HomeMy WebLinkAbout06-6994r^
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JOHN DAVID SHOENFELT,
PLAINTIFF
VS.
CAROL A. SHOENFELT,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
NO. 0(--109 CIVIL TERM
CIVIL ACTION -LAW
ACTION FOR 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.
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, PA 17013-3387.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S
FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE
THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle PA 17013
(717) 249-3166
1-800-990-9108
JOHN DAVID SHOENFELT,
PLAINTIFF
VS.
CAROL A. SHOENFELT,
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
: NO. N.- 9 9 y CIVIL TERM
: CIVIL ACTION -LAW
ACTION FOR DIVORCE
COMPLAINT FOR NO-FAULT DIVORCE
R SECTION 3301(c) OF THE DIVORCE (
AND NOW, comes the Plaintiff, JOHN DAVID SHOENFELT, by and through his
counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes
the following consolidated complaint in divorce for divorce.
1. Plaintiff is JOHN DAVID SHOENFELT, an adult individual, who currently
resides at 401 West Elmwood Avenue, Mechanicsburg, Cumberland County, Pennsylvania,
17055, and has resided in Cumberland County for over one (1) year.
2. Defendant is CAROL A. SHOENFELT, an adult individual, whose address is
210 Lewis Lane, Enola, Cumberland County, Pennsylvania, 17025.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at
least six (6) months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were lawfully married on October 25, 1995.
5. Plaintiff previously filed for divorce, but the parties reconciled and the divorce
complaint was expunged.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised of the availability of counseling and of the right to
request that the court require the parties to participate in counseling. Plaintiff has chosen not to
engage in, or to request any counseling.
8. Plaintiff was a member of the Navy in the United States Military Services, but
does not have any military benefits. Defendant was never a member of the United States
Military Services.
9. There were no children born of this marriage.
COUNT I - REQUEST FOR NO-FAULT DIVORCE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference
thereto.
It. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff
intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file
such an affidavit.
WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90)
days have elapsed from the date of filing of this Complaint, Plaintiff, JOHN DAVID
SHOENFELT, respectfully requests the court to enter a Decree of Divorce pursuant to Section
3301(c) of the Divorce Code.
COUNT II - REQUEST FOR EQUITABLE DISTRIBUTION OF
MARITAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE
12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference
thereto.
13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital
property between the parties without regard to marital misconduct in such proportion as the Court
deems just after consideration of all relevant factors.
WHEREFORE, Plaintiff, JOHN DAVID SHOENFELT, respectfully requests the
Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a)
of the Divorce Code.
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
Dated: December L,, 2006 ? ?
Susan Kay
Counsel for
PA I.D. # 6,
4010 Glenfinnan- Mace
Mechanicsburg PA 17055
(717) 724-2278
(Fax) 717-724-2279
VERIFICATION
The undersigned hereby verifies that the facts averred in the foregoing document are true
and correct to the best of his knowledge, information, and belief. This verification is made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities.
DATED:
JOHN DAVID SHOENFELT
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JOHN DAVID SHOENFELT,
PLAINTIFF
VS.
CAROL A. SHOENFELT,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO.06-6994 CIVIL TERM
: CIVIL ACTION -LAW
: ACTION FOR DIVORCE
AFFIDAVIT OF SERVICE CERTIFIED MAIL
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
Be it known, that on the day of ?LL44& ` 2006, before me, the
subscriber, a Notary Public, personally appeared SUSAN KAY CANDIELLO, who, being duly
sworn according to law, did depose and state as follows:
1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania.
2. I represent John David Shoenfelt, Plaintiff in the above-captioned matter.
3. On December 8, 2006, a true and correct copy of the Complaint for No-Fault
Divorce Under Section 3301(c) of the Divorce Code, was deposited for delivery with the U.S.
Postal Service in Mechanicsburg, Pennsylvania, being Certified/First Class Mail, restricted
delivery, return receipt requested, Article No. 7005 1820 0000 5959 5790, and addressed to the
Defendant, Carol A. Shoenfelt, 210 Lewis Lane, Enola, PA 17025.
4. The return receipt card signed by the Defendant, Carol A. Shoenfelt, showing a
date of service of December 11, 2006, is attached hereto as Exhibit "A".
5. Service by certified mail meets the requirements of Pa.R.C.P. 404(2) and
Pa.R.C.P. 403.
SUSAN KA
Counsel for .
SWORN TO AND SUBSCRIBED before me, a Notary Public, this 1.51" day of
&ULa.??-?I , 2006.
N0VJM SM
Way FUM
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My Ca "M M Dow ja al. low
INtary on Expir
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¦ Complete items 1. 2, and 3. Also complete
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 malipiece,
or on the front If space permits.
1. Article Addressed to:
Its LQIW,L? LAv,?
VA 0 0 c?,,S-
by (Printed Name)
D. Is delivery address dfiferent from Item 1? U Yet
If YEs, enter delivery address below: ? No
3. Service Type
Scertified mail ? Express Mail
C3 Registered ? Return Receipt for Merchwxae
? insured mail 0 C.O.D.
4. Restricted Deliveryt{Extra Fee) ? Yes
2. Article Number
(Transferhom"wc 7005 182 2000 5959 5813
PS Form 3811, February 2004 Domestic Return Receipt
102595-02-10-1540
Exhibit "A"
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JOHN DAVID SHOENFELT,
PLAINTIFF
CAROL A. SHOENFELT,
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 06-6994 CIVIL TERM
CIVIL ACTION - LAW
ACTION FOR DIVORCE
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of the Defendant, Carol A. Shoenfelt, in the above-
referenced matter.
Respectfully submitted,
DATE:
Kathy M. Sh ghart
I.D. No. 39779
27 S. Arlene Street
P.O. Box 6315
Harrisburg, PA 17112-0315
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JOHN DAVID SHOENFELT,
PLAINTIFF
VS.
CAROL A. SHOENFELT,
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
: NO.06-6994 CIVIL TERM
: CIVIL ACTION -LAW
: ACTION FOR 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 maybe 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.
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, PA 17013-3387.
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. 11F YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle PA 17013
(717) 249-3166
1-800-990-9108
JOHN DAVID SHOENFELT,
PLAINTIFF
VS.
CAROL A. SHOENFELT,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
NO.06-6494 CIVIL TERM
: CIVIL ACTION -LAW
: ACTION FOR DIVORCE
COMPLAINT FOR NO-FAULT DIVORCE
UNDER SECTION 3301(d) OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, JOHN DAVID SHOENFELT, by and through his
counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C. and makes
the following consolidated complaint in divorce for divorce.
1. Plaintiff is JOHN DAVID SHOENFELT, an adult individual, who currently
resides at 401 West Elmwood Avenue, Cumberland County, Pennsylvania, 17055.
2. Plaintiff has resided in Cumberland County for over one (1) year.
3. Defendant is CAROL A. SHOENFELT, an adult individual, who currently
resides at 210 Louis Lane, Enola, Cumberland County, Pennsylvania, 17028.
4. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at
least six (6) months immediately previous to the filing of this Complaint.
5. The Plaintiff and Defendant were lawfully married on October 25, 1995.
6. An action for divorce under Section 3301(c) was filed with this court on December
6, 2006, at Docket Number 2006-6994.
7. The marriage is irretrievably broken.
8. The parties have been separated for more than two (2) years.
9. Plaintiff has been advised of the availability of counseling and of the right to
request that the court require the parties to participate in counseling. Plaintiff has chosen not to
engage in, or to request any counseling.
WHEREFORE, Plaintiff, JOHN DAVID SHOENFELT, respectfully requests the Court
to enter a Decree of Divorce
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
Dated: January4 , 2009
Susan KLan i o, Esquire
Counsel n i,
PA I.D. # 4010 GlePlace
Mechanicsburg PA 17055
(717) 724-2278
VERIFICATION
The undersigned hereby verifies that the facts averred in the foregoing document are true
and correct to the best of his knowledge, information, and belief. This verification is made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities.
DATED: ? ?
X DAVID SHOENFELT
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JOHN DAVID SHOENFELT, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : OF CUMBERLAND COUNTY,
: PENNSYLVANIA
VS. : NO.06-6994 CIVIL TERM
CAROL A. SHOENFELT, : CIVIL ACTION -LAW
DEFENDANT : ACTION FOR DIVORCE SECTION 3301(d)
COUNTER-AFFIDAVIT UNDER SECTION 3301(d)
OF THE DIVORCE CODE
1. Check either (a) or (b):
?(a) I do not oppose the entry of a divorce decree.
(b) I oppose the entry of a divorce decree because (Check (i), (ii), or both):
(i) The parties to this action have not lived separate and apart for a period of at
least two (2) years;
(ii) The marriage is not irretrievably broken.
2. Check either (a) or (b):
(a) I do not wish to make any claims for economic relief. I understand that I may
lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not
claim them before a divorce is granted.
(b) I wish to claim economic relief which may include alimony, division of property,
lawyer's fees or expenses or other important rights.
I understand that in addition to checking (b) above, I must also file all of my economic
claims with the prothonotary in writing and serve them on the other party. If I fail to do
so before the date set forth on the Notice of Intention to Request Divorce Decree, the
divorce decree may be entered without fin ther notice to me, and I shall be unable
thereafter to file any economic claims. I verify that the Statements in this Affidavit are
true and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities.
1-Zy -y'? e?i -a" 4;?
DATE CAROL A. SHOENFELT
NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE
DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC
RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT.
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JOHN DAVID SHOENFELT,
Plaintiff
V.
CAROL A. SHOENFELT,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 06-6994 CIVIL TERM
Civil Action - Law
Divorce
NOTICE TO PLEAD
TO: JOHN DAVID SHOENFELT, Plaintiff
You are hereby notified to file a written response to the enclosed PRELIMINARY
OBJECTIONS within twenty (20) days from service hereof or a judgment may be
entered against you.
DATE: 2/20/09
Kathy M. Shughart, Esqui e
Attorney for Defendant
Supreme Court ID #39779
27 South Arlene Street
Post Office Box 6315
Harrisburg, PA 17112-0315
(717) 540-8511
4
JOHN DAVID SHOENFELT, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :NO. 06-6994 CIVIL TERM
CAROL A. SHOENFELT, : Civil Action - Law
Defendant : Divorce
PRELIMINARY OBJECTIONS OF DEFENDANT
FAILURE TO CONFORM TO LAW OR RULE OF COURT
1. On or about December 6, 2006, Plaintiff filed a Complaint in Divorce docketed at
No. 06-6994 Civil Term in the Court of Common Pleas of Cumberland County,
Pennsylvania.
2. On or January 23, 2009, Plaintiff filed another Complaint in Divorce involving
the same parties and also docketed to the same Court and docket number.
3. The second Complaint in Divorce is different from the original Complaint in
Divorce filed on December 5, 2005.
4. Only one original complaint may be filed in any action. Pa R Civ.P. 1017(a).
5. The Complaint in Divorce filed on January 23, 2009 fails to conform to law or
rule of court.
WHEREFORE, Defendant respectfully requests this Honorable Court to strike the
Complaint filed by Plaintiff on January 23, 2009 for failure to comply with law or rule of
court.
PENDANCY OF A PRIOR ACTION
6. The averments of Paragraphs 1 through 5 are incorporated herein.
7. The Complaint in Divorce filed on January 23, 2009 is improper as the divorce
action originally filed on December 4, 2005 is still pending. .
WHEREFORE, Defendant respectfully requests this Honorable Court to strike the
Complaint filed by Plaintiff on January 23, 2009, due to the pendency of the prior action.
Respectfully submitted,
Kathy M. `Shughart, Es .
Attorney for Plaintiff
P.O. Box 6315
Harrisburg, PA 17112-0315
(717) 540-8511
Supreme Court #39779
2
.A.
JOHN DAVID SHOENFELT,
Plaintiff
V.
CAROL A. SHOENFELT,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 06-6994 CIVIL TERM
Civil Action - Law
Divorce
CERTIFICATE OF SERVICE
I hereby certify that I have on this day served a true and correct copy of the
Preliminary Objections on the persons and in the manner indicated below, which service
satisfies the requirements of Pa.R.Civ.P. 440.
Service by first class mail addressed as follows:
Susan Kay Candiello, Esq.
4010 Glenfinnan Place
Mechanicsburg, PA 17055
Dated: 2/20/08
Respectfully submitted,
Kathyhughart , Esq.
Attorney for Defendant
27 South Arlene Street
P.O. Box 6315
Harrisburg, PA 17112-0315
(717) 540-8511
Supreme Court #39779
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JOHN DAVID SHOENFELT, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :NO. 06-6994 CIVIL TERM
CAROL A. SHOENFELT, : Civil Action - Law
Defendant : 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 or property or other rights important to you,
including custody or visitation or your children.
When the ground for 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, Dauphin County Courthouse, Harrisburg,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF
THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
717-249-3166
JOHN DAVID SHOENFELT,
Plaintiff
V.
CAROL A. SHOENFELT,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 06-6994 CIVIL TERM
Civil Action - Law
Divorce
ANSWER TO COMPLAINT AND COUNTERCLAIM
AND NOW, comes the Defendant, Carol A. Shoenfelt, by and through her
attorney, Kathy M. Shughart, Esquire, and files this Answer to the Complaint filed in this
matter on December 6, 2006 as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted in part and denied in part. It is admitted that Defendant was
never a member of the military. After reasonable investigation, Defendant is without
sufficient information to ascertain the truth and veracity of this averment as it pertains to
Plaintiff and strict proof thereof is demanded at trial.
9. Admitted.
COUNT 1- DIVORCE
10. No response is necessary or required. . If a response is required, the
averment is specifically denied.
11. Denied. The averment contained in this paragraph is a conclusion of law
and fact to which no response is necessary or required. If a response is required, the
averment is specifically denied.
COUNT 2 - EQUITABLE DISTRIBUTION
12. No response is necessary or required. . If a response is required, the
averment is specifically denied.
13. Admitted in part and denied in part. It is admitted that Defendant desires
the Court to equitably divide or distribute the marital property between the parties in
accordance with the applicable laws.
COUNTERCLAIM
ALIMONY
14. Paragraphs 1 through 13 are incorporated by reference herein.
15. Defendant lacks sufficient property to provide for her reasonable needs.
16. Defendant is unable to currently sufficiently support herself through
appropriate employment.
17. Plaintiff has sufficient income and assets to provide continuing support for
the Defendant.
WHEREFORE, Defendant requests the Court to enter an alimony award in favor
of Defendant.
Respectfully submitted,
K th M. Shughart
Attorney for Defendant
P.O. Box 6315
27 South Arlene Street
Harrisburg, PA 17112-0315
(717) 540-8511
Supreme Court #39779
VERIFICATION
I verify that the statement made in the foregoing document are
true and correct to the best of my knowledge, information and
belief. I understand that the statements therein are made subject
to the penalties of 18 Pa. C.S. § 4904 relating to unsworn
falsification to authorities.
//1 114
JOHN DAVID SHOENFELT, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :NO. 06-6994 CIVIL TERM
CAROL A. SHOENFELT, : Civil Action - Law
Defendant : Divorce
CERTIFICATE OF SERVICE
I hereby certify that I have on this day served a true and correct copy of the
Answer and Counterclaim on the persons and in the manner indicated below, which
service satisfies the requirements of Pa.R.Civ.P. 440.
Service by first class mail addressed as follows:
Susan Kay Candiello, Esq.
4010 Glenfinnan Place
Mechanicsburg, PA 17055
Dated: 2/19/08 Respectfully submitted,
C'>KatM. hughart, Esq.
Attorney for Defendant
27 South Arlene Street
P.O. Box 6315
Harrisburg, PA 17112-0315
(717) 540-8511
Supreme Court #39779
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JOHN DAVID SHOENFELT,
PLAINTIFF
VS.
CAROL A. SHOENFELT,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
:NO. 06.6994 CIVIL TERM
: CIVIL ACTION -LAW
: ACTION FOR DIVORCE
MOTION FOR APPOINTMENT OF MASTER
John David Shoenfelt, moves the court to appoint a master with respect to the following claims:
(X) Divorce (X) 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 for which the appointment of a master is requested;
2. The Defendant has appeared in the action by her attorney, Kathy Shughart, Esquire;
3. The statutory grounds for the divorce are 3301(c) of the Divorce Code;
4. The action is contested with respect to the following claims: Distribution of property;
5. The action does not involve complex issues of law or fact; and
6. The hearing is expected to take one-half (1/2) day.
7. Additional Information: Defendant, has voluntarily left the marriage on several occasions,
taking all of her property and finances with her each time she left, the result is the Defendant has
been absent from the marriage more than slias been pre en the marruae_
Dated: June , 2009
Suaan Kay Can 6,1Ei
Cosmsel for PI to
PA I.D. # 6499
4010 Glen e
Mechanicsburg PA 17055
(717) 724-2278
ORDER APPOINTING MASTER
AND NOW, this day of . 2009, after consideration of the
attached Motion for Appointment of Master, it is hereby Ordered and Directed that
Esquire, is appointed master with respect to the following
claims:
By the Court:
J.
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2099 JUDY 25 F, Z:: s x.?
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JOHN DAVID SHOENFELT,
PLAINTIFF
VS.
CAROL A. SHOENFELT,
DEFENDANT
: IN THE COURT OF COD
: OF CUMBERLAND COU
: PENNSYLVANIA
NO. 06-6994 CIVIL TEl
CIVIL ACTION - LAW
ACTION FOR DIVORCE
JOHN DAVID SHOE_NF„LT
Plaintiff, John David Shoenfelt, files the following Income and Expense
verifies the statements made herein are true and correct. Plaintiff understands a
statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating
falsification to authorities.
94?
JOHN DAVID S',
INCOME:
Employer: Retired
Railroad Retirement $3,566.00
Address:
Federal Withholding: $200.00
Social Security (FICA):
State Income Tax:
State DIUC Tax:
Local Income Tax:
Medicare: $96.00
Retirement:
Savings Bonds:
Credit Union:
Life Insurance:
Health Insurance:
Tax Deferred Comp:
Fair Share Fee:
TOTAL: $ 3,270.00
OTHER INCOME: 0.00
TOTAL MONTHLY INCOME: $ 3,270.00
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PLEAS
atement and
false
unworn
V
EXPENSES (MONTHLY):
HOME:
Mortgage:
Utilities:
Electric:
Cable/TV:
Telephone and Internet
Cell Phone:
Water
Sewer/Garbage
Maintenance (annual)
TIMESHARE
$ 206.00
130.00
(included in above)
70.00
40.00
48.00
3,300.00
Maintenance / Taxes (annual) $ 477.00
EMPLOYMENT EXPENSES:
Transportation:
Lunches:
TAXES:
School: (annual, all inclusive) $ 2,600.00
Real Estate:
Personal:
Income:
INSURANCE:
Homeowners/Rental: (annual) $ 820.00
Automobile: (annual) 748.00
Life:
Accident:
Health: (Has chosen to pay larger co-pays rather than obtain an
policy. No dental coverage.)
AUTOMOBILE:
Payments:
Fuel: (seasonal) $ 250.00
Repairs:
Maintenance: (annual) 1,000.00
Licenses/Registration 81.00
BOAT
Fuel: (per season) $ 3,300.00
Slip Rental: 2,300.00
Winter Storage: 840.00
Maintenance: 1,500.00
Boat insurance
422.00
MEDICAL:
Doctor: (annual) $ 165.00
Dentist: (annual) 200.00 (plus)
Hospital:
Medicine/prescription Drugs:
Hearing Aids and Batteries (annual) 1,040.00 + 140.00
(Two at $5,200.00 each, last about 5 years)
PERSONAL:
Clothing: $ 100.00
Food: 300.00
Barber/Hairdresser: 15.00
Laundry/Dry cleaning:
Memberships: (annual) 100.00
Bank Charges:
Credit Card Payments:
Support:
MISCELLANEOUS:
Papers/Books/Magazines: (annual) 220.00
Entertainment: (annual) $ 2600.00
Legal Fees: 300.00
Charities: (annual) 200.00
TOTAL EXPENSES:
Total Monthly Income:
Total Monthly Eapeuses
Total Monthly Shortfall
$ 3,067.59
$ 3,270.00
$ 3,067.59
$ Just Breaking
Respectfully submitted,
LAW FIRM OF SUSAN KAY
Dated: June;, 2009
Susan Kay C
Counsel for P aintiff
PA I.D. # 64 $
4010 Gl
Mechanicsburg, PA 17055
(717) 724-2278
P.C.
€ 4..
25
O
JOHN DAVID SHOENFELT,
PLAINTIFF
VS.
CAROL A. SHOENFELT,
DEFENDANT
: IN THE COURT OF 1
: OF CUMBERLAND(
: PENNSYLVANIA
NO. 06-6994 CIVIL
: CIVIL ACTION -LAW
: ACTION FOR DIVORCE
IN_WNTORY AND APPRAJaEMENT FUR
JOHN DAVID SHOENFELT
Plaintiff, John David Shoenfelt, files the following Inventory and
property owned or possessed by either party at the time this action was o
property transferred within the preceding three (3) years.
PLEAS
gent of all
and all
Plaintiff, John David Shoenfelt verifies the statements made herein are and correct.
Plaintiff understands any false statements herein are made subject to the penalties of 18 Pa.C.S.
§4904 relating to unworn falsification to authorities.
JOHN DAVID SHOENFELT
ASSETS OF F_AMIES
Plaintiff marks on the list below those items applicable to the case at bar
assets on the following pages. If an item has been appraised, a copy of the appn
attached.
(X) 1. Real property
(X) 2. Motor vehicle(s), Boat
(X) 3. Stocks, Bonds, Securities and Options
( ) 4. Certificates of deposit
(X) 5. Checking accounts, cash
(X) 6. Savings accounts, money market and saving certificates
( } 7. Contents of safe deposit box(s)
( ) 8. Trusts
( ) 9. Life insurance policies, (indicated face value, cash surrender
beneficiaries)
(X) 10. Annuities
( ) It. Gins
( ) 12. Inheritance
itemizes the
report is
and current
( )
(X}
13. Patents, Copyrights, Inventions and Royalties
14. Personal property outside the house
15. Businesses (list all owners, including the percentage of own
officer/director positions held by a party with the company)
16. Employment termination benefits (severance pay, workman's
claim/award)
17. Profit sharing plans
18. Pension plans (indicate employee contribution and date plan 19. Retirement plans, Individual Retirement Accounts (Railroad)
20. Disability payments
21. Litigation claims (matured and unmatured)
22. MilitaryN.A. benefits
23. Education benefits
24. Debts due, including loans, mortgages held
25. Household furnishings and personalty (include as a total cate
itemized list if distribution of such assets is in dispute)
26. Other: Disability Settlement
LIABILITIES OF PARTIES
Plaintiff marks on the list below those items applicable to the case at bar
liabilities on the following page:
SECURED:
( ) 1. Mortgages
( ) 2. Judgements
( ) 3. Liens
( ) 4. Other secured liabilities
UNSECURED:
( ) 1. Credit card balances
( ) 2. Purchases
( ) 3. Loan payments
( ) 4. Notes payable
( ) 5. Other unsecured liabilities
CONTINGENT OR DEFERRED:
and
and attach
itemizes the
( ) 1. Contracts or Agreements
( ) 2. Promissory notes
( ) 3. Lawsuits
( ) 4. Options
( ) 5. Taxes
( ) 6. Other contingent or deferred liabilities
2,2009
Dated: June 1:2
Respectfully submitted,
LAW FIRM OF SUSAN KAY
Susan Kay Candiel ,
Counsel for Plai .?
PA I.D. # 64998
4010 Glenfinnan
Mechanicsburg PA 17055
(717) 724-2278
P.C.
OF THE F; ,; 1Tr?Y
2 0 9 9 J; j,* F,a z i
v:
JUN 26 2009y ?
JOHN DAVID SHOENFELT, IN THE COURT OF COMMON PLEAS
PLAINTIFF : OF CUMBERLAND COUNTY,
: PENNSYLVANIA
VS. NO. 06-6994 CIVIL TERM
CAROL A. -SHOENFELT, CIVIL ACTION - LAW
DEFENDANT : ACTION FOR DIVORCE
John David Shoen*k, moves the court to appoint a master with respect to the following claims:
(X) Divorce (X) 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 for which the appointment of a master is requested;
2. The Defendant has appeared in the action by her attorney, Kathy Shughart, Esquire;
3. The statutory grounds for the divorce are 3301(c) of the Divorce Code;
4. The action is contested with respect to the following claims: Distribution of property;
5. The action does not involve complex issues of law or fact; and
6. The hearing is expected to take one-half (1/2) day.
7. Additional Information: Defendant, has voluntarily left the marriage on several occasions,
taking all of her property and finances with her each time she left, the result is the Defendant has
been absent from the marriage more than spas been pretgn6m the i ^
Dated: June , 2009
usan Kay Can E i
Counsel for Pl
PA I.D. # 6499
4010 Glen
Mechanicsburg PA 17055
(717) 724-2278
ORDER APPOINTING MASTER
AND NOW, this day of , 2009, after consideration of the
atto Motion fotment o , it is hereby Ordered and Directed that
Esquire is appointed master with respect to the following
claims: 2d
By the ourt:
J.
pit y ? i
??, t. ;.
",-
lit
JOHN DAVID SHOENFELT,
Plaintiff
V.
CAROL A. SHOENFELT,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 06-6994 CIVIL TERM
Civil Action - Law
Divorce
INVENTORY OF CAROL A. SHOENFELT
Defendant files the following inventory of all property owned or possessed by either
party at the time this action was commenced and all property transferred within the preceding
three years.
Defendant verifies that the statements made in this inventory are true and correct.
Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unworn falsification to authorities.
Date: '7- / /o - 0
Carol A. Shoenfelt, Defendant
J
ASSETS OF PARTIES
Plaintiff marks on the list below those items applicable to the case at bar and itemizes the
assets on the following pages.
(X) 1. Real property
(X) 2. Motor vehicles
( ) 3. Stocks, bonds, securities and options
(X) 4. Certificates of deposit
(X) 5. Checking accounts, cash
(X) 6. Savings accounts, money market and savings certificates
( ) 7. Contents of safe deposit boxes
( ) 8. Trusts
(X) 9. Life insurance policies (indicate face value, cash surrender value and current
beneficiaries)
(X) 10. Annuities
( ) 11. Gifts
( ) 12. Inheritances
( ) 13. Patents, copyrights, inventions, royalties
( ) 14. Personal property outside the home
( ) 15. Business (list all owners, including percentage ownership, and officer/director
positions held by a party with company)
( ) 16. Employment termination benefits - severance pay, worker's compensation
claim/award
( ) 17. Profit sharing plans
( ) 18. Pension plans (indicate employee contributions 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
( ) 25. Household furnishings and personalty (include as a total category and attach
itemized list if distribution of assets is in dispute)
( ) 26. Other
MARITAL PROPERTY
Plaintiff lists all marital property in which either or both spouses have a legal or equitable
interest individually or with any other person as of the date this action was commenced:
Item Description of Property Names of Value
Number All Owners
1. 401 W, Elmwood Avenue Husband increase in value
Mechanicsburg, PA during marriage
2. Vero Beach, FL timeshare Husband & Wife TBD
3. Criss Craft boat 34' Husband & Wife TBD
4. 2001 Ford Focus SE Wife TBD
5. Delta Dental retirement Wife TBD
currently included in Prudential
Investments account which also
contains pre-marital retirement funds
6. Nationwide Life Insurance Wife marital portion
TBD
7. Belco checking account Wife & son, James Gale TBD
8. Belco saving account Wife & son, James Gale TBD
9. Wachovia checking account Husband & Wife TBD
10. Wachovia checking account Husband TBD
11. Wachovia saving account Husband TBD
12. 2003 Chevrolet Avalanche Husband TBD
13. RRCU CD Husband TBD
14. Wells Fargo Husband TBD
15. Hartford Annuity Husband TBD
16. Blue Chip Credit Union Husband TBD
17. Prudential Securities IRA Husband TBD
18. Prudential Investors Fund Husband TBD
19. Bankers Life & Casualty Fund Husband TBD
20. Wells Fargo Investment Fund Husband TBD
NON- MARITAL PROPERTY
Plaintiff lists all property in which a spouse has a legal or equitable interest which is
claimed to excluded from marital property:
Item Description of Property Reason for
Number Exclusion
1. 401 W, Elmwood Avenue pre-marital value
Mechanicsburg, PA excluded
pre-marital value of home
owned by Husband
2. Wife's Pinnacle Health System pre-marital
Retirement
3. Wife's Prudential IRA pre-marital
4. Wife's Prudential Annuity pre-marital
5. Wife's diamond engagement ring pre-marital
6. Wife's Nationwide Life Insurance pre-marital portion
PROPERTY TRANSFERRED
Item
Number
NONE
Description Date of Consideration
of Pronerty Transfer
Person
to whom
Transferred
Item
Nub
NOr1E
iu
i?
ti
Description of
Pro e
Llpg-ILIT?S
I,1e of all
c
Names of all
Debtors
OF THIE 'IITAIPY
2039 Jv . 27 Pli 9. 42
JOHN DAVID SHOENFELT,
Plaintiff
V.
CAROL A. SHOENFELT,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 06-6994 CIVIL TERM
Civil Action - Law
Divorce
INCOME AND EXPENSE STATEMENT
OF DEFENDANY, CAROL A. SHOENFELT
Defendant verifies that the statements made in this Income and Expense Statement are
true and correct. Defendant understands that false statements herein are made subject to the
penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities.
Date: 7-/& -07
Carol A. Shoenfelt, Defendant
INCOME:
Employer: Saleh A. Malik, DMD
Address: 525 N. Enola Road, Enola, PA 17025
Type of Work: Dental Assisting, 7'/Z hours a week
Gross Pay Per Pay Period: Bi-weekly, $159.00
Itemized Payroll Deduction:
Federal Withholding $ 6.00
Social Security 12.20
Local Wage Tax 2.55
State Income Tax 4.89
NET PAY PER PAY PERIOD: Bi-weekly $133.86
OTHER INCOME: Week
Interest
(checking) Pension
1,029.36
Social Security
Railroad Retirement
TOTAL
EXPENSES:
Home
Mortgage/rent
Utilities
Electric
Telephone
Taxes
Personal
Income
Insurance
Homeowners
Automobile
Life
Health
Month Year
$ 9.08 $ 109.47
85.78
1212.10 13,752.00
684.50 8,214.00
$ $1,991.36
Weekly Monthly Yearly
$ 660.00 $7,920.00
125.00 1,500.00
41.00 492.00
10.00
1,500.00
65.00
450.00
148.68
2,427.80
EXPENSES (CONT.) Weekly Monthly Yearly
Automobile
Fuel 120.00
Repairs 225.00
Medical
Doctor 435.00
Dentist 60.00
Medicine 7.50 91.92
Personal
Food 240.00 2,880.00
Barber/hairdresser 87.00 1,045.00
Memberships 25.00
Miscellaneous
Papers/books/magazines 5.00 20.00 240.00
Entertainment 30.00 120.00 1,440.00
Pay TV 9.71 116.52
Vacation 2,700.00
Gifts 900.00
Legal fees 1,000.00
Charitable contributions 550.00
Other
Glasses 200.00
TOTAL EXPENSES
,... r.-T
14
C.
C??Jt ,ttt?4?
°b -~'9~~
MARITAL PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT is entered into this o~o~, day of ~(,«Q , 2010, by and
between JOHN DAVID SHOENFELT and CAROL A. SHOENFELT. ~-
RECITALS
Wife's Birthday and Social Security Number: July 11, 1940 xxx-xx-~.~
Husband's Birthday and Social Security Number: Apri14, 1943 xxx-xx-1148
Date of Marriage:
Place of Marriage:
October 25, 1995
Pennsylvania
Last Marital Residence: 401 West Elmwood Avenue, Mechanicsburg, Cumberland County, PA,
17055
Date of Separation: October, 2006 ~ ~ `
Children: None T ' ~ i
~ _._ - --
Pending Court Proceedings: None ~
~~
Divorce Court of Common Pleas 2006-6994 - '~ "~ ~~
of Cumberland County, Pennsylvania ~' d ;
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between
the parties and it is the intention of Wife and Husband to live separate and apart for the rest of
their natural lives, and the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other including, without limitation:
the ownership and equitable distribution of marital property; the past, present and future support,
and/or maintenance of Wife by Husband; and, in general, any and all claims and possible claims
by one against the other or against their respective estates.
NOW, THEREFORE, in consideration of the premises and of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable consideration,
receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each
intending to be legally bound hereby, covenant and agree as follows:
PERSONAL RIGHTS
Wife and Husband may and shall, at all times hereafter, live separate and apart. They
shall be free from any contact, restraint, interference or authority, direct or indirect, by the other.
in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit,
conduct, carry on and engage in any business, occupation, profession or employment which to
him or her may seem advisable. Wife and Husband 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 whatsoever with him or her.
WAIVER OF RIGHTS AND MUTUAL RELEASES
Except as otherwise expressly provided by this Agreement:
(a) 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 may have or at any time hereafter have 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 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, agreements and obligations of whatsoever nature arising or which may
arise under this Agreement or for the breach of any provision thereof. Neither ,party shall have
any obligation to the other not expressly set forth herein.
(b) 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 or otherwise, 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, curtesy, widow'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. It is expressly understood, however, that neither the provisions of this release nor the
subsequent entry of a divorce decree are intended to defeat the right of either party to receive any
insurance proceeds at the death of the other of which she or he is the named beneficiary (whether
the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the
right of either party to receive any legacy, bequest or residuary portion of the other's estate under
his or her will, or to act as personal representative or executor if so named by the will of the
other, whether such will was executed prior or subsequent to this Agreement.
(c) Except for any cause of action for divorce which either party may have or claim to
have, and 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
2
demands whatsoever, in law or in equity, which either party ever had or now has against the
other.
FINANCIAL DISCLOSURE
The parties have disclosed to each other and they are each aware of the extent of each
other's income, assets, liabilities, holdings and estate.
AGREEMENT TO BE INCORPORATED
BUT NOT MERGED INTO DIVORCE DECREE
In the event that either of the parties shall recover a final judgment or decree of absolute
divorce against the other in a court of competent jurisdiction, the provisions of this Agreement
may be incorporated by reference or in substance but shall not be deemed merged into such
judgment or decree. This agreement shall survive any such final judgment or decree of absolute
divorce, shall be entirely independent thereof, and the parties intend that all obligations
contained herein shall retain their contractual nature in any enforcement proceedings, whether
enforcement is sought in an action on the contract itself or in any enforcement action filed to the
divorce caption.
EFFECT OF DIVORCE DECREE ON AGREEMENT
Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce
Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding
equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be
subject to modification by the court.
Concurrently with the execution of this Agreement, the parties shall sign Affidavits of
Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Wife
shall be responsible for filing these documents and finalizing the divorce.
DATE OF EXECUTION
The "date of execution" or "execution date" of this Agreement shall be defined as the date
upon which it is executed by the parties if they have each executed the Agreement on the same
date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined
as the date of execution by the party last executing this Agreement.
ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully explained to the
parties by their respective counsel, Susan Kay Candiello, Esquire, for Husband and Kathy M.
Shughart, Esquire, for Wife. The parties acknowledge that each has received independent legal
advice from counsel of their selection and that they have been fully informed as to their legal
rights and obligations, including all rights available to them under the Pennsylvania Divorce
Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully
understands the terms, conditions and provisions of this Agreement and believes them to be fair,
just, adequate and reasonable under the existing circumstances.
VOLUNTARY EXECUTION
Each party understands the terms and conditions of this Agreement and acknowledges
that the Agreement is fair and equitable. The parties have reached this Agreement freely and
voluntarily, without any duress, undue influence, collusion or improper or illegal agreements.
WAIVER OR MODIFICATION TO BE IN WRITING
No modification or waiver of any of the terms hereof shall be valid unless in writing and
signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a
waiver of any subsequent default of the same or similar nature. Notwithstanding this provision,
under applicable Pennsylvania law, the parties understand that any provision of this Agreement
relating to child support or to custody shall be subject to modification by the Court upon a
showing of changed circumstances.
LAW OF PENNSYLVANIA APPLICABLE
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
AGREEMENT BINDING ON HEIRS
Except as may otherwise be provided, this Agreement shall be binding and shall inure to
the benefit of the parties hereto and their respective heirs, executors, administrators, .successors
and assigns.
INTEGRATION
This Agreement constitutes the entire understanding of the parties and supersedes any
and all prior agreements and negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
ADDITIONAL INSTRUMENTS
Wife and Husband covenant and agree that they will forthwith (and within at most thirty
(30) days after demand therefore) execute any and all written instruments, assignments, releases,
satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper
effectuation of this Agreement.
4
.,.:i
NO WAIVER OF DEFAULT
This Agreement shall remain in full force and effect unless and until terminated under
and pursuant to the terms of this Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall in no way affect the right of such
party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be
construed as a waiver of any subsequent default of the same or similar nature, nor shall the
waiver of any breach of any provision hereof be construed as a waiver of stria performance of
any other obligations herein.
SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS
The parties agree that each separate obligation contained in this Agreement shall be
deemed to be a separate and independent covenant and agreement. If any term, condition, clause
or provision of this Agreement shall be determined or declared to be void or invalid in law or
otherwise, then only that term, condition, clause or provision shall be stricken from this
Agreement and in all other respects this Agreement shall be valid and continue in full force,
effect and operation. Likewise, the failure of any party to meet her or his obligations under any
one or more of the paragraphs herein, with the exception of the satisfaction of any conditions
precedent, shall in no way avoid or alter the remaining obligations of the parties.
MANNER OF GIVING NOTICE
Any notice required by this Agreement to be sent to Husband shall be sent by certified
mail, return receipt requested, to Susan Kay Candiello, Esquire, at the Law Firm of Susan Kay
Candiello, P.C., 4010 Glenfinnan Place, Mechanicsburg, Pennsylvania 17055, or such other
address as Husband from time to time may designate in writing.
Any notice required by this Agreement to be sent to Wife shall be sent by certified mail,
return receipt requested, to Kathy M. Shughart, Esquire, 27 South Arlene Street, P.O. Box 6315,
Harrisburg, Pennsylvania, 17112-0315, or such other address as Wife from time to time may
designate in writing.
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.
BANKRUPTCY OR REORGANIZATION PROCEEDINGS
In the event that either party becomes a debtor in any bankruptcy or financial
reorganization proceedings of any kind while any obligations remain to be performed by that
party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor
spouse hereby waives, releases and relinquishes any right to claim any exemption (whether
granted under state or federal law) to any property remaining in the debtor as a defense to any
claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns,
transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property
sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys'
fees and costs incurred in the enforcement of this Paragraph or any other provision of this
Agreement. No obligation created by this Agreement shall be discharged or dischargeable,
regardless of federal or state law to the contrary, and each party waives any and all right to assert
that any obligation hereunder is discharged or dischargeable.
EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT
This Agreement shall remain in full force and effect even if the parties reconcile, cohabit
as husband and wife, or attempt reconciliation. This Agreement shall continue in full force and
effect and there shall be no modification or waiver of any of the terms hereof unless the parties,
in writing, signed by both parties, execute a statement declaring this Agreement or any term of
this Agreement to be null and void.
EXISTING AND FUTURE PERSONAL OBLIGATIONS
Further, Wife and Husband each covenant, warrant, represent and agree that neither has
heretofore contracted for any debt, liability or obligation for which the other or the estate of the
other may be responsible or liable except as specifically disclosed and provided for by the terms
of this Agreement. The parties further covenant, warrant, represent and agree that each will now
and at all times hereafter save harmless and indemnify the other and the estate of the other from
all debts, charges and liabilities incurred after the execution date hereof, except as may be
otherwise specifically provided herein, as well as from all debts, liabilities or obligations of
every kind which have been incurred heretofore by either party, including those for necessities,
except for obligations arising out of this Agreement.
ENFORCEMENT
The parties intend that this Agreement shall be subject to enforcement under the
Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein
that may be construed to the contrary, this Agreement is not subject to modification except under
such terms as the parties have specifically provided for in this Agreement.
REMEDIES AND SANCTIONS
In addition to such other remedies and sanctions available under applicable law, the
parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as
amended, to enforce any term of this Agreement as though it had been an order of the Court.
6
ATTORNEY'S FEES FOR ENFORCEMENT
In the event that either party breaches any provision of this Agreement and the other
party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the
breaching party will pay all attorney's fees incurred by the other party in enforcing the
Agreement, provided that the enforcing party is successful in establishing that a breach has
occurred.
EQUITABLE DISTRIBUTION
1. PERSONAL PROPERTY
Husband and Wife do hereby acknowledge that they have previously divided their
tangible personal property including, but without limitation, jewelry, clothes, furniture,
furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and
other personal property; and hereafter Wife agrees that all of the property in the possession of
Husband shall be the sole and sepazate property of Husband; and Husband agrees that all of the
property in the possession of Wife shall be the sole and separate property of Wife. The parties do
hereby specifically waive, release, renounce and forever abandon any claims, which either may
have with respect to the above items, which shall hereafter be the sole and exclusive property of
the other.
2. MOTOR VEHICLES
With respect to the motor vehicles owned by one or both of the parties, they agree as
follows:
A. The 2003 Chevrolet Avalanche titled in Husband's name alone. There is no loan on
this vehicle. Wife shall waive all right, title and interest she may have in this vehicle. Husband
agrees to be solely responsible for all loan payments, insurance, loans, and all other expenses
associated with this vehicle.
B. The 2001 Ford Focus titled in Wife's name alone. There is no loan on this vehicle.
Husband shall waive all right, title and interest he may have in this vehicle. Wife agrees to be
solely responsible for all loan payments, insurance, loans, and all other expenses associated with
this vehicle.
C. The 1990 Chris Craft boat, titled in Husband's name alone. There is no loan on this
boat. Wife shall waive all right, title and interest she may have in this boat. Husband agrees to be
solely responsible for all loan payments, insurance, loans, and all other expenses associated with
this boat.
D. The parties agree to execute any documents necessary to effectuate the provisions of
this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as
necessary to make any conveyances on a tax-free basis if possible. The said documents shall be
delivered to the party entitled to receive same pursuant hereto on execution date.
F. In the event that any documents of title to the said vehicles shall be in the hands of a
bank or other holder of a lien or encumbrance upon either of the said vehicles, and it is intended
that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they
will advise the bank and/or lien holder as to the transfer of title and they further agree to execute
whatever documents may be required to transfer title where the parties' documents of title are in
the hands of such bank and/or lien holder.
3. BANK ACCOUNTS
The parties had joint checking account with Blue Chip Federal Credit Union. Wife will
execute any and all documents to remove her name from this account. This account shall be
solely in Husband's name. Husband shall retain any monies in this account. Wife agrees to
waive all right, title and interest in this account.
Wife has a checking and savings account with Belco Credit Union. Husband agrees to
waive all right, title and interest in these accounts.
Husband has a checking and savings account with Wachovia. Wife agrees to waive all
right, title and interest in these accounts.
The parties agree that they will execute any documents necessary to effectuate the
provisions of this Paragraph on execution date.
4. LIFE INSURANCE
Husband has no life insurance.
Wife has whole life insurance with Nationwide Life Insurance. Wife has made her
children the beneficiaries of this policy. Husband waives all right, title and interest in this life
insurance policy.
Wife has term life insurance with CUNA Mutual Insurance. Wife has made her children
the beneficiaries of this policy. Husband waives all right, title and interest in this life insurance
policy.
5. RETIREMENT INTEREST
Husband Husband has an annuity with Bankers Life and Casualty Company. Wife
hereby agrees to specifically release and waive any and all interest, claim or right she may have
in Husband's annuity with Bankers Life and Casualty Company.
Husband Husband has an annuity with The Hartford. Wife hereby agrees to
specifically release and waive any and all interest, claim or right she may have in Husband's
annuity with The Hartford.
Husband Husband has a traditional IRA with Wachovia Securities. Wife hereby
agrees to specifically release and waive any and all interest, claim or right she may have in
Husband's traditional IRA with Wachovia Securities.
Husband Husband has a mutual funds account with Prudential. Wife hereby agrees
to specifically release and waive any and all interest, claim or right she may have in Husband's
mutual funds account with Prudential.
Husband Husband has a Roth IRA with Prudential. Wife hereby agrees to
specifically release and waive any and all interest, claim or right she may have in Husband's
Roth IRA with Prudential.
Wife Wife has an IRA with Prudential. Husband hereby agrees to specifically release
and waive any and all interest, claim or right he may have in Wife's IRA with Prudential.
Wife Wife has an annuity with Prudential. Husband hereby agrees to specifically
release and waive any and all interest, claim or right he may have in Wife's annuity with
Prudential.
Wife Wife currently receives income from Husband's Railroad Pension through her
status as the wife of Mr: Shoenfelt. Wife realizes she will no longer receive those retirement
payments when the divorce is final. Husband shall notify the Railroad Pension that Husband and
Wife are divorce and Wife is no longer entitled to any benefits through the Husband's Railroad
Pension.
Wife Wife has a retirement in pay status with Pinnacle Health Systems, Inc. Pension.
Wife receives approximately Eighty-Five Dollars and Fifty Cents ($85.50) monthly from this
retirement plan. If Wife should die prior to Husband, Husband shall be the beneficiary of this
retirement plan. Husband agrees if he is the beneficiary of Wife's retirement income Husband
will give the sum of money he receives from Wife's retirement from Pinnacle Health Systems,
Inc. to Mt. Zion UM Church, located at 4685 Mt. Zion Drive, Enola, PA.
7. MARITAL RESIDENCE /MARITAL PROPERTY
Marital Residence Husband owned prior to and during the marriage the residence
located at 401 West Elmwood Avenue, Mechanicsburg, Cumberland County,. Pennsylvania,
9
17055. The parties have agreed Husband shall keep the marital residence. There is no mortgage
on the residence. The parties have agreed Wife shall not receive any equity from Husband's
residence.
8. TIME SHARE
The parties jointly own a time share with Reef Ocean Resort, located at Vero Beach,
Florida. Wife has agreed she will sign the title to this time share over to Husband, at the time of
the execution of this Agreement. Wife agrees to specifically release and waive any and all
interest, claim or right she may have in the time share. Husband shall then be responsible for all
loan payments, insurance, loans, and all other expenses associated with this time share.
9. ONE TIME PAYMENT TO WIFE
The parties have agreed Husband shall pay to Wife the sum of Eight Thousand Dollars
and No Cents ($8,000.00) as a final payment of any and all equity or interest Wife may have in
all marital property. This payment shall be sent to Wife's counsel when Wife has signed all
documents to transfer the Reef Ocean Resort Time Share to Husband and all documents to
remove her name from the Blue Chip Federal Credit Union accounts.
10. JOINT DEBTS AND LIABILITIES
The parties have no joint debts incurred during the marriage and unsatisfied at the time of
the execution of this Agreement.
Each party warrants to the other that he/she does not have any credit cards in joint names.
Any obligations incurred by either party in his or her individual name, whether incurred before
or after the parties' separation, and including credit cards, are the sole responsibility of the party
in whose name the debt or obligation was incurred.
11. SEPARATE ASSETS
A. Release: The parties hereby agree that as to each of their separate assets, as that term
is defined .herein, the party not having title to or possession of any particular separate asset
hereby waives, releases, relinquishes and forever abandons any and all claim therein, and
acknowledges that hereafter the party having title to or possession of a separate asset is the sole
and exclusive owner thereof.
B. Limitation to Assets Disclosed: The above release is subject to the proviso that it shall
be effective only as to those assets disclosed to the other party, although such assets need not be
specifically named or disposed of in this Agreement. Neither party intends by the execution
hereof to release any claim, which he or she may have in assets, which have not been disclosed.
10
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C. Definition: The term "separate asset" is defined for purposes of this Agreement as
designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which
is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto
and a third party or parties. The term also includes any untitled asset which is presently in the
sole possession of one of the parties hereto. The term shall further include any business interests
owned by either party, whether individually or together with a third parry or parties.
D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify
and hold the other harmless from any liability, cost or expense, including attorneys' fees and
interest, which either may be in the future or has been previously incurred with respect to the
parties' separate assets as defined herein.
12. AFTER-ACQUIRED PROPERTY
Each of the parties shall hereafter own and enjoy, independently of any claim or right of
the other, all items of property, be they real, personal or mixed, tangible or intangible, which are
acquired by him or her after execution of this Agreement, with full power in him or her to
dispose of the same as fully and effectively, in all respects and for all purposes, as though he or
she were unmarried.
13. RELEASE OF SUPPORT AND ALIMONY /
ACKNOWLEDGMENT OF ADEQUACY
The parties herein acknowledge that by this Agreement they have each respectively
secured sufficient financial resources to provide for his or her own comfort, maintenance and
support. The parties do hereby acknowledge that inflation may increase or decrease, that their
respective incomes and assets may substantially increase in value, that either may be employed
at various times in the future, and that notwithstanding these or other economic circumstances,
which may be changes in circumstances of a substantial and continuing nature, the terms of this
Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the
parties hereby expressly waive, discharge and release any and all rights and claims which they
may now or hereafter have, by reason of the parties' mamage, to alimony, alimony pendente lite,
support or maintenance, and they further release any rights they may have to seek modification
of the terms of this Agreement 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. It shall be, from the execution date of this Agreement, the
sole responsibility of each of the respective parties to sustain themselves without seeking any
support from the other party.
14. INCOME TAX RETURNS
Husband and Wife have filed joint income tax returns while married. If the parties are
entitled to a refund and/or incur any liability as a result of joint income tax returns filed during
the parties' marriage, the refund and/or the liability shall be equally divided between them. The
11
cost of preparing and handling any prior income tax return from the parties' married years shall
be shared equally between them. Husband and Wife agree to promptly make available to each
other all records and information necessary or helpful for the preparation of any tax returns, any
claim for refunds, and defense of any tax audit.
15. COUNSEL FEES AND EXPENSES
Husband and Wife agree to be responsible for all their individual counsel fees and
expenses incurred in connection with the parties' marital dissolution.
Each of the parties has carefully read and fully considered this Agreement and all of
the statements, terms, conditions and provisions thereof prior to signing below.
IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto
have set their hands and seals the day and year first written above.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
s~~~,.
CAROL A. SHOENFELT
WIFE
JOHN DAVID SHOENFELT
HUSBAND
SS:
On this, the end day of ~~~e , 2010, before me, a Notary Public
for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared CAROL
A. SHOENFELT known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Marital Property Settlement Agreement, and acknowledged that she
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have set my hand and notarial seal.
Notary Public
My Commission Expires:
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MNbMANO~ry PNNa
12 wdon Twp.. DMA ~a~1r
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
On this, the ~~ day of , 2010, before me, a Notary Public, the
undersigned officer, personally appeared SUSAN KAY CANDIELLO, known to me (or
satisfactorily proven) to be a member of the bar of the highest court of said State and a
subscribing witness to the within instrument, and certified that she was personally present when
JOHN DAVID SHOENFELT, whose name is subscribed to the within Marital Property
Settlement Agreement, executed the same, and that said person acknowledged that she executed
the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official Seal.
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My Commission xpires:
13
JOHN DAVID SHOENFELT, IN THE COURT OF COMMON PLEAS
PLAINTIFF OF CUMBERLAND COUNTY,
:PENNSYLVANIA
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vs. NO. 06-6994 CIVIL TERM -~ ~ -TM l-±
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CAROL A. SHOENFELT, :CIVIL ACTION -LAW ~ ` 1 = ~ --
DEFENDANT :ACTION FOR DIVORCE = ~ ~ _,.
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AFFIDAVIT OF CONSENT ~~~ o .~_
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
December 6, 2006.
2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of filing the Complaint.
3. I consent to the entry of a final Decree in Divorce, after the service of notice of
intention to request entry of the decree.
4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution
of marital property, counsel fees or expenses has not been filed with the Court before the entry of
a final Decree in Divorce, the right to claim any of them will be lost.
5. I have been advised of the availability of marriage counseling, and understand that I
may request that the Court require that my spouse and I participate in counseling. I further
understand that the Court maintains a list of marriage counselors in the Prothonotary's Office,
which list is available to me upon request. Being so advised, I do not request that the Court
require that my spouse and I participate in counseling prior to a divorce decree being handed
down by the Court.
I verify that the Statements in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
/~
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DATE CAROL A. SHOENFELT
JOHN DAVID SHOENFELT, IN THE COURT OF COMMON PLEAS
PLAINTIFF OF CUMBERLAND COUNTY,
:PENNSYLVANIA
vs. NO. 06-6994 CIVIL TERM
CAROL A. SHOENFELT, ~,
CIVIL ACTION -LAW ~~ C~ =ri
DEFENDANT :ACTION FOR DIVORCE , ~ ~ ~ =' T
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AFFIDAVIT OF CONSENT : ,-
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1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was fil~d~rx-.
December 6, 2006.
2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of filing the Complaint.
3. I consent to the entry of a final Decree in Divorce, after the service of notice of
intention to request entry of the decree.
4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution
of marital property, counsel fees or expenses has not been filed with the Court before the entry of
a final Decree in Divorce, the right to claim any of them will be lost.
5. I have been advised of the availability of marriage counseling, and understand that I
may request that the Court require that my spouse and I participate in counseling. I further
understand that the Court maintains a list of marriage counselors in the Prothonotary's Office,
which list is available to me upon request. Being so advised, I do not request that the Court
require that my spouse and I participate in counseling prior to a divorce decree being handed
down by the Court.
I verify that the Statements in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
rj ~% /~
DAT JOHN DAVID HOENFE T
JOHN DAVID SHOENFELT,
PLAINTIFF
vs.
CAROL A. SHOENFELT,
DEFENDANT
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2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating ~o
unsworn falsification to authorities.
DATE
:~~P~
CAROL A. SHOENFELT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 06-6994 CIVIL TERM
. ~..~ N
C:~
CIVIL ACTION -LAW ~`
ACTION FOR DIVORCE ~;' ~ t~ ~=
1. I consent to the entry of a final decree of divorce without notice.
JOHN DAVID SHOENFELT,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
n
~~
vs. : NO. 06-6994 CIVIL TERM ~~ ~ =°
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CAROL A. SHOENFELT, :CIVIL ACTION -LAW
DEFENDANT :ACTION FOR DIVORCE -
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A-`=~
DIVORCE DECREE UNDER SECTION 3301(c) OF DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
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2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
~~
DAT JOHN DAVID SHOENFELT
JOHN DAVID SHOENFELT,
Plaintiff
vs. .
CAROL A. SHOENFELT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06 - 6994 CIVIL
IN DIVORCE
ORDER OF COURT
AND NOW, this ~ ~~ day of l~l.~l C, ,
2010, the economic claims raised in the proceedings having been
resolved in accordance with a marital property settlement
agreement dated June 22, 2010, 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,
cc: ~/ Susan Ka Candiello
Y
Attorney for Plaintiff
~ Kathy M. Shughart
Attorney for Defendant
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Kevi Hess, P.J.
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