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Home My WebLink About00-01875 s ~.'" ~ ".~ a ~~ ;<) ~ i i ~- ~.:~;;:'~.".,.::<+:~,;:"~".:,:'~<+::( ~<I'!i 9~: ~.S ~ jl:OS ~ ~~~ ~ ,.... ;..~ ~ ',...; ~ ~.~ ~.~ ~ ! I ,I 01 II i'J u Ii II il H [1 f~ ;'1 " H Ij II t:1 [;1 1,1 !I :'1 i:~ h li~ F~ 1'1 ,il_:. ;'S ~ j ~.~ ~'s ~ ~ ~.~ ~ ~'s ~ ~.; ~ ~'S ~ ;'"S ~ ;..; ~ ~~ ~ ~.~ ::f t ~.~ I ~~ ~ ~.f * !i'l I ~.~ ~ ~' ~ ~ ~ ~.~ ;.~' ~ ~'s ~ ~':~ ~ 1,'1 ~l I~: >1: ,', ,"I :) , ;.i ;i i I ! ~..; ~ ~ t",; " I i '..~ ,1 ,,~--, ~, .:';::.:~: :~~::C":, .~~::c~;:: ~;:c.., ::,;::C(::..:C~::.)>>~~::::.:C{:::~::*;:::~~::C.~: :::.::c!: ::.;::+::.;:: :~::.::.( ;.:+;;< ;.::C.;' :~~::.::.;;: -..>>},: ::';::.X:;~::.::(::~>>::!;';;{'}::.::(':~';3:}t::~::.::~~-:::~::.::~~':~~::C(-:;~::C~~:)>>;!, :,;.;::.::!;;:::,~>>>:j' ~ ,~ ~~~ I n ~ i~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JOHN P. HERD, Versus SHERRI M. HERD, I II II 00 - 1875 CIVIL TERM No. """""""",,," '"'' " " "" " " Plaintiff Defendant DECREE IN DIVORCE Z<rO'C AND NOW,."",., .~~~.,. /.1,..., ~J9C,.,.,., it is ordered and John P. Herd laintiff decreed that .,.",..,.,.",..,....,.""..,."...."."......, p , Sherri M. Herd and, , , . . , , , ' , , . , , , , , ' , , . . . . , , ' , , . , , , , , . , , , . , . , . . , . , , . . . . . . , " defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; The attached Separation and Property Settlement Agreement .......... -.................,............................................., ~,a,t:~c:l. A;p.:t;.j-~, ,41. , 2.0.qq /. ,i,f! . .j-~,c,c>:r;P9,r.a,1;:'?9." :~T:j.~.h.Qv.t:, !l\~:r;g!=,r.,. )l!=.:r:~:\.\l,.. , "" \i!.~.. ~diu ..~m.. '" . ~,~ $~ ~ ~~~-;':;'=~:-:C ~;l: ;~ -, " ~ ::~ ',"""'..;, :- ~"-.....:--- ...... ~- -':-~'-"/~"'- ..~.~ ..FC;;' -'- .~ .. ~', "::-< ~ o;..r ; c ~~W? " - ~;,~ '-,' '" . .:.' '~ :;.-~ ~.- .,- ~,~ '"" -_-:t'.- ~ ~~~~~~~~~~~'_.'~.~~~:~'~~~~~~~ .~~: :..;;. .' _.,- , " ,,' ~ '," ,..s ~ ~,,~ * ~.~ ,..:,; ~ !i'.\l! ;..~ ~ ~ i ~.~ ~.S . ~.; ~ 'I ~~ i ~.~ i f..~ i I. S ~ ~ a ~.~ .",: ~.'~ ~ ~~ ~, ~.~ ~ ~ N ;, '",' ~ ~.~ ~ " :<"" ~ ~..' ~ ~.~ ~ ~~ ~ ~.~ ~ -,', ~ ~.~ ~ ~.~ J. ~ ... ~ ~.~ ~ ~.~ ~ '.' :!j~iiiiblili"" ,- nil" ~Ii ~~ -"- ,- l 'I _~ ~o ~- '-~"" '""'-I c;pj /00 Cud, Cor'/'fl:IJ;,I:~~'-fo! ~ ~~ .u.:>J, oct- Nlut....cC-l-o' ~ . . ;-,'<-;,;,~n~!n~~ ~ ".!.J~JI.L1L. Ll,","~,.. ~^ -- l"-I~-- -'h,''c ",I " ,\~. ..,,-_~, 1--" c. .~_-___~;_, '....~_" . ~, -n ," !Ill .' . JOHN P. HERD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : No. 00 - 1875 - CIVIL TERM : SHERRI M. HERD, Defendant.. : CIVIL ACTION - LAW IN DIVORCE SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this ,~-/l1 day of A fR I L 2000, by and between JOHN P. HERD of Mechanicsburg, Pennsylvania, hereinafter referred to as Husband~ and SHERRI M. HERD of Mechanicsburg, Pennsylvania, hereinafter Cumberland County, referred to as Wife, WITNESSETH THAT: WHEREAS, Husband and Wife were married on September 15, 1991, in Cumberland Co~nty, Pennsylvania~ and WHEREAS, eaoh of the parties are bona fide residents of the Commonwealth of Pennsylvania and have been so for at least the past six months~ and WHEREAS, certain differences have arisen between the parties hereto and, as a consequence, they have ceased living as Husband and Wife since February of 2000~ and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, make an equitable distribution of their marital property, and determine their rights to alimony, support, and all ather matters which may be considered under the Divorce Code~ and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while ,,~T, '" . , they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the" 'division of their jointly owned assets, the " . provisions for the liabilities they owe, and provisions for the resoiution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, and the parties now wish to have that agreement reduced to writing; and WHEREAS, in preparing this Agreement and negotiations contemporaneously therewith, Husband was represented by Matthew J. Eshelman, Esquire, and Wife was not represented by counsel, although she specifically acknowledges having been given the opportunity to obtain independent legal counsel and of the advisability of doing so; and WHEREAS, there are three dependent children to the parties, namely Dakota P. Herd, born September 20, 1988; Ciara C. Herd, born January 17, 1992; and Johnna C. Herd, born August 7, 1996; and, NOW THEREFORE, the parties, in consideration of the mutual promises set forth hereinafter, and for other good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 2 1.- ^ =.., . ARTICLE I - SEPARATION 1.1 SeDaration. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either party of the lawfulness of the causes leading to them living separate and apart. 1.2 Effect of Reconciliation. This Agreement shall not be deemed to have been waived or otherwise affected by a reconciliation, cohabitation, or resumption of marital relations between the parties. The parties shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed, and acknowledged in the same manner as this i I 1 'I '! Agreement. ARTICLE II - DIVORCE 2.1 Divorce Action. This Agreement is not predicated on divorce. Notwithstanding the foregoing, it is, in fact, agreed and acknowledged between the parties that Husband has filed a divorce action against Wife, and that both parties agree, as a condition to 3 -., ,-,' "" .. ,~,- " this agreement, to execute the necessary divorce consents required by Section 3301(c) of the Divorce Code, including the Waiver of Notice of Intent to Transmit Divorce Decree, so as to promptly finalize said action. It is warranted, covenanted, and represented . . by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 Final Resolution. It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, 4 ,~,,' ~ whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce ar separation. 2.3 Incorcoration of Aqreement into Decree. It is specifically agreed that a copy of this Agreement shall be incorporated by reference into any divorce, judgment or decree if or whenever sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. 2 .4 Chanqe of Name. It is specifically agreed that Wife shall change her surname, and will formally change the name of the child, Slater Herd, within three months of the date of this agreement. ARTICLE III - EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 Criteria of Distribution. The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the 5 ~ , ! I, , -, - r ", '. education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited. to medical, retirement, insurance or other . . benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 Satisfaction of Riqhts of Eauitable Distribution. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of parties. 3.3 Relinauishment of Claims. Husband agrees to relinquish all claims to any assets that may be acquired by wife prior to the finalized divorce decree, and Wife agrees to relinquish all claims to any assets that may be acquired by Husband prior to the finalized divorce decree, except as may be otherwise set forth herein. 6 3.4 Personal tv. The parties have agreed between themselves to a division of all household furnishings and personal property which would be considered "marital property" under the Pennsylvania Divorce Code, including any pensions or retirement savings accounts . . or plans. Except as otherwise provided herein, the parties acknowledge and agree that the assets in the possession of the other spouse shall be that spouse's sole and separate property, each party hereto specifically releasing any claim he or she may have with respect to such items. The parties further agree that, as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof hereby releases any claims therein and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 3.5 proDertv to Husband. Husband agrees to relinquish all claims to any assets that may be acquired by Wife prior to the finalized divorce decree, or as may be listed in the following paragraph (3.6), in exchange for the following assets to be transferred to Husband: any Calorad business which is not titled in both parties' names. 3.6 ProDertv to Wife. Wife agrees to relinquish all claims to any assets that may be acquired by Husband prior to the finalized divorce decree, or as may listed in the preceding 7 -;:-, "- >"'-' -, .",,-. paragraph ( 3 . 5 ), in exchange for the following assets to be transferred to Wife: (1) a 1997 Jeep Wrangler, to be transferred inunediately upon execution of this Property Settlement Agreement by the delivery of a. cashier's check, payable to Spankey's, in the . . amount of $12,192.50; and (2) the Calorad business which is currently titled in both parties' names. Husband agrees to execute any documents necessary to effectuate the transfer of the jointly titled Calorad business. 3.7 Retirement. Each parties specifically waives any claim they may have against the retirement of the' other. Each party acknowledges that the other spousal has a retirement plan or account to which the parties may have contributed martial property over the cours.e of the marriage. Each of the parties acknowledges, without the neccessity of an expert valuation, that retirement assets may prove comprise a substantial percentage of the entire martial estate. Nonetheless, each party desires to waive and specially releases any claim they may have as to the retirement assets currently in the possession of the other spouse. Each party further agrees to execute inunediately upon demand any documents as may be required by the retirement plan administator of the other spouse so as to confirm they have waived any claim right or interest thereto. ARTICLE IV - DEBTS OF THE PARTIES 8 I !- " -~ ,- ,- ~, " T'.' " 4.1 Debts. During the course of the marriage, Husband and Wife nave incurred certain bills and obligations and have amassed a variety of debts. It is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills . . were incurred, that, except as otherwise provided herein, both parties are equally responsible for all such jointly titled bills, obligations, and debts. Husband and Wife each agree to hold the other free and harmless from any and all liability which may arise from any outstanding bills, obligations, and debts incurred after the date of separation, and further agree to indemnify and defend the other from any claim regarding same. Both parties agree that, in the future, neither shall cause or permit to be charged to or against the other any purchase which either of them may hereafter make and shall not hereafter create any engagements, debts, or obligations in the name of or against each other. Each party is specifically responsible for bills in their own name. 4.2 Snecific Outstandina Debts of Husband. Husband agrees to accept sole responsibility for, and to hold Wife free and ,harmless from any and all liability which may arise from the following outstanding bills, obligations, and debts and further agrees to indemnify and defend Wife from any claim regarding same: (1) two month's of automobile insurance for the above-referenced Jeep Wrangler, measured from the date of this agreement, and (2) any income tax, federal, state, local or otherwise, for tax periods incurred prior to the date of separation. Husband specifically 9 ,.<cc -,- acknowledges that Wife should qualify for Innocent Spouse Relief status. ARTICLE V - ALIMONY AND SUPPORT 5.1 Alimonv.. .The parties each waive any claim they may have against the other for alimony, alimony pendente lite, spousal support, maintenance contribution, or the like. 5.2 Child SUDDort. The parties each agree to be bound by the terms and directives of the Domestic Relations Office with respect to child support, children's health insurance, child care, and/or claiming the child(ren) as exemptions for income tax purposes. ARTICLE VI - CUSTODY AND VISITATION 6.1. The parties wish to make arrangements regarding custody and visitation of Dakota P. Herd, born September 20, 1988; Ciara C. Herd, born January 17, 1992; and Johnna C. Herd, born August 7, 1996; hereinafter referred to as the Children. 6.2. The parties shall share legal custody of the Children. 6.3. The parties shall share physical custody of the Children, such that Ciara shall spend most of her time with Mother and such time with Father as the parties shall mutually agree, and such that Johnna shall spend most of her time with Father and such time with Mother as the parties shall mutually agree, and Dakota shall spend most of his time with Diane Beistline and such time with each parent as the parties shall mutually agree. This language regarding custody and or visitation of the Children shall not 10 , I';" ,"-- ~- , affect the child support terms or directives of the Domestic Relations Office. 6.4. The parties have agreed to a holiday schedule as follows: a. Th~ parties have agreed to alternate the following major holidays: Easter Day, Memorial Day, Independence Day, Labor Day, and Thanksgiving Day. This alternating holiday schedule will occur such that Father shall have Easter Day 2000 and alternating between the parties with each holiday in succession thereafter. b. Christmas holidays shall be shared in two segments: Segment A shall occur from after school, the Children are dismissed for Christmas break, until 12: 00 p.m. Christmas Day. Segment B shall occur from 12:00 p.m. on Christmas Day until 6:00 p.m. December 26th. Father shall have Segment A in 2000 and all even numbered years thereafter; and Segment B in 2001 and all odd numbered years thereafter. Mother shall have Segment B in 2000 and all even numbered years thereafter; and Segment A in 2001 and all odd numbered years thereafter. e. Each year, Mother's Day shall be spent with Mother, and Father's Day shall be spent with Father. f. The time for the holiday custody periods shall be from 9:00 a.m. until 8:30 p.m. In the event that a weekend adjoining a holiday and the holiday itself are both scheduled fora given parent, the two periods shall merge into a single custodial peiod. 11 eO ~ ., _ ._, , 6.5. Each party shall have three uninterrupted weeks through the sUDDller vacation, which weeks shall not be exercised consecutively. Notice of when the party intends to exercise his or her summer custodY.lfchedule shall be provided to the other party no later than thirty days ahead of time. 6.6. Holiday schedules shall supersede both the regular custodial schedule and the summer vacation schedules. Vacations shall supersede the regular custodial schedule upon notice as provided above. 6.7. It is the intention and desire of each of the undersigned parties that this Stipulation be confirmed as an order of court, without requiring their presence before the court, pursuant to Rule i ! 1915.7. ARTICLE VII - MISCELLANEOUS PROVISIONS 7.1 Attornevs Fees unon Breach. Each of the parties agrees that should either of them be in breach of contract and fail to comply with the terms of the Agreement herein the breaching party: shall be responsible for all court costs and attorney fees reasonably necessary to enforce the Agreement. 7.2 Advice of Counsel. The parties acknowledge that they have been given full and fair opportunity to consult legal counsel regarding the leg al effect of this agreement. They' acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, 12 =. ~>~ . '-. ~,- .,. - ',- < . - ,-' ,- . . after having received such advice and with such knowledge of this that execution Agreement is not the result of any duress or . . . . undue influence and that is not the result of any collusion or improper or illegal agreement or agreements. 7.3 Counsel Fees. Husband and Wife agree to be responsible for their respective attorney fees. For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband acknowledges that this Agreement was prepared by his attorneys. Hershey Foods Corp. v. General Electric Service Co., 619 A.2d 285 (pa. Super. 1992). 7.4 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title, interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other, or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower, curtesy, or claims in the nature of dower, curtesy, widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to 13 ,-- . '. take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or any other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising un~~r the laws of (a) Pennsylvania, (b) any state, . . commonwealth, or territory of the United States, or (c) any country. The parties further release any claim to all rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwi'se, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other by execution of this Agreement a full, complete and general release with respect to any and all property of any kind of nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Both parties acknowledge that they have been advised that each may have the right to assert a claim for spousal support, alimony, alimony pendente lite, attorneys fees, costs and/or expenses. Except as otherwise provided herein, each party hereby waives any right to such economic claims ancillary to the divorce and accepts the provisions of this Agreement relating to these claims as a 14 " ' ~r_ ," , ~-'~ -,--, . . . final settlement for all purposes, as contemplated by the Pennsylvania Divorce Code. 7.5 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or . . . . obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this' Agreement. Husband and Wife each warrant, covenants, represent and agree that each will, now at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 7.6 Modification. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed .: by both parties, and no waiver of any enforcement claims for breach or default shall be deemed a waiver of any subsequent default of the same or similar nature. 7.7 Document Execution. The parties agree that they will promptly, execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as 15 ~h . . may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel sball mutually agree should be so executed in order to carry out fully and effectively the terms of this.~greement. . . 7.8 Governino Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the execution date of this Agreement. 7.9 Bindino. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7.10 Entire Aoreement. 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. 7.11 Severability. If any term, condition, clause, section, 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 i-, :1 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 his or her obligation under anyone or more of the articles and sections shall in no way void or alter the remaining obligations of the parties. The parties expressly I"~ :i " II i_! 16 1'1 " - ~ - ~< ' , " h " . . represent that the headings of each paragraph are solely for purposes of convenience and are not to be construed as controlling. 7.12 Eauitable Division. It is specifically understood and agreed that this Agreement constitutes an equitable distribution of . . . . property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 7.13 Disclosure. The parties warrant and represent that they have made a full disclosure of all assets prior to the execution of this Agreement and that this agreement was entered into in reliance upon that disclosure. 7.14 Enforceabilitv and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties, and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained and stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determined through 17 ~ -" , ~ , . I I I . . appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this . . . , Agreement against the breaching party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year written. J1f;!,~ ~'ivflA WIFE 18 . ~. ,,",-. ,"'1'- 'C.'_" -",'.C', L, .,. , ~ ,~ ." ". r . ,., ',",-~. ~-' '" .- "-'''.~' " .~-""> ~, '" '.," . "" ~ ~" '- -" "~"~-I 0 c..::> ,.:) s-;: c=~ " , ,,, , --j rf, , , .-;, , , , ;?; " " ~"J (..j ',J (-::J r :;-O'n , J ,,- , --'". " );: 0 , r1 c: , "4 2':' ~--....) ~ =< . ..J !!lI~~Iil!""~",,mlJh.~ - ,.~,~~~I!l! " 11 JOHN P. HERD, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. No. 00 - 1875 CIVIL TERM . . SHERRI M. HERD, . CIVIL ACTION - LAW . Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD Plaintiff's SS# 176-60-7861 To the Prothonotary: Defendant's SS# 167-64-3600 Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under S 3301(c) S 33Q1(Ei) (1) of the Divorce Code. (Strike out inapplicable section) 2. Date and Manner of service of the Complaint: Service by certified mail # Z 353 364 695 delivered on March 31, 2000. See Attached Affidavit of Service. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by S 3301(c) of the Divorce Code: by the Plaintiff Auaust 24. 2000; by the Defendant September 6. 2000 . (b) Date of execution of the affidavit required by S 3301(d) of the Divorce Code: ; Date of filing of the Plaintiff's affidavit upon the respondent: ; Date of service of the Plaintiff's affidavit upon the respondent: 4. Related claims pending: Please incorporate. without meraina. the attached Property Settlement Aareement of the parties into the Divorce Decree. 5. (Complete either paragraph (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 Plaintiff's Waiver of Notice in S 3301(c) Divorce was filed with the prothonotary: filed simultaneous Iv w/Praecipe ; Date Defendant's Waiver of Notice in S 3301(c) Divorce was filed with the p othon arYl Auaust 29. 2000 . !Date: -*1m Matthew J. Eshelman, Esquire 2108 Marke Street, Aztec Building Camp Hill, pennsylvania 17011-4706 ID# 72655 Tel. (717) 763-1800 Attorney for the Plaintiff , I.- ~ ~'-~-'- .~ ~ ,"""- c~_,._Jl-""" ..rt.l!l!ll .- o ~J~. rnrT Z:J~} {.~,~-':- ;::~f:.; ~i~E~ '7 :-=i -< c:::' '.-) rj') ,'1 -0 c.> ~ :r:: i__~ .;-...) ('.0 -~ ~- " ~ lJI~I<!l!lMll:l'~dij_~~J~'!!Wll;w,t~IflK'~~~IiIfflI~~!!I1 " 40 JOHN P. HERD, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . . . . . No. fX)-/~75 W CIVIL ACTION - LAW IN DIVORCE vs. . . SHERRI M. HERD, Defendant 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 I ~roceed without you, and a decree of divorce or annulment may be ~ntered against you by the court. A judgment may also be entered i 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, i:, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, . YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO . NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 . vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. (!-IJ - /1 '15' ~ t:-<Av--" JOHN P. HERD, Plaintiff . . . . SHERRI M. HERD, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER,SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE The Plaintiff, John P. Herd, through his attorneys, The Law Offices of Patrick F. Lauer, Jr., makes the following Complaint in bivorce and, in support thereof, avers as follows: 1. The Plaintiff, John P. Herd, is an adult individual who currently resides at 210 West Allen Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. , 2. The Defendant, Sherri M. Herd, is an adult individual who I . currently res~des at 18 East Green Street, Mechanicsburg, I qumberland, County, Pennsylvania 17055. , I 3. The Defendant and the Plaintiff have been bona fide' . residents of the Commonwealth of Pennsylvania for at least six ,I~onths immediately prior to the filing of this Complaint. 'I ' 11 COUNT I - DIVORCE 4. Paragraphs one through three are incorporated herein by reference. 5. The Plaintiff and the Defendant were married on September , 15, 1991 in Cumberland County, Pennsylvania. 6. There have been no prior actions of divorce or for annulment between the parties. I , 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. This action is not collusive. WHEREFORE, the Plaintiff, John P. Herd respectfully requests this Honorable Court to enter a decree of divorce in this matter; and the Plaintiff further requests the Court to incorporate any Stipulation\Agreement reached by the parties regarding the division of marital property into the divorce decree; or, should the parties fail to reach such an agreement, to equitably divide all marital property. fz~ 7 Matth J Eshelman, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 72655 Tel. (717) 763-1800 . Date: ! I I, " , , ' ,; JOHN P. HERD, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . . . vs. : No. . . SHERRI M. HERD, Defendant : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION i I verify that the statements made in this Complaint are true ,and correct. I understand that false statements herein are made ~ubject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date' :] -'J.. tf- 0 tJ , . Signature: i I! I JOHN P. HERD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : No. 00 - 1875 CIVIL TERM : i SHERRI M. HERD, Defendant : CIVIL ACTION - LAW : IN DIVORCE DEFENDAN'r'S AFFIDAVIT OF CONSEl\IT UNDER SECTION 330l/c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 28, 2000. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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. S 4904 relating to I unsworn falsification to authorities. DATE: q-Q(I)-CJD Signature: Jbm~ Sherri M. Herd ! I I , I i~- . ~I'l~ _.~ ~ " - ~'!I"""'~ 1~_ffi'l:ifl'l!\!l!\!lI~l~~a_1'IMR -'~~- ~ ~ ,~ o ~ ~!~~ zr~" (75 ;r' ........:::~:.- r:;e, ~~8 Z -\ --< (:=-) C) (/) ~q ~o c,_~ ;...~) .,-' .'. -i' c:: iT, ~~~II!IIJ~~~i!i"'i@1"~~~':::~ar~l~llfi'f'i~li!!~lll"!.l~J~ JOHN P. HERD, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . vs. . No. 00 - 1875 CIVIL TERM . : SHERRI M. HERD, : CIVIL ACTION - LAW Defendant . IN DIVORCE . PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301/0) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on March 28, 2000. i ji 2. The marriage of the Plaintiff and the 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 of divorce after service of notice of intention to request entry of the decree. 4. 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. S 4904 relating to 'unsworn falsification to authorities. DATE: ~ '"');l y - tJ () Signatur., ~f ~ John P. erd -. _ Wll~_.._~ r_If"I~__~ (') ~ -0 ~~~; rn{r-' ~~; ~~J. '" l_ :S , -< -C1 C:) V') "'n -'"0 c :r.:'" J;.":: ~-....: <;~....) Ci"'i ;,c -< . J U nl:_~ _~J,.,;)lil'~6j"'~<I'Pmtl'!'-'ffiw._li%M1RffiiW<"l'll~I"~~'Nli'IIIii!\Mffill\fifif1litlm~!!I ""'Ill. It JOHN P. HERD, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . No. 00 - 1875 CIVIL TERM . : SHERRI M. HERD, . CIVIL ACTION - LAW . Defendant . IN DIVORCE . DEFENDANT'S WAIVER OF NOTICE OF INTEN'rION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330lCcl 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 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. 4. 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. S 4904 relating to unsworn falsification to authorities. DATE: y:;, o~ciD '-' ~'~~J erri M. Herd Signature: - , ~ I I " '. ~ i I i 8 ~.J-' vET fl1 ~"'" z~;"~; ~::ec: ~1)5 r$=~. ~c 2::(" ~ .-: "'::.C ,~ c: ;c: :< :::> en (.';;:} D b 1:::; (",'J "-, 'D -~ ~_...J -n -=---:.1 ,".-;'"1 'r:~ :E~! :~~2 _;t-J' :s> .~ i~='} re'; -]:;} ~ -< " , .!IJl!l...". . ~I~__"'""t"'"'~_, W ,~ . $'~~'ffl!IIiJ!!lil~ll!fI'I!l'ffiilQJJI!b",,-. ~. ~kJi!!l'1"!!!'l!IIlI'~~ ~I,. JOHN P. HERD, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . No. 00 - 1875 CIVIL TERM . . . SHERRI M. HERD, CIVIL ACTION - LAW Defendant . IN DIVORCE . II , PLAINTIFF'S WAIVER OF NOTICE OF INTEN'l'ION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c} OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce I 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 ithembefore 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. 4. 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. S 4904 relating to unsworn falsification to authorities. DATE: ?-;;2Cf 00 Signature: ~f~ ,l6hnp. ' Herd' , ' \~ _..~"-~IIlIlllIll' o -a~ ITl(~-- ~t" cn ". ~::~. ,,:,-::::,- )>~~ :=<. c:) c;.:, Vi ,',I ""C) C.." ~:::.~ ,.) en -, :1:; --- ~mull'll;rAml__~"""". ,~,~ ~ .." ~~W!!>~~I"!~iIT~"~ffit~~1fI'H-~..I<.,t. .4-,..t.~"'.~__~!., JOHN P. HERD, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . . . VB. : No. 00 - 1875 CIVIL TERM . . SllERRI M. HERD, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: I, Matthew J. Eshelman, Esquire, verify that the Complaint in Divorce has been served upon the Defendant indicated above by first class, Certified Mail No. Z 353 364 695, postage prepaid, return receipt requested, pursuant to the requirements of Pa. R.C.P. 1930.4. I o~=;~~~::,add__" . -Print your name and address on the rev8rse of this form so thai we can retUrn this It: card 10 you. I -Attach th. is form 10 the front of the mallplece. or on-the back if space does not I pennit. -- . -Write-Retum Receipt Requested" On the mallptece below the article number. Ii -The Retum Receipt will show to whom the article was delivered and the date I delivered, . Consult pos1masterfor fee. I 3. Arlicle AdCr~sed to: Z. Arti; ~3b3~'1h Cf s r ~ N-utd 4b, Service Type C'~.J. U. A A ,_ Q"p' 0 Registered .~ Cerli_ " I 'is ~ ~ /' . 0 Express Mall 0 Insu" f) 0 Return Receipt for Merchandise 0 COD (A 17 [J:J 7. Date of Delivery r ~ .,&!.(J/) 8. Addressee'. Address (Only If reqUesl and fee is paid) . I also w1S1tterecelve the foIllJW1llli ll8JiV1c8s (for en extre fee): , .# 1. 0 Addressee's Addreli.S ,I,,' 2. 0 ,Restricted Delivery, lil I I 5, Received By: (Print Name) S, He-vJ. l 6, SiQn~re: a ant) l lG . .!! ~'"""" i1 ,oj ;.' .',-. Domeliil1e eliIm 102595-97-8-0179 Respectfully s bmi~ted, D.te. 'fHoo Matthew J. shelman, Esquire Law Office of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 72655 Tel. (717) 763-1800 w ~ - ,~"~ J'llIII~~~ ,., ~ ..- . 111~UI[f ,_ 14 C) <= :;?' L~f,C mrT~ ~[" (j) ,,;::. --<.-,,:',. r.:::c ),'C Z,,_, $'C: ~ .G, =< ,..(_!l~1Ii!M~_ c=-~ (.~ CJ') :-;1 "'TJ C,-.:" :1=_,_, ''V (1"1 ~_ w,_ _; 11~~1 ",,,,,,,..,~ ...",J