HomeMy WebLinkAbout99-03739
i
E
I
3
1 :4
;M
r5
<r
r"
?3
S
V
i
is
i
i!
0?
:?+ :A• :?• :?:• {?• cam. .:?. .:r. •:.. :ws :..:.. ... ....
IN THE COURT OF COMMON PLEAS
Plaintiff
Voraus
RAYMOND JOSEPH SHERER,
Defendant
OF CUMBERLAND COUNTY
STATE OF y'C? PENNA.
. ..?.
NANCY R. SHERER,
att.. 3739 Civil Term 1999
DECREE IN
DI VORCE
AND NOW, .... 7P?17C l ............... RQ.?DDO , it is ordered and
decreed that ........... ,NANCY. R. ,SHERER, • . , , , , , • , , , .... , • , Plaintiff,
and .. • ..........-RAYMOND. JOSEPH SHERER ... , 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;
i
i
Property, Settlement, Agreement, dated „10. May(, 2000,,.is•hereby...
incorporated into the Final Divorce Decree.
....... .•. ....... ........................ -4
•Wr. i?• •.e6• :?:..W.
i
R y he C u t
i
Atte. t: •? J.
f:
(s
. ... . Prothonotary tjt'?•'
t?
:?• <?• cr.• ?. .?. ;?: e. s• •:?:• <?: :q .c .e .?: .?. .e. ce .e e. is 3
? ? ??
? ??
PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, dated the I0`h day of May, 2000, by and between
RAYMOND JOSEPH SHERER, residing at 2959 Maple Road, Camp Hill, Cumberland
County, Pennsylvania, 17011, Social Security Number 059-36-0379, hereinafter called the
"Husband", and NANCY R. SHERER, formerly NANCY KAY ROSE, residing at
19A N. York Road, Dillsburg, York County, Pennsylvania, 17019, Social Security
Number 125-38-3311, hereinafter called the "Wife", who agree as follows:
WITNESSETH
WHEREAS, the parties are Husband and Wife, having been married on July 27, 1968, in
Buffalo, Erie County, New York. The parties separated January 1, 1999. There are no minor
children of this marriage.
WHEREAS, diverse, unhappy, and irreconcilable differences, disputes, and difficulties
have arisen between the parties, and it is the intention of Wife and Husband to live separate and
apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and
finally their respective financial and property rights and obligations as between each other
including, without limitation by specification: the settling of all matters between them relating to
the ownership and equitable distribution of real and personal property; the settling of all matters
between them relating to the past, present and future support, alimony and/or maintenance of
wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and
possible claims by one against the other or against their respective estates.
NOW THEREFORE, in consideration of the promises and of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable consideration,
receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each
intending to be legally bound hereby, covenant and agree as follows:
1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS
This Agreement shall not be considered to affect or bar the right of Wife or Husband 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. This Agreement is not intended to condone
and shall not be deemed to be a condonation on the part of either party hereto of any act or acts
on the part of the other party which have occasioned the disputes or unhappy differences which
have occurred prior to or which may occur subsequent to the date hereof. The parties intend to
secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301 (c) of the
Divorce Code of 1980 as amended by Act No. 1990, 206 effective March 19, 1991.
2. EFFECT OF DECREE. NO MERGER
Neither party to any such action shall ask alimony or support contrary to the provisions of
this Agreement. It is further specifically understood and agreed that the provisions of this
Agreement relating to the equitable distribution of property of the parties are accepted by each
party as a final settlement for all purposes whatsoever. Should either of the parties obtain a
decree, judgment, or order of separation or divorce in any other state, country, or jurisdiction,
each of the parties to this Agreement hereby consents and agrees that this Agreement and all of
its covenants shall not be affected in any way by any such separation or divorce; and that nothing
in any such decree, judgment, order, or further modification or revision thereof shall alter, amend
or vary any term of this Agreement, whether or not either or both of the parties should remarry, it
being understood by and between the parties that this Agreement shall survive and shall not be
merged into any decree, judgment, or order of divorce or separation.
3. DISTRIBUTION DATE
The transfer of property, funds and/or documents provided for herein shall take place
simultaneously with the execution of this Agreement.
4. ADVICE OF COUNSEL,
The provisions of this Agreement and their legal effect have been fully explained to the
parties by their respective counsel, Max J. Smith, Jr., Esquire, for Husband, and Ruby D. Weeks,
I
Esquire, for Wife. The parties acknowledge that they have received independent legal advice
from counsel of their selection and that they fully understand the facts and have been fully
informed as to their legal rights and obligations and they acknowledge and accept that this
Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and
voluntarily, after having received such advice and with such knowledge and 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 or agreements.
5. FINANCIAL DISCLOSURE
A. The parties confirm that each has relied on the substantial accuracy of the
financial disclosure of the other as an inducement to the execution of this Agreement, and
that Wife does not wish to exercise her right to have appraisals by experts as to the value
of the various interests of Husband. She understands that such appraisals would be
necessary to fix the fair market value of these interests for purposes of equitable
distribution.
B. 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 information exchange of information by the parties' attorneys and
this Agreement between the parties is based upon this disclosure.
C. Each party acknowledges that they have been informed they may have the
right, as provided by statute and Pennsylvania Rules of Civil Procedure, to obtain
information regarding the parties' finances. Such information would include, without
limitation, their present and past income; and the identity and value of assets both
presently owned and transferred previously. Such information may be obtained by one or
more of several methods including depositions upon oral examination, written
interrogatories, production of documents or entry upon property for inspection. The
parties agree to waive any further discovery.
6. PERSONAL RIGHTS
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 fully as if they were unmarried. They may reside at such place or places as they
may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any
business, occupation, profession or employment which to him or her may seem advisable.
7. MUTUAL RELEASES
Husband and Wife each do hereby mutually remise, release, quitclaim and forever
discharge the other and the estate of such other, for all time to come, and for all purposes
whatsoever, of and from any and all rights, title and interest, or claims in or against the property
(including income and gain from property hereafter accruing) of the other or against the estate of
such other, of whatever nature and wheresoever situate, which he or she now has or at any time
hereafter may have against such other, the estate of such other or any part thereof, whether
arising out of any former acts, contracts, engagements or liabilities of such other or by way of
dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights,
family exemption or similar allowance, or under the intestate laws, or the right to take against the
spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other
rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the
laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c)
any other country, or any rights which either party may have or at any time hereafter have for
past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees,
equitable distribution, costs or expenses, whether arising as a result of the marital relation or
otherwise, except, and only except, all rights and agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the breach of any thereof. It is the
intention of Husband and wife to give to each other by the execution of this Agreement a full,
complete and general release with respect to any and all property of any kind or nature, real,
personal or mixed, which the other now owns or may hereafter acquire, except and only except
all rights and agreements and obligations of whatsoever nature arising or which may arise under
this Agreement or for the breach of any thereof.
8. EQUITABLE DISTRIBUTION OF PROPERTY
It is specifically understood and agreed that this Agreement constitutes an equitable
distribution of property, both real and personal, which was legally and beneficially acquired by
Husband and wife or either of them during the marriage, as contemplated by The Act of April 2,
1980 (P.L. 63, No, 26) known as "The Divorce Code," 23 P.S. 3101 et. seq. of the
Commonwealth of Pennsylvania, as amended.
And further, that the parties have attempted to divide their marital property in a manner
which conforms to the criteria set forth in 3502 of the Pennsylvania Divorce Code, and taking
into account the following considerations: the length of the marriage, the prior marriages of the
parties; the age, health, station, amount and sources of income, vocational skills, employability,
estate, liabilities and needs of each of the parties; the contribution of one party to the education,
training, or increased earning power of the other party; the opportunity of each party for future
acquisition of capital assets and income; the sources of income of both parties, including but not
limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each
party in the acquisition, preservation, depreciation, or appreciation of marital property, including
the contribution of a party as a homemaker; the value of the property set apart to each party; the
standard of living of the parties established during the marriage; and the economic circumstances
of each party at the time the division of property is to become effective.
9. REAL PROPERTY
The parties recognize that they own as tenants by the entirety real property known as
2959 Maple Road, Camp Hill, Cumberland County, Pennsylvania, 17011, which deed is
recorded in the Cumberland County Recorder of Deeds Office at Deed book "28" Volume "M"
Page 549. For the mutual promises and covenants contained in this Agreement, Wife agrees to
convey to Husband all right, title, claim, or interest she may have by equitable distribution or
otherwise in and to this property. This conveyance shall take place within thirty (30) days of the
date of this Agreement. It is recognized that this conveyance is subject to an existing first
mortgage naming the PSECU as mortgagee, said mortgage being recorded in the office of the
Cumberland County Recorder of Deeds Office at Mortgage Book 881, Page 883, and having an
approximate balance of approximately $10,900.00 as of February 2, 1999. Husband agrees to
indemnify Wife for any loss, including counsel fees, that she might suffer as a result of default
upon this mortgage. Further, Husband shall have the mortgage balance placed in his separate
name, obtain the mortgager's consent and remove wife's name from the mortgage debt or satisfy
the present joint obligation within 30 days of the signing of this agreement. Husband shall be
solely responsible for payment of any costs of transferring title to the marital residence to him.
10. DISTRIBUTION OF PERSONAL PROPERTY
The parties hereto mutually agree that they have effected a satisfactory division of the
furniture, household furnishings, appliances, and other household personal property between
them; except that Wife is to receive additional personal property, as per Appendix "A" attached
hereto and made a part hereof. They mutually agree that each party shall from and after the date
hereof be the sole and separate owner of all such tangible personal property presently in his or
her possession, and this Agreement shall have the effect of an assignment or bill of sale from
each party to the other for such property as may be in the individual possession of each of the
parties hereto.
The parties hereto have divided between themselves, to their mutual satisfaction, all items
of tangible and intangible marital property, which they estimate at $6,000.00 in value. Husband
is receiving the vt'ue of 2/3 of these items, the wife is receiving the value of 1/3 of these items.
Neither party shall make any claim to any such items of marital property, or of the separate
personal property of either party, which are now in the possession and/or under the control of the
other. Should it become necessary, the parties each agree to sign, upon request, any titles or
documents necessary to give effect to this paragraph. Property shall be deemed to be in the
possession or under the control of either party if, in the case of tangible personal property, the
item is physically in the possession or control of the party at the time of the signing of this
Agreement and, in the case of intangible personal property, if any physical or written certificate
of insurance or other similar writing is in the possession or control of the party. Husband and
Wife shall each be deemed to be in the possession and control of his or her own individual
pension or other employee benefit plans or retirement benefits of any nature with the exception
of social security benefits to which either party may have a vested or contingent right or interest
at the time of the signing of this Agreement, and neither will make any claim against the other
for any interest in such benefits.
From and after the date of the signing of this Agreement both parties shall have complete
freedom of disposition as to their separate properly and any property which is in their possession
or control pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise
encumber or dispose of such property, whether real or personal, whether such property was
acquired before, during or after marriage, and neither Husband nor wife need join in, consent to,
or acknowledge any deed, mortgage, or other instrument of the other pertaining to such
disposition of property.
U GENERAL
(1) Husband hereby waives all interest in Wife's property including but not limited to
all accounts, certificates of deposit and securities.
(a) $6,000.00 from joint PSECU account number 0059360379
(b) PSECU account number 0125383311 amount of $1,037.00
(c) Harris Savings account number 0100004257 amount of $10,366.00
(d) Vanguard Prime 09906654234 amount of $6,554.00
(e) Vanguard Prime 09906649922 amount of $3,702.00
(f) Ashland Inc. 3001992870 amount of $968.00
(g) Scudder Medium Term Tax Free Fund 9974002220-7 amount of
$3,410.00
(h) Scudder PA Tax Free Fund 9974002220-7 amount of $19,550.00
(i) Cash $120.00
(2) Wife hereby waives all interest in Husband's property including but not limited to
all accounts, certificates of deposit, and securities.
a) $12,382.00 from joint PSECU account number 0059360379
b) PSECU account number 1059360379 amount of $1,667.00
C) CD PSECU 059-36-0379 amount of $1,757.00
d) Cash $50.00
12. MOTOR VEHICLES
With respect to the motor vehicles owned by one or both of the parties, they agree as
follows:
(a) The 1990 Toyota Corolla titled to Husband, shall become and remain the sole and
exclusive property of the Husband. There is no debt against this vehicle.
(b) The 1990 Honda Accord, titled to wife, has become and will remain the sole and
exclusive property of the Wife. There is no debt against this vehicle.
13. ANTIOUE HOUSEHOLD PROPERTY
Husband and Wife hereby agree that certain antique items which have passed through
each of their families, shall remain the sole and separate property of each and both parties hereby
acknowledge that they will make no claim upon same.
14. FILING INVENTORIES AND APPRAISEMENT
The parties further acknowledge their understanding that they each have the right to file
Inventories and Appraisement with the Court and to require the other party to do so. Such
Inventories and Appraisement require a party to indicate, under oath, information regarding all
marital property in which either party has an interest as of the date the action was commenced.
Fully knowing the same, each party nonetheless waives their respective rights to request
additional discovery be conducted, to file Inventories and Appraisement with the Court, or to
require the other party to do so.
15. DOCUMENTS TO BE FURNISHED
Wife agrees to provide Husband upon execution of this Agreement the original records,
bills, receipts and other documents concerning the purchase of and improvements to the marital
residence, warranty documents, bills, receipts, and other records involving purchase of major
appliances, heating and/or air conditioning system, vehicles or other property being transferred to
Husband.
Both Husband and Wife agrees to provide each other with information as to policy
numbers, company names and addresses, and proof of beneficiary designations of any and all life
insurance policies mentioned in this Agreement. Additionally, Husband agrees to provide Wife
with copies of any and all joint tax returns filed by the parties.
16. AFTER-ACQUIRED PERSONAL PROPERTY
Each of the parties shall hereafter own and enjoy, independently of any claim or right of
the other, all items of personal property, tangible and intangible, subsequently acquired by the
other party.
17. DEBTS
Marital Debts: Husband and wife agree that there are no debts incurred by Husband and
Wife during the marriage which are outstanding other than the mortgage to PEECU. Husband to
assume full responsibility for payment of joint PSECU VISA account 4121340001515630 for the
existing balance at the time of separation, and Husband agrees to hold wife harmless of same.
This has already been accomplished.
Future Debts: Husband and Wife hereby mutually agree that subsequent to the
execution of this Agreement neither party shall incur any debts which will obligate the other to
make payment for same. Husband and wife hereby acknowledge that there are no outstanding
bills or other indebtedness which have been incurred by either for the liability of the other, and
both parties hereby covenant and agree that neither shall have any financial obligation to pay any
financial obligations which are solely the financial obligation of the other and which have been
contracted by either party solely for their own benefit and without the knowledge or consent of
the other party. Husband and Wife further agree that they will indemnify the other from any and
all claims or demands made against the other by reason of any debts or obligations contracted in
violation of this Agreement.
18. WARRANTY AS TO EXISTING OBLIGATIONS
Each party represents that they have 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 or 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 them, including those for necessities, except for the
obligations arising out of this Agreement.
19. ASSUMPTION OF LIABILITIES
This provision sets forth the method for the payment and assumption of the debts and
liabilities of the parties. Since the assumption is not binding on the creditor, the party assuming
the debt agrees to indemnify the other party in the event the creditor seeks to hold such other
party liable. Should the parties wish to bind the creditor and relieve the original debts from all
liability, a novation should be executed.
20. INCOME TAX PRIOR RETURNS
The parties have heretofore filed joint federal, state and local income tax returns.
Husband agrees that in the event any deficiency in federal, state, or local income, real estate or
personal tax is proposed, or any assessment of any such tax is made against Wife by reason of
Husband havingjoined in the filing of said joint returns or by reason of Husband's prior omission
to file returns or pay such, Husband will indemnify and hold Wife harmless from and against any
loss or liability for any such tax deficiency or assessment and any interest, penalty, and 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 is finally determined to be
attributable to Wife's misrepresentations or failures to disclose the nature and extent of Wife's
separate income on the aforesaid joint returns.
21. ALIMONY
The parties agree that Husband shall pay to Wife fifteen percent (15%) of his gross
contractual salary each month. This amount shall not include any summer or overtime earnings.
Husband agrees to provide Wife within 10 days of any change in the amount of his contractual
salary, proof of the amount of his contractual salary and an appropriate adjustment shall then be
made annually of July 1 as to the dollar amount of payments to Wife. Effective with the signing
of this agreement, this shall continue until December 31, 2003, or until Wife remarries or
Husband's death.
10
22. CONTINUATION OF HEALTH INSURANCE BENEFITS FOR WI17E
A. Wife elects to maintain her group health and medical insurance, under the
applicable provisions of COBRA, with Husband's group health insurance plan. Wife shall
be responsible for the payment of premiums for the plan, for a period not to exceed three
years. The parties agree that a notice of election be provided wife to complete and then
shall forthwith be sent by Husband to Husband's employer upon the grant of a decree in
divorce.
B. i) Husband hereby agrees to make election with his employer within ten
(10) days of the date of the judgment of divorce for continued coverage for the
Wife under his present health coverage plan.
ii) Wife acknowledges that said coverage will be for a maximum of
three (3) years from the date of the judgment of divorce.
iii) Wife agrees to make timely payment of the premiums necessary
in order to maintain the insurance and Husband will provide proof of insurance as
well as any medical coverage identification that is made available.
23. RETIREMENT FUNDS
A. The parties acknowledge and agree that the following accurately reflects the
various IRA and retirement plan assets acquired during the marriage. They further agree
that the Domestic Relation's Order attached as Exhibit "B" hereto and made a part hereof,
shall be entered in the divorce action by agreement of the parties.
B. The Husband, a senior professor of communication at Harrisburg Area
Community College for twenty nine (29) years, has not only social security benefits, his
Fidelity overseas IRA, with a May 10, 1999 value of $5,197.00, but the four TIAA/CREF
retirement annuities as noted on Exhibit "B" attached hereto and made a part hereof, with
an agreed value of $611,633.00 as of December 31, 1998. Wife shall receive 61% of
Husband's T1AA/CREF Retirement Annuity and 100% of his TIAA/CREF Supplemental
Retirement Annuity, as of January 1, 1999, together with any investment experience
thereon from said date.
C. The wife, a federal employee from December of 1970, presently receiving
disability retirement, has never contributed to Social Security. She had been on workers
compensation from February 1990 until May 1998, when she began receiving federal
disability retirement. Wife's Personnel Management Retirement payments are considered
by the parties to be her separate income and are not subject to equitable distribution upon
dissolution of the marriage. At wife's age 65, these disability retirement payments shall
convert to regular retirement benefits. These benefits shall solely be the property of Wife.
24. DIVORCE
Husband and Wife agree that Wife shall file a Complaint in divorce seeking a divorce on
the basis of mutual consent. Husband and Wife both agree that ninety (90) days following the
filing of a Divorce Complaint by Wife that both parties will execute the required Affidavits of
Consent to be filed with the Court to allow the Court to grant a divorce on the basis of mutual
consent. Wife agrees to pay all counsel fees, costs, and expenses incident to obtaining the
aforesaid divorce.
AND the parties hereto state and agree that this Agreement shall not in any way be
construed as a collusive agreement.
25. ATTORNEY FEES. COSTS & EXPENSES
The parties agree to waive receipt of and to be responsible for their own attorney fees,
costs and expenses in connection with the negotiation and preparation of this Agreement and the
granting of a divorce decree.
26. BREACH OF AGREEMENT
If either party fails in the due performance of obligations under this Agreement at their
election, the non-breaching party shall have the right to sue for damages for breach of this
Agreement or to rescind same and seek such legal remedies as may be available to them. The
breaching party will be responsible for actual legal fees and costs incurred by the non-breaching
party necessary to the enforcement of this Agreement.
12
27. NOTICE PROVISIONS
A. Notice to Husband shall be sent by certified mail, return receipt requested, to
2959 Maple Road, Camp Hill, Pennsylvania, 17011, or such other address as Husband
from time to time may designate in writing.
B. Notice to wife shall be sent by certified mail, return receipt requested, to 19A N.
York Road, Dillsburg, Pennsylvania, 17019, and Ruby D. Weeks, Esquire, at 10 West
High Street, Carlisle, Pennsylvania, 17013, or such other address as wife from time to
time may designate in writing.
28. LAW OF PENNSYLVANIA APPLICABLE
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania which are in effect as of the date of execution of this Agreement.
29. AGREEMENT BINDING 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.
30. SEVERABILITY
If any term, condition, clause or provision of this Agreement shall be determined or
declared to be void or invalid in law or otherwise, then only that term, condition, clause or
provision shall be stricken from this Agreement and in all other respects this Agreement shall be
valid and continue in full force, effect and operation. Likewise, the failure of any party to meet
her or his obligations under any one or more of the paragraphs herein, with the exception of the
satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations
of the parties.
31. INTEGRATION
This Agreement constitutes the entire understanding of the parties and supersedes any
and all prior agreements and negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
13
32. NO WAIVER OF DEFAULT
This Agreement shall remain in full force and effect unless and until terminated under
and pursuant to the terms of this Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall in no way affect the right of such
party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be
construed as a waiver of any subsequent default of the same or similar nature, nor shall it 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.
33. WAIVER OR MODIFICATION TO BE IN WRITING
No modification or waiver of any of the terms hereof shall be valid unless in writing and
signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a
waiver of any subsequent default of the same or similar nature.
34. SUBSEQUENT DIVORCE
It is contemplated that Wife will proceed with a Complaint in Divorce against Husband in
the near future. Husband and Wife each agree to sign an Affidavit of Consent and an Affidavit
waiving counseling to be filed in said divorce action. In the event such divorce action is
concluded, Husband shall be entitled to receive a copy of the Decree in Divorce for the normal
fee charged by the Prothonotary and shall not be assessed any costs of the proceeding, except as
previously agreed to herein in Paragraph 27. In the event such divorce action is concluded, the
parties shall be bound by all the terms of this Agreement, which shall not be incorporated by
reference into the Divorce Decree, and this Agreement shall not be merged in such Decree, but
shall in all respects survive the same and be forever binding and conclusive upon the parties.
35. MUTUAL COOPERATION
Each party shall, at any time and from time to time hereafter, take any and all steps and
execute, acknowledge and deliver to the other party any and all further instruments and/or
14
documents that the other party may reasonably require for the purpose of giving full force and
effect to the provisions of this Agreement.
36. OTHER DOCUMENTATION
Wife and Husband covenant and agree that they will forthwith (and within at least ten
(10) days after demand therefore) execute any and all written instruments, assignments, releases,
satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper
effectuation of this Agreement, and as their respective counsel shall mutually agree should be so
executed in order to carry out fully and effectively the terms of this Agreement.
37. HEADINGS NOT PART OF AGREEMENT
Any headings preceding the text of the several paragraphs and subparagraphs hereof are
inserted solely for convenience of reference and shall not constitute a part of this Agreement nor
shall they affect its meaning, construction or effect.
38. TAX REFORM ACT
The parties acknowledge that the Tax Reform Acts of 1984 and 1986, and 1998, and all
amendments thereto, created dramatic changes in the tax law as it affects the dissolution of
marriages, including but not limited to the tax consequences of support payments and all taxes
associated with the division of property. Ruby D. Weeks, attorney for the Plaintiff, does not hold
herself out as being an expert in tax related matters and, therefore, has recommended that the
parties obtain competent tax advice from an independent source. By execution hereof, the parties
have acknowledged such recommendation and, if they so desire, have sought and obtained
advice with regard to matters of concern to them, as contemplated herein.
39. INTERDEPENDENCY
The parties agree that the separate obligations contained in this agreement shall be
deemed to be interdependent. If any terms, conditions, clause or provision of this agreement shall
be determined by a court of competent jurisdiction to be invalid or unenforceable, then the
parties agree that the agreement may be reviewed and renegotiated in order to fulfill as closely as
15
Possible the purpose of the invalid provision. Notwithstanding any releases contained herein, the
parties intend that they may reinstate previously pleaded economic claims to the extent permitted
by the Divorce Code.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
I& a&6 -
WITNESS
C ,
WITNESS
RAYMOND JOSP-PH
g, hwv-?
NANCY R. HERER
16
OMMONWEALTH OF PENNSYLVANIA :
SS
COUNTY OF DAUPHIN
On this, the 10'h day of May, 2000, before me, a Notary Public, the undersigned officer,
personally appeared Raymond Joseph Sherer, known to me to be the person whose name is
subscribed to the within Property Settlement Agreement, and acknowledged that he executed the
same for the purposes therein contained.
L
_
WTAFAAL
? 71L
STACY 8TENM Nom Rtblk l ?Cr
Pu lic
mmmdstown Born, Count' Not"
my Commisdan Expi "E 2001
COMMONWEALTH OF PENNSYLVANIA :
SS
COUNTY OFe*bPH}N aw MUtv9
On this, the 10 s day of May, 2000, before me, a Notary Public, the undersigned officer,
personally appeared Nancy R. Sherer, known to me to be the person whose name is subscribed to
the within Property Settlement Agreement, and acknowledged that she executed the same for the
purposes therein contained.
Notary Public
NOTARIAL SEAL
CHARLES A. HARBOLD, Wary Public
Camp HiII, Cumberland County
My Commkson Expires Dec. 30, 2002
17
EXHIBIT "A"
Nancy R. Sherer to retain ownership in the following items, currently at 2959 Maple Road:
1. Cartons and miscellaneous objects stored in back wing of the attic.
2. Three cartons of clothes and memorabilia stored in the north area of the attic.
3. Black trunk used by Kris for college that is now filled with quilting supplies.
4. Two cotton summer blankets in the attic, one pink and one green.
5. Children's toys and furniture in the attic, except those items that belonged to Husband as
a child.
6. Pie basket and Pfaltzgraff cookie jar (gifts from Wife's mother).
7. Two rattan chairs.
8. Sewing machine (on loan to wife from Kris and currently on loan from Erica to Aryn
Lentz).
9. "Madonna dell Scala" Michelangelo drawing.
10. Paul Simon's "Graceland" CD, if it turns up.
The Wife reserves the right to take possession of family belongings that Husband may
decide to get rid of in the future, namely wedding and other gifts acquired throughout the years,
and furniture that Wife refinished, purchased, or was handed down from family members.
Before Husband disposes of any possessions that may belong to one of the children he
must first check with the children to see if they want them.
18
R cI
c'
v ci (j
a
z
ma
as
a 7 4J
1
wz w
C
ro .]
z
o N
C: '° v
O
w
EW H
ro
ww
x z
z
a a)
w 0
O 3 q
a 0 O
wz a
I
0 0' S
0
V a
W w H 0
14 0 U) A ° a
0
zE V M C
O
a
o
z x a A
w
V £
I c o HLl
I
L
N
Z a
UU
H ,'
Z a
m
M
r
M
O
z
NANCY R. SHERER,
Plaintiff
V.
RAYMOND JOSEPH SHERER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 3739 Civil Term 1999
CIVIL ACTION - LAW
IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
AND NOW, THIS day of .I Lw r 2000, it appears to the Court as
follows:
1. The parties hereto were husband and wife, seek this Order in conjunction with a
final decree of dissolution of marriage dated 2000 in that action pending in
this court at the above number.
2. Raymond Joseph Sherer, social security number 059-36-0379, hereinafter referred
to as "Defendant" or "Participant", is presently employed by Harrisburg Area Community
College and is a participant in the Teachers Insurance and Annuity Association - College
Retirement Equities Fund, hereinafter "TIAA-CREF", having the following Retirement
Annuities:
TIAA RA Contract #A456178-1
CREF RA Certificate #P456178-8
TIAA SRA Contract #K338091-8
CREF SRA Certificate #J338091-0
3. Raymond Joseph Sherer current and last known mailing address is: 2959 Maple
Road, Camp Hill, PA 17011.
4. Nancy R. Sherer's current and last known mailing address: 19A North York
Road, Dillsburg, PA 17019 and social security number 125-38-3311.
5. To accommodate the marital/community property distribution between the
parties, IT IS ORDERED, ADJUDICATED AND DECREED AS FOLLOWS:
a. That the TIAA-CREF annuities previously referenced are marital property;
b. That subject to the finalization of the divorce and the execution of the documents
required by TIAA-CREF and the terms of said annuities, the following portions shall be awarded
to the alternate payee as sole and exclusive property to be applied to TIAA-CREF annuities
subject to the terms and limitations of said annuities.
61% of the accumulation under TIAA RA Contract No.: A456178-1, as of December 31,
1998.
61% of the accumulation under CREF RA Certificate No.: P456178-8, as of December
31, 1998.
100% of the accumulation under TIAA SRA Contract No.: K338091-8, as of December
31, 1998.
100% of the accumulation under CREF SRA Certificate No.: J338091-0, as of December
31, 1998
The values actually transferred will reflect interim interest and dividend earnings in
TIAA, and investment experience in CREF from December 31, 1998 until the transfer is
recorded by TIAA-CREF. All ownership rights in the newly issued annuities will belong to
Nancy R. Sherer, alternate payee. All ownership and interest in the balance of the accumulations
in all contracts issued by TIAA-CREF will belong to Raymond Joseph Sherer, participant.
C. The parties are directed to timely submit to TIAA-CREF all documents, including
Releases (If required by TIAA-CREF) to finalize this order.
6. This Order:
a. Does not require any Plan to provide any type of form of benefit, or any option,
not otherwise provided under the Plan, and;
b. does not require TIAA-CREF to provide increased benefits and:
C. does not require the payment of benefits to an Alternate Payee which are required
to be paid to another Alternate Payee under another Order previously determined to be a
Qualified domestic Relations Order.
This Court reserves jurisdiction to issue further orders as needed to execute this
order.
BY THE COURT:
" CO- ? I
6?2 '7 J.
?_..
i `c. Jr,.:: Lc;.. ?,??
DETERMINATION AS TO QUALIFICATION OF DOMESTIC RELATIONS ORDER
NOTICE TO PARTiCPANT AND ALTNERATE PAYEE AND AGREEMENT TO
COMPLAY WITH ORDER
Pursuant to the requirements of the Retirement Equity Act of 1984, TIAA-CREF, as the
funding vehicle for a retirement plan in which Raymond Joseph Sherer is a participant, hereby
states as follows:
1. The attached Order of the Court of Common Pleas of Cumberland County,
Pennsylvania dated 7 , 2000, is a Qualified Domestic Order; and
2. The Participant and the Alternate Payee are hereby notified as to the qualification
of said Order; and
3. The undersigned will comply with all of the applicable terms and conditions of
said Order upon receipt of the proper documentation.
DATED this day of
2000
for TIAA-CREF
CONSENT OF PARTIES TO DISTRIBUTION OF TIAA-CREF ACCOUNTS
AS PER QUALIFIED DOMESTIC RELATIONS ORDER
I, Raymond Joseph Sherer, Social Security number 059-36-0379, Defendant in this
divorce action and participant in TIAA-CREF agree and authorize distribution of my accounts as
per the Qualified Domestic Relations Order herein.
Raymond Joseph Sherer, Participant
Nancy R Sherer, Alternate Payee
1
L
U?? ? 7?
La ?'..
rrff l_J
d. ?
?, •?i
??) "
(
? -r
r?
;._
? N?
r ?.?..-?
?.?iy
?' ? ?nri
Ci C
NANCY R. SHERER,
Plaintiff
V.
RAYMOND JOSEPH SHERER,
Defendant
To the Prothonotary:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
#3739-99 CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
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)
2. Date and manner of service of the complaint: Certified mail restricted
delivery No. Z 013 333 981 mailed June 21, 1999 service was accepted on
June 24, 1999.
3. (Complete either paragraph (a) or (b) .)
(a) Date of execution of the affidavit of consent required by Section
3301(c) of the Divorce Code: by the plaintiff May 10, 2000; by the defendant May
10, 2000.
4. Related claims pending: opgo hac attic t
TIAA/CREFveA--Erem
5. (a) Date and manner of service of the notice of intention to file
praecipe to transmit record, a copy of which is attached:
(b) Date plaintiff's Waiver of Notice in § 3301(c) Divorce was filed with
the prothonotary: May 19. 2000
Date defendant's Waiver of Notice in § 3301(c) Divorce was filed
with the prothonotary: May 19. 2000
Date: May 19, 2000 4 At rney or the Plaintiff
?-
Lrj
yz a
:zLU
n3 °-
c°) v
NANCY R. SHERER,
Plaintiff
V.
RAYMOND JOSEPH SHERER,
Defendant
IN THE COURT OF COMMON PLEAS OF
s CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
#99 3739 CIVIL TERM
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 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, 17013.
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 TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
NANCY R. SHERER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
IN DIVORCE
RAYMOND JOSEPH SHERER,
Defendant 99. ,j 739 CIVIL TERM
AFFIDAVIT OF MARRIAGE COUNSELING
I, Nancy R. Sherer, being duly sworn according to law, depose and say:
1. 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 or do not request that the Court require that my
spouse and I participate in counseling prior to a divorce decree being
handed down by the court.
I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities.
Dated: Ju4e l? /G99
4L-4.
Nancy R. herer, Plaintiff
Sworn and subscri d to
befor me this day 1991
of 1911
L
Notary Public
CerdA. R ?atSeal
Carlisle ?rosCbach, Notary p? yc
?' Commtsslon Expires jam Cos
?? une 28, iJgg
A°BOtlNlanaNo?,gs
NANCY R. SHERER,
Plaintiff
V.
RAYMOND JOSEPH SHERER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
# 99.3739' CIVIL TERM
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW COMES, Nancy R. Sherer, Plaintiff, by her attorney, Ruby D. Weeks,
Esquire, who avers as follows:
1. Plaintiff, an adult sui juris, is Nancy R. Sherer, a U. S. citizen, who
currently resides at 19A N. York Road, Dillsburg, York County,
Pennsylvania 17019, since January, 1999.
2. Defendant, an adult sui juris, is Raymond Joseph Sherer, a U. S. citizen,
who currently resides at 2959 Maple Road, Camp Hill, Cumberland County,
Pennsylvania 17011, since May, 1979.
3. Plaintiff and Defendant have been a bona fide resident(s) 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 July 27, 1968, at Buffalo,
Erie county, New York.
5. There have been no prior actions of divorce or for annulment between the
parties in this or any other jurisdiction.
6. Neither party is a member of the Armed Forces of the United States.
7. The marriage is irretrievably broken.
8. Plaintiff and Defendant have lived separate and apart since January 1,
1999.
9. Plaintiff has 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.
10. Plaintiff requests the Court to enter a decree of divorce.
11. Paragraphs 1 through 10 are hereby incorporated by reference and made a
part hereof.
12. The marriage is irretrievably broken.
a. Plaintiff and Defendant have lived separate and apart since January
1, 1999.
13. Plaintiff has been advised as to the availability of counseling and that
she may have the right to request that the Court require the parties to
participate in counseling.
14. Plaintiff requests the Court to enter a decree of divorce.
COUNT II - REQUEST FOR DIVISION OF PROPERTY
UNDER SECTION 53502 OF THE DIVORCE CODE
15. Paragraphs 1 through 14 are hereby incorporated by reference and made a
part hereof.
16. The parties purchased or otherwise obtained during the course of their
marriage property which is considered "marital property".
17. Upon entry of a divorce decree, such property should be divided equitably
as is just and proper.
18. Paragraphs 1 through 17 are hereby incorporated by reference and made a
part hereof.
19. Plaintiff lacks sufficient means of support at present to fully provide
for her reasonable needs, despite the fact she is employed. Plaintiff
requests an award of alimony pendants lite.
20. Plaintiff requires reasonable support to adequately maintain herself in
accordance with the standard of living established during the marriage.
21. Defendant is financially able to provide for the reasonable needs of
Plaintiff.
WHEREFORE, plaintiff prays that a decree in divorce be entered divorcing
plaintiff from the bonds of matrimony between the said plaintiff and defendant.
22. a. As to Count I, that a decree in divorce be entered divorcing
Plaintiff from the bonds of matrimony between the said Plaintiff and
Defendant, in the alternative, should Defendant execute an Affidavit
consenting to a divorce because the marriage is irretrievably
broken, that a decree in divorce be entered divorcing Plaintiff from
the bonds of matrimony between the said Plaintiff and Defendant.
b. As to Count II, that this Court determine marital property and order
an equitable distribution thereof.
C. As to Count III, that Plaintiff be awarded alimony pendente lite
until final hearing and permanent alimony thereafter.
d. Such other additional relief as the Court deems necessary and
appropriate.
I verify that the statements made in this Complaint are true and correct.
I understand that false statements herein are made subject to the penalties of
18 Pa. C.S. 54904, relating to unsworn falsification to authorities.
Date: dieAe /K / 999
Nancy R. Sherer, Plaintiff
Ruby D. Weeks, Esquire
Attorney for Plaintiff
10 West High Street
Carlisle, PA 17013
(717) 243-1294
OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ea
The above named, Nancy R. Sherer, being duly sworn according to law, deposes
and says that the facts contained in the foregoing complaint are true and
correct, and the Complaint is not made out of levity or by collusion between her
and the said Defendant for the mere purpose of being freed and separated from
each other, but that it is brought in sincerity and in truth for the cause
mentioned in the said Complaint.
Nancy R. Sherer, Plaintiff
Sworn and aubecr' ed to
befo a rn this day
of 1;rd- .
Notary Public
Notarial Seal
Carol A. Reidenbach, Notary Pulydc
Carlisle Boro, Cumberland Corny
My Commission Expires June 28, 1999
Member, PennsA AaASSOtlabonol NOarlee
J
?l
14
J
J [i?GJ
H Ml
C4
J. H x 0
y y S M H ? O
X
2 N H
x 7
y M
R
Nt
N
? S
d I+
N N
NyM
e % n
m
p
N
N
1717i 243-,;,.
N
A
N =
M ?
M
x
M
n n
? ? O
O
O O
< ? n M
r o o?n
? x o
x
N
b M
NANCY R. SHERER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 3739 Civil Term 1999
RAYMOND JOSEPH SHERER, CIVIL ACTION - LAW
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT AND
WAIVER OF COUNSELING
A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
June 21, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days
have elapsed since the date of filing and service of the Complaint.
3. 1 consent to the entry of a Final Decree of Divorce after service of notice of
intention to request entry of the decree.
4. I have been advised of the availability of marriage counseling and understand that
I may request that the Court require that my spouse and I participate in counseling. I further
understand that the Court maintains a list of marriage counselors in the Prothonotary's Office,
which list is available to me upon request. Being so advised, I do not request that the Court
require that my spouse and I participate in counseling prior to a decree being handed down by the
Court.
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.
Date: l? a ?aT)k?y le. (??u^
NANCY R. HERER
M
r,
b th
K
C-. w
Cl-
cam-. U
NANCY R. SHERER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 3739 Civil Term 1999
RAYMOND JOSEPH SHEREK, CIVIL ACTION -LAW
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT AND
WAIVER OF COUNSELING
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
June 21, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days
have elapsed since the date of filing and service of the Complaint.
I consent to the entry of a Final Decree of Divorce after service of notice of
intention to request entry of the decree.
4. 1 have been advised of the availability of marriage counseling and understand that
I may request that the Court require that my spouse and I participate in counseling. I further
understand that the Court maintains a list of marriage counselors in the Prothonotary's Office,
which list is available to me upon request. Being so advised, I do not request that the Court
require that my spouse and I participate in counseling prior to a decree being handed down by the
Court.
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
unworn falsification to authorities.
Date: s io /• o . !c kPG S?z.
RAYMOND JOSEPH SHERER
r r)
M
u: E) ?
?L T 0.. :?1C
J., T al LLI
0 O U
NANCY R. SHERER,
Plaintiff
V.
RAYMOND JOSEPH SHERER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 3739 Civil Term 1999
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§3301(c) OF THE DIVORCE CODE
I consent to the entry of a Final Decree of Divorce without further 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.
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. 1 understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unswom falsification to authorities.
Date: /O
NANCY R.SHERER
M
Ltl? C7 ??
_
c,
`
u,
=
CL
c? S
z
CD° v
NANCY R. SHERER,
Plaintiff
V.
RAYMOND JOSEPH SHERER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 3739 Civil Term 1999
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
63301(c) OF THE DIVORCE CODE
1. I consent to the entry of a Final Decree of Divorce without further 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 are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
i
Date:
RAYMOND JOSEPH SHERER
J Y (`+
Lu Cl)
?J
cs_: ,Lz
2
O Q
o U
NANCY R. HHERER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff s CUMBERLAND COUNTY, PENNSYLVANIA
:
V. : CIVIL ACTION - LAW
IN DIVORCE
RAYMOND JOSEPH HHERHR,
Defendant : #3739-99 CIVIL TERM
PRAECIPE TO WITHDRAW COUNTS IN DIVORCE
TO THE OFFICE OF THE PROTHONOTARY:
Please withdraw the previous requests for Request for Division of
Property, Alimony and Alimony Pendente Lite, in the above captioned divorce
action since these matters have been satisfactorily resolved between the parties
through a Property Settlement Agreement entered into May 10, 2000.
i
Dated: _S- I g • b d*?'?t/
Ruby D. Wee", Esquire
Attorney for Plaintiff
cc: Ruby D. Weeks, Esquire
Max J. Smith, Jr., Esquire
E. Robert Elicker, II, Esquire, Master in Divorce
C,
W C?
U [?j 'j
?l
r r ,
>
?
?
CC
6 a-
?s i L
cl.
O b U
a
To
YOU ARE HEREBY NOTIFIED TO PLEAD TO
THE ENCLOSED WITHIN
TWENTY 1101 DAYS OF SERVICE HEREOF OR
A DEFAULT JUDGMENT MAY BE ENTERED
AGAINST YOU.
BY
• • AID RNET
LAW OFFICE NZ4-S
WE HEREBY CERTIFY THAT THE WITHIN IS
JAMES, SMITH, DuMUN & CONNELLY, LLP A TRUE AND CORRECT COPY OF THE
ORIGINAL FILED IN THIS ACTION.
P. O. BOX 650
/ /II ?Y ' ATTORNM
HERSHEY, PENNSYLVANIA 17037-0650
i
1
1
I
1
S?.
1
,
r
NANCY R. SHERER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
IN DIVORCE
RAYMOND JOSEPH SHERER,
Defendant #3739-99 CIVIL TERM
AFFIDAVIT OF SERVICE BY MAIL
PURSUANT TO PA R C P 1920.4 (a)(1)(ii)
COMMONWEALTH OF PENNSYLVANIA .
ss
COUNTY OF CUMBERLAND
I, RUBY D. WEEKS, ESQUIRE, Attorney for Nancy R. Sherer, being
duly sworn according to law, depose and say that a true and correct
copy of the Divorce Complaint, was served on Raymond Joseph Sherer,
2 959 Maple Road, Camp Hill, Cumberland County, Pennsylvania, 17011,
by mailing the same to him by certified mail, restricted delivery,
No. Z 013 333 981, on June 21, 1999. Service was accepted on June
24, 1999.
Ruby D. We cs, Esquire
Sworn and subsc b d to
befo a me this day
of 4iLh? , 19.
??aQ (L. ma,yA uJ
Notary Public
WO'UItlAtlfAL
CIM A. AIOiIIOW Naary hhie
Cwbb som Cwebw6w C'K"
Nq C, 1M1, Exom JuM 28, 2003
./ r %
Z 013 333 981
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
,.e....,.i u.a reea .e ,ear
le
s,? r
P 1 O*ICa, t t, b l O
Postage S
Cori Fee
Special Delivery Fee
Restaged Delivery Fee
tie}fan SMwo91a J
a ma .
swwwa
N n
w
Postage '? S O
6WLISLE PA 17013
411168 39.00
DELLINGER h 02
06-21-99
------------------ 16:06:56
------
CUSTOMER
----------------- -------
RECEIPT
-
109 POST VAL IMP --------------
5.85
109 POST VAL IMP 2.75
TOTAL 6.60
CASH T 6.60
CHANGE .00
*** THANK YOU ***
¦ENDE R.m.l .nabr2ror
SENDER: ?°RfRICTED Ielcowiehtoreceivelbe
¦
Pont onqw It¦M s. a,.W u. Pollowinp sarvlcae (for an
I ¦yaWrcumm.aM aaGwmBU r¦Wm N. ?Mffe fN:
¦ pA.lhtlbi tlY. krm b Mr hoot attlr rtq?dow nal 1. ? '
¦Wab'RNUm RagyfRpcwbp?on lna nWlp.o. b.tow at. aakt. numWr. ?•?
;r ¦Tft¦Mwm iMapt wii.tup to whom m. aniUS wu agwraa ana lM yy w?.? ¦¦
afgymo?/ J. sheree
99s9 GI ple aAd
4b. San
? F ,?_Gr811tW
c
171,
¦nc,
Xi
PS Form
December 1994
?:
• ?,
qLl
.-,? )
I
.? ' r