HomeMy WebLinkAbout05-2904DOUGLAS L. SHELLEHAMER,
Plaintiff
VS.
NICOLE L. SHELLEHAMER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09 " aQby
CIVIL ACTION - LAW
ACTION IN DIVORCE
elUtC`7?. 1.
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the Court. A judgment may also be entered
against you for any other claim or relief requested in these papers
by the Plaintiff. You may lose money or property or other rights
important to you, 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, Cumberland County Courthouse, 1
Courthouse Square, 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 LOST THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY SQUARE
CARLISLE, PA 17013-3387
(717) 249-3166
DOUGLAS L. SHELLEHAMER
Plaintiff
VS.
NICOLE L. SHELLEHAMER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. OS' .ZQCY Llca?L?
CIVIL ACTION - LAW
ACTION IN DIVORCE
COMPLAINT UNDER SECTION 3301(c) or 3301(d)
OF THE DIVORCE CODE
AND NOW, comes the Plaintiff DOUGLAS L. SHELLEHAMER, by his
attorney, Herschel Lock, and seeks to obtain a Decree in Divorce
from the bonds of matrimony with the above-named Defendant, and
avers the following:
1. Plaintiff Douglas L. Shellehamer is an adult individual
residing at 328 S. 5th Street, Lemoyne, Cumberland County,
Pennsylvania 17043.
2. Defendant Nicole L. Shellehamer is an adult individual
residing at 47764 Cale Zafiro, Indio, California, 92201.
3. Plaintiff has been a bona fide resident of the Commonwealth
for at least six (6) months immediately previous to the filing of
this Complaint while Defendant resided in the Commonwealth for at
least six (6) months immediately previous to her March 23, 2005 move
to California.
4. The Plaintiff and Defendant were married on July 6, 1996 in
Shiremanstown, Pennsylvania.
5. There have been no prior actions of divorce or annulment
between the parties.
6. Defendant is not a member of the Armed Services of the United
States or any of its Allies.
7. Plaintiff has been advised of the availability of counseling,
and understands that she has the right to request the Court to
require the parties to participate in counseling.
8. The marriage is irretrievably broken.
9. The parties have lived separate and apart and at the
appropriate time Plaintiff will submit an affidavit alleging the
parties have lived separate and apart for a least the time period
specified in Section 3301(d) of the Divorce Code.
WHEREFORE, Plaintiff respectfully requests the Court to enter a
Decree in Divorce.
6-2-05 / )?
DATED:
HERSCHEL LOCK, ESQUIRE
ATTORNEY FOR PLAINTIFF
3107 North Front Street
Harrisburg, PA 17110
(717) 238-6661
VERIFICATION
I verify that the statements made in the foregoing Complaint
are true and correct. I understand that false statements made
herein are subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
DATED: 6-2-05
D G L. SHELLEHAMER
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DOUGLAS L. SHELLEHAMER,
Plaintiff,
VS.
NICOLE L. SHELLEHAMER,
Defendant,
To The Prothonotary:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 05-2904 CIVIL TERM
CIVIL ACTION - AT LAW
IN DIVORCE
ENTRY OF APPEARANCE
Kindly enter the appearance of the undersigned, Joseph D. Caraciolo, Esquire, on behalf of
the Defendant, Nicole L. Shellehamer in the above captioned divorce action.
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Respectfully submitted,
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Date:
Josep D. Caraciolo, Esquire
Fore an & Foreman, P.C.
Veteran's Building
112 Market Street, 6`h Floor
Harrisburg, Pennsylvania 17101-2015
ID# 90919 Tel. (717) 236-9391
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DOUGLAS L. SHELLEHAMER,
Plaintiff,
VS.
NICOLE L. SHELLEHAMER,
Defendant,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 05-2904 CIVIL TERM
CIVIL ACTION - AT LAW
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 by
the court. A judgment may also be entered against you for any other claim or relief requested in
these papers by the Defendant. You may lose money or property or other rights important you,
including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Courthouse, 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 BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
DOUGLAS L. SHELLEHAMER, IN THE COURT OF COMMON PLEAS OF
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
VS. : No. 05-2904 CIVIL TERM
NICOLE L. SHELLEHAMER, : CIVIL ACTION - AT LAW
Defendant, : IN DIVORCE
ANSWER AND COUNTERCLAIM
ANSWER TO COMPLAINT IN DIVORCE
Paragraphs one (1) through nine (9). Pursuant to Pennsylvania Rule of Civil Procedure
1920.14, an answer to the allegations of an action for divorce is not required, and such allegations
are deemed denied.
COUNTERCLAIM
COUNT I - EQUITABLE DISTRIBUTION
10. The prior paragraphs, one (1) through nine (9) of this Answer and Counterclaim are
incorporated herein by reference thereto.
11. Plaintiff requests the Court to equitably divide, distribute or assign the marital
property between the parties without regard to marital misconduct in such proportion as the Court
deems just after consideration of all relevant factors.
WHEREFORE, the Plaintiff respectfully requests the Court to enter an order of equitable
distribution of marital property pursuant to § 3502(a) of the Divorce Code.
COUNT It - REQUEST FOR ALIMONY PENDENTE LITE
AND ALIMONY UNDER SECTIONS 3701(A) AND 3702 OF THE DIVORCE CODE
12. The prior paragraphs, one (1) through eleven (11) of this Answer and Counterclaim
are incorporated herein by reference thereto.
13. Defendant is unable to sustain herself during the course of litigation.
14. Defendant lacks sufficient property to provide for her reasonable needs and is
unable to sustain herself through appropriate employment.
15. Defendant requests the Court to enter an award of alimony pendente lite until final
hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701(a) and
3702 of the Divorce Code.
WHEREFORE, Defendant respectfully requests the Court to enter an award of alimony
pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to
Sections 3701(a) and 3702 of the Divorce Code.
;d, I
Date: ` J
J e D. Caraciolo, Esquire
or'man & Foreman, P.C.
Veteran's Building
112 Market Street, 6`h Floor
Harrisburg, Pennsylvania 17101-2015
ID# 90919 Tel. (717) 236-9391
DOUGLAS L. SHELLEHAMER, IN THE COURT OF COMMON PLEAS OF
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
vs. : No. 05-2904 CIVIL TERM
NICOLE L. SHELLEHAMER, CIVIL ACTION-AT LAW
Defendant, IN DIVORCE
VERIFICATION
I verify that the statements made in the foregoing locument are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904,
relating to unworn falsification to authorities.
Date: Signature:('_ &'O DL' 0 ?)a_ aaQ k
Nicole L. Shellehamer
DOUGLAS L. SHELLEHAMER,
Plaintiff,
VS.
NICOLE L. SHELLEHAMER,
Defendant,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 05-2904 CIVIL TERM
CIVIL ACTION - AT LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I hereby certify I am this day serving a copy of the foregoing Answer and Counterclaim
upon the person and in the manner indicated below, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure, by mailing a copy of the same, United States First Class
mail, prepaid, and addressed as follows:
Douglas Shellehamer
C/O Herschel Lock, Esquire
3107 North Front Street
Harrisburg, PA 17110-1310
submitted,
Date: r
J ephp. Caraciolo, Esquire
ore an & Foreman, P.C.
Veteran's Building
112 Market Street, 6"' Floor
Harrisburg, Pennsylvania 17101-2015
ID# 90919 Tel. (717) 236-9391
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DOUGLAS L. SHELLEHAMER,
Plaintiff,
VS.
NICOLE L. SHELLEHAMER,
Defendant,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 05-2904 CIVIL TERM
CIVIL ACTION - AT LAW
IN DIVORCE
DEFENDANT'S MOTION FOR AN ORDER TO COMPEL PLAINTIFF, DOUGLAS L.
SHELLEHAMER TO ANSWER INTERROGATORIES
AND NOW, comes the Defendant, Nicole L. Shellehamer, by and through her attorneys,
Foreman & Foreman, P.C., and Joseph D. Caraciolo, Esquire, and moves this Court to enter an
Order pursuant to Pa. R.C.P. 1930.5(b) and 4019(a)(1)(i) for failure of Plaintiff, Douglas L.
Shellehamer, to answer Interrogatories and in support thereof, avers as follows:
1. The Petitioner is Defendant, Nicole L. Shellehamer.
2. The Respondent is Plaintiff, Douglas L. Shellehamer.
3. On June 6, 2005, Plaintiff filed a Complaint under section 3301(c) or 3301(d) of
the Divorce Code.
4. On November 28, 2005, Defendant filed an Answer and Counterclaim including a
count for Equitable Distribution.
5. Interrogatories were sent to Plaintiff on February 16, 2006 in order to determine
the marital assets and debts for the count for equitable distribution. A true and correct copy of
the Interrogatories is attached hereto as Exhibit "A" and incorporated herein by reference.
6. Defendant's verified answers to the Interrogatories were due on or before March
20, 2006.
7. Defendant has not received any verified answers to the Interrogatories.
8. Defendant is entitled to answers to her Interrogatories because the information is
relevant to the count for equitable distribution in dividing the marital assets and marital debts.
9. Defendant has made a good faith effort to resole this discovery dispute by
contacting Plaintiff s counsel and sending a letter dated March 18, 2006. A true and correct copy
of the letter dated March 18, 2006 is attached hereto as Exhibit "B' and incorporated herein by
reference.
10. Plaintiffs verified answers have still not been received.
11. Defendant has incurred approximately $200.00 in attorney's fees in the pursuit of
Plaintiffs verified answers including the preparation and filing of this motion.
WHEREFORE, the Defendant, Nicole L. Shellehamer, respectfully requests that this
Honorable Court order Plaintiff, Douglas L. Shellehamer to provide verified answers to the
Interrogatories and to reimburse the Plaintiff for her attorneys' fees incurred in the preparation
and filing of this motion.
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Jcf?(1-,a.n&CFo D. aral o, Esluire
lorreman, P.C.
eteran's Building
h 12 Market Street, 6th Floor
Harrisburg, Pennsylvania 17101-2015
ID# 90919 Tel. (717) 236-9391
DOUGLAS L. SHELLEHAMER,
Plaintiff,
vs.
NICOLE L. SHELLEHAMER,
Defendant,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 05-2904 CIVIL TERM
CIVIL ACTION - AT LAW
IN DIVORCE
I, Joseph D. Caraciolo, Esquire, hereby certify that on the below-noted date, served a true
and correct copy of Plaintiff's Response to Rule to Show Cause upon the following named
Defendant by depositing same, postage prepaid, in the United States Mail, addressed as follows:
Herschel Lock
3107 N. Front Street
Harrisburg, PA 17110-1310
ly submitted,
Date: 0 -1 // f /U 4,7
Joopb D. CaraciWb, Esquire
F.&eman & Foreman, P.C.
Veteran's Building
112 Market Street, 6'h Floor
Harrisburg, Pennsylvania 17101-2015
ID# 90919 Tel. (717) 236-9391
11
DOUGLAS L. SHELLEHAMER,
Plaintiff,
vs.
NICOLE L. SHELLEHAMER,
Defendant,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 05-2904 CIVIL TERM
CIVIL ACTION - AT LAW
IN DIVORCE
DEFENDANT'S FIRST SET OF
INTERROGATORIES TO PLAINTIFF
TO: Douglas HShellehamer
C/O Hershel Lock, Esquire
ershel Lock, E RECOPY
3107 North Front Street °
Harrisburg, PA 17110-1310
PLEASE TAKE NOTICE that you are hereby required pursuant to Pennsylvania Rules of
Civil Procedure No. 1930.5 and No. 4001, et seq., to serve upon the undersigned, within thirty (30)
days after service of this Notice, your Answers in writing under oath to the following
Interrogatories.
i
Date:'-y-
i
BY:
Joseph D. CaracioTo, Esquire
?l2 Market Street, 6's Floor
Harrisburg, Pennsylvania 17101
ID# 90919 Tel. (717) 236-9391
Attorney for Defendant
DEFINITIONS AND INSTRUCTIONS
Answer every Interrogatory. No question is to be left blank. If the answer to an
Interrogatory is "none" or "unknown", that must be written in the answer
Whenever a date, amount or other computation or figure is requested, the exact date,
amount, computation or figure is to be given unless it is unknown. If so, give the best estimate or
approximation thereof and note that such answer is an estimate or approximation.
A. Whenever the term "document" is used herein, it includes (whether or not
specifically called for) all printed, typewritten, handwritten, graphic or recorded matter, however
produced or reproduced and however formal or informal. In lieu of identifying documents, you
may supply the documents or true and correct copies thereof.
B. "Identify," when used in reference to a person, means to state in the answer in each
instance her/his full name, present or last known residence address and telephone number of his/her
present employer and position, if known.
C. "Identify" when used in reference to a writing or document, means to state in the
answer in each instance whether or not such document is known to be in existence at the time of
making the answer, and (i) the date of the document; (ii) the type of document, e.g., letter,
memorandum; (iii) the present or last known location (s) and custodian(s) of the document and all
of its copies; (vi) the name, address, employer and position of each person who signed and/or
prepared the document; (v) the document was sent; and (vi) a brief statement of the subject matter
of each document. If any such document is no longer in disposition was made of it, the date, and
the identity of the person or persons responsible for such disposition and policy, rule, order or other
authority by which such disposition was made.
D. Whenever you are asked to "identify" an oral communication, the following
information should be given as to each oral communication of which you are aware, whether or not
you or others were present or participated therein:
(i) The means of communication (e.g., telephone, personal conversation, etc.);
(ii) Where it took place;
(iii) Its date;
(iv) The names, addresses, employers and positions (a) of all persons who participated in
the communication; and (b) of all other persons who were present during or who
overheard that communication;
(v) The substance of who said what and to whom and the order in which it was said;
and:
(vi) Whether that communication or any part thereof is recorded, described or referred to
in any document (however informal) and, if so, an identification of such document
in the manner indicated above.
(vii) If you contend that you are not yet separated from your spouse, then answer any
questions asking for information as of the date of separation as if the question asks
for information as of the date of response to the Interrogatories.
E. The term "you" shall be deemed to mean and refer to the parry whom these
Interrogatories have been propounded for answer and shall also be deemed to refer to anyone acting
on your behalf.
F. The words "incident" "accident" and "occurrence" shall be deemed to mean and
refer to the incident, as set forth in Plaintiff s Complaint, which forms the basis for this lawsuit,
G. These Interrogatories are deemed continuing and whenever additional information
responsive to them is obtained by you, it shall be supplied to the Plaintiffs as though expressly
requested by separate Interrogatories, as required by Rule 4007.4 of the Pennsylvania Rules of Civil
Procedure.
I . State your name, age, date of birth, residence address, telephone number, social security
number, and any other names by which you have been known, identifying the times and places
during which you were known by other names.
ANSWER:
Are you employed? If so, for each employment that you hold, state:
a. Name and address of employer
b. Date of Commencement of employment;
C. Name, title and address of your immediate supervisor;
d. Your job title and description of duties;
e. Your hours and rate of pay on earnings, specifying gross average weekly salary,
wages, commissions, overtime pay and bonuses, etc.;
f. Expense and drawing accounts and allowances for transportation and other
accommodations and expenses;
ANSWER:
3. For each employment that you hold or held, state whether you participate, or have a right to
participate, or have in the past participated in any the following employment related benefits:
a. Defined Benefit retirement plan;
b. Defined contribution plan;
c. Money purchase pension plan;
d. Any other type of employee pension plan;
e. Savings or thrift plan;
f Cash or deferred plan (401) (k);
g. Profit sharing plan:
It. Employee stock ownership (including tax credit or payroll tax credit);
i. Stock bonus plan:
j. Tax deferred, 403 (b) annuities;
k. Non-qualified, deferred compensation plans, including excess benefit plans, whether or
not refunded;
1. Executive stock option plans, including incentive stock option plans;
in. Welfare or insurance plans including group term life insurance and medical insurance;
n. Voluntary employee's beneficiary association (VEBA);
o. Any other employment related benefit not disclosed in your Answers to these
Interrogatories;
And for each benefit identified above in which you participate, state the benefit or amount you
receive; identify the administrator of such benefit by name, address, title; and the current value of
the benefit.
ANSWER:
5. As of the date of your marriage with the Defendant, please provide a complete listing of all
property under your control, have in your possession or have taken as separate property, a monetary
value for the property, and the manner in which you calculated the value and its current location and
custodian.
ANSWER:
4. List and identify all sources of income you have, including employment, rents, dividends,
interest, annuities, trusts, insurance settlements and/or payouts, etc., stating the amount received
from each by you for the last three years, along with the anticipated monthly income.
ANSWER:
6. As of the date of your separation, please provide a complete listing of all property under
your control, have in your possession or have taken as separate property, a monetary value for the
property, and the manner in which you calculated the value and its current location and custodian.
ANSWER:
7. As to the items identified in answer to the preceding interrogatory, indicate whether those
items are, in your opinion, marital or non-marital assets and the basis of which you have made such
determination.
ANSWER:
8. Have any of the items identified in answer to the three preceding interrogatories been sold
since the date of separation? If so, please identify:
a. Each and every item that has been sold;
b. The date each item was sold;
c. The person each item was sold to;
d. The amount each item was sold for;
e. The receipt for the sale of each item;
f The disposition of any funds received for the sale of such items;
ANSWER:
9. As of the date of your marriage to the Defendant, please identify by account number and
bank name or financial institution, each and every bank account, whether savings or checking, that
you had an interest in, including the names of the institution and office, the account number, the
balance of the account, and the names, addressed and relationship of all owners or authorized users
of the account.
ANSWER:
10. As of the date of separation, please identify by account number and bank name or financial
institution, each and every bank account, whether savings or checking, that you had an interest in,
including the names of the institution and office, the account number, the balance of the account on
the date of separation, and the names, addressed and relationship of all owners or authorized users
of the account.
ANSWER:
11. With regard to the accounts identified in answer to the prior two interrogatories, identify the
current amounts in each and describe any transactions in the accounts since the date of separation.
ANSWER:
12. On the date of your marriage to the Defendant, identify all assets owned by you or titled in
your name, including, but not limited to, real estate, stocks, bonds, CD's, securities, mutual funds,
automobiles, trucks, intangibles, trailers, boats, airplanes, mobile homes, or other vehicles,
identifying the same by name, model, serial number, purchase price and date, current, value,
location and custodian.
ANSWER:
II On the date of your separation from the Defendant, identify all assets owned by you or titled
in your name, including, but not limited to, real estate, stocks, bonds, CD's, securities, mutual funds,
automobiles, trucks, intangibles, trailers, boats, airplanes, mobile homes, or other vehicles,
identifying the same by name, model, serial number, purchase price and date, current, value,
location and custodian.
ANSWER:
14. Identify all current assets owned by you or titled in your name, including, but not limited to,
real estate, stocks, bonds, CD's, securities, mutual funds, automobiles, trucks, intangibles, trailers,
boats, airplanes, mobile homes, or other vehicles, identifying the same by name, model, serial
number, purchase price and date, current, value, location and custodian.
ANSWER:
15. Identify all debts, liabilities, charges, bills or claims, contingent or liquidated, secured or
unsecured, against you, identify the same, including account, the course of the same, the date the
same was accrued, security, is any, the name address and relationship of the creditor, the amount,
payment schedule and history of payment, if any, for each.
ANSWER:
16. Identify any safe deposit box or similar depository that you have or are utilizing including
the location of the same, the owners or custodians of the same, the registered owners and renters of
the same, the number or acquisition and value and the identity of all persons with access thereto.
ANSWER:
17. List all insurance policies that you own, that insure you or your property or in which you are
beneficiary, identifying the same by type of insurance, company policy number, coverage or
amount; identify including name, address and relationship of custodian insured and beneficiary,
premium paid and cash value.
ANSWER:
18. Do you have an Individual Retirement Account (IRA), SEP, or other similar non-pension
retirement? List institutions holding the account, any and all account numbers, the current amount
in each account, and the amount in each account on the date of separation.
ANSWER:
19. As of the date of marriage to the Defendant, please provide a listing of all real estate in
which you have any ownership interest, along with its location and value.
ANSWER:
20. As of the date of separation, please provide a listing of all real estate in which you have any
ownership interest, along with its location and its value.
ANSWER:
21. State the make, model and year, and approximate value of the car(s) you drove or owned on
the date of your marriage to the Defendant. State the name and address of the person or entity in
whose name this car(s) is titled. State the amount of monthly payments, if any, which are made on
this car, specifying whether such payments are lease payments or lean payments, and state the name
and address of the person or entity that makes such payments.
ANSWER:
22. State the make, model and year, and approximate value of the car(s) you currently drive or
own. State the name and address of the person or entity in whose name this car(s) is titled. State the
amount of monthly payments, if any, which are made on this car, specifying whether such payments
are lease payments or lean payments, and state the name and address of the person or entity that
makes such payments.
ANSWER:
, ,, 1
23. Identify each person you intend to call as a non-expert witness at the trial of this case, and
for each person identified, state Plaintiff s relationship with the witness and the substance of the
facts to which the witness is expected to testify.
ANSWER:
24. Identify each expert you intend to call as a witness at the trial of this matter, and for each
expert, state the subject matter about which the expert is expected to testify; and the substance of the
facts and opinions to which the expert is expected to testify and a summary of the grounds for each
opinion.
ANSWER:
25. State the qualifications of each expert listed herein, including schools attended, past and
present professional employment, experience within his or her field of expertise, list of publications,
etc., and list each such expert's professional licenses and registrations, including the issuing
jurisdiction and the dates thereof, state whether any such licenses or registrations were ever
suspended, revoked, terminated or restricted in any way and the basis therefore and relevant dates
thereof, and identify all legal proceedings in which such expert testified within the past five years on
behalf of the Plaintiff and the amount of fees generated therefrom.
ANSWER:
I
, A, J,
DOUGLAS L. SHELLEHAMER,
Plaintiff,
VS.
NICOLE L. SHELLEHAMER,
Defendant,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 05-2904 CIVIL TERM
CIVIL ACTION-AT LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, Joseph D. Caraciolo, Esquire, hereby certify that on the below-noted date, served a true
and correct copy of the foregoing DEFENDANT'S FIRST SET OF INTERROGATORIES TO
PLAINTIFF upon the following named counsel by depositing the same, postage prepaid, in the
United States Mail, addressed as follows:
Hershel Lock, Esquire
3107 North Front Street
Harrisburg, PA 17110-1310
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BY: Z?
Y12 Market Street, 6" Floor
1arrisburg, Pennsylvania 17101
Date: Ll w ID# 90919 Tel. (717) 236-9391
Attorney for Defendant
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FOREMAN & FOREMAN, P. C.
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March 18, 2006
Herschel Lock
Attorney at Law
3107 North Front Street
Harrisburg, PA 17110-1310
Re: Shellehamer v. Shellehamer
Dear Attorney Lock:
8 FILE COPY
On February 16, 2006 your office was served with Defendant's first set of Interrogatories
directed toward Plaintiff with regard to the above captioned action. It has been thirty days since
you were served and I have not received Plaintiffs responses. Please immediately forward a
copy of such interrogatories in accordance with the Pennsylvania Rlyles of Civil Procedure.
Since ely,
Jo h"D. Caraciol'oAsquire
JDC/
Cc: Nicky Shellehamer ?C,
DOUGLAS L. SHELLEHAMER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
NICOLE L. SHELLEHAMER,
Defendant
CIVIL ACTION - LAW
NO. 05-2904 CIVIL TERM
ORDER OF COURT
AND NOW, this 19`h day of April, 2006, upon consideration of Defendant's
Motion for an Order To Compel Plaintiff, Douglas L. Shellehamer To Answer
Interrogatories, a Rule is hereby issued upon Plaintiff to show cause why the relief
requested should not be granted.
RULE RETURNABLE within 20 days of service.
BY THE COURT,
?Herschel Lock, Esq.
3107 North Front Street
Harrisburg, PA 17110-1310
Attorney for Plaintiff
Joseph D. Caraciolo, Esq.
eteran's Building
112 Market Street
6`h Floor
Harrisburg, PA 17101-2015
Attorney for Defendant
L'\_1
0aX
:rc
??, ?;
?,;, :' _
DOUGLAS L. SHELLEHAMER,
Plaintiff,
VS.
NICOLE L. SHELLEHAMER,
Defendant,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 05-2904 CIVIL TERM
CIVIL ACTION - AT LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I hereby certify I am this day serving a copy of the Order of Court issued on April 19, 2006
by J. Wesley Oler, Jr., Judge, upon the person and in the manner indicated below, which service
satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing a copy of the
same, United States First Class mail, prepaid, and addressed as follows:
Herschel Lock, Esquire
3107 North Front Street
Harrisburg, PA 17110-1310
subin Ced,
Date: U ?3 (J (7
Yseph D. Carlkiolo, Esquire
oreman & Foreman, P.C.
Veteran's Building
112 Market Street, 6th Floor
Harrisburg, Pennsylvania 17101-2015
ID# 90919 Tel. (717) 236-9391
ljb?v,
DOUGLAS L. SHELLEHAMER,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NICOLE L. SHELLEHAMER, NO. 05-2904 CIVIL TERM
Defendant ACTION IN DIVORCE
PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION TO COMPEL
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. It is admitted that Interrogatories were sent by Plaintiff to
Defendant in February, 2006 but, given the modest amount of
Plaintiff's and Defendant's assets and what debts are, it is denied
that formal discovery was in actuality required.
6. The averments of Paragraph 6 represent a conclusion of law
for which no responsive pleading is required.
7. It is admitted that Defendant had not received Plaintiff's
Answers to her Interrogatories by the date she filed her Motion to
Compel but, by way of further answer, it is averred that said
Answers were sent to her on or about April 19, 2006, this after
Plaintiff was finally able to obtain certain documentation relevant
thereto. (See Exhibit "A" attached hereto).
8. It is admitted that discovery is allowed in divorce cases
but, given the economic circumstances of Plaintiff and Defendant, it
is denied that the entirety of her discovery request is relevant.
1&.
9. It is admitted that Defendant's counsel contacted Plaintiff's
counsel by telephone to inquire about the status of Plaintiff's
Answers to her discovery and that he was told during the
conversation that the Answers would be forthcoming, although by an
earlier approximate date then when they were actually sent.
However, given the limited economic circumstances the parties, it is
denied that the discovery, while allowed by the Rules of.Civil
Procedure, was sought in particularly good faith.
10. It is admitted that Plaintiff's Answers to Plaintiff's
discovery request were not sent until on or about April 19, 2006,
this after Plaintiff was able to obtain documentation needed
therefore.
11. After reasonable investigation, Plaintiff is without
knowledge as to the truth of the averments and proof thereof is
hereby demanded. By way of further answer though, it is averred
that given the non egregious totality of events Defendant is not
entitled to counsel fees.
SJ
DATED:
HERSCHEL LOCK, ESQUIRE
ATTORNEY FOR PLAINTIFF
3107 North Front Street
Harrisburg, PA 17110
(717) 238-6661
HERSCHEL LOCK
Attomey at Law
3107 NORTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17110-1310
(717) 238-6661 FAX 238-5288
April 19, 2006
Joseph D. Caraciolo, Esq.
Foreman & Foreman
6th Floor Veterans Building
112 Market Street
Harrisburg, PA 17101-2015
RE: Shellehamer v. Shellehamer
Dear Joe:
Enclosed herein please find Mr. Shellehamer's Answers to your
Interrogatories.
Sincerely,
Herschel Lock
HL/cf
CC: Doug Shellehamer
DOUGLAS L. SHELLEHAMER,
Plaintiff,
vs.
NICOLE L. SHELLEHAMER,
Defendant,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 05-2904 CIVIL TERM
CIVIL ACTION - AT LAW
IN DIVORCE
DEFENDANT'S FIRST SET OF
INTERROGATORIES TO PLAINTIFF
TO: Douglas Shellehamer
C/O Hershel Lock, Esquire
3107 North Front Street
Harrisburg, PA 17110-1310
PLEASE TAKE NOTICE that you are hereby required pursuant to Pennsylvania Rules of
Civil Procedure No. 1930.5 and No. 4001, et seq., to serve upon the undersigned, within thirty (30)
days after service of this Notice, your Answers in writing under oath to the following
Interrogatories
1
BY: / v
Jq eph D. Caracio o, Esquire
2 Market Street, 6`" Floor
Harrisburg, Pennsylvania 17101
Datc:02 IG /O . ID# 90919 Tel. (717) 236-9391
Attorney for Defendant
DEFINITIONS AND INSTRUCTIONS
Answer every Interrogatory. No question is to be left blank. If the answer to an
Interrogatory is "none" or "unknown", that must be written in the answer
Whenever a date, amount or other computation or figure is requested, the exact date,
amount, computation or figure is to be given unless it is unknown. If so, give the best estimate or
approximation thereof and note that such answer is an estimate or approximation.
A. Whenever the term "document" is used herein, it includes (whether or not
specifically called for) all printed, typewritten, handwritten, graphic or recorded matter, however
produced or reproduced and however formal or informal. In lieu of identifying documents, you
may supply the documents or true and correct copies thereof.
B. "Identify," when used in reference to a person, means to state in the answer in each
instance her/his frill name, present or last known residence address and telephone number of his/her
present employer and position, if known.
C. "Identify" when used in reference to a writing or document, means to state in the
answer in each instance whether or not such document is known to be in existence at the time of
making the answer, and (i) the date of the document; (ii) the type of document, e.g., letter,
memorandum; (iii) the present or last known location (s) and custodian(s) of the document and all
of its copies; (vi) the name, address, employer and position of each person who signed and/or
prepared the document; (v) the document was sent; and (vi) a brief statement of the subject matter
of each document. If any such document is no longer in disposition was made of it, the date, and
the identity of the person or persons responsible for such disposition and policy, rule, order or other
authority by which such disposition was made.
D. Whenever you are asked to "identify" an oral communication, the following
information should be given as to each oral communication of which you are aware, whether or not
you or others were present or participated therein:
(i) The means of communication (e.g., telephone, personal conversation, etc.);
(ii) Where it took place;
(iii) Its date;
(iv) The names, addresses, employers and positions (a) of all persons who participated in
the communication; and (b) of all other persons who were present during or who
overheard that communication;
(v) The substance of who said what and to whom and the order in which it was said;
and;
(vi) Whether that communication or any part thereof is recorded, described or referred to
in any document (however informal) and, if so, an identification of such document
in the manner indicated above.
(vii) If you contend that you are not yet separated from your spouse, then answer any
questions asking for information as of die date of separation as if the question asks
for information as of the date of response to the Interrogatories.
E. The term "you" shall be deemed to mean and refer to the parry whom these
Interrogatories have been propounded for answer and shall also be deemed to refer to anyone acting
on your behalf.
F. The words "incident" "accident" and "occurrence" shall be deemed to mean and
refer to the incident, as set forth in Plaintiff s Complaint, which forms the basis for this lawsuit,
G. These Interrogatories are deemed continuing and whenever additional information
responsive to them is obtained by you, it shall be supplied to the Plaintiffs as though expressly
requested by separate Interrogatories, as required by Rule 4007.4 of the Pennsylvania Rules of Civil
Procedure.
I. State your name, age, date of birth, residence address, telephone number, social security
number, and any other names by which you have been known, identifying the times and places
during which you were known by other names.
ANSWER:
Dougglas Lyynn Shellehammer, SS#197-60-8447
Age 35, D0B 11/15/70
H: 717 - 737-6147
Cell: 717 - 979-4810
Address: 1106 Primrose Avenue, Camp Hill, PA 17011
AKA: G. Doober (Morgan/Anderson Logistics 1993-2001)
2. Are you employed? If so, for each employment that you hold, state:
Harley Davidson Motor Co., 1425 Eden Rd.
a. Name and address of employer York, PA 17401
b. Date of Commencement of employment; 3/12/01
C. Name, title and address of your immediate supervisor; Nate L e p p o, Supervisor
d. Your job title and description of duties; Assembler - build handlebars /front
e. Your hours and rate of pay on earnings, specifying gross average weekly salary, fenders
wages, commissions, overtime pay and bonuses, etc.;
f. Expense and drawing accounts and allowances for transportation and other
accommodations and expenses; Only if name is pulled for a ralley or visiting
another plant
ANSWER:
e. 10:30 PM - 7:00 AM - $20.78 + 1.90 shift differential
$610.19 weekly, time and half for OT, quarter bonus if
conditions are made; year and "Stip" pay out
ght to
3. For each employment that you hold or held, state whether you participate, or have ari
participate, or have in the past participated in any the following employment related benefits:
a. Defined Benefit retirement plan,
b. Defined contribution plan; See attached documents
c. Money purchase pension plan;
d. Any other type of employee pension plan; No
e. Savings or thrift plan; No
f. Cash or deferred plan (401) (k); No
g. Profit sharing plan: See answer to 2e
h. Employee stock ownership (including tax credit or payroll tax credit); No
i. Stock bonus plan: No
j. Tax deferred, 403 (b) annuities; No
k. Non-qualified, deferred compensation plans, including excess benefit plans, whether or
not refunded; No
1. Executive stock option plans, including incentive stock option plans; No
m. Welfare or insurance plans including group term life insurance and medical insurance; boSeeokl et
n. Voluntary employee's beneficiary association (VEBA); No
o. Any other employment related benefit not disclosed in your Answers to these
Interrogatories; Health insurance (see attached booklet)
And for each benefit identified above in which you participate, state the benefit or amount you
receive; identify the administrator of such benefit by name, address, title; and the current value of
the benefit.
ANSWER:
4. List and identify all sources of income you have, including employment, rents, dividends,
interest, annuities, trusts, insurance settlements and/or payouts, etc., stating the amount received
from each by you for the last three years, along with the anticipated monthly income.
ANSWER:
See attachments
5. As of the date of your marriage with the Defendant, please provide a complete listing of all
property under your control, have in your possession or have taken as separate property, a monetary
value for the property, and the manner in which you calculated the value and its current location and
custodian.
ANSWER:
328 S. 5th Street, Lemoyne, PA 17043 - value unknown
Household furniture - value unknown - Presently in storage
at Storage Depot , 350 S. 7th Street, Lemoyne, PA 17043
Bank account at Harris Savings, Commerce Bank and Alfirst -
amounts unknown
6. As of the date of your separation, please provide a complete listing of all property under
your control, have in your possession or have taken as separate property, a monetary value for the
property, and the manner in which you calculated the value and its current location and custodian.
ANSWER:
328 S. 5th Street, Lemoyne, PA 17043 - Value unknown
sale price of $73,000 fell through in February 2006
Various items of household furniture - value unknown
Sovereign Bank approx. $500 date of separation
2004 Buick Century inoperable having no value
7. As to the items identified in answer to the preceding interrogatory, indicate whether those
items are, in your opinion, marital or non-marital assets and the basis of which you have made such
determination.
ANSWER:
House and furniture non-marital. Bank account
marital although the money was used to pay
matital debts
8. Have any of the items identified in answer to the three preceding interrogatories been sold
since the date of separation? If so, please identify:
a. Each and every item that has been sold;
b. The date each item was sold;
c. The person each item was sold to;
d. The amount each item was sold for;
e. The receipt for the sale of each item;
f The disposition of any funds received for the sale of such items;
ANSWER:
Transferred 1994 Buick Century to Forbes Chevrolet
for no money
9. As of the date of your marriage to the Defendant, please identify by account number and
bank name or financial institution, each and every bank account, whether savings or checking, that
you had an interest in, including the names of the institution and office, the account number, the
balance of the account, and the names, addressed and relationship of all owners or authorized users
of the account.
ANSWER:
Alfirst
Commerce Bank
Harris/Sovereign Bank - #0571137733 my account
Sovereign Bank - she had one as well
Harris - joint account - it was closed 4-5 years ago
10. As of the date of separation, please identify by account number and bank name or financial
institution, each and every bank account, whether savings or checking, that you had an interest in,
including the names of the institution and office, the account number, the balance of the account on
the date of separation, and the names, addressed and relationship of all owners or authorized users
of the account.
ANSWER:
Sovereign Bank - checking account #0571137733
owned only by me
11. With regard to the accounts identified in answer to the prior two interrogatories, identify the
current amounts in each and describe any transactions in the accounts since the date of separation.
ANSWER:
Sovereign Bank with less than
I put my check in the account - write out checks for bills
12. On the date of your marriage to the Defendant, identify all assets owned by you or titled in
your name, including, but not limited to, real estate, stocks, bonds, CD's, securities, mutual funds,
automobiles, trucks, intangibles, trailers, boats, airplanes, mobile homes, or other vehicles,
identifying the same by name, model, serial number, purchase price and date, current, value,
location and custodian.
ANSWER:
CD's- approx. 40 of $100 each Harris Savings used to buy house
after marriage
Beretta (blue) bought approx. $8,000 maybe 1993-94 - it was rear ended
and junked in 2000 (approx.)
Real Estate ? See answer to Question #5
11 On the date of your separation from the Defendant, identify all assets owned by you or titled
in your name, including, but not limited to, real estate, stocks, bonds, CD's, securities, mutual funds,
automobiles, trucks, intangibles, trailers, boats, airplanes, mobile homes, or other vehicles,
identifying the same by name, model, serial number, purchase price and date, current, value,
location and custodian.
ANSWER:
House: 328 S. 5th Street, Lemoyne, PA 17043 $68,000- 75,000
Caviler - 2001 #1G1JC524517315550 (with me)
Buick Century - 1994 Broke down got rid of shortly after separation
See Answers to Questions 10 & 6
14. Identify all current assets owned by you or titled in your name, including, but not limited to,
real estate, stocks, bonds, CD's, securities, mutual fiords, automobiles, trucks, intangibles, trailers,
boats, airplanes, mobile homes, or other vehicles, identifying the same by name, model, serial
number, purchase price and date, current, value, location and custodian.
ANSWER:
Red Cavalier #1G1JC524517315550 - bought approx. $7,000
328 S. 5th Street, Lemoyne, PA 17043
$50,000 bought for approx. $68,000-75,000
See answers to Questions 11 and 13
15. Identify all debts, liabilities, charges, bills or claims, contingent or liquidated, secured or
unsecured, against you, identify the same, including account, the course of the same, the date the
same was accrued, security, is any, the name address and relationship of the creditor, the amount,
payment schedule and history of payment, if any, for each.
ANSWER:
GMAC $226/month
PPL 104.48
PAWC - 20.47
Comca st - 89.59
ATT
USI - 145.11
58.60
Sewer /trash - 29 3.3
All for 328 S. 5th Street
Circle of Friend - day care - 571.
Herschel Lock - 2,666.15 lawyer
Becker Chiropractic - 30.
West Shore EMS $639.89
Washington Mutual # 5918809525 47.00 approx.
SPS #8790067725 $18,000 approx.
Hindes Family Trust - $5,000
Gary Datson - $?,200.00
Storage Depot West - $138/Mo.
16. Identify any safe deposit box or similar depository that you have or are utilizing including
the location of the same, the owners or custodians of the same, the registered owners and renters of
the same, the number or acquisition and value and the identity of all persons with access thereto.
ANSWER:
None
17. List all insurance policies that you own, that insure you or your property or in which you are
beneficiary, identifying the same by type of insurance, company policy number, coverage or
amount; identify including name, address and relationship of custodian insured and beneficiary,
premium paid and cash value.
ANSWER:
Work - supplemental life insurance
Standard Insurance Co.
1100 SW 6th Avenue, Portland, OR 97204-1093
800 - 36B-2859
Beneficiary as of now Nicole L. Shellehamer
State Farm Insurance - covers cars
Policy NO. 671-0608-D2738 N
18. Do you have an Individual Retirement Account (IRA), SEP, or other similar non-pension
retirement? List institutions holding the account, any and all account numbers, the current amount
in each account, and the amount in each account on the date of separation.
ANSWER:
N0
19. As of the date of marriage to the Defendant, please provide a listing of all real estate in
which you have any ownership interest, along with its location and value.
ANSWER:
See Answer to Question #5
20. As of the date of separation, please provide a listing of all real estate in which you have any
ownership interest, along with its location and its value.
ANSWER:
See Answer to Question #6
21. State the make, model and year, and approximate value of the car(s) you drove or owned on
the date of your marriage to the Defendant. State the name and address of the person or entity in
whose name this car(s) is titled. State the amount of monthly payments, if any, which are made on
this car, specifying whether such payments are lease payments or lean payments, and state the name
and address of the person or entity that makes such payments.
ANSWER:
1999 Chevrolet Cavalier - I believe was Nicole's
1993 Chevrolet Beretta - Mine
Both cars were gotten rid of within 5-7 years from marriage
22. State the make, model and year, and approximate value of the car(s) you currently drive or
own. State the name and address of the person or entity in whose name this car(s) is titled. State the
amount of monthly payments, if any, which are made on this car, specifying whether such payments
are lease payments or lean payments, and state the name and address of the person or entity that
makes such payments.
ANSWER:
Chevrolet Cavalier - 2001 - Douglas & Nicole Shellhamer
328 S. 5th Street, Lemoyne, PA 17043
Douglas Shellehammer, 1106 Primrose Avenue, Camp Hill,PA 17011
as of 2/18/06
23. Identify each person you intend to call as a non-expert witness at the trial of this case, and
for each person identified, state Plaintiff's relationship with the witness and the substance of the
facts to which the witness is expected to testify.
ANSWER:
Unknown at present
24. Identify each expert you intend to call as a witness at the trial of this matter, and for each
expert, state the subject matter about which the expert is expected to testify; and the substance of the
facts and opinions to which the expert is expected to testify and a summary of the grounds for each
opinion.
ANSWER:
Unknown at present
25, State the qualifications of each expert listed herein, including schools attended, past and
present professional employment, experience within his or her field of expertise, list of publications,
etc., and list each such expert's professional licenses and registrations, including the issuing
jurisdiction and the dates thereof, state whether any such licenses or registrations were ever
suspended, revoked, terminated or restricted in any way and the basis therefore and relevant dates
thereof, and identify all legal proceedings in which such expert testified within the past five years on
behalf of the Plaintiff and the amount of fees generated therefrom.
ANSWER:
N/A
DOUGLAS L. SHELLEHAMER,
Plaintiff,
Vs.
NICOLE L. SHELLEHAMER,
Defendant,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 05-2904 CIVIL TERM
CIVIL ACTION - AT LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, Joseph D. Caraciolo, Esquire, hereby certify that on the below-noted date, served a true
and correct copy of the foregoing DEFENDANT'S FIRST SET OF INTERROGATORIES TO
PLAINTIFF upon the following named counsel by depositing the same, postage prepaid, in the
United States Mail, addressed as follows:
Hershel Lock, Esquire
3107 North Front Street
Harrisburg, PA 17110-1310
BY:
Date: ?i%l i t iJ•
r
t
r OMarket Street, 610 Floor
arrisburg, Pennsylvania 17101
ID# 90919 Tel. (717) 236-9391
Attorney for Defendant
VERIFICATION
I verify that the statements made in the foregoing
are true and correct- I understand that false statements made
herein are subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities-
DATED: 4-20-06 AOUG L. SHE LEHAMER
SUBJECT: 2003 FEDERAL TAXABLE WAGES
TO: NICOLE L SHELLEHAMER
328 SOUTH 5TH STREET
LEMOYNE PA 17043
013-02824
013-2-750-0031-1 80032
161-70-0368 495578 249020
The amount of Federal Taxable Wages shown in Block 1 of the attached W2 statement for most employes may
differ from the amount of Gross Earnings you received during the calendar year. Any difference is a
result of one or more of the adjustments explained and calculated below:
If you have any questions, please contact your Personnel Office.
* * * * * * * * CALCULATION SUMMARY
GROSS EARNINGS 23,865.80
MINUS:
* RETIREMENT PICKUP CONTRIBUTIONS (Non Heart & Lung, or Act 534/632 Earnings) . . . . . . 1,491.73
* FAMILY CARE ASSISTANCE PROGRAM DEDUCTIONS - See IRS Code Section 129. . . . . . . . . . . 4,752.00
EQUALS:
FEDERAL TAXABLE WAGES 17.622.07
* * * SEE BACK FOR ADDITIONAL INFORMATION
Em oYwrs IdenM1fica4m Nxnim Control Melba, 1 Wages; Six. cow, cdnPans?twn .' .;;:.. 2FetlerJ:iv:arre,WrwitMeb
23-2172299 013-02824 s: 17,622.07
;:. 726.13
Employers name, adtlraas, and ZIP rods 3 Social secumy wages 4 Soci at sacumy tax wmhMd
COMMONWEALTH OF PENNSYLVANIA 19,113.80 1,185.16
DEPARTMENT OF MILITARY AND VETERANSAFFAIRS 5 M
ck
HARRISBURG PA 17120 a
e. wages and ups 6Metlicare tax widveld
19,113.80 277,26
Employee's Social Security tuawa 9Advand¢EICPaymauc IOOeyaxfwacuebanefds
161-70-0368
4,752.00
Employee's name (AFL mitlde, lest) 11 Nalqualified Plans 12 See IrMructipns for Box 12
NICOLE L SHELLEHAMER
.... ......._...........-_'.___-..._......."'-'
.............................-........_............_.........._......._.-..................
928 SOUTH 5TH STREET
13 Statutory Retirement Third Pady
LEMOYNE ampbtwe Plan sick pay
PA 17043 ? a El
Erne 's address and ZIP code
15 Slate Empleyafs ID No. 16 State wages, tip, etc. 17 State income tax 19 Local wages, tips, etc. 19 Local iraane tax 20 Locality name
....................-.... .... _..._...-__.... _.._._
PA 13567078 ................. ........................................
23,865.80 .................-...._...._._..._....................
668.29 ........... ......_.................. -.............. ....._...
23,865.80 .........................._..............._......
346.14 ..............._..-........ ............. ......................................
LEMOYNE 113080
Porm W-2 Wage and Tax Department of the Treasay - naernal Revenue Service
Statement 2003 COPY C- FOR EMPLOYEE'S RECORDS (SEE NOTICE ON BACK OF COPY 9) DMB No. 15415-0009
This information is Eeag funistteducNelrnernal Revenue Service
•, r.a....-?+«..,•.,e-.-l•ro.,...r,.. M,,...a..,,. 495578 249020 013 750 8003E 161-70-0368
+'Orm Mperlmen} of 1An __ r<.:.iw
WO U.S. Indlvlduai income Tax Retu"' ) 2004 RSUse
Label
DOUGLAS L SHELLEHAMER Your social security number
(See page ta.) NICOLE L SHELLEHAMER 197-60-8447 _
Use the 328 SOUTH 5TH STREET Spouse's social security number
IRS label. LEMOYNE, PA 17043 161-70-0368
pl A Important! A
or type. You must enter your
SSN(s) above.
Elect o?ih Presidential Note. Checking 'Yes vrill not Change your tax or reduce your refund. You Spouse
r_-n n i-t n
Filing
Status t .i?,":> 4 (
2 Nsirgle
Married 6lrig jointly(ev5(onlyorre income iff mouseholcl (with qualifying person). (See page 19.)
xyirg parson is achdd but rot your dependent, enter this
Check only 3 Married efirg separately. s bw. chi me here. ?
one tax. ? 5 Q er with dependent child see 19
Exemption; 6a X Yourself. if someone can claim you as a dependent, do net check Boxes
Chocked M
1
b
6 O and ? ?
S
ox
a
b X se2LM f No. of children
c Dependents: (3) Dependeltt's 4)A i. onecwrw:
modem's
relationship to
• rived xh
w
YOU 2 child for
(1) First name last name $O°W sxurity nuns you child tax a.
see pg 21) a did not five
TIFFANY SHELLEHA 6- 95 GHTER X roav cedoorr
Hnwrothersix DUSTIN SHELLS 9 78- N X ( X21)
dependents,
20
see page
.
Dependents
en fk not
ordered above
Add numbers
on mores
d Total number M exemptions.claimed_ above ?
Income 7 Waaes, salaries, tips, etc. 7 69,096.
Attach
Form(s) W-2
hero. Also
Blind
Fula)
1099-R N tax
was withheld_
If you did riot
9M a W-2, see
W9a 22
Enclose. but W
riot amain, any
oawrerk
21 Subtract One 20 from line 15. This is your adjusted gross income. ? 21 69,096.
KBA For Disclosure, PrMacy Act, and Paperwork Reduction Alt Nodce, sea pape37. form 104OA (2004)
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4Q&: ,
DOUGLAS L. SHELLEHAMER,
Plaintiff
VS.
NICOLE L. SHELLEHAMER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 05-2904 CIVIL TERM
ACTION IN DIVORCE .
CERTIFICATE OF SERVICE
I, Herschel Lock, Esquire, do hereby certify that on this
day of May 2006, I served a copy of the Plaintiff's Answer to
Defendant's Motion to Compel by depositing same in the United States
Post Office, certified mail, return receipt requested, at
Harrisburg, Pennsylvania, as follows:
Joseph D. Caraciolo, Esq.
Foreman & Foreman
6th Floor Veterans Building
112 Market Street
Harrisburg, PA 17101-2015
DATED: BY:
HERSCHEL LOCK, ESQUIRE
ATTORNEY FOR PLAINTIFF
3107 North Front Street
Harrisburg, PA 17110
(717) 238-6661
<c. ?
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r ?, ? ?,
_.°
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? ???,
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DOUGLAS L. SHELLEHAMER,
Plaintiff
VS.
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PA
: NO. 05-2904 CIVIL TERM
NICOLE L. SHELLEHAMER, CIVIL ACTION-LAW
Defendant . IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on June 6,
2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention
to request entry of the decree.
I verify that the statements made in the 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
unworn falsification to authorities.
Date
uglas L. Shellehamer
1-2
t?r'?
DOUGLAS L. SHELLEHAMER,
Plaintiff
VS.
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PA
: NO. 05-2904 CIVIL TERM
NICOLE L. SHELLEHAMER, CIVIL ACTION-LAW
Defendant IN DIVORCE
WAIVER OF NOTICE OF IlVTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER CODE SECTION 3301(C) 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. § 4904 relating to
unworn falsification to authorities.
Date:, /
ugl . Shellehamer
v7 ? ?7
i
v?
DOUGLAS L. SAELLEHAMER,
Plaintiff
VS.
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PA
: NO. 05-2904 CIVIL TERM
NICOLE L. SAELLEHAMER, : CIVIL ACTION-LAW
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on June 6,
2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention
to request entry of the decree.
I verify that the statements made in the 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
unworn falsification to authorities.
Date: D
00
uglas L. Shellehamer
c.?
'
co
..?
DOUGLAS L. SHELLEHAMER,
Plaintiff
VS.
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PA
: NO. 05-2904 CIVIL TERM
NICOLE L. SHELLEHAMER, : CIVIL ACTION-LAW
Defendant : IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER CODE SECTION 3301(0) 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. § 4904 relating to
unworn falsification to authorities.
Date: ?K7 l
ugl . Shellehamer
Q
T rn
- T
??
57,
00
DOUGLAS L. SHELLEHAMER,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 05-2904 CIVIL TERM
NICOLE L. SHELLEHAMER, : CIVIL ACTION-LAW
Defendant . IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on June 6,
2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention
to request entry of the decree.
I verify that the statements made in the 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
unworn falsification to authorities.
Date: 97 OOP vin01or
Nic le L. Shellehamer
't
'7 Cz"' V7
?C', -AW
DOUGLAS L. SHELLEHAMER,
Plaintiff
VS.
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PA
: NO. 05-2904 CIVIL TERM
NICOLE L. SHELLEHAMER, : CIVIL ACTION-LAW
Defendant : IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER CODE SECTION 3301(C) 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. § 4904 relating to
unworn falsification to authorities.
Date: CA , Q w cc)l (ML4 ? Q I
Nic e L. Shellehamer
r? ? rn
CD
OK t
DOUGLAS L. SHELIM AM ER,
plaintiff
vs.
AN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PA
:NO. 05-2904 Civil Term
NICOLE L. SHELLEHAMER, :CIVIL ACTION - LAW
Defendant AN DIVORCE
AFFIDAVIT OF SERVICE
AND
"NO "s day of ONT4k , 2007 personally
1014 1
appeared r. Esquire who swears according to law, that a true and correct
copy of a COMPLAINT IN DIVORCE was caused to be served by certified mail with return
receipt requested upon the said,
Nicole L. Shellehamer
47764 Cale Z,afiro
I dio, CA 92201
ti
od- une 8, 2005 by leaving the same at the Harrisburg Post Office with postage pre-paid
thereon as evidenced by the mailing receipt and return receipt hereto attached and made a part
hereof.
Sworn and subsc bed before
me this ( day of
2007
Notary Public
WrMKSEAL 'Ic
OO/?JyN[?Ny?IE LW F 'ESTC jC k per y?pub,
MY ComrWl" EXp1 es May 22, 20111
Herschel Lock, Esquire
Attorney I.D. # 710 /
3107 North Front Street
Harrisburg, PA 17110
(717) 238-6661
u
? -a
DOUGLAS L. HELMIAMMER, :IN THE COURT OF COMMON PLEAS
Plaintiff :OF CUMBERLAND COUNTY, PA
VS. :NO. 05-2904 Civil Term
NICOLE L. SHELLEHAMER, :CIVIL ACTION - LAW
Defendant AN DIVORCE
PROOF OF SERVICE
r-
m
ru
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M Postage $
s
Certified Fee
Return Receipt Fee
(Endorsement Required)
Q
C3 Restricted Delivery Fee
C3 (Endorsement Required)
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Sent To
Nicole L
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-----------
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street, Apt. No. 47764
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT is made this 19' `' day of S , 2007, by and
between DOUGLAS L. SHELLEHAMER, now of 1106 Primrose Avenue, Camp Hill,
Cumberland County, Pennsylvania, 17011, hereinafter referred to as "Husband",
-AND-
NICOLE L. SHELLEHAMER, now of 47764 Calle Zafiro, Indio, California, 92201,
hereinafter referred to as "Wife",
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on July 6, 1996 in
Shiremanstown, Pennsylvania; and
WHEREAS, diverse unhappy marital difficulties have arisen between the parties causing
them to believe that their marriage is irretrievably broken, as a result of which they now live
separate and apart from one another, the parties being estranged due to such marital difficulties;
and
WHEREAS, the parties hereto are desirous of compromising and settling fully and
finally their respective financial and property rights and obligations as between each other,
including, without limitation by specification: the settling of all matters between them relating to
the ownership of real and personal property; and in general, the settling of any and all claims and
possible claims by one against the other or against their respective estate, particularly those
responsibilities and rights growing out of the marriage relationship, inter alia past, present or
future spousal support or maintenance, alimony pendente lite, alimony, counsel fees and
expenses, and equitable distribution, whether or not the parties reside together; and
WHEREAS, the parties have made full disclosure to each other of their assets and
liabilities and have agreed on a settlement of all property rights and differences existing between
them; and
WHEREAS, the parties intend this Agreement to be a full and complete Marriage
Settlement Agreement, providing for the absolute and final settlement of all their respective
marital and property and all other claims.
NOW, THEREFORE, in consideration of the premises and of the promises, covenants
and undertakings hereinafter set forth and for other good and valuable consideration, 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:
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. Each party shall be free from interference, authority or control by the other,
as fully as if he or she were single and unmarried, except as may be necessary to carry out the
provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to
molest the other, nor compel the other to cohabit with the other, or in any way harass or malign
the other, nor in any way interfere with the peaceful existence, separate and apart from the other.
The foregoing provision shall not be an admission on the part of either party of the lawfulness or
unlawfulness of the causes leading to their separation. A reconciliation will not void the
provisions of this agreement.
Should a decree, judgment or order of separation or divorce be obtained by either
of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents
and agrees that this Agreement and all of its covenants shall not be affected in any way by any
such separation or divorce; and that nothing in any such decree, judgment, order or further
modification or revision thereof shall alter, amend or vary any term of this Agreement, whether
or not either or both of the parties shall remarry, it being understood by and between the parties
hereto that this Agreement shall be incorporated in but shall not be merged into any decree,
judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this
Agreement or the substance of the provisions thereof, may be incorporated by reference into any
divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it
being the specific intent of the parties to permit this Agreement to survive any judgment and to
be forever binding and conclusive upon the parties.
2. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of
execution" or "execution date", defined as the date upon which it is executed by the parties if
they have each executed the Agreement on the same date. Otherwise, the "date of execution" or
"execution date" of this Agreement shall be defined as the date of execution by the party last
executing this Agreement. Transfer of property, funds and/or documents shall occur on the
effective date unless otherwise specified herein.
3. AGREEMENT NOT A BAR TO DIVORCE. This Agreement shall not be
considered to affect or bar the right of either party to a divorce on lawful grounds as may be now
or hereafter available to either party. This Agreement is not intended to be and shall not be a
condonation on the part of either party of any act or acts of either party hereto. Both parties
hereto agree that the marriage is irretrievably broken and agree at the time of execution hereof to
execute any and all affidavits or other documents necessary for the parties to obtain an absolute
divorce pursuant to Section 3301(c) of the Divorce Code. Each party waives the right to request
Court ordered counseling.
4. DEBTS AND OBLIGATIONS. Each party hereto represents and warrants that
he or she has not, and in the future will not, contract or incur any debt, obligation or liability for
which the other party or his or her estate may be responsible or liable, except as provided for in
this Agreement. Each party hereto agrees to be solely responsible for the prompt and timely
2
payment of the debts currently titled in his or her name alone. It is further acknowledged that any
joint debt currently being paid by Husband will remain Husband's sole and exclusive obligation.
Each party hereto agrees to indemnify and hold harmless the other from any and all claims, debts,
obligations or demands made against him or her by reason of debts or obligations incurred by
him or her or identified to be paid by him or her. The parties acknowledge that there is currently
no marital residence as the same was sold by Husband and the proceeds previously divided by
the parties. In the event any mortgage debt, tax lien, insurance obligation, or other monetary
responsibility associated with the marital property remain, the same will be the exclusive
obligation of Husband, who will indemnify and hold Wife harmless from the same.
5. EQUITABLE DISTRIBUTION. It is specifically understood and agreed that
this Agreement constitutes an Equitable Distribution of property that was legally or beneficially
acquired by Husband and Wife or either of them, during the marriage, as contemplated by the
Act of April 2, 1980 known as the Divorce Code, 23 Pa.C.S. § 3101 et. seq., as amended, of the
Commonwealth of Pennsylvania. The parties hereto agree that the division of marital property
provided herein is fair, adequate and satisfactory to them. Each agrees to accept the provisions of
this Agreement in lieu of and in full and final settlement in satisfaction of all claims and demands
that either may now or herein after have against the other for equitable distribution of martial
property.
6. MUTUAL RELEASES. Husband and Wife hereby mutually remise, release,
quit-claim and forever discharge the other and the estate of such other, for all time to come, and
for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the
estate of such other, of whatever nature and wherever 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, whether
arising out of any former acts, contracts, engagements or liabilities of such other or by way of
dower or courtesy, of claims in the nature of dower or courtesy, or widow's or widower's rights,
family exemption or similar allowance or under the intestate laws; or the right to take against the
spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all other
rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the
laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other
country; or any rights which either party may now have or at any time hereafter have for past,
present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or
expenses, whether arising as a result of the marital relation or otherwise, except and only except
all rights and agreements and obligations of whatsoever nature arising or which may arise under
this Agreement or for the breach of any provision thereof. It is the intention of Husband and
Wife to give to each other by the execution of this Agreement a full, complete and general
release with respect 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 of any provision thereof. It is further agreed by each party that this Agreement constitutes
a full and final resolution and settlement of all claims of any kind, and especially and claims
arising under the Pennsylvania Divorce Code, which either party may have against the other.
3
7. DIVISION OF REAL ESTATE, HOUSEHOLD AND PERSONAL
PROPERTY. Husband and Wife acknowledge that, except as herein provided, their intention is
to equally divide all marital property. Husband agrees that all the property in the possession of
Wife shall be the sole and separate property of Wife and hereafter Wife agrees that all the
property in the possession of Husband shall be the sole and separate property of Husband. Each
of the parties hereto does hereby specifically waive, release, renounce, and forever abandon
whatever claims, if any, she or he may have with respect to any of the above items that are the
sole and exclusive property of the other.
The parties acknowledge that Husband and Wife were titled owners of that certain house,
lot and all improvements thereupon situate at 328 South 5th Street, Lemoyne, Cumberland
County, Pennsylvania, 17043. The parties hereby agree that the marital property has previously
been disposed of and the equity divided between the parties. Husband agrees to be solely
responsible for any monetary debt thereon as more fully set forth herein.
The parties agree that any motor vehicles in the possession of either party shall be solely
the property of the other and, in the event any documents are necessary to transfer title into the
sole name of either Husband or Wife, consistent herewith, the other shall reasonably cooperate to
achieve the said purpose.
8. ALIMONY, SPOUSAL SUPPORT, ALIMONY PENDENTE LITE. Pursuant
to this Agreement of the parties, each party waives any right they may have to seek alimony,
alimony pendente lite, spousal support, maintenance, or the like.
9. PENSIONS, RETIREMENT ACCOUNTS, AND CERTIFICATE OF
DEPOSITS. Each party specifically waives any claim they may have against the retirement of
the other. Each party acknowledges that the other spouse may have a retirement plan or account to
which the parties may have contributed martial property over the course of the marriage. Each of
the parties acknowledges, without the necessity of an expert valuation, that retirement assets may
prove to comprise a substantial percentage of the entire martial estate. Nonetheless, each party
desires to waive and specifically releases any claim they may have as to the retirement assets
currently in the possession of the other spouse. Each party further agrees to execute immediately
upon demand any documents as may be required by the retirement plan administrator of the other
spouse so as to confirm they have waived any claim right or interest thereto.
10. ADVICE OF COUNSEL. The provisions of this Agreement and their legal
effect have been fully explained to Wife by her counsel, Joseph D. Caraciolo, Esquire, and to
Husband by his counsel, Jane Alexander, Esquire. Husband and Wife each covenants that he or
she has made a full financial disclosure to the other of his or her respective property, holdings
and income. Husband and Wife each acknowledge that each fully understands the facts of this
agreement and has been fully informed as to her or his legal rights and obligations and each party
acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable and
that it is being entered into freely and voluntarily, with such knowledge and that execution of this
4
Agreement is not the result of any duress or undue influence and that it is not the result of any
collusion or improper or illegal agreement or agreements.
11. DIVORCE. The parties agree and acknowledge that their marriage is
irretrievably broken, that they do not desire marital counseling, and that they both consent to the
entry of a decree in divorce pursuant to 23 Pa. C.S.A. § 3301(c). Accordingly, both parties agree
to forthwith execute such consents, affidavits, or other documents and to direct their respective
attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to
promptly proceed to obtain a divorce pursuant to said 23 Pa. C.S.A. § 3301(c). Upon request, to
the extent permitted by law, and the applicable rules of civil procedures, the named defendant in
such divorce action shall execute any waivers of notice or other waivers necessary to expedite
such divorce.
It is the intention of the parties that the Agreement shall survive any action for divorce which
may be instituted or prosecuted by either party and no other judgment or decree of divorce,
temporary, final, or permanent, shall affect or modify the financial terms of this Agreement. This
Agreement shall 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.
12. 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, deeds, titles or documents that may be reasonably required to give full force and
effect to the provisions of this Agreement, including all papers necessary to transfer title.
13. AFTER-ACQUIRED PROPERTY. Each party shall hereafter independently
own all property, real, personal or mixed; tangible or intangible, of any kind, acquired by him or
her, with full power to dispose of the same in all respects and for all purposes; as though he or
she were unmarried.
14. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFER. The parties
hereby agree and express their interest that any transfer of property under this Agreement shall be
within the scope and application of the Deficit Reduction Act of 1984, hereinafter referred to as
"the Act," and specifically the provisions of the Act pertaining to property transfers between
spouses and former spouses. The parties agree to sign and file any elections or other documents
required by the Internal Revenue Service to apply the Act to transfers under this Agreement
without recognition of gain and subject to the carry-over basis provisions of the Act.
15. MODIFICATION AND WAIVER. A modification or 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 the 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.
5
16. 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.
17. 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.
18. 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 agreement.
19. BREACH. If either party breaches any provision of this Agreement, the other
party shall have the right, at his or her election, to sue for damages for such breach, or seek such
other remedies or relief as may be available to him or her, and the party breaching this contract
shall be responsible for payment of legal fees and costs incurred by the other in enforcing their
rights under this Agreement, or in seeking such other remedies or relief as may be available to
him or her.
20. DISCLOSURE OF FINANCES. Each party hereto confirms that he or she has
relied on the completeness and substantial accuracy of financial disclosures of the other as an
inducement to enter into this Agreement. The parties acknowledge that there has been no formal
discovery conducted in their pending divorce action and that neither has filed an Inventory and
Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. The rights of
either party to pursue a claim for equitable distribution of any interest owned by the other party in
an asset prior to the date of execution hereof which interest was not disclosed or known by the
other party or his or her counsel prior to the execution of this Agreement is expressly reserved.
21. APPLICABLE LAW. This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
22. VOID CLAUSES. If any term, condition, clause or provision of this Agreement
shall be determined or declared to be void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this Agreement, and, in all other respects,
this Agreement shall be valid and continue in full force, effect and operation.
6
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
WITNESS:
HUSBAND:
' 4e
ouglas L. Shellehamer
WIFE:
Nicol L. Shellehamer
7
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK
SS
On this the ;25t of 5:?Fte," ? , 2007, before me, the
undersigned officer, personally appeared Douglas L. Shellehamer, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within Agreement and
acknowledged that he executed the same for the purposes therein contained.
My commission expires: + Z , 2oio
Notary Public
FAITH OF PENNSYLVANIA
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8
ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF abjf? [?)W-adLKt SS
On this the 101 - of n4, , 2007, before me, the
undersigned officer, personally appeared Nicole L. Shellehamer, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within Agreement and acknowledged
that she executed the same for the purposes therein contained.
My commission expires: Ll I ?(
0 otary Pu li
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9
DOUGLAS L. SHELLEHAMMER,
Plaintiff
VS.
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PA
: NO. 05-2904 Civil Term
NICOLE L. SHELLEHAMMER, : CIVIL ACTION -LAW
Defendant : IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary-:
Transmit the record, together with the following information, to the Court for entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code.
(Strike out inapplicable section).
2. Date and manner of service of the complaint: was sent certified mail restricted delivery and was
served to the Defendant on June 16, 2005
3. (Complete either paragraph (a) or (b))
a) Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by
plaintiff September 10, 2007 ; by defendant September 19, 2007 .
b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code:
(2) Date of filing of the 3301(d) affidavit:
(3) Date of service of the 3301(d) affidavit upon respondent:
4. Related claims pending: All claims are settled and satisfied-by Marriage Settlement Agreement
dated September 19, 2007 signed by both parties.
5. (Complete either (a) or (b).)
(a) Date and manner of service of the notice of intention to request entry of the divorce decree, a
copy of which is attached:
(b) Date plaintiff s Waiver of Notice was filed with the Prothonotary: September 17, 2007
Date defendant's Waiver of Notice was filed with the Prothonotary: _ September 24, 2007
Date: -0b'?
Uexari r, Esquire
for Pl ntiff
?ttorney I.D. #07355
148 S. Baltimore Street
Dillsburg, PA 17019
(717) 432-4514
r[] f:
t
w
DOUGLAS L. SHELLEHAMER,
Plaintiff,
vs.
NICOLE L. SHELLEHAMER,
Defendant,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 05-2904 CIVIL TERM
: CIVIL ACTION - AT LAW
: IN DIVORCE
ACCEPTANCE OF SERVICE
I, Joseph D. Caraciolo, Attorney for Nicole L. Shellehamer, Defendant in the
above-captioned matter, do hereby certify that I have accepted service of Plaintiff's
Complaint in Divorce, on the 8 h day of June, 2005, filed to the above-captioned term and
number. I certify that I am authorized to make this acceptance on behalf of Defendant,
Nicole L. Shellehamer.
Date: 10 a 7
r,
C
n µ J ?
-
t ? ?(f s
?Jo
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
Douglas L. Shellehamer,
Plaintiff
VERSUS
Nicole L. Shellehamer
Defendant
N O. 05-2904
DECREE IN
DIVORCE
AND NOW, r) C O?o J -2, ( IT IS ORDERED AND
DECREED THAT Douglas L. Shellehamer , PLAINTIFF,
AND
Nicole L. Shellehamer , DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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;
BY THE COURT:
PROTHONOTARY
9:110?
DOUGLAS L. SHELLEHAMER,
Plaintiff,
VS.
NICOLE L. SHELLEHAMER,
Defendant,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:No. 05-2904 CIVIL TERM
CIVIL ACTION - AT LAW
IN DIVORCE
AFFIDAVIT OF INTENTION TO RESUME PRIOR SURNAME
STATE OF CALIFORNIA
SS.
COUNTY OF EAR &APA?(_O:
NICOLE L. SHELLEHAMER, being duly sworn according to law, deposes and says that
she is the Defendant in the above-captioned divorce action in which a final Decree from the
bonds of matrimony was entered and she hereby elects to resume her prior surname of Hindes
and, therefore, gives this written notice avowing said intention, in accordance with #704 of the
Act of November 15, 1972, P.L. 1063, 54 Pa.C.S.A. 704.
NICOL L. SHELLEHA ER
To Be Known As:
L
NICOLE 1, HINDES
Sworn and subscribed before me
this ftday of?Q r
,2007
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