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HomeMy WebLinkAbout00-07727 I"~.,.". , . '" "''''''' "'''' '" '" "'''' '" '" ,.,"',.,'" .. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . PENNA. STATE OF BRETT A. SHERMAN, . Plaintiff No. CIVIL 2000-7727 . . . VERSUS JODY R. SHERMAN, . , , , , , , , , , , , , , , j ~ ~ 2i'fJ)1 ; . . Defendant . DECREE IN DIVORCE , , , PLAINTIFF, ~ , , . . IT IS ORDERED AND , , AND NOW, . DECREED THAT A. SHERMAN JODY R. SHERMAN 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 PARTIES AGREEMENT ENTERED INTO ON APRIL 23, 2001 IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT. , , , , ,., ,., '" '" '" "'''''''''' '" '" , , '" '" "',.,"',., :f.'f. , PROTHONOTARY , , , , , '" ~'- """""11 ""." , , , , . , . , , , . . . , , , , , , . , . , , , , . , , , , , , , , , , , , , , , , , , , , , , . , , , , , , , , , , , , , ~...... ~l1l~Ji" :~~I.il\lL.l g ~1iIleolI_il!t1*\\i~~~~~"'~"'''' 7.,,')lf.tP~ 7 -,). If t:? I "~ ~~_m~_ .......llnll-.~ ~ ilIl~~IlllIilIIIM'~ ~," 1ioiiIliIoIit....-- , ." ,;. . - /J, - "7'f- ~~ 6vI.~~~~ . 71~ ~ ~ 4/P1c,~ . , ~ .~~-. ~ , BRETT A. SHERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 00 - 7727 CIVIL JODY R. SHERMAN, Defendant IN DIVORCE THE MASTER: Today is Monday, April 23, 2001. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Brett A. Sherman, and his counsel Michael A. Scherer, and the Defendant, Jody R. Sherman, and her counsel Marcus A. McKnight, III. Also present on behalf of Jody R. Sherman is her gua~dian, Roger L. Rickrode. Mr. Rickrode was appointed guardian pursuant to a petition and order entered on December 26, 2000, signed by President Judge George E. Hoffer. At the time of the entry of the order the Court found that Mrs. Sherman is an incapacitated person and that Mr. Rickrode was appointed as her plenary guardian of her person and property. The caption of the guardianship action is 21-00-995 Orphan's Court of Cumberland County. We are here today to resolve outstanding issues ~egarding the pending divorce proceedings. A complaint in divo~ce was filed on October 31, 2000, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. No other economic claims were raised in the proceedings. I"' ~,' , 1..- ; . ~ ." ,-~- <. ~-,,' The parties were married on October 29, 1994. They are the natural parents of one child, Gregory Scott Sherman, born April 7, 1995. Counsel have indicated that they are going to have the parties sign and they will file affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. Mr. Rickrode as guardian will sign the affidavit and waiver on behalf of the Defendant, Jody R. Sherman. An agreement is going to be placed on the with respect to the outstanding issue involving equitable distribution. The agreement as stated on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties and counsel are going to return later this afternoon to review the draft of the agreement for typographical errors, make any corrections as necessary, and then sign the document affirming the terms of settlement as stated on the record. Mr. Rickrode as guardian will sign on behalf of Jody R. Sherman. Following the return to the Master of the completed agreement and any other documents which counsel wish '-<I' """"-1 to attach to the pleadings or to be made part of the proceedings, the Master will prepare an order vacating his appointment so a praecipe can be filed with the Court requesting that the record be transmitted for the purpose of entering a final decree in divorce. Mr. McKnight. MR. McKNIGHT: The parties has been able this date to reach a comprehensive settlement which consistsof the following: 1. The retirement of Brett A. Sherman will be his sole property and Jody R. Sherman waives all right, title and interest in his retirement benefits through his employment or any other employment benefits which he has. 2. Jody also waives any right, title and interest she has in the marital residence with the provision that at the time of sale of the marital residence, 20% of the equity, after the deduction of sale expenses, will be placed into trust for the benefit of their son Gregory Sherman and the trustee of said proceeds will be Brett A. Sherman. It is understood that those will held in trust, income and principal to be used at the discretion of the trustee as he deems appropriate with the balance turned over to Gregory at the age of 25. 3. With regard to other issues of personal property, the personal property as has been divided will be acceptable with the understanding that any devices such as wheelchairs or other devices specially used or needed by Jody Sherman will be delivered to Roger Rickrode on her behalf for her benefit. She would waive all her right, title, and interest in the personal property and furnishings currently in the possession of Brett A. Sherman. 4. With regard to the financial assets, there are three accounts. One is with Waypoint Bank, one is with M&T Bank, and one is a mutual fund through Marlin Gibb, a financial planner. It is understood that the M&T account with a current balance of $475.00 will be sole property of Brett A. Sherman, the Waypoint account in excess of $30,000.00, will be signed over and will be the sole property of Jody R. Sherman and her guardian will take possession and control of that account on her behalf. The total financial assets currently to be turned over to Roger Rickrode on behalf of Jody R. Sherman will total ",., , ~..,' C~'">,., "~'Y" ,. _p ;,~ F.' 1,'.'" '~I .., in the amount of $180,000.00 from the Waypoint account and the funds being held on her behalf with Marlin Gibb. Any funds in excess of that will be placed into an account on behalf of their son Gregory Sherman, again, to be held by Brett A. Sherman as trustee for Gregory Sherman under the same conditions as has been set forth before, that he can use the income and principal in his sole discretion but any balance remaining at age 25 will be turned over to Gregory Sherman. 5. It is understood by the parties that the van which is used right now for the benefit of Jody R. Sherman will remain owned by the parents of Brett A. Sherman. If at any such time they decide that they no longer wish to own it for the benefit of Jody R. Sherman, they will sign over the title to said van to her guardian Roger Rickrode. 6. The parties agree to waive any claims which they could raise or have raised for legal fees or costs from the other party. Jody R. Sherman agrees not to raise any claim for alimony from the Plaintiff, Brett A. Sherman. Brett A. Sherman also agrees not to make any claim against the present or future income of Jody R. Sherman for child support for Gregory Sherman, in large part, due to the funds that we have said aside as part of this settlement for his benefit which he has access to. (A discussion was held off the record.) MR. McKNIGHT: 7. The trust fund to be established with present funds would be titled in the name of the trustee who is Brett A. Sherman for the benefit of their son Gregory Sherman and we agree that there should be an annual accounting to Jody R. Sherman or her guardian of how the funds have been used MR. SCHERER: 8. The 1999 Ford truck will become husband's separate property. 9. As part of the distribution of furnishings and personal property, the Plaintiff Brett A. Sherman agrees to return to Jody R. Sherman or her guardian, Roger Rickrode, the following items: The china that Jody R. Sherman's parents provided to them; her childhood belongings that she brought into the marriage; ,.,.,"",. I ,,~, ~" ..' t r- , I ~ ~ the piano and violin; her personal clothes and shoes; both dressers, the new one plus her childhood dresser; her parent's anniversary clock; the bread machine; and some shelves. 10. It is understood by the parties that in addition to this agreement which will be signed by the parties and on behalf of Jody R. Sherman, signed by her guardian Roger Rickrode, the parties will sign the consents and also the waivers permitting the divorce to take place. They also will sign a stipulation which will be presented to Judge Hoffer for his approval pursuant to the guardianship of Roger Rickrode as an additional step in this case to insure that the Court has had sufficient oversight and approved this settlement. 11. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. McKNIGHT: I think we need to make clear that there is also a provision that although the house will be in the name of Brett A. Sherman, that he agrees that he will not encumber the real estate more than 80% of the equity to protect the 20% that is going to be provided for Gregory r~E " ^' N~ "1. ""C" ., " I'" ,~ c~_ 1,- ~,' '.- ) Sherman. MR. SCHERER: will you state your name, Brett? MR. SHERMAN: Brett A. Sherman. MR. SCHERER: And have you been present this afternoon for the dictation of this agreement? MR. SHERMAN: Yes. MR. SCHERER: Do you have any questions about the agreement? MR. SHERMAN: No. MR. SCHERER: Do you feel you understand the agreement? MR. SHERMAN: Yes. MR. SCHERER: And do you voluntarily wish to enter into this agreement? MR. SHERMAN: Yes. MR. McKNIGHT: I have with me Roger Rickrode, the guardian of Jody R. Sherman and also Jody R. Sherman. We have had an opportunity to discuss the terms of this agreement and negotiate the terms, they have changed this afternoon as we have negotiated them. Roger, do you understand the terms of the agreement? MR. RICKRODE: Yes, I think so. MR. McKNIGHT: And is it your desire to enter into the terms on behalf of Jody R. Sherman? !~'. , ,~- p,_~_ ~,." " ",o,~'-, ,', '. ',,',0' I ~ 'L-" " ,"""'!"""'I j MR. RICKRODE: Yes. MR. McKNIGHT: And you are willing to sign and execute all documents necessary to implement this agreement? MR. RICKRODE: Yes, I am. MR. McKNIGHT: And just for the record, Jody, you have been part of these discussions, do you understand the agreement? MRS. SHERMAN: Yes. MR. McKNIGHT: And you are willing to enter into the terms and permit Roger to enter into these terms on your behalf? MRS. SHERMAN: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: ~~~ 1.2101 Michael A. Serer Attorney fo Plaintiff -!~,,~ "'.'')" - " ",,'",,_. ,-'.'r" _ . ,.),.-, - ,. . ''''1~- I ' w- og L. Rickrode Plenary Guardian for Jody R. Sherman BRETT A. SHERMAN, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA NO. 00-7727 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE JODY R. SHERMAN, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the divorce code. 2. Date and manner of service of the complaint: Marcus McKnight, Esquire signed an Acceptance of Service from as attorney for the Defendant on March 23, 2001. 3. (Complete either paragraph (a) or (b).) (a) Date of execution ofthe affidavit of consent required under Section 3301 (c) of the divorce code: by the plaintiff Aoril 23, 2001 by the defendant Aoril 23. 2001 (b) (1) Date of execution of the plaintiffs affidavit required by Section 3301 (d) of the divorce code N/A (2) Date of service of the plaintiffs affidavit upon the defendant N/A 4. Related claims pending NONE 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Aoril 30. 2001 (b) Date plaintiffs waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: Aoril 30. 2001 Date defendant's waiver of notice in Section 3301 (c) divorce was filed with the Prothonotary: Aoril 30, 2001 ~~~. Michael A. Scherer, Esquire Attorney for Plaintiff, Brett A. Sherman - I' ~ ",- ~ ~ e ~. -, ~,~,- ,'.. ,- ., , ~, ..=,~ . C,:", ~-,..' ( "~ '1 ~-, ~""~ "'~,IF~~~~ .;1!I!fIr~.'!!JIf ,1_,JtrIT:Y.__.__"~-""""",," r .. 'I v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-7727 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE BRETT A. SHERMAN, Plaintiff JODY R SHERMAN, Defendant ACCEPTANCE OF SERVICE AND NOW, this G'" day of ^' ~ \ut ,2000, I, Marcus A. McKnight, III, Esquire, Attorney for the Defendant, Jody R Sherman, hereby accept service of the Complaint filed in the above case pursuant to Pa. RC.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint. ~Izt: ~' c_ ~ ,c ~, ~_. , ""._ '-, , ~ .,' ^' =- . - .", "'. - ~~""'^'''.,^", ~'C."~ C' h- .~'''_ __ ~.,,,, ~ ~ " , ~ '-" ", rrLI!l~~~~~ o C ~ '"'OCC m,rT 2:3:: 21;;', U?:,:.>,. ~"C"" '..- " "- J>C::, bQ :;PC Z :::!. o :X ",. A:J N e,..;.' 0_' o ~tl ~--;:! -0 -,. ~. "':,:'; ,- , i-~-, ~'?Jt~\ '~~i :> ?2. 0) o ...J """'-.- -0:-'\' f'--. . ,:'"':"J!'l! . ", ~..." .~-,' ~" Il 1- Ii II I' " BRETT A. SHERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO,2000- 77;21 CIVIL TERM v. JODY R. SHERMAN, Defendant CIVIL ACTION-LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children, When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 ,- co, ,^"-_,_,~,,, __:_'_-,"~, .~ I'~'" - . ., -, I . .--,~ - II BRETT A. SHERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 2000- 77.:21 CIVIL TERM JODY R. SHERMAN, Defendant CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301 IC) AND 3301(0) OF THE DIVORCE CODE 1. Plaintiff is Brett A. Sherman, an adult individual who currently resides at 20 Tiffany Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Jody R. Sherman, an adult individual who is alleged to be in.capacitated and is currently a resident at Claremont Nursing and Rehabilitation Center, 375 Claremont Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 29, 1994, in Dickinson Township, Cumberland County, Pennsylvania. COUNT I - DIVORCE UNDER SECTIONS 3301 (c) AND 3301(d) OF THE DIVORCE CODE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties as to their current marriage, - " !i 7, Neither Plaintiff nor Defendant is in the Armed Forces of the United States, 8, Plaintiff avers that the marriage between the parties is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce, COUNT II -EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The parties have acquired real and personal property, including real estate, automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. COUNT III - CUSTODY 12, Plaintiff hereby incorporates by reference paragraphs 1 through 11 above 13. The plaintiff is Brett A. Sherman, an adult individual residing at 20 Tiffany Drive, Carlisle, Cumberland County, Pennsylvania. '~~ , - , It I' . 14. The defendant is Jody R. Sherman, an adult individual who is alleged to be incapacitated and is currently a resident at Claremont Nursing and Rehabilitation Center, 375 Claremont Drive, Carlisle, Cumberland County, Pennsylvania. 15. Plaintiff seeks custody of Gregory S. Sherman. born April 7, 1995. The child was not born out of wedlock. The child is presently in the custody of Plaintiff at 20 Tiffany Drive, Carlisle, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons at the following addresses: Persons Residences Dates Brett A. Sherman and 3450 Spring Road birth to Jody R. Sherman Carlisle, Pennsylvania 17013 February, 1998 Brett A. Sherman and 20 Tiffany Drive February, 1998 Jody R. Sherman Carlisle, Pennsylvania 17013 to June, 1999 Brett A. Sherman 20 Tiffany Drive June, 1999 Carlisle, Pennsylvania 17103 to present The natural father of the child is Brett A. Sherman, currently residing at 20 Tiffany Drive, Carlisle, Cumberland County, Pennsylvania. He is married to the Defendant. The natural mother of the child is Jody R. Sherman, an adult individual who is alleged to be incapacitated and is currently a resident at Claremont Nursing and Rehabilitation Center, 375 Claremont Drive, Carlisle, Cumberland County, Pennsylvania. She is married to the Plaintiff. 16. The relationship of the Plaintiff to the child is that of natural father. The plaintiff currently resides with the following persons: Names None 17, The relationship of the Defendant to the child is that of natural mother. The defendant currently resides with the following persons: Relationship Names None 18. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or in any other Court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth, Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 19. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action, All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. Relationship - I ' WHEREFORE, Plaintiff requests your Honorable Court to grant him primary physical custody of the child. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: (f-ls.oO ~4S,~ Michael A Scherer, Esquire 1.0, #61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/divorce/sherman.com - II I '. VERIFICATION I verify that the statements made in this Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Date: -t{~ Brett A, Sherman S-;l..j:--oJ -- Ii v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-7727 CIVIL TERM BRETT A. SHERMAN, Plaintiff JODY R. SHERMAN, Defendant CIVIL ACTION-LAW IN DIVORCE Ii PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on October 31, 2000. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. 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. 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. ~te: lj-;z.J~O/ '. 1.,--,,,,,-,,, "'" ___~-"~I,, ,. , "~.~~ " ~". , ,^ ;: ^ ~- ~ , o~,' "- . g Cl C) ;;::: -n ",. 'Um -0 !flm :;:0 r-';-,;i:.:i. .:::0 i5~ N 'uti! ..,- :VL' ~..:' :~3~~ ;.:::0 :I>> ~8 ::!l:: ,;'~--'n - ~!(s >><= - orn ~ W J;! CO -', -< ,,_~_ W!",,,,~ll~!~~,~_~ -- -~ '- > ~ . ~ .III BRETT A. SHERMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000-7727 CIVIL TERM JODY R. SHERMAN, Defendant : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on October 31, 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. ection 4904 relating to Date: April t5l3. ~ 2001 By: RO R L. R1CKRODE, Plenary Guardian for Jody R. Sherman unsworn falsification to authorities. ,---~ J~_~" "_,_,~ "" _L_, , __'~',""""_I~ , _ , ,'_ . _~_ . - ",r "'-"""'"'l'\'>L.., ~ , ._ [J "'Il'I'JIIII' . 0 0 0 ~ "'l"' :%>0 ,-, ~m -0 f1~p ,~,:r1 ::0 wS;; N -j"'ilT' .t:'"' :t,y ~..:;, $;~~ :<0 = I~ ::J!: ~,~- -" 9c') csrn ?J w ~ 0) -< ,0_ ..,~ ". _~ ~,'I",~i'I\.I!W~mlJ!1!~~!~~~J,l'llIIIIl!'J, , "1'"."'" BRETT A. SHERMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000-7727 CIVIL TERM JODY R. SHERMAN, Defendant IN DIVORCE W AlYER OF NOTICE OF INTENTION TO REOUEST 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 without notice. .2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 inTmediately 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 made are subject to the penalties of 18 Pa. C.s Section 4904 relating to unsworn falsification to authorities. Date: April ;13 r 1001 By: R E L. RICKRODE, P enary Guardian for Jody R. Sherman, Defendant .q <_.>~. -- 1 ~" < . 0 0 0 ~ ..,., ". ~ " .-! :;;0 f~-.; ,-:n ~~ N :::58 rs;o .~ () l. :;:: :0- ~lJ~ ~8 :::r ;-:".....,,-1 :o;;t(5 - orn c: .. ~ W s! (X) ::0 -< ,.. ..Hm"'ll!'lll!:\1 ~~~~~~~~,~" ,. 'P"'~"'(" '" .. .. BRETT A. SHERMAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-7727 CIVIL TERM JODY R. SHERMAN CIVIL ACTION-LAW Defendant IN DIVORCE ORDER APPOINTING MASTER AND NOW, this Z'JMf day of ~a<d~ ,2001, E. Robert Elicker, II, Esquire is appointed master with respect to the following claims: equitable distribution. BY THE COURT, ~~~~. (Q" .J.Jn ~ I]J. O:3-;n-OI ~ R){S ..I' _ ""' "~" _a ~ .. -~ u' I .-<.-"-.......iidii!lil~.....~~.w.:.i.~ , " - ~, '<< ,- [." 1:,-:'~" /JT,h,RY rill'; ',P 0') ,) i'" 3' li \ \... th,\ c. J r ~; .... '. CU.'N',:,,' "','1'" ('U"U1"TY lV.w...."U,ii-J..) '41 PENNSYLV/l.NIA ~ Ij !! " - ... , v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-7727 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE , " , BRETT A. SHERMAN Plaintiff JODY R. SHERMAN Defendant MOTION FOR APPOINTMENT OF MASTER Plaintiff, Brett A. Sherman, moves the court to appoint a master with respect to the following claims: () Divorce () Annulment () Alimony () Alimony Pendente Lite and in support of the motion states: (1) Discovery is complete as to the claim for which the appointment of a master is requested. (x) Distribution of Property () Support () Counsel Fees () Costs and Expenses (2) The Defendant has appeared in the action by her attorney, Marcus A. McKnight, III, Esquire. (3) The statutory grounds for divorce are irretrievable breakdown. (4) Delete the inapplicable paragraph(s): (a) The action is not contested as to divorce. (5) The action does not complex issues of law or fact. (6) The hearing is expected to take one day. (7) Additional information, if any relevant to the motion: none. DATE: March 23, 2001 ~1~ i ael A. Scherer, Esquire 11 - - CERTIFICATE OF SERVICE I hereby certify that on March 23, 2001, I, Michael A. Scherer, Esquire, did serve a copy of the Motion For Appointment of Master via hand delivery, to the party listed below, as follows: Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, Pennsylvania 17013 fdif:!t~ Mi ael A. Sche er, Esquire - BRETT A. SHERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00 - 7727 CIVIL JODY R. SHERMAN, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Michael A. Scherer Brett A. Sherman , Counsel for Plaintiff , Plaintiff Marcus A. McKnight, III Roger L. Rickrode , Counsel for Defendant , Guardian for Defendant A conference has been scheduled at the Office of ..., -,-,.- the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 23rd day of April, 2001, at 1:00 p.m., with counsel and the. parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: March 30, 2001 E. Robert Elicker, II Divorce Master - -", , -I BRETT A. SHERMAN JODY R. SHERMAN DATE: ~ /61 -- , 'T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VB. NO. 00 -7727 CIVIL 19 IN DIVORCE Defendant STATUS SHEET ACTIVITIES: /PJ~ '{$ ~~~ ~ A~ .- ,,/,~ ~ / ;> BRETT A. SHERMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000-7727 CIVIL TERM JODY R. SHERMAN, Defendant IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: I. 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. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. 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. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.s. Section 4904 relating to unsworn falsification to authorities. Date: April J 3 r 1001 By: ~ ,,,l,o>_.r<^,",, ^, "_~,' ,," ~, _~ I _ , -, , ,-~-- ~,~ II I - " - --'~,,- -!!I=,., ~,.,. - " ~ ,'-',' "<"" < - ",,,"n'i1__J!IlIP~Il't.1l~~! ~ '- ' .,.- II (') 0 0 c:: i~ "'"T1 ". --, " r+~f2 :::0 N :g~ S; .C- L. :,~ ) ~CJ "'" ~g ::;: ;J:=1~ - ''';?c'5 - orn ~ .. s;! t:.o 0) :n -< .~.,~.., " ~_C'~ BRETT A. SHERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 7727 CIVIL JODY R. SHERMAN, Defendant IN DIVORCE ORDER OF COURT AND NOW, this cJt/'0 day of , /ltvuL .. , 2001, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on April 23, 2001, the date set for a conference, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated, and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, Ge .J. cc: Michael A. Scherer Attorney for Plaintiff Marcus A. McKnight Attorney for Defendant ~ ~ "1- J5'.o/ ~'. '-,-.'" -, >,,' ~ ~ ..,.,-~, """ - ,.,,' ., I""'" ......., _iliii~iU<;.~'~"'"' ~i\j"',_,;';:!'';'.'~'"'''.:.i,"~,jli;tl:if".;)I'IWIH,"..lliiJ!.it.tih'',ti';'';''~_>;~';'''''''''",i>;",,""~,'~'~';;hi\I~i.l'!i;;f;jjritJillll~I.6l OF 1:~u-:n-{),fnCE , . ::{';-''1'''lill 'OTARY . ' . _j ,T ,~.'11 01 APR 24 PM 2: 58 CUMBEP.LPND COUNlY PENNSYLVANIA - ~~~~_~I'i/.!iil;liIIi!liI.1iIild:1W]j'-"'-~ \ \ ~ ;,~ \ \l ~ -~ " I ~ '\f- BRETT A. SHERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 00 - 7727 CIVIL JODY R. SHERMAN, Defendant IN DIVORCE THE MASTER: Today is Monday, April 23, 2001. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Brett A. Sherman, and his counsel Michael A. Scherer, and the Defendant, Jody R. Sherman, and her counsel Marcus A. McKnight, III. Also present on behalf of Jody R. Sherman is her guardian, Roger L. Rickrode. Mr. Rickrode was appointed guardian pursuant to a petition and order entered on December 26, 2000, signed by President Judge George E. Hoffer. At the time of the entry of the order the Court found that Mrs. Sherman is an incapacitated person and that Mr. Rickrode was appointed as her plenary guardian of her person and property. The caption of the guardianship action is 21-00-995 Orphan's Court of Cumberland County. We a~e here today to resolve outstanding issues regarding the pending divorce proceedings. A complaint in divorce was filed on October 31, 2000, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. No other economic claims were raised in the proceedings. '(" -~, "'>'> ,".or" ',-, '.I ""'\'""""I The parties were married on October 29, 1994. They are the natural parents of one child, Gregory Scott Sherman, born April 7, 1995. Counsel have indicated that they are going to have the parties sign and they will file affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301{c} of the Domestic Relations Code. Mr. Rickrode as guardian will sign the affidavit and waiver on behalf of the Defendant, Jody R. Sherman. An agreement is going to be placed on the with respect to the outstanding issue involving equitable distribution. The agreement as stated on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties and counsel are going to return later this afternoon to review the draft of the agreement for typographical errors, make any corrections as necessary, and then sign the document affirming the terms of settlement as stated on the record. Mr. Rickrode as guardian will sign on behalf of Jody R. Sherman~ Following the return to the Master of the completed agreement and any other documents which counsel wish . " .ro ,_, 'In ~~ ,~ ""'""1 ,- , to attach to the pleadings or to be made part of the proceedings, the Master will prepare an order vacating his appointment so a praecipe can be filed with the Court requesting that the record be transmitted for the purpose of entering a final decree in divorce. Mr. McKnight. MR. McKNIGHT: The parties has been able this date to reach a comprehensive settlement which consistsof the following: 1. The retirement of Brett A. Sherman will be his sole property and Jody R. Sherman waives all right, title and interest in his retirement benefits through his employment or any other employment benefits which he has. 2. Jody also waives any right, title and interest she has in the marital residence with the provision that at the time of sale of the marital residence, 20% of the equity, after the deduction of sale expenses, will be placed into trust for the benefit of their son Gregory Sherman and the trustee of said proceeds will be Brett A. Sherman. It is understood that those will held in trust, income and principal to be used at the discretion of the trustee as he deems appropriate with the balance turned over to Gregory at the age of 25. 3. With regard to other issues of personal property, the personal property as has been divided will be acceptable with the understanding that any devices such as wheelchairs or other devices specially used or needed by Jody Sherman will be delivered to Roger Rickrode on her behalf for her benefit. She would waive all her right, title, and interest in the personal property and furnishings currently in the possession of Brett A. Sherman. 4. With regard to the financial assets, there are three accounts. One is with Waypoint Bank, one is with M&T Bank, and one is a mutual fund through Marlin Gibb, a financial planner. It is understood that the M&T account with a current balance of $475.00 will be sole property of Brett A. Sherman, the Waypoint account in excess of $30,000.00, will be signed over and will be the sole property of Jody R. Sherman and her guardian will take possession and control of that account on her behalf. The total financial assets currently to be turned over to Roger Rickrode on behalf of Jody R. Sherman will total ~-" ~ ."" 'I -,~, .'" ~,,- ~-~ "' ,-[ ~I --, in the amount of $180,000.00 from the Waypoint account and the funds being held on her behalf with Marlin Gibb. Any funds in excess of that will be placed into an account on behalf of their son Gregory Sherman, again, to be held by Brett A. Sherman as trustee for Gregory Sherman under the same conditions as has been set forth before, that he can use the income and principal in his sole discretion but any balance remaining at age 25 will be turned over to Gregory Sherman. 5. It is understood by the parties that the van which is used right now for the benefit of Jody R. Sherman will remain owned by the parents of Brett A. Sherman. If at any such time they decide that they no longer wish to own it for the benefit of Jody R. Sherman, they will sign over the title to said van to her guardian Roger Rickrode. 6. The parties agree to waive any claims which they could raise or have raised for legal fees or costs from the other party. Jody R. Sherman agrees not to raise any claim for alimony from the Plaintiff, Brett A. Sherman. Brett A. Sherman also agrees not to make any claim against the present or future income of Jody R. Sherman for child support for Gregory Sherman, in large part, due to the funds that we have said aside as part of this settlement for his benefit which he has access to. (A discussion was held off the record.) MR. McKNIGHT: 7. The trust fund to be established with present funds would be titled in the name of the trustee who is Brett A. Sherman for the benefit of their son Gregory Sherman and we agree that there should be an annual accounting to Jody R. Sherman or her guardian of how the funds have been used MR. SCHERER: 8. The 1999 Ford truck will become husband's separate property. 9. As part of the distribution of furnishings and personal property, the plaintiff Brett A. Sherman agrees to return to Jody R. Sherman or her guardian, Roger Rickrode, the following items: The china that Jody R. Sherman's parents provided to them; her childhood belongings that she brought into the marriage; '>Tlt ~ ~,.' '(,- -,~'''''''''''''ht.-" , ' "'-1 . the piano and violin; her personal clothes and shoes; both dressers, the new one plus her childhood dresser; her parent's anniversary clock; the bread machine; and some shelves. 10. It is understood by the parties that in addition to this agreement which will be signed by the parties and on behalf of Jody R. Sherman, signed by her guardian Roger Rickrode, the parties will sign the consents and also the waivers permitting the divorce to take place. They also will sign a stipulation which will be presented to Judge Hoffer for his approval pursuant to the guardianship of Roger Rickrode as an additional step in this case to insure that the Court has had sufficient oversight and approved this settlement. 11. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. McKNIGHT: I think we need to make clear that there is also a provision that although the house will be in the name of Brett A. Sherman, that he agrees that he will not encumber the real estate more than 80% of the equity to protect the 20% that is going to be provided for Gregory ,"~''''-'''''~, P",^,,,, ?,'~'_ Sherman. MR. SCHERER: Will you state your name, Brett? MR. SHERMAN: MR. SCHERER: Brett A. Sherman. And have you been present this afternoon for the dictation of this agreement? MR. SHERMAN: Yes. MR. SCHERER: Do you have any questions about the agreement? MR. SHERMAN: No. MR. SCHERER: Do you feel you understand the agreement? MR. SHERMAN: Yes. MR. SCHERER: enter into this agreement? MR. SHERMAN: Yes. And do you voluntarily wish to MR. McKNIGHT: I have with me Roger Rickrode, the guardian of Jody R. Sherman and also Jody R. Sherman. We have had an opportunity to discuss the terms of this agreement and negotiate the terms, they have changed this afternoon as we have negotiated them. Roger, do you understand the terms of the agreement? MR. RICKRODE: Yes, I think so. MR. McKNIGHT: And is it your desire to enter into the terms on behalf of Jody R. Sherman? '"-,,,-. ,,,>. .- I -~,_" ~-, IF ,"<- . MR. RICKRODE: Yes. MR. McKNIGHT: And you are willing to sign and execute all documents necessary to implement this agreement? MR. RICKRODE: Yes, I am. MR. McKNIGHT: And just for the record, Jody, you have been part of these discussions, do you understand the agreement? MRS. SHERMAN: Yes. MR. McKNIGHT: And you are willing to enter into the terms and permit Roger to enter into these terms on your behalf? MRS. SHERMAN: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: ~4 S;-~ Michae A. Scherer Attorney for P. aintiff y_ 25'-0 { .~~, ,~-,' , -" ,-^ , " ../ -I BRETT A. SHERMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000-7727 CIVIL TERM JODY R. SHERMAN, Defendant IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: I. 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. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. 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. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: April ~3(1001 By: '-T"~~-- , I ....., BRETT A. SHERMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000-7727 CIVIL TERM JODY R. SHERMAN, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on October 31, 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. ,.",t Date: April a 3 , 2001 By: -\_, l,-_"_.~"e?_._,_,, "'""~I,,~ ",_-_~" - '<_.,,, ~', """""""'1,-" .".,- .- II . ."'~-' . ,.-" '. , ~ ',_~e, ~I .1...,..".. ~'" -, .' '.,< ~_ ..~ ." ,-c. - ~ '_' _"" ~_..~-. ."-~~ ~~...,.". "', '" ,-,.0'-' .,,'.- >'o"'-"'~'."" .-,-~",~ '.-. o <;? -rJbJ \iltY ~t?_ ?1 ~:~,,'- ~,-' 1.:0:::'- ~t ...'--. :1. -1~~~-~~~' Q "~ :~ ~. ~_ "r~_' ~ -, ,.', ~ -~". (;0 :p'-' ~;,.- - -- :::> (),J '".-~~'7 ~~ _, .. BRETT A. SHERMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000-7727 CIVIL TERM JODY R. SHERMAN, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. d Date: April fill:.. , 2001 By: -_I ~ - " ~"' "". " o s;: "'tJ~~' 5ft~t .~~. ~g <-- :::;:i , . C) C:J 'f) .~'.::: co :r_~ '" ) '),~;~: .,jr! ,",:::! 5J -<: ::> (.y _, J~r .L_,W~l!lIill~~~W!f'~fl-1~"H!M...\",_ ~, ""llll!!iffll ~ ~ _" _!iI!I!Il'