HomeMy WebLinkAbout04-2444MICHAEL SHOPE, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. . No. OV. d vv(( C6;U 'T-, -
JOHNI SHOPE, CIVIL ACTION - LAW
Defendant IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you for any other claim or relief requested in
these papers by the Plaintiff. You may lose money or property or
other rights important to you, including custody or visitation of
your children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
Office of the Prothonotary, Carlisle, Pennsylvania.
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 LAWYER REFERRAL SERVICE
32 South Bedford Street
Carlisle PA 17013
(717) 249-3166
Le han demandado a usted en la corte. Si usted quiere defenderse
de estas demandas expuestas en las paginas siguientes, usted
tiene veinte (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia
escrita o en persona o por abogado y archivar en la corte en
forma escrita sus defensas o sus objeciones a las demandas en
contra de su persona. Sea avisado que si usted no se defiende,
la torte tomara medidas y pueda entrar una orden contra usted sin
previo aviso o notification y por cualquier queja o alivio que es
pedido en la petition de demanda. Usted puede perder dinero o
sus propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
32 South Bedford Street
Carlisle PA 17013
(717) 249-3166
MICHAEL SHOPE, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 0Y•d4gq u?l ?Ro
JOHNI SHOPE, CIVIL ACTION - LAW
Defendant IN DIVORCE
COMPLAINT FOR DIVORCE UNDER SECTION
3301(C) OR 3301(D) OF THE DIVORCE CODE
AND NOW, comes the above-named Plaintiff, Michael Shope, by
his attorney, Mark A. Mateya, Esquire, and seeks to obtain a
Decree in Divorce from the above-named Defendant upon the grounds
hereinafter more fully set forth.
1. Plaintiff is Michael Shope, an adult individual who
currently resides at 1148 Redwood Drive, Carlisle, Cumberland
County, Pennsylvania 17013.
2. All legal papers may be served on Plaintiff by service
on his Attorney, Mark A. Mateya, Esquire with a mailing address
of P.O. Box 127, Boiling Springs, PA 17007.
3. Defendant is Johni Shope, an adult individual who
currently resides at 1148 Redwood Drive, Carlisle, Cumberland
County, PA 17013. The Defendant presently receives mail at P.O.
Box 464, Carlisle, Cumberland County, Pennsylvania 17013.
4. Plaintiff and Defendant are bona fide residents of the
Commonwealth for at least six (6) months immediately previous to
the filing of this Complaint.
5. The Plaintiff and Defendant were married on September
29, 2001 in Williamsport, Lycoming County, Pennsylvania.
6. There have been no prior actions of divorce or for
annulment of marriage between the Parties in this or any other
jurisdiction.
7. The marriage is irretrievably broken.
8. Neither the Plaintiff nor the Defendant are members of
the armed services of the United States or any of its allies.
9. Plaintiff has been advised that counseling is available
and that plaintiff may have the right to request that the court
require the parties to participate in counseling.
10. Plaintiff requests the Court to enter a Decree of
Divorce.
Dated ?- I 1 -? /04
Respectfully submitted,
By: GEC( . c
Mark A. Mate
Attorney I.D. No. 78931
P.O. Box 127
Boiling Springs, PA 17007
(717) 241-6500
Attorney for Plaintiff
VERIFICATION
I, Michael Shope, verify that the facts set forth in the
foregoing Complaint for Divorce are true and correct to the best
of my knowledge, information, and belief. I understand that
false statements herein are subject to the penalties of 18
Pa.C.S. § 4904, relating to unsworn falsification to authorities.
DATED : 51 / -) , 09
Michael Shoe
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MICHAEL SHOPE,
Respondent/Plaintiff
V.
JOHNI SHOPE,
Petitioner/Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004-02444
CIVIL ACTION -LAW
IN DIVORCE
PLAINTIFF'S RESPONSE TO DEFENDANT'S
PETITION FOR SPECIAL RELIEF
NOW COMES MICHAEL SHOPE, by and through his attorney, Mark A. Mateya,
Esq., and responds to Petitioner/Defendant's Petition for Special Relief as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied as stated. By way of further answer Respondent/Plaintiff provided
Petitioner/Defendant with several months of Cash Flow Reports which reveal
continuing balances of approximately $20,000.00 each month and a balance in
excess of $58,000.00 at the end of March, 2004, not an increase of $58,000.00.
6. Denied as stated.
7. Denied as stated. On the contrary, Respondent/Plaintiff alone drafted a proposed
agreement to further the spirit of cooperation in this case. See Exhibit "A".
8. Denied as stated. By way of further answer, to the extent that an answer is
required, Respondent/Plaintiff avers that there are additional assets belonging to
each party, including equity in the marital home.
ADDITIONAL FACTS
1. Both Petitioner/Defendant and Respondent/Plaintiff are gainfully employed.
2. Respondent/Plaintiff received a bonus payment as part of his yearly compensation
from State Farm Insurance in the amount of $35,245.24, from which
Respondent/Plaintiff must pay all his business expenses.
3. Respondent/Plaintiff avers that this bonus payment is a portion of his yearly
income, from which Respondent/Plaintiffmust pay all his business expenses.
4. Respondent/Plaintiff, in an attempt to make the equitable distribution between
himself and his estranged wife more reasonable, has arranged for the agreed upon
division of the husband and wife's money market account, accepting slightly less
than one-half ('/z) of the amount in full as settlement thereof. See Exhibit "B"
attached hereto and incorporated herein.
5. With respect to the $35,245.24 payment made to Respondent/Plaintiff, Plaintiff
has offered to segregate $20,000.00 of that amount until the final distribution is
decided upon by this Court or agreed to by the parties.
6. The Cash Flow Report referred to by Petitioner/Defendant in her Petition for
Special Relief is from Respondent/Plaintiff s business operating account.
7. It is a long held tradition in Pennsylvania Courts that "He who requests the Court
do equity must come into Court with clean hands."
8. Petitioner/Defendant removed the vast majority of marital goods from the marital
home without consulting Respondent/Plaintiff in any manner whatsoever.
9. Freezing Respondent/Plaintiff's operational account in the amount of $58,000.00
would effectively cripple Respondent/Plaintiff's business and make him unable to
operate his business as a State Farm Insurance agent.
10. Respondent/Plaintiff employs three (3) full-time employees.
WHEREFORE, Respondent/Plaintiff prays this Honorable Court deny
Petitioner/Defendant's Petition for Special Relief.
Respectfully submitted,
Mark A. Mateya, Esquire
Attorney I.D. No. 78931
P.O. Box 127
Boiling Springs, PA 17007
(717) 241-6500
(717) 241-3099 Fax
Counsel for Plaintiff/Respondent
Date: (, ? ? ?
MICHAEL SHOPE, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO.
JOHNI SHOPE, CIVIL ACTION -LAW
Defendant IN DIVORCE
STIPULATION REGARDING SPECIFIC FUNDS
WHEREAS, it is the intention of the parties Michael Shope, Plaintiff, and Johni Shope,
Defendant, to resolve their differences regarding remuneration paid to Michael Shope and
described more fully hereafter, the parties herein agree to the following:
1. That a Complaint for Divorce was recently filed by Plaintiff, Michael Shope in
Cumberland County.
2. Plaintiff is represented by Mark A. Mateya, Esquire.
3. Defendant is represented by Carol Lindsay, Attorney at Law.
4. Plaintiff and Defendant, by and through their Attorneys, have identified a bonus
payment made to Plaintiff, Michael Shope from his parent company, State Farm Insurance, the
character and final disposition of which is at question.
5. Said bonus payment from State Farm Insurance to Plaintiff Michael Shope is in the
amount of $32,245.24. See Exhibit "A" attached hereto and incorporated herein.
EXHIBIT "A"
6. An amount of $20,000.00 of the $32,245.24 will be segregated and not spent or
dissipated in any manner whatsoever by Plaintiff, Mike Shope; the amount of $20,000.00 will
remain in Plaintiff's business checking account, not to be spent or dissipated for business or
personal reasons.
7. The parties agree that the question of the ownership, character, final distribution, and
other obligations relating thereto, regarding bonus payment are not hereby settled or decided by
entering into this Stipulation.
Respectfully submitted,
Date:
Mark A. Mateya, Esquire
Counsel for Plaintiff
Mike Shope
Plaintiff
Date:
Carol Lindsay, Attorney at Law
Counsel for Defendant
Date:
Johni Shope
Defendant
06!03/2004 22:54 FAX
A-a> N Bank...
April 12, 2004
Re: Verification of Deposit Account
Customer Name(s): Michael E Shope
State Farm Bank® Account No: 1000910021
To Whom it May Concern:
I0 002
This serves as a Verification of Deposit letter for the above-referenced customer(s)
and account. The information requested is as follows:
State Farm Bank Routina Number 071174431
Account Type: Money Market Account
Ownership Type: Joint_ Account
Accountholder Names : Michael E Shope or Johni L Shope
Account Number: 1000900021
Balance as of 04/12/2004: $12,437.53
The account is currently in good standing.
If you have any questions, please call State Farm Bank toll-free at 1-877-SF4-BANK
(1-877-734-2265).
Sincerely,
Ronald R. Akers
Customer Service Specialist
Operations Center
Customer Care Group/LBC1
MEMBER
FDIC P.O. Box 2316
R?nnmo.r. rnv. in name Rl vn?_ocva
LENDER
EXHIBIT "B"
06/03/2004 22:555 FAX
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CERTIFICATE OF SERVICE
I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing
Plaintiff's Response to Defendant's Petition for Special Relief on the following person(s) by
depositing a true and correct copy of the same in the United States Mail, first class, postage
prepaid, at Harrisburg, Dauphin County, Pennsylvania addressed to:
Carol J Lindsay Attorney at Law
Saidis Shuff Flower & Lindsay
26 West High Street
Carlisle PA 17013
Dated: G. Ou
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Mark A. M,.teya, squire
PO Box 127
Boiling Springs, PA 17007
(717) 241-6500
(717) 241-3099 Fax
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JUN 0 3 2004
MICHAEL SHOPE, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
Vs. CIVIL ACTION - DIVORCE
NO. 2004 -2444 CIVIL TERM
JOHNISHOPE,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this day of 2004, upon consideration
of the within Petition, a Rule is issued to the Respondent to show cause why the
relief requested should not be granted. Rule returnable at a hearing set for the
?y of a1 ( 2004 in courtroom (number at the
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courthouse at Carlisle, Pennsylvania at L03?'clock*M.
Pending the hearing the parties are ordered not to sell, give away, alienate,
SAIDIS
SHUFF, FLOWER
& LINDSAY
encumber or otherwise dispose of any pierraf marital property whether that
property is owned by them individually, jointly or by Respondent's corporation,
Cassius Mullen's Auto Care Center Incorporated'. -r?-co+ f 1.Q"
C44AA By the ourt,
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26 W. High Sheet
Carlisle, PA
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MICHAEL SHOPE, : IN THE COURT OF COMMON PLEAS
Respondent/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2004-02444
JOHNI SHOPE, : CIVIL ACTION -LAW
Petitioner/Defendant : IN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this 7th day of June 2004, comes Mark A. Mateya, Esquire, Attorney for
Plaintiff, who, being duly sworn according to law, deposes and says that:
A Complaint for Divorce was filed to the above term and number on May 28, 2004.
2. On June 2, 2004, a certified copy of the Complaint in Divorce and Custody was sent
to the Defendant via certified mail, restricted delivery, return receipt requested pursuant to Pa. R.C.P.
1920.4.
3. On June 2, 2004, a certified copy of the Complaint was set to the Defendant via first class
mail, postage prepaid. A copy of the Certificate of Mailing is attached hereto as Exhibit `A' and is
incorporated herein by reference.
4. On or about June 7, 2004, undersigned counsel forPlaintiffreceived the return receipt
card signed by the Defendant on June 4, 2004. Said receipt is attached hereto as Exhibit "B" and is
incorporated herein by reference.
Respectfully submitted,
Mark A. Mateya, squire
Attorney I.D. No. 78931
P.O. Box 127
Boiling Springs, PA 17007
(717) 241-6500
(717) 241-3099 Fax
Attorney for Plaintiff
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MICHAEL SHOPE,
Plaintiff
V.
JOHNI SHOPE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-2444 CIVIL TERM
ORDER OF COURT
AND NOW, this 8th day of June, 2004, this matter
having been called for a hearing on a petition by Johni Shope
for special relief, and the parties having reached an agreement,
IT IS ORDERED:
1. The temporary order entered on June 4, 2004, is
vacated and replaced with this order.
2. Husband, Michael Shope, shall not later than
Friday, June 11, 2004, place $35,000.00 with his counsel, Mark
Mateya, Esquire, which money counsel shall place in an interest
bearing escrow account.
3. Each spouse shall report 50 percent of the
interest earned on the account for tax purposes.
4. Except upon agreement, the funds shall not be
dispersed except upon an order of equitable distribution of
marital property.
5. This order shall not effect or prejudice the
ultimate disposition of the money as per a determination of an
equitable order of distribution.
By urt,
Edgar B. E3ayley, J.
Mark A. Mateya, Esquire
For Plaintiffd 1,o„py
lee"
Carol J. Lindsay, Esquire ?n
For Defendant Sheriff
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MARRIAGE SETTLEMENT AGREEMENT
AGREEMENT made this 20th day of October, 2004, by and between JOHNI
(hereinafter called "Wife") and MICHAEL SHOPE (hereinafter called "Husband").
WITNESSETH:
WHEREAS, the Parties hereto are Husband and Wife, having been married on
29, 2001 in Williamsport, Lycoming County, Pennsylvania.
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen
the
Parties and it is the intention of Husband and Wife to live separate and apart for the rest o4 their
natural lives, and the Parties hereto are desirous of settling fully and finally the respective
and property rights and obligations as between each other, including without limitation:
1. The settling of all matters between them relating to ownership and
distribution of real and personal property;
2. The settling of all matters between them relating to past, present and future
alimony and/or maintenance of Husband by Wife or Wife by Husband;
„
3. In general, the settling of any and all claims and possible claims by one
other or against their respective estates.
NOW THEREFORE, in consideration of the premises and of the mutual
covenants and undertakings hereinafter set forth and for other good and valuable
the
receipt of which is hereby acknowledged by each of the Parties hereto, Husband and Wife each
intending to be legally bound hereby, covenant and agree as follows:
I. AGREEMENT NOT PREDICATED UPON DIVORCE : It is
understood and agreed by and between the Parties hereto, and each of the Parties does
and represent to the other that the execution and delivery of this Agreement is not
nor made subject to any Agreement for the institution, prosecution, defense or for the
prosecution or non-defense of any action for divorce; provided, however, that nothing contain d in
this Agreement shall prevent or preclude either of the Parties hereto from commencing, instit ting
or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, lega and
proper grounds, nor to prevent either party from defending any such action which may, has be T, or
shall be instituted by the other Party, or from making any just or proper defense thereto.
2. EFFECT OF DIVORCE DECREE : The Parties agree that unless
specifically provided herein, this Agreement shall continue in full force and effect after such
as a final decree in divorce may be entered with respect to the Parties.
2
3.
Parties agree that the terms of this Agreement shall be incorporated but not merged into any
Decree which may be entered with respect to them.
4. ADVICE OF COUNSEL: The provisions of this Agreement are intended
a legally binding property settlement between the parties. Husband has been represented
The
A. Mateya, and Wife is represented by Carol Lindsay. Each party acknowledges that he or shj fully
understands the facts and has been fully informed as to his or her legal rights and obligation, and
each party acknowledges and accepts that this Agreement is fair and equitable, that it is being
into freely and voluntarily and that this Agreement and the execution thereof is not the result
duress, undue influence or collusion.
5. INTERFERENCE: Each party shall be free from all control, restraint,
or authority, direct or indirect, by the other in all respects as fully as if he or she were
Each may reside at such place or places as he or she may select. Each may, for his or her
use or benefit, conduct, carry on or engage in any business, occupation, profession or
any
which to him or her may seem advisable. This provision shall not be taken, however, to + an
admission on the part of either Husband or Wife of the lawfulness of the causes which led tb, or
resulted in, the continuation of their living apart. Husband and Wife shall not molest, harass, di urb
or malign each other or the respective families of each other, nor in any way interfere wit the
peaceful existence, separate and apart from the other, nor compel or attempt to compel the oth r to
cohabit or dwell by any means or in any manner whatsoever with him or her.
3
6. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise,
quit claim, and forever discharge the other in the estate of such other, for all time to come, ind for
all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or gainst
the property (including income and gain from property hereafter accruing) of the other or aga' st the
estate of such other, or whatever nature and whatsoever situate, which he or she now has or at any
time hereafter may have against such other, the estate of such other, or any part thereof, w ether
arising out of any former acts, contracts, engagements or liabilities of such other, or by way of lower
or courtesy, or widows or widowers rights, family exemptions or similar allowance, or un or the
intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conv ance
by the other as testamentary, or all other rights of a surviving spouse to participate in a
spouse's estate, whether arising under the laws of Pennsylvania, any state,
or the United States, or any other country, or any right which Wife may have or at anytime her after
have for past, present or future support of maintenance, alimony, alimonypendente lite, counse fees,
costs or expenses, whether arising as a result of the marital relation or otherwise, except, an only
except, all rights and agreements and obligations of whatsoever nature arising or which may arise
under this Agreement or for the breach of any thereof. It is the intention of Husband and W Ife to
give each other, by the execution ofthis Agreement, a full, complete and general release with
to any and all property of any kind or nature, real, personal or mixed, which the other now owns or
may hereafter acquire, except and only except all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or for the breach
provision thereof.
any
4
7. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS : Eacj party
understands that he or she has the right to obtain from the other party a complete inventor}lor list
of all of the property that either or both parties own at this time or owned as ofthe date
and that each party has the right to have all such property valued by means of appraisals or
Both parties understand that they have the right to have a court hold hearings and make
on the matters covered by this Agreement. Both parties understand that a court decision
the parties' respective rights and obligations might be different from the provisions CK this
Agreement.
Each party hereby acknowledges that this Agreement is fair and equitable, that is
provides for his or her needs and is in this or her best interests, and that the Agreement is nbt the
result of any fraud, duress, or undue influence exercised by either party upon the other or * any
other person or persons upon either party. Both parties hereby waive the following procedural
a. The right to obtain an inventory and appraisement of all marital andlnon-
marital property as defined by the Pennsylvania Divorce Code.
b. The right to obtain an income and expense statement of the other party as
provided by the Pennsylvania Divorce Code.
C. The right to have property identified and appraised.
d. The right to discovery as provided by the Pennsylvania Rules of
Procedure.
C. The right to have the court determine which property is marital and whi?h is
non-marital, and equitably distribute between the parties that property which the court
5
to be marital, and to set aside to either party that property which the court determines to be the
parties' non-marital property.
f The right to have the court decide any other rights, remedies, privile es, or
obligations covered by this Agreement and/or arising out of the marital relationship, includ g but
not limited to possible claims for divorce, child or spousal support, alimony, alimony pende to lite
(temporary alimony), equitable distribution, debt allocation, and counsel fees, costs and ex uses.
8. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge th t they
have divided the marital property as of the date of this Agreement, including, but without limi ation,
jewelry, clothes, furniture and other personalty and hereafter Husband agrees that all the pr perty
in the possession of Wife on the date of this Agreement shall be the sole, separate property f the
Wife; and Wife agrees that all of the property in the possession of the Husband on the date f this
Agreement shall be the sole, separate property of Husband; irrespective of the foregoing provi ions,
Husband hereby agrees to set over, transfer and assign all of his right, title and interest to hose
personal effects and items of personalty that are more fully described in Schedule "A," whic has
been annexed hereto and made a part hereof and which shall become the sole property of Wife with
the right to remove same from the marital premises or from wherever located, and Wife h eby
agrees to set over, transfer and assign all of her right, title and interest to those personal effect and
items ofpersonalty that are more fully described in Schedule "B" which has been annexed beret and
made a part hereof and which shall become the sole property of Husband. The Parties do he eby
specifically waive, release, renounce and forever abandon whatever claims he or she may have ith
6
respect to any of the above-items which are the sole and separate property of the other from
of execution hereof.
9. AFTER-ACQUIRED PERSONAL PROPERTY: Each of the
hereinafter own and enjoy, independently of any claim or right of the other, all items of
date
shall
property, tangible or intangible, acquired by him or her after April 2, 2004, with full power In him
or her to dispose of the same as fully and effectively, in all respects and for all purposes, as t ough
he or she were unmarried.
10. DIVISION OF VEHICLES : With respect to the vehicles, the parties ag ee as
follows:
a. No vehicles are owned by either party.
b. Both the Jeep, presently driven and used exclusively by Husband, d the
Honda, presently driven and used exclusively by Wife, are leas$d by
Husband and Wife jointly.
C. Wife agrees to maintain exclusive enjoyment and use of Honda and to
all necessary payments thereon, including but not limited to, lease
when due, repairs, licensing and titling, and insurance. Wife agrees to
harmless Husband for any and all incidents, accidents, or issues
either directly or indirectly to said Honda from the date of the execution of
this document forward.
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d. Husband relinquishes any right to the enjoyment or use of the Honda qom the
date of the execution of this document forward.
e. Husband agrees to maintain exclusive enjoyment and use ofJeep and tp make
all necessary payments thereon, including but not limited to, lease
when due, repairs, licensing and titling, and insurance. Husband agrees to
assume this lease in his sole name within thirty (30) days of the execution of
this document. By way of further explanation, Husband has I made
arrangements to assume said lease with Wells Fargo Financial. Hustand's
new lease will be completed sometime shortly after January 1, 2005.
f. Wife relinquishes any right to the enjoyment or use of the Jeep from tt date
of the execution of this document forward.
g. Husband and wife mutually agree not to extend the current lease for
they have taken responsibility, as stated above, in joint names beyond the
original lease terms, as signed by each party.
h. Husband agrees that he will not, under any circumstances, including bit not
limited to, full or partial disability and/or full or partial impairment
keeps him from being able to be gainfully employed, seek contribution
wife to pay for the current lease for which he has taken responsibility, as
stated above.
In the event any vehicle is subject to a lien or encumbrance the party receiving said vehicle ai his
or her property shall take it subject to said lien and/or encumbrance and shall be solely
therefor and said party further agrees to indemnify, protect and save the other part harmless from I
8
lien or encumbrance. Each of the parties hereto does specifically waive, release, renounce and
forever abandon whatever right, title and interest he or she may have in the vehicle(s)
become the sole and separate property of the other pursuant to the terms of this Paragraph.
11. REAL PROPERTY: Husband and Wife hereby agree that the real property,
at 1148 Redwood Drive, Carlisle, Cumberland County, Pennsylvania 17013 will, from the
shall
of the execution of this document and hereafter, be the property of Husband. Husband agrek to
maintain a mortgage in his name alone, liability attaching to him alone, at the earliest date
possible, but no later than forty-five (45) days after the date of the execution of this docume it.
Wife shall have no liability to or flowing from the property at 1148 Redwood Drive, Carlisl ,
Cumberland County, Pennsylvania 17013 from the date of the signing of this Agreement
forward. Husband covenants and agrees to pay and discharge said obligations on said prem es
and agrees to indemnify Wife from any loss by reason of his default in the payment thereof, c
agrees to hold Wife harmless from any future liability with regard thereto, including the cos of
defense and actual counsel fees incurred to defend against an action brought against her by v rtc
of his default.
Concurrent with the signing of this Marriage Settlement Agreement, Wife will
Quit Claim Deed conveying all right, title and interest in the real property located at 1148
Redwood Drive, Carlisle, Cumberland County, Pennsylvania 17013 to Husband.
12. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The
hereby agree and express their intent that any transfer of property pursuant to this Agreement
9
be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the
specifically, the provisions of said Act pertaining to the transfers of property between spouses and
former spouses. The parties agree to sign and cause to be filed any elections or other
required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this
Agreement without recognition of gain on such transfer and subject to the carry-over basis
of the said Act.
13. WARRANTY AS TO EXISTING OBLIGATIONS: Each Party
that
they have not heretofore incurred or contracted for any debt or liability or obligation for whicfr the
estate of the other Party may be responsible or liable except as may be provided for id this
Agreement. Each Party agrees to indemnify or hold the other Party harmless from and againsk any
and all such debts, liabilities or obligations of every kind which may have heretofore been
by them, including those for necessities, except for the obligations arising out of this
14. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife
covenant, warrant, represent and agree that each will now and at all times hereafter save
and keep the other indemnified from all debts, charges and liabilities incurred by the other after
2, 2004, except as may be otherwise specifically provided for by the terms of this Agreement
that neither of them shall hereafter incur any liability whatsoever of which the estate of the other i
be liable.
10
IS. WAIVER OF ALIMONY, SUPPORT AND MAINTENANCE :
and
Wife do hereby waive, release, and give up any rights they may respectfully have against t other
for alimony, support, or maintenance. It shall be from the date of this Agreement t e sole
responsibility of each of the respective parties to sustain themselves without seeking any pport
from the other party. The parties hereby acknowledge that by this Agreement each has resp tfully
secured and maintained a substantial and adequate fund with which to provide themselves
financial resources to provide for their comfort, maintenance and support in the station ofllife to
which they are accustomed.
16. PENSION: Husband and Wife hereby waive any and all right each has to the
pension. Both parties shall sign any and all documentation necessary to effectuate said
17. CASH PAYMENT: Husband and Wife agree to the following as full settlement of
all financial equitable distribution issues between them:
a) Wife shall take possession of forty-two thousand dollars ($42,000.00) 1
held in escrow by Mark A. Mateya, Esq. ;
b) Husband shall pay to wife and additional twenty-five thousand, five
dollars ($25,500.00) for a total of sixty-seven thousand, five hundred
($67,500.00) at the execution of this document.
I& OTHER DOCUMENTATION: Wife and Husband covenant and agree that
will forthwith (and within at least thirty (30) days for demand therefore) execute any and all
11
instruments, assignments, releases, satisfactions, deeds, notes or other such writings as flay be
necessary or desirable for the proper effectuation of this Agreement in order to carry out fully and
effectively the terms of this Agreement.
19. FULL DISCLOSURE: Each party asserts that he or she has made a fill and
complete disclosure of all of the real and personal property of whatsoever nature and wh rever
located belonging in any way to either or both of them, of all the debts and encumbrances in urred
in any manner whatsoever by either or both of them during the marriage, of all sources and a ounts
of income of each party, and of every other fact relating in any way to the subject matter f this
Agreement. These disclosures are part of the consideration made by each party for entering this
Agreement.
20. BANKRUPTCY: The parties hereby agree that the provisions of this
shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all oblig ions
contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a disc arge
of any obligations assumed hereunder, the other party shall have the right to terminate this
Agreement in which event the division of the parties' marital assets and all other rights dete fined
by this Agreement shall be subject to court determination the same as if this Agreement had ver
been entered into.
21. FEES COSTS AND EXPENSES: Each party agrees to be solely responsibli for
her and his respective counsel fees, costs and expenses in negotiating and concluding
12
Agreement, dissolving their marriage and consummating all provisions of this Agreement.
has paid all fees relating to the drafting of this agreement.
22. ENTIRE AGREEMENT: This Agreement contains the entire
between the Parties. There are no representations, warranties, covenants or undertakings othir than
as expressly set forth herein.
23. WAIVER OR MODIFICATION TO BE IN WRITING : No modification nor
waiver of any of the terms hereof shall be valid unless in writing and signed by both Parties td no
waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent
of the same or similar nature.
24. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be
in accordance with the laws of the Commonwealth of Pennsylvania.
25. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and
inure to the benefit of the Parties hereto and their respective heirs, executors,
successors and assigns.
26. SEVERABILITY: If any term, condition, clause or provision of this
shall be determined or declared to be void or invalid in law or otherwise, then only that
condition, clause or provision shall be stricken from this Agreement and in all other respects
13
. . , „. ..
Agreement shall be valid and continue in full force, effect and operation. Likewise, the fai ure of
any Party to meet his or her obligations under any one or more of the paragraphs herein w th the
exception of the satisfaction of the conditions precedent, shall in no way void or alter the re fining
obligations of the Parties.
27, NO WAIVER OF DEFAULT: This Agreement shall remain in full force
unless and until terminated under and pursuant to the terms of this Agreement. The failure of ither
party to insist upon strict performance of any of the provisions of this Agreement shall inn way
affect the right of such party hereafter to enforce the same, nor shall the waiver of any subse uent
default of the same or similar nature, nor shall it be construed as a waiver of strict performa ce of
any other obligations herein.
28. BREACH: If for any reason either Husband or Wife fails to perform his
obligations hereunder to the other spouse, and the other spouse incurs any expense hereby (inch
but not limited to legal fees and costs) in enforcing his or her rights, the non-breaching party
have the right, at his or her election, to sue in law or in equity to enforce any rights and rem
which the party may have and the spouse who failed to perform the obligations agrees to inder
the other spouse and hold him or her harmless from any and all such expenses.
29. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the
of the several paragraphs and subparagraphs hereof are inserted solely for the
her
of
14
4 • I U ` i
reference and shall not constitute a part of this Agreement nor shall they effect its
construction or effect.
IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the
year first above-written.
WITNESS:
i
(SEAL)
{?, L rCJI
JOHNI SH PE
(SEAL)
MICHAEL SH PE
and
15
P . , r
COMMONWEALTH OF PENNSYLVANIA
SS. No.
COUNTY OF CUMBERLAND
On this, the day of ?(?,c 2004, before me, a Notary Public in and fo said
Commonwealth and County, personally appeared JOHNI SHOPE, known to me (or satisfac orily
proven) to be the person whose name is subscribed to the within Agreement, and acknowledge that
she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Public
My Commission Expires:
+. MERLENE I. MARHEVKA, NOTARY PUBLIC
CARLISLE, CUMBERLAND COUNTY, PA
(SEAL) MY COMMISSION EXPIRES JUNE 6, 2W6
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF DAUPHIN
On this, the ' kday o ay 2004, before me, a Notary Public in and for
Commonwealth and County,personally appeared MICHAEL SHOPE, known to me (or
proven) to be the person whose name is subscribed to the within Agreement, and acknowledged
he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
My Commission Expires:
(SEAL)
Notarial Seal
Frances A. Aumiller, Notary Public
City of Harrisburg, Dauphin County
s Mar. 16, 2006
My Commission Expire
Member, , PennsylvantaAssoclattonot Notaries
16
,. ,. ..
SCHEDULE"A"
Wife's Personal Property
Any and all personal property presently in Wife's possession.
17
SCHEDULE"B"
Husband's Personal Property
Any and all personal property presently in Husband's possession.
18
MICHAEL SHOPE, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2004-02444
JOHNI SHOPE, CIVIL ACTION - LAW
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
2004.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree in divorce after service of notice of
to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand that
statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to
falsification to authorities.
DATED: l al 13 Fog
Michael Shope
Plaintiff
28,
MICHAEL SHOPE, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. . NO. 2004-02444
JOHNI SHOPE, : CIVIL ACTION -LAW
Defendant : IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF
A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE
I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
1 I understand that I will not be divorced until a divorce decree is entered by
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to u,
falsification to authorities.
DATE l4131W
Michael Shope
Plaintiff
MICHAEL SHOPE, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2004-02444
JOHNI SHOPE, CIVIL ACTION -LAW
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
2004.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree in divorce after service of notice of i
to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand that
statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to
falsification to authorities.
DATED: I2 8
Johni Sliol
Defendant
MICHAEL SHOPE, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2004-02444
JOHNI SHOPE, : CIVIL ACTION -LAW
Defendant : IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF
A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE
I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to ul
falsification to authorities.
DATE /k 8 6?
Defendant
MICHAEL SHOPE,
Respondent/Plaintiff
V.
JOHNI SHOPE,
Petitioner/Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004-02444
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
divorce decree:
Ground for divorce: irretrievable breakdown under Section 3301(c) of the
Divorce Code.
2. Date and manner of service of the complaint:
By certified mail on June 4, 2004. See the Affidavit of Service filed to the
term and number on June 7, 2004.
Complete either paragraph (a) or (b):
(a) Date of execution of the affidavit of consent required by Section 3301
of the Divorce Code: by Plaintiff December 13, 2004 ;
by Defendant December 8, 2004
(b)(1) Date of execution of the Plaintiffs affidavit required by Section 3301(
the Divorce Code:
(2) Date of service of the Plaintiffs affidavit upon the
4. Related claims pending: None
5. (a) Date and manner of service of the notice of intention to file praecipe
transmit record, a copy of which is attached:
of
(b) Date plaintiffs Waiver of Notice in §3301(c) Divorce was filed with
prothonotary: simultaneously herewith.
Date defendant's Waiver of Notice in §3301(c) Divorce was filed
prothonotary: simultaneously herewith.
Each party has filed a Waiver of the Notice of Intention to Request Entry of
.Divorce Decree.
Mark A. MateyW, Esquire
P.O. Box 127
Boiling Springs, PA 17007
(717) 241-6500
Attorney for Plaintiff
the
IN THE COURT OF COMMON PLEA
OF CUMBERLAND COUNTY
STATE OF PENNA.
Michael
NO. 2004-02444
VERSUS
Johni
DECREE IN
DIVORCE
AND NOW, IT IS ORDERED AND
DECREED THAT Michael
, PLAINTIFF
AND Johni Shope ,DEFENDAN?,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHIC HAVE
BEEN RAISED OF RECOU IN THIS ACTION FOR WHICH A FINAL ORDER H NOT
YET BEEN ENTERED;
ovul
and number is incorporated but not
BY THE COURT:
ATTEST:
rge
,pr into this
J.
PROTHONOTARY
ho- ce-&
... ,
I
RYAN J. ZIRKLE,
Plaintiff/Respondent
V.
DANICA A. ZIRKLE,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005-2444 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
IN RE: PETITION FOR EMERGENCY CUSTODY
ORDER OF COURT
AND NOW, this 30th day of January, 2009, after
conference with the parties, hearing in this matter is continued
to Tuesday, February 10, 2009, at 1:00 p.m. Pending said
hearing, father may have visitation with the child on Mondays
and Tuesdays from noon until 5:00 p.m. He may not, however,
have the child in his home.
Edward E. Guido, J.
?- Joanne Harrison Clough, Esquire
Attorney for Defendant/Petitioner
-4Ryan J. Zirkle
313 9th Street
New Cumberland, PA 17070
Plaintiff/Respondent
Sheriff
srs
12TCes mat tc4L
a!?lo?
I ,, :r) 1 ?'-, 7-