HomeMy WebLinkAbout05-3016William F. Shughart : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 05- -5'O//o CIVIL TERM
Dawn M. Shughart CIVIL ACTION - LAW
Defendant : IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth
in the following pages, you must take prompt action. You are warned that if you fail to
do so, the case will proceed without you and a decree in divorce or annulment may be
entered against you for any other claim or relief requested in these papers by the
Plaintiff. You may lose money or property or other rights important to you, including
custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary at the First Floor, Cumberland County
Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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, PA 17013
(717) 249-3166
William F. Shughart : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO.05- 30/4 CIVILTERM
Dawn M. Shughart CIVIL ACTION - LAW
Defendant : IN DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff is William F. Shughart, an adult individual, currently residing at 14
Farm Lane, Carlisle, Cumberland County, Pennsylvania, 17013.
2. Defendant is Dawn M. Shughart, an adult individual, currently residing at
14 Farm Lane, Carlisle, Cumberland County, Pennsylvania, 17013.
3. Plaintiff and Defendant are bonafide residents of the Commonwealth of
Pennsylvania and have been so for at least six months immediately previous to the filing
of this complaint.
4. Plaintiff and Defendant were married on January 16, 1998 in Cumberland
County, Pennsylvania.
5. There have been no prior actions for divorce or annulment between the
parties.
6. The Defendant is not a member of the Armed Forces of the United States
of America, or its Allies.
7. The Plaintiff has been advised of the availability of counseling and the
right to request that the Court require the parties to participate in counseling. Knowing
this, the Plaintiff does not desire that the Court require the parties to participate in
counseling.
8. Plaintiff and Defendant are citizens of the United States of America.
9. The parties have been separated since June 1, 2005 although they
continue to reside in the marital residence as of the date of this Complaint.
10. There are three minor children two of which are born of this marriage:
Madelyn Shughart, born January 9, 1996 and adopted by the plaintiff on or about
March 1999; MacKenzie Shughart, born January 20, 2000 and Morgan Shughart, born
March 28, 2003. The plaintiff is the natural father of children MacKenzie and Morgan
and the plaintiff is the adoptive father of the child Madelyn ; the defendant is the natural
mother of the three minor children.
11. Plaintiff desires a divorce based upon the belief that Defendant will, after
ninety days from the date of the filing of this Complaint, consent to this divorce.
WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in
divorce.
COUNT II
EQUITABLE DISTRIBUTION
12. Paragraphs 1 through 11 are incorporated herein by reference as if set
forth in their full text.
11 During the course of the marriage, the parties have acquired numerous
items of property, both real and personal, which are held in joint names and in individual
names of the parties hereto: debts have also been incurred relative to both parties and
in joint names and in individual names of the parties hereto.
14. The plaintiff and the defendant have been unable, as of the date of this
Complaint, to agree as to an equitable division of said property.
WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure
by the defendant, to equitably divide the property, both real and personal, as well as the
debts thereto, owned by the parties hereto as marital property.
COUNT III
ALIMONY
15. Plaintiff incorporates the allegations of paragraphs 1 through 14 as if set
forth at length herein.
16. The plaintiff's yearly salary is substantially less than plaintiff and
defendant's lifestyle to which he has become accustomed is being radically reduced.
17. Plaintiff seeks this Court to issue a judgment and decree in favor of
awarding alimony to Plaintiff.
WHEREFORE, Plaintiff requests your Honorable Court to enter a decree
awarding alimony to the plaintiff.
COUNT IV
ALIMONY PENDENTE LITE
18. Paragraphs 1 through 17 are incorporated herein as if fully set forth.
19. Plaintiff is without sufficient means to support himself and meet the cost
and expenses of this litigation; it is believed that Plaintiff is unable to maintain himself
during the pendency of this action.
WHEREFORE, Plaintiff seeks this Court to issue a judgment in decree in favor of
awarding alimony pendente lite to plaintiff.
Da e
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
Respectfully Submitted
TURD LAW OFFICES
VERIFICATION
I verify that the statements made in the foregoing Divorce Complaint are true and
correct. I understand that false statements herein made are subject to the penalties of
Pa.C.S. §4904 relating to unsworn falsification to authorities.
Date 77 William F. Shughart
CERTIFICATE OF SERVICE
I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of
the Complaint in Divorce, upon Jennifer Spears, Esquire by depositing same in the
United States Mail, first class, postage pre-paid on the 10A day of J'..;,-,c ,
2005, from Carlisle, Pennsylvania, addressed as follows:
Jennifer Spears, Esquire
Martson, Deardorff, Williams & Otto
10 East High Street
Carlisle, PA 17013
TURO LAW OFFICES
Galen R. Waltz, Es
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688; FAX 717245.2165
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William F. Shughart,
Plaintiff
V.
Dawn M. Shughart,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05- 3.01(, CIVIL TERM
CIVIL ACTION - CUSTODY
COMPLAINT FOR CUSTODY
1. Plaintiff is William F. Shughart, an adult individual whose residence is at
14 Farm Lane, Carlisle, Cumberland County, Pennsylvania.
2. Defendant is Dawn M. Shughart, an adult individual whose residence is at
14 Farm Lane, Carlisle, Cumberland County, Pennsylvania.
3. Plaintiff seeks custody of his children Madelyn L. Shughart, born January
9, 1996, MacKenzie Shughart, born January 20, 2000 and Morgan Shughart, born
March 28, 2003. All three currently are residing at 14 Farm Lane, Carlisle, Cumberland
County, Pennsylvania 17013.
4. The children are presently in the custody primarily of plaintiff and partially
of defendant.
5. The children have lived at the following addresses:
Name
Madelyn
MacKenzie
Morgan
Madelyn
MacKenzie
Morgan
Address
17 Farm Lane, Carlisle, PA 17013
17 Farm Lane, Carlisle, PA 17013
17 Farm Lane, Carlisle, PA 17013
605 Roxberry Rd., Newville, PA 17241
605 Roxberry Rd., Newville, PA 17241 1/16/98 - 12/28/04
605 Roxberry Rd., Newville, PA 17241 1/16/98 - 12/28/04
Dates
12/28/04 to Present
12/28/04 to Present
12/28/04 to Present
1/16/98 - 12/28/04
6. The relationship of the plaintiff to Madelyn is adoptive father and the
relationship of plaintiff to MacKenzie and Morgan is that of natural father.
7. The relationship of the defendant to the children is that of natural mother.
8. The best interest and permanent welfare of the children will be served by
granting the relief requested because the plaintiff and the children have developed a
strong bond and the plaintiff has been the primary caretaker of the children whereas the
mother's profession and work schedule and work habits do not permit the amount of
time necessary for the proper development of the children and thereof primary physical
custody of the children to the father would be in the children's best interest.
11. Each parent whose parental rights to the children have not been
terminated and the person who has physical custody of the children have been named
as parties to this action. No other persons are known to have or claim to have any right
to custody or visitation of the children other than the parties to this action.
12. The Plaintiff has not participated as a party or in any other capacity, in any
other litigation concerning the custody of the child in this or any other Court.
13. Plaintiff has no information of a custody proceeding concerning the
children pending in a Court of this Commonwealth.
WHEREFORE, Wherefore, plaintiff requests your Honorable Court
schedule a conciliation conference and subsequently grant the plaintiff's requests for
shared legal custody and primary physical custody of the natural children to the plaintiff
with partial physical custody of the children to the defendant and primary physical
custody of Madelyn to the defendant with partial physical custody of Madelyn to the
Plaintiff.
Respectfully Submitted
TURD LAW OFFICES
&/OAA
Date
Galen R. Waltz, Esc
28 South Pitt Strut
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in the foregoing Custody Complaint are true
and correct. I understand that false statements made herein are subject to the penalties
of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities.
&D /per ? a^ ?
Date William F. Shughart
CERTIFICATE OF SERVICE
I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of
the Complaint For Custody upon Jennifer Spears, Esquire, by depositing same in the
United States Mail, first class, postage pre-paid on the 1014 day of Jv ?&
2005, from Carlisle, Pennsylvania, addressed as follows:
Jennifer Spears, Esquire
Martson, Deardorff, Williams & Otto
10 East High Street
Carlisle, PA 17013
TURO LAW OFFICES
Galen R. Walt, Wire
28 South Pitt et
Carlisle, PA 17013
(717) 245-9688; FAX 717.245.2165
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William F. Shughart : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 05- 501 ? CIVIL TERM
Dawn M. Shughart : CIVIL ACTION - LAW
Defendant : IN DIVORCE
ACCEPTANCE OF SERVICE
a0d COVAPJ66i4p hA
1 accept service of the Complaint in Divorcenon behalf of Dawn M. Shughart and
certify that I am authorized to do so.
Date ut on ed Agent-Jennifer Spears, Esquire
10 East High Stmt
Carlisle, PA 17013
71T-243-3341
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WILLIAM F. SHUGHART IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
DAWN M. SHUGHART
DEFENDANT
05-3016 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, June 15, 2005 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 28, 2005 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Hubert X. Gilror. Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY 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
Telephone (717) 249-3166
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F:\FILES\DATAPILE\General\CurrentA 1018.23.custstip
Created: 7/30/04 9:12AM
Revised: &22105 3:16PM
Jennifer L. Spears, Esquire
I.D. 87445
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
WILLIAM F. SHUGHART,
Plaintiff
V.
DAWN M. SHUGHART,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-3016 CIVIL TERM
CIVIL ACT10N - LAW
IN DIVORCE
STIPULATION FOR AN AGREED ORDER OF CUSTODY
AND NOW, the parties, by and through their attorneys, stipulate and agree as follows:
1. LEGAL CUSTODY
The parties hereby agree to share legal custody of the minor children, Madelyn
(DOB 1/9/96), Mackenzie (DOB 1/20/00), and Morgan (DOB 3/28/03). All decisions affecting the
children's growth and development including, but not limited to: choice of camp, if any; choice of
day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment;
decisions relating to actual or potential litigation involving the children, directly or as beneficiary,
other than custody litigation; education, both secular and religious; scholastic athletic pursuits and
other extracurricular activities; shall be considered major decisions and shall be made by the parents
jointly, after discussion and consultation with each other and with a view towards obtaining and
following a harmonious policy in the children's best interest.
2. Each party agrees to keep the other informed of the progress of the children's
education and social adjustments. Each party agrees not to impair the other party's right to shared
legal or physical custody of the children. Each party agrees to give support to the other in the role
as parent and to take into account the consensus of the other for the physical and emotional well-
being of the children.
3. While in the presence of the children, neither parent shall make or permit any other
person to make, any remarks or do anything which could in any way be construed as derogatory or
uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other
parent as one whom the children should respect and love.
4. It shall be the obligation of each parent to make the children available to the other in
accordance with the physical custody schedule and to encourage her to participate in the plan hereby
agreed and ordered.
5. Each parent shall have the duty to notify the other of any event or activity that could
reasonably be expected to be of significant concern to the other parent.
6. The parents shall communicate directly with one another concerning any parenting
issue requiring consultation and agreement and regarding anyproposed modifications to the physical
custody schedule, which may from time to time become necessary, and shall specifically not use the
children as messengers. Furthermore, neither parent shall discuss with the children any proposed
changes to the physical custody schedule, or any other issue requiring consultation and agreement,
prior to discussing the matter and reaching an agreement with the other parent.
7. With regard to any emergency decisions which must be made, the parent with whom
the children are physically residing at the time shall be permitted to make the decision necessitated
by the emergency without consulting the other parent in advance. However, that parent shall inform
the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a
routine nature shall be the responsibility of the parent having physical custody at the time.
8. Each parent shall be entitled to complete and full information from any doctor,
dentist, teacher or authority and have copies of any reports given to them as a parent. Such
documents include, but are not limited to, medical reports, academic and school report cards, birth
certificates, etc. Both parents may and are encouraged to attend school conferences and activities.
9. Neither parent shall schedule activities or appointments for the children which would
require their attendance or participation at said activity or appointment during a time when they are
scheduled to be in the physical custody of the other parent without that parent's express prior
approval.
10. The parties hereby acknowledge that they have discussed and jointly made the
2
following decisions:
a. The parties agree that Jay A. Townsend, M.D., will continue to be the
children's pediatrician and accordingly, will provide medical treatment to the
children when necessary.
b. The parties acknowledge that they each expect the children to attend college
and post-high school training if they are good students with a high
probability of gaining entrance and succeeding in college. The parties agree
that they shall each be actively involved in the selection of an appropriate
post-high school education for the children and that the choice of any college
or institution shall be mutually agreed upon by Father, Mother and the
children, taking into consideration the parents' then financial ability and
economic circumstances, and the children's needs, desires, talents and
aptitudes for post-high school education.
II. PHYSICAL CUSTODY
Father shall have primary physical custody of Mackenzie and Morgan. Mother shall have
primary physical custody of Madelyn. Mother and Father shall share legal custody of all three
children. Unless the parties agree to otherwise, the following visitation schedule shall apply:
1. On Tuesdays, Mother shall have custody of all three children from 5:30 p.m.
until 9:30 p.m.
2. On Thursdays, Father shall have custody of all three children from 5:30 p.m.
until 9:30 p.m.
3. The parties will alternate weekends from Friday at 5:30 p.m. until Sunday at
7:00 p.m., keeping all three children together.
4. Mother and Father shall each get two weeks in the summer for vacation with
a 30 day notice to other party.
5. Easter Sunday with Mother in odd years and with Father in even years.
6. Thanksgiving Day shall be with Father in odd years, Mother in even years.
7. Mother shall have custody of the children on the Friday and Monday after
3
Thanksgiving every year.
8. Father shall have December 23'3 at 5:30 p.m. through Christmas Day,
December 25 at 3:00 p.m. with all three children. Mother shall have the
children on December 25 from 3:00 p.m. through December 27 at 5:30 p.m.
9. All three children with Father on Father's Day every year.
10. All three children with Mother on Mother's Day every year.
11. All remaining holidays shall be by mutual agreement.
12. Each parent shall have physical custody of the children for attendance at
family funerals, near death situations and at weddings with reasonable notice
to the other parent.
III. TELEPHONE PRIVILEGES
The parties agree that there shall be reasonable telephone access between the children and
both parents. The children shall be permitted free access to place calls to their parents at any time
they desire.
N. PRIVATE SCHOOL
The parties agree that the children shall continue to attend private school, the cost of which
shall be paid by Mother.
V. RELOCATION
The parties have negotiated the custody and partial custodyportions of this Agreement based
upon existing circumstances, and in particular, based upon Mother's and Father's current residences
in Cumberland County, Pennsylvania. If either parent desires to establish a residence more than
twenty (20) miles from his or her present residence, he or she shall give the other parent at least
ninety (90) days' written notice in advance of the proposed move, in order to give the parties the
opportunity to confer, prior to the relocation, and to establish a mutually satisfactory arrangement
as to custody and partial custody in light of the changed circumstances. In the event that the parties
are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have
jurisdiction over them to fashion an appropriate custody/partial custody order.
This Stipulation shall be entered as an Order of the Court.
William F. Muet
Galen R.
Attorney
Date:
Qltiti r l k"-3
Dawn A Shughart, Ef'e'fendant
Je ' r . Spears, Esquire
4
Atto ey for Defendant
BY THE COURT:
, J.
F:MLE6\DATAFILE\G n¢d\Cvueni\1 1018.23.cnsnHp
Crested; ]130(04 9:12AM
Revised; &22/05 3:I6PM
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RECEIVED JUN 3 01005 ,i
Jennifer L. Spears, Esquire
I.D. 87445
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
WILLIAM F. SHUGHART,
Plaintiff
V.
DAWN M. SHUGHART,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-3016 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
STIPULATION FOR AN AGREED ORDER OF CUSTODY
AND NOW, the parties, by and through their attorneys, stipulate and agree as follows:
1. LEGAL CUSTODY
The parties hereby agree to share legal custody of the minor children, Madelyn
(DOB 1/9/96), Mackenzie (DOB 1/20/00), and Morgan (DOB 3/28/03). All decisions affecting the
children's growth and development including, but not limited to: choice of camp, if any; choice of
day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment;
decisions relating to actual or potential litigation involving the children, directly or as beneficiary,
other than custody litigation; education, both secular and religious; scholastic athletic pursuits and
other extracurricular activities; shall be considered major decisions and shall be made by the parents
jointly, after discussion and consultation with each other and with a view towards obtaining and
following a harmonious policy in the children's best interest.
2. Each party agrees to keep the other informed of the progress of the children's
education and social adjustments. Each party agrees not to impair the other party's right to shared
legal or physical custody of the children, Each party agrees to give; support to the other in the role
as parent and to take into account the consensus of the other for the physical and emotional well-
being of the children.
3. While in the presence of the children, neither parent shall make or permit any other
person to make, any remarks or do anything which could in any way be construed as derogatory or
uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other
parent as one whom the children should respect and love.
4. It shall be the obligation of each parent to make the children available to the other in
accordance with the physical custody schedule and to encourage; her to participate in the plan hereby
agreed and ordered.
5. Each parent shall have the duty to notify the other of any event or activity that could
reasonably be expected to be of significant concern to the other parent.
6. The parents shall communicate directly with one another concerning any parenting
issue requiring consultation and agreement and regarding anyproposed modifications to the physical
custody schedule, which may from time to time become necessary, and shall specifically not use the
children as messengers. Furthermore, neither parent shall discuss with the children any proposed
changes to the physical custody schedule, or any other issue requiring consultation and agreement,
prior to discussing the matter and reaching an agreement with the other parent.
With regard to any emergency decisions which must be made, the parent with whom
the children are physically residing at the time shall be permitted to make the decision necessitated
by the emergency without consulting the other parent in advance. However, that parent shall inform
the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a
routine nature shall be the responsibility of the parent having physical custody at the time.
8. Each parent shall be entitled to complete and full information from any doctor,
dentist, teacher or authority and have copies of any reports given to them as a parent. Such
documents include, but are not limited to, medical reports, academic and school report cards, birth
certificates, etc. Both parents may and are encouraged to attend school conferences and activities.
9. Neitherparent shall schedule activities or appointments for the children which would
require their attendance or participation at said activity or appointment during a time when they are
scheduled to be in the physical custody of the other parent without that parent's express prior
approval.
10. The parties hereby acknowledge that they have discussed and jointly made the
2
following decisions:
a. The parties agree that Jay A. Townsend, M.D., will continue to be the
children's pediatrician and accordingly, will provide medical treatment to the
children when necessary.
b. The parties acknowledge that they each expect the children to attend college
and post-high school training if they are good students with a high
probability of gaining entrance and succeeding in college. The parties agree
that they shall each be actively involved in the selection of an appropriate
post-high school education for the children and that the choice of any college
or institution shall be mutually agreed upon by Father, Mother and the
children, taking into consideration the parents' then financial ability and
economic circumstances, and the children's needs, desires, talents and
aptitudes for post-high school education.
II. PHYSICAL CUSTODY
Father shall have primary physical custody of Mackenzie and Morgan. Mother shall have
primary physical custody of Madelyn. Mother and Father shall share legal custody of all three
children. Unless the parties agree to otherwise, the following visitation schedule shall apply:
1. On Tuesdays, Mother shall have custody of all three children from 5:30 p.m.
until 9:30 p.m.
2. On Thursdays, Father shall have custody of all three children from 5:30 p.m.
until 9:30 p.m.
3. The parties will alternate weekends from Friday at 5:30 p.m. until Sunday at
7:00 p.m., keeping all three children together.
4. Mother and Father shall each get two weeks in the summer for vacation with
a 30 day notice to other party.
5. Easter Sunday with Mother in odd years arid with Father in even years.
6. Thanksgiving Day shall be with Father in odd years, Mother in even years.
7. Mother shall have custody of the children on the Friday and Monday after
3
Thanksgiving every year.
8. Father shall have December 23`d at 5:30 p.m. through Christmas Day,
December 25 at 3:00 p.m. with all three children. Mother shall have the
children on December 25 from 3:00 p.m, through December 27 at 5:30 p.m.
9. All three children with Father on Father's Day every year.
10. All three children with Mother on Mother's Day every year.
11. All remaining holidays shall be by mutual agreement.
12. Each parent shall have physical custody of the children for attendance at
family funerals, near death situations and at weddings with reasonable notice
to the other parent.
III. TELEPHONE PRIVILEGES
The parties agree that there shall be reasonable telephone access between the children and
both parents. The children shall be permitted free access to place calls to their parents at any time
they desire.
IV. PRNATE SCHOOL
The parties agree that the children shall continue to attend private school, the cost of which
shall be paid by Mother.
V. RELOCATION
The parties have negotiated the custody and partial custody portions of this Agreement based
upon existing circumstances, and in particular, based upon Mother's and Father's current residences
in Cumberland County, Pennsylvania. If either parent desires to establish a residence more than
twenty (20) miles from his or her present residence, he or she shall give the other parent at least
ninety (90) days' written notice in advance of the proposed move, in order to give the parties the
opportunity to confer, prior to the relocation, and to establish a mutually satisfactory arrangement
as to custody and partial custody in light of the changed circumstances. In the event that the parties
are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have
jurisdiction over them to fashion an appropriate custody/partial custody order.
4
This Stipulation shall be entered as an Order of the Court.
? Ilk)
Galen R. Waltz,
Attorney for Pla
Date: - / -
2 way?..
Esquire
BY
, J.
U 1 :£ Wd I - Inn SOOZ
AbYiQNOH.iflad 3HI dO
33!110-03113
IN RE: CONDEMNATION BY UPPER
ALLEN TOWNSHIP FOR SEWER
RIGHT-OF-WAY OF LAND IN AN
UNDEDICATED PUBLIC ALLEY IN
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. OS- 3133
THE VILLAGE OF BOWMANSDALE : CIVIL ACTION-LAW
EMINENT DOMAIN PROCEEDINGS - IN REM
AFFIDAVIT OF SERVICE
I, WILLIAM E. MILLER, JR., hereby certify that I am a member of the Cumberland
County Bar and Township Solicitor for Upper Allen Township, Cumberland County, Pennsylvania,
and that, on 29 June 2005, I personally served copies of the following documents in the above
captioned eminent domain proceedings by mailing them via U. S postal service, regular mail to:
Frank G. Apa & Jennifer L. Apa
131 East Lisburn Road
Mechanicsburg, PA 17055
Robert H. Bruckner
2527 Chestnut Street
Mechanicsburg, PA 17055
William T. Pfarr & Stephanie D. Hudson
123 East Lisburn Road
Mechanicsburg, PA 17055
Gary B. Powles
125 East Lisburn Road
Mechanicsburg, PA 17055
John E. Roth & Louise H. Roth
127 East Lisburn Road
Mechanicsburg, PA 17055
Hilary Simpson & Jerry T. Simpson
137 East Lisburn Road
Mechanicsburg, PA 17055,
adjoining property owners who share reversionary interest in the undedicated public alley, Cherry
Alley, in the Village of Bowmansdale.
L Notice to Condemnees of Filing of Declaration of Taking.
2. Declaration of Taking.
3. Notice to Recorder of Deeds of Filing of Declaration of Taking.
4. Memorandum of Recording.
MILLER & ASSOCIATES, PC
William EM' Jr., To p Solicitor
Ass t Township Solicitor
Alicia S. Miller?treet
Attorney ID 0and 82099
1822 Market Camp Hill, PA 17011
(717) 737-9210
Attorneys for Condemnor,
Upper All'Ien Township
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
. SS.
I, WILLIAM E. MILLER, JR., being duly sworn according to law, depose and say that I
am Solicitor of Upper Allen Township, that I make this Affidavit on its behalf, being authorized so
to do; and that the facts set forth in the foregoing Affidavit of Service are true and correct to the best
of my knowledge, or to the best of my information and belief.
WILLIAM E. MILLER,
Sworn to and subscribed
before me this &q"*' day
of 3L.Lru . , 2005.
Notary Public
My Commission Expires: OTARIAL SE i
LMA.RJORIENL JOHNSONNotary Public
Hill Boro.Cumbeda ri Couty
inis>ior Expires Apnl 15, 2007
O Q
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IN RE: CONDEMNATION BY UPPER IN THE COURT OF COMMON PLEAS OF
ALLEN TOWNSHIP FOR SEWER CUMBERLAND COUNTY, PENNSYLVANIA
RIGHT-OF-WAY OF LAND IN AN
UNDEDICATED PUBLIC ALLEY IN NO. 05-3133
THE VILLAGE OF BOWMANSDALE : CIVIL ACTION-LAW
: EMINENT DOMAIN PROCEEDINGS - IN REM
NOTICE TO CONDEMNEES OF FILING OF
DECLARATION OF TAKING
To:
Frank G. Apa & Jennifer L. Apa
131 East Lisburn Road
Mechanicsburg, PA 17055
Robert H. Bruckner
2527 Chestnut Street
Mechanicsburg, PA 17055
William T. Pfarr & Stephanie D. ]Hudson
123 East Lisburn Road
Mechanicsburg, PA 17055
Gary B. Powles
125 East Lisburn Road
Mechanicsburg, PA 17055
John E. Roth & Louise H. Roth
127 East Lisburn Road
Mechanicsburg, PA 17055
Hilary Simpson & Jerry T. Simpson
137 East Lisburn Road
Mechanicsburg, PA 17055,
adjoining property owners who share reversionary interest in the undedicated public alley, Cherry
Alley, in the Village of Bowmansdale.
Attached hereto find a true and correct copy of Declaration of Taking, the original of which
was filed of record in the Office of the Prothonotary of the Court of Common Pleas for Cumberland
County, Pennsylvania, on 16 June 2005, and docketed to No. 05-3133.
You are advised that by virtue of said Declaration of Taking an easement was condemned
across property in which you have a claim or interest, as more particularly described in said
Declaration of Taking and as set out on a plot plan which accompanies this Notice.
You are further notified that if you desire to present any objection or defense to the power
or the right of the Township of Upper Allen to condemn this property, the sufficiency of the security,
the procedure followed by the Township of Upper Allen, or the Declaration of Taking, you are
required to file Preliminary Objections within thirty (30) days after service of this notice. All defenses
and objections not so presented are waived.
MILLER,& ASSOCIATES, PC
William E. Miller, Jr.,
Alicia S. Miller, Assisi
Attorney ID 0722 are
1822 Market Street
Camp Hill, PA 17011
(717) 737-9210
ot 'Township Solicitor
Township Solicitor
82099
Attorneys for Condemnor,
Upper Allen Township
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
. SS.
I, WILLIAM E. MILLER, JR., being duly sworn according to law, depose and say that I
am Solicitor of Upper Allen Township, that I make this Affidavit on its behalf, being authorized so
to do; and that the facts set forth in the foregoing Notice to Condemnee of Filing of Declaration of
Taking are true and correct to the best of my knowledge, or to tine best of my information and belief.
WILLIAM E. MILLER
Sworn to and subs40ed
before me this L61 day
of 3O,t1Q_, , 2005.
awtj'rke 4 3okm'4K)
Notary Public
My Commission Expires: NOTARIAL SEAL
MARJORIE L JOHNSON, Not;,ry IG
/(? 7 Camp Hill Boro., Cumberland Caunty
[ M CommissionExpresA 'ii5.?rP6?
a
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i
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:
IN RE: CONDEMNATION BY UPPER
ALLEN TOWNSHIP FOR SEWER
RIGHT-OF-WAY OF LAND IN AN
UNDEDICATED PUBLIC ALLEY IN
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-3133
THE VILLAGE OF BOWMANSDALE : CIVIL ACTION-LAW
EMINENT DOMAIN PROCEEDINGS - IN REM
MEMORANDUM OF RECORDING
TO THE PROTHONOTARY:
Please be advised that in accordance with Section 404 of the Eminent Domain Code, 26 P. S.
§ 1-404, you are hereby notified that the Notice to Recorder of Deeds of Filing of Declaration of
Taking in the above captioned matter is now recorded in the Office of the Recorder of Deeds of
Cumberland County, Pennsylvania in Miscellaneous Record Book 718, Page 2168.
Date: 29 June 2005 MILLER & ASSOCIATES, PC
William E. Miller, Jr., T ship Solicitor
Alicia S. Miller, A ,ssisfant Township Solicitor
Attorney 111) 07220 and 82099
1822 Market Street
Camp Hill, PA 17011
(717)737.9210
Attorneys for Condemnor,
Upper Allen Township
n ? OO
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F:\FLLESDATAFILE\GeoerNCumeot\11018.23.pm
CwtM: 7130104 9:12"
PWm : 7/13/05 9:11"
Jennifer L. Spears, Esquire
I.D. 87445
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
WILLIAM F. SHUGHART, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 05-3016 CIVIL TERM
DAWN M. SHUGHART, CIVIL ACTION - LAW
Defendant IN DIVORCE AND CUSTODY
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of
Defendant in the above matter.
MARTSON D O?R/F?F?WILLIAMS & OTTO
BY .(/" v /
Jennifer. Sears, Esquire
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
Dated: July 13, 2005
1
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post
Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Galen R. Waltz, Esquire
28 South Pitt Street
Carlisle, PA 17013
MARTSON DEARDORFF WILLIAMS & OTTO
Y
Tricia D. Eckenroa
East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: July 13, 2005
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-?ECEIVED JUL 21 M
WILLIAM F. SHUGART, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
DAWN M. SHUGART, NO. 2005-3016
Defendant IN CUSTODY
COURT ORDER
AND NOW, thisc;6t day of July, 2005, the Conciliator being advised the parties
have reached an agreement, the Conciliator relinquishes jurisdiction.
Hu rt X. gi(roy, Esquire
Custody nciliator
9 z ! i I z inr Satz
William F. Shughart, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :NO. 05-3016 CIVIL TERM
Dawn M. Shughart, : CIVIL ACTION - CUSTODY
Defendant
PRAECIPE TO SUBMIT TO JUDGE GUIDO:
REVISED STIPULATION FOR AN AGREED ORDER OF CUSTODY
1. A Stipulation for an Agreed Order of Custody was signed by the
Honorable Judge Edward Guido on July 1, 2005.
2. On August 15, 2005, Mother provided primary physical custody of the third
child, Madelyn, to Father.
3. A Stipulated Support Order adding the third child, Madelyn, into Father's
custody was made effective September 1, 2005.
4. The attached Revised Stipulation for an Agreed Order of Custody adds
the third child, Madelyn, into Father's primary physical custody.
Respectfully Submitted
TURO LAW OFFICES
/ oS
Da e
cc: Jennifer L. Spears, Esquire
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
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F:\FILES\DATAFILE\GenerahCurrent\I 1018.23.cu51S1JPb
Cre6oed: 1130!06 9AIAM
Revised: 9/2/05 3:45PM
Jennifer L. Spears, Esquire
I.D. 87445
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
WILLIAM F. SHUGHART,
Plaintiff
V.
DAWN M. SHUGHART,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-3016 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
REVISED STIPULATION FOR AN AGREED ORDER OF CUSTODY
AND NOW, the parties, by and through their attorneys, stipulate and agree as follows:
All prior Custody orders are VACATED;
1. LEGAL CUSTODY
1. The parties hereby agree to share legal custody of the minor children, Madelyn
(DOB 1/9/96), Mackenzie (DOB 1/20/00), and Morgan (DOB 3/28/03). All decisions affecting the
children's growth and development including, but not limited to: choice of camp, if any; choice of
day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment;
decisions relating to actual or potential litigation involving the children, directly or as beneficiary,
other than custody litigation; education, both secular and religious; scholastic athletic pursuits and
other extracurricular activities; shall be considered major decisions and shall be made by the parents
jointly, after discussion and consultation with each other and with a view towards obtaining and
following a harmonious policy in the children's best interest.
2. Each party agrees to keep the other informed of the progress of the children's
education and social adjustments. Each party agrees not to impair the other party's right to shared
legal or physical custody of the children. Each party agrees to give support to the other in the role
as parent and to take into account the consensus of the other for the physical and emotional well-
1
being of the children.
I While in the presence of the children, neither parent shall make or permit any other
person to make, any remarks or do anything which could in any way be construed as derogatory or
uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other
parent as one whom the children should respect and love.
4. It shall be the obligation of each parent to make the children available to the other in
accordance with the physical custody schedule and to encourage her to participate in the plan hereby
agreed and ordered.
Each parent shall have the duty to notify the other of any event or activity that could
reasonably be expected to be of significant concern to the other parent.
The parents shall communicate directly with one another concerning any parenting
issue requiring consultation and agreement and regarding anyproposed modifications to the physical
custody schedule, which may from time to time become necessary, and shall specifically not use the
children as messengers. Furthermore, neither parent shall discuss with the children any proposed
changes to the physical custody schedule, or any other issue requiring consultation and agreement,
prior to discussing the matter and reaching an agreement with the other parent.
With regard to any emergency decisions which must be made, the parent with whom
the children are physically residing at the time shall be permitted to make the decision necessitated
by the emergency without consulting the other parent in advance. However, that parent shall inform
the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a
routine nature shall be the responsibility of the parent having physical custody at the time.
8. Each parent shall be entitled to complete and full information from any doctor,
dentist, teacher or authority and have copies of any reports given to them as a parent. Such
documents include, but are not limited to, medical reports, academic and school report cards, birth
certificates, etc. Both parents may and are encouraged to attend school conferences and activities.
9. Neither parent shall schedule activities or appointments for the children which would
require their attendance or participation at said activity or appointment during a time when they are
scheduled to be in the physical custody of the other parent without that parent's express prior
approval.
10, The parties hereby acknowledge that they have discussed and jointly made the
following decisions:
a. The parties agree that Jay A. Townsend, M.D., will continue to be the
children's pediatrician and accordingly, will provide medical treatment to the
children when necessary.
b. The parties acknowledge that they each expect the children to attend college
and post-high school training if they are good students with a high
probability of gaining entrance and succeeding in college. The parties agree
that they shall each be actively involved in the selection of an appropriate
post-high school education for the children and that the choice of any college
or institution shall be mutually agreed upon by Father, Mother and the
children, taking into consideration the parents' then financial ability and
economic circumstances, and the children's needs, desires, talents and
aptitudes for post-high school education.
H. PHYSICAL CUSTODY
Father shall have primary physical custody ofMadelyn, Mackenzie and Morgan. Mother and
Father shall share legal custody of all three children. Unless the parties agree to otherwise, the
following visitation schedule shall apply:
1. On Tuesdays, Mother shall have custody of all three children from 5:30 p.m.
until 9:30 p.m.
2. Mother shall have alternating weekends from Friday at 5:30 p.m. until
Sunday at 7:00 p.m. with all three children.
3. Mother and Father shall each get two weeks in the summer for vacation with
a 30 day notice to other party.
4. Easter Sunday with Mother in odd years and with Father in even years.
5. Thanksgiving Day shall be with Father in odd years, Mother in even years.
3
6. Mother shall have custody of the children on the Friday and Monday after
Thanksgiving every year.
Father shall have December 23rd at :5:30 p.m. through Christmas Day,
December 25 at 3:00 p.m. with all three children. Mother shall have the
children on December 25 from 3:00 p.m. through December 27 at 5:30 p.m.
8. All three children with Father on Father's Day every year.
9. All three children with Mother on Mother's Day every year.
10. All remaining holidays shall be by mutual agreement.
11. Each parent shall have physical custody of the children for attendance at
family funerals, near death situations and at weddings with reasonable notice
to the other parent.
III. TELEPHONE PRIVILEGES
The parties agree that there shall be reasonable telephone access between the children and
both parents. The children shall be permitted free access to place calls to their parents at any time
they desire.
IV. PRIVATE SCHOOL
The parties agree that the children shall continue to attend private school, the cost of which
shall be paid by Mother.
V. RELOCATION
The parties have negotiated the custody and partial custody portions of this Agreement based
upon existing circumstances, and in particular, based upon Mother's and Father's current residences
in Cumberland County, Pennsylvania. If either parent desires to establish a residence more than
twenty (20) miles from his or her present residence, he or she shall give the other parent at least
ninety (90) days' written notice in advance of the proposed move, in order to give the parties the
opportunity to confer, prior to the relocation, and to establish a mutually satisfactory arrangement
as to custody and partial custody in light of the changed circumstances. In the event that the parties
are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have
jurisdiction over them to fashion an appropriate custody/partial custody order.
4
This Stipulation shall be a ered as an Order of the Court.
/w M
4e?L? -
William . Shugh , Pla if Dawn M. Shughart, De ndant
alen R. W z, ire Jenuufe Spears, Esquire
Attorney for Plaintiff Attorney for Defendant
BY THE COURT:
J.
Date:
p
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ON
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Fr\FILES\DATAF'ILE\Central\Current\I(01AEb.euRstlpb
C'reatedv 9130/04 9:IIAM
Revised: 9/2105 3:05PM
Jennifer L. Spears, Esquire
I.D. 87445
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
WILLIAM F. SHUGHART,
Plaintiff
V.
DAWN M. SHUGHART,
Defendant
RECEIYEC SL-P 1 6 X05
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-3016 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
REVISED STIPULATION FOR AN AGREED ORDER OF CUSTODY
AND NOW, the parties, by and through their attorneys, stipulate and agree as follows:
All prior Custody orders are VACATED;
I. LEGAL CUSTODY
1. The parties hereby agree to share legal custody of the minor children, Madelyn
(DOB 1/9/96), Mackenzie (DOB 1/20/00), and Morgan (DOB 3/28/03). All decisions affecting the
children's growth and development including, but not limited to: choice of camp, if any; choice of
day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment;
decisions relating to actual or potential litigation involving the children, directly or as beneficiary,
other than custody litigation; education, both secular and religious; scholastic athletic pursuits and
other extracurricular activities; shall be considered major decisions and shall be made by the parents
jointly, after discussion and consultation with each other and with a view towards obtaining and
following a harmonious policy in the children's best interest.
2. Each party agrees to keep the other informed of the progress of the children's
education and social adjustments. Each party agrees not to impair the other party's right to shared
legal or physical custody of the children. Each party agrees to give support to the other in the role
as parent and to take into account the consensus of the other for the physical and emotional well-
1
being of the children.
While in the presence of the children, neither parent shall make or permit any other
person to make, any remarks or do anything which could in any way be construed as derogatory or
uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other
parent as one whom the children should respect and love.
4. It shall be the obligation of each parent to make the children available to the other in
accordance with the physical custody schedule and to encourage her to participate in the plan hereby
agreed and ordered.
5. Each parent shall have the duty to notify the other of any event or activity that could
reasonably be expected to be of significant concern to the other parent.
6. The parents shall communicate directly with one another concerning any parenting
issue requiring consultation and agreement and regarding anyproposed modifications to the physical
custody schedule, which may from time to time become necessary, and shall specifically not use the
children as messengers. Furthermore, neither parent shall discuss with the children any proposed
changes to the physical custody schedule, or any other issue requiring consultation and agreement,
prior to discussing the matter and reaching an agreement with the other parent.
With regard to any emergency decisions which must be made, the parent with whom
the children are physically residing at the time shall be permitted to make the decision necessitated
by the emergency without consulting the other parent in advance. However, that parent shall inform
the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a
routine nature shall be the responsibility of the parent having physical custody at the time.
8. Each parent shall be entitled to complete and full information from any doctor,
dentist, teacher or authority and have copies of any reports given to them as a parent. Such
documents include, but are not limited to, medical reports, academic and school report cards, birth
certificates, etc. Both parents may and are encouraged to attend school conferences and activities.
9. Neither parent shall schedule activities or appointments for the children which would
require their attendance or participation at said activity or appointment during a time when they are
scheduled to be in the physical custody of the other parent without that parent's express prior
approval.
2
10. The parties hereby acknowledge that they have discussed and jointly made the
following decisions:
a. The parties agree that Jay A. Townsend, M.D., will continue to be the
children's pediatrician and accordingly, will provide medical treatment to the
children when necessary.
b. The parties acknowledge that they each expect the children to attend college
and post-high school training if they are good students with a high
probability of gaining entrance and succeeding in college. The parties agree
that they shall each be actively involved in the selection of an appropriate
post-high school education for the children and that the choice of any college
or institution shall be mutually agreed upon by Father, Mother and the
children, taking into consideration the parents' then financial ability and
economic circumstances, and the children's needs, desires, talents and
aptitudes for post-high school education.
11. PHYSICAL CUSTODY
Father shall have primary physical custody ofMadelyn, Mackenzie and Morgan. Mother and
Father shall share legal custody of all three children. Unless the parties agree to otherwise, the
following visitation schedule shall apply:
1. On Tuesdays, Mother shall have custody of all three children from 5:30 p.m.
until 9:30 p.m.
2. Mother shall have alternating weekends from Friday at 5:30 p.m. until
Sunday at 7:00 p.m. with all three children.
3. Mother and Father shall each get two weeks in the summer for vacation with
a 30 day notice to other party.
4. Easter Sunday with Mother in odd years and with Father in even years.
5. Thanksgiving Day shall be with Father in odd years, Mother in even years.
3
6. Mother shall have custody of the children on the Friday and Monday after
Thanksgiving every year.
Father shall have December 23`d at 5:30 p.m. through Christmas Day,
December 25 at 3:00 p.m. with all three children. Mother shall have the
children on December 25 from 3:00 p.m. through December 27 at 5:30 p.m.
8. All three children with Father on Father's Day every year.
9. All three children with Mother on Mother's Day every year.
10. All remaining holidays shall be by mutual agreement.
11. Each parent shall have physical custody of the children for attendance at
family funerals, near death situations and at weddings with reasonable notice
to the other parent.
III. TELEPHONE PRIVILEGES
The parties agree that there shall be reasonable telephone access between the children and
both parents. The children shall be permitted free access to place calls to their parents at any time
they desire.
IV. PRIVATE SCHOOL
The parties agree that the children shall continue to attend private school, the cost of which
shall be paid by Mother.
V. RELOCATION
The parties have negotiated the custody and partial custody portions ofthis Agreement based
upon existing circumstances, and in particular, based upon Mother's and Father's current residences
in Cumberland County, Pennsylvania. If either parent desires to establish a residence more than
twenty (20) miles from his or her present residence, he or she shall give the other parent at least
ninety (90) days' written notice in advance of the proposed move, in order to give the parties the
opportunity to confer, prior to the relocation, and to establish a mutually satisfactory arrangement
as to custody and partial custody in light of the changed circumstances. In the event that the parties
are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have
jurisdiction over them to fashion an appropriate custody/partial custody order.
4
This Stipulation shall be
Galen R. W,
Attorney for
Date: [ I
as an Order of the Court.
QW m
Dawn A Shughart, De ndant
Jennife pears, Esquire
Attorney for Defendant
BY T OUR
J.
09-m-0
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°D :i Ind 61 d3S S06Z
Aa'gjON Hi(-ad 341 AO
DIKHIPR?
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
N
William F Shughart
Plaintiff
VERSUS
No. 05-3016
Dawn M. Shughart
Defendant
DECREE IN
DIVORCE
AND NOW, p ?? - :Foe
DECREED THAT William F. Shughart
AND Dawn M. Shughart
2005 , IT IS ORDERED AND
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; None
Separation and Property Settlement Agreement is incorporated
herein but not merged in the DjyQ-z Decree.
ATTEST: J.
PROTHONOTARY
4' /eW
f7'-l
WILLIAM F. SHUGHART,
Plaintiff
V.
DAWN M. SHUGHART,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 05- 3016 CIVIL TERM
: IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY ORDER
AND NOW, comes the Defendant, Dawn M. Shughart, by and through her
attorney, Lindsay D. Baird, Esquire, and avers the following:
A custody order was entered by this Honorable Court as a result of the
parties' agreement on September 19, 2005. A copy of the order is
attached and marked Exhibit A.
2. Defendant, Mother, requests more time with her children:
A. Thursday 5:00 P.M. to Monday 10:A.M. (or school) every other
weekend.
B. On her off weeks, Thursday 5:00 P.M. to Friday 10:00 A.M. and the
Monday after Father's weekend from 5:00 P.M. to Tuesday 5:00 P.M.
C. As Father is now working, Mother wants first choice to be with the girls
rather than them going to a sitter.
D. Mother wishes the weekend schedule to switch to permit her fiancL&
and his child to have their custody weekends with hers to allow the
children to have activities together which they enjoy. Mother is agreeable
to Father having two custody weekends in a row to affect this change.
WHEREFORE, Defendant requests these modifications to the custody order be
granted as more time with Mother is in the children's best interest. The parties are
scheduled to have a conciliation on Thursday, July 20, 2006, at 8:30 A.M., with Hubert
X. Gilroy, Esquire.
dsay D. ird, Esquire
7 South Hanover Street
Carlisle, PA 17043
(717) 243-5732
I verify that to the best of my knowledge and belief, the statements in the foregoing document
are true and correct. I understand that false statements herein are made subject to the
penalties of 18 PaCS §4904 relating to unsworn falsification to authorities.
Dawn M. Shughart
Jun.16. 2006 12:02PM DAWN AND ASSOCIATES REALTY
l:Wa-E ATAAM An&&W- mulaaa..Noto
re..air 74M4 MUM
UVW0 WM 3wwm
Jennifer L. Spears, Esquire
LD. 87445
MARTSON DEARDORFF W'1LLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
No. 2474 P. 4
III
,ED
RECE JL.1
P
r3
cr
WILLIAM F. SITUGHART,
Plaintiff
V.
DAWN M. SMJGHART,
Defendant
: IN THE COURT of COMMON P ": CUMHERL,AND COUNTY, PENNSYLVANIA,
NO. 05-3016 CIVIC, TERM
CIVII:. ACTION - LAW
IN DIVORCE
RFA=n ST1p1j1-,.A3]M FOR AN AGREED ORDER OF CUSMM
AND NOW, the parties, by and through their attorneys, stipulate and agree as follows:
All prior Custody orders are VACATED;
I. The parties hereby agree to share legal custody of the minor children, Madelyn
(DOB 1/9/96), Mackenzie (DOB 1/20/00), and Morgan (DOH 3128/03). All decisions affecting the
children's growth and development including, but not limited to: choice of camp, if any; choice of
day care provider, medical and dental treatment; psychotherapy, psychoanalysis, or like treatment;
decisions relating to actual or potential litigation involving the children, directly or as beneficiary,
other thaw custody litigation; education, bath secular and religious; scholastic athletic pursuits and
other extracurricular activities; shall be considered major decisions and shall be made by the parents
jomdY, aft discussion and consultation with each other and with a view towards obtaining and
following a harmonious policy in the children's best interest.
2. Each ply agrees to keep the other informed of the progrmss of the children's
education and social adjustments. Each party agrees not to impair the other party's right to shared
legal or physical custody of the children. Each party agrees to give support to the other in the role
as parent and to take into account the consensus of the other for the physical and emotional well-
i
Jun.16. 2006 12:02PM DAWN AND ASSOCIATES REALTY
No. 2474 P. 5
being of the children.
3. While in the presence of the children, neither parent shall make or permit any other
person to make. any remarks or do anything which could in any way be construed as derogatory, or
uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other
parent as one whom the children should respect and love.
4. It shall be the obligation of each parent to make the children available to the other in
accordance with the physical custody schedule and to encourage her to participate in the plan hereby
agreed and ordered.
5. 8aeh pazent shall have the duty to notify the other of any event or activity that could
reasonably be expected to be of significant concern to the other parent.
6. The parents shall communicate directly with ome another concerning any parenting
issue requiring consultation and agreement and regarding anypmposed modifications to the physical
custody schedule. which may from time to time become necessary, and shall specifically not use the
children as messengers. 'Furthermore, neither parent shall discuss with the children any proposed
a to rho physical custody schedule, or any other issue requiring consultation and ag memaent.
prior to discussing the matter and reaching an agreement with the other parent.
7. ; With rogar d to any emergency decisions which must be made, the parent with whom
the children are physically residing at the time shall be permitted to mare the decision necessitated
_ . by the emergency without consulting the other patent in advance However, that part shall inform
the other of the emergency and consult with him/her as soon as possible. Day-today decisions of a
routine nature shall be the responsibility of the parent having physical custody at the time.
8. Each parent shall be entitled to complete and dill information from any doctor,
denti4 teacher or authority and have copies of any reports given to them as a patent Such
documents include, but are not limited to, medical reports, academic and school report cards, birth
certificates, etc. Both parents may and are encouraged to attend school Conferences and activities.
9. Neitherpatwu shall schedule activities or appointments for the children which would
require their attendance or participation at said activity or appointment during a time when they are
scheduled to be in the physical custody of the other, parent without that parent's express prior
approval.
2
Jun.16. 2006 12:02PM DAWN AND ASSOCIATES REALTY
No. 2474 P. 6
10. The parties hereby acknowledge that they have discussed and jointly made the
following decisions:
a. The parties agree that ray A. Townsend, M.D., will continue to be the
children's pediatrician and accordingly, will provide medical treatment to the
children when necessary.
b. The parties acknowledge that they each export the children to attend college
and post-high school training if they are good students with a high
probability of gaining entrance and succeeding in college. The parties agree
that they shall each be actively involved in the selection of an appnpjate
post-high school education for the children and thaft choice of any college
or institettion shall be mutually agreed upon by Father, Mother and the
children, taking into consideration the pareaw then financial ability and
economic circumstances, and the children's needs„ desires, talents and
aptitudes for post-high school education.
, Father shall havoprimary physical custody of Madelyn, Mackenzie and Morgan,. Mothe rand
Father shall share legal custody of all three children. Unless the parties; agree to otherwise, the
following visitation schedule shall apply:
I . On Tuesdays, Mother shall have custody of all three children fiom 5:30 p.m.
until 9:30 p.m.
2. Mother shall have alternating weekends from Friday at 5:30 p.m. until
Sunday at 7:00 p.m. with all three children.
3. Mother and Father shall each get two weeks in the summer for vacation with
a 30 defy notice to other party.
4. Easter Sunday with Mother in odd years and with Father in even years.
5. Thanksgiving Day shall be with Father m odd years, Mother m even years.
3
Jun.16. 2006 12:02PM DAWN AND ASSOCIATES REALTY No.2474 P. 7
6.
Mother shall have custody of the children on the Friday and Monday after
Thanksgiving every year.
7. Father shall have DwA tuber 231d at 5:30 pan. through Christmas Day,
December 25 at 3:00 p.m. with all three children. Mother shall have the
children on December 25 from 3:00 p.m. through December 27 at 5:30 p.m.
8. All tbree children with Father on Father's Day every year.
9. All three children with Mother on Mother's Day every year.
10. All remaining holidays shall be by mutual agreement.
11. Each--parent shall have physical custody of the children for attendance at
family funerals, new death situations and at weddings with reasonable notice
to the other parent.
M. TELEPHONE KB FrgC
The parties agree that there shall be reasonable telephone access between the children and
both Pa3+enta. The children shall be permitted free access to place calls to their parents at any time
they desire.
The parties agree that the children shall continue to attend private school, the cost of which
shall be paid by Mother.
V. t?rnrALUO v
The parties have mated the custodyandpartial custodyportions oftbis Agent based
upon existing circumstances, and in particular, based upon Mother's and Father's c=ent residences
in Cumberland County, P®nsylvattia. If either parent desires to establish a residence more than
twenty (20) miles from his or her present residence, he or she shall give the other parent at least
ninety (90) days' written notice in advance of the proposed move, in order to give the patties the
opportunity to confer, prior to the relocation, and to establish a mutually satisfactory, wwg=ew
as to custody and partial custody in light of the changed circumstances. In the event that the parties
areumbleto reach anagreemant, then the court of CommonPleas ofCumberland Countyshallhave
jurisdiction over them to fashion an appropriate custody/partial custody order.
4
Jun.16. 2006 12:02PM DAWN AND ASSOCIATES REALTY No.2474 P. 8
This Stipulation aba be entered as an Order of the Court.
William 39.
Gillen R. Wi
Attorney for
Date: 949ya!?-
a, Dawn M. Shugbar4 afeadant
1226?4-1?9
J Spears, Esquire
Attorney for Defendant
BY THE COURT:
J.
5
''e'we copy
It 'Tlany wherw
and t of mid f
411
c
3
JUL 2 5 2006
WILLIAM F. SHUGHART, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
DAWN M. SHUGHART, : NO. 05-3016
Defendant : IN CUSTODY
COURT ORDER
AND NOW, this day of July, 2006, upon consideration of the attached
Custody Conciliation report, it is ordered and directed that this Court's prior Order of
September 19, 2005 is affirmed with the modifications as set forth below:
1. The parties shall modify the alternating weekend schedule to switch a weekend
as requested by the mother.
2. Both parties shall enjoy the right of rust refusal to provide daycare for the
minor children in the event the custodial parent is unable to provide care for
the children for three hours or more as a result of work or some other
commitment. In such circumstance, the custodial parent will contact the non-
custodial parent to offer them the first opportunity to provide daycare, and it
will be the option of the non-custodial parent at that time as to whether he or
she is available to provide such care.
3. The parties will initiate counseling for Madelyn in order to address any issues
between Madelyn and her mother. Both parties will cooperate in this
counseling and insure that Madelyn is present at the sessions. Both parties
shall attend any counseling sessions at the request of the counselor. Costs of
this counseling shall be paid by the mother after all applicable insurance
payments are made in connection with the counseling.
4. Upon the conclusion of the counseling or sooner if the parties so desire, legal
counsel for the parties may contact the Custody Conciliator via a letter to
initiate another Custody Conciliation Conference which may be simply a
telephone conference between the attorneys and the Conciliator.
cc:,Gl en R. Waltz, Esquire
dray D. B,airdd, qui
J ??A
Judge Edward E. Guido
I'il-±
WILLIAM F. SHUGHART,
plaintiff
v
DAWN M. SHUGHART,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
NO. 05-3016
IN CUSTODY
Prior Judge: Edward E. Guido
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the children who are the subject of this
litigation is as follows:
Madelyn L. Shughart, born January 9, 1996, Mackenzie Shughart, born January 20,
2000 and Morgan Shughart, born March 28, 2003.
2. A Conciliation Conference was held on July 20, 2006, with the following individuals
in attendance:
The father, William F. Shughart, with his counsel, Galen R. Waltz, Esquire, and the
mother, Dawn M. Shughart, with her counsel, Lindsay D. Baird, Esquire.
3. The parties agree to the entry of an Order in the form as attached.
?1-?`F Goo
DATE ert X. ilroy, Esquire
Custod onciliator
11/14/2006 TUB 14:41 PAZ 7172497334 0002/003
bpi-19.13 19:48 FROM-Cumberland County Damestla Relations 7172406248 T-547 P.003/003 F-165
N,- 05-2011, Ci v' ( NOV 15 2006
UNIBERLAND COUNTY DOMESTIC RELATIONS
Date of Application: ?`? 60 Request for Support Record Search
Name: ?'1 Li G Ly,
t)-) n _(lrinst) CIS
Address; 0019 ''i?F'>wt
Social Security Number,
?r Domestic Relations Case Number
Party Requesting Information: _
?46
? P
0*
(Telephone 2lumbar)
(Fax Number)
A Twenty Dollar (S20,00) Fee is Due per Social Security Number
Make check or money order savable to: DRS/Lien Search
INITYAL REQUEST
Has no Record in Domestic Relations as of
(Dace)
Support Arrears as of End of Month Prior to Date of A lication: S 3 000,00
Monthly Total Support Obligation. S / 0 D . DO MOnB)
The Amount shown above is reflected in the Domestic Relations Section Office of
Cumberland County, Pennsylvania. m em b e r -A= a? & a5 0000 oZ 0
Domestic Relations Cast Number: QC5 eS D"7g i 0'7.5'(0 L4
Signed:
Sc Wch Coon tor) (Date)
BRING-DOWN REQUEST
Support Arrears: $
Signed:
As Of
(Date)
(Lien coonlinator)
D.O.B.: '
(ate)
iclf P
1-71)16
*** Lien Satisfisfactaion Receipt Available Upon Request***
C? +`v
4
n fT
C: f 51
^C
William F. Shughart
Plaintiff/Petitioner
V.
Dawn M. Shughart
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-3016 CIVIL TERM
CIVIL ACTION - LAW
PETITION FOR CONTEMPT
AND NOW, comes Plaintiff/Petitioner William F. Shughart, by and through his
attorney, Galen R. Waltz, Esquire, and requests the honorable court find the defendant
in contempt of this court's November 8, 2005 Decree in Divorce that incorporated the
Marital Settlement Agreement:
1. The Plaintiff/Petitioner is William F. Shughart, an adult individual, currently
residing at 2560 Walnut Bottom Road, Carlisle, Pennsyvlanvia. 17013.
2. Defendant/Respondent is Dawn M. Shughart, an adult individual currently
residing at 920 Hamilton Street, Carlisle, Pennsylvania, 17013.
3. The Decree in Divorce was issued by the Honorable Edward E. Guido on
November 8, 2005 (Exhibit 1 attached hereto and incorporated herein as if fully
set forth) and contained a paragraph ordering that the "Separation and Property
Settlement Agreement is incorporated herein but not merged in the divorce
decree"
4. The marital settlement agreement was executed on July 13, 2005 and recorded
in the office of the Prothonotary on July 14, 2005. (Exhibit 2 attached hereto and
incorporated herein as if fully set forth).
5. Repeated demands for alimony arrearage payments as well as information
regarding the current life insurance policy have been made; the most recent
request was made on November 5, 2007 (Exhibit 3 attached hereto and
incorporated herein as if fully set forth) to which no response has occurred.
6. Paragraph 12 of the Separation and Property Settlement Agreement states at
page 7 that "wife agrees to allot $150,000.00 of her life insurance policy to
husband as beneficiary for the time period that the mortgage remains
unsatisfied... wife will provide copies of the term life insurance policy and
the policy's beneficiary designation on an annual basis to be received no
later than thirty days of the receipt of same or the anniversary date of this
agreement" ; demands to the Defendant have been made for the copies of the
current life insurance policy and the Defendant was ignored and refused to
provide evidence of the term life insurance policy.
7. Requests have also been made regarding paragraph 18 of the July 13, 2005
Marital Settlement Agreement; it is averred that the Defendant is in arrears as of
November 6, 2007 in the amount of $6207.08 of alimony since the Defendant's
last payment was July 27, 2007.
8. Demand was made of Defendant to provide a portion of the alimony arrearage
payment and to date the Defendant has refused to pay the alimony arrearage as
well as the current alimony.
9. The Defendant's failure to provide proof of a term life insurance policy providing a
beneficiary designation of the Plaintiff constitutes a breech of the Marital
Settlement Agreement and therefore according to paragraphs 25 of the Marital
Settlement Agreement the Plaintiff has the right to "sue for damages for such
breech as well as....payment of reasonable legal fees and costs incurred... in
enforcing rights under the Marital Settlement Agreement"
10. It's also averred that the Defendant has breeched the Marital Settlment
Agreement by failing to provide alimony in accordance with paragraph 18 of the
Marital Settlement Agreement.
WHEREFORE, the Plaintiff requests that a hearing in this matter be scheduled
and that the Defendant be found in breech of the Marital Settlement Agreement as
well as in contempt of the Court's Final Divorce Decree order and order that the
Defendant provide copies of the term life insurance policy and the policy's
beneficiary designation within five days of the date of the Court's order as well as
complete payment of the alimony due and owing as well as the reasonable attorney
fees, reasonable legal fees and costs incurred by the Plaintiff in seeking
enforcement of the Courts order and the Marital Settlement Agreement.
Respectfully submitted,
?'.
en R. Wa, ire
uro Law O ices
28 South Pitt Street
Carlisle, PA 17013
(717-245-9688
VERIFICATION
I verify that the statements made in the foregoing Divorce Complaint are true and
correct. I understand that false statements herein made are subject to the penalties of
Pa.C.S. §4904 relating to unsworn falsification to authorities.
Ow- -
,O 1J 7 _
I/ Z-
Date William F. Shughart
IN THE COURT OF COMMON PLEAS
William F. Shughart
Plaintiff
VERSUS
Defendant
Fj?FCOpy
DECREE IN
DIVORCE
04:02 PM
AND NOW, November 8 2005 , IT IS ORDERED AND
DECREED THAT William F. Shughart PLAINTIFF
AND Dawn M. Shughart 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; None
Separation and Property Settlement Agreement is incorporated
herein but not merged in the Divorce Decree
BY THE COURT:
Edward E. Guido
ATTEST:
f
PROTHONOTARY
OF CUMBERLAND COUNTY
STATE OF PENNA.
i?
No. 05-3016
Certified Copy Issued: November 10, 005
F:\FILES\DATAFQ,E\General\Curren t\11018.23. msa.I
Created: 7!30104 9:12AM
Revised: 7112105 2:12PM
Jennifer L. Spears, Esquire
I.D. 87445
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
WILLIAM F. SHUGHART, IN THE COURT OF COMMON PLEA C)
Plaintiff CUMBERLAND COUNTY, PENNSYLVAQA =i r,
V. NO. 05-3016 CIVIL TERM
DAWN M. SHUGHART, CIVIL ACTION - LAW 'XI
Defendant IN DIVORCE
MARITAL SETTLEMENT AGREEMENT
THIS MARITAL SETTLEMENT AGREEMENT, made this !' t day
of i? 2005, by and between WILLIAM F. SHUGHART, of Carlisle,
CumberlanCounty, Pennsylvania (hereinafter referred to as Husband) and DAWN M.
SHUGHART, of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"):
WITNESSETH:
WHEREAS, the parties were married on January 16, 1998, in Pennsylvania;
WHEREAS, the parties have three (3) minor children: Madelyn (DOB 1/9/96), Mackenzie
(DOB 1/20/00), and Morgan (DOB 3/28/03);
WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the
parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto
are desirous of settling 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 in relation to the ownership and equitable distribution of real and personal property;
settling of all matters between them relating to the past, present and future support, alimony and/or
maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all
claims and possible claims by either party against the estate of the other party.
/
NOW, THEREFORE, in consideration of the premises and of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable consideration,
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. INTERFERENCE: Each party shall be free from interference, authority, and contact
by the other, as fully as though 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.
2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement
shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense
as may be available to either party. This Agreement is not intended to condone and shall not be
deemed to be a condonation on the part of either party hereto of any act or acts on the part of the
other party which have occasioned the disputes or unhappy differences.
3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that Husband filed
a Complaint in Divorce in Cumberland County, Pennsylvania on June 10, 2005, claiming that the
marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The
parties hereby express their agreement that the marriage is irretrievably broken and express their
intent 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 as soon as permitted under the
Divorce Code. The parties hereby waive all rights to request court ordered counseling under the
Divorce Code. It is further specifically understood and agreed by the parties that the provisions of
this Agreement as to equitable distribution of property of the parties are accepted by each party as
a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce
2
Code.
Should a decree, judgment or order of 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 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 is the specific intent of the parties to permit this Agreement to survive any judgment and
to be forever binding and conclusive upon the parties.
4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted
and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree
hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been
or may be instituted by the parties for the purpose of enforcing the contractual obligations of the
parties. This agreement shall not be merged in any such decree but shall in all respects survive the
same and be forever binding and conclusive upon the parties.
5. 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 this 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.
6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided
for herein, shall only take place on the "distribution" date which shall be defined as the date of
execution of this Agreement unless otherwise specified herein. However, the support and/or alimony
payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement.
7. MUTUAL RELEASE: Husband and Wife each do 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, of and from any and all rights, title and interest, or claims in or against the
property (including income and gain from property hereafter accruing) of the other or against the
estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any
time hereafter may have against the other, the estate of such other or any part hereof, whether arising
out of any former acts, contracts, engagements or liabilities of such other or by way of dower or
courtesy, or 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 a testamentary, or all other rights of
a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a)
Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or
any rights which either party may have or at any time hereafter shall have for past, present or future
support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or
expenses, whether arising as a result of the marital relations or otherwise, except, all rights and
agreements and obligations of whatsoever nature arising or which may arise under this Agreement
or for the breach of any provisions thereof. It is the intention of Husband and Wife to give 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 that this Agreement shall be and constitute a full and final resolution of any and
all claims which each of the parties may have against the other for equitable division of property,
alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the
Pennsylvania Divorce Code or the divorce laws of any other jurisdiction.
8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and
their legal effect has been fully explained to the parties by their respective counsel, Jennifer L.
Spears, Esquire, counsel for Wife and Galen R. Waltz, Esquire, counsel for Husband.
The parties acknowledge that each has received independent legal advice from counsel of his
or her own selection, that each has fully disclosed his or her respective financial situations to the
4
other, including his or her property, estate, assets, liabilities, income and expenses, that each is
familiar with and fully understands the facts, including the property, estate, assets, earnings and
income of the other, and that each has been fully informed as to his or her legal rights and
obligations. Each of the parties acknowledges and agrees that, after having received such advice and
with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it
is being entered into freely, voluntarily, and in good faith and that the execution of this agreement
is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal
agreement. The parties further acknowledge that they have each made to the other a full and
complete disclosure of their respective assets, estate, liabilities, and sources of income and that they
waive any specific enumeration thereof for the purposes of this agreement.
9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that
they have not heretofore incurred or contracted for any debt or liability or obligation for which the
estate of the other party may be responsible or liable except as may be provided for in this
Agreement. Each party agrees to indemnify and hold the other party harmless from and against any
and all such debts, liabilities or obligations of every kind which may have heretofore been incurred
by them, including those for necessities, except for the obligations arising out of this Agreement.
10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant,
warrant, represent and agree that, with the exception of obligations set forth in this Agreement,
neither of them shall hereafter incur any liability whatsoever for which the estate of the other may
be liable. Each party shall indemnify and hold harmless the other party from and against any and all
debts, charges and liabilities incurred by the other after the execution date of this Agreement, except
as may be otherwise specifically provided for by the terms of this Agreement.
11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have
divided between them, to their mutual satisfaction, the personal effects, household- furniture and
furnishings, and all other articles of personal property which have heretofore been used by them in
common, and neither party will make any claim to any such items which are now in the possession
5
or under the control of the other. The parties agree, however, to divide all photographs evenly, and
each party shall be entitled to access to negatives. The parties will make duplicates of all camcorder
tapes which currently exist so that each party has a full set. Any cost involved in the duplication of
the videos will be shared equally.
By these presents, each of the parties hereby specifically waives, releases, renounces and
forever abandons whatever claims he or she may have with respect to any personal property which
is in the possession of the other, and which shall become the sole and separate property of the other
from the date of execution hereof.
12. DIVISION OF REAL PROPERTY: Husband conveys all of his interest in, right
and title to the parties' marital residence (which is already solely in Wife's name) at 14 Farm Lane,
Carlisle, Cumberland County, Pennsylvania, to Wife. From the date of this Agreement, Wife will
remain the sole owner of the property. Wife shall remain solely responsible for any and all mortgage
payments, taxes, utilities, insurance premiums, or other liabilities relating to said property.
Husband conveys to Wife all of his interest in, right and title to the following properties
(which is already solely in Wife's name): 69 E. Main St„ Newville, Pennsylvania; 1283 Boiling
Springs Road, Boiling Springs, Pennsylvania; 51-53 E. Main St., Newville, Pennsylvania; 55-57 W.
Big Sprint Ave., Newville, Pennsylvania; and 31 W. Big Sprint Ave., Newville, Pennsylvania. From
the date of this Agreement, Wife will remain the sole owner of the properties. Wife shall remain
solely responsible for any and all mortgage payments, taxes, utilities, insurance premiums, or other
liabilities relating to said properties.
Wife has sold a property located at 605 Roxbury Road, Newville, Pennsylvania via an
installment sales contract. The property is to be sold in March of 2006. Upon final sale, Wife shall
pay to Husband half the proceeds from the sale of said property.
The parties are currently under a sales agreement with Michael Adler to purchase two (2) lots
in Clearfield County. Within thirty (30) days of the execution of this Agreement, Husband must
execute a new sales agreement to the properties assuming the payments and therefore, Wife waives
all rights and interest to same as well as all legal right and interest that Wife has in all money that
has been expended by the parties towards the purchase of the two (2) Clearfield County lots,
effective upon Husband's execution of a new sales agreement. From the date of this Agreement,
Husband shall be responsible for all taxes, insurance and maintenance on said properties.
6
In consideration of the transfers made herein, Wife agrees to purchase for Husband a home
located at 2560 Walnut Bottom Road, Carlisle, Pennsylvania, for $144,000. Wife agrees to incur
mortgage debt to purchase said property. Wife shall be responsible for repayment of the purchase
money mortgage debt (herein referred to as the "mortgage"), including principal, interest, and any
other costs assessed by the lender. The parties both recognize that the lender of the mortgage may
take a security interest in said property. Husband shall not be required to assist Wife in repayment
of said mortgage, not will Husband be a Guarantor, Co-Borrower, or liable in any other way on said
mortgage.
The fee simple deed to said property shall be recorded with the Cumberland County Recorder
of deeds on Wife's name alone; however, a fee simple deed to said property in Husband's name shall
be executed by the parties subsequent to Wife's purchase of the property, which will be held in trust
or escrow for Husband by Husband's attorney, Galen R. Waltz, Esquire, Turo Law Offices, 28 South
Pitt Street, Carlisle, PA, until such time as the mortgage has been fully satisfied. The unrecorded
deed to the property in Husband's name shall have no validity. When the mortgage has been
satisfied, the deed will be deemed delivered by Wife, and Husband may record the deed conveying
title of the property to him at his sole cost and expense.
Wife agrees that she will take no action which might result in any other lien being placed on
said property. Wife further agrees that she will not convey or attempt to convey said property to any
person or entity other than Husband without his express written permission. Wife will timely make
all monthly mortgage payments on said property until the primary mortgage is fully satisfied.
Husband shall be responsible for all taxes, insurance and maintenance on said property.
Wife agrees to allot $150,000 of her life insurance policy to Husband as beneficiary for the
time period that the mortgage remains unsatisfied. Additionally, Wife will provide copies of the
term life insurance policy and the policy's beneficiary designation on an annual basis to be received
no later than 30 days after receipt of same or the anniversary date this Agreement. Wife also agrees
to pay additional alimony as provided in paragraph 18 herein should she default on the mortgage
payments.
13. BANK ACCOUNTS, CERTIFICATES OF DEPOSIT AND LIFE INSURANCE:
Husband and Wife acknowledge that all joint bank accounts have been closed and divided to their
mutual satisfaction. They hereby agree that each shall become sole owner of their individual bank
7
accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest
in, or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash
value of the other's life insurance policies.
14. MOTOR VEHICLES: Husband and Wife agree that each will retain the vehicles
in their possession as their own property and shall indemnify the other as to any liabilities,
maintenance and insurance payments regarding their respective vehicles. The parties agree to
execute any necessary documents to transfer title to their respective vehicles.
Specifically, Wife shall retain the 2002 Jaguar, 2003 Dodge Caravan, and her company-
owned 2005 PT Cruiser. Wife shall be solely responsible for all loan payments, insurance and
maintenance on said vehicles. Husband shall retain the 1999 Ford F250 and 1987 Chevrolet Blazer.
Husband shall be solely responsible for all loan payments, insurance and maintenance on said
vehicles.
15. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and
enjoy, independently of any claim or right of the other, all items of property, be they real, personal
or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him
or her to dispose of the same as fully and effectively, in all respects and for all purposes as though
he or she were unmarried.
16. INCOME TAX: Husband and Wife agree to file separate tax returns for the tax year
2005, but have filed joint returns in the past. Except as otherwise provided herein, both parties agree
that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment
of any such tax is made against either of them, each will indemnify and hold harmless the other from
and against any loss or liability for any such tax deficiency or assessment and any interest, penalty
and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid
solely and entirely by the individual who is finally determined to be the cause of the
misrepresentations or failures to disclose the nature and extent of his or her separate income on the
aforesaid joint returns. There is currently a Federal income tax deficiency for the year 2003 in the
approximate amount of $18,000. Wife is paying this liability at the rate of $400.00 or more per
8
month and will continue to be responsible for said payments until this liability is satisfied in full.
The parties agree that all other taxes are current to the best of their knowledge.
Husband and Wife agree that Husband shall claim on a yearly basis the tax benefit for being
the primary physical custodian for MacKenzie and Morgan, so long as Husband continues to be their
primary physical custodian. Husband and Wife agree that Wife shall claim the yearly tax benefit for
being the primary physical custodian of Madelyn as long as Wife remains to the primary physical
custodian of Madelyn. In the event primary physical custody is changed or modified, the party
having primary physical custody for the majority of the year for each child shall claim the income
tax benefit for that child for that calendar year.
17. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties
hereby agree and express their intent that any transfer of property pursuant to this Agreement shall
be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"),
specifically, the provisions of said Act pertaining to the transfers of property between spouses and
former spouses. The parties agree to sign and cause to be filed any elections or other documents
required by the Internal. Revenue Service to render the Act applicable to the transfers set forth in this
Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions
of said Act.
18. ALIMONY: Except as otherwise provided herein, Husband and Wife recognize
and acknowledge that the foregoing provisions for their individual benefit are satisfactory with
regard to support and maintenance, past, present and future.
Wife shall pay Husband alimony for three (3) years in the amount of $1,000 per month on
or before the first day of each month, with the first payment being due on or before the first day of
the month after this Agreement is executed by both parties. For example, if this Agreement is
executed by both parties in July of 2005, Wife's alimony payments begin August 1, 2005. Alimony
shall be tax deductible to Wife and included in Husband's taxable income. Alimony shall terminate
,? ?e?Q'??2.y •?o •? Jl e 4? ? ? ?'? Mo rfi
i upon Husbands death or remarriageexrr?- t-- X Q
f° a ,rk 4yr A ?ttrc3'x? /?f?c cry 1-1 u3?an?S ?CQ? n Q_r
Wife also agrees to pay alimony to Husband in the amount of $850 (or whatever the amount
11dj of the monthly mortgage payment for the property at 2560 Walnut Bottom Road, Carlisle),
Pennsylvania pursuant to Paragraph 12 of this Agreement) to cover Husband's monthly mortgage
rt
9 --+ - j ? -e-x
_s
payments until the mortgage is satisfied on the property at 2560 Walnut Bottom Road, Carlisle,
Pennsylvania, if, and only if, Wife defaults on the first mortgage payments on that property as
specified further in Paragraph 12 herein. In the event of Wife's insolvency or bankruptcy, Wife shall
be a debtor and Husband shall be a creditor with regard to the terms herein. The amount of Wife's
debt to be determined for purposes of a bankruptcy action would be the amount owed to pay the
mortgage in full.
19. PENSIONS / RETIREMENT/ INVESTMENT ACCOUNTS: Each party will
retain any retirement accounts in their name.
20. BUSINESSES: The parties acknowledge that Wife is the owner of a 100% interest
in Dawn Shughart Realty, LLC, d/b/a Dawn & Associates Realty, Morningstar Mortgage, LLC, and
New Beginnings, LLC , which shall become the sole and exclusive property of Wife. Husband
hereby relinquishes any claim of right, title or interest with respect to these business interests or any
other business interest of Wife's, except as herein provided, which the Wife now owns or
hereinafter acquires. Husband further relinquishes any right, title or interest in any profit, license,
patent or trademark held or produced by Wife and/or by any business interest currently owned or
hereinafter acquired by Wife.
21. MARITAL DEBT: All marital debt has been paid off or divided to mutual
satisfaction. Each party shall indemnify, defend, and hold the other harmless from and against any
claims, demands suits, actions or liabilities relating to or arising out of any debt in that party's name.
Husband covenants at all times to keep Wife free, harmless and indemnified of and from any
and all debts, charges or liabilities heretofore contracted or incurred by him individually or jointly
with Wife for which Husband and Wife are, or maybecome liable. This indemnity shall also include,
inter alia, any liability that Wife may have incurred as a co-borrower or guarantor of payment in
conjunction with any business or personal endeavor of Husband. This indemnity shall also include
reasonable attorneys' fees that may be incurred by Wife in the defense of any action or proceeding
brought by any party, in reference to this paragraph.
Wife covenants at all times to keep Husband free, harmless and indemnified of and from any
and all debts, charges or liabilities heretofore contracted or incurred by her individually or jointly
10
with Husband for which Wife and Husband are, or may become liable. This indemnity shall also
include, inter alia, any liability that Husband may have incurred as a co-borrower or guarantor of
payment in conjunction with any business or personal endeavor of Wife. This indemnity shall also
include reasonable attorneys' fees that may be incurred by Husband in the defense of any action or
proceeding brought by any party, in reference to this paragraph.
Wife specifically agrees to indemnify and hold Husband harmless for the following debts:
any debts solely in her name, any debts associated with her businesses, any debts associated with
properties she will be retaining pursuant to paragraph 12 of this Agreement, and the loan for the
Jaguar with Cornerstone Financial.
Husband specifically agrees to indemnify and hold Wife harmless for the following debts:
any debts solely in his name, any debts associated with his business which was sold in 2005, any
debts associated with properties he will be retaining pursuant to paragraph 12 of this Agreement, and
the loan for the Ford F250 with Members I` Federal Credit Union.
22. HEALTH INSURANCE: Wife agrees to maintain Husband's health insurance
coverage until he obtains full time employment or until April 2006, whichever occurs first.
Thereafter, each party will be responsible for their own insurance. Each party is responsible for their
own uninsured medical expenses. Husband shall cover the parties' three (3) children on his health
insurance when he obtains employment.
23. CHILD SUPPORT: Wife agrees to pay child support to Husband in the amount of
$1,000 monthly so long as Husband has primary custody of at least two (2) of the parties' three (3)
children pursuant to a Stipulation for an Agreed Order of Custody executed by the parties
simultaneously with the execution of this Agreement, and subsequently executed by the Court.
24. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise
specifically provided herein, this Agreement shall continue in full force and effect after such time
as a final Decree in Divorce may be entered with respect to the parties.
25. 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
11
remedies or relief as may be available to him or her, and the party breaching this contract shall be
responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their
rights under this Agreement.
26. WAIVER OF CLAIMS: 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 shall now have or hereafter acquire, under the present and future laws of any
jurisdiction, to share in the property or the estate of the other as a result of the marital relationship,
including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take
in intestacy, right to take against the Will of the other, and the right to act as administrator or
executor of the other's estate, and 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 such interests, rights and claims.
27. 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.
28. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and
shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators,
successors and assigns.
29. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at
the request of the other, execute, acknowledge and deliver to the other any and all further instruments
that may be reasonably required to give full force and effect to the provisions of this Agreement.
30. 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.
12
31. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and
agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate
and independent Agreement.
32. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the
completeness and substantial accuracy of the financial disclosure of the other as an inducement to
the execution of this Agreement.
The parties further acknowledge that they have been advised of their right to compel
discovery and inspection of the other's books and records, business and personal, and of their right
to have accountants, appraisers or others investigate, appraise or evaluate the other's business and
property interests. Each party has expressed the conviction that he or she knows the nature, extent
and value of the other party's property and business interests. The parties acknowledge their
understanding of their discovery rights and they have knowingly not taken any further steps, and
waive the right to take such steps, themselves or through others, in connection with discovery,
inspection, investigation, appraisal or evaluation of the other's business or property interests.
33. 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 strict performance of any of
the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the
same or similar nature.
34. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for
convenience only. They shall have no affect whatsoever in determining the rights or obligations of
the parties.
35. APPLICABLE LAW: This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any
amendments thereto.
13
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and
year first above written.
NESS
WIN SS
(SEAL)
WILLIAM F. SHUG ART
/G7 ' M ?A (SEAL)
DAWN M. SHUG T
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
On this, 13"4 day of Jj, kA , 2005 before me a Notary Public, personally
appeared WILLIAM F. SHUGHART, *Town to me to be the person whose name is subscribed to
the within Marriage Settlement Agreement and acknowledged that he executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
tary Public COMMONWEALTH of PENNSYLVANIA
Notadai 8"
James M. Robinson, Notary Pubic
Cafle Bolo, Cunbedand Canty
My Comftslm Expires June 6, 2008
Member, Pennsylvania Association of Noiados
SS
On this, the LL day of - z , 2005 before me, a Notary Public, personally
appeared DAWN M. SHUGHAR , kno n to me to be the person whose name is subscribed to the
within Marriage Settlement Agreement and acknowledged that she executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand ad, t ficial seal.
f
Notary Public
NOTARIAL. SEAL
14 VICTORIA L. OT70, NOTARY PUBLIC
MY COMMISSION EXPIRES DEC. 2 `2 06
Turo Law Offices
RON TURD, Esquire - Of Counsel
GALEN R. WALTZ, Esquire
JAMES M. ROBINSON, Esquire
RICHARD D. KOCH, Esquire *
MICHAEL M. JEROMINSKI, Esquire
MICHAEL R. SMITH, Esquire
LORIN A. SNYDER, Esquire
JOHN M. SHUGARS, Esquire
*Also admitted in Maryland
Dawn M. Shughart
920 Hamilton Street
Carlisle, PA 17013
RE: Alimony/Life Insurance
Dear Ms. Shughart:
www.TuroL&w.com
28 South Pitt Street
Carlisle, Pennsylvania 17013
(717) 245-9688
MENOUL',AI SrON
November 5, 2007
(800) 562-9778
Fax (717) 245-2165
Enclosed for your convenience are paragraph 12 and paragraph 18 of the July 13, 2005
Marital Settlement Agreement that was incorporated but not merged into the divorce decree.
Particularly, paragraph 12, page 7, last paragraph is the relevant portion that Mr. Shughart is
concerned about. It states "wife agrees to allot $150,000.00 of her life insurance policy to husband as
beneficiary for the time period that the mortgage remains unsatisfied." Additionally, "wife will provide
copies of the term life insurance policy and the policies beneficiary designation on an annual
basis to be received no later than 30 days after receipt of same or the anniversary date [of]
this agreement." Therefore, please provide copies of your current life insurance policy naming
husband as beneficiary in the amount of $150,000.00. Please provide that copy of the current life
insurance policy within ten days of the date of this letter.
Also, according to paragraph 18 titled alimony, you are in arrears as of November 6, 2007 in
the amount of $6,207.08. Your last payment was July 27, 2007.
Please make a substantial payment of the alimony arrears within tens days of the date of this
letter. Failure to provide a substantial arrearage payment which is defined as $3,000.00, may result in
a filing of contempt regarding a breech of the agreement and in that filing we would make a request
for reasonable legal fees and costs incurred as a result of our enforcement of the rights under the
agreement. (See paragraphs also enclosed)
Awaiting your response.
cc: William Shughart
Sincerely,
Galen R. Waltz, Esquire
Maltz @TuroLaw. com
CERTIFICATE OF SERVICE
I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of
the Petition for Contempt , by first class, postage pre-paid and depositing same in the
United States Mail, certified, return receipt requested, postage pre-paid on
the. /3 A day of ?C?t•R-? , 2007, from Carlisle, Pennsylvania, addressed
as follows:
Dawn M. Shughart
920 Hamilton Street
Carlisle, PA 17013
and
Dawn M. Shughart
C/o Dawn Realty
1156 Walnut Bottom Road
Carlisle, PA 17013
TURO LAW OFFICES
en R. Waltz, Esq
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
(µ)
tl
- °i
,i i
DEC 13 2007 p V
William F. Shughart : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 05- 3016 CIVIL TERM
Dawn M. Shughart : CIVIL ACTION - LAW
Defendant/Respondent
ORDER OF COURT
AND NOW, this day of ,>? , 2007, upon receipt and
review of the Petition for Contempt, a hearing is scheduled on the / day of
200 V at 1'00 tO.m. in Courtroom No. -3 of the
Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
Judge Edward E. Guido
cc: ?wn Shughart
?CGalen R. Waltz, Esquire
viNva N3d
9E :1 Nd L 1 330 LOU
,.n, mv1 06d 341 ?O
William F. Shughart
Plaintiff/Petitioner
V.
Dawn M. Shughart
Defendant/Respondent
AND NOW, this day of
200, after a hearing in
this matter, the Defendant is ordered to provide a copy of the term life insurance policy
and the policy's beneficiary designation within five days of the date of this Order as well
as complete payment of the alimony due and owing; in addition the Defendant shall pay
reasonable attorney fees and costs incurred by the Plaintiff in seeking enforcement of
the Court's Order and the marital settlement agreement.
BY THE COURT,
Judge Edward E. Guido
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05- 3016 CIVIL TERM
: CIVIL ACTION - LAW
ORDER
cc: Dawn Shughart
Galen R. Waltz, Esquire
WILLIAM F. SHUGHART,
Plaintiff/Petitioner
V.
DAWN M. SHUGHART,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-3016 CIVIL TERM
CIVIL ACTION - LAW
IN RE: PETITION FOR CONTEMPT
ORDER OF COURT
AND NOW, this 14th day of January, 2008,
hearing in this matter is continued generally, to be heard at
the request of either party.
By the Court,
Edward E. Guido, J.
Galen R. Waltz, Esquire
For the Plaintiff/Petitioner
Karl E. Rominger, Esquire
For the Defendant/Respondent
1
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsylvania
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 07/22/08
Case Number (See Addendum for case summary)
Employe dWithholder's Federal EIN Number
HOLIDAY INN
C/O CENTRAL PA HOSPITALITY
5401 CARLISLE PIKE
MECHANICSBURG PA 17050-2412
220-02-3646
Employee/Obligor's Social Security Number
2625000020
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 488.00
$ 0.00
$ 0.00
$ 0.00
$ 1,000.00
$ 0.00
$ 0.00
$ 0.00
$
per month in current child support
per month in past-due child support
per month in current medical support
per month in past-due medical support
per month in current spousal support
per month in past-due spousal support
per month for genetic test costs
per month in other (specify)
one-time lump sum payment
Arrears 12 weeks or greater? ® yes O no
for a total of $ 1,488.00 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered suaDort payment cycle, use the following to determine how much to withhold:
$ 343.,3_8_ _ per weekly pay period. $ 744.00 per semimonthly pay period
(twice a month)
$ 686.77 per biweekly pay period (every two weeks) $ 1, 488.00 per monthly pay period.
REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10)
working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of
withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work
state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of
the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding,
the following information is needed (See #9 on page 2).
If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call
Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580
for instructions. PA FIPS CODE 42 000 00
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAMEAND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL. /117 ?
BY THE COURT: 1) l// L? V o ff 1j . % (-, 14 ,Z o o
DRO: R.J. SHADDAY
Service Type M OMB No.:0970.0154
581107525
607 S 2005
05-3016 CIVIL
@ Original Order/Notice
OAmended Order/Notice
0Terminate Order/Notice
QOne-Time Lump Sum/Notice
RE:SHUGHART, DAWN M.
Employee/Obligor's Name (Last, First, MI)
J. WESLEY OLER,
JUDGE
Form EN-028 Rev. 3
Worker ID $IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
0 if hecke? you are required to provide a opy of this form to your mployee. If yo?1 r employee yorks in a state that is
diferent from the state that issued this o er, a copy must be provi?ed to your employee even if the box is not checked
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employeelobligor.
3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The
paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2328876500
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR:
EMPLOYEE'S/OBLIGOR'S NAME: SHUGHART, DAWN M.
EMPLOYEE'S CASE IDENTIFIER: 2625000020
LAST KNOWN HOME ADDRESS:
LAST KNOWN PHONE NUMBER:
DATE OF SEPARATION:
FINAL PAYMENT AMOUNT-
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment,
refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of
employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social
Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is
supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is
increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may
deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section.
Arrears greater than 12 weeks : If the Order information does not indicate whether the arrears are greater than 12 weeks, then the
employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts
allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of
the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the
CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health
care premiums in determining disposable income and applying appropriate withholding limits.
10. Additional info:
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state
that issued this order with respect to these items.
11. Send Termination Notice and
other correspondence to:
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (717) 240-6248 or
by internet www.childsupport.state.pa.us
Page 2 of 2
Service Type M OMB No.: 0970-0154
Form EN-028 Rev. 3
Worker I D $ IATT
? h
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: SHUGHART, DAWN M.
PACSES Case Number 078107564
Plaintiff Name
WILLIAM F. SHUGHART
Docket Attachment Amount
05-3016 CIVIL$ 1,000.00 DOB
Child(ren)'s Name(s):
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACKS Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
Service Type M
PACKS Case Number 581107525
Plaintiff Name
WILLIAM F. SHUGHART
Docket Attach ment_Amount
00607 S 2005 $ 488.00
Child(ren)'s Name(s): DOB
MADELYN L. SHUGHART P1109/".9.6
00
t!lACKET Z:i~ R. SHoGkAR.T 03/28/03
MORGAN E. SHUGHART
?if checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACKS Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
?if checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Addendum
OMB No.: 0970-0154
Form EN-028 Rev. 3
Worker ID $zATT
? C=)
r'- cn -n
7 i.
5 ITT
co
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsylvania
CO./City/Dist. of CUMBERLAND
Date of Order/Notice 07/28/08
Case Number (See Addendum for case summary)
Employer/Withholder's Federal EIN Number
HOLIDAY INN
C/O CENTRAL PA HOSPITALITY
5401 CARLISLE PIKE
MECHANICSBURG PA 17050-2412
05-3016 CIVIL
OOriginal Order/Notice
OAmended Order/Notice
OTerminate Order/Notice
OOne-Time Lump Sum/Notice
Employee/Obligor's Name (Last, First, MI)
220-02-3646
Employee/Obligor's Social Security Number
2625000020
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 488.00 per month in current child support
$ o . oo per month in past-due child support Arrears 12 weeks or greater? ®yes Ono
$ 0.0o per month in current medical support
$ 0.00 per month in past-due medical support
$ 0.00 per month in current spousal support
$ o . oo per month in past-due spousal support
$ o . oo per month for genetic test costs
$ o . oo per month in other (specify)
$ one-time lump sum payment
for a total of $ 488.00 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ //,-7,6.2 per weekly pay period. $ 244.00 per semimonthly pay period
(twice a month)
$ aas. 2_3 per biweekly pay period (every two weeks) $ 488.00 per monthly pay period.
REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10)
working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of
withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work
state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of
the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding,
the following information is needed (See #9 on page 2).
If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call
Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580
for instructions. PA FIPS CODE 42 000 00
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) R SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
BY THE COURT: 1 J? p a
DRO: R.J. SHADDAY
Service Type M OMB No.: 0970-0154
581107525
607 S 2005
RE:SHUGHART. DAWN M.
'J. WESLEY OLER, JR.,
Form EN-028 Rev. 3
Worker ID $IATT
r ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
? Ifhhecked you are required, to provide a?opy of this form to your em loyee. If yo?1 r employee works in a state that is
di Brent from the state that issued this or er, a copy must be provideto your employee even if the box is not checked.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employee/obligor.
3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The
paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2328876500
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0
EMPLOYEE'S/OBLIGOR'S NAME: SHUGHART, DAWN M.
EMPLOYEE'S CASE IDENTIFIER: 2625000020 DATE OF SEPARATION
LAST KNOWN HOME ADDRESS:
LAST KNOWN PHONE NUMBER:
FINAL PAYMENT AMOUNT
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment,
refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit
Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of
employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social
Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is
supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is
increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may
deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section.
Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the
employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts
allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of
the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the
CCPA 0 5 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health
care premiums in determining disposable income and applying appropriate withholding limits.
10. Additional info:
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state
that issued this order with respect to these items.
11. Send Termination Notice and
other correspondence to:
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (717) 240-6248 or
by internet www.childsupport.state.pa.us
Page 2 of 2 Form EN-028 Rev. 3
Service Type M OMS No.: 0970-0154 Worker ID $IATT
A w
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: SHUGHART, DAWN M.
PACSES Case Number 581107525
Plaintiff Name
WILLIAM F. SHUGHART
Docket Attachment Amount
00607 S 2005 $ 488.00
Child(ren)'s Name(s): DOB
MADELYN L. SHUGHART 01/09/96
MACKI!NZIE_R. SHUGHART 01/20/00
MORGAN E. SHUGHART 03/28/03
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
?lfchecked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
?If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
Addendum Form EN-028 Rev. 3
Service Type M OMB No.: 0970-0154 Worker I D $ IATT
i i l
y
William F. Shughart : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 05- 3016 CIVIL TERM
Dawn M. Shughart : CIVIL ACTION -- LAW
Defendant/Respondent :
NOTICE
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 will proceed without you and an adverse order may be entered against
you for any other claim or relief requested in these papers by the Plaintiff. You may
lose money or property or other rights important to you.
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, PA 17013
(717) 249-3166
William F. Shughart
Plaintiff/Petitioner
V.
Dawn M. Shughart
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 05-3016 CIVIL TERM
: CIVIL ACTION - LAW
AMENDED PETITION FOR CONTEMPT
AND NOW, comes Plaintiff/Petitioner William F. Shughart, by and through his
attorney, Galen R. Waltz, Esquire, and requests the honorable court find the defendant
in contempt of this court's November 8, 2005 Decree in Divorce that incorporated the
Marital Settlement Agreement:
1. The Plaintiff/Petitioner is William F. Shughart, an adult individual, currently
residing at 2560 Walnut Bottom Road, Carlisle, Pennsylvania, 17013.
2. Defendant/Respondent is Dawn M. Shughart, an adult individual currently
residing at 713 Colonial Ct., Mechanicsburg, Pennsylvania, 17050.
3. The Decree in Divorce was issued by the Honorable Edward E. Guido on
November 8, 2005 (Exhibit 1 attached hereto and incorporated herein as if fully
set forth) and contained a paragraph ordering that the "Separation and Property
Settlement Agreement is incorporated herein but not merged in the divorce
decree"
4. The marital settlement agreement was executed on July 13, 2005 and recorded
in the office of the Prothonotary on July 14, 2005. (Exhibit 2 attached hereto and
incorporated herein as if fully set forth).
5. A petition for contempt was filed against the Defendant on December 13, 2007
and a settlement was agreed to on January 3&, 2008 (Exhibit 3 attached hereto
and incorporated herein as if fully set forth) that included a schedule for payment
of the alimony in arrears as well as a demand for information regarding a life
insurance policy in Plaintiffs name. After the Defendant provided an initial
payment of $8000 and a copy of the completed insurance form Defendant
breached the January 30th Agreement by her failure to pay any other alimony
payments due under the agreement and by the Defendant's failure to provide a
copy of the updated life insurance policy.
6. Repeated demands for alimony arrearage payments as well as information
regarding the current life insurance policy have been made (see Exhibit 3); the
most recent request was made on August 25, 2008 (Exhibit 4 attached hereto
and incorporated herein as if fully set forth) to which the Defendant responded or
September 3, 2008 (Exhibit 5 attached hereto and incorporated herein as if fully
set forth) indicating financial hardship as the reason for breach.
7. Paragraph 12 of the Separation and Property Settlement Agreement states at
page 7 that "wife agrees to allot $150,000.00 of her life insurance policy to
husband as beneficiary for the time period that the mortgage remains
unsatisfied... wife will provide copies of the term life insurance policy and
the policy's beneficiary designation on an annual basis to be received no
latter than thirty days of the receipt of same or the anniversary date of this
agreement' ; demands to the Defendant have been made for the copies of the
current life insurance policy and the Defendant has either ignored these requests
or refused to provide evidence of the term life insurance policy.
8. The Defendant's failure to provide proof of a term life insurance policy providing a
beneficiary designation of the Plaintiff constitutes a breech of the Marital
Settlement Agreement and therefore according to paragraphs 25 of the Marital
Settlement Agreement the Plaintiff has the right to "sue for damages for such
breech as well as.... payment of reasonable legal fees and costs incurred... in
enforcing rights under the Marital Settlement Agreement„
9. The August 25, 2008 letter (Exhibit 4) also included a request for payment of past
due alimony in accordance with paragraph 18 of the July 13, 2005 Marital
Settlement Agreement and the agreement of January 3&, 2007 (Exhibit 3); it is
averred that the Defendant is in arrears as of August 25, 2008 in the amount of
$12,000.00 of alimony since the Defendant's last payment on February 4, 2008.
10. It is averred that the Defendant has breached the Marital Settlement Agreement
by failing to provide alimony in accordance with paragraph 18 of the Marital
Settlement Agreement and the agreement of January 3&, 2007.
11. Requests were made in the August 25, 2008 letter (Exhibit 4) to remove Mr.
Shughart's name from a credit account used to purchase furniture after the 2005
Marital Settlement Agreement was signed, in accordance with paragraph 21 of
the July 13, 2005 Marital Settlement Agreement, ... Wife covenants at all times
to keep Husband free, harmless and indemnified of and from any and all
debts, charges or liabilities heretofore contracted or incurred by her
individually or jointly for which Wife and Husband are, or may become
liable. It is averred that the Defendant made purchases totaling $2,783.63 in
2006 that are now in default and the creditor is claiming the Plaintiff is
responsible since the account is held jointly. (Receipts were sent to the
Defendant and are labeled Exhibits 5 & 6 attached hereto and incorporated
herein as if fully set forth)
U. Requests were made in the August 25"', 2008 letter (Exhibit 4) regarding
paragraph 12 and the real property located at 2560 Walnut Bottom Road,
Carlisle, PA, which is the Plaintiffs primary residence. The Settlement
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
William F. Shughart II
N 0. 05-3016
Plaintiff
VERSUS
Defendant
F,??.?opr
DECREE IN
DIVORCE
04:02 PM
AND NOW, November8
DECREED THAT William F. Sh
AND Dawn M. Shughart
art
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
2005 , IT IS ORDERED AND
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; None
Separation and Property Settlement Agreement is incorporated
herein but not merged in the Divorce Decree
BY THE COURT:
Edward E. Guido
ATTEST: J.
PROTHONOTARY
November 10, f005
F: \FILES\DATAFILE\Genera I\Cu rren t\I 1018.23.msa. I
Created: 7/30/04 9:12AM
Revised: 7/12105 2:12PM
Jennifer L. Spears, Esquire
I.D. 87445
MARTSON DEARDORFF WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
WILLIAM F. SHUGHART, : IN THE COURT OF COMMON PLEA
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ^+
_- 1 -
V. NO. 05-3016 CIVIL TERM"
DAWN M. SHUGHART, CIVIL ACTION - LAW
Defendant IN DIVORCE
MARITAL SETTLEMENT AGREEMENT
THIS MARITAL SETTLEMENT AGREEMENT, made this day
of 2005, by and between WILLIAM F. SHUGHART, of Carlisle,
Cum?ierlan County, Pennsylvania (hereinafter referred to as "Husband") and DAWN M.
SHUGHART, of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"):
WITNESSETH:
WHEREAS, the parties were married on January 16, 1998, in Pennsylvania;
WHEREAS, the parties have three (3) minor children: Madelyn (DOB 1/9/96), Mackenzie
(DOB 1/20/00), and Morgan (DOB 3/28/03);
WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the
parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto
are desirous of settling 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 in relation to the ownership and equitable distribution of real and personal property;
settling of all matters between them relating to the past, present and future support, alimony and/or
maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all
claims and possible claims by either party against the estate of the other party.
tom,
NOW, THEREFORE, in consideration of the premises and of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable consideration,
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. INTERFERENCE: Each party shall be free from interference, authority, and contact
by the other, as fully as though 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.
2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement
shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense
as may be available to either party. This Agreement is not intended to condone and shall not be
deemed to be a condonation on the part of either party hereto of any act or acts on the part of the
other party which have occasioned the disputes or unhappy differences.
3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that Husband filed
a Complaint in Divorce in Cumberland County, Pennsylvania on June 10, 2005, claiming that the
marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The
parties hereby express their agreement that the marriage is irretrievably broken and express their
intent 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 as soon as permitted under the
Divorce Code. The parties hereby waive all rights to request court ordered counseling under the
Divorce Code. It is further specifically understood and agreed by the parties that the provisions of
this Agreement as to equitable distribution of property of the parties are accepted by each party as
a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce
2
Code.
Should a decree, judgment or order of 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 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 is the specific intent of the parties to permit this Agreement to survive any judgment and
to be forever binding and conclusive upon the parties.
4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted
and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree
hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been
or may be instituted by the parties for the purpose of enforcing the contractual obligations of the
parties. This agreement shall not be merged in any such decree but shall in all respects survive the
same and be forever binding and conclusive upon the parties.
5. 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 this 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.
6. DISTRIBUTION DATE: The transfer ofproperty, funds and/or documents provided
for herein, shall only take place on the "distribution" date which shall be defined as the date of
execution of this Agreement unless otherwise specified herein. However, the support and/or alimony
payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement.
7. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release,
quit-claim and forever discharge the other and the estate of such other, for all time to come, and for
3
all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the
property (including income and gain from property hereafter accruing) of the other or against the
estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any
time hereafter may have against the other, the estate of such other or any part hereof, whether arising
out of any former acts, contracts, engagements or liabilities of such other or by way of dower or
courtesy, or 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 a testamentary, or all other rights of
a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a)
Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or
any rights which either party may have or at any time hereafter shall have for past, present or future
support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or
expenses, whether arising as a result of the marital relations or otherwise, except, all rights and
agreements and obligations of whatsoever nature arising or which may arise under this Agreement
or for the breach of any provisions thereof. It is the intention of Husband and Wife to give 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 that this Agreement shall be and constitute a full and final resolution of any and
all claims which each of the parties may have against the other for equitable division of property,
alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the
Pennsylvania Divorce Code or the divorce laws of any other jurisdiction.
8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and
their legal effect has been fully explained to the parties by their respective counsel, Jennifer L.
Spears, Esquire, counsel for Wife and Galen R. Waltz, Esquire, counsel for Husband.
The parties acknowledge that each has received independent legal advice from counsel of his
or her own selection, that each has fully disclosed his or her respective financial situations to the
4
other, including his or her property, estate, assets, liabilities, income and expenses, that each is
familiar with and fully understands the facts, including the property, estate, assets, earnings and
income of the other, and that each has been fully informed as to his or her legal rights and
obligations. Each of the parties acknowledges and agrees that, after having received such advice and
with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it
is being entered into freely, voluntarily, and in good faith and that the execution of this agreement
is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal
agreement. The parties further acknowledge that they have each made to the other a full and
complete disclosure of their respective assets, estate, liabilities, and sources of income and that they
waive any specific enumeration thereof for the purposes of this agreement.
9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that
they have not heretofore incurred or contracted for any debt or liability or obligation for which the
estate of the other party may be responsible or liable except as may be provided for in this
Agreement. Each party agrees to indemnify and hold the other party harmless from and against any
and all such debts, liabilities or obligations of every kind which may have heretofore been incurred
by them, including those for necessities, except for the obligations arising out of this Agreement.
14. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant,
warrant, represent and agree that, with the exception of obligations set forth in this Agreement,
neither of them shall hereafter incur any liability whatsoever for which the estate of the other may
be liable. Each party shall indemnify and hold harmless the other party from and against any and all
debts, charges and liabilities incurred by the other after the execution date of this Agreement, except
as may be otherwise specifically provided for by the terms of this Agreement.
11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have
divided between them, to their mutual satisfaction, the personal effects, household furniture and
furnishings, and all other articles of personal property which have heretofore been used by them in
common, and neither party will make any claim to any such items which are now in the possession
5
or under the control of the other. The parties agree, however, to divide all photographs evenly, and
each party shall be entitled to access to negatives. The parties will make duplicates of all camcorder
tapes which currently exist so that each party has a full set. Any cost involved in the duplication of
the videos will be shared equally.
By these presents, each of the parties hereby specifically waives, releases, renounces and
forever abandons whatever claims he or she may have with respect to any personal property which
is in the possession of the other, and which shall become the sole and separate property of the other
from the date of execution hereof.
12. DIVISION OF REAL PROPERTY: Husband conveys all of his interest in, right
and title to the parties' marital residence (which is already solely in Wife's name) at 14 Farm Lane,
Carlisle, Cumberland County, Pennsylvania, to Wife. From the date of this Agreement, Wife will
remain the sole owner of the property. Wife shall remain solely responsible for any and all mortgage
payments, taxes, utilities, insurance premiums, or other liabilities relating to said property.
Husband conveys to Wife all of his interest in, right and title to the following properties
(which is already solely in Wife's name): 69 E. Main St„ Newville, Pennsylvania; 1283 Boiling
Springs Road, Boiling Springs, Pennsylvania; 51-53 E. Main St., Newville, Pennsylvania; 55-57 W.
Big Sprint Ave., Newville, Pennsylvania; and 31 W. Big Sprint Ave., Newville, Pennsylvania. From
the date of this Agreement, Wife will remain the sole owner of the properties. Wife shall remain
solely responsible for any and all mortgage payments, taxes, utilities, insurance premiums, or other
liabilities relating to said properties.
Wife has sold a property located at 605 Roxbury Road, Newville, Pennsylvania via an
installment sales contract. The property is to be sold in March of 2006. Upon final sale, Wife shall
pay to Husband half the proceeds from the sale of said property.
The parties are currently under a sales agreement with Michael Adler to purchase two (2) lots
in Clearfield County. Within thirty (30) days of the execution of this Agreement, Husband must
execute a new sales agreement to the properties assuming the payments and therefore, Wife waives
all rights and interest to same as well as all legal right and interest that Wife has in all money that
has been expended by the parties towards the purchase of the two (2) Clearfield County lots,
effective upon Husband's execution of a new sales agreement. From the date of this Agreement,
Husband shall be responsible for all taxes, insurance and maintenance on said properties.
6
In consideration of the transfers made herein, Wife agrees to purchase for Husband a home
located at 2560 Walnut Bottom Road, Carlisle, Pennsylvania, for $144,000. Wife agrees to incur
mortgage debt to purchase said property. Wife shall be responsible for repayment of the purchase
money mortgage debt (herein referred to as the "mortgage"), including principal, interest, and any
other costs assessed by the lender. The parties both recognize that the lender of the mortgage may
take a security interest in said property. Husband shall not be required to assist Wife in repayment
of said mortgage, not will Husband be a Guarantor, Co-Borrower, or liable in any other way on said
mortgage.
The fee simple deed to said property shall be recorded with the Cumberland County Recorder
of deeds on Wife's name alone; however, a fee simple deed to said property in Husband's name shall
be executed by the parties subsequent to Wife's purchase of the property, which will be held in trust
or escrow for Husband by Husband's attorney, Galen R. Waltz, Esquire, Turo Law Offices, 28 South
Pitt Street, Carlisle, PA, until such time as the mortgage has been fully satisfied. The unrecorded .
deed to the property in Husband's name shall have no validity. When the mortgage has been
satisfied, the deed will be deemed delivered by Wife, and Husband may record the deed conveying
title of the property to him at his sole cost and expense.
Wife agrees that she will take no action which might result in any other lien being placed on
said property. Wife further agrees that she will not convey or attempt to convey said property to any
person or entity other than Husband without his express written permission. Wife will timely make
all monthly mortgage payments on said property until the primary mortgage is fully satisfied.
Husband shall be responsible for all taxes, insurance and maintenance on said property.
Wife agrees to allot $150,000 of her life insurance policy to Husband as beneficiary for the
time period that the mortgage remains unsatisfied. Additionally, Wife will provide copies of the
term life insurance policy and the policy's beneficiary designation on an annual basis to be received
no later than 30 days after receipt of same or the anniversary date this Agreement. Wife also agrees
to pay additional alimony as provided in paragraph 18 herein should she default on the mortgage
payments.
13. BANK ACCOUNTS, CERTIFICATES OF DEPOSIT AND LIFE INSURANCE:
Husband and Wife acknowledge that all joint bank accounts have been closed and divided to their
mutual satisfaction. They hereby agree that each shall become sole owner of their individual bank
7
accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest
in, or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash
value of the other's life insurance policies.
14. MOTOR VEHICLES: Husband and Wife agree that each will retain the vehicles
in their possession as their own property and shall indemnify the other as to any liabilities,
maintenance and insurance payments regarding their respective vehicles. The parties agree to
execute any necessary documents to transfer title to their respective vehicles.
Specifically, Wife shall retain the 2002 Jaguar, 2003 Dodge Caravan, and her company-
owned 2005 PT Cruiser. Wife shall be solely responsible for all loan payments, insurance and
maintenance on said vehicles. Husband shall retain the 1999 Ford F250 and 1987 Chevrolet Blazer.
Husband shall be solely responsible for all loan payments, insurance and maintenance on said
vehicles.
15. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and
enjoy, independently of any claim or right of the other, all items of property, be they real, personal
or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him
or her to dispose of the same as fully and effectively, in all respects and for all purposes as though
he or she were unmarried.
16. INCOME TAX: Husband and Wife agree to file separate tax returns for the tax year
2005, but have filed joint returns in the past. Except as otherwise provided herein, both parties agree
that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment
of any such tax is made against either of them, each will indemnify and hold harmless the other from
and against any loss or liability for any such tax deficiency or assessment and any interest, penalty
and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid
solely and entirely by the individual who is finally determined to be the cause of the
misrepresentations or failures to disclose the nature and extent of his or her separate income on the
aforesaid joint returns. There is currently a Federal income tax deficiency for the year 2003 in the
approximate amount of $18,000. Wife is paying this liability at the rate of $400.00 or more per
8
month and will continue to be responsible for said payments until this liability is satisfied in full.
The parties agree that all other taxes are current to the best of their knowledge.
Husband and Wife agree that Husband shall claim on a yearly basis the tax benefit for being
the primary physical custodian for MacKenzie and Morgan, so long as Husband continues to be their
primary physical custodian. Husband and Wife agree that Wife shall claim the yearly tax benefit for
being the primary physical custodian of Madelyn as long as Wife remains to the primary physical
custodian of Madelyn. In the event primary physical custody is changed or modified, the party
having primary physical custody for the majority of the year for each child shall claim the income
tax benefit for that child for that calendar year.
17. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties
hereby agree and express their intent that any transfer of property pursuant to this Agreement shall
be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"),
specifically, the provisions of said Act pertaining to the transfers of property between spouses and
former spouses. The parties agree to sign and cause to be filed any elections or other documents
required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this
Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions
of said Act.
18. ALIMONY: Except as otherwise provided herein, Husband and Wife recognize
and acknowledge that the foregoing provisions for their individual benefit are satisfactory with
regard to support and maintenance, past, present and future.
Wife shall pay Husband alimony for three (3) years in the amount of $1,000 per month on
or before the first day of each month, with the first payment being due on or before the first day of
the month after this Agreement is executed by both parties. For example, if this Agreement is
executed by both parties in July of 2005, Wife's alimony payments begin August 1, 2005. Alimony
shall be tax deductible to Wife and included in Husband's taxable income. Alimony shall terminate
1'f t ?e)c..-(* '{o-?xe J'u9(p.?l?. ?norrlS./ 410%+}?¢?°?
upon Husband's death or remarriageCxttO-
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73?WS L%GfG IlPG? 1-n ?Su?r?Svrb...rrarS, a* ?/WQ?r^}s?' ?c6re'vc?, /r??ie C,.? f? u3 wn5 ??Q* nOr
Wife also agrees to pay alimony to Husband in the amount of $850 (or whatever the amount
of the monthly mortgage payment for the property at 2560 Walnut Bottom Road, Carlisle),
Pennsylvania pursuant to Paragraph 12 of this Agreement) to cover Husband's monthly mortgage
tC.x'a.rriA?? S LO) 4-°T-V",^Cd4 Wl 9ri'S (L41 eCMCrI? Flo'/rr?ar;-?-??y M
payments until the mortgage is satisfied on the property at 2560 Walnut Bottom Road, Carlisle,
Pennsylvania, if, and only if, Wife defaults on the first mortgage payments on that property as
specified further in Paragraph 12 herein. In the event of Wife's insolvency or bankruptcy, Wife shall
be a debtor and Husband shall be a creditor with regard to the terms herein. The amount of Wife's
debt to be determined for purposes of a bankruptcy action would be the amount owed to pay the
mortgage in full.
19. PENSIONS / RETIREMENT/ INVESTMENT ACCOUNTS: Each party will
retain any retirement accounts in their name.
20. BUSINESSES: The parties acknowledge that Wife is the owner of a 100% interest
in Dawn Shughart Realty, LLC, d/b/a Dawn & Associates Realty, Morningstar Mortgage, LLC, and
New Beginnings, LLC , which shall become the sole and exclusive property of Wife. Husband
hereby relinquishes any claim of right, title or interest with respect to these business interests or any
other business interest of Wife's, except as herein provided, which the Wife now owns or
hereinafter acquires. Husband further relinquishes any right, title or interest in any profit, license,
patent or trademark held or produced by Wife and/or by any business interest currently owned or
hereinafter acquired by Wife.
21. MARITAL DEBT: All marital debt has been paid off or divided to mutual
satisfaction. Each party shall indemnify, defend, and hold the other harmless from and against any
claims, demands suits, actions or liabilities relating to or arising out of any debt in that party's name.
Husband covenants at all times to keep Wife free, harmless and indemnified of and from any
and all debts, charges or liabilities heretofore contracted or incurred by him individually or jointly
with Wife for which Husband and Wife are, or maybecome liable. This indemnity shall also include,
inter alia, any liability that Wife may have incurred as a co-borrower or guarantor of payment in
conjunction with any business or personal endeavor of Husband. This indemnity shall also include
reasonable attorneys' fees that may be incurred by Wife in the defense of any action or proceeding
brought by any party, in reference to this paragraph.
Wife covenants at all times to keep Husband free, harmless and indemnified of and from any
and all debts, charges or liabilities heretofore contracted or incurred by her individually or jointly
10
with Husband for which Wife and Husband are, or may become liable. This indemnity shall also
include, inter alia, any liability that Husband may have incurred as a co-borrower or guarantor of
payment in conjunction with any business or personal endeavor of Wife. This indemnity shall also
include reasonable attorneys' fees that may be incurred by Husband in the defense of any action or
proceeding brought by any party, in reference to this paragraph.
Wife specifically agrees to indemnify and hold Husband harmless for the following debts:
any debts solely in her name, any debts associated with her businesses, any debts associated with
properties she will be retaining pursuant to paragraph 12 of this Agreement, and the loan for the
Jaguar with Cornerstone Financial.
Husband specifically agrees to indemnify and hold Wife harmless for the following debts:
any debts solely in his name, any debts associated with his business which was sold in 2005, any
debts associated with properties he will be retaining pursuant to paragraph 12 of this Agreement, and
the loan for the Ford F250 with Members 1" Federal Credit Union.
22. HEALTH INSURANCE: Wife agrees to maintain Husband's health insurance
coverage until he obtains full time employment or until April 2006, whichever occurs first.
Thereafter, each party will be responsible for their own insurance. Each party is responsible for their
own uninsured medical expenses. Husband shall cover the parties' three (3) children on his health
insurance when he obtains employment.
23. CHILD SUPPORT: Wife agrees to pay child support to Husband in the amount of
$1,000 monthly so long as Husband has primary custody of at least two (2) of the parties' three (3)
children pursuant to a Stipulation for an Agreed Order of Custody executed by the parties
simultaneously with the execution of this Agreement, and subsequently executed by the Court.
24. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise
specifically provided herein, this Agreement shall continue in full force and effect after such time
as a final Decree in Divorce may be entered with respect to the parties.
25. 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
11
remedies or relief as may be available to him or her, and the party breaching this contract shall be
responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their
rights under this Agreement.
26. WAIVER OF CLAIMS: 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 shall now have or hereafter acquire, under the present and future laws of any
jurisdiction, to share in the property or the estate of the other as a result of the marital relationship,
including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take
in intestacy, right to take against the Will of the other, and the right to act as administrator or
executor of the other's estate, and 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 such interests, rights and claims.
27. ENTIRE AGREEMENT: This Agreement contains the entire understanding ofthe
parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
28. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and
shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators,
successors and assigns.
29. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at
the request of the other, execute, acknowledge and deliver to the other any and all further instruments
that may be reasonably required to give full force and effect to the provisions of this Agreement.
30. 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.
12
31. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and
agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate
and independent Agreement.
32. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the
completeness and substantial accuracy of the financial disclosure of the other as an inducement to
the execution of this Agreement.
The parties further acknowledge that they have been advised of their right to compel
discovery and inspection of the other's books and records, business and personal, and of their right
to have accountants, appraisers or others investigate, appraise or evaluate the other's business and
property interests. Each party has expressed the conviction that he or she knows the nature, extent
and value of the other party's property and business interests. The parties acknowledge their
understanding of their discovery rights and they have knowingly not taken any further steps, and
waive the right to take such steps, themselves or through others, in connection with discovery,
inspection, investigation, appraisal or evaluation of the other's business or property interests.
33. 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 strict performance of any of
the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the
same or similar nature.
34. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for
convenience only. They shall have no affect whatsoever in determining the rights or obligations of
the parties.
35. APPLICABLE LAW: This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any
amendments thereto.
13
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and
year first above written.
NESS
,1< N SS
(SEAL)
WILLIAM F. SHUG ART
(SEAL)
DAWN M. SHUG RT
COMMONWEALTH OF PENNSYLVANIA :
: SS
COUNTY OF CUMBERLAND
On this, 01"' day of .1 JIA , 2005 before me a Notary Public, personally
appeared WILLIAM F. SHUGHART, ]gown to me to be the person whose name is subscribed to
the within Marriage Settlement Agreement and acknowledged that he executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
S
tary Public COMMONWEALTH OF NSYI.VAW
NOtarlal SW
James M. Ronson, Notary PU*
Cafte Boro, Cumberland Cw*
W C w4slorr EVIr% June G? Mw
COMMONWEALTH OF PENNSYLVANIA Member, Pennsylvania AssWaWn of NotarNs
: SS
COUNTY OF CUMBERLAND
On this, the 12- day of 2005 before me, a Notary Public, personally
appeared DAWN M. SHUGHAR , knov/n to me to be the person whose name is subscribed to the
within Marriage Settlement Agreement and acknowledged that she executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand a icial seal.
?&
Notary Public
NOTARIAL SEAL
14 VICTORIA L. OTTO, NOTARY PUBLIC
CARLISLE BORO. CUMBERLAND COUNTY
MY COMMISSION EXPIRES DEC. 2 2006
Turo Law ffLices
RON TURO, Esquire - Of Counsel
www.TuroLaw.com
28 South Pitt Street
GALEN R. WALTZ, Esquire
JAMES M. ROBINSON, Esquire
RICHARD D. KOCH, Esquire
MICHAEL R. SMITH, Esquire
LORIN A. SNYDER, Esquire
JOHN M. SHUGARS, Esquire
*Also admitted in Maryland
January 30, 2008
Karl Rominger
155 South Hanover Street
Carlisle, PA 17013
RE: Shughart v Shughart Contempt
Dear Karl:
Carlisle, Pennsylvania 17013
(717) 245-9688
(800) 562-9778
Fax (717) 245-2165
I have discussed your January 25, 2008 letter with Mr. Shughart and we accept your payment
schedule in part. In effect, it is expected that Dawn shall make an $8,000.00 payment on or before
Tuesday, February 5, 2008 and that the next alimony payment will be April 25, 2008 in the amount
of $1,000.00; May 15, 2008 in the amount of $2,000.00; June 15, 2008 in the amount of $2,000.00;
July 15, 2008 in the amount of $2,000.00; and August 15, 2008 in the amount of the remaining
balance of $5,000.00. The aforementioned payment schedule is to be controlled by the enforcement
provisions contained in the July 13, 2005 Marital Settlement Agreement and furthermore, a copy of
the $150,000.00 policy naming William Shughart as beneficiary shall be provided to me immediately
upon receipt of this letter. As you know, your client agreed to provide the life insurance policy within
ten days of the verbal agreement which occurred January 14, 2008. We should have received the life
insurance policy on or before January 24, 2008.
The above agreement is contingent upon the receipt of that life insurance policy as it is
described in the July 13, 2005 Marital Settlement Agreement.
Other than the payment dates and the amounts made on those dates, this agreement does not
otherwise amend the July 13, 2005 Marital Settlement Agreement.
. Please advise if this is acceptable to your client and please provide immediately the copy of
the life insurance policy pursuant to the Marital Settlement Agreement.
Sincerely yours,
Galen R. Waltz, Esquire
GWaltz Turol-aw.com
cc: William Shughart
ll1L .\VULl: DU4\.T/lll\
Turo Law Offices
www.TuroL&w.com
RON TURD, Esquire - Of Counsel
GALEN R. WALTZ, Esquire
JAMES M. ROBINSON, Esquire
MICHAEL R. SMITH, Esquire
LORIN A. SNYDER, Esquire
M. LEE ALBRIGHT, Esquire
Karl Rominger
155 South Hanover Street
Carlisle, PA 17013
RE: Shughart v. Shughart Contempt
Dear Karl:
August 25, 2008
28 South Pitt Street
Carlisle, Pennsylvania 17013
(717) 245-9688
(800) 562-9778
Fax (717) 245-2165
It has come to our attention that your client, Dawn Shughart has failed to make any alimony
payments since the February payment of $8000. It has also come to our attention that the monthly
payments Mr. Shughart has given your client for the property taxes and homeowner's insurance on the
residence at 2560 Walnut Bottom Road have not been used to pay the taxes due for the years 2006 and
2007 and up to this date in 2008. Your client has made several purchases of furniture in 2006 using a
joint account that should have been terminated according to the settlement agreement. These
purchases, totaling $2783.63, are now past due and the creditor is coming to Mr. Shughart for payment.
All joint accounts should have been cancelled as per the 2005 Marital Separation Agreement.
Due to your client's failure to adhere to the payment schedule agreed upon in February 2008 and
these additional grievances, we must consider filing an amended contempt petition against her.
Please provide evidence of:
(1) The insurance policy naming William Shughart as beneficiary is still valid
(2) The mortgage payments due on the residence are up to date
(3) The homeowner's insurance on the residence is up to date
To avoid the filing of the Amended Contempt Petition your client must:
(4) Make all past due alimony payments
(5) Provide evidence or assurances that taxes due on Mr. Shughart's residences will be paid
(6) Remove Mr. Shughart's name from the credit account used to purchase furniture by your
client.
AUE UDIZ 1NLL6uv71
It is of great concern that the alimony payments are in arrears and that the funds given to your
client for the property taxes and homeowner's insurance were not used for these purposes. Please
respond to the requests made in this letter on or before September 2, 2008. 1 thank you for your time
and cooperation in this matter.
Sincerely,
Galen R. Waltz, Esquire
Gwaltz _TuroLaw.com
Cc: William Shughart
09-03-'08 15.18 FROM-AOMINGEE & ASSOC 7172416878 T-090 P001/001 F-092
RoMINGER & AssocIATES
Attorneys at Law
Karl E. Rominger
Lee E. Oesterling
September 3, 2008
VLA-FAmt Mass Mail and Tacsknile 017) 245-2165
Galen R. Waltz, Esquire
TURO LAW OFFICES
28 South Pitt Street
Carlisle, Pennsylvania 17013
RE: Shughart v. Shughart Contempt
Dear Galen:
Michael O. Palermo, Jr.
Vincent M. Monfredo
I am in receipt of your correspondence dated August 25, 2008, for the above
referenced matter. It is my understanding that my client is in a disparate state financially
at this time and is unable to make any payments or provide the documentation you are
requesting.
Sincerely,
ti
KN4E. Rominger, Esquire
KER/tlp
cc: Dawn Shughart
155 South Hanover Street, Carlisle, Pennsylvania 17013 • Tel: (717) 241-6070 • pax: (717) 241-6878
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VERIFICATION
I verify that the statements made in the foregoing Amended Piptition for Contempt
are true and correct. 1 understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
Date William F. Shughart
• K
M
CERTIFICATE OF SERVICE
I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of
the Amended Petition for Contempt, by first class, postage pre-paid and depositing
same in the Ynited States Mail, certified, return receipt requested, postage pre-paid on
the ? day of 3..ee4e.heY' , 2008, from Carlisle, Pennsylvania, addressed
as follows:
Dawn M. Shughart
713 Colonial Court
Mechanicsburg, PA 17050
and
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
TURO LAW OFFICES
Gra'len R. Waltz, Es
28 South Pitt Stre4l
Carlisle, PA 17013
(717) 245-9688
;-t
C.` ` -)
J
William F. Shughart
Plaintiff/Petitioner
V.
Dawn M. Shughart
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 05-3016 CIVIL TERM
CIVIL ACTION - LAW
RULE TO SHOW CAUSE
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AND NOW, this ( 0 day ?f 2008, upon receipt of the
Amended Petition for Contempt, a Rule to Show Cause is issued upon Defendant to
snow cause, if any he has, why the relief requested therein should not hr gr3r;ted.0
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WILLIAM F. SHUGHART, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 05-3016 CIVIL TERM
DAWN M. SHUGHART,
Defendant/Respondent CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this 17th day of October, 2008, after
hearing in this matter, the Defendant is ordered and directed to
take the following actions:
1. Provide a copy of the term life insurance policy
as well as the policy's beneficiary designation within 7 days of
this Order.
2. Provide a copy of the current mortgage statement
for 2560 Walnut Bottom Road, Carlisle, Pennsylvania, within 5
days of the date of this Order.
3. Bring her alimony payments up to date within 10
days of the date of this Order.
4. Make current all property taxes and homeowner's
insurance payments immediately.
5. Remove Plaintiff's name from liability on the
Well's Fargo account immediately.
6. Pay Plaintiff's reasonable attorney fees and
costs incurred in this matter representing all fees and charges
on Exhibit No. 8 after August 8, 2008. Said payment to be made
within 30 days.
A further hearing in this matter is scheduled for
Monday, January 5, 2009, at 9:30 a.m., to review the Defendant's
compliance with the terms of this order. The Defendant- ;cz!
advised that if she fails to comply with the terms of this Order
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she could be found to be in contempt thereof and sentenced to
undergo imprisonment for up to 6 months and/or pay a fine of up
to $1,000.00.
Failure to attend said hearing may result in the
issuance of a bench warrant for her arrest.
I Galen R. Waltz, Esquire
For the Plaintiff/Petitioner
Michael O. Palermo, Jr., Esquire
For the Defendant/Respondent
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WILLIAM F. SHUGHART, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 05-3016 CIVIL TERM
DAWN M. SHUGHART,
Defendant/Respondent CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this 5th day of January, 2009, the
Defendant having failed to appear as directed, a bench warrant
is issued for her arrest.
Edward E. Guido, J.
? Galen R. Waltz, Esquire
For the Plaintiff/Petitioner
? Michael 0. Palermo, Jr., Esquire
For the Defendant/Respondent
Sheriff
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WILLIAM F. SHUGHART,
Plaintiff/Petitioner
VS. .
DAWN M. SHUGHART,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 05-3016 CIVIL TERM
IN DIVORCE
PACSES CASE: 078107564
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ORDER OF COURT
AND NOW to wit, this 12th day of April, 2010, it is hereby Ordered that THE
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Cumberland County Domestic Relations Section dismisses their interest in the above captioned
Alimony account as there has been no action to enforce or collect the balance owed to the
Plaintiff.
The Alimony balance as of this date is $13,206.08.
This Order shall become final twenty (20) days after the mailing of the notices of the
entry of the Order to the parties unless either party files a written demand with the Domestic
Relations Section for a hearing de novo before the Court.
DRO: R.J. Shadday
xc: Petitioner
Respondent
Galen R. Waltz, Esq.
Form OE-001
Service Type: M Worker: 21005
BY THE COURT: