HomeMy WebLinkAbout96-02148
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF ;~~~~
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PENNA.
KEITH L. SHERIFF,
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Plaintiff
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SANDRA K. SHERIFF,
Defendant
AND NOW. . ' ,
DECREE IN
, DIVORCE
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it is ordered and
, , , , , , " plaintiff.
, , defendant.
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decreed that, "K,eithL, Sheriff
and" '
",' Sandra K.. Sheriff
are divorced from the bonds of matrimony,
The court retains jurisdiction of the following claims which have
been raised of record in this action for which 0 final order has not yet
been entered; ;. )Olr Q.
Property Settlefllent and Separation Agreement between the
, . . . . . ,
8/14/97
parties dated
shall be incorporated herein.
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PROPERTY SETTLEMENT AND SEPARATION AGREEMENT
THIS AGREEMENT made this Jl.fn day ofAua/..1(l ,1997
between Keith L. Sheriff, of Cumberland County, Pennsylvania,
hereinafter referred to as husband,
A
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Sandra K. Sheriff, of CUhlberland County, Pennsylvaniar
hereinafter referred to as Wife.
WITNESSETH:
WHEREAS, in consequence of disputes and unhappy
differenees, the parties have been living separate and apart
from each other as of April 14, 1996.
WHEREAS, the parties desire to confirm their separation
and make arrangements therewith, the division of their marital
property and other rights and obligations growing out of their
marriage.
NOW THEREFORE, in consideration of the covenants and
promises hereinafter to be mutually kept and performed by each
party, as well as for other good and valuable consideration and
intending to be legally bound i~ is agreed as follows:
(1) It shall be lawful for each party at all times
hereafter to live separate and apart from the other party at
such place or places as he or she from time to time may choose
or deem fit.
(2) Except as herein otherwise provided, each party
hereby releases the other from any and all claims, or demands
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up to the date of execution hereof.
(3) The parties are the owners of eertain roal estate
with improvements thereon erected known and numbered as 6
Mountain View Drive, Mount Holly Springs, Cumberland County,
Pennsylvania.
Husband agrees contemporaneously with the signing of this
Agreement to convey the real estate with improvements thereon
ereeted known as 6 Mountain View Drive, Mount Holly Springs,
Cumberland County, Pennsylvania by special warranty deed. Wife
shall assume full responsibility for all household expenses
including, but not limited to, mortgage to Peoples Heritage
Bank, utility bills, insuranee and real estate taxes in
connection with said property. With regard to all such
expenses, wife agrees to hold husband harmless and indemnify
him from any loss thereon.
Wife hereby agrees to either refinance the existing
mortgage on the premise, or sell the premise, on or before
December 31, 1997, for the purpose of removing husband's name
from the outstanding mortgage obligation.
(4) In the event that either party contract~d or incurred
any debts since the date of separation in April l4, 1996, the
party who incurred said debt shall be responsible for the
payment thereof regardless of the name in which the account may
have been charged.
Husband and Wife acknowledge and agree that they have no
other outstanding joint debts and obligations of the Husband
and Wife incurred prior to the signing of this Agreement.
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(5) Each party relinquishes any right, title and interest
he or she may have to any and all motor vehicles currently in
possession of the other party. Each party shall execute any
doeuments necessary to have said vehicles properly registered
in the otker party's name with the Pennsylvania Department of
Transportation. Each party shall assume full responsibility of
any encumbrance on the motor vehicle received by said party,
and shall hold harmless and indemnify the other party from any
loss thereon.
(6) The parties hereto mutually agree that they have
effected a satisfactory division of the furniture, household
furnishings, appliances, tools and other household personal
property between them, and they mutually agree that each party
shall from and after the date hereof be the sole and separate
owner of all such property presently in his or her possession
whether said property was heretofore owned jointly or
individually by the parties hereto. This agreement shall have
the effect of an assignment or bill of sale from each party to
the other for such property as may be in the individual
possession of each of the parties herein.
(7) Each party hereby relinquishes any right, title or
interest he or she may have. wIfe specifically waives any
interest she may have in the checking account as owned by
husband. Husband agrees to relinquish any interest he may have
on the 1995 income tax refund received by wife.
(8) Except as otherwise provided herein, Husband shall not
pay to Wife nor wife to Husband any sum whatsoever as alimony,
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alimony pendente lite, or for his or her support or
maintenance.
(9) Wife is represented by Johnna J. Deily of Saidis,
Guido, Shuff' Hasland and husband is represented by William C.
Vohs of H&nft & Vohs. Each party shall pay his or her own
attorney for all legal services rendered or to be rendered on
his or her behalf.
(10) Neither party shall eontract or ineur any debt or
liability for whieh the other party or his or her property or
estate might be responsible and shall indemnify and save the
other party harmless form any and all claims or demands made
against him or her by reason of debts or obligations ineurred
by the other party.
(11) Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the
other party any and all further instruments that may be
reasonably required to give full force and effect to the
provision of this Agreement.
(l2) The parties hereto agree that in the event of their
reconciliation the provisions of this Agreement, excluding the
provisions for support, will continue in full force and effect.
For the purposes of the Oivorce.Code the parties agree that the
distribution of marital property provided for herein will be
deemed binding and will be considered as property exeluded from
equitable distribution by valid agreement entered into during
the marriage.
(13) The parties do hereby warrant, represent,
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acknowledge and agree that eaeh is fully and completely
informed of, and is familiar with, the wealth, real and
personal property, estate and assets, earning and income of the
other and that eaeh has made a full and complete disclosure to
the other,of his and her entire assets and liabilities and any
further enumeration or statement thereof in this Agreement is
specifieally waived.
(14) Husband and Wife aeknowledge that each of them has
read and understand his and her rights and responsibilities
under this Agreement and that they have exeeuted this Agreement
under no compulsion to do so but as a voluntary act.
(l5) It is further specifically understood and agreed by
and between the parties hereto that each party aceepts the
provisions herein made in lieu of and in f.ull settlement and
satisfaction of any and all of said party's rights against the
other for past, present and future elaims on account of
support, maintenance, alimony, alimony pendente lite, counsel
fees, costs and expenses, equitable distribution of marital
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property and any other claims of each party, including all
claims which have been raised or may be raised in an action for
divorce.
(16) Except as may be otherwise specifically provided in
this Agreement, Husband and Wife, for themselves, their heirs,
representatives and assigns, each hereby forever releases,
remises, discharges and quitclaims the other, and such other's
heirs, representatives, assigns and estate, from and with
respect to the following:
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A. All liabilitYr elaims, causes of aetion, damages,
costs, contributions, expenses or demands whatsoever in
law or in equity;
B. All rights, title, interest or claims in or to
any ~roperty of the other, whether real, personal or mixed
and whether now owned or hereafter acquired;
c. All rights of curtesy and dower and all claims or
rights in the nature of curtesy and dower;
D. All widow or widower's rights;
E. All rights, title and interest or claims in or to
the other's estate, whether now owned or hereafter
acquiredr including but not limited to all rights or
elaims:
(l) to take against the other's will;
(2) under the laws of intestacy;
(3) to a family exemption or similar allowanee;
and
(4) all other rights or authority to
participate or intervene in a deceased spouse's estate in
any way, whether arising under the laws of Pennsylvania or
any other country, territory, state or political
subdivision,
F. All rights or claims to any accounting;
G. All rights, claims, demands, liabilities and
obligations arising out of or in connection with the
marital relationship or the joint ownership of property,
whether real, personal or mixed;
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H. All rights, claims, demands, liabilities and
obligations arising under the provisions of the
Pennsylvania Divorce Code, Act 26 of 1980, as the same may
be amended from time to time, and under the provisions of
any ~imilar statute enacted by any other country, state,
territcry or political subdivision;
I. All rights, elaims, demands, liabilities and
obligations each party now has, or may hereafter have,
against or with respect to the other.
(17) This Agreement shall be eonstrued under the law of
the Commonwealth of Pennsylvania. If any provision of this
Agreement is determined to be invalid or unenforeeable, all
other provisions shall continue in full force and effect.
(18) In the event that either of the parties shall reeover
a final judgment or decree of absolute divorce against the
other in the eourt of competent jurisdiction, the provisions of
this Agreement may be incorporated by reference or in substanee
but shall not be merged into such judgment or decree and this
Agreement shall survive any such final judgment or decree of
absolute divorce and shall be entirely independent thereof.
(l9) 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, eourt
costs and expenses incurred by the other party in enforeing the
Agreement.
(20) This Agreement constitutes the entire understanding
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'KEITH L. SHERIFF,
Plaintiff
IN TilE COURT 0.' COMMON I'LEAS
CUHDERLAND COUNTY. PENNSYLVANIA
,
:
SANDRA K. S~IFF
Defendant
CIVIL DIVISION
NO.
96-2148
CIVIL TERM
:
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the reeord. together with the following infonftation to
the court for entry of a divorce decree:
1. Gr~und for divorce: irretrievable breakdown under 53301(c)
~lI~ill) of the Divorce Code. (Strike out inapplicable section).
2. Date and manner of service of thi complaint:
Certified mail, Restricted Delivery 4/23 96
J. Complete eitber paragraph (a) o~ (b).
(a) Date of execution of the affidavit
hy SJJOl(c) of the Divorce Code: by plaintiff
llY defendant ~L1.i/97_.__u,___'
(b)(l) Date of execution of
of consent required
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of the Divorce Code:
the affidavit required by
: (7.) Date of filing
53JOl(d)
and
service of the plaintIff'o affidavit upon the r;!spondent:
4. Related claims pending:
none
5. Complete either (a) or (b).
(a) /Jate ,~nd manner of oervice of the notice of intention to
file praecipe to transmit record, a copy of which io attached:
(b) Date plaintiff's
filed with the Prothonotary:
/Jate defendant's
fi led with the I'rothonotax'y:
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Naiver of Not.ice in 5330l(c) D!1/orcc was
8/1'f /'l,
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Naiver of Notice in 5330l(c) Divorce was
8/14/97
,
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At tOl'Oey (or IJlUlUUU;lI (Defendan t )
Johnna J. Deily, EsquIr(!
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KEITH L. SHERIFF,
Plaintiff
v.
CIVIL ACTION - !jAW
IN DIVORCE
SANDRA K. SHERIFF,
Defendant
'16 - ,,)J 'I r (I, ;.. I /f"~
NO.
COMPLAINT IN DIVORCE
AND NOW, this 19th day of April, 1996, comes Pl.lintiff,
Keith L. Sheriff, by and through his attorneys, HANFT & VOHS, and
fil~s the following Complaint in Divorce, and in support thereof
avers as follows:
1, The Plaintiff is Keith L. Sheriff, who currently resides
at 6 Mountain View Drive, Mount Holly Springs, Cumberland County,
pennsyl vani.a.
2. The Defendant is Sandra K. Sheriff, who cu~rently
resides at 6 Mountain View Drive, Mount Holly Springs, Carlisle,
Cumberland County, Pennsylvania.
3. The Plaintiff and Defendant are sui juris, and Plaintiff
has been a bona f ide resident of the Commonwealth of Pennsylvania
for a period of more than six (6) months immediately preceding
the filing of this Complaint in Divorce.
4. The parties were married on May 13, 1995, in Cumberland
County, Pennsylvania.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KEITH L. SHERIFF,
Plaintiff
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CIVIL ACTION - LAW
IN DIVORCE
NO. 96-2148
SANDRA K. SHERIFF,
Defendant
AFPIDAVIT OP CONSENT
1. A complaint in divoreo under section 3301(c) of the
Divoree Code was filed on April 19, 1996.
2. The marriage of the Plaintiff and Defendant is
irretrievably broken and more than ninety (90) days have elapsed
from the date of the filing of the Complaint in Divorce.
3. I consent to the entry of a final decree in divoree
without notice.
4. I understand that I may lose rights eoncerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
5. I understand that the costs of these proceedings will
be paid for by Plaintiff.
6. I understand that I will not be divoreed until a
divorce deeree is entered by the Court and that a eopy of the
decree will be sent to mo 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
subjeet to the penalties of 18 Pa. C. S. Section 490 relating to
unsworn falsifieation to authorities'~J
Dated. ./'1Ct.;:.- fl/, 1<7'7 7 ~
" Keith L.
C~l"~::fI('t)H1UA
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KEITH L. SHERIFF,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 96-2148
SANDRA K. SHERIFF,
Defendant
IN DIVORCE
DEFENDANT'S
AFFIDAVIT OF CONSENT. ACCEPTANCE OF SERVICE AND
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE COQE
1. A Complaint in divorce under Section 3301(c) of the
Divorce Code was filed on April 19, 1996,
2. Defendant acknowledges and accepts service of the
Complaint on April 23, 1996,
3. The marriage of Plaintiff and Defendant is irretrievabl
broken and ninety days have elapsed from the date of the filing
of the Complaint.
4. I consent to the entry of a final decree of divorce
without notice.
5. I understand that r may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not clai
them before a divorce is granted,
6, I understand that I will not be divorced until a divorc
decree is entered by the Court and that a copy of the decree wil
be sent to me immediately after It is filed with the
Prothonotary,
7, I have been advised of the availability of marriage
C'ounselling and understand that I may request that the court
require counselling, I do not request that the court require
counselling,
SAIDIS. GUIDO,
SHUFF '"
MASLAND
26 w, tlilCh Slnel
C",hlller. PA
I verify that the statements made in this affidavit are tru
and correct, I understand that false statements herein are made
subject to the penalties of 18 Pa, C.S. Section 4904 relating t
unsworn falsification to authori~ies, ,
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andra . Sher
Defendant
DATED, (~7 /'1, l'j',,/
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