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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF
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JOSEPH E. HERRICK
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VERSUS
MICHELLE L. HERRICK
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AND NOW,
PENNA.
No. 9>0-8638
DECREE IN
DIVORCE
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/(,.
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DECREED THAT
JOSEPH E. HERRICK
, PLAINTIFF,
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AND MICHELLE L. HERRICK
, 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;
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Yes. The Marital Settlement Agreement is incorporated but not
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merged herein.
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PROTHONOTARY
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PROPERTY AND
SEPARATION AGREEMENT
BETWEEN
JOSEPH E. HERRICK
AND
MICHELLE L. HERRICK
METZGER WICKERSHAM KNAUSS & ERB, P.C.
3211 North Front Street, P.o. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187 Fax. (717) 234-9478
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THIS AGREEMENT, made this ~ay of ---h~ ,2003,
BY AND BETWEEN Joseph A. Herrick, of 6 Campbell Place, Camp Hill, Cumberland
County, Pennsylvania, 17011, hereinafter referred to as "Husband"; and Michelle L. Herrick, of
120 North 18th Street, Harrisburg, Dauphin County, Pennsylvania, 17110, hereinafter referred to
as "Wife":
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been married on July 30,
1993, in Reading, Berks County, Pennsylvania. There are two (2) children born of this marriage,
namely Nicholas A. Herrick (born November 20, 1993), and Christina E. Herrick (born July 10,
1995), and
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between
the parties and it is the intention of Wife and Husband to live separate and apart, and the parties
are desirous of settling their respective fmancial rights and obligations as between one another,
including: settling of matters between them relating to the past, present and future support and/or
maintenance of Wife by Husband and Husband by Wife;
WHEREAS, the parties hereto wish finally and for all time to settle and determine their
respective property and other rights growing out of their marital relation; wish to live separate
and apart; and wish to enter into this Property and Separation Agreement; and
WHEREAS, both and each of the parties hereto have been advised of their legal rights
and the implications of this Agreement and the legal consequences which may and will ensue
from the execution hereof; specifically, Husband is represented by Andrew W. Norfleet, Esquire,
and Wife is represented by Jeanne B. Costopoulos, Esquire; and
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WHEREAS, Wife acknowledges that she is thoroughly conversant with and accurately
knows the size, degree, and extent of the estate and income of Husband, and Husband
acknowledges that he is thoroughly conversant with and accurately knows the size, degree, and
extent of the estate and income of Wife;
NOW, THEREFORE, in consideration of the premises and of the mutual promises,
covenants, and undertakings hereinafter set forth which are hereby acknowledged by each of the
parties, Wife and Husband, each intending to be legally bound, covenant and agree as follows:
1. Advice of Counsel and Voluntariness: The provisions of this Agreement and their
legal effect have been fully explained to the parties by their respective counsel, Andrew W.
Norfleet, Esquire for Husband and Jeanne B. Costopoulos, Esquire for Wife. The parties
acknowledge that they have received independent legal advice from their selected counsel and
that they fully understand the facts and have been fully informed as to their legal rights and
obligations. They acknowledge and accept that this Agreement is, in the circumstances, fair and
equitable, and that they are entering into the Agreement freely and voluntarily after having
received such advice, Both parties acknowledge that execution of this Agreement is not the result
of any duress or undue influence and that it is not the result of any collusion or improper or
illegal agreement. Each party, by entering into this Agreement, affrrms that he or she has not
participated in any fraud, concealment, overreaching, imposition, coercion, or other unfair
dealing on his or her own part or through his or her counsel.
2. Warrantv of Disclosure: The parties warrant and represent that they have made a full
disclosure of all assets and their valuation prior to the execution of this Agreement. This
disclosure was in the form of an informal exchange of information by the parties' attorneys and
this Agreement between the parties is based upon this disclosure.
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3. Personal Rif!hts and Separation: Wife and Husband may and shall, at all times
hereafter, live separate and apart. They shall be free from any control, restraint, interference, or
authority, direct or indirect, by the other in all respects as if they were unmarried. Each may
reside at such place or places as he or she may select. However, Husband and Wife acknowledge
that their right to reside at such place or places as he or she may select is and/or shall be
restricted by the terms of any Custody Agreement executed by the parties and separate from this
Agreement. Each may, for his or her separate use or benefit, carry on and engage in any
business, occupation, profession or employment which to him or her may seem advisable.
Neither party shall molest, harass, disturb, or malign the other party or the other party's
respective families, nor shall either party compel or attempt to compel the other to cohabit or
dwell by any means or in any manner whatsoever with him or her.
4. Af!Yeement Not a Bar to Divorce Proceedinf!s: This Agreement shall not be
considered to affect or bar the right of either party to a limited or absolute divorce on lawful
grounds if such grounds now exist or shall hereafter exist, or to such defense as may be available
to either party. Without waiving said rights, the parties acknowledge that they intend to secure a
mutual consent, no-fault divorce, pursuant to the terms of Section 3301 (c) or 3301 (d) of the
Pennsylvania Divorce Code. Each party shall execute a Waiver of Notice and Affidavit of
Consent within ten (10) days of the execution of this Agreement.
5. Af!Yeement to be Incorporated in Divorce Decree: The parties agree that the terms of
this Agreement may be incorporated into any divorce decree which may be entered with respect
to them. Notwithstanding such incorporation, this Agreement shall not be merged into the
decree, but shall survive the same, and shall be binding and conclusive on the parties for all time.
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6. Date of Execution: The "date of execution" of this Agreement shall be defined as the
date of execution by the party last executing the Agreement.
7. Personal ProTJertv: Husband and Wife do hereby acknowledge that they have
previously divided their tangible personal property, including, but without limitation, jewelry,
clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures,
books, works of art, and other personal property. Wife agrees that all of the property in the
possession of Husband shall be the sole and separate property of Husband. Husband agrees that
all of the property in the possession of Wife shall be the sole and separate property of Wife. The
parties do hereby specifically waive, release, renounce, and forever abandon whatever claims, if
any, he or she may have with respect to the above items which shall become the sole and
separate property of the other, with full power to him or her to dispose of the same as fully and
effectually as though he or she were unmarried.
8. Bank Accounts: For the mutual promises and covenants contained in this Agreement,
Husband and Wife hereby waive all right, title, claim, or interest they may have by equitable
distribution in their respective bank accounts, checking or savings, if any.
9. Motor Vehicles: Each party shall be entitled to sole possession of the automobile
currently in his or her possession at the time of execution of this Agreement. If a loan or lien
exists for a vehicle in the possession of Husband or Wife, each shall remove the other party's
name from said loan or lien within thirty (30) days of the execution of the Agreement. The
parties shall execute the titles to said motor vehicles upon full and final payment of the
respective loans. If either party at any time during the duration of the respective loan(s) can no
longer satisfy payment of the loan(s), said party shall notify the other party with immediate
written notice. The out of possession party shall have an opportunity to assume the vehicle and
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outstanding loan balance. The out of possession party shall provide written notice as to their
intention to assume the loan or to their intention to waive said right of assumption.
1 O. After-Acquired Personal ProDertv/Real Estate: Each of the parties shall hereafter
own and enjoy, independently of any claim or right of the other, all items of personal property,
tangible or intangible, and any real estate hereafter acquired by him or her, with full power in
him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as
though he or she were umnarried.
11. Real Estate: The parties do not own any real estate in their joint names.
12. SUDDort:
A. Alimonv: Both parties hereby waive all right to claim against the other party for
any support, alimony pendente lite, counsel fees, and any expenses, other than
child support.
B. Child Support: Both parties, realizing that child support can be modified by the
Court at any time, agree that neither party shall pay the other party child support
pursuant to this Agreement. Nothing in this paragraph shall prohibit either party
from petitioning the Court for child support at any time.
C. Health Insurance: Absent entry of a child support order, the parties agree that
Husband and Wife shall maintain insurance on the parties' minor children through
their respective employers. The parties shall share equally all out-of-pocket
medical expenses for the children.
D. Taxes: Absent entry of an amended custody order, Husband and Wife agree that
Husband shall claim Nicholas Herrick and Wife shall claim Christina Herrick as
their dependant, annually.
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13. Waiver of Pension Interests: Except for the terms contained in this Agreement, both
parties hereby waive all right, title, claim or interest he or she may have in any equitable
distribution or otherwise of any pension or retirement account, if any, owned by the other party.
Each party specifically waives any and all rights to pre-retirement death benefits and survivor
benefits under the other's pension or retirement plans, if any, and each acknowledges that the
effect of this waiver is that he or she will not be entitled to any benefits whatsoever from these
contracts, plans or accounts if the other dies before or after reaching retirement age, and each
agrees and unequivocally consents to the designation by the other of any alternate or further
beneficiaries at any time. Husband has transferred one-half of his existing Roth IRA in the
amounts of $2,388.33 and $799.41 to Wife. Said funds were transferred to Wife on February
14, 2003 and March 20, 2003, respectively. Wife specifically waives any other interest in
Husband's current or future pension interests including any claimed interest in pensions that may
vest at a future date.
14. Debts:
A. The parties hereby acknowledge that, as of the date of separation, they did not and
do not share any existing joint debts other than the vehicle loans described in
paragraph 9.
B. In the event that either party becomes a debtor in bankruptcy or financial
reorganization proceedings of any kind while any obligations remain to be
performed by that party, for the benefit of the other party pursuant to the
provisions of this Agreement, the debtor spouse hereby waives, releases and
relinquishes any right to claim any exemption (whether granted under state or
federal law) to any property remaining in the debtor as a defense to any claim
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made pursuant hereto by the creditor spouse, and the debtor spouse hereby
assigns, transfers and conveys to the creditor spouse an interest in all of the
debtor's exempt property sufficient to meet all obligations to the creditor spouse
as set forth herein, including all attorney's fees and costs incurred in the
enforcement of this paragraph or any other provision of this Agreement. No
obligation created by this Agreement shall be discharged or dischargeable,
regardless of federal or state law to the contrary, and each party waives any and
all right to assert that any obligation hereunder is discharged or dischargeable.
Failure of any party to meet his or her obligations under anyone (1) or more of
the paragraphs herein, with the exception of the satisfaction of conditions
precedent, shall not in any way void or alter the remaining obligations of either of
the parties.
15. Warrant, as to Existing Obligations: Each party represents that he or she has not
heretofore incurred or contracted for any debt or liability or obligation 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 and hold the other party harmless from and against any and all such
debts, liabilities, or obligations of every kind which may have heretofore been incurred by him or
her, including those for necessities, except for the obligations arising out of this Agreement.
16. Warrantv as to Future Obligations: Wife and Husband each covenant, warrant,
represent and agree that each will now and at all times hereafter save harmless and keep the other
indemnified from all debts, charges, and liabilities incurred by the other after the date of
execution of this Agreement, except as may be otherwise specifically provided for by the terms
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of this Agreement, and that neither of them shall hereafter incur any liability whatsoever for
which the estate of the other may be held liable.
17. Prior Income Tax Returns: The parties have heretofore filed joint federal, state and
local income tax returns. Husband and wife agree that, in the event any deficiency in federal,
state or local income tax is imposed, or any assessment of any such tax is made against Husband
and Wife by reason of the filing of said joint returns, Husband and Wife shall share equally in
the repayment of any tax debt or lien for any'such tax deficiency or assessment and any interest,
penalty or expense incurred in connection therewith, and such tax, interest, penalty or expense
shall be paid solely and entirely by Husband, unless said tax, interest, penalty, or expense.
18. Remedv for Breach: If either party breaches any provision of this Agreement, the
other party shall have the right, at his or her election, (i) either to sue for damages for such
breach, in which event the breaching party shall be responsible for payment of legal fees and
costs incurred by the other in enforcing his or her rights hereunder, or (ii) to seek such other
remedies or relief as may be available to him or her.
19. EQuitable Distribution: 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 Wife and Husband or either of them during the marriage as
contemplated by the Act of April 2, 1980 (P. 1. No. 63, No. 26), known as "The Divorce Code,"
23 P.S. 3501 et seq. of the Commonwealth of Pennsylvania, and as amended.
20. Mutual Cooveration/Dutv to Effectuate A!!Yeement: Each party shall, at any time and
from time to time hereafter, take any and all steps to execute, acknowledge and deliver to the
other party any and all further instruments and/or documents that the other party may reasonably
require for the purpose of giving full force and effect to the provisions of this Agreement.
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21. Reconciliation: The parties shall only effect legal reconciliation which supersedes
this Agreement by their signed agreement containing a specific statement that they have
reconciled and that this Agreement shall be null and void. Otherwise, this Agreement shall
remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if
not consummated by the aforesaid agreement, shall not affect in any way the legal effect of this
Agreement or cause any new marital rights or obligations to accrue.
22. No Waiver of Default: This Agreement shall remain in full force and effect unless
iUld until terminated under and pursuant to the terms of this Agreement. The failure of either
party to insist upon strict performance of any of the provisions of this Agreement shall in no way
affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of
iUlY provision hereof be construed as a waiver of any subsequent default of the same or similar
nature, nor shall it be construed as a waiver of strict performance of any other obligations herein.
23. Entire Af!7eement: 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. This Agreement shall
survive integration by any court into any judgment for divorce and shall continue to have
independent legal significance as a written contract separate from such judgment for divorce and
may be enforced as an independent contract.
24. Waiver or Modification to Be in Writinz: No modification or waiver of any of the
terms hereof shall be valid unless in writing and signed by both parties.
25. Af!7eement Bindinz on Heirs: This Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs, executors, administrators, successors and
assigns.
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26. Law of Pennsvlvania Avvlicable: This Agreement shall be construed in accordance
with the laws of the Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, the parties have set their hands and seals to two (2)
counterparts of this Agreement, each of which shall constitute an original, the day and year frrst
above written.
(SEAL)
..Av')u..< ~" 1..003
Joseph E. Herrick
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Michelle L. Herrick
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COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUl\IBERI:.,itlD DAuPt(l/0
On this ,")Zl:L day of 4.NI));$i-r- , 2003, before me, the undersigned
officer, personally appeared Joseph E. Herrick, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument and acknowledged that he executed
the foregoing document to be his act and deed, and executed the same for the purposes therein
contained.
In witness whereof, I hereunto set my hand and official seal.
NOTARIAL SEAL
CAl'lOL A. lYTER, Notary Public
(:IIy of Hilrrisbilrg, O81iphin County
My COI1)Illi8liIon Expires Dec. 28, 2004
~Q~
NotaryPu 'c
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF n .. AN:!) OAU~ :
On this If( ~y of ftb~ , 2003, before me, the undersigned
officer, personally appeared Michelle L. Herrick, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the within instrument and acknowledged that she
executed the foregoing document to be her act and deed, and executed the same for the purposes
therein
contained. ___---------,
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In witness whereof, I hereunto set my hand and OffiCi~ _________/.
~~
Notary Public
SS
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JOSEPH E. HERRICK,
Plaintiff
v,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
: NO, 00-8638
MICHELLE LYNN HERRICK,
Defendant
: CNIL ACTION - LAW
: COMPLAINT IN DNORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Kindly 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 Complaint: A Complaint in Divorce was filed on
December 15, 2000, and served on Defendant via personal service on January 12,
2001.
3, Complete either paragraph (a) or (b):
(a) Date of execution of Plaintiff's and Defendant's Affidavits of Consent
required by Section 330l(c) of the Divorce Code:
Plaintiff: August 14,2003, filed August 29, 2003 and December 31,
2003
Defendant: August 14, 2003, filed August 29, 2003 and December 31,
2003,
(b)(I) Date of execution of Plaintiffs Affidavit required by Section 330l(d) of the
Divorce Code: NA
(2) Date of filing and service of the Plaintiff's Affidavit upon the respondent:
Filing: NA
Service: NA
4, Complete the appropriate paragraphs:
292873-/
Dated:
292873,/
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(a)
Related claims pending:
None
(b)
Claims withdrawn:
None
(c) Claims settled by agreement of the parties: All
(d) State whether any written agreement is to be incorporated into the Divorce
Decree: Yes, attached to Decree in Divorce,
5.
(a)
Date and manner of service of the Notice of Intention to File Praecipe to
Transmit Record, a copy of which is attached, if the Decree is to be entered
under Section 3301 (d)(1 )(i) of the Divorce Code:
Service: NA
(b) Date Plaintiffs Waiver of Notice in ~330l(c) Divorce was filed with the
Prothonotary: August 29, 2003 and December 31, 2003.
Date Defendant's Waiver of Notice in ~330l(c) Divorce was filed with the
Prothonotary: August 29, 2003 and December 31, 2003
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
BYcJ~ ~
Andrew . Norfleet, sqUIre
Attorney J.D. No. 83894
P.O. Box 5300
Harrisburg, P A 17110-0300
(717) 238-8187
Attorneys for Plaintiff
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JOSEPH E. HERRICK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
v.
: NO. 00-8638
MICHELLE LYNN HERRICK,
Defendant
: CNIL ACTION - LAW
: COMPLAINT IN DNORCE
CERTIFICATE OF SERVICE
AND NOW, this 31st day of December, 2003 I, Andrew W. Norfleet, Esquire, of Metzger,
Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, Joseph Herrick, hereby certifY that I
served a copy of the Praecipe to Transmit Record this day by depositing the same in the United
States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Ms. Michelle Herrick
120 North 18th Street
Harrisburg, PA 17110
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
~~
. AndreW. Norfleet
292873-1
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JOSEPH E. HERRICK,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
; NO. lKi- ~1.~Z'~ Iv.-
MICHELLE LYNN HERRICK,
Defendant
: CIVILACTION-LAW
: COMPLAINTINDNORCE
NOTICE
TO: Michelle Lynn Herrick
c/o Arthur K. Dils, Esq.
Dils & Rupich
1017 North Front Street
Harrisburg,PA 17102
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 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, 1 Courthouse Square, 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 Lawyer Referral Service
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
Docurnent#189355
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JOSEPH E. HERRICK,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO.
MICHELLE LYNN HERRICK,
Defendant
: CIVIL ACTION - LAW
: COMPLAINT IN DNORCE
NOTICIA
TO: Michelle Lynn Herrick
c/o Arthur K. Dils, Esq.
Dils & Rupich
1017 North Front Street
Harrisburg, P A 17102
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siquientes paginas, debe tomar accion dentro de los
proximos veinte (20) dias despues de la notificacion de esta Demanda y A viso radicando
personahnente 0 por medio de un abogado una comparecenciaescrita y radicando en la Corte por
escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra
reclamacion or remedio solicitado por el demandante puede ser dictado en contra suya por la Corte
sin mas aviso adicional. U sted puede perder dinero 0 propiedad u OtrOS derechos importantes para
usted.
USTED DEBE LLEV ARESTE DOCUMENTO A SU ABOGADO
INMEDIA T AMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE P AGARLE A
UNO, LLAME 0 V A YAA LA SIGUIENTE OFICINAPARA A VERlGUARDONDEPUEDE
ENCONTRAR ASISTENCIA LEGAL.
Cumberland County Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
Document #189355
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JOSEPH E. HERRICK,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. ~ ~ F (" 3 &' Q....:,.J .,- L-<--
MICHELLEL YNN HERRICK,
Defendant
: CIVIL ACTION - LAW
: COMPLAINT IN DNORCE
COMPLAINT IN DIVORCE
1. The Plaintiff is Joseph E. Herrick, an adult individual residing at 6 Campbell Place,
Camp Hill, Cumberland County, Pennsylvania, 17011, since 1998.
2. The Defendant is Michelle Lynn Herrick, an adult individual residing at 120 North
18th Street, Harrisburg, Dauphin County, Pennsylvania, 17110, since 2000.
3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at
least six months immediately prior to the filing of this Complaint.
4. The Plaintiff and Defendant were married on July 30, 1993, III Reading,
Pennsylvania.
5. Neither Plaintiff nor Defendant is in the military or naval service of the United
States or its allies within the provisions of the Soldiers' and Sailors' Civil Rights Act of the
Congress of 1940 and its amendments.
6. Plaintiff filed a prior action for divorce that was withdrawn.
7. Plaintiffhas been advised that counseling is available and that Plaintiff may have the
right to request that the court require the parties to participate in counseling.
8. Two children were born of the marriage, Nicholas A. Herrick (d.o.b. 11120/93), and
ChristinaE. Herrick (d.o.b. 7/10/95).
The parties have entered into a separate Custody Order dated October 5,2000.
Document #189355
,i -' ,On,',' ,,-40.'''-''' "
COUNT!
Divorce
9. The averments of paragraphs 1-8 hereof are incorporated herein by reference.
10. The marriage is irretrievably broken.
WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce divorcing
Plaintiff and Defendant.
COUNT II
Equitable Distribution
11. The averments of paragraph 1-10 are incorporated herein by reference.
12. During the marriage the parties acquired marital property, assets, and obligations
which Plaintiff requests the Court equitably distribute and assign.
WHEREFORE, Plaintiff requests that this Court enter a Decree in Divorce, enter an order
equitably distributing marital property, and enter such other orders as are appropriate and just.
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
B4~::!zff
Attorney J.D. No. 83894
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
Dated: December 15. 2000
- 2-
Document #189355
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VERIFICATION
I, Joseph E: Hetrick
" hereby certifY that the facts set forth in the foregoing
Complaint Under Section 3301(c) or 3301(d) ofthe Divorce Code are true and correct to the best
of my knowledge, information and belief, and that false statements herein are made subject to the
penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities.
Date:
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Document #: 177876.1
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CERTIFICATE OF SERVICE
AND NOW, this 15th day of December, 2000, I, Andrew W. Norfleet, Esquire, of
Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, Joseph E. Herrick, hereby
certifY that I served a copy of the within Complaint in Divorce this day by depositing the same in
the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to:
CERTIFIED MAIL. RETURN RECEIPT REOUESTED.
RESTRICTED DELIVERY
Michelle Lynn Herrick
120 North 18th Street
Harrisburg, P A 17110
U.S. MAIL
Arthur K. Dils, Esquire
Dils & Rupich
1017 North Front Street
Harrisburg, P A 17102
METZGER, WICKERSHAM, KNAUSS & ERB, P.c.
BY~~
Attorney J.D. No. 83894
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
Attorney for Plaintiff
(717) 238-8187
Document #189355
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JOSEPH E. HERRICK,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-8638
MICHELLE LYNN HERRICK,
Defendant
: CNIL ACTION - LAW
: COMPLAINT IN DNORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on
December 15, 2000. The Divorce Complaint was served upon Defendant via certified mail, return
receipt, on December 15,2000. Said Divorce Complaint was retuned as "unclaimed" on January 5,
2001. Said Complaint was mailed via U.S. Mail First Class on January 5, 2001 and was not
returned. Said Divorce Complaint was served via hand delivery upon Defendant on January 14,
2001. An Affidavit of Service is attached to this Affidavit of Consent.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention
to request entry of the decree.
I verifY that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn
falsification to authorities.
Dated:
2/24/04
285944-1
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JOSEPH E. HERRICK,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
: NO. 00-8638
MICHELLE LYNN HERRICK,
Defendant
: CNIL ACTION - LAW
: COMPLAINT IN DNORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
UNDER SECTION 3301(c) OF THE DIVORCE CODE
AND WAIVER OF COUNSELING
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
December 15, 2000.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree 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. ~ 4904 relating to
unsworn falsification to authorities.
Dated: ~ - /'1-- tJ'I
;i,/,2/b ~ /~
Michelle Lynn H ck
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JOSEPH E. HERRICK,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
: NO. 00-8638
MICHELLE LYNN HERRICK,
Defendant
: CNIL ACTION - LAW
: COMPLAINT IN DNORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE UNDER 113301(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 immediately after it is filed with the Prothonotary.
I verifY that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn
falsification to authorities.
Dated: 2/24/04
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JOSEPH E. HERRICK,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLV ANlA
: NO. 00-8638
MICHELLE LYNN HERRICK,
Defendant
: CNIL ACTION - LAW
: COMPLAINT IN DNORCE
DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE UNDER & 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 immediately after it is filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn
falsification to authorities.
Dated: i2 -If- 0 '7
Jild~ ~ ,~
Michelle Lynn Hem
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JOSEPH E. HERRICK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-8638
MICHELLE LYNN HERRICK,
Defendant
: CNIL ACTION - LAW
: COMPLAINT IN DNORCE
AFFIDAVIT OF SERVICE
I, Joseph Herrick, hereby certifY that a true and correct copy of the Complaint in Divorce
was served upon Defendant, Michelle Herrick via hand delivery on January 14, 2001.
By
Dated:
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285946-1
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JOSEPH E. HERRICK,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 00-8638 CIVIL TERM
MICHELLE LYNN HERRICK,
Defendant
: CIVIL ACTION - LAW
: IN DNORCE
PRAEC'TPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Kindly enter the appearance of Jeanne B. Costopoulos, Esquire, as attorney of record for
Defendant, Michelle Lynn Herrick, in the above captioned matter.
Dated: "1h(ff/
Je B. Costopoulos, Esquire
1400 N. Second Street
Harrisburg, P A 17102
Phone: (717) 221-0900
Supreme Ct. ill No. 68735
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JOSEPH E. HERRICK,
Plaintiff
: TIlE COURT OF COMMON PlEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 00-8638 CIVIL TERM
MICRRT J.F. LYNN HERRICK,
Defendant
: CIVIL ACTION -LAW
: INDNORCE
rRRTTFTr.A TR OF SRRvrr.R
I, Jeanne B. Costopoulos, Esquire, hereby certifY that I am this day serving a copy of the
foregoing document upon the persons, and in the manner, indicated below, which service
satisfies the requirements of the P A Rules of Civil Procedure, by depositing a copy of the same
with the United States Post Office at Harrisburg, Pennsylvania, through first class mail, prepaid,
and addressed as follows:
Andrew W. Norfleet, Esquire
METZGER WICKERSHAM
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
BY:
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Je~ R Costopoulos, Esquire
ATTORNEY FOR DEFENDANT
1400 N. Second Street
Harrisburg,PA 17102
Phone: (717)221-0900
Supreme Ct. ill No. 68735
Dated:
11710 I
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JOSEPH E. HERRICK,
Plaintiff/Respondent
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
00-8638 CIVIL
CIVIL ACTION - LAW
MICHELLE LYNN HERRICK,
Defendant/Petitioner
IN DIVORCE
IN RE: PETITION TO PREVENT THE CONCEALMENT. WASTE AND
DISSIPATION OF MARITAL ASSETS
ORDER
AND NOW, this /,-/,0- day of March, 2001, a rule is issued on the
plaintiff/respondent to show cause why the relief requested in the within petition ought not to be
granted. This rule returnable ten (10) days after service.
BY THE COURT,
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JOSEPH E. HERRICK, : IN THE COURT OF COMMON PLEAS
Plaintift7Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
v,
: No, 00-8638 CIVIL
MICHELLE LYNN HERRICK, : CIVIL ACTION - LAW
DefendantlPetitioner : rnVDR:CE
ORDER OF COURT
AND NOW this
day {)f
. 2001 ,Ilponconsider-ation {)[ the
within Petition to Prevent the Concealment, Waste and Dissipation of Marital Assets, it is hereby
ORDERED that,thePreliminary,Injunction is granted and Respendent ,may,not remove, ~, spend
or in any way dissipate any marital property. Petitioner is not required to post bond or security.
BY THE COURT:
1.
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JOSEPH E. HERRICK,
PlaintifflRespondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v.
No. 00-8638 CIVIL
MICHELLE LYNN -HERRICK,
DefendantfPetitioner
CIVIL ACTION - LAW
DlVORC-E
PETITION TO PREVENT THE CONCEALMENT,
WASTE AND DISSIPATION OF MARITAL ASSETS
AND NOW. comes the DefendantlPetitioner,Michelle Lynn Herrick, by andthmugh her
attorney, Jeanne B. Costopoulos, Esquire, and files the following Petition for Injunction Relief,
respectfully representing as "foUows:
1. Petitioner is the defendant in the above-captioned divorce action.
2. Respondentisthe plaintilf4tFtheabeve~aptioneddivorce action.
3. Respondent filed a Complaint in Divorce on December 15, 2000.
4. The partieshaveacquired,marita] ~y which -includes stocks, and a Roth
retirement account and a pension which are in Respondent's name.
5. Petitioner wants to ensure that Respendentwill not remove these assets ft-effi the
Commonwealth of Pennsylvania, spend the assets, or secret them in order to defeat her claim to
an equitable distribution of this marital property.
6, Section 3323(f) of the Divorce Code provides in relevant part:
In all matrimonial causes, the court shall have full equity power and
jurisdiction and..mayissueffijwlctffins-er other orders which are
necessary to protect the interests of the parties or to effectuate the
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purposes of this part and may grant such other relief or remedy as
equity and justicerequir-e-against -either .party. . ,
7. Section 3505(a) of the Divorce Code provides:
wpere it appears to the court that a party is about to leave the
jurisdiction of tbe-GGlJft ~ -is -aoout to r-emove .property of that party
from the jurisdiction of the court or is about to dispose of, alienate
or encumber property in order to defeat equitable distribution,
alimony pendente lite, alimony, child and spousal support or a
similar award, aninjum:tion~ -be-attachedasprescribedby
general rules.
8. Pennsylv.ania-Rule~-Civil J>-r~-e1920A3(a)provides:
At any time after the filing of the complaint, on petition setting
forth facts entitling the party to relief, the court may, upon such
terms and conditions as it deems just, including the filing of
security,
(1) issue preliminary or special injunctions necessary to
prevent the removal, disposition, alienation or encumbering of real
, or personal property in accordance with Rule 1531(a), (c), (d) and
(e); or
(2) order the seizure or attachment of real or personal
property; or
(3) grant other.appr~r-elief.
9. While the Rule provides for the filing of security, exceptions to this requirement
exist in the area.offamily.]aw.,InWenzv, Wooz,400P-a.397, 162A2d 376 (19(0), wher-e,after
the filing of an action in equity by the plaintiff against her husband, and the husband appeared and
answered, putting-in -issue the validity-ef-the-marriage,hesubsequentlyinstitutedanactioo-in
Maryland seeking an annulment of his marriage to the plaintiff. The plaintiff filed a demurrer in
the Maryland proceedingood-then.petitienedtheLehigh County Courtto-enjoin..and'Hlstr-ain-the
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husband from prosecuting -the Maryland suit. T-he~urtenter(ldsuchan ~rder,and -the husband
appealed. One of the issues raised by the husband was that the Court had "no authority to impose
the restraint uponhitnwithoot 1"equiring-the plaintiJf -te iJQsta-bondas fll'.ovided by Rule 15:H-*b)
ofthe Pennsylvania Rules of Civil Procedure"." Id. The Supreme Court responded:
The rule has no application whatsoever to a court's issuing a
restraining orde.r-inaid-of{lf --te ilrotect 4t.s jurisdiction which has
duly attached. The rules of civil procedure, even most "liberally
construed" (pa.R.C.P. No. 126) were not intended to, nor do they,
limit a court's authority to act, as the court below did, in a situation
such as this recor-d -disc/o;ses, . , T4re ilet-ition .servedno~therpurpose
than to inform the court of what the defendant was attempting to
do. The court acted out of its own inherent power and,
undoubtedly, would have done so, of its own motion, without any
petition by the"plaintill:had-it4eamed~therwisewhatthedefendant
was attempting to do, .. Id
10. In the inst.antmatter,P-etitioner-believesRespoodentmay-attemptte~meve
marital property from the jurisdiction of this Honorable Court.
11. Furth0f.;Jl~oner i.switOOlit-themean&-teilostsecurity.
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WHEREFORE,Petitionerprays-thill-IIooor-ableCourt willgr-ant-the withinP-<<itionfor
Injunctive Relief and restrain Respondent from encumbering, dissipating, selling or otherwise
alienating any and-a1l maritalallsetsof theparues.
RESPECTFULLY SUBMITTED:
Dated:
'1I1/r/J
Jeanne ostopoulos, Esquire
COSTOPOUL08&WELCH
1400 North Second Street
Harrisburg, Pennsylvania 17102
P A Supreme Court ill No. 68735
Telephone: (717)221-0900
Fax: (717) 221-0904
ATTORNEY FOR PETITIONER
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JOSEPH E. HERRICK, : IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYL VANIA
v.
: No. 00-8638 CIVIL
MICHELLE LYNN HERRICK,
Defendant/Petitioner
CIVIL ACTION - LAW
DNORCE
VERIFICATION
I, Michelle Lynn Herrick, hereby verifY that the statements made in the foregoing Petition
are true and correct tothehest-ofmy knewledge, infermation,andbelief. lunder.standt-hat .false
statements herein are made subject to the penalties of 18 Pa. C. S. ~4904, relating to unsworn
falsification to authorities.
Date: J1lo;tc,h 1.J.lJD1
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Signature: .4Jd1e ~ ~
Michelle Lynn H ck
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JOSEPH E. HERRICK,
PlaintifLlRespondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v.
: No. 00-8638 CIVIL
MICHELLE LYNN HERRICK, : CIVIL ACTION - LAW
DefendantfPetitioner : DIVOR.-cE
CERTIFICATE OF SERVICE
I, Jeanne B. COsWpoules,~uire, M-OOY ~thatlamthis-dayserving ~-wpy.{)[the
foregoing document upon the person, and in the manner, indicated below, which service satisfies the
requirements ofthe-PARulesofCivil ProceauHl, -by-deflositing a copy of the same withthe united
States Post Office at Harrisburg, Pennsylvania, through first class mail, prepaid, and addressed as
follows:
Andrew W. Norfleet, Esquire
3211 North Front Street
P.O. Box 5300
lIanisburg,PA17110-0300
Dated:
'7/7(0/
Jeanne . ostopoulos, Esquire
1400 orth Second Street
Harrisburg, Pennsylvania 17102
P A Supreme Court ill No. 68735
Telephone: (717) 221-0900
ATTORNEYFOR:PE'J'I'fIONER
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JOSEPH E. HERRICK,
P1aintift7Respondent
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 00-8638
MICHELLE L YNNHERRlCK,
DefendantlPetitioner
: CNlLACTION -AT LAW
: INDNORCE
ORDER OF COURT
"
AND NOW this a
day of
""""
. 2001, upon consideration of
Petitioner's Emergency Petition to Prevent the Concealment, Waste and Dissipation of Marital Assets,
it is hereby ORDERED that that the Preliminary Injunction is granted and Respondent may not
remove, conceal, spend or in any way dissipate any marital property, Petitioner is not required to post
bond or security.
BY THE COURT:
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JOSEPH E. HERRICK,
Plaintifi7Respondent
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No, 00-8638
MICHELLE LYNN HERRICK,
Defendant/Petitioner
: CNILACTION - AT LAW
: INDNORCE
TO THE HONORABLE KEVIN A. HESS, JUDGE OF SAID COURT:
PETITION TO MAKE RULE ABSOLUTE
AND NOW COMES the Petitioner, Michelle Lynn Herrick, by and through her attorney,
Jeanne B. Colrtopoulos, Esquire, ofColrtopoulos and Welch, and files the following Petition,
respectfully representing as follows:
1. On or about March 13,2001, Petitioner filed a Petition to Prevent the
Concealment, Waste and Dissipation of Marital Assets and, on March 14,2001, this Honorable
Court issued a Rule to Show Cause granting the Respondent ten days to answer the Petition, if
he so chose.
2, As of this date, May 1,2001, the Respondent has filed no answer.
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WHEREFORE, counsel prays this Honorable Court will make its Rule to Show Cause
absolute, and enter an Order granting the preliminary injunction.
Respectfully submitted,
Date: fit (o!
CostoPoulos, Esquire
COST OULOS & WELCH
1400 North Second Street
Harrisburg, Pennsylvania 17102
Telephone: (717) 221-0900
Fax: (717) 221-0904
ATTORNEY FOR PETITIONER
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JOSEPH E. HERRICK,
PlaintimRespondent
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 00-8638
MICHELLE LYNN HERRICK,
DefendantlPetitioner
: CNIL ACTION - AT LAW
: IN DNORCE
ATTORNEY VERIFICATION
Undersigned counsel, Jeanne B. Costopoulos, Esquire, hereby verifies and states that:
1. She is the attorney of record for Michelle Lynn Herrick.
2. She is authorized to make this verification on her behalf.
3. The facts set forth in the foregoing petition are known to her and not necessarily to
her client.
4. The facts set forth in the foregoing motion are true and correct to the best of her
knowledge, information and belief
5. She is aware that false statements herein are made subject to the penalties of 18
Pa,C.S. ~4904 relating to unsworn falsification to authorities.
Date:
)if /0 (
BY:
B. Costopoulos, Esquire
CO OPOULOS & WELCH
1400 North Second Street
Harrisburg, Pennsylvania 171 02
Telephone: (717) 221-0900
Fax: (717) 221-0904
Attorney I.D, No, 34962
ATTORNEY FOR PETITIONER
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JOSEPH E. HERRICK,
P1aintifflRespondent
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYL VANIA
v.
: No. 00-8638
MICHELLE LYNN HERRICK,
DefendantlPetitioner
: CNILACTION -AT LAW
: INDNORCE
CERTIFICATE OF SERVICE
I, JeanneB. Costopoulos, hereby certifY that I am this day serving a copy of the foregoing
document upon the person, and in the manner, indicated below, which service satisfies the
requirements of the P A Rules of Civil Procedure, by depositing a copy of the same with the United
States Post Office at Harrisburg, Pennsylvania, through first class mail, prepaid, and addressed as
follows:
Andrew W. Norfleet, Esquire
3211 North Front Street
P.O. Box 5300
Harrisburg, P A 17110-0300
Dated:
)'// fa!
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Jean!<: B. Costopoulos, Esquire
1400 North Second Street
Harrisburg, Pennsylvania 17102
PA Supreme Court ill No. 34962
Telephone: (717) 221-0900
ATTORNEY FOR PETITIONER