; e) His account in Member's 1st Federal Credit Union which was a checking account; f) His regular savings account at Member's 1st Federal Credit Union; g) His money management account at Member's 1st Federal Credit Union; h) His checking account at Wachovia Bank; i) Savings bonds in husband's name and in his possession; j) The benefits within the federal employees retirement system which he has earned and accrued during the marriage and to this date; k) The balance in his Federal Thrift Savings Plan after the transfer to wife described above; 1) The Reliastar life insurance policy which he owns. Wife waives and releases any claim to or interest 4 in any of these assets and agrees and acknowledges that they are the sole and separate property of husband free of any claims by her hereafter. 5. The parties own a residence at 1061 York Road, Dillsburg, York County, Pennsylvania. With regard to that property, the parties agree to dispose of it as follows: a) The parties have previously signed a listing agreement to list the property for a sale with a real estate agent, David Smolizer. That listing agreement is currently in the possession of wife's prior attorney. Wife will obtain that listing agreement and deliver it to Mr. Smolizer by Friday, July 29, 2011. Both parties will cooperate with that realtor to market and sell the property as promptly as possible after this date. b) There are items of personal property and furniture in the house which belong to wife. She will remove from the house within two (2) weeks of today those items which she wishes to remove. In the event she does not remove all of the items, both husband and wife will be responsible to dispose of any remaining items so the house is vacant and available for inspection and sale. c) Upon the sale of the house, wife shall receive 83.33% of the first $120,000.00 of net proceeds of sale (net proceeds being defined as the gross sale price reduced by the cost of sale including a real estate sales commision and the balance owed on the mortgage against the property which is approximately $35,000.00 or less at the present time). Husband shall receive 16.67% of the first $120,000.00 of the net sale proceeds of the property. In the event that there are net proceeds in excess of $120,000.00, the parties will divide those proceeds equally. d) Husband shall be responsible to pay, from today's date through the month of November 2011, the mortgage installment, the home owner's insurance premiums, and electric bill for the property. In the event that the house is not sold by and settled by the end of November, whoever pays those expenses after that date shall be reimbursed whatever funds they advanced to pay them from the net proceeds of sale before they are divided in accordance with the preceding paragraph. 6. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or 5 future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 7. Each of the parties does hereby waive and relinquish any claim for alimony, alimony pendente lite, or spousal support from the other party. The parties have previously exchanged information about their income incomes and expenses and are satisfied to waive any such claims. 8. The parties waive any further claim to the equitable distribution or division of their marital or non-marital assets. The parties are satisfied to accept the terms of this agreement as fully satisfying their claims for equitable distribution. 9. Each of the parties hereby waives any claim against the other for counsel fees or expenses, it being the intention of the parties that each of them shall bear those expenses themselves. MR. ANDES: Mr. Shughart, you have heard what I have had to say, do you have any questions about any of terms of the agreement? MR. SHUGHART: No questions. MR. ANDES: Are you satisfied you understand it? MR. SHUGHART: I understand it. MR. ANDES: Are you satisfied with it as the settlement of your claims, the claims between you and your wife? 6 MR. SHUGHART: Yes. MR. ANDES: And do you understand that when we leave now, today, this morning, whether you sign the agreement or not, you are bound by it? MR. SHUGHART: Yes. MR. ROMINGER: Ms. Shughart, did you hear what Mr. Andes said? MS. SHUGHART: Yes. MR. ROMINGER: And are you satisfied that this agreement is what you want to enter into? MS. SHUGHART: Yes. MR. ROMNIGER: And you understand that you are going to be bound by the terms of this orally even if you don't sign it but we have agreed to come back after lunch and sign it? MS. SHUGHART: Yes. THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be 7 imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: r Karl E. Rominger Attorney for Plaintiff 1 An es Attorney for Defendant 8 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA vs. CI(VrIL DIIVISION NO. CIVIL TERM S PRAECIPE TO TRANSMIT RECORD + Cri _ To the Prothonotary: C/)r' Transmit the record,together with the following information,to the court for entry of arce- i�o decree: 1 C- ; 1. Ground for divorce: ✓ Irretrievable breakdown under§ (3301(c)) and § (3301(d)(1))of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of agrvice of the complaint: J 3. Complete eithe ara ahb tn" p (a)or( .) (a) Date of execution of the affidavit of consent required by§ 3301(c)of the Divorce code: by plaintiff ; by defendant 1ki 1 (b)(1)Date of execution of the affidavit required by§ 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiffs § 3301(d) affidavit upon the respondent opposing party: 4. Related claims pending: y , ��Iv 5. Complete either(a)or(b) (a) Date and manner of service:of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff Waiver of Notice was filed with the Prothonotary: _ 'U1_, 1 Ox Date defendant's Wai 4 of Notice was filed with the Prothonotary: Attorne or Plaint /Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA KIM E. SHUGHART V. • JERRY A. SHUGHART No. 07-4148 CIVIL TERM DIVORCE DECREE AND NOW, crro...krit , , it is ordered and decreed that KIM E. SHUGHART , plaintiff, and JERRY A. SHUGHART , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE By the Court, . _ Arik - -- - - _ - Atte. J. _ Ar. . Prothonotary • • • 4519P PTvuu hd00 + g)• IN ci 01- F9isiew hc100 4-100