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HomeMy WebLinkAbout08-1014U AARON MATHIAS SHOWERS, PLAINTIFF VS. RENEE SUSAN SHOWERS, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 08. 101q CIVIL TERM CIVIL ACTION -LAW ACTION FOR DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 AARON MATHIAS SHOWERS, PLAINTIFF VS. RENEE SUSAN SHOWERS, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 0k- hNq CIVIL TERM CIVIL ACTION -LAW ACTION FOR DIVORCE COMPLAINT FOR NO-FAULT DIVORCE wwww.w UNDER SECTION 330,1(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, AARON MATHIAS SHOWERS, by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce. 1. Plaintiff is AARON MATHIAS SHOWERS, an adult individual, who currently resides at 603 Thrush Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050, and has resided in Cumberland County for over one (1) year. 2. Defendant is RENEE SUSAN SHOWERS, an adult individual, who currently resides at 600 Thrush Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on August 28, 2005. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. 8. Plaintiff was a member of the United States Military Services for 1 '/z years until being discharged for medical reasons. Defendant was never a member of the United States Military Services. There are no benefits available from the Plaintiff's time with the military. COUNT I - REQUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 9. Paragraphs 1 through 8 of this Complaint are incorporated herein by reference thereto. 10. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, AARON MATHIAS SHOWERS, respectfully requests the court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT II - REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE 11. Paragraphs 1 through 10 of this Complaint are incorporated herein by reference thereto. 12. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff, AARON MATHIAS SHOWERS, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: February, 2008 Counsel for Plai iff PA I.D. # 64998 4010 Glenfinnan Place Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, and belief. This is made subject to the penalties of 18 Pa. C.S.A. §4904 DATED: ?[-e' O<e to MATHIAS to authorities. C3 ? p -0 C _: N 3 3 -E- h O '.y AARON MATHIAS SHOWERS, PLAINTIFF VS. RENEE SUSAN SHOWERS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.08-1014 CIVIL : CIVIL ACTION -LAW : ACTION FOR DIVORCE AFFIDAVIT OF SERVICE CERTIFIED MAIL I, SUSAN KAY CANDIELLO, state as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. 1 represent Aaron Mathias Showers, Plaintiff in the above-captioned matter. 3. On February 15, 2008, a true and correct copy of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code, was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being Certified/First Class Mail, restricted delivery, return receipt requested, Article No. 7007 0710 0003 8713 8015, and addressed to the Defendant, Renee Susan Showers, 600 Thrush Court, Mechanicsburg, PA 17050. 4. The return receipt card signed by the Defendant, Renee Susan Showers, showing a date of service of February 16, 2008, is attached hereto as Exhibit "A". 5. Service by certified mail meets the requirements of Pa.R.C.P. 404(2) and Pa.R.C.P. 403. 0 4 1 ¦ Corttpisft Items 1, 2, and 3. Also complete A. Signature item 4 If Restricted Delivery Is desired. 0 Agent ¦ Print your name and address on the reverse so that we can return the card to you. B. Received by (Printed N ) C. Dat of D40 ¦ Attach this card to the back of the mailpiece, OV or on the front if space permits. 1 D. Is delivery address different 0\ . Article Addressed to: If YES, enter delivery addreor w: r6l ICpU -y ?n y w? o SID 3. Service Type 115 Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 yes 2. Article Number Mw aftr Som service fat ?00? 0 ?10 0003 8 ?13 8 015 PS Form 3811, February Domestic Return Receipt 102595-02-M-1540 Exhibit "A" C ? w .s t" r _ C,J c-n AARON MATHIAS SHOWERS, Plaintiff V. RENEE SUSAN SHOWERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 08-1014 IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONTARY: Kindly enter my appearance on behalf of Renee Susan Showers in the above captioned matter. Respectfully Submitted, Rominger & Associates Date: March 16, 2009 Kar E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID#81924 Attorney for Defendant 7s ^ r , < s 8 .» AARON MATHIAS SHOWERS, Plaintiff V. RENEE SUSAN SHOWERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 08-1014 IN DIVORCE DEFENDANTS PETITON FOR ALIMONY PENDENTE LITE AND ATTORNEY'S FEES AND NOW, comes Renee Susan Showers, by and through her privately retained counsel, Karl E. Rominger, Esquire and in support of her Petition, avers as follows: 1. Plaintiff filed a Divorce Complaint on February 13, 2008. 2. 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. 3. Defendant is without sufficient property and otherwise unable to financially support herself. WHEREFORE, your Petitioner prays this Honorable Court to award Alimony Pendente Lite in an amount equal to the Pennsylvania State support guidelines, and award her attorney's fees. Respectfully submitted, Rominger & Associates Date: May 18, 2009 K01 E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Defendant AARON MATHIAS SHOWERS, Plaintiff V. RENEE SUSAN SHOWERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 08-1014 IN DIVORCE CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of Defendants Petition for Alimony Pendente Light and Attorney's Fees upon the following by depositing same in the United States mail, First Class Mail, Certified, Restricted and Return Receipt Requested, postage paid, at Carlisle, Pennsylvania, addressed as follows: Susan Kay Candiello, P.C. 4010 Glenfinnan Place Mechanicsburg, Pennsylvania 17055 Respectfully submitted, Rominger & Associates Date: May 18, 2009 E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Defendant r FIL D a) J/ ref er { i?j h REOTIIIIIR ?. ?r 200911A i 18 Fib *13: 2 2 e?l? /.,? Yt/,) AARON MATHIAS SHOWERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO.: 08-1014 RENEE SUSAN SHOWERS, . Defendant IN DIVORCE PACSES Case: 052110912 ORDER AND NOW, this 4th day of Jme . 2009, upon consideration of the attached Defendants Petition for Alimony Pendente Lite and Attorney's Fees, it is hereby directed that the parties and their respective counsel appear before -R. J. Shadday on 13th day of July 2009, for a Conference at the Cumberland County Domestic @ 1:30PM Relation Office, Carlisle; after which the Conference Officer may recommend that an Order for Alimony Pendente Lite be entered. You are further ordered to bring to the Conference: 1. A true copy of your most recent Federal Income Tax Return, including W-2s as filed; 2. Your pay stubs for the preceding six (6) months; 3. The income and expense statement attached to this Order, completed as required by Rule 19.11(c); 4. Verification of child care expenses; 5. Proof of medical coverage which you may have, or may have available to you. If you fail to appear for the Conference or bring the required documents, the Court may issue a Warrant for your arrest. FILE -OfflCE OF THE PROTH NY)TARY 2009 JUN -8 PM 3 09 CL7BW3?E"}7 :` pp it ?V1 E 1""' 4I y AARON M. SHOWERS, Plaintiff/Respondent VS. . RENEE S. SHOWERS, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 08-1014 CIVIL TERM IN DIVORCE PACSES CASE: 052110912 ORDER OF COURT AND NOW to wit, this 13th day of July, 2009, it is hereby Ordered that pursuant to the Petition for Alimony Pendente Lite is dismissed, without prejudice, pursuant to no available income for the Respondent and the Pennsylvania State guidelines. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT: ?1 e J. esley O , r., DRO: R.J. Shadday xe: Petitioner Respondent Karl Rominger, Esq. Susan K. Candiello, Esq. Service Type: M J. Form OE-001 Worker: 21005 C)tF THE 2009.IUL 17 Fil ^: 'u) 7 AARON MATHIAS SHOWERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO.: 08-1014 c RENEE SUSAN SHOWERS, Z rn g p rn Defendant IN DIVORCE tn' a ©o , --4 C) DEFENDANT'S PETITION FOR BIFURCATION x?' n 3 = 5 77, C (D THE HONORABLE, THE JUDGES OF SAID COURT: TO AND NOW comes Defendant, Renee Susan Showers, by and through her attorney Karl E. Rominger, Esquire avers the following: 1. Defendant Renee Susan Showers is an adult individual who resides at 6 Cooper Circle, Carlisle, Pennsylvania 17015. 2. Plaintiff Aaron Mathias Showers is an adult individual who resides at 603 Thrush Court, Mechanicsburg, Pennsylvania 17050. 3. On February 13, 2008, your Plaintiff initiated an action for divorce. 4. The parties have not lived together for approximately (3) three years. 5. Wife is desirous of obtaining a divorce for the following reasons: a. Wife would like to have children. b. Wife has a fiance whom she would like to marry. c. Wife and her fiance have discussed the matter and neither wishes to have children out of wedlock. d. Wife is still a young woman and does not wish to wait any longer to reproduce. 6. The following reasons are just for bifurcation. 7. Bifurcation will not prejudice the rights of either party. WHEREFORE, Petitioner respectfully requests that this Honorable Court issue a Rule upon Husband to show cause why a bifurcated Decree in Divorce should not be entered with the following provisions: (a) All economic issues or other marital claims shall be preserved; (b) The Dead Man's Rule and the provisions of the Dead Man's Statute shall be waived in the event of the death of either party hereto prior to final resolution of all economic issues of other marital claims; and (c) Until final resolution of all the economic issues or other marital claims, the parties hereto are hereby enjoined from alienating, assigning, concealing, conveying, dissipating, encumbering, pledging, secreting, transferring or otherwise disposing of any marital property. Date: 1 g Respectfully Submitted, Rominger & Associates Karl E ominger, Esquire 155 outh Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID #81924 Attorney for Renee Susan Showers AARON MATHIAS SHOWERS, Plaintiff V. RENEE SUSAN SHOWERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 08-1014 IN DIVORCE VERIFICATION I verify that the statements made in this Petition for Bifurcation 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: 4-7/11 _ -7 1 Renee Susan Showers, Defendant AARON MATHIAS SHOWERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO.: 08-1014 RENEE SUSAN SHOWERS, Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Defendant's Petition for Bifurcation upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Susan Kay Candiello, Esquire 4010 Glenfinnan Place Mechanicsburg, Pennsylvania 17055 Date: Respectfully Submitted, Rominger & Associates .'t Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID #81924 Attorney for Renee Susan Showers AARON MATHIAS SHOWERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. RENEE SUSAN SHOWERS, Defendant CIVIL ACTION - LAW : NO. 08-1014 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR BIFURCATION BEFORE OLER, J. ORDER OF COURT C o 1?'? .? LN a .p W ?j P AND NOW, this 2nd day of June, 2011, upon consideration of Defendant's Petition for Bifurcation, following a hearing held on May 24, 2011, and for the reasons stated in the accompanying opinion, the petition is granted and a praecipe to transmit the record for entry of a divorce decree may be submitted by either party. PENDING further order of court, neither party shall transfer, encumber, or otherwise depreciate the value of any marital property. BY THE COURT, Susan Kay Candiello, Esq. 4010 Glenfinnan Place Mechanicsburg, PA 17055 Attorney for Plaintiff .? Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Defendant 7 J. esley Ole r., J. 00pi" AARON MATHIAS SHOWERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. RENEE SUSAN SHOWERS, Defendant CIVIL ACTION - LAW : NO. 08-1014 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR BIFURCATION BEFORE OLER, J. OPINION and ORDER OF COURT OLER, J., June 2, 2011. ?o ?W ? O a? 1 This divorce action was commenced by the filing of a complaint, with a count for equitable distribution, in 2008.1 For disposition at this time is a petition for bifurcation filed by Defendant.Z A hearing on the petition was held on May 24, 2011. For the reasons stated in this opinion, the petition will be granted. PROCEDURAL HISTORY Plaintiffs complaint, filed on February 13, 2008, was based upon an alleged irretrievable breakdown of the marriage.3 A count for equitable distribution was included in the complaint.4 A petition for alimony pendente lite and attorney's fees filed by Defendant was denied by the court on July 13, 2009.5 It was not until nearly two years later that either party further pursued a disposition of the case on the record, when the petition for bifurcation sub judice was filed by 1 Complaint under Section 3301(c) of the Divorce Code, filed February 13, 2008 (hereinafter Complaint). z Defendant's Petition for Bifurcation, filed April 8, 2011. 3 Complaint ¶6. 4 Complaint, Count 2. 5 Order of Court, July 13, 2009. Defendant on April 8, 2011.6 Plaintiff filed an Answer and New Matter in opposition to the petition.7 A hearing was held on the issue of bifurcation on May 24, 2011. STATEMENT OF FACTS Plaintiff, Aaron Mathias Showers, is an adult individual who presently resides in Mechanicsburg, Cumberland County, Pennsylvania. Defendant, Renee Susan Showers, is an adult individual who presently resides in Carlisle, Cumberland County, Pennsylvania. Plaintiff and Defendant were married on August 28, 2005 and separated in 2006 or 2007. The parties have stipulated that they have been separated for at least two years and that the marriage is irretrievably broken for purposes of Section 3301(d) of the Divorce Code, and have indicated a willingness to execute affidavits of consent for purposes of Section 3301(c) of the Divorce Code. Defendant, who is 26 years old, is involved with another man whom she intends to marry, and wishes to begin a family. According to her testimony, which the court found credible, she suffers from a medical condition which "makes [any pregnancy she undertakes a] high risk pregnancy, [and] the longer [she] wait[s] the more complicated the pregnancy can be." The outstanding marital assets and debts in this case consist of a time-share in Williamsburg, Virginia, which has proven unmarketable, and debts of between $22,000.00 and $32,000.00. It is apparent that an equitable distribution of marital property will basically consist of a division of debt. Plaintiff's objection to bifurcation arises out of his concern that it would eliminate an incentive for Defendant to assume responsibility for her fair share of the debt. DISCUSSION Statement of law. The Divorce Code authorizes the severance of divorce claims from economic claims. 23 Pa. C.S. § 3323; Bonawits v. Bonawits, 2006 PA Super 238, ¶5, 907 A.2d 611, 614. Section 3323 of the Divorce Code, provides, in pertinent part, as follows: 6 Defendant's Petition for Bifurcation, filed April 8, 2011. 7 Plaintiff's Answer to Defendant's Petition for Bifurcation and New Matter, filed May 10, 2011. 2 §3323. Decree of court (c.1) Bifurcation.-- ... In the absence of the consent of both parties, the court may enter a decree of divorce or annulment prior to the final determination and disposition of [other claims] if (1) grounds have been established as provided in subsection (g); and (2) the moving party has demonstrated that: (i) compelling circumstances exist for the entry of the decree of divorce or annulment; and (ii) sufficient economic protections have been provided for the other party during the pendency of the disposition of the [other claims]. (g) Grounds established.-For purposes of subsection[] (c.l), grounds are established as follows:.. . (2) In the case of an action for divorce under Section 3301(c), both parties have filed affidavits of consent. (3) In the case of an action for divorce under section 3301(d), an affidavit has been filed and no counter-affidavit has been filed or, if a counter-affidavit has been filed denying the affidavit's averments, the court determines that the marriage is irretrievably broken and the parties have lived separate and apart for at least two years at the time of the filing of the affidavit. Application of law to facts. In the present case, where (a) the parties have lived separate and apart since at least 2007 and (b) Defendant is 26 years old, wishes to remarry and begin a family with a man she has been seeing, and suffers from a medical condition which puts her at increasing risk for complications as time passes with respect to pregnancy, the court is of the view that she has proven that compelling circumstances exist for entry of a divorce decree at this time. Given that the marital estate consists largely of debt, which can be relegated for division to a divorce master's proceeding at no inconvenience or prejudice to the parties, the court is also of the view that a bifurcation in this case will not leave Plaintiff unprotected in a financial sense. The parties having stipulated that grounds for a no-fault divorce exist, the following order will therefore be entered: 3 ORDER OF COURT AND NOW, this 2°d day of June, 2011, upon consideration of Defendant's Petition for Bifurcation, following a hearing held on May 24, 2011, and for the reasons stated in the accompanying opinion, the petition is granted and a praecipe to transmit the record for entry of a divorce decree may be submitted by either party. PENDING further order of court, neither party shall transfer, encumber, or otherwise depreciate the value of any marital property. BY THE COURT, s/ J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. Susan Kay Candiello, Esq. 4010 Glenfinnan Place Mechanicsburg, PA 17055 Attorney for Plaintiff Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Defendant 4 AARON MATHIAS SHOWERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO.: 08-1014 RENEE SUSAN SHOWERS, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD mco a =-1.1 r ,. rat r TO THE PROTHONOTARY: -<> o 01 , Please transmit the record, together with the following information, <° to t4i oum c? `r w... c:zcy for entry of a divorce decree: -? '-n 1. Ground for divorce: Irretrievable breakdown under 3301(c) of the Divorce Code. 2. The date and manner of service of the Complaint were February 16, 2008, by certified mail. 3. This case is being transmitted for entry of a bifurcated divorce decree pursuant to the Order of the Honorable J. Wesley Oler, herein dated June 2, 2011. 4. Related claims pending: Economical claims. Dat . Respectfully Submitted, Rominger & Associates Kar . Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID #81924 Attorney for Renee Susan Showers IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Aaron Mathias Showers V. Renee Susan Showers NO. 08-1014 DIVORCE DECREE AND NOW, J Z-- © , it is ordered and decreed that Aaron Mathias Showers , plaintiff, and Renee Susan Showers , 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.") Economical claims. By the Court, Pro onotary i Cer 'i?1?o nO>/1t°l ;? pl,? 6 ?? l? CP?? cry , , n ,7er 10 lam" AARON MATHIAS SHOWERS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff -ty3 Vs. rnm RENEE SUSAN SHOWERS NO 1014 20 r--:z v Defendant 3>n MOTION FOR APPOINTMENT OF MASTER =C:) C AARON MATHIAS SHOWERS _ Plaintiff moves the court to appoint a master with respeC35o the following claims: ? Divorce X? Distribution of Property ? Annulment ? Support ? Alimony ? Counsel Fees ? Alimony Pendente Lite ? Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s ) for which the appointment of a master is requested. 2. The defendant has appeared in the action (personally) (by his attorney,_ KARL E. ROMINGER 3. The staturory ground (s) for divorce are Esquire). IRRETRIEVABLE BREAKDOWN UNDER 3301(C) OF DIVORCE CODE 4. Delete the inapplicable paragraph (s): A ? B ? C ?X a. The action is not contested. b. An agreement has been reached with resnect to the following claims: C. The action is contested with respect to the following claims: THERE IS MARITAL DEBT IN DISPUTE 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 3-4 Additional information, if any, relevant to the motion: hours na - r rTi Cam' -am C) I "z7 p -r Q c-d CJI -'0 70 DEFENDANT WAS GRANTED A BIFURCATED DIVORCE AND THERE ARE NO MARITAL TS ONLY M Date: JUNE 27, 2011 -=- Attorney for Plaintiff SUSAN KAY CANDI LO Print Name ORDER APPOINTING MASTER AND NOW 20 is appointed master with respect to the following claims: Esquire, By the Court, I C/ AARON MATHIAS SHOWERS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C Plaintiff -d3 m1w vs. ZM RENEE SUSAN SHOWERS NO. 1014 _ 20 O" • ?-- Z O Defendant =Q MOTION FOR APPOINTMENT OF MASTER y,C AARON MATHIAS SHOWERS Plaintiff moves the court to appoint a master with respeCo the following claims: ? Divorce ?X Distribution of Property ? Annulment ? Support ? Alimony ? Counsel Fees ? Alimony Pendente Lite ? Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of a master is requested. 2. The defendant has appeared in the action (personally) (by his attorney,_ KARL E. ROMINGER Esquire). 3. The staturory ground (s) for divorce are IRRETRIEVABLE BREAKDOWN UNDER 3301(C) OF DIVORCE CODE 4. Delete the inapplicable paragraph (s): A ? B ? C X? a. The action is not contested. b. An agreement has been reached with resnect to the following claims: c. The action is contested with respect to the following claims: THERE IS MARITAL DEBT IN DISPUTE 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 33=4 hours r~• --t Z; G Cr1 t=."' { C QC tv Sri- Ln 3> Additional information, if any, relevant to the motion: DEFENDANT WAS GRANTED A BIFURCATED DIVORCE AND THERE ARE NO MARITAL TS ONLY MM Date: JUNE 27, 2011 Attorney for Plaintiff SUSAN KAY CANDI LO Print Name ORDER APPOINTING MASTER 'y AND NOW ^ 1201( .LL Esquire, is appointed master ith re ect to the following claims: L9A A d ? ,kp.'6v -OM39 n3 By the Cou 3HI 301jja"0311 ? San `y CA nd?Gl G) , d?S- ?)4a r t L' I?Vmd1 S6-;,l r AARON MATHIAS SHOWERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY - PENNSYLVANIA V. CIVIL ACTION - LAW RENEE SUSAN SHOWERS, DOCKET: 2008 -1014 - CIVIL TERM Defendant EXPENSE STATEMENT of Renee Susan Showers PURSUANT TO Pa. R.C.P. 1920.27(c)(2)(B) I verify that the statements made in the Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. /0-6-/t Date HOME Mortgage or rent Maintenance Lawn care 2"d Mortgage UTILITIES Electric Gas Oil Telephone Cell Phone Water Sewer Cable TV Kz- Y-?? Defendant MONTHLY MONTHLY MONTHLY TOTAL CHILDREN PARENT $230.00 Y' $70.00 1 $28.00 $35.00 $60.41 Internet Trash / Recycling TAXES Real Estate Personal Property INSURANCE Homeowners / Renters Automobile * Life Accident / Disability Excess Coverage Long-Term Care AUTOMOBILE Lease or Loan Payments Fuel Repairs Memberships MEDICAL Medical Insurance Doctor Dentist Hospital Medication Counseling / Therapy Orthodontist Special Needs (eye glasses, etc) $12.00 $58.00 * amount above is combine Renters / Automobile insurance premium. $80.00 $10.00 EDUCATION Tuition Tutoring Lessons Other: Student Loans $400.00 PERSONAL Debt Service Clothing $40.00 Groceries $150.00 Haircare $10.00 Memberships MISCELLANEOUS Child Care Household help Summer Camp Papers / Books / Magazines Entertainment Pet Expenses $20.00 Vacations $20.00 Gifts $10.00 Legal Fees / Professional Fees $10.00 Charitable Contributions Children's Parties Children's Allowances Other Child Support Alimony Payments TOTAL MONTHLY EXPENSES $1265.37 AARON MATHIAS SHOWERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY - PENNSYLVANIA V. CIVIL ACTION - LAW RENEE SUSAN SHOWERS, DOCKET: 2008 -1014 - CIVIL TERM Defendant CERTIFICATE OF SERVICE T Yarl E T?`nmiVminnrta Esquire, do T?arahcr ?ar*ifsr chat T earinA a ?nniae of llofos`crln»t?? Are 1, 1 -a-11 1 ..r,Vr 1, Esq, 4 1V1VV' VlVll? 1M? VVl M K 1,/1Ve1 ? lans Trial Statement; Defendant's Affidavit as to Marital Estate Inventory; Defendant's Income Statement; Defendant's Expense Statement upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Susan Kay Candiello, Esquire 4010 Glenfinnan Place Mechanicsburg, PA 17055 Respectfully submitted, ROMINGER & ASSOCIATES Date: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant AARON MATHIAS SHOWERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY - PENNSYLVANIA V. CIVIL ACTION - LAW RENEE SUSAN SHOWERS, DOCKET: 2008 -1014 - CIVIL TERM Defendant DEFENDANT'S PRE-TRIAL STATEMENT A. WITNESSES 1. Defendant - regarding date of separation; regarding extent and value of marital and non-marital property; regarding parties' division of marital and non-marital property at separation; clarification of marital and non-marital debt; division of proceeds from sale of the marital home. 2. Plaintiff- as on cross 3. Any of Plaintiffs witnesses r' - - C == Defendant reserves the right to amend her witness list. ? m ° -Tj M - :z -I r _U M11 - 70 Ln -< rn ca CD B. EXHIBITS T Cs - c" W ..'..3.,_ 1. Defendant's Income and Expense Statements 2. Plaintiffs Income and Expense Statements, when provided. 3. Defendant's Bankruptcy Petition; Schedules A, B, C, D, E, F. 4. Defendant will also refer to Plaintiffs Exhibits. 5. Defendant's Inventory and Appraisement. Defendant reserves the right amend her Exhibit List. C. COUNSEL FEES None requested. Defendant requests that this Court equitably divide the marital estate. Respectfully submitted, ROMINGER & ASSOCIATES Date: lG F' ?// Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Phone: (717) 241 -6070 Supreme Court ID#: 81924 Attorney for Defendant AARON MATHIAS SHOWERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY - PENNSYLVANIA V. CIVIL ACTION - LAW RENEE SUSAN SHOWERS, DOCKET: 2008 -1014 - CIVIL TERM Defendant CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, do hereby certify that I served a copies of Defendant's Pre- Trial Statement; Defendant's Affidavit as to Marital Estate Inventory; Defendant's Income Statement; Defendant's Expense Statement upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Susan Kay Candiello, Esquire 4010 Glenfinnan Place Mechanicsburg, PA 17055 Date: Respectfully submitted, ROMINGER & ASSOCIATES arl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant AARON MATHIAS SHOWERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY - PENNSYLVANIA V. CIVIL ACTION - LAW RENEE SUSAN SHOWERS, DOCKET: 2008 -1014 - CIVIL TERM Defendant DEFENDANT'S AFFIDAVIT AS TO MARITAL ESTATE INVENTORY Defendant files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this inventory are true and correct,. cr. Defendant understands that false statements made herein are made subject to the pees ? IV,,, m a -rj ? Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: enee an Showers, Defendant Defendant, Renee Susan Showers, avers that with the exception of a single item of personal property, a certain mobile home which served as the marital residence; all assets of the marital estate have been distributed between the parties to their respective mutual satisfaction. As to the mobile home, Defendant avers the following: Defendant and Plaintiff purchased a mobile home in or about April 2006 for use as their marital residence. 2. The mobile home was unencumbered throughout the entirety of the couple's marital cohabitation. Defendant is aware that Plaintiff sold the mobile home for $8,000.00 and that Plaintiff has retained 100% of the proceeds from sale. 4. Defendant seeks 50% of the proceeds Plaintiff received from the sale of the marital home. Date: _161ee Respectfully, ROMINGER & ASSOCIATES arl E. Rominger, Esquire 155 S. Hanover Street Carlisle, PA 17013 Phone: (717) 241 -6070 Supreme Court ID: 81924 Attorney for Defendant I AARON MATHIAS SHOWERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY - PENNSYLVANIA V. CIVIL ACTION - LAW RENEE SUSAN SHOWERS, DOCKET: 2008 -1014 - CIVIL TERM Defendant : CERTIFICATE OF SERVICE I, Marl E. Rominger, Esgl.:ire, do hereby certify uhat I ser:'ed a copies of n Pendant's Pre- Trial Statement; Defendant's Affidavit as to Marital Estate Inventory; Defendant's Income Statement; Defendant's Expense Statement upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Susan Kay Candiello, Esquire 4010 Glenfinnan Place Mechanicsburg, PA 17055 Respectfully submitted, ROMINGER & ASSOCIATES Date: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attomey for Defendant AARON MATHIAS SHOWERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY - PENNSYLVANIA V. CIVIL ACTION - LAW RENEE SUSAN SHOWERS, DOCKET: 2008 -1014 - CIVIL TERM Defendant INCOME STATEMENT of Renee Susan Showers PURSUANT TO Pa. R.C.P. 1920.27(c)(1) I verify that the statements made in the Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. 10-4-11 Date Defendant INCOME Employer: Amazon Address: 675 Allen Road - Carlisle, PA ter; --+ ;f'i =` -<> rn ? _? Type work: Warehouse ' w' Payroll ID #: F , Pay Period (weekly / bi-weekly / etc: bi-weekly Gross Pay per Pay Period: $1026.86 Itemized Payroll Deductions: Fed. Withholding: $114.01 FICA: $41.61 State Wage Tax: $30.42 Local Income Tax: $15.85 Mandatory Retirement: N/A Union Dues: N/A Y Health Insurance: $27.23 Other: (specify) 401K $41.07 Net Pay per Pay Period: $730.67 Other Income: Week Month Year (fill in appropriate column) Interest Dividends Pension Distributions Annuity Social Security Rent Royalties Unemployment Compensation Workers Compensation Employer Fringe Benefits Other Total Other Income TOTAL INCOME $730.67 $1461.34 PROPERTY OWNED Ownership Description Value $ H W J Checking Metro Bank $50.00 X Savings Metro Bank $100.00 Credit Union Stocks / Bonds Real Estate Other INSURANCE Hospital Blue Cross Other Medical Blue Shield Other Health / Accident Disability Income Dental Other Total Company Policy Number Aetna 724749-22-002 Aetna 724749-22-002 Delta Dental 09013-10000 Coverage H W J X X X AARON MATHIAS SHOWERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY - PENNSYLVANIA V. CIVIL ACTION - LAW RENEE SUSAN SHOWERS, DOCKET: 2008 -1014 - CIVIL TERM Defendant CERTIFICATE OF SERVICE T Trnrl 1~ T? nminnar Fen»ire A . herahl, nar+ip, +ha+ T car y'..4 w -nnaae n f T)ofonP Dro_ 1, 1lfill L• l\V111111bVA -'?J"A V, MM -.Ww' VV.- --. JVl M -F.- ,V dar,... Trial Statement; Defendant's Affidavit as to Marital Estate Inventory; Defendant's Income Statement; Defendant's Expense Statement upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Susan Kay Candiello, Esquire 4010 Glenfinnan Place Mechanicsburg, PA 17055 Respectfully submitted, ROMINGER & ASSOCIATES Date: 4 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant 16 AARON MATHIAS SHOWERS, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08 - 1014 CIVIL RENEE SUSAN SHOWERS, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of 2012, a divorce decree having been entered on June 20, 2011, and the economic claims raised in the proceedings having been resolved in accordance with a divorce settlement agreement dated January 22, 2012, the appointment of the Master is vacated. cc: ? Susan Kay Candiello Attorney for Plaintiff Karl E. Rominger Attorney for Defendant BY THE COURT, Kevi A. Hess, P.TITI _. , t? ? W air ? C) r, AARON MATHIAS SHOWERS, PLAINTIFF VS. RENEE SUSAN SHOWERS, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-1014 CIVIL ACTION -LAW ACTION FOR DIVORCE DIVORCE SETTLEMENT THE PARTIES have reached a final settlement of the liabilities from their divorce, as follows: 1. Wife, RENEE SUSAN SHOWERS, shall pay to Husband, AARON MATHIAS SHOWERS, the sum of Two Thousand Dollars and No Cents ($2,000.00) on January 20, 2012; 2. Wife, RENEE SUSAN SHOWERS, shall pay to Husband, AARON MATHIAS SHOWERS, the sum of One Thousand Dollars and No Cents ($1,000.00) on or before February 3, 2012; The total sum of Three Thousand Dollars and No Cents,($3,000.00) shall represent Wife' portion of the marital debt. These payments resolve in full all of Husband and Wife's obligations to each other resulting from their marriage. Dated: January ' , 2012 Dated: January 7-L. 2012 AARON MATHIAS SHOWERS,