HomeMy WebLinkAbout06-5453
JAY C. SHOEN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION -LAW
: NO. aL
MARJA H. DEWEYER,
a/k/a MARJA H. DEWEIJER,
Defendant IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a decree of divorce or annulment may be entered against you by the
court. A judgment may also be entered against you for any other claim or relief requested in these
papers by the Plaintiff. You may lose money or property or other rights important to you, including
custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle,
Pennsylvania, 17013.
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. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
Lawyer Referral Service
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
JAY C. SHOEN,
V.
IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
MARJA H. DEWEYER,
a/k/a MARJA H. DEWEIJER,
Defendant
CIVIL ACTION -LAW
NO. o t, - Sy ;3 C.cta Te.--
IN DIVORCE
COMPLAINT IN DIVORCE
UNDER SECTION 3301 (C) OR 3301(D) OF THE DIVORCE CODE
AND NOW COMES the above named Plaintiff by his attorney, Gary L. Rothschild,
Esquire, and seeks to obtain a decree in Divorce from the above named Defendant, upon the
grounds hereinafter more fully set forth:
COUNT I - DIVORCE
1. Plaintiff is Jay C. Shoen, who currently resides at 623 Brisbain Lane, Enola, Cumberland
County, Pennsylvania 17025, having so resided since April 2004.
2. Defendant is Mara H. Deweyer, also known as Mara H. Deweijer, who currently
resides at 135 East 21St Street, Camp Hill, Cumberland County, Pennsylvania 17011, having so
resided since approximately August 3, 2006.
3. Plaintiff and Defendant are sui juris and have been bona fide residents in the
Commonwealth for at least six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married in February 13, 2004, in Manhattan County,
New York.
5. The Plaintiff has been advised that counseling is available and that Plaintiff may have
the right to request that the court require the parties to participate in counseling.
6. There has been no prior actions of divorce or for annulment between the parties.
7. The marriage is irretrievably broken.
8. The Defendant is not a member of the Armed Services of the United States or any of its
allies.
9. The Plaintiff requests the court to enter a decree of divorce.
WHEREFORE, the Plaintiff prays your Honorable Court to:
a) enter a Decree in Divorce from the bonds of matrimony, and
b) such other relief as the Court may deem equitable and just.
COUNT II
EQUITABLE DISTRIBUTION
10. Paragraphs one (1) through nine (9) are hereby incorporated by reference herein as if
fully set forth.
11. Plaintiff and Defendant possess various items of real and personal marital property
which are subject to equitable distribution by the Court.
12. Plaintiff requests equitable distribution of the parties' real and personal property.
WHEREFORE, Plaintiff prays that Your Honorable Court:
(a) Equitably divide and distribute all property owned by the parties; and
(b) Grant such further relief as the Court may deem equitable and just.
Respectfully submitted,
Date: ?IY14ot By: '
6w-A. Rothschild, Esquire
Supreme Court I.D. No. 62041
2215 Forest Hills Drive, Suite 35
Northwood Office Center
Harrisburg, PA 17112
(717) 540-3510
Attorney for Plaintiff
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.
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Date oen, Plaintiff
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JAY C. SHOEN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. CAL -.SVS3 Cn
am. t C'
MARJA H. DEWEYER,
a/k/a MARJA H. DEWEIJER,
Defendant IN CUSTODY
CUSTODY COMPLAINT
AND NOW COMES the above named Plaintiff by his attorney, Gary L. Rothschild,
Esquire, and seeks to obtain shared legal and physical custody of the minor children, KYLE
C. SHOEN and RYAN T. SHOEN, from the above named Defendant, and in support thereof
avers as follows:
1. Plaintiff is Jay C. Shoen, who currently resides at 623 Brisbain Lane, Enola,
Cumberland County, Pennsylvania 17025, having so resided since April 2004.
2. Defendant is Mar a H. Deweyer, also known as Mar a H. Deweijer, who currently
resides at 135 East 21St Street, Camp Hill, Cumberland County, Pennsylvania 17011, having
so resided since approximately August 3, 2006.
3. Plaintiff seeks shared legal and physical custody of the following children:
Name Present Address Age
KYLE C. SHOEN 135 East 21St Street, Camp Hill, PA 2 years
RYAN T. SHOEN 135 East 21St Street, Camp Hill, PA 6 months
4. The children were not born out of wedlock.
5. The children are presently in the custody of Marja H. Deweyer, also known as
Marja H. Deweijer, who currently resides at 135 East 21St Street, Camp Hill, Cumberland
County, Pennsylvania 17011.
6. During the past two and one-half years, the children have resided with the
following persons and at the following addresses:
List of Persons Addresses Dates
Jay C. Shoen (father) 623 Brisbain Lane, Enola, PA 17025 Date of birth
Mar a H. Deweyer (mother) to August 3, 2006
Mar a H. Deweyer 135 East 21St Street, Camp Hill, PA 17011 August 3, 2006
to present
7. The mother of the children is Mara H. Deweyer, who currently resides at 135 East
21s' Street, Camp Hill, Cumberland County, Pennsylvania 17011. She is married to the
Plaintiff (father).
8. The father of the children is Jay C. Shoen, who currently resides at 623 Brisbain
Lane, Enola, Cumberland County, Pennsylvania 17025. He is married to the Defendant
(mother).
9. The relationship of Plaintiff to the children is that of father. The Plaintiff currently
resides alone at the marital residence.
10. The relationship of the Defendant to the children is that of mother. The Defendant
resides with the minor children.
11. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the children in this or another court.
12. Plaintiff has no information of a custody proceeding concerning the children
pending in a court of this Commonwealth or any other state.
13. Plaintiff does not know of a person, not a party to the proceedings, who has
physical custody of the children or claims to have custody or visitation rights with respect to
the children.
14. The best interest and permanent welfare of the children will be served by granting
the relief requested because, prior to Defendant leaving the marital residence, both parents
. I 1%
were intimately involved in the lives of their children, including caring for the children and
raising the children.
15. Each parent whose parental rights to the children have not been terminated and
the person who has physical custody of the children have been named as parties to this
action.
WHEREFORE, Plaintiff respectfully requests the court to grant shared legal and
shared physical custody of the minor children to Plaintiff.
Respectfully submitted,
Date: ?/ 0?
r---'?
By: / ZZ
ary . Rothschild, Esquire
Supreme Court I.D. No. 62041
2215 Forest Hills Drive, Suite 35
Northwood Office Center
Harrisburg, PA 17112
(717) 540-3510
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in this Custody 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.
//, ?0? ---
D to en, Plaintiff
Ck
JAY C. SHOEN, IN THE COURT OF COMMON PLEAS
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. CI
NO. 0(. - CqV VIL ACTION -LAW
G
MARJA H. DEWEYER,
a/k/a MARJA H. DEWEIJER,
Respondent PETITION FOR SPECIAL RELIEF
PETITION FOR SPECIAL RELIEF
AND NOW COMES the above named Petitioner by his attorney, Gary L. Rothschild,
Esquire, and seeks to obtain an Order requiring the safekeeping of the passports of the parties'
minor children, and in support thereof avers as follows:
1. Petitioner is Jay C. Shoen, who currently resides at 623 Brisbain Lane, Enola,
Cumberland County, Pennsylvania 17025, having so resided since April 2004.
2. Respondent is Marja H. Deweyer, also known as Marja H. Deweijer, who currently
resides at 135 East 21St Street, Camp Hill, Cumberland County, Pennsylvania 17011,
having so resided since approximately August 3, 2006.
3. The Petitioner and Respondent were married in February 13, 2004, in Manhattan
County, New York.
4. The parties are the parents of two (2) minor children, KYLE C. SHOEN, date of birth
April 19, 2004, and RYAN T. SHOEN, date of birth March 29, 2006.
5. Petitioner currently resides in the marital residence.
6. Respondent abandoned the marital residence on or about August 3, 2006 and currently
resides at 135 East 21St Street, Camp Hill, Cumberland County, Pennsylvania.
7. The minor children have primarily been in the custody of Respondent since August 3,
2006.
8. The Respondent is a citizen of the Netherlands and all of Respondent's blood relatives
reside outside of the United States, including her father (resides in France) and her
brother (resides in the Netherlands).
9. The Respondent at various times has indicated to the Petitioner and other individuals
that she does not desire to remain in the United States and would prefer to live in the
Netherlands.
10. The Respondent has in her possession, or controls, the passports for the parties' two
minor children.
11. Petitioner, simultaneously with this Petition, has filed a Custody Complaint and a
Divorce Complaint.
12. No Custody Order is currently in place.
13. Petitioner is of the belief that Respondent may intend to leave the United States and
take the minor children with her.
14. Petitioner respectfully requests the Court to issue an Order for Respondent to place the
passports of the parties' minor children with Petitioner or Petitioner's counsel to be
held in safekeeping.
WHEREFORE, the Petitioner prays your Honorable Court to:
a) enter an Order for Respondent to place the passports of the parties' minor
children with Petitioner or Petitioner's counsel to be held in safekeeping, and
b) such other relief as the Court may deem equitable and just.
Respectfully submitted,
Date: By: s
Gary t. Rothschild, Esquire
Supreme Court I.D. No. 62041
2215 Forest Hills Drive, Suite 35
Northwood Office Center
Harrisburg, PA 17112
(717) 540-3510
Attorney for Petitioner
VERIFICATION
I verify that the statements made in this Petition For Special Relief 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.
l
Date hoen, Petitioner
_1) - '
JAY C. SHOEN,
Petitioner
V.
MARJA H. DEWEYER,
a/k/a MARJA H. DEWEIJER,
Respondent
SEP 2006
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW NO.OL - S115'3 e t v 1. '?1
: PETITION FOR SPECIAL RELIEF
RULE TO SHOW CAUSE
AND NOW, this z ¢ day of l,otz ? , 2006, a Rule is hereby
issued upon Respondent, MARJA H. DEWEYER, a/k/a MARJA H. DEWEIJER to show cause as
to why the relief requested in the Petition for Special Relief filed herein should not be granted.
This Rule is returnable within )-I?_ days of service upon Respondent or her
counsel of record.
BY THE COURT,
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JAY C. SHOEN IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
06-5453 CIVIL ACTION LAW
MARJA H. DEWEYER A/K/A MARJA H.
DEWEIJER IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Monday, September 25, 2006 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, October 24, 2006 at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Dawn S. Sunda Es q.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Respondent
JAY C. SHOEN, : IN THE COURT OF COMMON PLEAS
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V.
MARJA H. DEWEYER,
a/k/a MARJA H. DEWEIJER
Respondent
NO. 06-5453 CIVIL TERM
CIVIL ACTION - LAW
PETITION FOR SPECIAL RELIEF
ANSWER TO PETITION FOR SPECIAL RELIEF
AND NOW, comes Respondent, Marja H. Deweyer a/k/a Marja H. Deweijer, by and
through her attorney, Maria P. Cognetti, Esquire, and files the following Answer to Petition for
Special Relief, and in support thereof avers as follows:
Admitted.
2. Admitted with clarification. It is admitted that Respondent is Marja H. Deweyer
a/k/a Marja H. Deweijer; however, her address is 135 North 21S` Street, Camp Hill, Cumberland
County, Pennsylvania 17011.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted with clarification. It is admitted that Respondent relocated from the
marital residence on or about August 3, 2006; however, as stated above, her address is 135 North
21s` Street, Camp Hill, Cumberland County, Pennsylvania 17011.
A-
7. Admitted.
8. Admitted with clarification. It is admitted that Respondent's family lives outside of
the United States; however, her father resides in the Netherlands and does not reside in France.
9. Admitted and denied. It is admitted that Respondent had previously indicated that
she prefers the Netherlands to the United States; however, it is denied that she intends to relocate
there with the children.
10. Admitted.
11. Admitted.
12. Admitted.
13. Denied. It is denied that Respondent has any intention to leave the United States
and take the minor children.
14. No response is required pursuant to the Pennsylvania Rules of Civil Procedure.
WHEREFORE, Respondent respectfully requests that this Honorable Court deny
Petitioner's requested relief.
Respectfully Submitted:
MARIA P. CO ETTI & ASSOCIATES
Date: By: IAza r,_,0a
MARIA . CO TI, ESQUIRE
Attorney I.D. No. 914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Respondent
VERIFICATION
I, Mar a H. Deweyer a/k/a Marja H. Deweijer, hereby verify and state that the facts set
forth in the foregoing document are true and correct to the best of my information, knowledge and
belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A.
§4904 relating to unsworn verification to authorities.
Date: 06
1
Marja H. Deweyer
-kf--
ja H. Deweijer
CERTIFICATE OF SERVICE
I, Maria P. Cognetti, Esquire, Attorney for the Respondent herein, do hereby certify
that on this date I served the foregoing Answer to Petition for Special Relief by depositing a true
and exact copy thereof in the United States mail, first class, postage prepaid, addressed as
follows:
Gary L. Rothschild, Esquire
2215 Forest Hills Drive, Suite 35
Northwood Office Center
Harrisburg, PA 17112
Date: l fJ ?/ By:
MARIA P. COGNETTI & ASSOCIATES
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MARIA 0. COOJTTI, ESQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Respondent
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JAY C. SHOEN, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 06-5453 CIVIL TERM
CIVIL ACTION - LAW
MARJA H. DEWEYER,
a/k/a MARJA H. DEWEIJER,
Defendant : IN DIVORCE/CUSTODY
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA)
) SS:
COUNTY OF DAUPHIN )
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AND NOW, this /6 1-- day of October, 2006, personally appeared before me,
a Notary Public in and for the aforesaid Commonwealth and County, Gary L. Rothschild,
Esquire, who being duly sworn according to law, deposes and says that on September 25,
2006, he mailed a certified copy of a Divorce Complaint to Marja H. Deweyer, by certified
mail no. 7004 2510 0007 6519 7060, restricted delivery, return receipt requested, and the
same was received by her on September 26, 2006, as indicated by the return receipt card
which is attached hereto.
Gary othschild
Sworn to and subscri ed
before me this 16 day
of 0 c ro&e7L '2006.
Notary Public
(SEAL)
COMMONMMEAI TH Oi PE?+M?fYt,
NOTARIAL SEAL
90283.1 MINDY S. GOODMAN, Notary Rft
City of Harrisburg, Dauphin County
My Commission ExpimM 21, 2Q09
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Item 4 if Restricted Delivery Is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
Attlele Addre$eeR ESTR ICTED
DELIVERY
Ms. Marja H. Deweyer
135 East 21st Street
Camp Hill, PA 17011
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JAY C. SHOEN, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
MARJA H. DEWEYER,
a/k/a MARJA H. DEWEIJER,
Defendant
PROTHONOTARY:
NO. 06-5453 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE/CUSTODY
PRAECIPE
Please withdraw the appearance of Gary L. Rothschild, Esquire, as counsel for the
Plaintiff in the above matter.
"44 -;?
Dated: f f 1 O Gary L. othschild (No. 62041)
2215 Forest Hills Drive, Suite 35
Harrisburg, PA 17112
(717) 540-3510
Please enter the appearance of Sandra L. Meilton, Esquire, as counsel for the Plaintiff in
the above matter.
Dated: d op Sandra L. Meilton, Esquir (No. 32551)
111 N. Front Street, P.O. Box 889
Harrisburg, PA 17108
(717) 234-4121
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DEC 0 8 200 6.
JAY C. SHOEN IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. 06-5453 CIVIL ACTION LAW
MARIA H. DEWEYER A/K/A MARIA H.
DEWIJER
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this 210- day of 2006, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The parties shall submit themselves, their minor Children, and any other individuals deemed
necessary by the evaluator, to a custody evaluation to be preformed by Arnold Shienvold, Ph.D., or
other professional selected by agreement between the parties. The purpose of the evaluation shall be to
obtain independent professional recommendations concerning on-going custody arrangements which
will best serve the needs of the Children. The parties shall sign any authorizations deemed necessary
by the evaluator in order to obtain additional information pertaining to either the parties or the
Children. All costs of the evaluation shall be shared equally between the parties.
2. The parties shall participate in a course of co-parenting counseling with Kasey Shienvold,
Psy.D. The purpose of the counseling shall be to assist the parties in establishing sufficient
communication and cooperation to enable them to effectively co-parent their Children. The costs of
the co-parenting counseling shall be shared equally between the parties. The parties shall contact the
counselor's office as soon as possible following the custody conciliation conference to schedule the
initial sessions.
3. Pending completion of the custody evaluation and receipt of the evaluator's
recommendations, the parties shall share having legal custody of the Children, the Mother shall have
primary physical custody of the Children and the Father shall have partial physical custody of the
Children in accordance with the following schedule: Beginning immediately, the Father shall have
custody of the Children every Tuesday and Thursday evening from 4:30 p.m. until 7:00 p.m. In
addition, for the first two alternating weekends, from December 16 through December 17 and from
December 30 through December 31, 2006, the Father shall have custody of the Children from Saturday
at 9:00 a.m. through Sunday at 7:00 p.m. Beginning on January 12, 2007, and continuing on
alternating weekends (pending receipt of the custody evaluator's recommendations and further Order
of Court or agreement of the parties) the Father shall have custody of the Children from Friday at
4:30 p.m. through Sunday at 7:00 p.m.
4. Over the Christmas holiday in 2006, the Father shall have custody of the Children on
December 24 from 10:00 a.m. until 4:00 p.m., the Mother shall have custody from December 24 at
4:00 p.m. through Christmas day at 11:00 a.m., and the Father shall have custody from Christmas day
at 11:00 a.m. through December 26 at 11:00 a.m.
5. The Mother's counsel shall maintain possession of the Children's passports which shall be
released to either party only upon the written agreement of both parties, which agreement shall not be
unreasonably withheld.
6. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for
either party may contact the conciliator to schedule an additional custody conciliation conference, if
necessary.
7. The parties may modify the provisions of this order by mutual consent. In the absence of
mutual consent, the terms of this order shall control.
BY THE COURT,
Kevin k Hess J.
cc:,,, andra L. Meilton, Esquire - Counsel for Father
Aria P. Cognetti, Esquire - Counsel for Mother
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JAY C. SHOEN
VS.
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
06-5453 CIVIL ACTION LAW
MARJA H. DEWEYER A/K/A MARJA H.
DEWEIJER
Defendant IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
The pertinent information concerning the Children who are the subjects of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Kyle C. Shoen April 19, 2004 Mother
Ryan T. Shoen March 29, 2006 Mother
2. A custody conciliation conference was held on December 4, 2006, with the following
individuals in attendance: The Father, Jay C. Shoen, with his counsel Sandra Meilton, Esquire and the
Mother, Mar a H. Deweyer, with her counsel, Maria P. Cognetti, Esquire.
3. The parties agreed to entry of an order in the form as attached, with the exception of the
temporary overnight partial custody schedule for the Father, pending completion of the custody
evaluation, which is the recommendation of the conciliator. The Father filed this petition seeking a
shared physical custody arrangement and pending the evaluation believes that a shared schedule should
be established or, at the very least, a full alternating weekend schedule with consecutive overnights.
The Father indicates that he has experience caring for the Children and there are no circumstances
justifying a limitation on overnights. On the other hand, the Mother believes that it is not in the
Children's best interest to have any overnight periods of custody with the Father based on the young
age of one of the Children and her concerns about the Father's parenting abilities (to which the Father
objects). At the very least, the Mother believes that there should be no more than one overnight on
alternating weekends pending the custody evaluation. As the parties were unable to reach an
agreement as to an interim custody schedule pending completion of the evaluation, the conciliator
submits the attached proposed order which provides for alternating weekend periods of custody with
the Father, to begin with one overnight for the first two times and expanding to two overnights on the
alternating weekends thereafter until the custody evaluation is complete. It is expected that one or both
counsel may contact the Court to object to the conciliator's recommendation and to further address the
issue of the interim overnight partial custody with the Father prior to implementation of the expanded
weekend to two overnights which is recommended to occur on January 12. The interim schedule
recommended by the conciliator is based upon the impression, without the benefit of a hearing, that
both parties are able to provide adequate care for the Children overnight, the fact that the eight month
old child has been on formula since July 2006, and the benefit of obtaining experience with a minimal
overnight custody schedule for the Father for assessment during the evaluation process.
4. The conciliator recommends an order in the form as attached also reflecting the parties'
agreements as to co-parenting counseling, a custody evaluation, holiday custody arrangements and the
passport issue, which was previously the subject of a Petition for Emergency Relief.
Date Dawn S. Sunday, Esquire
Custody Conciliator
JUL 852007/
JAY C. SHOEN IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 06-5453 CIVIL ACTION LAW
MARIA H. DEWEYER A/K/A MARIA H.
DEWEIJER
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this ?7Y day of gQ.44 , 2007, upon
consideration of the attached Custody Conciliation R rt, it ordered and directed as follows:
A Hearing is scheduled in Courtroom number 4 of the Cumberland County Courthouse on the
/d day of 0622 ,A:? , 2007, at % ,?0 o'clock ,c m., at which time
testimony will be taken. For purposes of the hearing the Father, Jay C. Shoen, shall be deemed to be
the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the
Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of
witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of
each witness. These Memoranda shall be filed at least 10 days prior to the Hearing date.
BY THE COURT,
W4
A. Hess J.
cc: is P. Cognetti, Esquire - Counsel for Mother
,.S&dra L. Meilton, Esquire - Counsel for Fatkr
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JAY C. SHOEN IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 06-5453 CIVIL ACTION LAW
MARJA H. DEWEYER A/K/A MARIA H.
DEWEIJER
Defendant IN CUSTODY
Prior Judge: Kevin A. Hess
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subjects of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Kyle C. Shoen April 19, 2004 Mother
Ryan T. Shoen March 29, 2006 Mother
2. A custody conciliation conference was held on July 20, 2007, with the following individuals
in attendance: the Father, Jay C. Shoen, with his counsel, Sandra L. Meilton, Esquire, and the Mother,
Marja H. Deweyer, with her counsel, Maria P. Cognetti, Esquire.
3. This Court previously entered an Order in this matter on December 20, 2006, under which
the parties were to obtain a custody evaluation by Arnold Shienvold, Ph.D. and participate in a course
of co-parenting counseling. Pending the evaluation, the Mother had primary physical custody of the
Children and the Father had partial custody. Pursuant to the prior Order, following completion of the
custody evaluation, a follow-up conciliation conference was scheduled. The parties were unable to
reach an agreement at the conference and it will be necessary to schedule a hearing.
4. The Father's position on custody is as follows: the Father believes that an equally shared
custody schedule would best serve the Children's needs and interests. The Father believes the
Children have a strong attachment to both parties and should spend as much time as possible with each
parent. On the issues to be addressed at the hearing, the Father objects to the Mother removing the
Children from the United States to visit relatives until such time as there has been a resolution of the
custody issues and an Order reflecting the resolution. In addition, the Father favors the Children
remaining in their existing daycare at this time, although the Father expressed a willingness to explore
other options.
5. The Mother's position on custody is as follows: the Mother believes that the Children are
too young to thrive on an equally shared custody arrangement and believes it would be in their best
interests to remain in her primary custody. The Mother proposes a change in at least the older Child's
daycare as she does not feel that the current provider offers the most beneficial environment for the
Child at this time. The Mother also is willing to explore daycare options for the Child. The Mother
would like to take the Children with her to Holland to visit relatives and does not believe a travel
restriction is warranted.
6. The conciliator recommends an Order in the form as attached scheduling a hearing in this
matter. It is anticipated that the hearing will require at least one-half day.
J:IA c)o J-0
Date Dawn S. Sunday, Esquire
Custody Conciliator
JAY C. SHOEN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. 06-5453 CIVIL
MARJA H. DEWEYER,
a/k/a MARJA H. DEWEIJER,
Defendant IN DIVORCE
ORDER
AND NOW, this to- day of October, 2007, hearing in the above-captioned matter
set for October 10, 2007, is continued to Friday, January 4, 2008, at 9:30 a.m. in Courtroom
Number 4, Cumberland County Courthouse, Carlisle, PA.
BY THE COURT,
,aria Cognetti, Esquire
For the Plaintiff
/andra Meilton, Esquire
For the Defendant
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AdViG' lNCj3 ; ,L' 0?+dd 3'+Hi JQ
JAY C. SHOEN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs.
MARJA H. DEWEYER,
a/k/a MARJA H. DEWEIJER,
Defendant
CIVIL ACTION - LAW
NO. 06-5453 CIVIL
IN DIVORCE
ORDER
AND NOW, this 2_1-- day of January, 2008, hearing in the above-captioned matter
set for January 4, 2008, is continued to Wednesday, April 2, 2008, at 9:30 a.m. in Courtroom
Number 4, Cumberland County Courthouse, Carlisle, PA.
BY THE COURT,
aria Cognetti, Esquire
For the Plaintiff
Xandra Meilton, Esquire
For the Defendant
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Memorandum of Understanding
Jay C. Shoen and Marja H. Deweyer
Jay and Mara have reached the following agreements regarding the custody of
their children, Kyle C. Shoen and Ryan T. Shoen.
Legal Custody: The parents agree that they shall equally share legal custody of Kyle and
Ryan.
Physical Custody:
The parents have agreed to equally share the physical custody of their children.
The agreed upon schedule is one in which over a two week period of time the children
are with each parent for seven days. The ultimate schedule will have the children during
week one with one parent on Monday and Tuesday overnight and the weekend from
Friday until Monday, and with the other parent on Wednesday and Thursday overnight
during that week. During week two, the children will be with the second parent on
Monday and Tuesday overnight and from Friday until Monday. During the second week,
the other parent will have the children on Wednesday and Thursday overnight. The
schedule will then repeat every two weeks.
Currently, the children are primarily with their mother. They spend alternating
weekends with their father from Friday until Sunday and every Tuesday and Thursday
evening. In order to create the new schedule without making an abrupt change that might
create instability for the boys, the parents have agreed to proceed as follows:
1. Beginning with the weekend of January 11, 2007, and on all subsequent
alternating weekends, the children will be with their father from Friday when
he picks them up from daycare until Monday morning when he returns them
to daycare.
2. Beginning on the week of February 10, 2007, the children shall remain in their
father's custody overnight on February 14, February 19, February 28 and
March 4. Additionally, Jay shall have custody on the alternating Tuesday and
Thursday evenings as outlined by the current schedule.
3. Beginning on the week of March 9, the two week schedule of shared custody
shall begin. Marja shall have the children on Monday, March 10 and
Tuesday, March 11, Jay shall have them on Wednesday, March 12 and
Thursday, March 13 and Marja shall have the children on the weekend from
Friday, March 14 to Monday, March 17. During the following week, Jay will
have the children on Monday and Tuesday overnight and on the weekend
from Friday until Monday. The parents shall share custody on the two week
alternating schedule from that point forward.
4. All transfers of custody shall take place at the children's school or daycare. If
the daycare or school is not in session, the parent who has custody shall bring
the children to the other parent's residence at 8:00 a.m. of the morning of the
transfer.
Holiday Schedule:
1. Dutch Holidays: Marja shall have custody of the children from 8:00 a.m. of
the day of the celebration until 8:00 a.m. the next morning for St. Nicholas
Day and Queens Day
2. Christmas:
A. In even years, mother shall have custody of the children from 4:00
p.m. on Christmas Eve until 2:00 p.m. on Christmas Day (segment
one). Father shall have custody from 2:00 p.m. on Christmas Day until
4:00 p.m. on December 260i (segment two), at which time the regular
custody schedule shall resume. In odd years, the custody during the
two segments of Christmas shall reverse such that father shall have
segment one and mother shall have segment two.
B. Additionally, the parents agree that within the next three years, mother
may elect to take the children to Europe for one of her two (2), two-
week vacations during a period of time that includes the entire
Christmas holiday. If mother elects to exercise this option, then father
shall have the option to take the children on a vacation, not to exceed
two weeks, during the Christmas holiday within three years of
mother's trip. However, it is understood by father that utilizing
vacation time in the greater Harrisburg area during the Christmas
season would not constitute a reason to change the basic Christmas
schedule. On the other hand, plans such as taking a vacation with the
boys to Disney World or a cruise to the Caribbean would be consistent
with the intent of this agreement.
3. Thanksgiving: Beginning in 2008, and all subsequent even years, the children
will be with father from 9:00 a.m. Thursday until 9:00 a.m. on Friday. The
children shall be with their mother in all odd numbered years.
4. Easter: Beginning in 2008 and all subsequent even numbered years the
children shall be with their mother from 7:00 p.m. the Saturday before Easter,
until the Monday following Easter at 8:00 a.m. In all odd years beginning in
2009 the children shall be with their father from 7:00 p.m. the Saturday before
Easter until the Monday following Easter at 8:00 a.m.
5. Memorial Day and Labor Day: There is no change to the regular weekend
schedule for these holidays, except that the children shall remain with the
parent with whomever they spent the weekend through Monday night at 7:00
p.m.
6. Father's Day and Mother's Day: The children shall be with either their father
or mother on the respective Sunday holiday from 9:00 a.m. until 7:00 p.m.
7. Children's Birthday: The non-custodial parent shall be allowed up to a two-
hour visit with the child. The specific time of the visit shall be determined by
mutual agreement.
Transportation:
Although most transfers of custody will occur from the daycare or school, when
exchanges need to occur outside of the times of school or daycare, the parent receiving
custody shall be responsible for picking-up the child at the designated time from the other
parent's home, or another mutually agreeable location.
Vacation Schedule:
Each parent will be allowed vacation time with the children in an amount equal to
that amount of vacation which is defined in their employment contracts. Currently,
Marja is allowed six weeks of vacation per year and Jay has five weeks of vacation time.
Notice of the intention to utilize vacation time with the children must be provided to the
other parent at least three weeks in advance. Any conflicts regarding vacation time shall
be resolved through mutual agreement or mediation, as defined below. The parents agree
that vacation is not to be taken over major holidays without mutual agreement.
Marja shall be allowed to take the children to Europe two times per year for no
greater than a two week period of time. In general, vacation time with either parent can
be taken in no greater than two-week blocks of time.
School and Daycare:
The parents have agreed to immediately change the location of the children's
daycare to Kindercare in Camp Hill.
The parents agree that beginning with the 2008-2009 school year, Kyle shall be
enrolled at the Harrisburg Academy, in their pre-K program, for one academic year. It is
the expressed intent and decision of the parents that the children attend the Camp Hill
School District when they each begin kindergarten. The only reason that they would
consider enrolling either child at school outside of the Camp Hill District would be if
there was an exceptional need of the child that could not be met within the public school.
In such an instance, the parents would have to mutually agree upon an appropriate private
school placement.
Religion:
The parents agree to continue to raise their children in the Catholic faith and to
cooperate in insuring that all requirements associated with that practice, i.e. first
communion and confirmation, are met.
Telephone Contact:
The parents shall allow liberal, reasonable telephone contact with the non-
custodial parent during their periods of custody.
Passports:
Each of the children has a passport. Currently, the passports are in the possession
of Marja. As a general principal, each parent agrees that they shall insure that the
passports are in the possession of the parent traveling with the children well in advance of
any trip with the children. It is further agreed that the parent who has most recently
traveled with the children shall maintain possession of the passports until such time as the
other parent requests them for the purpose of traveling with the children. Upon such
request, assuming that the request is made within the parameters for travel outlined in this
agreement, the passports shall be given to the traveling parent.
Conflict Resolution:
In the event that disagreements arise with respect to the interpretation or
implementation of this custody stipulation, the parents agree to engage in a minimum of
one mediation session prior to initiating legal action to resolve their disagreement. The
cost of the mediation will be shared equally, regardless of which party requests the
session. If the session does not result in a resolution of the problem, each parent is free to
pursue legal remedies.
fitness
-fitness
Jay-Ckoen
Marja H. Dewey r
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JAY C. SHOEN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYVLANIA
V.
CIVIL ACTION - LAW
MARJA H. DEWEYER, a/k/a NO. 06-5453 CIVIL
MARIA H. DEWEIJER,
Defendant IN DIVORCE
ORDER
AND NOW, this day of , 2008, upon consideration of
the attached Memorandum of Understanding executed by th parties and witnessed by their
respective counsel, it is hereby ORDERED that the Memorandum of Understanding is
incorporated herein as an Order of Court.
Distribution:
,-"Sandra L. Meilton, Esquire, 1029 Scenery Drive, Harrisburg, PA 17109 (for Plaintiff)
Maria P. Cognetti, Esquire, Suite 102, 210 Grandview Avenue, Camp Hill, PA 17011 (for
Defendant)
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Sandra L. Meilton, Esquire
Daley Zucker Meilton Miner & Gingrich, LLC
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
smeilton@dzmmglaw.com
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JAY C. SHOEN :
CIVIL ACTION - LAW
Plaintiff
V.
Marja H. Deweyer
Defendant
No. 06-5453
In Divorce
INVENTORY AND APPRAISEMENT
OF
JAY C. SHOEN
I, Jay C. Shoen, file the following inventory and appraisement 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.
I verify that the statements made in this inventory and appraisement 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.
Jay Q. en, Plaintiff
ASSETS OF PARTIES
Jay C. Shoen, Plaintiff, marks on the list below those items applicable to the case at bar
and itemizes the assets on the following pages. If an item has been appraised, a copy
of the appraisal report is attached.
() 1. Real property
(X) 2. Motor vehicles
() 3. Stocks, bonds, securities and options
() 4. Certificates of deposit
() 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 (indicate 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. Businesses (list all owners, including percentage of ownership,
and officer/director positions held by a party with company)
() 16. Employment termination benefits - severance pay, workman's
compensation claim/award
O 17. Profit sharing plans
() 18. Pension plans (indicate employee contribution and date plan vests)
(X) 19. Retirement plans, Individual Retirement Accounts
() 20. Disability payments
() 21. Litigation claims (matured and unmatured)
() 22. MilitaryN.A. benefits
() 23. Education benefits
() 24. Debts due, including loans, mortgages held
(X) 25. Household furnishings and personalty (include as a total category
and attach itemized list if distribution of such assets is in
dispute)
() 26. Other
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LIABILITIES OF PARTIES
Jay C. Shoen, Plaintiff, marks on the list below those items applicable to the case at bar
and itemizes the liabilities on the following pages.
Secured
() 1. Mortgages
() 2. Judgments
() 3. Liens
() 4. Other secured liabilities
Unsecured
(X) 5. Credit card balances
() 6. Purchases
() 7. Loan payments
() 8. Notes payable
(X) 9. Other unsecured liabilities
Continqent or Deferred
10.
11.
12.
13.
14.
15.
Contracts or Agreements
Promissory notes
Lawsuits
Options
Taxes
Other contingent or deferred liabilities
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CERTIFICATE OF SERVICE
AND NOW this day of LL 2008, I
Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the
firm, Daley Zucker Meilton Miner & Gingrich, LLC, hereby certify
that I have, this day, served the within document on counsel for
Defendant, by depositing a copy of the same in the United States
Mail, first class, postage prepaid, at Harrisburg, Pennsylvania,
addressed to:
Maria P. Cognetti, Esquire
COGNETTI & ASSOCIATES
Suite 102
210 Grandview Avenue
Camp Hill, PA 17011
Gloria M. Rine
-
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JAY C. SHOEN
Plaintiff
V.
Marja H. Deweyer
Defendant
CIVIL ACTION - LAW
No. 06-5453
In Divorce
INCOME AND EXPENSE STATEMENT
Attached hereto is the Income and Expense Statement of
Plaintiff submitted pursuant to Pa. R.C.P. No. 1920.31.
andra L. Meilto
Attorney for Plaintiff
(If you are self-employed or if you are salaried by a business of which you are
owner in whole or in part, you must also fill out the Supplemental Income
Statement which appears on pages S and 9 of this Income and Expense Statement.)
INCOME AND EXPENSE STATEMENT OF
JAY C. SHOEN
INCOME
Employer: HealthSouth
Address: 4950 Wilson Lane, Mechanicsburg, PA 17055
Type of Work: Health Care Finance
Payroll Number: 323806
Pay Period (weekly, biweekly, etc.): Biweekly
Gross Pay per Pay Period:
Itemized Payroll Deductions:
Federal Withholding
Social Security(OASDI)
Local Wage Tax
State Income Tax
Retirement
Savings Bonds
Credit Union
Life Insurance
Health Insurance
other (specify)
Fed MED/EE = 46.96
Pa Unemployment=2.96
PAI = 3.74
Net Pay per Pay Month:
Other Income:
Interest/Dividends
Pension/Annuity
Social Security
Rents/Royalties
Expense Account
Gifts
Unemployment Comp.
Workmen's Comp.
Child Support
Total
$ 1,205.03
Week Month Year
(Fill in Appropriate Column)
$3,284.40
$ 622.43
200.78
32.37
99.37
131.38
21.55
47.74
Short Term Dis.= 15.75
Child Support = 846.46
PPD Legal = 7.88
TOTAL INCOME $ per month
EXPENSES
Weekly Monthly Yearly
(Fill in Appropriate Column)
Home
Mortgage/rent $ $1,030.00 $
Maintenance
Utilities
Electric 65.00
Gas 50.00
Oil
Telephone (including cell) 95.00
Water & Sewer 25.00
Employment
Public $ $
Lunch (school) 15.00 60.00
Taxes
Real Estate $
Personal
Income
Insurance
Homeowners 20.00
Automobile 100.00
Life
Accident
Health
Other (AAA)Short term Dis.
Automobile
Payments
Fuel
Repairs
Medical
Doctor (Co-pays)
Dentist
Orthodontist
Hospital
Medicine
Special needs (glasses)
Education
Private school
Parochial school
College
Religious
Driver's Ed
Weekly Monthly Yearly
(Fill in Appropriate Column)
$ 305.00 $
35.00 140.00
$ $ 3.85 $ 200.00
Weekly Monthly Yearly
(Fill in Appropriate Column)
Personal
Clothing
Food
Barber/hairdresser
Credit payments
Credit card
Charge account
Memberships
Loans
Credit Union
Miscellaneous
Household help
Child care
Papers/books/magazines
Entertainment
Pay TV (Cable)
Vacation
Gifts
$ $ 48.08 $ 2,500.00
75.00 300.00 _
C
25.00
400.00
800.00
20.00
50.00
19.23
1,000.00
Weekly Monthly Yearly
(Fill in Appropriate Column)
Legal fees $ $ $
Charitable contributions
Other child support 1,700.00
Alimony payments
other
TOTAL EXPENSES
$ 125.00
PROPERTY OWNED
Description
See Inventory and
Checking accounts Appraisement
See Inventory and
Savings accounts Appraisement
See Inventory and
Credit Union Appraisement
See Inventory and
Stocks/bonds Appraisement
See Inventory and
Real estate Appraisement
See Inventory and
Other Appraisement
TOTAL
*H=Husband; W=Wife; J=Joint
$ 5,256.16 3,700.00
ownership*
Value H W J
$ See I & A
Weekly Monthly Yearly
(Fill in Appropriate Column)
Legal fees $ $ 9
Charitable contributions
Other child support
Alimony payments
Other
TOTAL EXPENSES
$ 125.00
PROPERTY OWNED
Description
See Inventory and
Checking accounts Appraisement
See Inventory and
Savings accounts Appraisement
See Inventory and
Credit Union Appraisement
See Inventory and
Stocks/bonds Appraisement
See Inventory and
Real estate Appraisement
See Inventory and
Other Appraisement
1,700.00
$ 6,830.51 3,700.00
Ownership*
Value H W J
TOTAL
*H=Husband; W=Wife; J=Joint
INSURANCE
Hospital
Blue Cross
Other
Medical
Blue Shield
Other
Health/Accident
Disability Income
Dental
Other
Company
BC of Alabama
(drugs) Walgreen
Prudential
Prudential
Delta Dental
Superior Vision Plan
H=Husband; W=Wife; C=Child
Group
No.
46002
514901
Coverage
H W C
X
X
X
X
X
X
I understand that the statements made herein are subject to
the penalties of 18 Pa.C.S. §4904 related to unsworn falsification
to authorities.
Jay en
I verify that I have reviewed this form with my client and to
the best of my knowledge the answers herein are true and correct.
andra L. Meilt n
Attorney for Plaintiff
CERTIFICATE OF SERVICE
L
AND NOW this day of 2008, I,
Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the
firm, Daley Zucker Meilton Miner & Gingrich, LLC, hereby certify
that I have, this day, served the within document on counsel for
Defendant, by depositing a copy of the same in the United States
Mail, first class, postage prepaid, at Harrisburg, Pennsylvania,
addressed to:
Maria P. Cognetti, Esquire
COGNETTI & ASSOCIATES
Suite 102
210 Grandview Avenue
Camp Hill, PA 17011
C?o Gloria M. Rine
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JAY C. SHOEN
Plaintiff
Vs.
MARJA H. DEWEYER, a/k/a
MARJA H. DEWEIJER,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Docket No. 06-5453 CIVIL TERM
Defendant
MOTION FOR APPOINTMENT OF MASTER
Plaintiff (Plaintiff) (Rzfiz*a#, moves the court to appoint a master with
respect to the following claims
(c) Divorce (x) Distribution of Property
() Annulment () Support
O Alimony O Counsel Fees
{ } Alimony Pendente Lite () Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claims (s) for which the appointment of a master is
requested.
(2) The defendant (has) fit) appeared in the action #=wmdtA (by his attorney,
Darren J. Ho 1st , Esquire).
(3) The Staturory ground (s) for divorce (is) (are)
Section 3301(c)
(4) Delete the inapplicable paragraph(s):
a. ested.
b. -0=-agreeanent-har been -roaclred•-with-respect-to--the-following-tiasrm:
c. The action is contested with respect to the following claims:
Divorce and equitable distribution.
(5) The action (bvvftffiO? (does not involve) complex issues of law or fact
(6) The hearing is expected to take one-half (days)
(7) Additional information, if any, relevant to the motion:
None.
Date: 6/30/08
Attorney for (Plaintiff) (fflksftmdm'
Print Attorney Name ......... Sandra L. Me i 1 t on
ORDER APPOINTING MASTER
AND NOW, . 20 Esquire
is appointed master with respect to the following claims:
By the Court:
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JUL 0 3 2008 Z?
JAY C. SHOEN
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
MARJA H DEWEYER, a/k/a
MARJA H. DEWEIJER,
Plaintiff
appoint a master with
respect to the following claims:
(c) Divorce Distribution of Property
() Annulment () Support
() Alimony () Counsel Fees
() Alimony Pendente Lite () Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claims (s) for which the appointment of a master is
requested.
(2) The defendant (has) k) appeared in the action #vncmz" (by his attorney,
Darren J. Holst , Esquire).
(3) The Staturory ground (s) for divorce (is) (are)
Section 3301(c)
(4) Delete the inapplicable paragraph(s):
a. The action it; nut muteged.
b. * r-agreement-har been -mmehed--with-respect-hr-therfoiiowing--clams:
c. The action is contested with respect to the following claims:
Divorce and equitable distribution.
(5) The action OPMPX9? (does not involve) complex issues of law or fact
(6) The hearing is expected to take one-half (days).
(7) Additional information, if any, relevant to the motion:
None.
Date: 6/30/08
Print Attorney Name .........
Docket No. 06-5453 CIVIL TERM
Defendant
MOTION FOR APPOINTMENT OF MASTER
(PlaintiM (, moves the court to
Attorney for (Plaintiff) $Rofinin*
Sandra L. Meilton
AND NOW, 1200 ? - - -- - - - j Esquire
.&4 lt is appointed ma r wi respect to the following claims: ??y,e?,r?. ?,! rte-
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JAY C. SHOEN,
V.
Plaintiff
MARJA H. DEWEYER,
Defendant
NO. 2006-5453 Civil Term
CIVIL ACTION - LAW
IN DIVORCE
DEFENDANT'S PRETRIAL STATEMENT
PURSUANT TO PA.R,C.P.1920.33
AND NOW, comes Defendant, Marja H. DeWeyer, by and through her counsel, Howett,
Kissinger & Holst, P.C., who hereby files her Pretrial Statement Pursuant to Pennsylvania Rule
of Civil Procedure 1920.33:
I• FACTUAL AND PROCEDURAL HISTORY.
H. DeWeyer ("Wife"), also known as Marja H
DeWeijer, age 38, born May 8, 1970, married on
February 13, 2004 in New York City.' It was the first marriage for both parties, producing two
minor children, Kyle C. Shoen, age 4, born April 19, 2004, and Ryan T. Shoen, age 2, born
March 29, 2006. The parties presently share legal and physical custody pursuant to an order of
Court dated February 11, 2008. Both parties are in excellent health, and each is capable of
maintaining employment. Neither party has any significant non-marital assets of which to speak.
The parties separated on August 1, 2006, for marriage totaling two and one half years.
Plaintiff, Jay C. Shoen ("Husband"), age 43, born August 5, 1965, and Defendant, Marja
'Husband and Wife met in 1998 through their employment at Philips Electronics. At the
time, they both worked for Philips in New York City. Husband no longer is employed by
Philips.
Wife, who is originally from the Netherlands, has both a bachelor's degree and an MBA.
She is presently employed by Philips, her employer since 1998, and works out of its New Jersey
office. However, for the majority of the week she is able to work from home, but, from time-to-
time, she must travel for business. Wife presently resides in Camp Hill, Cumberland County,
and during marriage the parties relocated to the Central Pennsylvania area inasmuch as Husband
is originally from this area, and his family continues to reside here. Wife's father and brother
reside in the Netherlands, and Wife and the children travel several times a year to Europe to see
her family. From her employment at Philips, Wife earns approximately Seventy Five Thousand
Dollars ($75,000.00) per year. She contributed to a 401(x) plan with Philips.
Husband, also a college graduate, is employed by Health South, from which he earns
approximately Eighty Thousand Dollars ($80,000.00) per year. He also continues to reside in
Cumberland County. As with Wife, Husband also has retirement benefits in an account
maintained by Schwab. Following separation the parties sold their marital residence and placed
the net proceeds in an escrow account.
Husband initiated the above divorce action by filing a Complaint for No-Fault Divorce
and Property Division on or about September 14, 2006. On or about June 30, 2008, Husband
filed his Motion for Appointment of Divorce Master, and the Court entered an Order on July 3
,
2008 appointing E. Robert Elicker,11, Esquire as master.
2
II. ASSETS.
A. MARITAL ASSETS.
# ASSET TITLE/
POSSESSION MARITAL DATE OF ANY
VALUE VALUATION PORTION ENCULIENS OR
MBRANCES
NON-
Escrow MARITAL
Joint/Joint $79,810.00 8/29/08
Account No None
(Mantal
Residence
Sale
Proceeds)
2 Increase in
value on Wife/Wife
$28'272'00
Separation
Yes
Philips
(see II B, None
401(K) #1)
3 Increase in
value on Husband/Husband
$28,000.002
Separation
Schwab (est.) Yes (see II,
B, #2) None
401(K)
Account
4 2001 Ford F- Husband/Husband
0
150 Pickup Trade in No
Truck (traded
(net)
(net) None
in in 2006)
5 2004 Pontiac Wife/Wife
855
$3
00
Grand Am .
, Current No
Yes, $4
385
00
Automobile ,
.
(See X)
6 Philips Federal Wife/Wife
TBD
Credit Union Separation Yes
Account None
7 Philips Federal Husband/Husband TBD
Credit Union Separation Yes
Account None
8 PSECU Husband/Husband TBD
Account Separation Yes
None
2At the time Wife files her pretrial statement, she is still awaiting Husband's date of
marriage statement on his Schwab 401(K). An accurate valuation can be made after receipt of
the statement.
3
B. NON-MARITAL ASSETS.
# ASSET VALUE
DATE OF
ANY PORTION
1 Wife's Philips 401(K)
VALUATION
MARITAL LIENS OR
ENCUMBRANCES
$59,274.00
Account
6/30/08
Yes, increase in
None
value during
marriage
2 Husband's Schwab $65
630
00
,
.
401(K) Account 3/29/07 Yes, increase in
None
value during
marriage
3 Wife's Post-Separation TBD
Bank Account Trial No
None
4 Husband's Post- T 13D
Separation Bank Trial No
None
Account
III. EXPERT WITNESSES.
At this time, Wife does not intend to call any expert witnesses during her case in chief.
without However, Wife advance notice reserves the right to call rebuttal expert witnesses if necessary and appropri
ate
to Husband.
IV. WITNESSES OTHER THAN PARTIES.
None. However, Wife reserves the right to call rebuttal witnesses if necessary and
appropriate without advance notice to Husband.
V. LIST OF EXHIBITS.
Wife plans on submitting the following exhibits at hearing:
I • Statements for escrow account.
2. Retirement statements for both parties.
3. Kelley Blue Book statements on vehicles.
4. Current statements on bank accounts.
5. Wife's 2007 income tax return.
4
6. Wife's current pay stubs.
7. Statements for credit card debt and Philips PSL.
Wife reserves the right to identify and introduce additional exhibits prior to trial upon
proper notice to Husband and the Court. Additionally, Wife reserves the right to introduce
rebuttal exhibits as necessary and appropriate without advance notice.
VI. DEFENDANT'S INCOME.
Wife is employed by Philips Electronics and is paid a salary therefrom. She is a W-2
employee, and Wife's 2007 income tax return will be submitted at hearing along with current
copies of her pay stubs. ant
VII• PENSION OR RETIREMENT BENEFITS.
See marital asset chart above.
VIII. COUNSEL FEES.
Wife has not raised a claim for counsel fees, costs and expenses, nor has Husband raised
such a claim.
IX. PERSONAL PROPERTY.
in kind. marital asset chart above. All marital personalty and furnishings have been divided
X. MARITAL DEBTS.
# DEBT DEBT AS OF
DATE DEBT
INITIAL
D.O.S.
INCURRED
AMOUNT OF PURPOSE OF
PAYMENTS
EVIDENCE
DEBT DEBT SINCE D.O.S.
OFFERED IN
SUPPORT OF
I Philips $7,500.00 (est). TBD CLAIM
FCU PSL TBD Various TBD
Statements
2 Wife's $8,500.00 (est.) Various
Credit
Card Debt TBD Various TBD
Statements
3 Husband's $3,500.00 (est.) Various
Credit
Card Debt TBD Various TBD
Statements
5
XI. PROPOSED RESOLUTION.
Wife proposes the following resolution:
A. Equitable Distribution: Considering all of the statutory factors, Wife submits an
equitable resolution of this matter would afford her 55% of the net marital estate.
B. Alimony: No claim for alimony has been raised.
C. Counsel fees costs and ex enses: No claims for counsel fees, costs and . expenses
has been raised Respectfully submitted,
Date: 911 f IZ),F
Darren J. olst, Esquire
HOWETT, KISSINGER & HOLST, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Defendant, Marja H. DeWeyer
6
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JAY C. SHOEN.
Plaintiff
V.
MARJA H. DE WEYER,
Defendant
NO. 2006-5453 Civil Term
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, Darren J. Hoist, Esquire, counsel for Defendant, Marja H. DeWe
captioned action, hereby certify that a true and correct copy of the foregoing Defendant's Pretrial
Statement pursuant to Pa.R.C.P. 1920.33 was served upon Sandra L. Menton, Esquire,
for Plaintiff counsel
, jay C. Shoen, by depositing same in the United States
September 15, 2008, addressed as follows: mail, first class, on
Sandra L. Meilton, Esquire
DALEY, ZUCKER, MEILTON, MINER & GINGRICH
1029 Scenery Drive
Harrisburg, PA 17109
Date: / (- /
Darren J. olst, Esquire
HOWETT, KISSINGER & HOLST, P.C.
130 Walnut Street
P-0. Box 810
Telephone: (717) 234-2616
Counsel for Defendant, Mara H. DeWeyer
Harrisburg, PA 17108
C.) !v
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IN THE COURT COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JAY C. SHOEN, )
Plaintiff ) NO. 2006-5453 Civil Term
V. )
MARJA H. DEWEYER, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under §3301(c) of the Divorce Code was filed on
September 14, 2006.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety
days have elapsed from the date of filing and service of the complaint.
3. I consent to the entry of a final decree in divorce after service of notice of
intention to request entry of the decree.
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
&33010 OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will. not be divorced until a divcree 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 above are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
Date: 12 ? GI 1 OS _ V U U V ./L
-? Mar a H. Deweyer, D
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JAY C. SHOEN,
Plaintiff
VS.
MARGA H. DEWEYER/DEWIJER,
Defendant
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06 - 5453 CIVIL
IN DIVORCE
ORDER OF COURT
AND NOW, this day of ,
2008, the economic claims raised in the proceedings having been
resolved in accordance with a marital settlement agreement
dated December 22, 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 THE COURT,
r- - !
Edgar B. ey, P.J. ,
cc: ? Sandra L. Meilton
/Attorney for Plaintiff
Darren J. Holst
Attorney for Defendant
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MARITAL SETTLEMENT AGREEMENT
BY AND BETWEEN
JAY C. SHOEN
AND
MARJA H. DEWEYER
Darren J. Holst, Esquire
HOWETT, KISSINGER & HOLST, P.C
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Marja H. DeWeyer
Sandra L. Meilton, Esquire
DALEY, ZUCKER, MEILTON, MINER & GINGRICH
1029 Scenery Drive
Harrisburg, PA 17109
Telephone: (717) 657-4795
Counsel for Jay C. Shoen
MARITAL SETTLEMENT AGREEMENT
,(4 Z
THIS AGREEMENT is made thiday of 'i?,(-e , 2008, by
and between JAY C. SHOEN, of Cumberland County, Pennsylvania, and MARJA H.
DEWEYER, a/k/a MARJA H. DEWEUER, of Cumberland County, Pennsylvania;
WITNESSETH:
WHEREAS, Jay C. Shoen (hereinafter referred to as "Husband") was born on August 5,
1965 and currently resides at 707 Colonial Court, Mechanicsburg, Cumberland County,
Pennsylvania 17050;
WHEREAS, Mara H. DeWeyer (hereinafter referred to as "Wife") was born on May 8,
1970 and currently resides at 135 North 21" Street, Camp Hill, Cumberland County,
Pennsylvania 17011;
WHEREAS, the parties hereto are husband and wife, having been lawfully married on
February 13, 2004 in New York City, New York;
WHEREAS, the parties have lived separate and apart since on or about August 1, 2006;
WHEREAS, two children were born of the marriage between the parties, namely, Kyle
C. Shoen, born April 19, 2004, and Ryan T. Shoen, born March 29, 2006;
WHEREAS, the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other, including, without limitation,
the settling of all matters between them relating to the ownership of real and personal property,
the support and maintenance of one another and, in general, the settling of any and all claims and
possible claims by one against the other or against their respective estates.
T . , .
NOW, THEREFORE, in consideration of these premises, and of the mutual promises,
covenants and undertakings hereinafter set forth, and for other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto,
Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows:
1. ADVICE OF COUNSEL. Each party acknowledges he or she has had
the opportunity to receive independent legal advice from counsel of his or her selection (Darren
J. Holst, Esquire for Wife and Sandra L. Meilton, Esquire for Husband). Each party fully
understands the facts and his or her legal rights and obligations, and each party acknowledges
and accepts this Agreement is, in the circumstances, fair and equitable; it is being entered into
freely and voluntarily; the execution of this Agreement is not the result of any duress or undue
influence; and it is not the result of any improper or illegal agreement or agreements. In addition,
each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the
right and duty to determine all marital rights of the parties including divorce, alimony, alimony
pendente lite, equitable distribution of all marital property or property owned or possessed
individually by the other, counsel fees and costs of litigation and, fully knowing the same, each
party hereto still desires to execute this Agreement, acknowledging the terms and conditions set
forth herein are fair, just and equitable to each of the parties, and each waives his and her
respective right to have the Court of Common Pleas of Cumberland County, or any other court of
competent jurisdiction, make any determination or order affecting the respective parties' rights to
alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and
costs of litigation.
2
2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges
he or she is aware of his or her right to seek discovery, including but not limited to, written
interrogatories, motions for production of documents, the taking of oral depositions, the filing of
inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or
the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges he or she
has had the opportunity to discuss with counsel the concept of marital property under
Pennsylvania law and each is aware of his or her right to have the real and/or personal property,
estate and assets, earnings and income of the other assessed or evaluated by the courts of this
commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge
there has been full and fair disclosure to the other of his or her respective income, assets and
liabilities, whether such are held jointly or in the name of one party alone. Each party agrees any
right to further disclosure, valuation, 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 party warrants he or she is not aware of any marital asset which
is not identified in this Agreement. The parties hereby acknowledge and agree the division of
assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them.
Each of the parties hereto further covenants and agrees for himself and herself and his or her
heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the
other party or his or her heirs, executors, administrators or assigns in any action of contention,
direct or indirect, and allege therein there was a denial of any rights to full disclosure, or that
there was any fraud, duress, undue influence or that there was a failure to have available full,
proper and independent representation by legal counsel.
4.
3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter,
live separate and apart. Each shall be free from all control, restraint, interference and authority,
direct or indirect, by the other. Each may reside at such place or places as he or she may select.
Each may, for his or her separate use or benefit, conduct, carry on or engage in any business,
occupation, profession or employment which to him or her may seem advisable. Husband and
Wife shall not molest, harass, disturb or malign each other or the respective families of each
other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any
manner whatsoever with him or her. Neither party will interfere with the use, ownership,
enjoyment or disposition of any property now owned by or hereafter acquired by the other.
4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and
the parties agree, that by this Agreement they have resolved all ancillary economic issues related
to the dissolution of their marriage and, thus, any divorce action with respect to these parties
shall be limited to a claim for no-fault divorce only. The parties acknowledge that, on September
14, 2006, Husband initiated a divorce action under, inter alia, the no-fault provisions of the
Divorce Code by filing a Complaint docketed at number 2006-5453 Civil Term in the Court of
Common Pleas of Cumberland County. The parties acknowledge the ninety (90) day waiting
period provided for under Section 3301(c) of the Divorce Code has expired. Therefore,
contemporaneously with the execution of this Agreement, each party will sign an Affidavit of
Consent to Divorce and Waiver of Notice of Intention to Request Entry of Divorce Decree and
deliver same to counsel for Husband who shall promptly submit said affidavits and waivers to
the Court along with all other documents necessary to precipitate the prompt entry of a divorce
decree prior to December 31, 2008.
4
f y .
5. EQUITABLE DISTRIBUTION.
(a) Marital Residence. The parties acknowledge that, during
marriage, they were the titled owners, as tenants by the entireties, of that certain house and lot
and all improvements thereupon situated at 623 Brisbain Lane, Enola, Cumberland County,
Pennsylvania 17025 (hereinafter referred to as the "Marital Residence"). Following separation,
the parties acknowledge the Marital Residence was sold with the net proceeds thereof placed into
an escrow account maintained by First National Bank, account # 971012165, on which counsel are
named escrow agents. As of October 31, 208, the account had a balance of Seventy Nine
Thousand Seven Hundred Forty Nine Dollars and Thirty Two Cents ($79,749.32).
The parties agree the escrow proceeds shall be divided in a fashion that affords Husband
fifty one (51 %) percent thereof and Wife forty nine (49%) percent thereof. Upon division of the
account, the account shall be closed. For tax year 2008, Husband shall be responsible for
reporting fifty one (51 %) percent of any taxable interest earned on the escrow account, and Wife
shall be responsible for reporting forty nine (49%) percent of any taxable interest. Upon division
of the escrow proceeds, each party hereby waives, releases and relinquishes any and all past,
present or future right, title, claim or interest in and to the monies received by the other
including, but not limited to, any subsequent property acquired therewith.
(b) Furnishings and Personalty.
(1) The parties agree they have divided by agreement between
themselves all furnishings and personalty previously located in the Marital Residence, including
all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment.
5
(2) Except as otherwise set forth herein, Husband shall retain,
as his sole and separate property, free of any and all right, title, claim or interest of Wife, all of
the personalty and furnishings currently in his possession.
(3) Except as otherwise set forth herein, Wife shall retain, as
her sole and separate property, free of any and all right, title, claim or interest of Husband, all of
the personalty and furnishings currently in her possession.
(c) Motor Vehicles.
(1) Husband agrees Wife shall retain possession of, and receive
as her sole and separate property, any and all automobiles titled in her sole name or in her
possession including, but not limited to, her 2004 Pontiac Grand Am automobile, along with all
rights under any insurance policies thereon and with all responsibility for payment of any
outstanding indebtedness pertaining thereof and insurance thereon, free of any and all right, title,
claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless
from any and all liability, cost or expense, including reasonable attorneys' fees, incurred in
connection with any vehicle belonging to Wife by virtue of this subparagraph.
(2) Wife agrees Husband shall retain possession of, and receive
as his sole and separate property, any and all automobiles titled in his sole name or in his
possession, including, but not limited to, the 2003 Jaguar automobile Husband acquired upon
trading in the marital 2001 Ford F-150 pickup truck, along with all rights under any insurance
policies thereon and with all responsibility for payment of any outstanding indebtedness
pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife.
Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost
or expense, including reasonable attorneys' fees, incurred in connection with any vehicle
belonging to Husband by virtue of this subparagraph.
6
(3) The parties agree they will cooperate in effectuating the
transfer of titles and insurance to accomplish the purposes of this subparagraph.
(d) Life Insurance. The parties acknowledge and agree each shall
retain as his or her sole and separate property, any and all life insurance policies in his or her
name, free of any right, title and interest of the other party.
(e) Pension and Retirement Benefits. Wife and Husband each hereby
specifically releases and waives any and all right, title, claim or interest he or she may have in
and to any and all retirement benefits (including but not limited to pension or profit sharing
benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans,
individual retirement accounts or other similar benefits) of the other party, including, but not
limited to, Wife's Philips 401(K) and Husband's Health South 401(K), specifically to include a
waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties
agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar
act that may be required from time to time to accomplish the purposes of this subparagraph.
(f) Cash Accounts. Stocks and Investments.
(1) Husband agrees Wife shall retain, as her sole and separate
property, free of any and all right, title, claim or interest of Husband, any and all cash accounts,
stocks and investments titled in her sole name, including, but not limited to, her Partners First
Federal Credit Union account. Husband hereby waives, relinquishes and releases any and all
past, present or future right, title, claim or interest in and to said cash accounts, stocks and
investments and the monies contained therein.
7
+ .
(2) Wife agrees Husband shall retain possession of, and receive
as his sole and separate property, free of any and all right, title, claim or interest of Wife, any and
all cash accounts, stocks and investments titled in his sole name, including, but not limited to, his
accounts with PSECU and Partners First Federal Credit Union. Wife hereby waives, relinquishes
and releases any and all past, present or future right, title, claim or interest in and to said cash
accounts, stocks and investments and the monies contained therein.
(g) Miscellaneous Property. As of the execution date of this
Agreement, any and all property not specifically addressed herein shall be owned by the party to
whom the property is titled; if untitled, the party in possession. This Agreement shall constitute a
sufficient bill of sale to evidence the transfer of any and all rights in such property from each to
the other.
(h) Property to Wife. The parties agree Wife shall own, possess, and
enjoy, free from any claim of husband, the property awarded to her by the terms of this
Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and
waives and relinquishes any and all rights thereto, together with any insurance policies covering
that property, and any escrow accounts relating to that property. This Agreement shall constitute
a sufficient bill of sale to evidence the transfer of any and all rights in such property from
Husband to Wife.
(i) Property to Husband. The parties agree Husband shall own,
possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this
Agreement. Wife hereby quit claims, assigns and conveys to Husband all such property, and
waives and relinquishes any and all rights thereto, together with any insurance policies covering
that property, and any escrow accounts relating to that property. This Agreement shall constitute
a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to
Husband.
0) Assumption of Encumbrances.
(1) Commencing August 1, 2006, each party shall be solely
responsible for any and all liabilities he or she has incurred in his or her sole name, specifically to
include any obligations to issuers of credit cards in his or her name.
(2) Husband shall be solely responsible for any and all
liabilities incurred in his sole name during the marriage including, but not limited to, the PSECU
Visa credit card debt which, at the time of separation, had a balance of approximately Three
Thousand Nine Hundred Six Dollars ($3,906.00). Husband shall indemnify and hold Wife and
her property harmless from any and all liability, cost or expense, associated therewith.
(3) Wife agrees she shall be solely responsible for any and all
liabilities incurred in her sole name during the marriage, including, but not limited to, her
personal service loan with Partners First Federal Credit Union, which at the time of separation
had a balance of approximately Seven Thousand Two Hundred Fifty Dollars ($7,250.00), as well
as credit cards in her sole name. Wife shall indemnify and hold Husband and his property
harmless from any and all liability, cost or expense, associated therewith.
9
(4) Unless otherwise provided herein, each party hereby
assumes the debts, encumbrances, tax and liens on all the property each will hold subsequent to
the effective date of this Agreement. Each party agrees to indemnify and hold harmless the other
party and his or her property from any claim or liability the other party will suffer or may be
required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this
Agreement.
(k) Liability not Listed. Each party represents and warrants to the
other he or she has not incurred any debt, obligation or other liability, other than those described
in this Agreement, on which the other party is or may be liable. A liability not disclosed in this
Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it,
and such party agrees to pay it as the same shall become due, and to indemnify and hold the other
party and his or her property harmless from any and all debts, obligations and liabilities.
(1) Indemnification of Wife. If any claim, action or proceeding is
hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband
under this Agreement, Husband will, at his sole expense, defend Wife against any such claim,
action or proceeding, whether or not well-founded, and indemnify her and her property against
any damages or loss resulting therefrom, including, but not limited to, costs of court and
reasonable attorneys' fees incurred by Wife in connection therewith.
10
(m) Indemnification of Husband. If any claim, action or proceeding
is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife
under this Agreement, Wife will, at her sole expense, defend Husband against any such claim,
action or proceeding, whether or not well-founded, and indemnify him and his property against
any damages or loss resulting therefrom, including, but not limited to costs of court and
reasonable attorneys' fees incurred by Husband in connection therewith.
(n) Warranty as to Future Obligations. Husband and Wife each
represents and warrants to the other that he or she will not at any time in the future incur or
contract any debt, charge or liability for which the other, the other's legal representatives,
property or estate may be responsible. From the date of execution of this Agreement, each party
shall use only those credit cards and accounts for which that party is individually liable and the
parties agree to cooperate in closing any remaining accounts which provide for joint liability.
Each party hereby agrees to indemnify, save and hold the other and his or her property harmless
from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in
the event of breach hereof.
6. WAIVER OF ALIMONY, ALIMONY PENDENTE LIT,SPOUSAL
SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights
and claims which he or she may have now or hereafter by reason of the parties' marriage to
alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits
resulting from the parties' status as husband and wife. The parties further release and waive any
rights they may have to seek modification of the terms of this paragraph in a court of law or
equity, it being understood that the foregoing constitutes a final determination for all time of
either party's obligation to contribute to the support and maintenance of the other.
11
7. COUNSEL FEES, COSTS AND EXPENSES. Each party shall be
solely responsible for his or her own legal fees, costs and expenses incurred in connection with
their separation and/or the dissolution of their marriage, and the preparation and execution of this
Agreement.
8. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically
provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each
waives all rights of inheritance in the estate of the other, any right to elect to take against the will
or any trust of the other or in which the other has an interest, and each of the parties waives any
additional rights which said party has or may have by reason of their marriage, except the rights
saved or created by the terms of this Agreement. This waiver shall be construed generally and
shall include, but not be limited to, a waiver of all rights provided under the laws of
Pennsylvania, or any other jurisdiction.
9. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise
specifically set forth in this Agreement, each party hereto specifically waives any and all
beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like
program carrying a beneficiary designation which belongs to the other party under the terms of
this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature,
deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts,
final pay checks or any other post-death distribution scheme, and each party expressly states that
it is his and her intention to revoke by the terms of this Agreement any beneficiary designations
naming the other which are in effect as of the date of execution of this Agreement. If and in the
12
event the other party continues to be named as beneficiary and no alternate beneficiary is
otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party.
10. RELEASE OF CLAIMS.
(a) Wife and Husband acknowledge and agree the property
dispositions provided for herein constitute an equitable distribution of their assets and liabilities
pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to
division of their property except as provided for in this Agreement. Furthermore, except as
otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases,
renounces and forever abandons any claim, right, title or interest whatsoever he or she may have
in property transferred to the other party pursuant to this Agreement or identified in this
Agreement as belonging to the other party, and each party agrees never to assert any claim to said
property or proceeds in the future. However, neither party is released or discharged from any
obligation under this Agreement or any instrument or document executed pursuant to this
Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right
of the other, all items of personal property, tangible or intangible, acquired by him or her from
the execution date of this Agreement with full power in him or her to dispose of the same fully
and effectively for all purposes.
(b) Each party hereby absolutely and unconditionally releases and
forever discharges the other and the estate of the other for all purposes from any and all rights
and obligations which either party may have or at any time hereafter has for past, present or
future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel
fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising
13
out of the marital relationship or otherwise, including all rights and benefits under the
Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other
law of any other jurisdiction, except and only except all rights and obligations arising under this
Agreement or for the breach of any of its provisions. Neither party shall have any obligation to
the other not expressly set forth herein.
(c) Except as set forth in this Agreement, each party hereby absolutely
and unconditionally releases and forever discharges the other and his or her heirs, executors,
administrators, assigns, property and estate from any and all rights, claims, demands or
obligations arising out of or by virtue of the marital relationship of the parties whether now
existing or hereafter arising. The above release shall be effective regardless of whether such
claims arise out of any former or future acts, contracts, engagements or liabilities of the other or
by way of dower, courtesy, widow's or widower's rights, family exemption or similar allowance,
or under the intestate laws or the right to take against the spouse's will, or the right to treat a
lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any
state, commonwealth or territory of the United States, or any other country.
(d) Except for the obligations of the parties contained in this
Agreement and such rights as are expressly reserved herein, each party gives to the other by the
execution of this Agreement an absolute and unconditional release and discharge from all causes
of action, claims, rights or demands whatsoever in law or in equity, which either party ever had
or now has against the other.
14
11. PRESERVATION OF RECORDS. Each party will keep and preserve
for a period of four (4) years from the date of their divorce decree all financial records relating to
the marital estate, and each party will allow the other party access to those records in the event of
tax audits.
12. MODIFICATION. No modification, rescission, or amendment to this
Agreement shall be effective unless in writing signed by each of the parties hereto.
13. SEVERABILITY. If any provision of this Agreement is held by a court
of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof
shall nevertheless survive and continue in full force and effect without being impaired or
invalidated in any way.
14. BREACH. If either party hereto breaches any provision hereof, the other
party shall have the right, at his or her election, to sue for damages for such breach, or seek such
other remedies or relief as may be available to him or her. The non-breaching party shall be
entitled to recover from the breaching party all costs, expenses and legal fees reasonably incurred
in the enforcement of the rights of the non-breaching party.
15. WAIVER OF BREACH. The waiver by one party of any breach of this
Agreement by the other party will not be deemed a waiver of any other breach or any provision of
this Agreement.
15
16. NOTICE. Any notice to be given under this Agreement by either party to
the other shall be in writing and may be effected by registered or certified mail, return receipt
requested. Notice to Husband will be sufficient if made or addressed to the following:
Jay C. Shoen
707 Colonial Court
Mechanicsburg, PA 17050
and to Wife, if made or addressed to the following:
Marja H. DeWeyer
135 North 21St Street
Camp Hill, PA 17011
Notice shall be deemed to have occurred upon the date received by the recipient. Each party may
change the address for notice to him or her by giving notice of that change in accordance with the
provisions of this paragraph.
17. APPLICABLE LAW. All acts contemplated by this Agreement shall be
construed and enforced under the substantive laws of the Commonwealth of Pennsylvania
(without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of
execution of this Agreement.
18. DATE OF EXECUTION. The "date of execution" or "execution date" of
this Agreement shall be defined as the date upon which the parties signed the Agreement if they
do so on the same date, or if not on the same date, then the date on which the Agreement was
signed by the last party to execute this Agreement.
19. EFFECTIVE DATE. This Agreement shall become effective and
binding upon both parties on the execution date.
16
20. EFFECT OF RECONCILIATION. COHABITATION OR
DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated
even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a
reconciliation. This Agreement also shall continue in full force and effect in the event of the
parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the
parties in writing execute a statement declaring this Agreement or any term of this Agreement to
be null and void.
21. HEADINGS NOT PART OF AGREEMENT. Any headings preceding
the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of
reference and shall not constitute a part of this Agreement nor shall they affect its meaning,
construction or effect.
22. AGREEMENT BINDING ON PARTIES AND HEIRS. This
Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal
representatives, assigns, and successors in any interest of the parties.
23. ENTIRE AGREEMENT. Each party acknowledges he or she has
carefully read this Agreement; he or she has discussed its provisions with an attorney of his or
her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and
this instrument expresses the entire agreement between the parties concerning the subjects it
purports to cover and supersedes any and all prior agreements between the parties. This
Agreement should be interpreted fairly and simply, and not strictly for or against either of the
parties.
17
24. MUTUAL COOPERATION. Each party shall, on demand, execute and
deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary
designations, tax returns, and other documents, and shall do or cause to be done every other act
or thing that may be necessary or desirable to effectuate the provisions and purposes of this
Agreement. If either party unreasonably fails on demand to comply with these provisions, that
party shall pay to the other party all attorneys' fees, costs, and other expenses reasonably incurred
as a result of such failure.
25. AGREEMENT NOT TO BE MERGED. This Agreement may be
incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be
merged into said decree. The parties shall have the right to enforce this Agreement under the
Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity
under this Agreement as an independent contract. Such remedies in law or equity are specifically
not waived or released.
IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of
their acknowledgments.
WITNESS
WITNES
C-
J
MARJA H. DEWE Eli
18
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF fi •??1
BEFORE ME, the undersigned authority, on this day personally appeared JAY C.
SHOEN, known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that he executed same for the purposes and considerations therein
expressed. na(
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
.l c, ,PA461e?t , 2008.
Notary Public in and for
Commonwealth of Pennsylvania
Typed or printed name of Notary:
My commission expires: 11-1.r-.?1011
[Glori:aM? MMONWEALTH OF ENNSYLVANIA
ARIALSEAL
Rine, Nbtary Pnblic
Townships Dauptun CouDty
n expires November t5, 2011
19
COMMONWEALTH OF PENNSYLVANIA
..............
COUNTY OF 1 1?
BEFORE ME, the undersigned authority, on this day personally appeared MARJA H.
DEWEYER, known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that she executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2008.
140taryP li m and for
Commonwealth of Pennsylvania
Typed or printed name of Notary:
My commission expires:
ECOMMONWEALTH Of PENNSYLVANIA
NOTARIAL SEAL
GINGER 1. GONTZ, NOTARY P
CITY Of HARRISBURG, DAUPHINUCOUNTY
MY COMMISSION EXPIRES MAY 17, 2012
20
JAY C. SHOEN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
No. 06-5453 CIVIL TERM
MARJA H. DEWEYER,
a/k/a MARJA H. DEWEIJER, CIVIL ACTION-LAW
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on
September 14, 2006.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of filing and service of the Complaint.
3. 1 consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER 6 3301(c) OF THE DIVORCE CODE
I consent to the entry of a final decree of divorce without notice.
2. 1 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. 1 understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to
unsworn falsification to authorities.
Date:
J laintiff
JAY C. SHOEN,
Plaintiff
VS.
MARJA H. DEWEYER, a/k/a
MARJA H. DEWEIJER,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
No. 06-5453 CIVIL TERM
PR.AECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information to the court for entry of a divorce
decree:
1. Ground for divorce:
Irretrievable breakdown under 3301 (c)
#aW of the Divorce Code.
(Strike out inapplicable section)
2. Date and manner of service of the complaint: Certified mail, received
on September 26, 2006.
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 12/22/08 ; by defendant 12/19/08
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: None.
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
12/29/08
Prothonotary:
Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the
Prothonotary: December 22, 2008
Attorney for Pl tiff/bWf
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAY C. SHOEN,
V.
MARJA H. DEWEYER, a/k/a
MARJA H. DEWEIJER, NO. 06-5453 CIVIL TERM
DIVORCE DECREE
AND NOW, 3a , 7-0 9 2 , it is ordered and decreed that
JAY C. SHOEN , plaintiff, and MARJA H. DEWEYER
a/k/a MARJA H. DEWEIJER , 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.
By the Court,
p 1,4
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P ?C Cl
IN - IE'd