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Home My WebLink About07-5550RICKY E. SHOEMAKER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTy,, PE NSYLVANIA V. :NO. p'r- S'S'S'd C'/tv?'L £2n'1 BRENDA SHOEMAKER, : CIVIL ACTION - LAW 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 manage 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 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 FLOMTR & LINDSAY MEMERM 26 Wen H4h Street Carlisle, PA Respectfully submitted, SAIDIS, FLOWER & LINDSAY By Ma"u Matas, Esquire Su a Court ID # 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff RICKY E. SHOEMAKER, Plaintiff V. BRENDA SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 07- S5 O Ct,4 T."-- CIVIL ACTION - LAW IN DIVORCE . COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is Ricky E. Shoemaker, an adult individual residing at 127 Meals Drive, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Defendant is Brenda Shoemaker, an adult individual residing at 84 North Mountain Road, Cumberland County, Pennsylvania 17241. 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 February 27, 2004, in Mt. Holly Springs, Cumberland 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 he SAW FLONVFR ,&t LE4DW 26 West High Street Carlisle, PA has the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with §3301 of the Pennsylvania Divorce Code. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Ma ou tas, Esquire Attomey .84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: Counsel for Plaintiff FL?& LIIVDHAY 26 west High Street Carlisle, PA VERIFICATION 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. Dated: Ricky E. Shoemaker SAIDIS, FIA` VER & I R4EW,A ?Y 26 West High Street Carlisle, PA Ij N N q RICKY E. SHOEMAKER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 07-5550 BRENDA SHOEMAKER, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE I, Marylou Matas, Esquire, being duly sworn according to law, hereby deposes and says that on September 29, 2007 1 served a true and correct copy of the Complaint in Divorce upon Brenda Shoemaker, by mailing those documents to the her address at 84 North Mountain Road, Newville, PA 17241 by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient, Brenda Shoemaker on September 29, 2007. Respectfully submitted, SAIDIS, SNUFF, FLOWER & LINDSAY ? ?WERR & LRVDS" 26 West High Street Carlisle, PA Maryl,vu Matas, squire Attor Id. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: /%1-1D-1-- Counsel for Plaintiff ¦ Complete items 1, 2, and 3. Also complete A. Item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpkw^ or on the front if space permits. 1. Article Addressed to, y ?30 P171a?1 3. Service Type OLCerdfled Mail ? Express Mall ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 14. Restricted Delivery? (Extra Fee) IN Yes 2. Article Number ( erwer from service reset) PS Form 3811, February 7004 1350 0003 7285 9606 Domestic Return Receipt ? Addressee weaved by (Printed Nam) C. Date of Delivery '? •2Y -6 7 d&.wy address dM*ant from Rem 1? ? Yes YES, enter del very address below: ? r : rT-1- t RICKY E. SHOEMAKER, Plaintiff VS. BRENDA SHOEMAKER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-5550 CIVIL TERM IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Brenda Shoemaker, in the above captioned matter. Respectfully submitted, DATE: 6 8_ Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 C 30, A RICKY E. SHOEMAKER, Plaintiff, V. BRENDA SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-5550 CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 800-990-9108(PA only) (717) 249-3166 r RICKY E. SHOEMAKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW BRENDA SHOEMAKER, NO. 07-5550 CIVIL TERM Defendant IN DIVORCE PETITION FOR ECONOMIC RELIEF COUNTI EQUITABLE DISTRIBUTION 1. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 2. Plaintiff and Defendant are joint owners of real estate located in Cumberland County, which was acquired during their marriage and which is subject to equitable distribution. 3. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Defendant requests your Honorable Court to enter a decree equitably dividing the parties' property and equitable apportioning the debts incurred by the parties. COUNT H ALIMONY, ALIMONY PENDENTE LITE, AND COUNSEL FEES 4. Paragraphs 1 through 3 are incorporated herein by reference as if set forth in their full text. W 5. Defendant is unable to provide for, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 6. Defendant is without sufficient property and otherwise unable to financially support herself although employed. 7. Plaintiff is presently employed and receiving a substantial income and benefits and is able to pay for counsel fees, expenses, and costs, as well as alimony, and alimony pendente lite for the Defendant. WHEREFORE, Defendant requests your Honorable Court to enter an Order requiring Plaintiff to pay for Defendant's counsel fees, expenses, and costs as well as providing for payment of an appropriate alimony and alimony pendente lite to Defendant. Respectfully submitted, Esquire 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 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. Section 4904, relating to unworn falsification to authorities. DATE: (p -dr 6 ' &Ir BRENDA L. S AKER RICKY E. SHOEMAKER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW BRENDA SHOEMAKER, NO. 07-5550 CIVIL TERM Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire hereby certify that I did, the 3 rday of June, 2008, cause a copy of Defendant's Petition for Economic Relief to be served upon the Plaintiff, Ricky E. Shoemaker, by serving his attorney of record by first class mail, postage prepaid, at the following addresses: Marylou Matas, Esquire 26 West High Street Carlisle, PA 17013 DATE: L. ie, Esquire or Defendant n w O C"r v ? w RICKY SHOEMAKER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : PACSES NO. BRENDA L. SHOEMAKER, NO. 80-73M CIVIL TERM d7 - 519S6 Defendant/Respondent : IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE, INTERIM COUNSEL FEES AND EXPENSES AND NOW comes Petitioner, Brenda L. Shoemaker, by and through her counsel of record, Bradley L. Griffie, Esquire, and petitions the Court as follows: 1. Your Petitioner is the above named Defendant, Brenda L. Shoemaker, an adult individual currently residing at 84 North Mountain Road, Newville, Cumberland County, Pennsylvania. 2. Your Respondent is the above named Plaintiff, Ricky Shoemaker, an adult individual whose last known mailing address was 84 North Mountain Road, Newville, Cumberland County, Pennsylvania, and who is represented in these proceedings by Marylou Matas, Esquire of 26 East High Street, Carlisle, Cumberland County, Pennsylvania. 3. Petitioner's date of birth is November 28, 1957, and her Social Security number is 184-48-3044. 4. Respondent's date of birth is September 7, 1959, and his Social Security number is 165-52-0827. 5. The divorce action filed to the above docketed number in the Court of Common Pleas of Cumberland County requests a divorce based upon Section 3301(c) of the Divorce Code of 1980 as amended. 6. Petitioner has filed a Counterclaim in these divorce proceedings, including a claim for Alimony Pendente Lite, for which costs have been paid. 7. Petitioner has employed counsel and will incur certain costs and expenses in pursuit of the aforementioned divorce action, but is without sufficient assets or income to support herself, pay for attorney's fees, or pay for the costs and expenses associated with this action. 8. Respondent has sufficient income and earning capacity, as well as assets, to support the Petitioner or to assist in supporting Petitioner, and to pay alimony pendente lite to Petitioner, as well as assist in paying her counsel fees, costs and expenses. 9. Petitioner resides in the former marital residence, owned jointly by the parties, and Respondent has been assisting Petitioner financially to date by paying the mortgage on the property. WHEREFORE, Petitioner requests your Honorable Court to enter an Order of Alimony Pendente Lite, Interim Counsel Fees, Costs and Expenses in this matter. submitted, Esquire GRIFFIE '& ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 4 VERIFICATION 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. Section 4904, relating to unsworn falsifications to authorities. DATE: t? O1? ? ?8 , I /t/?,x a&Advx) BRENDA L. SHO MAKER RICKY SHOEMAKER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW PACSES NO. BRENDA L. SHOEMAKER, NO. 00-7351 CIVIL TERM Defendant/Respondent : IN DIVORCE CERTIFICATE OF SERVICE TH 1, Bradley L. Griffie, Esquire hereby certify that I did, the ? day of January, 2009, cause a copy of the within Petition for Alimony Pendente Lite, Interim Counsel Fees and Expenses to be served upon the Plaintiff, Ricky E. Shoemaker, by serving his attorney of record by first class mail, postage prepaid, at the following address: Marylou Matas, Esquire 26 West High Street Carlisle, PA 17013 DATE: `? ?? ?.?.?\. ?. i' '_'.3 F??? r ""`i ? "?i z..? ??.? ?'. ) ~r? ,.. ^.?3 ?.. A ? (?'? /w??yV\ "°?+.J R RICKY E. SHOEMAKER, Plaintiff/Petitioner vs. BRENDA SHOEMAKER, Defendant /Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-5550 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AND NOW comes, RICKY E. SHOEMAKER, by and through his counsel, Saidis, Flower and Lindsay, and petitions this Honorable Court as follows: 1. The Petitioner and Respondent are husband and wife, having been joined in marriage on February 27, 2004. 2. Petitioner filed a Complaint in Divorce under Section 3301(c) of the Divorce Code on September 20, 2007. 3. On November 3, 2008, Petitioner served on Respondent a Request for Production of Documents First Set and Interrogatories First Set, a copy of which is attached hereto as "Exhibit A and B" respectively. 4. Counsel for Respondent acknowledged the receipt of the Discovery Requests by correspondence dated November 7, 2008, a copy of which is attached hereto and incorporated by reference as "Exhibit C". 5. Thirty (30) days have past and Respondent has failed to produce the documents SAWIS, FLOWER & LIlVDS" 26 West High Street Carlisle, PA requested. 6. By correspondence dated December 15, 2008, counsel for Petitioner advised that a Motion to Compel Discovery would be filed if Respondent failed to produce the documents by December 29, 2008. Counsel does not concur with the filing of this Motion. 7. No Judge has been assigned to this case as of yet. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon Respondent to show cause why she should not be compelled to respond to the Request for Production of Documents and answer the Interrogatories that have been served upon her. Respectfully Submitted, f?% Marylou s, Esquire 26 West Street Carlisle, PA 17013 (717) 243-6222 Fax (717) 243-6486 Attorney for Plaintiff/Petitioner SAIDIS, FTLOM FM & LINDSAY 26 West High Street Carlisle, PA RICKY E. SHOEMAKER, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2007-5550 CIVIL TERM BRENDA SHOEMAKER, CIVIL ACTION - LAW Defendant/Respondent IN DIVORCE VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that the false statements herein made are subject to the penalties of 19 Pa.C.S. Section 4904, relating to the unswom falsifications to authorities. j , Date: Ma s, Esqul SAIDIS, FLOWER & LINDSAY Fregym 26 West High Street Carlisle, PA RICKY E. SHOEMAKER, Plaintiff/Petitioner VS. BRENDA SHOEMAKER, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-5550 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Marylou Matas, Esquire, hereby certify that I did on the C day of January, 2009, cause a copy of Petitioner's Motion to Compel to be served upon Respondent's counsel of record by first class mail, postage prepaid at the following address: Bradley L. Griffie, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 SAIDIS, FLOWER & LIlVDS" 26 West High Street Carlisle, PA Date: Ma tas, Esq'uft 26 West n Street Carlisle, PA 17013 (717) 243-6222 Fax (717) 243-6486 Attorney for Plaintiff/Petitioner RICKY E. SHOEMAKER, Plaintiff VS. BRENDA SHOEMAKER, Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5550 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE REQUEST FOR PRODUCTION OF DOCUMENTS TO: Brenda Shoemaker c/o Bradley L. Griffie, Esquire 200 North Hanover Street Carlisle, PA 1713 PLEASE TAKE NOTICE THAT pursuant to Pa.R.C.P. 4003.3 and 4009, you are required to furnish at our office, on or before thirty (30) days after service hereof, a photostatic copy or like reproduction of the materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attomey/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof: 1. Your most recent paystub. 2. A copy of all statements for your pension plan, retirement plan, 401(k) statements, deferred comprensation plan, employees savings plan, and the like, to include a statement for the month of your marriage, the month of separation and the present. 3. Copies of statements for any and all credit card accounts which you claim to marital debt for the month of the marriage, the month of separation and the present. 4. Statements reflecting the any and all life insurance policies which you own or have an interest in reflecting the beneficiary, cash value as of the date of marriage, date of separation and present and policy amount. 5. All statements for your checking account, savings account, money market account or any other investment account which you own or have an interest, include a statement for the month of your marriage, the month of separation and the present. 6. A statement reflecting what you believe to be the value of your vehicle in your possession. 7. Any appraisal report or other report listing what you believe to be the value of the personal property which you have in your possession SAIDIS, FLOWER & L DSAY Mary atas, 854uire Attorney Id. 84919 26 West High Street Carlisle, PA 17013 / (717) 243-6222 Dated: //bg Counsel for Plaintiff RICKY E. SHOEMAKER, Plaintiff VS. BRENDA SHOEMAKER, Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5550 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE On the day of November, 2008, I, Marylou Matas, 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: Bradley L. Griffie, Esquire 200 North Hanover Street Carlisle, PA 17013 SAIDIS, FLOWER & LINDSAY c4z Marys, Esquire Attomey 919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff RICKY E. SHOEMAKER, Plaintiff vs. BRENDA SHOEMAKER, Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY PENNSYLVANIA : NO. 2007-5550 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S INTERROGATORIES DIRECTED TO DEFENDANT TO: Brenda Shoemaker c/o Bradley L. Griffie, Esquire 200 North Hanover Street Carlisle, Pa 17013 YOU ARE HEREBY NOTIFIED that you are required, pursuant to Pennsylvania Rule of Civil Procedure No. 4005, to serve upon the undersigned, within thirty (30) days, after service of this Notice, your Answers in writing under oath to the following Interrogatories. These Interrogatories shall be deemed to be continuing and if, between the time of your Answers and the time of trial in this case, you, or any acting on your behalf, learn of any further information not contained in these Answers, you shall promptly fumish that information to the undersigned by Supplemental Answers. SAIDIS, FLOWER & LINDSAY Marylou a , Esquire Attorney I . 919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff INTERROGATORIES Defendant, Brenda Shoemaker, propounds the following Interrogatories to Plaintiff, which must be answered within thirty (30) days of service hereof. 1. The full name, address and telephone number of each of your places of employment; 2. The date you commenced your employment; 3. Your job title or position. ANSWER: 4. What is the amount of bonus you received or you are entitled to receive during the past three (3) years? 5. How are the bonuses calculated? ANSWER. 6. Does the business or individual or other entity owe you any money, whether resulting from loan, undistributed profit, dividend or other form of credit, to which you are now entitled or will be entitled in the future? ANSWER: 7. Are you the owner, individually or with others, of any interest in any securities, or in any mutual fund, including but not limited to, stock funds, money market funds, bonds, municipal bond funds, gold funds, etc.? If so, please list the names of said securities or funds, the balance as of the date of marriage, date of separation and present. ANSWER: 8. Do you own, individually or jointly with another, any certificates of deposit, treasury notes, or other depository receipt of any kind? If so, please list the names of said funds, the balance as of the date of marriage, date of separation and present. ANSWER: 9. Do you now or have you at any time since the date of marriage, maintained or had access to a safe deposit box? If so, please detail the contents at the time opened, and the date of separation? ANSWER: 10. Since the date of marriage, have there been accounts at a savings or commercial banking institution, brokerage firm, or any other type of financial institution, on which your name did not appear but in which you deposited any funds? If so, please designate by account number and name of financial institution, and indicate the name(s) under which the account is listed. ANSWER: 11. State whether you have during the past four years made any gift to any person other than your spouse, in cash or in kind, having a value of $500.00 or greater. ANSWER: 12. Please list out and estimate the current market value of your household contents including, but not limited to, furnishings, personal effects or other personal property (excluding jewelry). 13. Do you receive, or have you received, during the past four (4) years, any gifts, contributions, gratuities, benefits, services, fringe benefits or perquisites from any source, business or otherwise, including family members and/or friends, for any of the following expenses? Detail the source, the dates and amounts of payments or goods or services and the purpose of the payment or goods or services: A. Living accommodations, including utilities and related expenses; B. Food, household products and sundries; C. Clothing; D. Recreation and entertainment (e.g., club memberships, dues, etc.); E. Vacation or travel; F. Education; G. Automobile or other vehicle; H. Expense account or reimbursement; 1. Company credit cards; J. Use of company facilities (boat, cottage, condominium, etc.); K. Company loans and salary or advance account; L. Company product discounts; M. Life, health, disability or automobile insurance; or N. Other (specify). ANSWER: 14. With what lending or credit institution have you filed a financial statement or loan application during the past five years? 15. What was the purpose(s) of such loan(s)? ANSWER: 16. List all outstanding debts which you are obligated to pay, which you claim to be marital. State the balance as of the date of marriage, the date of separation and the present. State whether any large items were purchased and which you still retain (example: household appliances or computer) ANSWER: 17. Are you presently, or have you been during the past four years, the beneficiary of any trust? ANSWER: 18. Have you received or do you expect to receive an inheritance and/or expectancy, and in what form (cash, property, etc.) and when you do you expect to receive same. If this is part of an Estate or trust, please designate name, address, and telephone number of the Executor, Administrator, or Trustee. Provide a copy of the Will or Trust instrument in which you are names as beneficiary. ANSWER: 19. Please state the make, model, and year of each vehicle, boat, motor bike, airplane, etc. owned by you. 20. What was the value of the vehicle at separation, its current value, and basis for such valuation? ANSWER: 21. Please state the name of the financial institutions, and addresses thereof, as well as your account number, and the current balance for all checking, savings and other bank accounts in which you have an interest. 22. What was the balance of each account at the date of marriage and at the date of separation? ANSWER: 23. What is the name and address of the insurance company and type of policy (ordinary life, term, annuity, etc.) and identifying number for each insurance policy in which you have an interest? 24. What is the face value, and current cash surrender value of each policy listed above? 25. Indicate loans against each policy, including date, amount, and purpose of loan. 26. What is the name of the owner and the name of insured on each policy? 27. What is the name, address and relationship, if any, of beneficiary? 28. Has your interest in any insurance policy been canceled, allowed to lapse, liquidated or otherwise been terminated in the last five years? 29. Designate any change or transfer of beneficiary designation as to any policy listed above, over the past five years. ANSWER: Respectfully submitted, SAIDIS, FLOWER & LINDSAY Mary s, Esquire Attorney 1 919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff RICKY E. SHOEMAKER, Plaintiff vs. BRENDA SHOEMAKER, Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5550 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE On the i?A ekL day of November, 2008, I, Marylou Matas, 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: Brenda Shoemaker 84 North Mountain Rd. Newvilie, PA 17241 SAIDIS, FLOWER & LINDSAY Marylo to , Esquire Attorney 1919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff G.,JFF.rE NOV 10 2008 Attorneys and Counselors at Law Bradley L. Griffie, Esquire Hannah Herman-Snyder, Esquire Robin J. Bassett Office Manager Reply to: Carlisle November 7, 2008 Marylou Matas, Esquire 26 West High Street Carlisle, PA 17013 RE: Shoemaker vs. Shoemaker Dear Marylou: 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 100 Lincoln Way East, Suitt 1) Chambersburg, PA 17201 (717) 267-1350 (800) 347-5552 Fax(717)243-5063 I received your formal discovery request in this matter. Ms. Shoemaker is securing documentation and information that you have requested and I will provide that to you upon receipt. I have instructed her, upon receipt of your correspondence of November 3rd, to have the information to me within two weeks. When I have that and provide it to you, I will suggest that you review it prior to requiring us to answer your formal discovery. If, after you review the documentation, you believe there is additional information you need, then, obviously, we will answer the formal discovery. I would think we likely would respond by providing formal discovery of our own if we, likewise, are not satisfied with the information Mr. Shoemaker provides. Very truly yours, dley L. Griffie BLG/rjb Cc: Brenda L. Shoemaker .rs ZAP -G N 0 al5 JAN 1 2 2009,, RICKY E. SHOEMAKER, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2007-5550 CIVIL TERM BRENDA SHOEMAKER, : CIVIL ACTION - LAW Defendant/Respondent IN DIVORCE ORDER OF COURT Now this 15..1 h day of _ 1R n ? a+'y 2009, upon consideration of the within Petition a Rule issued upon Brenda Shoemaker to show cause why she should not be required to produce the documents and answer the Interrogatories requested on November 3, 2008. Respondent has ten (10) days to provide documents and answer the Interrogatories or a sanction shall be issued. By the Court SAWIS, FLOWER & LUNDSAY 26 West High Street Carlisle, PA cc: , Marylou Matas, Esquire Attorney for plaintiff Z"Bradley L. Griffie, Esquire . Attorney for Defendant (20p1 E.s m;a t LL L C :01 WV S 1 NVr 6001 31LU JO RICKY E. SHOEMAKER, Plaintiff/Respondent VS. BRENDA L. SHOEMAKER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 07-5550 CIVIL TERM IN DIVORCE PACSES Case No: 222110594 ORDER OF COURT AND NOW, this 26th day of January 2009, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 1,954.60 and the Respondent's monthly net income/earning capacity is $ 4,141.62, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit One Thousand Five Hundred Forty-two and 00/100 Dollars ($ 1,542.00) per month payable weekly as follows: $ 1,444.00 per month for Alimony Pendente Lite and $ 98.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule in the amount of $ 355.85 per week. The effective date of the order is January 8, 2009. Arrears set at $ 585.22 as of January 26, 2009. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Brenda L. Shoemaker. 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 Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 THIS ORDER CONSIDERS AN ADDITIONAL SUM OF $569.00/M FOR A MORTGAGE CONTRIBUTION ON THE MARITAL HOME. HUSBAND IS GIVEN CREDIT IN THE AMOUNT OF $554.16 FOR TWO DIRECT PAYMENTS ON THE FIRST MORTGAGE IN THE MONTH OF JANURAY 2009. HUSBAND SHALL PAY THE REMAINING RETROACTIVE ARREARAGE AT THE RATE OF $98.00 PER MONTH. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Mailed copies on: January 27, 2009 to: Petitioner Respondent Bradley L. Griffie, Esq. Marylou Matas, Esq. Petitioner's Attorney Respondent's Attorney BY THE COURT, rA\ t M. L. Ebert, Jr., J. DRO: R.J. Shadday ? ? c,.. ??? ?::? ti:': tt, ?? c.:, -? ?= .? ?? ?'o ,.,. -V.,, ?:;:, c.,? `?, ?? ?,? ?, :?;' r L RICKY E. SHOEMAKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2007-5550 BRENDA SHOEMAKER, Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Ricky E. Shoemaker, Petitioner, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property (Equitable Distribution) ( ) Annulment ( 1 Support 1 ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ? Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The Defendant has appeared in this action and is represented by counsel; Bradley L. Griffie, Esquire. (3) The statutory ground for divorce is 23 Pa.C.S.A. §3301 (c) and 23 Pa.C.S.A §3301(d)• (4) Delete the inapplicable paragraph(s). (a) The action is uncontested. (b) An agreement has been reached with respect to the following claims: Distribution of Property. (c) The action is contested with respect to the following claims: NONE. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take: One day (7) Additional information, if any, relevant to the motion: NONE. Respectfully Submitted, FLOWER & LINDSAY 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY Date: 1 2? . 9A- ' Ma6466 atas, Esquire 26 West High Street Carlisle, PA 17013 (717) 243-6222 Fax (717) 243-6486 Counsel for Plaintiff i RICKY E. SHOEMAKER, Plaintiff V. BRENDA SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-5550 IN DIVORCE CERTIFICATE OF SERVICE This is to certify that in this case, complete copies of all papers contained in the attached Motion for Appointment of Master have been served upon the following person(s) by the following means and on the dates stated: Name & Address Means of Service Date of Service Bradley L. Griffie, Esquire Certified, Restricted and Griffie & Associates First Class Mail 200 North Hanover Street Carlisle, PA 17013 Marylou M t?s, Esquire 26 West Main Street Carlisle, PA 17013 (717) 243-6222 Fax (717) 243-6486 Counsel for Plaintiff SAMIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA C') ?V ? f"-. ? ^ +r..,? 11 ... ?, ?.} yk ?' t ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 07-5550 CIVIL State Commonwealth of Pennsylvania OOriginal Order/Notice Co./City/Dist. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 01/26/09 OTerminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice Employer/Withholder's Federal EIN Number USA SPARES, INC. 1468 TRINDLE RD CARLISLE PA 17015-9741 165-52-9827 Employee/Obligor's Social Security Number 1575102073 Employee/Obligor's Case Identifier (See Addendum for pbinfiff names associated ?with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 1,444.00 $ 0.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) Arrears 12 weeks or greater? O yes ® no RE: SHOEMAKER, RICKY E. Employee/Obligor's Name (Last, First, MI) one-time lump sum payment for a total of $ 1,444.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 333.23 per weekly pay period. $ 722.00 per semimonthly pay period (twice a month) $ 666.46: per biweekly pay period (every two weeks) $ 1, 444.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: DRO; R.J. Shadday Service Type M M. L. Ebert, Jr., OMB No.: 0970-0154 Form EN-028 Rev. 4 Worker I D $ IATT '! ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS Ifheckei you are required to rQYide aopy of this form to your employee. If yo?r employee works in a state thatis di event rom the state that issued this o er, a copy must be provided to your employee even if the box is not checked 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employeelobligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 4504939230 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 13 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: SHOEMAKER, RICKY E. EMPLOYEE'S CASE IDENTIFIER: 1575102073 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMS No.: 0970-0154 Worker ID $IATT t ADDENDUM Summary of Cases on Attachment Defendantlobligor: SHOEMAKER, RICKY E. PACSES Case Number 222110594 PACSES Case Number Plaintiff Name Plaintiff Name BRENDA L. SHOEMAKER Docket Attachment Amount Docket Attachment Amount 07-5550 CIVIL$ 1,444.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M Addendum OMB No.: 0970-0154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev. 4 Worker I D $ IATT co: u1 C%j AF JAN ? u 2009?7- RICKY E. SHOEMAKER, Plaintiff V. BRENDA SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-5550 IN DIVORCE ORDER APPOINTING MASTER AND NOW, this _ t day of U,crtn 2009, i? f xe ? Esquire, is appointed master with respect to the following claims: (X) Divorce (X) Distribution of Property (Equitable Distribution) ( ) Annulment ( 1 Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( 1 Costs and Expenses SAIDIS, FLOWER & UNDSAY 26 West High Street Carlisle, PA cc: zBradley L. Griffie, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 Counsel for Defendant Marylou Matas, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Counsel for Plaintiff ?ie s rnu t (.EcL i/as/v9 BY CO T, J. U'l LIJ 4..' N ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 02/02/09 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number USA SPARES, INC. 1468 TRINDLE RD CARLISLE PA 17015-9741 165-52-0827 Employee/Obligor's Social Security Number 1575102073 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 $ $ 0.00' 0.00 $ 0.00 $ 1,444.00 $ 98.00 $ 0.20 $ 0.00 per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) one-time lump sum payment for a total of $ 1,542.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 355 - 85 per weekly pay period. $ 771.00 per semimonthly pay period (twice $ 711.69 per biweekly pay period (every two weeks) $ 1, a month) y p ry 542 . oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAMEAND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. ` BY THE COURT: "?1•,, ?\ i D}ZO: R. J. Shadday M. L. Ebert, Jr., Service Type M OMB No.: 0970-0154 Arrears 12 weeks or greater? O yes ® no O Origi nal Order/Notice 222110594 07-5550 CIVIL OAmended Order/Notice OTerminate Order/Notice QOne-Time Lump Sum/Notice RE: SHOEMAKER, RICKY E. Employee/Obligor's Name (Last, First, MI) Form EN-028 Rev. 4 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If heck you are required to pr vide a opy of this form to your m loyee. If yoyr employee works in a state that is different from the state that issuedthis oger, a copy must be provieedpto your employee even if the box is not checked 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 4504939230 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: SHOEMAKER, RICKY E. EMPLOYEE'S CASE IDENTIFIER: 1575102073 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT. NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SHOEMAKER, RICKY E. PACSES Case Number 222110594 PACSES Case Number Plaintiff Name Plaintiff Name BRENDA L. SHOEMAKER Docket Attachment Amount Docket Attachment Amount 07-5550 CIVIL$ 1,542.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Addendum Service Type M OMB No.: 0970-0154 Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev. 4 Worker I D $ IATT l v: x is c= y. = ?t N ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 07-5550 CIVIL State Commonwealth of P nn ylvania OOriginal Order/Notice Co./City/Dist. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 06/29/09 0Terminate Order/Notice Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice RE: SHOEMAKER, RICKY E. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 165-52-0827 Employee/Obligor's Social Security Number USA SPARES, INC. 1575102073 1468 TRINDLE RD Employee/Obligor's Case Identifier CARLISLE PA 17015-9741 (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 1,444.00 $ 0.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) one-time lump sum payment Arrears 12 weeks or greater? O yes ® no for a total of $ 1,444.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 333.23 per weekly pay period. $ 722.00 per semimonthly pay period (twice $___±_6 6 - 46 per biweekly pa a month) p y period (every two weeks) $ 1, 444.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic pavment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. N t BY THE COURT: U4 DRD: R.J. Shadday Service Type M OMB No.: 0970-0154 Form EN-028 Rev.5 Worker ID $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS El If hecked you are required to provide a copy of this form to your m loyee. If your employee works ina state that is diferent from the state that issued this order, a copy must be provi cedpto your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 4504939230 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: SHOEMAKER, RICKY E. EMPLOYEE'S CASE IDENTIFIER: 1575102073 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 CARLISLE PA 17013 by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summarv of Cases on Attachment DefendanUObligor: SHOEMAKER, RICKY E. PACSES Case Number 222110594 PACSES Case Number Plaintiff Name Plaintiff Name BRENDA L. SHOEMAKER Docket Attachment Amount Docket Attachment Amount 07-5550 CIVIL$ 1,444.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB DOB DOB Addendum Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker I D $ IATT VIC OF THE F!,I" -.nN ??,; 'zy 20G9 JUN 30 C i 3: 01 CuMil RICKY E. SHOEMAKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-5550 CIVIL TERM BRENDA SHOEMAKER, CIVIL ACTION -LAW Defendant IN DIVORCE PETITION FOR EXCLUSIVE POSSESSION AND NOW, comes Petitioner, Brenda Shoemaker, by and through her counsel of record, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates, and petitions the Court as follows: 1. Your Petitioner is the above named Defendant, Brenda Shoemaker, currently residing at 84 North Mountain Road, Newville, Cumberland County, Pennsylvania. 2. Your Respondent is the above named Plaintiff, Ricky E. Shoemaker, an adult individual currently residing at 712 Bloserville Road, Newville, PA 17241. 3. The parties are the joint owners of real estate located at 84 North Mountain Road, Newville, Cumberland County, Pennsylvania. 4. The property is encumbered with three mortgages due and owing to M&T Bank. 5. In September 2006, Respondent vacated the former marital residence to reside with his new girlfriend. 7. Since September 2006, Petitioner has resided alone at the residence and Respondent has resided with his girlfriend at various addresses, the most recent of which is his current address at 712 Bloserville Road, Newville, PA 17241. 8. At the time the Respondent vacated the residence, he removed various personal property items, that he claimed to be his, as well as and other marital personal property that he wished to remove from the home. 9. Although Respondent has returned to the residence on multiple occasions over the past three (3) years, he has not slept at the residence, nor has he moved any personal property back into the residence since September 2006. 10. Since September 2006, Respondent has returned to the former marital residence on repeated occasions and removed additional personal property items without prior notice to Petitioner. 11. Respondent was in the home on October 6, 2009, when Petitioner was at home and not at work because of illness, and removed personal property from the home. 12. Respondent has been in the home as recently as October 26, 2009. 13. Petitioner has, on numerous occasions, been startled in her home to find Respondent appearing in the home, without any prior notice, walking throughout the home as though he continued to reside there. 14. As noted above, the former marital residence has three mortgages, all of which are being maintained by Petitioner. 15. Petitioner is gainfully employed and away from the residence for over 40 hours per week for her employment. 16. Respondent routinely returns to the former marital residence, usually multiple times per week, and goes through the mail at the home without prior notice to Petitioner. 17. This divorce action is presently pending before the Divorce Master, E. Robert Elicker, 11, Esquire, where counsel for the parties have conducted a Pre-Trial Conference and where the parties and counsel have conducted a Settlement Conference. 18. Petitioner believes and, therefore, avers that Respondent, through the Master's proceedings, has become aware of the likelihood that Petitioner will retain the former marital residence as her separate property at the conclusion of the divorce proceedings. 19. Respondent has begun removing additional items from the home to thwart the resolution of these proceedings through the Master's process. 20. Petitioner has no way to protect herself and her property from Respondent's improper, self-help actions without Court intervention. 21. Respondent has had the quiet enjoyment of his homes, since he moved in September 2006, without interference from Petitioner. 22. Petitioner should be afforded the quiet enjoyment of her home in that Respondent moved from the home more than three (3) years ago, Respondent has established his own residence, Petitioner must work extensive hours, Petitioner fears for the safety of her personal property and real estate and Petitioner cannot feel comfortable in her home because Respondent may, and has, appeared at his whim. 23. It is impossible for Petitioner, who resides alone, to protect her home and the personal property within her home, particularly due to her employment, and, therefore, it is necessary to have court intervention to require Respondent to stay away from Petitioner's home. 24. Petitioner has been unable to gain Respondent's cooperation to stay away from Petitioner's residence despite repeated requests directly to Respondent from Petitioner and requests through counsel. 25. Petitioner believes and, therefore, avers that Respondent will take additional action to remove personal property items from the home, enter the home without prior notice, review and or remove Petitioner's mail, or take other action adverse to Petitioner in the instant divorce proceedings if he is not promptly excluded from the home. 26. Respondent is represented in these proceedings by Marylou Matas, Esquire, of Sa.idis, Flower and Lindsay, 26 West High Street, Carlisle, Pennsylvania and she has been provided with a copy of this Petition prior to filing; based on prior efforts to gain Respondent's cooperation relative to Petitioner's desires for Respondent to cease returning to the residence, Petitioner is aware that Respondent does not concur in this request. 27. There has been no prior Judge involved in this matter. WHEREFORE, Petitioner requests your Honorable Court to enter a Temporary Order excluding Respondent from the former marital residence at 84 North Mountain Road, Newville, Cumberland County, Pennsylvania, and require Respondent to immediately return the keys and garage door opener to the home and, further, to enter a Rule to Show Cause upon Respondent as to why this Order should not be made permanent pending further Order of Court or agreement of the parties. Respectfully submitted, for, Esquire ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 Oct 20 09 01:19p (717) 2G1-1408 P.9 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. Section 4904, relating to unsworn falsification to authorities. DATE:_ - QCJ B ENDA SHOE "#R 10/20/2009 1:07PM (GMT-04:00) RICKY E. SHOEMAKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-5550 CIVIL TERM BRENDA SHOEMAKER, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire hereby certify that I did, the day of October, 2009, cause a copy of the within Petition for Exclusive Possession and resulting Order of Court and Rule to Show Cause, to be served upon the Plaintiff/Respondent, by serving her attorney of record by facsimile and first class mail, postage prepaid, at the following address: Marylou Matas, Esquire 26 West High Street Carlisle, PA 17013 (Facsimile) (717) 243-6486 DATE: b a C? ie, Esquire GRIFFIE AND ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 OF THE RI?07'U'?,14!0"TARY 2009 OC T 30 A!!: 17 ' • NOV 0 Z 2009 RICKY E. SHOEMAKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-5550 CIVIL TERM BRENDA SHOEMAKER, CIVIL ACTION -LAW Defendant IN DIVORCE ORDER OF COURT AND RULE TO SHOW CAUSE AND NOW this V? day of 2009, upon presentation and consideration of the within Petition, it is hereby ORDERED and DECREED that: 1. A Rule is hereby issued upon the Plaintiff/Respondent, Ricky E. Shoemaker, to show cause, if any he has, as to why Defendant/Petitioner, Brenda Shoemaker, is not entitled to the relief requested; 2. Plaintiff/Respondent shall file an Answer to Petition within twenty (20) days of service upon the Plaintiff/Respondent; 3. The Petition shall be decided under Pa.R.C.P. No. 206.7; 4. Depositions shall be completed within days of the service upon Defendant/Petitioner of the answer to the petition; 5. Hearing/Argument shall be held on r the ] day of l 4W/jnM , 2009, at q; 3,1 m. in Courtroom # of the Cumberland County Courthouse, Carlisle, ennsylvania; 6. If Items 4 and 5 above are left blank, deposition and/or argument will be considered upon the request of any arty; 7. Pending a hearing in this matter Plaintiff/Respondent, Ricky E. Shoemaker, is excluded from the former marital residence at 84 North Mountain Road, Newville, Cumberland County, Pennsylvania, and is-direeted to inintediately Petitioner. 8. Notice of entry of this Order shall be provided to Plaintiff/Respondent's legal counsel by Defendant/Petitioner's legal counsel. RB)-Q #CE OF THE PROTHONOTARY 2009 NOV -4 PPi 2: O 1 CU L STS //ISl f D?' - t FS mat t is - l?s • Gtiu'?+"? ?E, R44,f M '' VAS RICKY E. SHOEMAKER, Plaintiff V. BRENDA SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5550 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Honorable Judge Hess PETITION FOR CONTINUANCE And now comes Plaintiff/Respondent, through his attorney, Marylou Matas, Esquire, and petitions this Court as follows: 1. Plaintiff/Respondent is Ricky E. Shoemaker, who is represented by Marylou Matas, Esquire. 2. Defendant/Petitioner is Brenda Shoemaker, who is represented by Bradley L. Griffie, Esquire. 3. A hearing is scheduled on Tuesday, November 17, 2009 at 9:30 a.m. in Courtroom #4 of the Cumberland County Courthouse, Carlisle, Pennsylvania. 4. Plaintiffs attorney, Marylou Matas, Esquire, has a prior engagement and she is unable to attend the hearing. 5. In Defendant/Petitioner's Petition, she is requesting that the Plaintiff/Respondent be permanently excluded from the marital residence. 6. Pursuant to the Order of Court dated November 4, 2009, Plaintiff/Respondent is excluded from the former marital residence at 84 North Mountain Road, Newville, Cumberland County, Pennsylvania until a hearing on the matter. 7. A continuance of the hearing will not prejudice the Defendant/Petitioner, since SAMIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA Plaintiff/Respondent is excluded from the marital residence until a hearing is held on this matter. 8. Plaintiff/Respondent has attempted to seek concurrence from opposing counsel, but Defendant/Petitioner's legal counsel has not yet responded to this request. WHEREFORE, Respondent/Defendant requests your Honorable Court to continue the hearing which is scheduled for Tuesday, November 17, 2009 at 9:30 a.m. to a date suitable for all parties. Respectfully Submitted, SAIDIS, FLOWER & LINDSAY -7daij/11 By: M atas, Es re Attorney or Plaintiff/Respondent 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 TOW ER ? LINDSAY 26 West High Street Carlisle, PA VERIFICATION 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. Section 4904, relating to unworn falsifications to authorities. Date: Marylo at , Esquire FLOW RIS & LINDSAY 26 West High Street Carlisle, PA RICKY E. SHOEMAKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-5550 CIVIL TERM BRENDA SHOEMAKER, CIVIL ACTION - LAW Defendant IN DIVORCE Honorable Judge Hess CERTIFICATE OF SERVICE hereby certify that a copy of the Petition was served this date via United States Mail, prepaid, and facsimile addressed as follows: dley L. Griffie, Esquire North Hanover Street lisle, PA 17013 -7?4:??Vao Date: / / 3/05 Marylo to Esquire Attorney intiff/Respondent 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 FLOWER & LINDSAY ArtIOMEMAT-LAW 26 West High Street Carlisle, PA [:!l, t r i -?Pw r°? .C. ?? nn17 1'. ? •? ?_?? v . ,?y?l^;i ?.; ? ? ? ;?, ?,?i?,'. NUV , b CUU9 A FLOWER & AW 26 West High Street Carlisle, PA RICKY E. SHOEMAKER, Plaintiff V. BRENDA SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5550 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Judge Kevin A. Hess ORDER AND NOW, this 1?7?day of November, 2009, the hearing scheduled for November 17, 2009 at 9:30 a.m. is hereby continued to 0 2 at Q a-.m. in Courtroom #--?( of the Cumberland County Courthouse, Carlisle, Pennsylvania. cc: xi?arylou Matas, Esquire, Attorney for Plaintiff/Respondent Bradley L. Griffie, Esquire Attorney for Defendant/Petitioner By the Court, w, ? ? ? x. 36 2 RICKY E. SHOEMAKER, Plaintiff V. BRENDA SHOEMAKER, Defendant PLAINTIFF'S AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed September 20, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: 2l a'dcj IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 07-5550 CIVIL ACTION - LAW IN DIVORCE ICKY It' OEMAKER PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDERG 3301 (c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court SAWIS, FLOWER & LENDS ATrOMM AT uw 26 West High Street Carlisle, PA 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: RICKY E. EMAKER FM ` ,.. OF TrE 269 DEC -7 FM 12: 04 CLAOERLMD COUNTY RICKY E. SHOEMAKER, Plaintiff VS. BRENDA SHOEMAKER, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 5550 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this Silk day of "IQA- , 2009, the economic claims raised in the proceedings having been resolved in accordance with a separation and property settlement agreement dated December 3, 2009, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY OURT, G ia? cc: Marylou Matas Attorney for Plaintiff Bradley L. Griffie Attorney for Defendant Cop - AULLL Edgar B. Bayley, P.J. OF THE ?ARf 2009 DEC -8 PM 3'. 07 PENNSYLVANIA 4 u" I RICKY E. SHOEMAKER, Plaintiff V. BRENDA SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5550 CIVIL ACTION - LAW IN DIVORCE SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this 3 rah day of b e.Cen-r be r , 2009, by and between RICKYE. SHOEMAKER, of Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband", AND BRENDA SHOEMAKER, of Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on February 27, 2004, in Cumberland County, Pennsylvania; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other, and to finally and for all time to settle and determine their respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; and WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof, and WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of --Page 1 of 14-- Husband and Husband acknowledges that he has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Wife; NOW, THEREFORE, in consideration and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenants and agree as follows: 1. Advice o Counsel: The parties acknowledge that they have received independent legal advice from counsel of their own selection or that they have elected not to seek independent legal advice and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Marylou Matas, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Bradley L. Griffie, Esquire. 2. Warrn& of Disclosure: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties but also reflects the fact that the parties had personal knowledge before their separation of their various assets and debts all of which form the basis of this Agreement between the parties. 3. Personal Rights and Separation: Wife and Husband may and shall, at all times hereafter, live separate and part. They shall be free from any control, restraint, interference or --Page 2 of 14-- authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit nor dwell by any means or in any manner whatsoever with him or her. 4. Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. Tangible Personal Property: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property. The parties shall refer to Exhibit A attached hereto, and each shall retain those items assigned to him or her. Husband shall have 45 days from the date of execution of this Agreement to remove his items of property from the real estate. Wife shall not unreasonably restrict Husband's access to the property for purpose of property distribution. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 6. After Acquired Personal Property: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. --Page 3 of 14- 7. Motor Vehicles: With respect to the motor vehicles owned by one or both parties, the parties agree as follows: a.) Husband shall retain sole and exclusive possession of the parties' 2005 Colorado pickup truck. This vehicle is encumbered with a loan and Husband shall be solely and exclusively responsible for the payment of this loan. Husband shall make all such payments in a timely fashion as they are due. Husband shall hold Wife harmless from and against all claims and action for collection activity whatsoever related to the loan associated with this vehicle. Wife shall make no claim to Husband's access or ownership of said vehicle. It is believed that this vehicle and said loan is titled in the parties' names jointly. Wife shall promptly execute any and all necessary documents to transfer this vehicle to Husband's name individually. Husband shall take whatever steps necessary to refinance or assume the loan to his name individually, if possible, within 120 days of execution of this Agreement. Husband shall be responsible for the cost of title transfer for the vehicles in his possession. b.) Wife shall retain sole and exclusive possession of the parties' 2003 Chevy Trailblazer and the 1995 Monte Carlo. Husband shall make no claim to Wife's access or ownership of said vehicles. It is believed that these vehicles and said loan are titled in the parties' names jointly. Husband shall promptly execute any and all necessary documents to transfer these vehicles to Wife's name individually. Wife shall be responsible for cost of title transfer for the vehicles in her possession. 8. Real Estate: The parties own real estate located at 84 North Mountain Road, Newville, Cumberland County, Pennsylvania. From the date of separation on September 1, 2006, forward, Wife has resided in this home. --Page 4 of 14- This property is encumbered with a first mortgage due and owing to M & T Bank; a home equity loan due and owing to M&T Bank; and a second mortgage held by M&T bank. Husband maintained payment for all mortgages, home equity loans, 2007 taxes and insurance from the date of separation through January 2009. From January 2009 through the date of execution of this Agreement and forward, Wife has and shall continue to maintain sole and exclusive responsibility for the repayment of the aforesaid mortgages and home equity loan, 2008 and 2009 taxes and insurance and indemnify Husband and hold Husband harmless from any demand for payment or collection activity whatsoever. Wife shall maintain sole and exclusive responsibility for the payment of the taxes, insurance and all maintenance at that property from the date of separation forward. Wife shall retain ownership of the property and Husband shall waive all right, title and interest in this property. Wife shall remove Husband's name from all mortgages and home equity loans named above within 60 days of execution of this Agreement or otherwise release him from liability on the mortgages and home equity loans, by satisfying the mortgages and home equity loans in full, through a refinance. Husband shall sign documents necessary to cooperate with refinancing, only so that his name can be removed from the aforesaid mortgages and home equity loans and not so that he can be included on a new mortgage or home equity loan. Husband shall remove himself and his belongings, as listed in Exhibit A, from the real estate within 45 days of execution of this Agreement. Whatever items Husband does not remove within 45 days shall be considered Wife's sole property to dispose of as she chooses or retain. For his interest in the property and in consideration for the circumstances, Wife shall make a cash payment to Husband in the amount of SIXTY-EIGHT THOUSAND FIVE HUNDRED ($68,500.00) AND 00/100. This payment shall be made at the time that Wife --Page 5 of 14-- refinances the mortgages on the real estate or within 60 days of execution of this Agreement, whichever comes first. In the event that Wife does not make payment to Husband by the 61" day after the execution of this Agreement for whatever reason, then interest and late charges on Wife's payment to Husband shall accrue at the rate of 5% per annum. In the event that Wife refinances and makes payment to Husband by the 60`h day as contemplated herein, but then defaults on her new mortgage or otherwise lists the house for sale within the first 5 years after execution of this Agreement, then Husband has the right of first purchase. In this event, the property shall be appraised by Art Calaman, the certified real estate appraiser who appraised the property in 2008, to determine the value of the property at the time of Wife's sale or default. The current balance of the mortgages.and all liens of record shall be subtracted from the appraised value of the property to determine the equity. Husband shall make a payment to Wife for the equity of the property at the time of valuation. In the event Art Calaman is not available to perform the appraisal for whatever reason, then the appraisal shall be performed by a certified real estate appraiser to be agreed upon by the parties. The cost of the appraisal shall be shared by the parties. If the parties do not agree upon the value as determined by the appraiser, either Art Calaman or the agreed upon appraiser, then the parties shall submit themselves to binding arbitration for resolution of the matter of determining the equity of the real estate at the time of Wife's default or listing the real estate for sale. 9. Bank Accounts: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. --Page 6 of 14- More specifically, Wife waives, relinquishes or transfers any right, title or interest she may have to the checking account or funds held therein in Husband's individual name with Members ls` Bank. If it is discovered that other joint accounts exist, the parties shall divide equally any funds in those accounts and promptly close those accounts within fifteen (15) days of execution of this Agreement. 10. Pension Interests: Husband hereby waives, relinquishes and transfers any and all right, title and interest he has or may have in Wife's pension, retirement and/or 401(k) account from Giant and through G.S. Electric, with as well as other accounts that Wife may have in her individual name or may have secured through her present or prior employment. Wife hereby waives, relinquishes and transfers any and all of her right, title and interest she has or may have in Husband's pension or retirement account from USA Spares, PPG and G.S. Electric, as well as other accounts that Husband may have in his individual name or may have secured through his present or prior employment. 11. Investment Accounts: Husband and Wife each maintain that they do not own any investment accounts, not previously identified herein as pension or retirement accounts. 12. Marital Debt: a. Post Separation Debt: Each party hereby confirms that they have not incurred any additional debt since their separation that has, in any way, obligated the other party. In the event that either party contracted or incurred any debt since the date of separation on September 1, 2006, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. b. Future Debt: From the date of this Agreement forward, neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. --Page 7 of 14- C. Marital Debt: At the time of separation, there existed the following credit card debt total, of which Husband was aware: (a.) Bank of America, with an approximate current balance of $13,200; (b.) GM, with an approximate current balance of $5,571; (c.) Lowes, with an approximate current balance of $4,282; (d) Kohl's, with an approximate date of separation balance of $920; (e) M&T MasterCard, with an approximate date of separation balance of $1250; (f) M&T MasterCard, with an approximate date of separation balance of $1250.. From the time of separation forward, Husband shall be responsible for the debts listed in (a) through (c). From the time of separation forward, Wife shall be responsible for the debts listed in (d) through (f). Further, Husband agrees to maintain responsibility for any other debts that are listed in his name individually. Wife agrees to maintain responsibility for any other debts that are listed in her name individually. 13. Warranty as to Post Separation and Future Obligations: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter hold harmless and keep the other party indemnified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. 14. Motor Vehicle Insurance: From the date of execution of the Agreement forward, Wife shall be responsible for the payment of her own motor vehicle insurance. From the date of separation forward, Husband and Wife shall be responsible for the payment of any outstanding motor vehicle insurance claims that may be made against them individually on the joint insurance policy. 15. Health Insurance: Husband and Wife have been maintaining separate health insurance policies since approximately September 2006. From the date of separation forward, Husband and Wife are responsible for their own unreimbursed medical bills, should there be any. 16. Taxes: For the tax year 2007 and forward, the parties agree to file their taxes as --Page 8 of 14-- separate individuals. For any tax returns filed jointly in the past, both parties agree that in the event any deficiency in Federal, State or Local Income Tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 17. Spousal Support. Alimony. Alimony Pendente Lite, and Spousal Maintenance: a.) Wife hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. As of the date of execution of this Agreement, Wife has an outstanding APL complaint against Husband, filed through the Cumberland County Domestic Relations Office. On the date of execution of this Agreement, Wife shall discontinue and terminate the APL Order, by providing a copy of this Agreement and signing whatever other documents necessary or required by DRO and/or the Court to do so. Any payments Wife receives after the date of execution of the Agreement should be applied to arrears that may be due on the Order. If additional arrears are due, Husband shall pay those within 30 days. Any additional payments in excess of arrears or past due amounts not due to Wife but that Wife receives should be returned to Husband within 30 days of Wife's receipt of payment. b.) Husband hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. 18. Mutual Releases: Husband and Wife do hereby mutually remise, release, --Page 9 of 14- quitclaim, and forever discharge one another, and their respective heirs, estates, executors and assigns, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other, of whatever nature and wheresoever situate, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property and income, past, present or future, except those rights, agreements and obligations, arising under this Agreement or for the breach thereof. 19. Divorce: At the time of execution of this Agreement, Husband has commenced an action for divorce against Wife. It is understood and agreed that any Decree in Divorce which may be issued between the parties shall incorporate this Agreement. Further: a.) This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under §3502, et. seq. of the Pennsylvania Code, Act. No 1980-26. b.) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. 20. Legal Fees: In the review and preparation of this Agreement each party shall bear his or her own legal fees. 21. Non-Compliance: If either party fails to comply with any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such non-compliance, in which event the non-complying party shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights hereunder, whether --Page 10 of 14-- through formal court action or negotiations, or to seek such other remedies or relief as may be available to him or her. 22. Equitable Distribution: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. 23. Summary of ffect ofAgreement: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and future clams on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 24. Tax Consequences: By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. 25. Mutual Cooperation/Duoy to Effectuate Agreement: Each party shall at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 26. Reconciliation: The parties shall only effectuate a legal reconciliation which --Page 11 of 14-- supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. 27. Severability: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 28. No Waiver off, ault: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 29. Integration: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 30. Waiver or Modification to be in WritNo modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the --Page 12 of 14- same or similar nature. 31. Captions: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 32. Agreement Binding on Heirs: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 33. Governing Law: This Agreements shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. WITNESSES: Date RICKY E. HOEMAKER Date BRENDA SHOEMAKER --Page 13 of 14- COMMONWEALTH OF PENNSYLVANIA COUNTY OF C ?t ntb er On this day of 2009, before me, the undersigned officer, personally appeared, RICKYE. SHOEMAKER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. otary Public NOTARIAL SEAL BARBARA E. STEEL, Notary Public Carlisle Bore, Cumberland County, PA M Commission Expires June 7,2011 COMMONWEALTH OF PENNSy?,VANIA COUNTY OF O;?r&r1d-t! . On this ,5 (? day of bt-Ce-rr? he,( , 2009, before me, the undersigned officer, personally appeared BRENDA SHOEMAKER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. . irlglt iA?R P MM No'tky P is ?MMMIM?a 140" J" IL an# --Page 14 of 14-- EXHIBIT A ITEMS TO BE RETAINED BY RICK SHOEMAKER 1. lawn sweeper 2. generator, Troy Bilt 3550 watt 3. pressure washer 4. pull sprayer 5. grinder, craftsman 6" bench grinder 6. tool chest/tools 7. rolltop desk 8. weight bench 9. airs]-.PA'S 10. All collectibles including firehouse/Nascar/Steelers 11. personal belongings 12. weed eater Excalibur 13. collectible stands/shelving (2) 14. hose cart 15. work bench (small garage) 16. Weiider Weights, exercise equipment (no. 125 of appraisal) 17. stereo 18. quilts 19. safe 20. framed print titled "Firehouse Action" 21. 36" Sony Trinitron TV w/ si -rc?- 9R& 22. DVD player, Sony 23. Clock 24. Matchbox collectibles 25. All model toy/car/firehouse/car collectibles identified on appraisal ALL OTHER ITEMS OF PERSONAL PROPERTY, FURNISHINGS, TANGIBLE HOUSEHOLD GOODS AND THE LIKE NOT LISTED HEREIN ARE TO BE RETAINED BY BRENDA SHOEMAKER RICKY E. SHOEMAKER, Plaintiff V. BRENDA SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5550 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) (Strike out inapplicable section). 2. Date and manner of service of the Complaint: Served September 29, 2007 via certified mail, restricted delivery. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: December 2, 2009 by Defendant: December 10, 2009 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None 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 of plaintiffs Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: December 7, 2009 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: December 14, 2009 , Esquire B LFIEASSOCIATES G Attorney for Defendant F1L?:U?-??r'it?E ?, ; '''?TAAY cy- 11 ia? 2009 DEC 16 Prl 1: 5 0 CUM ..? It ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 07-5550 CIVIL State Commonwealth of Pennsylvania OOriginal Order/Notice Co./City/Dist. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 12/11/09 0 Terminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE: SHOEMAKER, RICKY E. E mployer/With holder's Federal FIN Number Employee/Obligor's Name (Last, First, MI) 165-52-0827 Employee/Obligor's Social Security Number USA SPARES, INC. 1575102073 1468 TRINDLE RD Employee/Obligor's Case Identifier CARLISLE PA 17015-9741 (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee'slobligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ o . oo per month in past-due child support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current medical support $ o . oo per month in past-due medical support $ o . oo per month in current spousal support $ o. oo per month in past-due spousal support $ 0.00 per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ 0 . oo per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0.00 per weekly pay period. $ o. oo per semimonthly pay period (twice a month) $ o . 00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. ? t ?\ '- BY THE COURT: 1p??`+?.??„ ?- DRO: R.J. Shadday Service Type M OMB No.: 0970-0154 M. L. Ebert, Jr., Form EN-028 Rev.5 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS E] If hecked you are required to provide a copy of this form to your em loyee. If yo?1 r employee works in a state that is dihferent from the state that issued this order, a copy must be providedpto your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 4504939230 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: SHOEMAKER, RICKY E. EMPLOYEE'S CASE IDENTIFIER: 1575102073 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: DATE OF SEPARAT FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 CARLISLE PA 17013 by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SHOEMAKER, RICKY E. PACSES Case Number 222110594 Plaintiff Name BRENDA L. SHOEMAKER Docket Attachment Amount 07-5550 CIVIL$ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker I D $ IATT iARY 2099 DE-C 14 Ph 2* JJ RICKY E. SHOEMAKER, Plaintiff/Respondent VS. BRENDA L. SHOEMAKER, . Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 07-5550 CIVIL TERM IN DIVORCE PACSES CASE: 222110594 ORDER OF COURT AND NOW to wit, this 1 lth day of December, 2009, it is hereby Ordered that the Order for Alimony Pendente Lite is terminated, effective December 3, 2009, pursuant to the parties' Separation and Property Settlement Agreement of December 3, 2009. The Alimony Pendente Lite account is closed with a credit of -395.34 This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary's Office for a hearing de novo before the Court. BY THE COURT: -?" ? I t " 6 M. L. Ebert, Jr., J. DRO: R.J. Shadday xc: Petitioner Respondent Bradley L. Griffie, Esq. Marylou Matas, Esq. Service Type: M Form OE-001 Worker: 21005 ?OVnTAPY ii ., t E+ 2009 DEC 14 Pl 2: 55 CUPS RICKY E. SHOEMAKER, Plaintiff V. BRENDA SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5550 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on September 20, 2007, and served on September 29, 2007, as indicated in Affidavit of Service. 2. The marriage of plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of 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. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: Brenda Shoemaker, Defendant FILED- )F 6CLc 0 F TNIE PRO'H ?NOTARY 2009 DEC 14 Pik 1: 5 5 CJ .Y ) J rte/ FEE- RICKY E. SHOEMAKER, Plaintiff V. BRENDA SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-5550 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER 43301(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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 00 Brenda Shoemaker, Defendant ALED-OF ICE OF THE PPOTHONOTARY 2009 DEC 14 PH 1: SS CUB .!wl i"'i' {tVt'ti t??YF th*i?+ RICKY E. SHOEMAKER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-5550 CIVIL ACTION - LAW :PACSES Case No. 222110594 BRENDA SHOEMAKER, : CIVIL ACTION - LAW Defendant : IN DIVORCE J. Ebert ALIMONYPENDENTE LITE STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION is made this 417, day of December 2009, BY AND BETWEEN Rick Shoemaker ("Plaintiff') and Brenda Shoemaker ("Defendant"). WITNESSETH: WHEREAS, Plaintiff and Defendant are currently engaged in divorce proceedings and the most recent alimony pendente lite ("APL") Order was entered January 26, 2009; WHEREAS, the parties now wish to enter into a new agreement as part of a comprehensive agreement to conclude the divorce and support proceedings; NOW THEREFORE, in consideration of the parties' mutual covenants and promises set forth below, Plaintiff and Defendant, agreeing to be legally bound, agree as follows: 1. Plaintiff's obligation of APL and all other support to Defendant shall terminate 99,olve llecembm f, 20 Oc c e,16 er 412 00 9 , u t7. ro v i r ; ?. c d f • ? A I`l c d es' bC% N% `yf )-- cs( -'h ro 1j ak Qeu,+. b es 3 ? ?e>o 9 2. All terms of the prior Order not altered herein are incorporated herein and shall continue to be in effect hereafter. 3. This Agreement and Stipulation may be executed in multiple counterparts and a photocopy shall have the same effect as the original. 4. Domestic Relations shall calculate any arrears due to the Defendant or overpayment made by the Plaintiff and notify the parties thereof. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, set their hands and seals on the date set forth above.' lv r Wrreennddaa re M as Esqu i maker Counsel r ck Shoemaker FILED-OHROE OF THE PPOTI-ONOTARY 1009 DEC 15 PM 2: 56 N, TY 7 Qee)' RICKY E. SHOEMAKER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5550 CIVIL ACTION - LAW V. :PACSES Case No. 222110594 BRENDA SHOEMAKER, : CIVIL ACTION - LAW Defendant : IN DIVORCE J. Ebert ORDER OF COURT AND NOW, this 16th day of December, 2009, the attached Alimony Pendente Lite Stipulation and Agreement is hereby made an Order of Court. BY THE COURT, M. L. Ebert, Jr., J. RICKY E. SHOEMAKER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-5550 CIVIL ACTION - LAW :PACSES Case No. 222110594 Q BRENDA SHOEMAKER, : CIVIL ACTION - LAW Defendant : IN DIVORCE -? ` ° C-) am-) e J. Ebert Y. n ONY PENDENTE LITE STIPULATION AND AGREEA jXT ALIM HIS AGREEMENT AND STIPULATION is made this qh T y December 2009, BY AND BETWEEN Rick Shoemaker ("Plaintiff') and Trenda Shoemaker ("Defendant"). WITNESSETH: WHEREAS, Plaintiff and Defendant are currently engaged in divorce proceedings and the most recent alimony pendente lite ("APL") Order was entered January 26, 2009; WHEREAS, the parties now wish to enter into a new agreement as part of a comprehensive agreement to conclude the divorce and support proceedings; NOW THEREFORE, in consideration of the parties' mutual covenants and promises set forth below, Plaintiff and Defendant, agreeing to be legally bound, agree as follows: 1. Plaintiffs obligation of APL and all other support to Defendant shall terminate efAe-tive P-m-culba, t, 26" Oe c e ?b er 412 o o q > !A,( n f r-6 v ? c ? a4• = d ? `?`° 6c-des bc.-r,% ark) ce( -'hr•6,481, Qcc4ev ler 2. All terms of the prior Order not altered herein are incorporated herein and shall continue to be in effect hereafter. ?a 3. This Agreement and Stipulation may be executed in multiple counterparts and a photocopy shall have the same effect as the original. 4. Domestic Relations shall calculate any arrears due to the Defendant or overpayment made by the Plaintiff and notify the parties thereof. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, set their hands and seals on the date set forth above. WoMPr*enda e, Esquire M tas, Esqui Shoemaker Counsel r ck Shoemaker FL( i, 2009 DEC 17 PH 3: 0 0 Pf" RICKY E. SHOEMAKER, Plaintiff V. BRENDA SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5550 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) 3 3 01 (d)(1) of the Diver-so Gede. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: Served September 29, 2007 via certified mail, restricted delivery. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: December 2, 2009 by Defendant: December 10, 2009 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None 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 of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: December 7, 2009 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: December 14, 2009 B e . G fie, Esquire G FIE & ASSOCIATES Attorney for Defendant FILED Oi l-CE !" PJf*V P17,1,'. NOTARY 2009 DEC 16 PH 1: 50 CUM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Ricky E. Shoemaker V. Brenda Shoemaker No. 2007-5550 DIVORCE DECREE AND NOW, t7?.?....4•? %L , -A--*= q , it is ordered and decreed that Ricky E. Shoemaker plaintiff, and Brenda Shoemaker , 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.") The parties' Separation and Property Settlement Agreement, entered into December 3, 2009, is incorporated herein but not merged. By the Court, i? 3T> job' ?a 30 .o'