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Home My WebLink About06-1938SHAWN A. PRITCHARD, Plaintiff V. JENNIFER R. PRITCHARD, Defendant :IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA :NO. 0(o - 19 3? (2c,, C CIVIL ACTION - DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A j udgment may also be entered against you for any other claim or relief or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY 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 23 South Bedford Street Carlisle, PA 17013 (717) 249-3166 SHAWN A. PRITCHARD, : IN THE COURT OF COMMON PLEAS, Plaintiff :CUMBERLAND COUNTY, : PENNSYLVANIA V. :NO. OC, - /? ?? ?lul L?1L l JENNIFER R. PRITCHARD, Defendant :CIVIL ACTION -- DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Shawn A. Pritchard, who resides at 125 Oak Lawn Court, Apartment 203, Schaumburg, Illinois 60195. 2. Defendant is Jennifer R. Pritchard, who resides at 41 Greenmont Drive, Enola, Pennsylvania 17025 and who has indicated that his address is appropriate for use in filing this complaint. 3. Defendant has been a bona fide resident of this Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 28,1999, in Dauphin County, Pennsylvania. 5. The parties have been living separate and apart since on or about March, 2004, a date prior to the filing of this Complaint. 6. There have been no prior actions of divorce or for annulment between the parties. Neither of the parties in this action is presently a member of the Armed Forces on active duty. 8. Plaintiff and Defendant are both citizens of the United States. Plaintiff has been advised of the availability of marriage counseling and of the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiffwaives the right to request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued by the Court. 10. Plaintiff avers that this ground on which the action is based is that the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court enter a Decree of Divorce. DATED: Respectfully submitted, i Noma F. Blair Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 VERIFICATION I verify that the statement made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. „?,? ?' Dated: c 1h{Y V TJ T? /T L. i.7 SHAWN A. PRITCHARD, :IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. d?, - 92P Gto L (., JENNIFER R. PRITCHARD, : CIVIL ACTION - DIVORCE Defendant NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about March, 2004, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 3 - 3 l - D? c--- S A. Pritchard SHAWN A. PRITCHARD, Plaintiff V. JENNIFER R. PRITCHARD, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. C)(, - !YJP ?CUI. I.. ? 1 CIVIL ACTION - DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as attorney for the Plaintiff in the above- captioned case. Respectfully submitted, DATED: N4a F. Blair _' I Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 ,. r> ? ? ?? r?? -_, ` _ t;i °Ya -.. C.+? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAWN A. PRITCHARD, Plaintiff No. 06-1938 In Divorce V. JENNIFER R. PRITCHARD, Defendant Civil Action - Law PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Jennifer R. Pritchard, Defendant in the above- captioned matter. Date: Nay 50 zz tv KNIGHT & ASSOCIATES, P.C. . Shultz, Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAWN A. PRITCHARD, No. 06-1938 Plaintiff In Divorce V. Civil Action - Law JENNIFER R. PRITCHARD, Defendant CERTIFICATE OF SERVICE AND NOW, this ?= day of May, 2006, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following with a copy of the foregoing Praecipe by first class, United States Mail, postage pre-paid, addressed as follows: Nora F. Blair, Esquire 5440 Jonestown Road Post Office Box 6216 Harrisburg, Pennsylvania 17112-0216 Respectfully submitted, KNIGHT & ASSOCIATES, P.C. can M. Shultz, Esquire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorney for Defendant FAUsa FoldeMirm D s\Gmd 200 95]-1p icpe.mwwpd J? N ` ? J c 0 - T 7 o. -v ix a `irr? x. m C ' tD Z 3 Z D D . N CT SHAWN A. PRITCHARD, Plaintiff V. JENNIFER R. PRITCHARD, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1938 Civil Term CIVIL ACTION -- DIVORCE AFFIDAVIT OF SERVICE I, Karen L. Green, having a place of business at 4201 Catalina Lane, Harrisburg, PA 17109, being duly sworn according to law, deposes and avers as follows: 1. I am an adult individual. 2. On the May 1, 2006, I served a true and correct copy of the Complaint in Divorce and the Notice and Affidavit Under Section 3301(d) of the Divorce Code on Barbara Walker, the mother of Jennifer R. Pritchard, Defendant. 3. Said service was made at at their residence 41 Greenmont Drive, Enola, PA 17025. jrenL. Green Sworn to and subscribed before me this\ (o-"- day of 2006 x;? K Nnwy Public Chy of Wis. Dan n Cowry My Comm?ion Erse )uly 23, 2006 Member.P9 r*AwftAwocWwofNotVW N u n ? ?, -?? n,; ? ? ?-?, ??. _ -c, m ? tV z?C? .' W ? ? ,? ..... ?? y1'i / 'A v i' ?`? ?y r -- ??1 +',_ N `a L -.? SHAWN A. PRITCHARD, Plaintiff V. JENNIFER R. PRITCHARD, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1938 Civil Term CIVIL ACTION -- DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: Sean M. Shultz, Esquire Attorney for Defendant Nora F. Blair, Esquire, Attorney for the Plaintiff, intends to file with the Court the attached Praecipe to Transmit Record on or after June 11, 2006, requesting that a final decree in divorce be entered. Dated: May 22, 2006 ZOF.air Attorney for Plaintiff SHAWN A. PRITCHARD, Plaintiff V. JENNIFER R. PRITCHARD, Defendant :IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-1938 Civil Term :CIVIL ACTION - DIVORCE PRAECIPE TO TRANSMIT RECORD UNDER § 3301(d) OF THE DIVORCE CODE To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: (a) Date of service: May 1, 2006. (b) Manner of service: Personal Service on Defendant's Mother at Their Residence. 3. (1) Date of execution § 3301(d) affidavit: March 31, 2006 (2) Date of filing and service of § 3301(d) affidavit upon the other party: (a) Date filed: April 4, 2006. (b) Date served: May 1, 2006. 4. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: (a) Date of service: May 22, 2006. (b) Manner of service: First Class Mail to Defendant's attorney. 5. Related claims pending: NONE DATED: Nora F. Blair, Esquire Attorney for Plaintiff SHAWN A. PRITCHARD, Plaintiff V. JENNIFER R. PRITCHARD, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1938 Civil Term :CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have this date served the Notice of Intention to Request Entry of Divorce Decree and attached Praecipe to Transmit Record on the person in the manner stated below which service satisfies the requirement of Pa.R.C.P. Rule 440. SERVICE BY FIRST CLASS MAIL TO: Date: May 22, 2006 Sean M. Shultz, Esquire 11 Roadway Drive, Suite B Carlisle, PA 17013 Supreme Court ID 45513 5440 Jonestown Road P.O. Box 6216 Harrisburg, PA 17112-0216 (717)541-1428 Respectfully submitted, N C.. V I' 2 Z i.; N M -! tV ,ern t co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAWN A. PRITCHARD, No. 06-1938 Plaintiff CIVIL ACTION - LAW V. JENNIFER R. PRITCHARD, IN DIVORCE Defendant PETITION FOR ALIMONY PENDENTE LITE 1. Petitioner, Jennifer R. Pritchard is an adult individual residing at 41 Greenmont Drive, Enola, Cumberland County, Pennsylvania. Petitioner's date of birth is May 13, 1973, and her social security number is 167-60-9838. Respondent, Shawn A. Pritchard is an adult individual residing at 125 Oak Lawn Court, Apartment 203, Schaumburg, Illinois. Respondent's date of birth is January 19, 1975, and his social security number is 202-66-0502. 2. The petition of Jennifer R. Pritchard respectfully represents that contemporaneously with this Petition, Petitioner filed an Answer and Counterclaim for Alimony Pendente Lite, Counsel Fees and Expenses to the Complaint in Divorce. A true and correct copy of the Answer and Counterclaim is attached to this petition. WHEREFORE, Petitioner requests that the Court order alimony pendente lite. Respectfully Submitted, T & ASSO S C. Sean M. Shultz, Esquire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Petitioner FAUser Folder\Firm Docs\Gendocs2006\3957-lpet.apl.wpd VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. OC lJl.1?L Date 9Jefer R. P chard IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAWN A. PRITCHARD, No. 06-1938 Plaintiff CIVIL ACTION - LAW V. JENNIFER R. PRITCHARD, IN DIVORCE Defendant CERTIFICATE OF SERVICE AND NOW, this e qf"' day of May, 2006, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Petition for Alimony Pendente Lite by first class, United States Mail, postage pre-paid, addressed as follows: Nora F. Blair 5440 Jonestown Road Post Office Box 6216 Harrisburg, Pennsylvania 17112 Attorney for Plaintiff KNIGHT & ASSOCIATES, man M. Shultz, Esquire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Petitioner FAUser Folder\Finn Docs\Gendocs2006U957-lpet.apl.wpd r3 ,Dkb IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAWN A. PRITCHARD, No. 06-1938 Plaintiff CIVIL ACTION - LAW V. JENNIFER R. PRITCHARD, IN DIVORCE Defendant DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): X (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division ofproperty, lawyer's fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I UNDERSTAND THAT IN ADDITION TO CHECKING (B) ABOVE, I MUST ALSO FILE ALL OF MY ECONOMIC CLAIMS WITH THE PROTHONOTARY IN WRITING AND SERVE THEM ON THE OTHER PARTY. IF I FAIL TO DO SO BEFORE THE DATE SET FORTH ON THE NOTICE OF INTENTION TO REQUEST DIVORCE DECREE, THE DIVORCE DECREE MAYBE ENTERED WITHOUT FURTHERDELAY. I, I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: ff) + all a?-WJ 1 ?{ ? 4Jeifer 4tend?ant?? NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. FAWU Fold Tr ,Do Grnd.200 957-I.1 afidevit.wpd _ n O I ` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAWN A. PRITCHARD, No. 06-1938 Plaintiff CIVIL ACTION - LAW V. JENNIFER R. PRITCHARD, IN DIVORCE Defendant ANSWER AND COUNTERCLAIM AND NOW, comes the Defendant, Jennifer R. Pritchard, by and through her attorney, Sean M. Shultz, Esquire, and responds to Plaintiffs Complaint as follows: 1. Paragraph 1 of the Complaint is admitted. 2. Paragraph 2 of the Complaint is admitted. 3. Paragraph 3 of the Complaint is admitted. 4. Paragraph 4 of the Complaint is admitted. 5. Paragraph 5 of the Complaint is admitted. 6. Paragraph 6 of the Complaint is admitted. 7. Paragraph 7 of the Complaint is admitted. 8. Paragraph 8 of the Complaint is admitted. 9. Paragraph 9 of the Complaint is admitted. 10. Paragraph 10 of the Complaint is admitted. COUNTERCLAIM COUNT I - INDIGNITIES 11. Paragraphs 1 through 10 are incorporated herein by referenced. 12. Alternatively, Plaintiff avers that the Defendant has offered such indignities to her, the injured and innocent spouse, as to render her condition intolerable and his life burdensome. The foregoing facts are averred and brought under Section 3301(a)(6) of the Divorce Code of 1980, as amended. WHEREFORE, Defendant requests the Court to enter a Decree in Divorce. COUNT II - REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTIONS 3104 AND 3105(a) OF THE DIVORCE CODE 13. Paragraphs 1 through 12 are incorporated herein by reference. 14. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of said marriage until the date of their separation. 15. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. 16. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Defendant respectfully requests the Court to equitably distribute the marital property of the parties and equitably apportion their debts pursuant to the Divorce Code of 1980, as amended. COUNT III - CLAIM FOR ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 17. Paragraphs 1 through 16 are incorporated herein by reference. 18. Defendant requests your Honorable Court to allow her alimony pendente lite, reasonable counsel fees and expenses pursuant to Section 3702 of the Pennsylvania Divorce Code. WHEREFORE, Defendant requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; B. Equitably distributing all property owned by the parties hereto; C. Awarding alimony as the Court deems just and reasonable; D. Ordering payment of alimonypendente lite, counsel fees and expenses as the Court deems just and reasonable; and E. For such further relief as the Court may determine equitable and just. COUNT IV - CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 19. Paragraphs 1 through 18 are incorporated herein by reference 20. Defendant requests your Honorable Court to allow her alimony as it deems reasonable pursuant to Section 3701 of the Pennsylvania Divorce Code. WHEREFORE, Defendant requests the Court to enter a Decree in Divorce. Respectfully submitted, effGIAT & ASSOC S, P.C. LI --// 5- - Sean M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAWN A. PRITCHARD, No. 06-1938 Plaintiff CIVIL ACTION - LAW V. JENNIFER R. PRITCHARD, IN DIVORCE Defendant CERTIFICATE OF SERVICE AND NOW, this Slt? day of May, 2006, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Answer and Counterclaim by first class, United States Mail, postage pre-paid, addressed as follows: Nora F. Blair 5440 Jonestown Road Post Office Box 6216 Harrisburg, Pennsylvania 17112 Attorney for Plaintiff KIST & ASSOCIATES, P.C. Sean M. Shultz, Esquire ?- Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Defendant VERIFICATION The foregoing Answer is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Answer and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Je fifer R. ritchard h? d V W QR ? -71 C ? n 0 .. i SHAWN A. PRITCHARD, Plaintiff V. IN THE COURT CUMBERLAND O : NO. 06-1938 Civil JENNIFER R. PRITCHARD, : CIVIL ACTION - Defendant PRAECIPE TO ISSUE BILL OF P To The Prothonotary: Please issue the attached Rule on Defendant to of Particulars. DATED: 7 Z ?? 7, ooh, N6ra F. Blair Supreme Cou: 5440 Jonestou Post Office Bc Harrisburg, P. (717)541-1428 COMMON PLEAS, 'Y, PENNSYLVANIA with your office a Bill ID 45513 Road 6216 17112-0216 i .,t SHAWN A. PRITCHARD, Plaintiff v. JENNIFER R. PRITCHARD, Defendant IN THE COURT CUMBERLAND O NO. 08-1938 Civil CIVIL ACTION - RULE TO FILE BILL OF PARTIi TO: Jennifer R. Pritchard c/o Sean M. Shultz, Esquire 11 Roadway Drive, Suite B Carlisle, PA 17013 You are hereby directed to, within twenty (20) days this Rule, file a Bill of Particulars with the Office of Cumberland County Court of Common Pleas and serve Plaintiff. DATED: (.1 I )6(. COMMON PLEAS, 'Y, PENNSYLVANIA date of service of Prothonotary of the a copy on counsel for N_ T C _+ 'TS ? S T ?y C ? fll r -.. LQ - t7 cn In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION JENNIFER R. PRITCHARD ) Docket Number 06-1938 CIVIL Plaintiff ) VS. ) PACSES Case Number 913108316 SHAWN A. PRITCHARD ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 18TH DAY OF JULY, 2006 IT IS HEREBY ORDERED that the Q Complaint for Support or Q Petition to Modify or ® Other ALIMONY PENDENTE LITE REQUEST filed on MAY 25, 2006 in the above captioned matter is dismissed without prejudice due to: AN ORDER OF SPOUSAL SUPPORT BEING ESTABLISHED ON OR ABOUT JUNE 16, 2004 IN DAUPHIN COUNTY, PENNSYLVANIA UNDER PACSES CASE #125106258 AND DOCKETED AT 0058 DR 04. O The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY T: Edgar B. Bayley, JUDGE RRO: I.J. Shadday Form OE-506 Rce ype m Worker ID 21005 r_7 r-, ;? h i r, - '-_ T -,? 1-i ? r.= ?? -. -- =< _ ?...; SHAWN A. PRITCHARD, Plaintiff VS. JENNIFER R. PRITCHARD, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-1938 CIVIL TERM : CIVIL ACTION -DIVORCE PRAECIPE Please withdraw my appearance as attorney t ff in the 005e matter. Date: 41,Zy /07 4'4orA,F. Blair, Esquire `-- 5440 Jonestown Road PO Box 6216 Harrisburg, PA 17112 717/541-1429 Please enter my appearance as attorney for plai the above matter. Date: 4/ 3'0/07 / Timothy J. O'Connell, Esquire Turner and O'Connell 4415 North Front Street Harrisburg, PA 17110 717/232-4551 CC -°? ? -r- f -°°c -?-; ?_ ? - ; ?: ?,? _ ?' -- ' r" y ? ,,?°ss ?? `` :: ? = .?-? c,_ r•? .? SHAWN A. PRITCHARD, Plaintiff V. JENNIFER R. PRITCHARD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 06-1938 IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Shawn A. Pritchard, plaintiff, moves the court to appoint a master with respect to the following claims: That the marriage is irretrievably broken and in support of said motion states: 1. Discovery is complete as the claims requested for which the appointment of a master is requested. 2. The defendant has appeared in the action through counsel, Sean M. Shultz, Esquire. 3. The statutory ground for divorce is Section 3301(c) or 3301(d). 4. The action is contested with respect to the following: alimony 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one-half day. Date: -/ -?? Timo J. 'Connell 4415 h ront Street Harrisburg, PA 17110 (717) 232-4551 Attorney for defendant 0 1 .' 5R, 4- .. SHAWN A. PRITCHARD, Plaintiff VS. JENNIFER R. PRITCHARD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1938 CIVIL ACTION -LAW IN DIVORCE INCOME AND EXPENSE STATEMENT OF SHAWN A. PRITCHARD I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Ala,, . V, , 2d a 7 ?--? ?.4_44 Date: 4 INCOME Employer: Norfolk Southern Corporation Address: 2040 East 106th Street, Chicago, IL 60617 Type of Work: transportation Payroll Number: 0650258 Pay Period (weekly, biweekly, etc.): biweekly Gross Pay per Pay Period: $3,358.34 Itemized Payroll Deductions: Federal Withholding $ 601.43 Social Security (RRT Tier 1) $ 247.44 Local Wage Tax $ 00.00 State Income Tax $ 94.54 Health Insurance $ 131.45 Other (specify) RRT Tier 2 $ 126.15 Child support/ Alimony $ 680.00 401 K loans $ 106.80 Net Pay per Pay Period: $1,370.53 Other Income: Week Month Year (Fill in Appropriate Column) Interest $ $ $ 73.38 (2006) Dividends $ $ $ Pension $ $ $ Annuity $ $ $ Social Security $ $ $ Rents $ $ $ Royalties $ $ $ Expense Account $ $ $ Gifts $ $ $ Unemployment Comp $ $ $ Workmen's Comp. $ $ $ Total: $ $ $ 73.38 TOTAL MONTHLY INCOME: $2,975.60 I EXPENSES Home Mortgage/Rent Maintenance Utilities Electric Gas Oil Telephone Water Sewer Weekly Monthly Yearly (Fill in Appropriate Column) $ $1214.00 $ $ $ 60.00 $ $ $100.00 $ $ $ 60.00 $ $ $ 22.00 $ Employment Public Transportation $ Lunch $ $174.00 $ Taxes Real Estate $ $ $ Personal Property $ $ $ Income $ $ $ Insurance Homeowners $ $ 85.00 $ Automobile $ $39.00_ $ Life $ $ $ Accident $ $ $ Health $ $ $ Other $ $ $ Automobile Payments $ $ $ Fuel $ $ 50.00 $ Repairs $ $ $ Medical Doctor $ $ $ Dentist $ $ $ Orthodontist $ $ $ Hospital $ $ $ Medicine $ $ $ Special Needs $ $ $ (Glasses, braces, orthopedic devices) r Education Private School $ $ $ Parochial School $ $ $ College $ $ $ Religious $ $ $ Personal Clothing $ $ 85.00 $ Food $ $450.00 $ Barber/hairdresser $ $ $ Credit payments Credit Card $ $500.00 $ Charge Acct. $ $ $ Memberships $ $ $ Loans Credit Union $ $350.00 $ Amer. Ed. Services $ $250.00 $ Wells Fargo $ $100.00 $ Miscellaneous Household help $ $ $ Child care $ $ $ Papers/books/magazines $ $ $ Entertainment $ $200.00 $ Pay TV $ $ $ Vacation $ $350.00 $ Gifts $ $ $ Legal fees $ $165.00 $ Charitable contribution $ $ $ Other child support $ $675.00 $ Alimony payments $ $675.00 $ Other Total Expenses $ $5604.00 $ C= r? "t't r: rvi x s 1 9 5 c? SHAWN A. PRITCHARD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-1938 JENNIFER R. PRITCHARD, : CIVIL ACTION - LAW Defendant : IN DIVORCE INVENTORY OF Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date:: KdY. 4.0 ZDO-T A. Pritchard SHAWN A. PRITCHARD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06-1938 JENNIFER R. PRITCHARD, CIVIL ACTION -LAW Defendant IN DIVORCE Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real property (X) 2. Motor vehicles () 3. Stocks, bonds, securities and options () 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () 8. Trusts () 9. Life insurance policies (including face value, cash surrender value and current beneficiaries) () 10. Annuities O 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14, Personal property outside the home () 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) (} 16. Employment termination benefits - severance pay, worker's compensation claim/award () 17. Profit sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) () 19. Retirement accounts, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. Military/V.A. benefits () 23. Education benefits () 24. Debts due, including loans, mortgages held () 25. Household furnishings and personalty (include as a total category and attached itemized list if distribution of such assets is in dispute) SHAWN A. PRITCHARD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06-1938 JENNIFER R. PRITCHARD, CIVIL ACTION -LAW Defendant IN DIVORCE MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other persons as of the date this action was commenced: Item Description of Names of All Number P=eaty Owners 1 RCI Time Share Shawn A. Pritchard Jennifer R. Pritchard 2 2002 Saturn Vue Shawn A. Pritchard Jennifer R. Pritchard SHAWN A. PRITCHARD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-1938 JENNIFER R. PRITCHARD, CIVIL ACTION -LAW Defendant IN DIVORCE NON-MARTIAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Description of Reason for Number P=erty Fxclncion 5,6 PSECU checking and savings set up as joint accounts but used accounts exclulsively by Shawn Pritchard SHAWN A. PRITCHARD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-1938 JENNIFER R. PRITCHARD, CIVIL ACTION -LAW Defendant IN DIVORCE PROPERTY TRANSFERRED Item Description of Date of Consid- Person to Number Prom Trand .r ration Transferred none SHAWN A. PRITCHARD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-1938 JENNIFER R. PRITCHARD, CIVIL ACTION -LAW Defendant IN DIVORCE LIABILITIES Item Description of Names of All Names of Number Proms, Creditors, All Df, tors none 1©4 Dqn t w t of the Treasury - Warnel Rrmue Service ? 006 ? U.S. Individual income Tax Return.( MunOn* -?rw%ftOrm into.pe.. Fa rttn per.lan. $-Des 81, Me, aoewtarYee? 0 .2006, enft I m OMB N0. 9 . ,.1b,. Lael L Your first name and trdtlal Lent me -.-.--- _ Yo rsodel eeeurW number (See s : Shawn A itahard 202-66--0502 r,.anaions) a r a JobK nlun, dpouaswe flrd rmme and wm Last came 9prNrse'ssodSFsdcuflfaf number Use the IRS L b" H . '' R Moms ad&W (raenber and dtresq. If you Carve a P.O. box, see kabUcdone. 125 L Apt no. You must soar bo ear-88N A- pie Print Oa awn tour (s)a w. y 203 or We. a City town pod office, dale, and ZIP code. If you have a foreign address. eae irmhu brm Chedutng a boot below will not p charge your tax or refund. Election C We if VO% or Your SPMM M OW Jointly, wart $3 to to gals fund ace Opgrucdone 1 You [] Spouse 1 4 Mead of houasfwld (wb V..w kug person). (See knbuotlons) if Filing Status 2 ? Married I'MV AntlY (even if-only one had hm") the gratatitno parson is a child but rat your d?ndenk soar Check only 8 ? Married ffiing selmalmly. Enter spouse's SSN above tins child s name hare ? ores box. and frill Tarns hen. ? d ? QU N ft wadow(w) with deperdert child (See iratruatlone) Oa ® Younalf. If Someone can claim you as a depwhderrt, do not check bcou Ba .. ... .. . @b cued d l ExempWns b _ .. on9esnd/b C If moo than four deperdenbn, sae kstructlors. aPMdsna' 1 Rrd name -Lastname (? doofaf bar to x f e 171 No. of ehMdfsn on Se who: e 9ved with you 0 e_did not 9fe with you doe to divorce 0 gnm=ns) Add members on 7 Wall", "MON. tlps, alt. Mach Form(s) W-2 . . . .. ... .. . . .. ... .... 7 Income 8a Taxable kNerest. Mach Sc adure B if required .. . .. . ... . .. 8a Attach Fornr(m) W-2 here. Also b 9a Tax-exanlpt krtenet. Do not kwkrde on One So .. ... .. 8b Ordinary dividends. Mbrch Schadule B If requlred .. ... . . .. .. ... ..... sic attach Forms W-20 and 100" if tax b 10 Qualified dividends sea Instructions) 9b Taxable refunds, credits, or offeels of stale and burl incom taxes (sea instudforie) . . .. . 10 was vWd"d. 11 Al mory received .. ... ... ... ... ... ... . .. .... ... .. . ... 11 H you did not 12 Busi ess kneorre cr(loss). Match Schedule C or C-EZ .. . .. ... .. . .. . ... .. 12 pet a W-2, 1S Cepibd gain or (loss). Maach 8dtedule D N raWired. If not required, check here . . . ? ? 13 ass instruotlons. 14 Other pans or (loess). Atbaoh Form 4797 .. ... .. . . . . . ... .... .. 14 16a IRA dletrbutlone .. ... 16a b Tamable amount (see inebucoom) 16b 16m Pensions and annum" .. 1St b Taxable amourt (see instruMons) 16b Enciose, but do 17 Renal real eabrte, royaltles, Partnerships, S corpcratbns, buste. OW. Mlanh Schedule E . . . 17 not amdcn, any ? 18 Farm kncorne or (loss). Attach Schedule F .. .. . ... . .. . . . . . . .. . . .. 18 a t O' 19 Unernployrnent compersatlon .. ... ... ..... 19 Form 1040-V. 20m Social security barefils .. 120. { { b Ta)mft amount (see indtrudtons) 20b 21 01 her kncerrne. List type and amount (see kstructlors) .. ... ... .... .. ... ... 1 21 23 Archer MSA deduction. Allad Farm SS53 .......... 23 24 Certain bu hm" empeneaa of rese rvisls, performing ardsis, and fee-basis government officials. Adech Form 2108 or 2108-EZ . 24 AtJteted 26 Heakh savknge account deduction. Afdaeh Form SM ..... 25 Gross 28 MAcvkhg af¢ennaea. Mach Form 3803 .. ... ... ... . 28 Income 27 Ore-half of calf-employrrmrnt tmx. Attach Sdwxk& SE ..... 27 28 SelMrMloyed SEP, SNWPW, and W@Wwd plers . . ... .. 28 29 SW-ernpbyed h amill insurance deduc*m (see Instrrxtlons).. 29 30 Penalty on early w*WravW of savknge .. . .. ... . . . 30 31a AbywWpafd b RedpW988N ? 167-60-9838 31a 8,776. 32 IRA deduction (eve Irmhfucom) .. ... ...... ... 32 33 Student loan knferest deduction (see irmbuctbrs) .... . .. 33 34 Jury duty pay you gave to your amploper . . . .. ... ... 34 36 Domastlc production aC Men dadurtlom. Ahlach Form 8903. . 36 36 Add fires 23 tfrouugh 31a and 32 tlrargh 35 . . ... ..... . .. . ... .... .. 36 8,776. 37 Subtract fire 36 from fire 22. This fe your adlusted gross Income .. ... ... ... ? 37 84,265. For Dftck e, PIWMY And, and Paperwork Reductlon Act Notice, sae Insbuctlora. Form 1040 (2MM UYA . F10610166(2006) Shawn A Pritchard 202- Tax 36 Amount from the 37 (**u ted grow ktaom) .. .. ...... ..... ' 38 _ son Check f.. Q You were bom bsfar Jamwry 2,1942, 0 Blvd. Tohf H9xo It l ? ipofwrwrs bom before J=u ry 2,1942, ? MW. } kdwaked ? b r your -pare mfmbea on • asparse•r•armoryou wan •dua4•ISbra aeon sa• rrauctbro am a+adc tnra ? 39b Deduction 40 Nwrdzed deductions ft m Schedule A) or your standard deduatlon (see left nwgh) . . ... 40 for 41 Subtract Ine 40 room Um 38 ..... ... ... .. . .. . . . . . . . .. .. ... .. 41 p- Som any ° boot an Am 42 If km 38 is own $112,875, or youprovi led hou skV to s person displaced by Hwrlmw Kabine, see imtrucUm."0therwtse, not" $3,900 by gotoW number of elameptiera cakrted on line 6d. 42 i 30m or 30b or wlb who can n b or 3 Taxable hraome. SuMmat kw 42 from the 41. If Ihs 42 is more than Ins 41, enter 40- .. 3 claimed we a 44 Tax (sae InebuOfions). Check If anytsn is from: a ? Form(s) 8814 b ? form 4972 .. . .. .. 44 ? . 45 Alternadw rMn murn tax (see k*mc m). Attach Form 8251 .. ... ... . .. . . . 45 0 AN obese: 46 Add lines 44 and 45 . . . . . ... ...... ... .. .. .. . . . . . .. ... .. 46 BkWle or 47 Fonipn tax credl. Attach Form 1118 If req *W .. .. . ... . 47 l*? S 48 Craft for child and dspwKW* cans ae?perum. Atlach Form 2441 . 48 l 151 49 Credl for the elderly or the dbabied. Mach Sctedtde R .. . .. 49 tAWW IVkV 80 Edueadon credits. Attach Forth 8883 . . .. . . . . ... .. 50 jok*yor G 51 Retinsnwrk wvkegs QOntril Ams crest. Mach Form 8880 .. .. 51 uoK*v widow(er), 82 ReskbnW energy credits. Atfwc h Form 5895 .. ... .. . .. 52 $10,300 53 Child tax ma (see kwhaoill"). A twch Form SM If requked.. 83 Head of 64 Credit from: a ? Form 8398 b ? Farm 8638 c ? Form 6859 84 household, 66 Otiar kmedNa: a ? Farm 3600 b ? Form 8601 c ? Form 66 86 Add Hnn 47 through 55. These are yaw total rrecib ..... ... ... ...... .. 56 Pepe 2 87 Subtract time 58 from Ira 48. If Wte 58 Is more Own Ins 48, enter -0 . .. ... .. . . . . . ? 67 15,050. Other 86 SNf-empbyrrwnt tare. Aftwh Sdw&" SE . . ... .. . .. . . . . . .. .... .. . . . 66 Taxes fro Social swu* wnd Meft re to on tip hoorra not reported to employer. AOech Form 4137.. . . 59 60 Addkbnsl tsx on IRAs, o#wr qudNW ro*wnw t plarw. etc. Attwch Form 5329 r req uked .. .. 6o 61 Advance earned income c;aM pwyfranb from Form(a) W-2, box 9 . . .. ... . .. . .. . . 61 62 HousebokJ ernployrnwt taxes. Aftacu Schedule H . .... ... .. . . .. ... .... 62 63 Add Ines 57 drwwh 82. This M m r total tax .. . .. . .. ... ... ... .... . ? 68 15 _050 _ PayMent3 64 Federal hconte tK withheld from Forms W-2 and 1089 .. ... . 64 „ 16,854.' 66 2006 setlmated tax psymerds end amount appal from 200b rsfum . . . 68 EISS 66a flamed kucmne one (m . . . . . . . . . . .. . 66a Child, b NaMmmble combat pey election ? Wb 67 social wmty and tier 1 RRTA tax vA*wM (sea katr.) . . 67 Addrlormd child tax credit. Attach Form 8612 .. ... ... ... 68 89 Amount pied with request far a nsim to file (see irwtnudiom) .. 69 70 Payment horm: a ? F.2489 b? Form 413$ c ? Form sees . . 70 71 OWN for federal t Wow mmime tau psld. Attach Form 8913 r uemdrod 71 0. 72 Add Inn 84 85 Oft wnd 87 Vvw.Vh 71. Thew we total nerft. ...... .. ? 72 Rotund 73 fl Ins 72 N awns Own lka 63, subtract Ira 63 from the 72. This t ttes anuourd you ovwpM 73 Dined depoW Us Amount of ikw 73 you ward refunded OD you. 9 Form 8888 Is all cI , k4teCk here ? ? 74a Salty krhecbu7"fr 1p. b Routing number 110, a Type.® ChwWng 8a ? brtps a -I 740, end 74d. ? of Account number 1045090049 or Form 8668. 75 Amourd of One 73 you ward appNed So yaw 20117 sdhmW tax ? 1 75 Amount 76 Amount you oww. Subhwct Inn 72 from rra 63. For dataik on how to pay, see Iratrudbrw ? 1 76 0 T-Ua idM 77 Eslkrrcfsd toot $w kattuaftons 77 Third Party Do You went to ailaw andher person to dbem this return with Ow IRS (ses kwkuctkm)? Yes. Conplste Ors fc0owkg. No Designee Dealpnee's Phone Personal klentificadon '?/ name ? no. ? nmbw (Pit) ? n Urrdsr parrala of p•rJta1 dscisr• arc r IoM wamrrd tiles reaan and a np•r ,m seI -,- am erea•arss, am b ft oat of my bnwMap• ow Here bsesf, any an tors, and wmoft Daeiu asrr a pmp m (oe fin tugy" is basedon all bamnanm of wtsdr pnparw ilia any beam ckw Joht rob"? Your aWnshme Dais Your occ ulmon Daytime phone numbw a" Inewc"m er 773-339-5612 KeKe p - I-" Sponas'e signature. r a Joint retum, both moot eiprr. Deis Spouse • oaxrpation YMW two"&. „v Paid , Dale Ch F Prepow a SON or PTN Pmparees Use Only Finn's name (or , EN MM-1 rJ'fe ? r, ser-•myW?a4M P,.? Mi no. uYA Fore 1040 r2wm OMB No. 1546=4 SCHEl ME D Capital Gains and Losses (i=onn 1040) ? Attach to Form 1040 or Form 1040ML ? Sao Instructions for sdodule D (Form 1040). 0( DNpaanakoft*Tfewiv - - - -• - - -- __ ..yam.. shorKr on rdwn I Your sam samow Short-Tenn CWW Gains and Losses - Assets Held One Year or Less W Deaalption d PMPO 1Y ( lan4ft CID sh.XYZ Co.} ,(?,? Mo. (c) Date add (Ma, day, yr.) (d) Sales price (nee WWAM icrm) or other bats, (see indnlCOOM) W sale or pass) Subtract (a) from (d) 1 -2 Enter your short-term toffs, if any, from Schedule D-1, line-2 .............................. .2 3 Tog l short4erm-sales-priae amounts. Add lines 1 and 2 in column.(d) ........................... 3 " 4 Short-term gain from Form 8252 andVtori-term gain-or (loss) from Forms 4684, M1 , -and 8824 -4 b Not short-term gain or (loss)-from partnerships, E corporations, estates, and busts from Sd,tsdu1e(9) K-1 ............................................ 8 a Short-term capital lobe carryover. Enter the amount, if any, from dine 8 of your Capital Loss Carryovor Worksheet in the Instructions .............................. 6 7 Not si 4srm ampWAsIn or- Combine lines 1 throuch 8 in column........... 7 0. -Long Term Capital C4ains-andA osses -Assets-Held-Mae Than One Year (a) Osserip M of property Mampie:100-sh. XYZ C0:) (b) OM (C Date add (MO.; day, yr.) (d)Seiea price (see BatrUOWna) )Cod or Other basis teen NIGUIOWN) M eah erooss) &d*act (e) from (d) S 300 tsh -NS CO= 0,6101/1999- 101-11112006 14,550. -9 -97-5 - -4 575 . 9 -Enter your long-term totele, if any, from Schedule D-1, fins-9 .............................. .9 " 10 Total-long?tem-sales-prime-amounts. Add lines 8 and 9 in column A ........................... 10 14 _550 . - 11 Gain from Form 4797, Part 1; long-term, gain from Forms 2439 and 6252 and long-term gain or (loss) from Forms 4684, 8781, and 8824 .............................. 11 12 Net long-term -gain or (lose) from partnerships, S corporations, estates, and trusts from Schedule(s) K1 ............................................ 12 13 Capitalgain distributions. See Instructions .............................. 13 14 Long-term capital loss carryover. Enterthe-amount; if any, from lime 15 of your Capital Loss Ca nyover VAw1wheot in the instructions .............................. 14 15 Net-long-term ggtal-gairt or (loss). Combine lines 8 through 14 in column (f). Then go to Pad IN on Pop 2 15 4,575. For Papenvorir Rsducdon Aot it a dw, sea kutrvetlorrs. seiraduk D (Form 1010) 2006 UYA sabaaeutF«m 10Q2we Shawn A Pritchard 202-66-0502 sae 2 8urrrnry 16 Combine lines 7 and 15 and enter the result. If One Me a loss, sidp limes 17 through 20, and go to line 21. If a gain, enter the gain on form 1040, One 13, or Form 1040NR, One 14. Then go to line 17 below ............................................. 16 17 Are lines 15 and 16 both gains? ® Yes. Go to One IS. ? No. Sldp lines 18 through 21, and go to line 22. 18 Enter the amount, if any, from tine 7 of the 29% Rabe Gain WtOrkshest looted in the instructions .............................................. ? 18 19 Enter the amount, If any, from line 18 of the Unrecapbured 8eake 1250 Gain Vitirksheet located in the instructions ...................................... ? 20 Are lines 18 and 19 both zero or blank? ® Yes. Complete Form 1040 through fine 43, or Form 104ONR through line 40. Then complete the Quattlled Dividends and Capk d Gain Tax Workshest located in the instructions for Form 1040 (or in the instructions for Farm 1040NR). Do not complete Ones 21 and 22 below. ? No. Complete Form 1040 through line 43, or Form 104ONR through line 40. Then complete the Schedule D Tax Workshest located in the Instructions. Do Not complete lines 21 and 22 below. 21 If line 16 is a lose, enter here and on Form 1040, line 13, or Form 1040 NR, line 14, the smaller of • The lose on line 16 or • (53,000), or if married tiling separately, ($1,500) Note. When figuring which amount Is smaller, treat both amounts as positive numbers. 22 Do you have quadded dividends on Form 1040, line 9b, or Form 1040NR, line 10b? ? Yes. Complete Form 1040 through fine 43, or Form 104ONR though line 40. Then complete the QuadMed DhAdends and Capes Gain Tax Workshest located in the Instructions for Form 1040 (or in the Instructions for Form 1040NR). ? No. Complete the rest of Form 1040 or Form 1040NR. UYA 21 schadWe 0 (Rona 740) 20116 M M;p 14 w C? / r OEC18 2UO SHAWN A. PRITCHARD, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 06-1938 JENNIFER R. PRITCHARD, Defendant : IN DIVORCE ORDER APPOINTING MASTER AND NOW, this t IJ "' day of '2007, Ga?GL ?, !!?/r, Esquire is appointed master with respect to the following claims: By the Court: J. D' ribution: imothy J. O'Connell, Esquire, 4415 North Front Street, Harrisburg, PA 17110 717/232-4551 /ean M. Shultz, Esquire, 11 Roadway Drive, Suite B, Carlisle, PA 17015 717/249-5373 I Y AFFIDAVIT OF SERVICE KAREN L. GREEN STATE 10A CASE NO l R a 4201 Catalina Lane COUNTY Harrisburg, PA 17109 COURT D--?-•c?., (717) 545-3479 (717) 503-7464 Plantiff Vs* k. pc efendant j ? I, wnJ /" , , being duly sworn, depose and s y that on the day o , 2004 executed service by delivering a true copy of the in accordance with th state statutes in the manner. INDIVIDUAL SERVICE: served the within named person. ,A' SUBSTITUTE SERVICE: By serving QAtp-xtA-,i?., OL ate, /Y)';:Z ? J. POSTED SERVICE: after attempting service on at and at to a conspicuous place on the property described herein. OTHER SERVICE: as described in the comments below by serving as NON-SERVICE: for the reason detailed in the comments below. Comments I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in which this service was made. Sworn to and Subscribed before me on the Liv- day of , 200 by the Affiant who is perso ally known to me. e s Serve N fry ublic NotWW Sad Kkabed M. MonkNaopimy ?Pooblliiey Mai of 23, 2M M?l?9r, P?MMIQYlIf?9 Ag®p p?b0[I Of (?l0lgll8b b SHAWN A. PRITCHARD, Plaintiff VS. JENNIFER R. PRITCHARD, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1938 : CIVIL ACTION -LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on April 4 , 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: 011g1w A. Pritcharh Social Security No. Zo2- L 6 0'-.567- c:`- r c? ?7 ?r7 ... ?, ?.; 7 ' ` _. ? ? ?- ) `?. .. "` ? MIa= .? w"a ,,,,? '? SHAWN A. PRITCHARD, Plaintiff V5. JENNIFER R. PRITCHARD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-1938 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. S \ laj- Date: 4eer R. P 'tchard 161-[06 -yb3,b Social Security No. _ Na r "-r7 k ^dr ?f t SHAWN A. PRITCHARD, Plaintiff VS. JENNIFER R. PRITCHARD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-1939 : CIVIL ACTION -LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: tali gJa A. Pritch d Zoe G6 oSQ7 Social Security No. C`7 ?? SHAWN A. PRITCHARD, Plaintiff VS. JENNIFER R. PRITCHARD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-1938 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT A complaint in divorce under Section 3301(c) of the Divorce Code was filed on April 4 , 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: Je fer R. Prichard Social Security No. l' loll g 30 ,? k?9 ?:.:`., ,? f.:.?. ? 1 +/ ?.,t: e? • V SHAWN A. PRITCHARD, Plaintiff VS. JENNIFER R. PRITCHARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 1938 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this 6? day of , 2008, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated December 18, 2008, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY T!?,,F....COURT, cc: - TimothY J. O'Connell Attorney for Plaintiff ? Sean M. Shultz Attorney for Defendant ls.. v C ccv C ) . r PROPERTY SETTLEMENT AGREEMENT This agreement is made this 4 k day of 1 c,9&- bwz/ - , 2008, by and between SHAWN A. PRITCHARD, of 410 Tartans Drive, West Dundee, Illinois 60118, hereinafter for the purpose of brevity referred to as "Husband", and JENNIFER R. PRITCHARD, of 310 Maple Drive, Marysville, Pennsylvania 17053, hereinafter for the purpose of brevity referred to as "Wife", Witnesseth: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on August 28, 1999, and diverse unhappy differences, disputes, misunderstandings and difficulties have arisen between the parties, as a result of which they are living separate and apart; and WHEREAS, Husband has instituted an action for divorce in the Court of Common Pleas of Cumberland County docketed to No. 06-1938; and WHEREAS, the parties hereto are the parents of one child, Noah, born December 25, 2001; and WHEREAS, it is the desire of the parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights and all rights in, to or against each other's property and estate, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any and all claims for Wife's and/or Husband's maintenance and/or for support, alimony, counsel fees and costs. NOW THEREFORE, in consideration of the several mutual promises and/or covenants and/or agreements hereinafter contained, each of the parties hereto, intending to be legally bound hereby, promises, covenants and agrees as follows: First: Divorce The parties hereto further agree that the marriage is irretrievably broken, and that they mutually consent to a divorce and agree to execute all necessary affidavits required by the Court at the appropriate times. This agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the agreement. Husband and Wife each knowingly and understandingly waive any and all possible claims that this agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife each does hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this agreement. Second: Releases Except as provided for in this agreement, Husband and Wife each hereby forever releases, remises, discharges and quitclaims the other and the estate of the other, for all time to come and for all purposes whatsoever, from any action of any nature whatsoever in law or in equity. 2 Each of the parties specifically covenants and agrees and warrants and represents that the execution of this agreement and its terms and provisions are accepted by them as including, inter alia, full and complete payment by the other for any and all past, present or future obligations for support, care, education, maintenance, and property rights of the other. Each further covenants, warrants, represents and agrees that no action will be instituted by them (or claim of any kind be made) for their support, or for any claim for property or rights other than as set forth in this agreement, directly or indirectly, against the other, in any court or any jurisdiction whatsoever. The parties hereto recognize, acknowledge and agree that each of them hereafter shall not have and does not have any rights or claims for support, care and maintenance or for any rights or claims of property because the provisions herein in the nature of a post-nuptial agreement are fair and reasonable and the property distributions herein are fair and reasonable. Wife acknowledges that the property conveyed to her is a fair and substantial portion of and division of Husband's assets and Wife's rights to equitable distribution of property; Husband acknowledges that property allocated to him is fair and a substantial portion of and division of the assets of the parties and Husband's rights to equitable distribution of property. Third: Release of Testamentary Claims Except as provided for in this agreement, each of the parties hereto shall have the right to dispose of his or her property by Last Will and Testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's last wills under the present or future laws of any jurisdiction whatsoever, and is intended to confer third party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her Last Will and Testament. Each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allow administration upon his or her personal, real or mixed estate and effects to be taken out by the person or persons who would have been entitled to do so had Husband or Wife died during the lifetime of the other; and that neither Husband nor Wife will claim against or contest the will and the estate of the other. Each of the parties hereby releases, relinquishes and waives any and all rights to act as executor or executrix or administrator or administratrix of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his and her heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the rights relinquished under this paragraph. Fourth: Legal Advice The provisions of this agreement and their legal effect have been fully explained to the parties by their respective counsel. The Husband has employed and had the benefit of counsel of Timothy J. O'Connell, Esquire, as his attorney. The Wife has had the benefit of counsel of Sean M. Shultz, Esquire. Each party acknowledges that he or she fully understands the facts and fully understands his or her legal rights and obligations 4 and each party acknowledges and accepts that this agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of the agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and further agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never at any time sue the other party or his or her heirs, executors, administrators or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full disclosure or that there was any absence or lack of full, proper or independent representation. Fifth: Separation and Non-Molestation Agreement It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any authority, control, restraint or interference, direct or indirect, by each other. Each party agrees that he or she will not molest or harass the other, or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. Each may have for her or his separate use and benefit the right to conduct, carry on or engage in any business, profession or occupation. Neither of the parties shall, in any way whatsoever, interfere with the other's employment or occupation. The parties are free to mutually and voluntarily make any efforts at reconciliation as he or she or they shall deem proper. The foregoing provision, however, shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart, and shall not be taken to be an admission on the part of either Husband or Wife as to whether either party committed desertion and continues in such desertion, and nothing contained in this agreement is to be deemed to justify such continued desertion. It is specifically intended and understood and agreed by and between the p es hereto that his to be enabled to live not only separate and apart from other, but is also free to act as if r she were unmarried so far as any oth ons are concerned and each covenants and agre not to harass =arties the other or any other person who either party may hereafter see ially. hereto covenants and agrees that neither will deny or which the other might have bgause of any any right of support or maintenance with regard to any third persons; provideZsupersede er, that the parties hereto recogm that it is intended that this agreement shall any and all rights or claims to rt. Each of the parties here)6covenants and agrees that he and she will not charge the othe?Nv?th adultery in an)ction of any nature whatsoever, directly or indirectly, or whether involving or third persons. 6 Sixth: Debts All debts, contracts, obligations or liabilities incurred at any time in the past or future by either of the parties will be paid promptly by said party, unless and except as otherwise specifically set forth in this agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and saved harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever appertaining to such actions, claims and demands. Neither party shall, after the date of this agreement, contract or incur any debt or liability for which the other or his or her property might be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against her or him by reason of debts or obligations incurred by her or him and from all costs, legal costs and counsel fees unless provided to the contrary herein. Seventh: Equitable Distribution Norfolk Southern 401(K). Husband agrees to assign and transfer the balance of his Norfolk Southern 401(K) fund having an approximate balance of $2,'66869 to an account designated by Wife. Wife will be responsible for any income tax and penalty associated with the transfer of these funds. Automobiles. Husband agrees to and does hereby sell, set over, transfer and assign all of his right, title and interest in the 2003 Saturn Vue to Wife, releasing and relinquishing all claims to said automobile. Wife agrees to indemnify and hold Husband 7 harmless from any loan, debt, claim or other obligation arising out of the ownership of said vehicle. Personal Propert y. The parties agree to set over, transfer and assign all their right, title and interest in the property now in the possession of the other. PSECU Accounts. Wife agrees to transfer her right, title and interest in the joint PSECU accounts to Husband. Eighth: Alimony. Sunaort and Counsel Fees Alimony. Husband agrees to pay the following sums as alimony to Wife: First Year - for a period of one year following the date of the decree of 7 f6.oo divorce, $&Se-00 per month; Second Year - for a period of one year for the second year following the 716.00 date of the divorce decree, $750-:0D per month; Third year - for a period of one year for the third year following the date II(O-C7 of the decree in divorce, $55$.M per month. There shall be no further obligation for alimony after the third year or after death of Wife. Husband agrees to keep Wife on his health insurance until the divorce is entered. Following the entry of the divorce decree, Husband will have no further obligation to provide health insurance for Wife. Husband agrees to make a lump sum payment to Wife of $1,500.00 within sixth months following the date of divorce. Ninth: Life Insurance k#1 Husband agrees to maintain a life insurance policy on his own life in tlxe amount fb be d'.+cF f"O'44A by HIIsb'Ihd- - with Noah Pritchard named as beneficiary. Husband shall maintain said policy until Noah reaches the age of 18. James Martin shall be named as trustee for Noah for this purpose. Tenth: Confirmatory Documents Husband and Wife covenant and agree that they will forthwith (and within at least fifteen days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this agreement. The parties will further deliver to each other whatever personal papers, documents or writings that each now possess which are the property of the other. Eleventh: Agreement to Continue in Event of Divorce This agreement shall remain in full force and effect unless and until it is terminated either by mutual written consent of both parties, or to the extent it is appropriately terminated by the death of either party under the terms of this agreement. The failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. In the event that the marriage of the parties hereto is terminated by divorce, this agreement shall nevertheless remain in full force and in effect and shall survive such decree and shall not in any way be affected thereby, except as provided herein. 9 Twelfth: Agreement Binding on Heirs The terms, provisions and conditions of this agreement shall be binding upon any and all of their heirs, executors, administrators, successors and assigns of either the respective parties hereto, except as otherwise herein provided. Thirteenth: Annlicable Law This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. Fourteenth: Prior Agreements It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this agreement are null and void and of no effect. Fifteenth: 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 respects this agreement shall be valid and continue in full force, effect and operation. No provision of this agreement shall be interpreted for or against any party because that party or that party's representative drafted this agreement in whole or in part. Sixteenth: Enforcement It is expressly understood and agreed by and between the parties hereto that this agreement may be specifically enforced by Husband or Wife in a court of equity, and the 10 parties hereto agree that if an action to enforce this agreement is brought in equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said court on the ground that there is an adequate remedy of law. The parties do not intend or purport hereby to improperly confer jurisdiction on a court in equity by their agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of law, and in recognition of the general jurisdiction of courts in equity over agreements such as this one. Notwithstanding anything to the contrary herein, Wife or Husband may also proceed with an action at law for redress of any of his or her rights under the terms of this agreement. In the event that for any reason whatsoever either party is obliged to proceed at law for redress of his or her rights under the terms of this agreement, then it is specifically understood and agreed that for and in specific consideration of the other provisions and convents of this agreement, each shall waive any right to jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. It is specifically understood and agreed by the parties that in the event of a default under the terms of this agreement, the non-defaulting party shall have the right to file a petition for contempt and request such relief and remedies as authorized by law of the court. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees, costs and legal expenses that either may sustain, or incur or become liable or answerable for, in any way whatsoever, or shall pay upon, or in consequence of, any default or breach by the other of any of the terms or provisions of this agreement by reason of which either party shall or shall be obliged to retain or 11 engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both or in any way whatsoever; provided that the party who seeks to recover such attorney's fees, costs, and legal expenses and expenses must first be successful in whole or in part, before there would be any liability for attorney fees. All remedies provided by law and all remedies provided for in this agreement for enforcement of this agreement shall be deemed to be cumulative and the exercise of one remedy shall not bar or prevent the pursuit of any other remedy and either party may elect to pursue such remedies simultaneously and the exercise of a remedy one or more times shall not exhaust its use or prevent further pursuit of such remedy. This agreement shall not be deemed to merge into the decree of divorce. In witness whereof, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the date and year first written above. Witness: r (seal) A. Pritc d (seal) J 'fer R. Pritchar 12 SHAWN A. PRITCHARD IN THE COURT OF COMMON PLEAS VS. : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JENNIFER R. PRITCHARD rJp 06-1938 CIVIL TERM PRAECIPE TO TRA.NSNUT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 3301 (c) >ft8k(d)1) of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: served May 1, 2 0 0 6 , by personal service; see Affidavit of Service filed herewith 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff 1 2/ 1 8/ 0 8 ; by defendant 1 2/ 1 8/ 0 8 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: n can e 5. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: b. Date of plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the prothonotary: dated 12/18/08 and filed herewith Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: dated 1 2 / 1 8 / 08 and filed herewith Attmey for Plaintiff/OdMM Timothy J. O'Connell, Esquire `bo SHAWN A. PRITCHARD V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. PRITCHARD NO. 06-1938 DIVORCE DECREE AND NOW, December '50 2008 , it is ordered and decreed that Shawn A. Pritchard , plaintiff, and Jennifer R. Pritchard , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None The Property Settlement Agreement between Shawn A. Pritchad, plain i , an Jennifer Pritchard, e en an , a e December 18, 2008, shall be incorporated but not merged into this decree. so - ?? ?y PROPERTY SETTLEMENT AGREEMENT tk, This agreement is made this I $ day of e cQ M r , 2008, by and between SHAWN A. PRITCHARD, of 410 Tartans Drive, West Dundee, Illinois 60118, hereinafter for the purpose of brevity referred to as "Husband", and JENNIFER R. PRITCHARD, of 310 Maple Drive, Marysville, Pennsylvania 17053, hereinafter for the purpose of brevity referred to as "Wife", Witnesseth: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on August 28, 1999, and diverse unhappy differences, disputes, misunderstandings and difficulties have arisen between the parties, as a result of which they are living separate and apart; and WHEREAS, Husband has instituted an action for divorce in the Court of Common Pleas of Cumberland County docketed to No. 06-1938; and WHEREAS, the parties hereto are the parents of one child, Noah, born December 25, 2001; and WHEREAS, it is the desire of the parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights and all rights in, to or against each other's property and estate, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any and all claims for Wife's and/or Husband's maintenance and/or for support, alimony, counsel fees and costs. NOW THEREFORE, in consideration of the several mutual promises and/or covenants and/or agreements hereinafter contained, each of the parties hereto, intending to be legally bound hereby, promises, covenants and agrees as follows: First: Divorce The parties hereto further agree that the marriage is irretrievably broken, and that they mutually consent to a divorce and agree to execute all necessary affidavits required by the Court at the appropriate times. This agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the agreement. Husband and Wife each knowingly and understandingly waive any and all possible claims that this agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife each does hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this agreement. Second: Releases Except as provided for in this agreement, Husband and Wife each hereby forever releases, remises, discharges and quitclaims the other and the estate of the other, for all time to come and for all purposes whatsoever, from any action of any nature whatsoever in law or in equity. 2 Each of the parties specifically covenants and agrees and warrants and represents that the execution of this agreement and its terms and provisions are accepted by them as including, inter alia, full and complete payment by the other for any and all past, present or future obligations for support, care, education, maintenance, and property rights of the other. Each further covenants, warrants, represents and agrees that no action will be instituted by them (or claim of any kind be made) for their support, or for any claim for property or rights other than as set forth in this agreement, directly or indirectly, against the other, in any court or any jurisdiction whatsoever. The parties hereto recognize, acknowledge and agree that each of them hereafter shall not have and does not have any rights or claims for support, care and maintenance or for any rights or claims of property because the provisions herein in the nature of a post-nuptial agreement are fair and reasonable and the property distributions herein are fair and reasonable. Wife acknowledges that the property conveyed to her is a fair and substantial portion of and division of Husband's assets and Wife's rights to equitable distribution of property; Husband acknowledges that property allocated to him is fair and a substantial portion of and division of the assets of the parties and Husband's rights to equitable distribution of property. Third: Release of Testamentary Claims Except as provided for in this agreement, each of the parties hereto shall have the right to dispose of his or her property by Last Will and Testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's last wills under the present or future laws of any jurisdiction whatsoever, and is intended to confer third party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her Last Will and Testament. Each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allow administration upon his or her personal, real or mixed estate and effects to be taken out by the person or persons who would have been entitled to do so had Husband or Wife died during the lifetime of the other; and that neither Husband nor Wife will claim against or contest the will and the estate of the other. Each of the parties hereby releases, relinquishes and waives any and all rights to act as executor or executrix or administrator or administratrix of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his and her heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the rights relinquished under this paragraph. Fourth: Legal Advice The provisions of this agreement and their legal effect have been fully explained to the parties by their respective counsel. The Husband has employed and had the benefit of counsel of Timothy J. O'Connell, Esquire, as his attorney. The Wife has had the benefit of counsel of Sean M. Shultz, Esquire. Each party acknowledges that he or she fully understands the facts and fully understands his or her legal rights and obligations 4 and each party acknowledges and accepts that this agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of the agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and further agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never at any time sue the other party or his or her heirs, executors, administrators or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full disclosure or that there was any absence or lack of full, proper or independent representation. Fifth: Separation and Non-Molestation Agreement It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any authority, control, restraint or interference, direct or indirect, by each other. Each party agrees that he or she will not molest or harass the other, or compel or endeavor to compel the other to cohabit or dwell with him or her by 5 any legal or other proceedings. Each may have for her or his separate use and benefit the right to conduct, carry on or engage in any business, profession or occupation. Neither of the parties shall, in any way whatsoever, interfere with the other's employment or occupation. The parties are free to mutually and voluntarily make any efforts at reconciliation as he or she or they shall deem proper. The foregoing provision, however, shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart, and shall not be taken to be an admission on the part of either Husband or Wife as to whether either party committed desertion and continues in such desertion, and nothing contained in this agreement is to be deemed to justify such continued desertion. It is specifically intended and understood and agreed by and b9keen the parties hereto that \actif e enabled to live not only separate and ap from each other, but is also free to or she were unmarried so far as any er persons are concerned and each cd agrees not to harass or embarr s the other or any other person who either party may h?keafter see socially. EaYof the parties hereto covenants and agrees that neitheXupersede vor t bridge any right of support or maintenance which the other many alleged conduct with regard to any third persons; providedarties hereto recognize that it is intended that this agreement shall ay and all rights or claims to support. Each of the parties hereto covat a and she will not charge the other with adultery in any actioOf any nature whatsoever, or indirectly, or whether involving the ,Kr third persons. 6 Sixth: Debts All debts, contracts, obligations or liabilities incurred at any time in the past or future by either of the parties will be paid promptly by said party, unless and except as otherwise specifically set forth in this agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and saved harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever appertaining to such actions, claims and demands. Neither party shall, after the date of this agreement, contract or incur any debt or liability for which the other or his or her property might be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against her or him by reason of debts or obligations incurred by her or him and from all costs, legal costs and counsel fees unless provided to the contrary herein. Seventh: Equitable Distribution Norfolk Southern 401(K). Husband agrees to assign and transfer the balance of i-7 `fly his Norfolk Southern 401(K) fund having an approximate balance of $24-,4".00 to an account designated by Wife. Wife will be responsible for any income tax and penalty associated with the transfer of these funds. Automobiles. Husband agrees to and does hereby sell, set over, transfer and assign all of his right, title and interest in the 2003 Saturn Vue to Wife, releasing and relinquishing all claims to said automobile. Wife agrees to indemnify and hold Husband 7 harmless from any loan, debt, claim or other obligation arising out of the ownership of said vehicle. Personal Propert y. The parties agree to set over, transfer and assign all their right, title and interest in the property now in the possession of the other. PSECU Accounts. Wife agrees to transfer her right, title and interest in the joint PSECU accounts to Husband. Eighth: Alimony. Support and Counsel Fees Alimony. Husband agrees to pay the following sums as alimony to Wife: First Year - for a period of one year following the date of the decree of -71("'00 divorce, $856:00 per month; Second Year - for a period of one year for the second year following the 1(G. 00 date of the divorce decree, $756.00 per month; Third year - for a period of one year for the third year following the date -7/6 -'* 0 of the decree in divorce, $5"TO per month. There shall be no further obligation for alimony after the third year or after death of Wife. Husband agrees to keep Wife on his health insurance until the divorce is entered. Following the entry of the divorce decree, Husband will have no further obligation to provide health insurance for Wife. Husband agrees to make a lump sum payment to Wife of $1,500.00 within sixth months following the date of divorce. 8 Ninth: Life Insurance R /? Husband agrees to maintain a life insurance policy on his own life in the amount T u bP d c-? e??``ti ti p, 14,j, b,g.,p with Noah Pritchard named as beneficiary. Husband shall maintain said policy until Noah reaches the age of 18. James Martin shall be named as trustee for Noah for this purpose. Tenth: Confirmatory Documents Husband and Wife covenant and agree that they will forthwith (and within at least fifteen days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this agreement. The parties will further deliver to each other whatever personal papers, documents or writings that each now possess which are the property of the other. Eleventh: Agreement to Continue in Event of Divorce This agreement shall remain in full force and effect unless and until it is terminated either by mutual written consent of both parties, or to the extent it is appropriately terminated by the death of either party under the terms of this agreement. The failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. In the event that the marriage of the parties hereto is terminated by divorce, this agreement shall nevertheless remain in full force and in effect and shall survive such decree and shall not in any way be affected thereby, except as provided herein. 9 Twelfth: Agreement Binding on Heirs The terms, provisions and conditions of this agreement shall be binding upon any and all of their heirs, executors, administrators, successors and assigns of either the respective parties hereto, except as otherwise herein provided. Thirteenth: Applicable Law This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. Fourteenth: Prior Agreements It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this agreement are null and void and of no effect. Fifteenth: 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 respects this agreement shall be valid and continue in full force, effect and operation. No provision of this agreement shall be interpreted for or against any party because that party or that party's representative drafted this agreement in whole or in part. Sixteenth: Enforcement It is expressly understood and agreed by and between the parties hereto that this agreement may be specifically enforced by Husband or Wife in a court of equity, and the 10 parties hereto agree that if an action to enforce this agreement is brought in equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said court on the ground that there is an adequate remedy of law. The parties do not intend or purport hereby to improperly confer jurisdiction on a court in equity by their agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of law, and in recognition of the general jurisdiction of courts in equity over agreements such as this one. Notwithstanding anything to the contrary herein, Wife or Husband may also proceed with an action at law for redress of any of his or her rights under the terms of this agreement. In the event that for any reason whatsoever either party is obliged to proceed at law for redress of his or her rights under the terms of this agreement, then it is specifically understood and agreed that for and in specific consideration of the other provisions and convents of this agreement, each shall waive any right to jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. It is specifically understood and agreed by the parties that in the event of a default under the terms of this agreement, the non-defaulting party shall have the right to file a petition for contempt and request such relief and remedies as authorized by law of the court. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees, costs and legal expenses that either may sustain, or incur or become liable or answerable for, in any way whatsoever, or shall pay upon, or in consequence of, any default or breach by the other of any of the terms or provisions of this agreement by reason of which either party shall or shall be obliged to retain or 11 engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both or in any way whatsoever; provided that the party who seeks to recover such attorney's fees, costs, and legal expenses and expenses must first be successful in whole or in part, before there would be any liability for attorney fees. All remedies provided by law and all remedies provided for in this agreement for enforcement of this agreement shall be deemed to be cumulative and the exercise of one remedy shall not bar or prevent the pursuit of any other remedy and either party may elect to pursue such remedies simultaneously and the exercise of a remedy one or more times shall not exhaust its use or prevent further pursuit of such remedy. This agreement shall not be deemed to merge into the decree of divorce. In witness whereof, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the date and year first written above. Witness: (seal) 6hdwn A. Pritc and seal) J er R. P i chard 12 SHAWN A. PRITCHARD, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-1938 JENNIFER R. PRITCHARD, CIVIL ACTION Defendant IN DIVORCE MOTION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER AND NOW comes the plaintiff, Shawn A. Pritchard, who, through his attorney, Timothy J. O'Connell, Esquire, respectfully submits as follows: 1. On December 30, 2008, a Decree of Divorce was entered by this Court in the above captioned action. 2. The parties signed a property settlement agreement which provided for the transfer of funds from plaintiffs 401(K) account to defendant. 3. A proposed Qualified Domestic Relations Order reviewed and signed by the parties' respective counsel is attached hereto. WHEREFORE it is respectfully requested that this Court enter the Qualified Domestic Relations Order attached hereto. Respectfully submitted, Timothy J. O'Connell, Esquire TURNER AND O'CONNELL 4701 North Front Street Harrisburg, PA 17110 717/232-4551 z_.? _. - - , a ?. ti ?t -? _? ,...w ? . ? . E , ? , C _? ?^ , ? ? \.../ " '.. ,.?? ~ f _ ? »# ) • • Y',. ... +?..,.? "Su. FEB 2 3 20096 SHAWN A. PRITCHARD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-1938 JENNIFER R. PRITCHARD, CIVIL ACTION -LAW Defendant IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER IT IS ORDERED, ADJUDGED AND DECREED that the Court finds that: 1. This Court has jurisdiction over the parties hereto and over the subject matter of this action and has the authority to enter this Qualified Domestic Relations Order. 2. This Order is intended to be a qualified domestic relations order ("QDRO") as that term is defined in section 206(d) of the Employee Retirement Income Security Act of 1974 ("ERISA") and section 414(p) of the Internal Revenue Code of 1986 (the "Code"). This QDRO is granted in accordance with 23 Pa. C.S. 3101, et. M. ("Divorce Code") which relates to marital property rights. 3. The retirement plan subject to this Order is the Thrift and Investment Plan of Norfolk Southern Corporation and Participating Subsidiary Companies ("TIP"). 4. TIP is administered by the Board of Managers for TIP, whose address is Three Commercial Place, Norfolk, Virginia 23510-9228. 5. Shawn A. Pritchard ("Participant") is a participant in TIP. The Participant's address is as follows: 410 Tartans Drive West Dundee, IL 60118 The address of Participant may be changed from time to time by written notice given to the Board of Managers. The Participant has the duty to notify the Plan Administrator of any change in the above-listed address subsequent to the entry of this Order. 6. The Alternate Payee is Jennifer R. Pritchard ("Alternate Payee"), whose address, social security number and date of birth are as follows: 310 Maple Drive Marysville, PA 17053 SSN: 167 60 9832 DOB: May 13, 1973 The address of the Alternate Payee may be changed from time to time by written notice given to the Board of Managers. The Alternate Payee has the duty to notify the Plan Administrator of any change in the above-listed address subsequent to the entry of this Order. 7. A divorce order terminating the marriage between the Participant and the Alternate Payee was entered on December 30, 2008. 8. This order assigns a portion of the Participant's benefits from TIP and TIP will pay benefits to the Alternate Payee according to the following terms and conditions: (a) the assigned benefit shall be equal to 100% of the Participant's balance in the Participant's TIP account, excluding any portion of the Participant's account subject to a plan loan; (b) the assigned benefit will be valued as of the date TIP receives this order; (c) the assigned benefit described above shall be adjusted by earnings or losses allocable to the account from the date of valuation of the account to the date of segregation of the account; (d) the Alternate Payee's benefit will be assigned from the Participant's TIP account by excluding any portion of the Participant's account that is subject to a loan, and further assigned as follows: pro-rata from all accounts maintained by the Participant; (e) TIP shall segregate the assigned benefit, separately maintain the assigned benefit in account established in the Alternate Payee's behalf, and shall allocate earnings and losses from the date the assigned benefit is segregated to the date of distribution to the Alternate Payee; (f) The Alternate Payee's assigned benefit shall be proportionately divided among the investment funds in the same manner as the Participant's account is allocated as of the date the Alternate Payee's account is established; (g) The Alternate Payee may elect to receive the assigned benefit in a lump sum as soon as administratively feasible after qualification of this Order. 9. The parties to this Order intend that it shall comply with all applicable provisions of ERISA and the Code. Nothing in this Order shall require TIP or the Board of Managers of TIP: (a) to provide any type or form or benefit, or any option, not otherwise provided under TIP; (b) to pay any benefits not permitted under the Code or ERISA; (c) to pay total benefits with a value in excess of the benefits the Participant would otherwise be entitled to receive; J (d) to provide benefits to the Alternate Payee required to be paid to another alternate payee under another order previously determined to be a Qualified Domestic Relations Order. 10. The Alternate Payee shall, prior to the distribution of benefits awarded hereunder, complete and return all forms and documents required by the plan administrator for TIP, the trustee, or as may be required by law. The Alternate Payee shall timely make in writing all appropriate elections required by TIP or the Board of Managers. 11. On and after the date this Order is determined to be a Qualified Domestic Relations Order, but before the Alternate Payee receives a total distribution under TIP, the Alternate Payee shall be entitled to all the rights and election privileges afforded to alternate payees under the Plan including, but not limited to, the rules regarding the right to designate a beneficiary and the right to direct investments of the Alternate Payee's separate account under TIP. 12. This Court retains jurisdiction to amend the Order for purposes of establishing or maintaining its qualification as a Qualified Domestic Relations Order. Date: 7e 1-A' o°k, Attome pant: imo l, Esquire 4 Harrisburg, PA 17110 lag r";L, LL LL zz/d9 1V?' 1V1 [ 11?V111 Vv. Sean M. Shultz, squire 11 Roadway Drive, Suite B Carlisle, PA 17013 ,?.? =_ ??> r ? a ?-i.. ? y ?}^' „1 ?? t? {? _ `f11 -"J 1, l ? ? ?1_1 s"L. ?.k...?- LJC.- _ C""A