Loading...
HomeMy WebLinkAbout02-0063 11/15/01 CASE TRANSFERRED TO CUMBERLAND COUNTY. IN THE COURT OF COMMON PLEAS OF THE FIFTY-NINTH JUDICIAL DISTRICT OF PENNSYLVANIA T? u. rln WILLIAM SHIELDS, COUNTY BRANCH -CAMERON Plaintiff VS. CIVIL DIVISION LISA SHIELDS, Defendant NO. -4898---3222- (( -( ORDER OF COURT AND NOW, November 8, 2001, at time set for hearing on Defendant's Petition To Vacate Divorce Decree, and at time of hearing Plaintiff not appearing to contest the petition and having submitted through his counsel a Praecipe To Dismiss Divorce Decree filed November 7, 2001, which the Court accepts as Plaintiff's agreement to vacate the divorce decree, IT IS ORDERED AND DECREED that the Petition To Vacate is granted and Divorce Decree dated June 4, 2001, and filed July 3, 2001, is vacated. FURTHER, the Court finding that neither Plaintiff nor Defendant are residents of the County of Cameron, and Pa. R.C.P. 1920.2 ( c ) allowing this Court to transfer this action to the county where the action originally could have been initiated, it is ordered and decreed that the divorce action is transferred to the Court of Common Pleas of Cumberland County, Pennsylvania, where both parties reside and where the- action originally could have been initiated. c.; Costs of the transfer are imposed upon the Plaintiff and shall be paid no later than twenty (20) days after the date of entry of this order. ^orroct Copy -rpm 1?19 tree{ron Co. 0 ?-,O'Lary True and Correct Copy cor ified from the Records of Cameron Co. [? I vnfna. a , puty Prothonotary IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY Fifty - Ninth Judicial District NO: 00- 5222 DEBT: $ 0.00 RECORDED: 08/14/00 SURCHARGE: 10.00 BOOK: PAGE: 0 PRO: 40.50 KIND: DIV JCP FEE: 5.00 SAT DATE: 06/04/01 <PLAINTIFF> 1 SHIELDS WILLIAM <DEFENDANT> 1 SHIELDS LISA `AUGUST 14, 2000 - Plaintiff's Complaint in Divorce filed by GREGORY S. ?iAZLETT, ESQ. SAME DATE: Certified copy of Complaint with endorsement thereon to plead to same, issued for service upon the defendant. Verification filed: iJUNE 4, 2001 - Notice to Defendant and Plaintiff's Affidavit Under Section 3301(d), Counter-Affidavit not opposing, Notice and Praecipe to Transmit the Records filed ($9.00 fee paid). `JULY 3, 2001 - Decree Filed/notices mailed. JUNE 4, 2001 - Decree Granted. 'AUGUST 14, 2001 - Petition to Vacate/Strike Divorce Decree and Proof of Service filed on behalf of Defendant by JAMES L. MARTIN, ESQ.: -SAME DATE - to Judge: AUGUST 29, 2001 - Order of Court filed: , AND NOW, this 17th day of August, 2001, upon consideration of the within Petition to Vacate, IT IS ORDERED AND DECREED that a hearing is scheduled for the 3rd day of October, 2001 at 9:30 o'clock a.m. in the Main Courtroom of the Cameron County Courthouse, Emporium, PA 15834. Legal briefs in support and in opposition shall be filed 7 days before hearing. BY THE COURT: /s/ Vernon D. Roof, P.J. SAME DATE - Copies to Atty. Martin and Atty. Hazlett: (mgo) "'-fEPTEMBER 4, 2001 - Plaintiff's Answer to Defendant's Petition to Vacate/ Strike Divorce Decree filed by Atty. Hazlett: C SEPTEMBER 20, 2001 - Order of Court filed: NOW, September 18, 2001, IT IS ORDERED AND DECREED that hearing scheduled for October 3, 2001 is continued to the 8th day of November, 2001, at 1:00 p.m. in the Main Courtroom, Cameron County Courthouse, Emporium, Pennsylvania. BY THE COURT: /s/ Vernon D. Roof, P.J. SAME DATE - Copies to Atty. Hazlett and Atty. Martin: (mgo) NOVEMBER 15, 2001 - ORDER OF COURT - AND NOW November 9, 2001 at time set for hearing on Defendant's Petition to Vacate Divorce Decree, and at time of hearing Plaintiff not appearing to contest the petition and having submitted through his counsel a Praecipe to Dismiss Divorce Decree filed November 7, 2001, which the Court accepts as Plaintiff's agreement to vacate the divorce decree, IT IS ORDERED AND DECREED that the Petition to Vacate is granted and Divorce Decree dated June 4, 2001, and filed July 3, 2001, is vacated. FURTHER, the Court finding that neither Plaintiff nor Defendant are residents of the County of Cameron, and Pa. R.C.P. 1920.2(c) allowing this Court to transfer this action to the county where the action originally could have been initiated, it is ordered and decreed that the divorce action is transferred to the Court of Common Pleas of Cumberland County, Pennsylvania, where both parties reside and where the action originally could have been initiated. Costs of the transfer are imposed upon the Plaintiff and shall be paid no later than twenty (20) days after the date of entry of this order. BY THE COURT /s/ Vernon D. Roof, President Judge. NOVEMBER 19, 2001 - Copies to the Court of Common Pleas of Cumberland County, Gregory Hazlett, Attorney for Plaintiff, James L. Martin, Esquire for Defendant and Lisa Shields. True and Correct Copy ce ii;ied from the Rr...;-rds of Cameron Co. Perri :a. oputy Prothoflo ary IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY, COMMONWEALTH OF PENNSYLVANIA WILLIAM SHIELDS, Civil Action-Divorce PLAINTIFF, Docket No. 2000- -5222 vs. LISA SHIELDS, DEFENDANT, t =? PRAECIPE TO DISMISS DIVORCE DECREE _ To the Prothonotarv: p w Please Dismiss the Divorce Decree relative to the aforementioned parties. Date: 10/5/2001 20 Sou arket Street Mec anicsburg, PA. 17055 717-790-0490 Atty. I.D. 69528 'q ?'? C e: ?..orr?rt Copy °rcw tie :4 u c;i Gluri-_ron Co. Deputy Prothonotary 1 IN THE COURT OF COMMON PLEAS CAMERON COUNTY, COMMONWEALTH OF PENNSYLVANIA WILLIAM SHIELDS, PLAINTIFF, Civil Action-Divorce "" et No. 9nnn -,5-,2 2 9, LISA SHIELDS, DEFENDANT, 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. 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 LAWVFR AT ONCE, IF YOU DO NOT HAVE. A LAWYER OR CANNO'r AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR'ril BELOW TO FIND OUT WHERE YOU CAN GET LEGAL IIELP. OFFICE. OF THE PROTIIONOTARY East 5th Street Emporim, Pennsylvania 15834 Telephone: (814) 486-3349 Copy on Co. IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY, COMMONWEALTH OF PENNSYLVANIA WILLIAM SHIELDS, Civil Action-Divorce 00011 rqo. 2000 PLAINTIFF, e y VS. LISA SHIELDS, DEFENDANT USTED HA S1DO DEMANDADO EN LA CORTE. Si desea defenderse de las qucjas expuestas en las paginas siguientes, debe tomare action con prontitud. Se le avisa que si . no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulaminento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensation reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros• matrimoniales esta disponible en la officina del Prothonotary, en la Camcron County Court of Common Pleas, East 5th Street, Emporium, Pennsylvania 15834. SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIF.DAD MARITAL. HONORARIOS DEABOGADO U OTROS GASTOS ANTES DE QUE F.1, DF.CRETO FINAL DE DIVORCIO O ANULIAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE F.LLOS.USTED DEBELLEVAR ESTE PAPELA UN ABOGADO DE INMEDIATO SI NO TIENF.PUEDIF.PAGAR UN ABOGADO. VAVA O LL.AME A LOFFICINAINDICADP ABAJO PARA AVERIGUAR DONDE PUEDE OBTF.NER ASIS TENCIA LEGAL. Office of the Prothonotary East 5th Street, Emporium, Pennsylvania 15834 Trio and Cori P,^,t COPY Phone:(814) 486-3349 lrE' Sw /'? ?+_"... ?i''aron Co. Penna. Qj&?? ez=&?e2) - .. _,. THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. & 3301(a)(6)-------Indignities 23 Pa.C.S. & 3301(c)------Irretrievable Breakdown; Mutual Consent 23 Pa.C.S. & 3301(d) -------Irretrievable Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation. A list of marriage counselors is available in the Office of the Prothonotary Cameron County Courthouse, East 5th Street, Emporium, Pennsylvania 15834. Telephone:` (814)-486-3349. HAZLETT & Attor ey for Plaintiff 22 outh Market Street Mechanicsburg, Pennsylvania 17055 (717) 790-0490 TWO ?rnd Correct Copy .. irz rr? the F<, of Cameron Co. - ima. ry IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY, COMMONWEALTH OF PENNSYLVANIA WILLIAM SHIELDS, Civil Action-Divorce ,.. PLAINTIFF C e umber,,2? 02 VS. LISA SHIELDS, DEFENDANT ; ,. . 1. Plaintiff is William Shields, an adult individual, sui juris and with an address of PO Box 451 in the town of Lemoyne, in the County of Cumberland, Commonwealth 'of Pennsylvania. 2. Defendant, is Lisa Shields an adult individual, sui juris, who currently resides gat 5169 East Trindle Road # 28 Mechanicsburg, in the County of Cumberland; Commonwealth of Pennsylvania. ` 3. Plaintiff has been a resident of the Commonwealth of Pennsylvania for a period of more than 6 months. 4. The parties were married on the 10"' day of October, of 1994, in the County Cumberland, Commonwealth of Pennsylvania. 5. Neither the Plaintiff nor the Defendant is in the military or naval scrvice of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relicf Act of' the Congress of 1940 and its amendments. 6. There have been no prior actions for divorce instituted by the plaintiff or defendant in , }s Twealth. i ' mn Co. 01 ary iT FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE. 7. For the purposes of section 3301 (d) of the Divorce Code, the parties have been living separate since May 1", 1999. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling. WHERFORE, plaintiff requests that the Honorable Court grant a decree of divorce pursuant to, and in conformity with 3301 (d) of the Divorce Code. 11. The parties do not have any biological children bom within or outside of the marriage. 12. The parties have not heretofore entered into any written agreement as to support, ..- Alimony, or property division. REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (C) OF THE DIVORCE CODE. 13. The prior paragraphs are incorporated herein by reference. WHEREFORE, provided the parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing and service of this Complaint, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to section 3301(c) of the Divorce Code. HAZLETT & OESTERLING VS AT I .- G , ?i i4 .?1 ;Very ?Y. *Cu i Out Sydh Market Street M hanicsburg, Pennsylvania 17055 (717) 790-0490 I I verify that upon personal knowledge or information and belief that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of IS Pa C.S. & 4904, relating to unsworn falsification to authorities. it"1 Plaintiff Date: 5 /a oe r..e T r,; ^?nrl "orrect Cop ?J,"nnel?ron Co. IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY, COMMONWEALTH OF PENNSYLVANIA WILLIAM SHIELDS, Plaintiff, V. No. 2000-5222 Civil Action -Divorce LISA SHIELDS, Defendant NOTICE r.. If you wish to deny any of the statements set forth in this affidavit, you must file a counter affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301 (D) OF THE DIVORCE CODE 1. The parties to this action separated on I" day of May1999. and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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 I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: S/_1 5/)oq/ Z?_05?? Plaintiff Tr .?.,j ^ - i IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY, COMMONWEALTH OF PENNSYLVANIA WILLIAM SHIELDS, Plaintiff, No. 2000-5222 V. : Civil Action -Divorce LISA SHIELDS, Defendant NOTICE P , If you wish to deny any of the statements set forth in this affidavit, you must file a counter affidavit within twenty days after this affidavit has been served on you or the statements w11J be admitted. AFFIDAVIT UNDER SECTION 3301 (D) OF THE DIVORCE CODE 1. The parties to this action separated on I" day of May1999, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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 I verify that the statements made in this affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 I'a.('.S. ` 4904 rclaung to uns%c=mi falsification to authorities. Date: T, ''_)rrerf copy Co. f ? r?.,tf2onol«r1??Y??`? ?G Defendant IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY, COMMONWEALTH OF PENNSYLVANIA Civil Action-Divorce WILLIAM SHIELDS, PLAINTIFF Docket No. 2000-5222 LISA SHIELDS, DEFENDANT, I, Gregory S. Hazlett, Esquire, hereby certify that service of the foregoing DiArce I J Complaint, Notice to Defend, Availability of Counseling and related documentation , were made upon the defendant Lisa Sheilds by way of Certified Mail, and the same was received by Lisa Sheilds, defendant herein on the 26' day of August, 2000. Date: 5/30/2001 i 1 !?,arreot Copy 1; - v# is arnn_ron Co. r k ,Y IYv',ffirNR aL? ? .?y.?w{?{P'.YkA".uC. rIY«s... Mechanicsburg, PA. 17055 717-790-0490 rah„``. UNITED STATES POSTAL • Sender: Pleas: 7 111 llt-- .,Pt 9) R Goes Paul ,tn _ _ USP9 ? Punm, Nn. G-10 address, and ZIP#4 In Ihis hnx Trla,-? end Correct Copy ce,-,;;c:, r,orr; the of Cameron Co. Ct : r) °. Prothonotary ¦ Complete hem 1. Q, and 3. Also complete Item 4 if Restricted Delivery Is desired. ¦ Print your home and address on the reverse so that we oan return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. ArticleAddressed to: A../ by lRlnr Coady) 4/-, B. Date o Delivery t;/ t C. Signature - ------- X 0AC,11 I Io Andres sfw J:: D. Is dal 1Ve/y address d111fNertt burn npn . t? ? Yes 11 YES, enter delivery adflrvss ttolow . No ?"1 r i1?.5 OI?J (:t, L,J I T A. e Q ? ' V I t.Y ?)? / r L 1 .YIF. t!U - ?C J e TY(N, Gtdlhed Mall O t ,Ix,,.:. Mail ?] ? RogKlrxr!r1 ? Rrlpn, Rr,...gn In' M.... ?T2l31tr? yr?r f (? OlnsurfxlM{ul ?(:it1) 4 R#KtrlGtfxt DnhvmyI it rh.r l,vy r T Adlcle Numtwr (Gory Imm .s(" ce tehoQ - -- -- - - 100 0 6;-1 U CJCJC)CG (? PS Form 3511. July 1999 Domestic Return Rmotr)t -- T -nfl correct Copy ,,,Oir, 'the 4 "'`=rs of Cameron Co. FCli n na. d J _ t t4` ?.. t: lOtary LETT & OESTERLINC `'1'ORNEYS A'r LAW \RKI's'1' STREE'r SOUTH IANICSBURG. PA 17055 c: r w * a %get. _ -:7' . e row., ?.. e.:___•r _ .?. :1 7 Rifiiiil ii,Ji.i MS. LISA Sllll?I.I)S 5169 EAST •I•RINDlY ROAD # 28 MECHANICSBURG, PA. 17055 Tr,-!c end Correct Copy prom the F< ,: )i Cameron Co. . IN THE COURT OF COMMON PLEAS CAMERON COUNTY, COMMONWEALTH OF PENNSYLVANIA Civil Action----Divorce WILLIAM SHIELDS, PLAINTIFF Docket No. 2000-5222 LISA SHIELDS, DEFENDANT, NOTICE OF INTENTION TO RFQUEST ENTRY O? DIVORCE DECRE, TO: Defendant LISA SHIELDS: You have been sued in an action for divorce. You have failed to answer the complaint OR FILE A COUNTER AFFIDAVIT TO THE 3301 (D) AFFIDAVIT. Therefore, on: or after 24 T111 OF MAY 2001 the other party can request the Court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with ydur signSttirc notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the cour, may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, cO 7'0 OR TE,LE,PHONE. THE OFFICE SF;T FORTH BELOV1' TO FIND OUT WHERE: YOU CAN GET LEGAL IIELP. Date: 5/3/2001 Trts?n 2nd Correct Copy corn the h :" w of Cameron Co. a. 1...i 61 [ OFFICE: OF PROTHONOTARY FAST .5""' STREET F;MPOIZIUM, PA. 15834 1tlsithsmce (814).486-3349 i IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY, COMMONWEALTH OF PENNSVI.VANIA WILLIAM SHIELDS, Plaintiff, No. 2000-5222 V. CIVIL. ACTION - DIVORCE: LISA SHIELDS Defendant COUNTER-AFFIDAVIT TINDER SECTION 3301(d) OF THE DIVORCE CODE: 1. Check either (a) or (b): (a) I do not opoosc the entry of a divorce decree. (b) 1 oppose the entry of a divorce decree because (Check (i), ht I or both): (i) The parties to this action have not lived separate and apart fix a period of at I,:ast two years. _ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understant -lay hua rights concerning alimony, division of propeny, ta.,_ :r's fees or expenses if 1 do not claim them b0cire the divorce is granted. j (b) I wish to claim economic relief which may include alimony, dn•rue•- of pro, - lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of nSy economic claims with the prothonotary in writing an serve them on the other party. It 'l fail to du so before the date set forth on the Notice of Intention to Request Divorce Decree, the Divorce Decree may he entered without further delay. I verify that the statements made in this counter-affidavit are true and correct. I nndcrst. ' that false statements herein arc made subject to the penalties of IS I'a.C.S. § 4904 relating 10 nnsworn falsification to authorities. , Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF 11i?'1)It(l•: DECRIJ AND YOU DO NOT WISH TO MAKE: ANY CLAIM 1-014 RI, I IFI , N 01 Tra" rOrrE, eill.D NOT FILE THIS COUNTER-AFFIDAVIT. O/ O`rOJM the .. „ et Carrteron Co. Ica. IN THE COURT OF COMMON PLEAS CAMERON COUNTY, COMMONWEALTH OF PENNSYLVANIA Civil Action--Div( rce WILLIAM SHIELDS, PLAINTIFF Docket No. 2000-5222 LISA SHIELDS, DEFENDANT, PRAF.CIPE TO TRANSMIT THE RECORD To the Prothonotary: Please Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(d) of the Divorce Code. 2. The complaint in Divorce was filed on the 10, day of August, 2000 and served by _i Certified Mail Return Receipt, and received on the 26 h day of August 2000. (attached hereto.) 3 The plaintiff, signed his Affidavit of Consent on the 29"' day of May, 2001 which is attached hereto. 4. The Defendant was served with his Affidavit of Consent, Counter Affidavit, and Notice of Intention to request Entry of Divorce Decree, on the 3'd day of May 2001, and failed to respond on or before May 24"' 2001 on or within the 20 day period. 5. 5. There are no related claims pending as between the parties hereto and listed herein. 6. The defendant was served with a Notice of Intention to Request Entry of Divorce Decree on the 3rd day of May 2001 as required by Rule 1920.73. Date: 5/30/2001 2tfS3oMarket Street Mefhanicsburg, PA. 17055 717-790-0490 T L?- and Correct Copy Atty. I.D. 69528 rrc ; ??(tie u. Cs heron Co. 1 IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY, COMMONWEALTH OF PENNSYLVANIA Civil Action----Divorce WILLIAM SHIELDS, PLAINTIFF " I r. Docket No. 2011-522 ,- ; LISA SHIELDS, w DEFENDANT, ( y I w I ?? N I)EC RIKE AND NOW, this , day of 2001, it is ORDERED and DECREED that William Shields, plaintiff, and Lisa Shields, defendant the parties in the above captioned matter, arc divorced from the bonds of matrimony pursuant to, and in conformity with, the aforementioned Civil Action for Divorce. BY' HE CO JRT, `-Anpmfl, 1. rl' )11) True it ?rrect COPY -0 "?olllleron Co- Ee 9 91`il. c r N rJ yrn a Ln d D CL M 4 ,V7 ?U £iJ O ::,, tC7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA WILLIAM SHIELDS, Civil Action----Divorce Plaintiff/Respondent No. 2002-63 VS. LISA SHIELDS, Defendant/ Petitioner PETITION TO TERMINATE/VACATE/MODIFY ALIMONY/SUPPORT/MARITAL SETTLEMENT AGREEMENT NOW COMES, William Shields, Plaintiff/Petitioner, by and through his attorney, Gregory S. Hazlett, Esquire and avers as follows: 1. Petitioner is William Shields, who currently resides at 668 State Street Lemoyne, PA. 2. Respondent, is Lisa Shields, who currently resides at 5169 East Trindle Road, Mechanicsburg, PA. 17055. 3. On may 11th 1999 the Respondent presented to petitioner an agreement that was drafted by James Bach, Esquire within which contained a provision that petitioner would pay to respondent the amount of $550.00 dollars per month to continue indefinitely unless a reconciliation within the marriage was reached or alternatively the respondent remarried subsequent to the divorce as between the parties. 4. Petitioner did not have legal counsel prior to the execution of the agreement and accordingly was unaware of the legal significance and legal ramifications of the document he had signed. 5. Petitioner's payment of $550.00 dollars per month far exceeds the amount of support that petitioner would have been obligated to pay pursuant to the support guidelines established by the Rules of Court of the Commonwealth of Pennsylvania. 6. Petitioner was led to believe that the duration of the support payments were intended to be only temporary until the parties either reconciled or a divorce was obtained. 7. Petitioner filed a divorce complaint in the court of common pleas of Cameron County Pennsylvania. 8. Subsequent to the filing of the divorce complaint and the entry of the divorce decree, respondent retained James Martin, Esquire located at 21 South Broad St. Ridgeway, PA. 15853. 9. Respondent attorney filed a Petition to Vacate or Strike Divorce Decree alleging that respondent did not receive her affidavit and counter-affidavit under section 3301 (d) which was mailed to defendant on or about 5/3/2001 10. Subsequent to respondent's attorney filing the Petition, Petitioner's attorney Gregory S. Hazlet contacted James Martin, Esquire who informed attorney for petitioner, plaintiff that the written agreement reached as between the parties was not incorporated within the divorce decree the existence of which attorney for petitioner was unaware until receipt of the correspondence from James Martin Esquire. 11. Petitioner's attorney made a proposal to Respondent attorney that Petitioner would be willing to continue making payments for a period of an additional two years. 12. Respondent attorney contacted Gregory Hazlett attorney for Petitioner and indicated that his client Respondent Wife would accept no less than five (5) years of alimony and rejected petitioner's offer. 13. Petitioner subsequently agreed to allow the divorce decree to be stricken with the court due to the geographical distance required to be traveled and the associated costs relative to the same. 14. Subsequent to petitioner's consent to the divorce decree being stricken, petitioner's attorney Gregory Hazlett received a letter from respondent attorney (attached hereto and labeled Exhibit "B") wherein respondent now refused to negotiate any of the terms, or conditions of the agreement. 15. The divorce was transferred to Cumberland County Court of Common Pleas on November 19th 2001. WHEREFORE, Petitioner, through her counsel requests a conference be held at the Domestic Relations Section to address her petition for termination /modification of his spousal support/ alimony agreement. Respectfully submitted: BY: GREGORY S. HAZLETT 2 outh Market Street echanicsburg, PA. 17055 Telephone: (717) 790-0490 VERIFY I, the undersigned, do hereby verify that the statements made in the foregoing Instruments are true and correct to the best of my knowledge, information and belief.I understand that statements herein are made subject to the penalties of the 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Dated:-c'` Y William Shields, Petitioner I Agreement of Spousal Support/Alimony 668 Penn State lvania I, William per month to my w fe, L sa N.Y Lemo Sh elds, to helps pport heree r to pay p cull per o financially due to her full disability. I will pay this amount to her on the first of every month until we either reach a reconciliation (in which case this document will become null and void) or until she remarries, in the event that we divorce. If this marital separation results in divorce, this document will become a part of our legal divorce decree. This agreement is effective May 1, 1999 and by signing this document we are agreeing on these terms set forth herewith. Further, by signing this document, I agree to have this document transferred to Domestic Relations in Carlisle if legal action needs to be taken, or if it is so required by law. 1 illiam D. Shields (163-40-9209 - 09/22/52) husband 07? sG erg isa N.Y. Shields (168*&4775 - 11/21/55) wif NOTARY IJatarlal Seal Alan F. Spurgin, N°tary Public Lemoyne Soro• Cumbelland County My Commission Explfes Auq. 14, 20 Member. PannsylvanM Association of Notaries .. EXHIBIT "A" - - h CC) ' , J I 2j V ? [ ll LJ 2 ? u y _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, IN THE COMMONWEALTH OF PENNSYLVANIA WILLIAM SHIELDS, Plaintiff/ Petitioner VS. LISA SHIELDS, Defendant/Respondent Civil Action----Divorce No. 2002-63 ORDER AND NOW, this ZZ-, day of 4444_, 2002 in response to Petitioner's Petition to Terminate/Vacate/Modify Alimony/Support/Marital Settlement Agreement, the Petitioner and RRe(spondent shall appear at a Hearing/ Conference which is hereby scheddull??edd on??the/{^J 1 day of 2002. located at the following address: BY 7iac4e ? t11N?`i11?S:ti+N ? r d' o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, IN THE COMMONWEALTH OF PENNSYLVANIA WILLIAM SHIELDS, Plaintiff/ Petitioner VS. LISA SHIELDS, Defendant/Respondent Civil Action----Divorce No. 2002-63 ORDER AND NOW, this Z.2-- , day of M44 2002 in response to Petitioner's Petition to Terminate/Vacate/Modify Alimony/Support/Marital Settlement Agreement, the Petitioner4-1, 1and,R?e/s?pondent shall appear at a Hearing/ Conference which is hereby schedulledonthee/ ,,,, ' ?, day of 2002fC4-, ? Aq pet. 114 Z b; ' located at the following address: S?i? l 1H tu -oPaR° Og a7-0? i to A7iE 40. Z La BY THE J ILN?^`l .:e William Shields, Plaintiff/Petitioner V. Lisa Shields, Defendant/Respondent In the Court of Common Pleas Cumberland County, Pennsylvania No.: 2002-63 Civil Action - Divorce ANSWER TO PETITION TO TERMINATE/VACATE/MODIFY WITH NEW MATTER SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS•AT•LAW 26 W. High Street Carlisle, PA AND NOW comes Lisa Shields, by and through her attorney, Saidis, Shuff, Flower & Lindsay respectfully answers the following: 1. Admitted. 2. Admitted. 3. Admitted in part, denied in part; it is admitted that there was an Agreement for Spousal Support and Alimony attached as Exhibit 'A' to the original Petition, but it is denied it was drafted by James Bach, Esquire. Specifically, it was drafted by the parties themselves. 4. Denied; it is specifically denied that he did not have legal counsel, and to the contrary, the parties drafted the Agreement themselves that is attached as Exhibit 'A', and it is the Respondent's understanding that the Petitioner did seek outside legal counsel. 5. Denied; when the parties had gone to Domestic Relations, the Petitioner would have been required to pay over six hundred-twenty dollars and 00/100 ($620.00) for the amount of support, rather than the five hundred-fifty dollars and 00/100 ($550.00) the Respondent agreed to receive. 6. Denied; it is specifically denied that the Petitioner was led to believe anything, and to the contrary, the parties executed this Agreement themselves. 7. Admitted. 8. Admitted. 9. Admitted. 10. Denied; allegation paragraph ten cannot be verified by the Respondent, and strict proof is required at the time of trial. 11. Denied; allegation paragraph ten cannot be verified by the Respondent, and strict proof is required at the time of trial. 12. Denied; allegation paragraph ten (10) cannot be verified by the Respondent, and strict proof is required at the time of trial. 13. Admitted. 14. There was no Exhibit 'B' attached to the Petition. 15. Admitted. WHEREFORE, the Respondent respectfully requests your Honorable Court to deny the Petition of the Plaintiff, and to remand this matter to the Office of Domestic Relations to address the Support Issue. NEW MATTER 16. Paragraphs 1 - 15 are incorporated herein by reference. 17.The parties originally entered into a Property Settlement and Separation Agreement on February 1, 1995, which the Agreement is attached hereto and made a part hereof marked as Respondent's Exhibit 'A'. 18.Subsequent to the Agreement, the parties did modify the paragraph number eight (8) of the Agreement, and the Agreement that is Spousal Support/Alimony that is attached as Exhibit 'A' modified said paragraph to provide the sum of five hundred- fifty dollars and 00/100 ($550.00) per month permanently, or until the parties either reconcile or the Respondent remarries. 19. The parties have been separated for a period of at least two years, the Petitioner could now file a 3301(d) Divorce with the Office of the Prothonotary in and for Cumberland County and now serve it upon Respondent and/or her counsel. 20. If there is an issue regarding Modification of Alimony or Spousal Support until such time is the divorce is finalized, the appropriate venue would be the Office of Domestic Relation in and for Cumberland County. WHEREFORE, the Petitioner respectfully requests your Honorable Court to dismiss the original Petition and to remand this matter to the Office of Domestic Relations in and for Cumberland County. Respectfully submitted, Saidis, Shuff, Flower & Lindsay SAIDIS SHUFF, FLOWER & LINDSAY ATrORNM-AT•I.AW 26 W. High Street Carlisle, PA By: Jo 96 J. ecky, wire S eme urt ID #53147 26 West High Street Carlisle PA 17013 717.243.6222 Attorney for the Defend ant/Respondent VERIFICATION I verify that the statements made in this ANSWER TO PETITION TO SAIDIS SHUFF, FLOWER & LINDSAY ATrORN6YS•AT•LAW 26 W. High Street Carlisle, PA TERMINATE/VACATE/MODIFY with NEW MATTER are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: rna? zoa a- JohVq J. Ko cky, Esquire on behalf of Lis hield , Defendant/Respondent CERTIFICATE OF SERVICE On this O1"day of , 2002, I, Johnna Kopecky, hereby certify that I served a true and correct copy of the foregoing ANSWER TO PETITION TO TERMINATE/VACATE/MODIFY with NEW MATTER via United States Mail, postage prepaid, addressed as follows: Gregory Hazlett, Esquire Hazlett & Oesterling 20 South Market Street Mechanicsburg PA 17055 SAIDIS, SHUFF, FLOWER & LINDSAY By: Johnna opeck squire I.D. # 1 11 26 West High Street Carlisle PA 17013 717.243.6222 Attorney for Defendant/Respondent SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle. PA n D n 1 William Shields, : In the Court of Common Pleas Plaintiff : Cumberland County, Pennsylvania V. No.: 2002-63 Lisa Shields, Defendant Civil Action - Divorce PETITION TO WITHDRAW AS COUNSEL FOR DEFENDANT NOW comes Saidis, Shuff, Flower & Lindsay, Petitioner, and counsel for the Defendant in this case, and petitions this Honorable Court as follows: 1 • The undersigned undertook representation of the Defendant in this case on or about January, 1995. 2. On October 3, 2002, the Defendant contacted Petitioner law fi SAIDIS HUFF, FLOWER & LINDSAY AMRt- y- Z6 W. High Street Carlisle, PA terminated employment. in, and 3. On October 9, 2002, Petitioner provided to enter appearance, but Defendant has not signed that Praecipe. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon the Defendant, and also upon the Plaintiff to show cause why Petitioner should not be permitted to withdraw as counsel for Defendant. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Defendant a Praecipe to -'O'V st High Street Carlisle, PA 17013 (717) 243-6222 William Shields, : In the Court of Common Pleas Plaintiff : Cumberland County, Pennsylvania vil• No.: 2002-63 Lisa Shields, Defendant : Civil Action - Divorce CERTIFICATE OF SERVICE AND now, this M r2-1 day of YJ?? Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: 2002, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition to Withdraw as Counsel for Defendant this day by depositing same in the United States Mail. First Lisa Shields Gregory Hazlett Esquire 5169 East Trindle Road, #28 Mechanicsburg, PA 17050 20 Hazlett South Market & Stre, Str eet Mechanicsburg, PA 17055 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. By: SAIDIS SHUFF, FLOWER & LINDSAY A7Tr)RNCYS•AT•LAW 26 W. High street Carlisle, PA 2YVVe% High Street C le, PA 17013 (717) 243-6222 r:? ?_? c? ?.: ,? ?, ?:,r ? -, - ?_ .O _„s f': .J ?; ? _. ? °:2 ', fix) William Shields, : In the Court of Common Pleas Plaintiff : Cumberland County, Pennsylvania V. No.: 2002-63 Lisa Shields, Defendant Civil Action - Divorce PETITION TO WITHDRAW AS COUNSEL FOR DEFENDANT NOW comes Saidis, Shuff, Flower & Lindsay, Petitioner, and counsel for the Defendant in this case, and petitions this Honorable Court as follows: 1 • The undersigned undertook representation of the Defendant in this case on or about January, 1995. 2. On October 3, 2002, the Defendant contacted Petitioner law firm and terminated employment. 3. On October 9, 2002, Petitioner provided to Defendant a Praecipe to SAIDIS SHUFF, FLOWER & LINDSAY ATTp 26 W. High Street Carlisle, PA enter appearance, but Defendant has not signed that Praecipe. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon the Defendant, and also upon the Plaintiff to show cause why Petitioner should not be permitted to withdraw as counsel for Defendant. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. By: Carlisle, PA 17013 (717) 243-6222 William Shields, : In the Court of Common Pleas Plaintiff : Cumberland County, Pennsylvania vii. No.: 2002-63 Lisa Shields, Defendant Civil Action - Divorce CERTIFICATE OF SERVICE AND now, this a-"-r 2- -day of Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: 2002, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition to Withdraw as Counsel for Defendant this day by depositing same in the United States Mail, First Lisa Shields Gregory Hazlett, Esquire 5169 East Trindle Road, #28 Hazlett & Oesterling Mechanicsburg, PA 17050 20 South Market Street Mechanicsburg, PA 17055 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. r- By: Esq SAIDIS SHUFF, FLOWER & LINDSAY AITORN 26 W. High Street Carlisle, PA 2 y We High Street C le, PA 17013 (717) 243-6222 r_? ?., < - rte; '"? ?? ?' `-`` ? - -- - ' __., - ? , .., --_ ?: ?? ? ? ? ? William Shields, : In the Court of Common Pleas Plaintiff : Cumberland County, Pennsylvania A. No.: 2002-63 Lisa Shields, Defendant Civil Action - Divorce ORDER OF COURT AND now this _-. -day of -0!44-' 2002, upon consideration of the within Petition, a Rule is issued upon the Plaintiff and the Defendant in the captioned case to show cause, if any, why Saidis, Shuff, Flower & Lindsay should not be permitted to w' raw as counsel for Lisa Shields. RULE returnable days from the date of service hereof. SAIDIS SHUFF, FLOWER & LINDSAY ATM 26 W. High street Carlisle, PA c c? c ? ?? ' Jr J ? ? . ? /r- '+' ?? William Shields, : In the Court of Common Pleas Plaintiff : Cumberland County, Pennsylvania V. No.: 2002-63 Lisa Shields, Defendant Civil Action - Divorce PETITION FOR RULE ABSOLUTE AND NOW comes Saidis, Shuff, Flower & Lindsay, Petitioner, and counsel for the Defendant in this case, and petitions this Honorable Court as follows: 1. On or about October 29, 2002, the undersigned filed a Petition for a Rule to Show Cause seeking to withdraw as counsel for the Defendant Lisa Shields. 2. On November 6, 2002, this Honorable Court issued such a Rule returnable five (5) days from the date! of service. 3. Service of the Order was made on November 13, 2002. A copy of the transmittal is attached hereto as Exhibit 'A'. 4. Neither Respondent has answered the Rule. WHEREFORE, Carol J. Lindsay, Esquire and the Law Firm Saidis, Shuff, SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-I.AW 26 W. High Street Carlisle, PA Flower & Lindsay request a Rule Absolute permitting them to withdraw as attorneys for Lisa Shields. By: SAIDIS, SNUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS, SHUFF,AFLOWER & LINDSAY A PROFESSIONAL CORPORATIONl DAMES D. FLOWER 26 WEST HIGH STREET ,, n JOHN E.. FLO CARLISLE, PENNSYLVANIA 17013 n py ROBERT SLIKE SAIDIS TELEPHONE: (n7) 243-6222 - FACSIMILE: (717) 243-6510 GEOFFREY S. IDIS EMAIL.,: clindsay@ssfl-law.com JAMES EOF D. FLOWER, JR. www.sstl-law.com CAROL J. LINDSAY WEST SHORE OFFICE:. KARL M. LEDE80HM 2109 MARK' STREET THOMAS E. FLOWER CAMP HILL, PA 17011 TELEPHONE: (717)737-3403 FACSIMILE: (717)737-3407 REPLY TO CARLISLE November 13, 2002 Lisa Shields 5169 E. Trindle Road #28 Mechanicsburg, PA 17050 Gregory Hazlett, Esquire Hazlett & Oesteriing 20 South Market Street Mechanicsburg PA 17055 Dear Ms. Shields and Mr. Hazlett: I enclose a copy of the Court's Order of November 6, 2002 providing you five days in which to object formally to our Petition to Withdraw as counsel. Thank you for your help. Very truly yours, SAIDIS, SNUFF, FLOWER & LINDSAY Carol J. Linrf?a CJL/tib Enclosure William Shields, : In the Court of Common Pleas Plaintiff : Cumberland County, Pennsylvania V. No.: 2002-63 Lisa Shields, Defendant Civil Action - Divorce -111, 'A AND now, this day of SAIDIS SHUFF, FLOWER & LINDSAY ATTORNM-AT-LAW 26 W. High Street Carlisle, PA 2002, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition for Rule Absolute this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Lisa Shields 5169 East Trindle Road, #28 Mechanicsburg, PA 17050 By: Gregory Hazlett, Esquire Hazlett & Oesterling 20 South Market Street Mechanicsburg, PA 17055 SAIDIS, SkIUFF, FLOWER & LINDSAY Caol J. Lindsay, Esqu ID 93 26 West High Street Carlisle, PA 17013 (717) 243-6222 n -77 - ?w f `r7 `t7 t ` William Shields, Plaintiff V. Lisa Shields, Defendant In the Court of Common Pleas Cumberland County, Pennsylvania No.: 2002-63 Civil Action - Divorce ORDER OF COURT AND NOW this Z? day of December 2002, upon consideration of the within Petition, the Rule issued on November 6, 2002, is made absolute and Saidis, Shuff, Flower & Lindsay and Carol J. Lindsay, Esquire may withdraw as attorneys for Lisa Shields. SAIDIS SHUFF, FLOWER A r.TNncav 26 W. High Street Carlisle, PA R?s b;NVjVt?sNN3a???? William Shields, Plaintiff V. Lisa Shields, Defendant In the Court of Common Pleas Cumberland County, Pennsylvania No.: 2002-63 Civil Action - Divorce PETITION FOR RULE ABSOLUTE AND NOW comes Saidis, Shuff, Flower & Lindsay, Petitioner, and counsel for the Defendant in this case, and petitions this Honorable Court as follows: 1. On or about October 29, 2002, the undersigned filed a Petition for a Rule to Show Cause seeking to withdraw as counsel for the Defendant Lisa Shields. 2. On November 6, 2002, this Honorable Court issued such a Rule returnable five (5) days from the date of service. 3. Service of the Order was made on November 13, 2002. A copy of the transmittal is attached hereto as Exhibit 'A'. 4. Neither Respondent has answered the Rule. WHEREFORE, Carol J. Lindsay, Esquire and the Law Firm Saidis, Shuff, SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Flower & Lindsay request a Rule Absolute permitting them to withdraw as attorneys for Lisa Shields. SAIDIS, SHUFF, FLOWER & LINDSAY By: 26 West High Street Carlisle, PA 17013 (717) 243-6222 LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET ; !A r% DAMES D. FLOWER CARLISLE, PENNSYLVANIA 17013 Py ' JOHN E. SLIKE TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6510 ROBERT C. SAIDIS EMAIL: clindsay@ssfl-law.com GEOFFREY S. SHUFF www.ssfl-law.com WEST SHORE OFFICE: JAMES D. FLOWER, JR. . 2109 MARKET STREET CAROL J. LINDSAY CAMP HILL, PA 17011 KARL M. LEDEBOHM TELEPHONE: (717)737-3405 THOMAS E. FLOWER FACSIMILE: (717)737-3407 REPLY TO CARLISLE November 13, 2002 Lisa Shields 5169 E. Trindle Road #28 Mechanicsburg, PA 17050 Gregory Hazlett, Esquire Hazlett & Oesterling 20 South Market Street Mechanicsburg PA 17055 Dear Ms. Shields and Mr. Hazlett: I enclose a copy of the Court's Order of November 6, 2002 providing you five days in which to object formally to our Petition to Withdraw as counsel. Thank you for your help. Very truly yours, SAIDIS, SFj.UFF, FLOWER & LINDSAY cc -? (Aal ? " - Carol J. Ljnd'sa CJUtjb Enclosure William Shields, : In the Court of Common Pleas Plaintiff : Cumberland County, Pennsylvania V. No.: 2002-63 Lisa Shields, Defendant Civil Action - Divorce 11? 'A "'?S7 &V AND now, this day of LI/ 2002, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition for Rule Absolute this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Lisa Shields Gregory Hazlett, Esquire 5169 East Trindle Road, #28 Hazlett & Oesterling Mechanicsburg, PA 17050 20 South Market Street Mechanicsburg, PA 17055 SAIDIS, SkiUFF, FLOWER & LINDSAY SAIDIS SHUFF, FLOWER & LINDSAY ATIY) MYS-AT-LAW 26 W. High Street Carlisle, PA By: Cap6l J. Lindsay, Esqu ID 93 26 West High Street Carlisle, PA 17013 (717) 243-6222 n ??- ?v ? `? .-? ', ` i r- 7 - -, ?;3 r.? _ _ ` :? '- -rJ I , ICY} t,. - ,.,?.' y '': IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM SHIELDS, Plaintiff No. 2002 - 0063 V. CIVIL ACTION - LAW LISA SHIELDS, Defendant (In Divorce) PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: AND NOW, this day of 0 V I WW-, 2003, please withdraw the appearance of the Law Firm of Saidis, Shuff, Flower & Lindsay as the attorney of record for Defendant, Lisa Shields. A true and correct copy of the Order Allowing Withdrawal of Counsel is attached hereto, incorporated herein by reference and marked as Exhibit "A". SAIDIS, SNUFF, FLOWER & LINDSAY By: Attorney 10. N91 44693 26 West tteet Carlisle, Pennsylvania 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY ATIURNEYS•AT•LAW 26 W. High Street Carlisle, PA Exhibit "A" D1Zr` William Shields, : In the Court of Common Pleas Plaintiff : Cumberland County, Pennsylvania V. : No.: 2002-63 Lisa Shields, Defendant Civil Action -Divorce ORDER OF COURT AND NOW this Z( day of December 2002, upon consideration of the within Petition, the Rule issued on November 6, 2002, is made absolute and Saidis, Shuff, Flower & Lindsay and Carol J. Lindsay, Esquire may withdraw as attorneys for Lisa Shields. SAIDIS UFF, FLOWER t LINDSAY TORMEn-ATN.AW i W. High Street Carlisle, PA ! ?Rs R•2?o•o a SAIDIS SHUFF, FLOWER & LINDSAY ATr0FMYS•AT-LAW 26 W. High Street Carlisle, PA CERTIFICATE OF SERVICE I, Lindsay Gingrich Maclay, Esquire, certify that on ? day of w , 2003, I served a true and correct copy of the within PRAECIPE TO WITHDRAw APPEARANCE on the below-named parties, by depositing same in the United States mail, first class, postage prepaid, addressed as follows: Gregory Hazlett, Esquire HAZLETT & OSTERLING 20 South Market Street Mechanicsburg, Pennsylvania 17055 Ms. Lisa Shields 5169 East Trindle Road #28 Mechanicsburg, Pennsylvania 17050 By: SAIDIS, SHUFF, FLOWER & LINDSAY "ALLY IJV.y 1.L. 11V. 01 JJ`! 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 S fV a 2:-n C N tJt SEPARATION AND PROPERTY SETTLEMENT AGREEMENT OF WILLIAM SHIELDS AND LISA SHIELDS THIS AGREEMENT, made this-eday of Ck c e?G? 2003 by and between WILLIAM SHIELDS, hereinafter referred to as "Husband", and LISA SHIELDS hereinafter referred to as "Wife". WITNESSETH: t s a (? t (03 zt, WHEREAS Husband and Wife were lawfully married on October 41 1994; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous, therefore, of entering into an agreement which will provide for support, distribute their marital property, and will provide for their mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised, have come to the following agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other'at such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other as fully as if he or she was single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried 3. WIFE'S DEBTS: Wife represents and warrants to Husband that, she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims and demands made against him by reasons of debts or obligations incurred by her subsequent 4. HUSBAND'S DEBTS: to the entry of the divorce decree. Husband represents and warrants to Wife that, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims and demands made against her by reasons of debts or obligations incurred by him. 5. OUTSTANDING JOINT DEBTS: It is represented as between the parties that there are no joint debts as between the parties that were incurred prior to the effective date of this agreement and it is hereby understood, and agreed upon, that each party that will not hereinafter incur any debts for which the parties may be jointly liable. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980, as amended. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to Section 202 of the Divorce Code. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 401 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the age, health , station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties' including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. 2 2 A. DISTRIBUTION OF PERSONAL PROPERTY The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession. Except as otherwise provided by the terms of this Agreement, the parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of joint ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after the marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 8. REAL PROPERTY: There is no real property acquired prior to, or during the marriage or otherwise. 9. VEHICLES There does not exist any vehicles that constitute marital property joint property or otherwise and to this extent there is no outstanding claims by either party against the other relative to the same. 10. SUPPORT: Husband hereby covenants to pay to wife the sum of $500.00 (dollars) per month until May 1st, 2004 at which point the payments shall end. Wife in consideration of these payments 3 3 hereby waives and relinquishes finally, completely and forever any and all other claims against husband for Spousal Support, Alimony, Alimony Pendente Lite, Costs & Expenses and any and/or all other forms of support of any and every kind and/or description. These payments shall cease prior to the May I" 2004 upon the death, or upon the remarriage of the Wife. 11. PENSION PLAN: Each party waives and forever releases the other of and from any and all claims which either may have against the other's pension, 401K plan, retirement plan or any other retirement plan, benefit or employee benefit or benefits or any other interest, whether or not same may have accumulated or appreciated during the parties' marriage. Additionally, the parties waive their interest in any and every interest bearing accounts whatsoever and wheresoever located and which may have accumulated prior to, during, and subsequent to the marriage which is otherwise not specifically mentioned herein. Currently there does not exist any interest in any pensions, 401 k, or retirement plans or any other interest bearing account acquired prior to, or during the marriage that is subject to distribution. 12. COUNSEL FEES AND EXPENSES: Husband and wife shall not seek any compensation from the other spouse for Counsel Fees and Expenses. Husband and Wife Acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provisions for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 13. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, intestate share, right to take against the will of the other, and right to act as administrator or executor of the others estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 14. SUBSEOUENT DIVORCE: Should a Divorce Complaint be initiated by either party against the other regardless of the section of the Divorce Code it is specifically understood and agreed to by the parties herein that the parties shall be bound by all the terms, conditions, and restrictions of this Agreement which shall be incorporated by reference into the Divorce Decree, shall not be merged into the Divorce Decree, and shall not be modified, but shall in all respects survive the same and be further binding and conclusive upon the parties. 4 4 It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted and prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent shall affect or modify the financial terms of this Agreement. This Agreement may be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 15. BREACH AND ENFORCEMENT: A. It is expressly understood and agreed by and between the parties hereto that this Agreement may he specifically enforced by either Husband or Wife in Equity, or in Law and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other parry will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of Equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in consequence of any default or breach by the other of any of the terms or provisions of this agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever; provided that the party seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect or enforce his or her rights under this Agreement. 16. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 17. VOLUNTARY EXECUTION: 5 The provisions of this Agreement and their legal effect have been completely reviewed by the parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them. 18. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the division and distribution of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 401(d) of the Divorce Code or any other laws. Husband and Wife voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing any provision of this Agreement. 19. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other party of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 20. MODIFICATION AND WAIVER: A modification and waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 21. PRIOR AGREEMENTS: It is understood and agreed that any and all prior written or verbal agreement(s), which may or 6 6 have been executed prior to the date of this Agreement are null and void and of no effect. This agreement shall replace and supersede any and all prior agreements executed between the parties whether written or oral in nature which have been entered into prior to the execution of this agreement by the parties. 22. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 23 INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 24. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 25 VOID CLAUSES: If any terms, conditions, 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. 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. Dated: /:4/j/0 !_RRC3l1RV 9. AA71?FTY Atto ey for Plaintiff 20 S uth Market Street Mechanicsburg, PA. 17055 Phone: 717-790-5500 7 7 IN WITNESS WHEREOF, the parties hereto have set their hand and seals the day and year first above written. William Shields, Plaintiff Lisa Shields IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA WILLIAM SHIELDS, Plaintiff, No. 2002-0063 V. LISA SHIELDS, Defendant Civil Action - Divorce AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 14, 2000, and served upon defendant on by way of an Acceptance of Service on 26`h day of August 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have Elapsed from the date of service of the divorce Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyers Fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. S 4904 relating to unsworn falsification to authorities. Date: ?anv ?bt '200 ? t. ("- Lisa Shields, Defendant r-, ?; _- _; -, _ ..,; s- ??= IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA WILLIAM SHIELDS, Plaintiff, V. LISA SHIELDS, Defendant No. 2002-0063 Civil Action - Divorce WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DVORCE DECREE UNDER § 3301fCl OF THE DIVORCE CODE 1. 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 that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: AV /0? 7-00y ??SC guo Lisa Shields, Defendai IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA WILLIAM SHIELDS, Plaintiff, No. 2002-0063 V. Civil Action - Divorce LISA SHIELDS, Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 14, 2000, and served upon defendant on by way of an Acceptance of Service on 26`h day of August 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have Elapsed from the date of service of the divorce Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyers Fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. S 4904 relating to unsworn falsification to authorities. Date: 40 !, " -` William Shields, Plaintiff r? - i , L.._ ?` ,.,? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA WILLIAM SHIELDS, Plaintiff, V. LISA SHIELDS, Defendant No. 2002-0063 Civil Action - Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DVORCE DECREE UNDER § 3301[C1 OF THE DIVORCE CODE 1. 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 that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: //L- ?6 William hield S s, ;L2 C, - ?.?:: _.. C` '-. - ?.i 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA WILLIAM SHIELDS, Civil Action---Divorce PLAINTIFF, Docket No: 2002-0063 VS. LISA SHIELDS, DEFENDANT, PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Please Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(C) of the Divorce Code. 2. The complaint in Divorce was filed on the 14d' day of August, 2000 and served by Acceptance of Service dated August 26, 2000 (included in transferred file). 3. The plaintiff, signed his Affidavit of Consent and Waiver of Notice of Entry of a Divorce Decree on the 14`h day of January 2004, which is attached hereto. 4. The plaintiff served his affidavit of consent, and Waiver of Notice of Intent to request Divorce Decree on defendant on the 2nd day of January 2004 and the same were signed the 10°i day of January 2004. 5. There are no related claims pending as between the parties hereto and listed herein to the extent that all marital issues have been settled by way of a marital settlement agreement dated December 17, 2003. 6. The defendant signed a Waiver of Notice of Intention to Request Entry of Divorce Decree on the 10th day of January 2004 pursuant to Rule 1920.72 a copy of which is attached hereto. Date: GREGORY HAZ/LETT,?SQ. 20 PA. 17055 717-790-5500 Atty. I.D. 69528 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY irl STATE OF PENNA. WILLIAM SHIELDS, PLAINTIFF VERSUS LISA SHIELDS, DEFENDANT No.- 2002-0063 DECREE IN DIVORCE AND NOW, ? I y 2'O 2004 , IT IS ORDERED AND WILLIAM SHIELDS DECREED THAT AND LISA SHIELDS ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marital Settlement Agreement executed on the 171h day of December 2003 shall be Incorporated into the Divorce Decree and shall not merge. BY TH COURT: ATT T:(J. 1- 'tQ PROTHONOTARY f' - '? v?/?' .,.. ? , , . - .. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, t PENNSYLVANIA Plaintiff Vs File No. 62,- 4 3 IN DIVORCE Ltsa, Defendant NOTICE TO RESUME PRIOR SURNAME _.- _ ; Notice is hereby given that the Plaintiff / defendant in the above matter, - [select one by marking "x"] , j _v prior to the entry of a Final Decree in Divorce, or -,V,_ after the entry of a Final Decree in Divorce dated 6 - 22 Z 0,9 y hereby elects to resume the prior surname of ?2 aQ e r , and gives this written notice avowing his ! her intention pursuant to the provisions of 54 P.S. 704. Date: s'~' Signat&c a w-A. ignature of name being resum COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF tv,,? tx#vL ) On the Alk day of #1 d4e, , 20Q10, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Notary Public * 11. oo P p DEPT CgsN KT ? a 3Bg9a a0MbI0NWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen A. Thmac, Notary Public ver Springs ToMnsbi? CumkdW Comely l commission ices December 19, 2013 Isimi