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Home My WebLink About03-5258 JEFFREY L. SHERRICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW TRACY L. SHERRICK, Defendant NO. 2003 - -5;;l5'.g- IN DIVORCE CIVIL 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 grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 JEFFREY L. SHERRICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW TRACY L. SHERRICK, Defendant NO. 2003 - -5~.2 j'f IN DIVORCE CIVIL COMPLAINT Plaintiff, Jeffrey L. Sherrick, by his attorneys, Broujos & Gilroy, P.c., sets forth the following: 1 Plaintiff, Jeffrey L. Sherrick, is an adult individual residing at 238 Meals Drive, Carlisle, Cumberland County, Pennsylvania. 2 Defendant, Tracy L. Sherrick, is an adult individual residing at P.O. Box 1029, Carlisle, Cumberland County, Pennsylvania. 3 The parties were married on June 24, 1989, in Mt. Holly Springs, Cumberland County, Pennsylvania. 4 Plaintiff and Defendant have lived continuously in the Commonwealth of Pennsylvania for at least six months prior to the commencement of this action. 5 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. 6 There have been no prior actions for divorce or annulment in this or any other jurisdiction within the knowledge of the Plaintiff. 7 In accordance with Section 3301(c) of the Divorce Code, the marriage between the parties is irretrievably broken. WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant. BROUJOS & GILROY, Poc. BfJIJ-ta Hubert Xo Gilr , Esquire Attorney for aintiff Broujos & i1roy, Poc. 4 North nover Street Carlisle, PA 17013 717 - 243-4574 I verify that the statements made in the foregoing document 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: Of-J'1-o"!> J~~ ,~ '- ~ s* ~ --c. w \. ~ '" "- . ,\ ~ ~ ~~ \ \~ ~ ~~ t ~ "\ J 0 c~ ~~ ~-:: '- ) , """1:" n , ry' , ':-, , ..-\ ",I 2" I C (-'~ -,; , , - ~c -'1) ;t., '. -~ ""c. ) 00.;" , " " :.) rrl .' - - ~~ (...:.' JEFFREY L. SHERRICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAl'D COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW TRACY L. SHERRICK, Defendant : NO. 2003 - $'.:2S&' : IN DIVORCE CIVIL ACKNOWLEDGEMENT OF SERVICE I, TRACY L. SHERRICK, hereby certify that II have received service of the Divorce Complaint and Notice to Plead in the above matter by personal delivery of these documents to me on the '\ ~ day of October, 2003. Date: \\) ~\~6'J:) o ~ ~J~': U); -0' ~~; ~ (::~; " ',__.i -'i ...,~' .:C) :-, ..-{ I '0 l:.1 r".) .. ~ ) :::> \(,) ;.n -<.,; JEFFREY L. SHERRICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW NO. 2003-52:;8 TRACY L. SHERRICK, Defendant : IN DIVORCl8; AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREI~ UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on October 3, 2003. 2. Defendant acknowledges receipt and accepts sen'ke of the Complaint on or about October 7, 2003. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date ofthe filing ofthe Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: / - 0~ .~.'4'/ ~/ ~.~" Je~. S; ;i.., P1~intiff . / ~.,;-.. \ v) , " .' C'") c,:, JEFFREY L. SHERRICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW : NO. 2003-5258 TRACY L. SHERRICK, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREI\ UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on October 3, 2003. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about October 7, 2003. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. I understand that 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. I verify that the statements made in this affidavit are true and correct. I understand th fals statements herein are made subject to the penalties of 18.P~.C.S. ~4904 reI 'n to swo falsification to authorities. Date: I /? !as-- /n? I I Tfac~ L. Sherri l) I \:) c") c<~ ~ ii': r (...) PROPERTY SETTLEMENT AGREEMENT THIS IS AN Agreement made this 6 day of J) l C~ }Y~E.R , 2003, by and between JEFFREY L. SHERRICK, (hereinafter referred to as Husband) and TRACY L. SHERRICK, (hereinafter referred to as Wife). WHEREAS, Husband and Wife were married on June 24,1989; and WHEREAS, various differences have arisen between Husband and Wife, whereby they have been living separate and apart; and WHEREAS, Husband has commenced a divorce action against Wife docketed at No. 2003 - 5258 in Cumberland County, Pennsylvania; and WHEREAS, the parties desire to enter into an amicable settlement to provide for all of the property rights of the parties and to dispose of the rights and obligations of each to the other in respect to support, maintenance, alimony, counsel fees, equitable distribution, and all other rights and obligations under the Divorce Code of 1980, as amended, and it is the intention and agreement of the parties that this Agreement be a full, compllete and final settlement of all of those rights and obligations under said Divorce Code; and NOW, THEREFORE, for and in exchange of mutual considerations, and intending to be bound by the provisions hereof, the parties agree that th<eir recitals form a part of this Agreement and waive any right to counseling under the Divorce Code of 1980, as amended, and right to counsel fees, costs, alimony, support, maintenance, and any other rights under the said Divorce Code not provided for herein and agree as follows: I The parties agree that it shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or Shl~ may, from time to time, choose or deem fit. Each party shall be free from interference, authority or contact by the other, as fully as if he or she were single and unmarried, except as mllY be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart, from the other. 2 The parties own a mobile home located at 238 Meals Drive., Carlisle, Cumberland County, Pennsylvania. There is currently a debt on the mobile home in joint names payable to Cornerstone. Wife agrees to convey the mobile home to Husband. Husband agrees to assume the debt to Cornerstone, and Husband agrees to indemnify and hold Wife harmless with respect to any and all claims against Wife relative to the Cornerstone debt. Wife wiII execute any and all documentation necessary to transfer the mobile home to Husband. 3 The parties own a 2002 PT Cruiser automobile which is held in joint names. There is a loan owing on the vehicle to Chase Bank. Husband agrees to transfer all title and interest in the 2002 PT Cruiser to Wife. Wife agrees to assume the loan on said vehicle to Chase Bank and further agrees to indemnify and hold Husband harmless with respect to any and all claims relating to the loan. 4 Husband owns an interest in the business of Noble Auto Care. Wife hereby waives any claim or interest in said business, and Wife agrees to execute any and all documentation necessary to perfect this waiver. 5 Husband has an IRA account and Wife hereby waives any claim in that IRA account. The IRA in Husband's name shall be Husband's sole property. 6 Wife represents that she has no IRA account, retirement, or otber similar assets. In the event she does, Husband agrees to waive any title, right or interest in said property and agrees to execute all documentation necessary to perfect this waiver. 7 Each party may maintain all items of personal property currently in their possession and each party hereby waives and releases onto the other party all items of personal property currently in possession ofthe other party. 8 The parties are parents of two minor children, Tara L. Shelrrick, born January 8, 1991 and Megan L. Sherrick, born September 25, 1993. The parties aJ~ree that they shall enjoy shared legal and shared physical custody of the minor children. The actual physical custody arrangements of the minor children shall be handled as a~:reed upon by the parties. The parties acknowledge that the terms of this paragraph are merely an informal agreement between the parties and are not being confirmed as a court order at this time. In the event either party desires to obtain a court order in the future or either party desires to modify the custodial arrangements in any way and the other party is not in agreement, either party may petition the court to have the court review the custody situation. 9 Both parties waive any claim for spousal support or alimony that they may have against the other party. 10 This Agreement has been prepared by the law firm of Broujos & Gilroy, P.C. who is acting as attorney for the Husband in this matter. Wife acknowledg~'s that she has been advised that she could retain separate legal counsel to review this Agreement if Wife so desires. Wife further acknowledges that the law firm of Broujos & Gilroy, P.c. is not representing her in this matter and provided no legal counsel to her. 11 Each party hereby represents they have disclosed all of the marital assets to the other party in the negotiations for the consummation of this Agreement. 12 The parties agree to execute the Consent Affidavits in order to finalize the divorce, the Wife agrees to proceed with finalizing the divorce case. 13 Both parties shall incur their own legal expenses with respect to this divorce litigation. 14 The parties agree that they will not contract or incur any debt or liability for which the other party might be responsible and shall indemnify and save th,~ other party harmless from any and all claims or demands made against that party by reason of such debts or obligations incurred by the other party. 15 Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other sate, country, or jurisdiction, each of the parties 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 dect'ee, judgment, order or further modification and revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or its decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 16 Husband and Wife do hereby mutually remise, release, quit claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now hats or at anytime 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 courtesy of claims in the nature of dower or courtesy, 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 or other rights of the surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country or any right which either party may now have or at anytime hereafter have for past, present or future support or maintenan.:e, alimony, alimony pendente lite, counsel fees, 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 provision 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 provision thereof. 17 Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 18 A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same fonnality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 19 This Agreement contains the entire understanding of tbe parties and there are no representations, warranties, covenants or undertakings other' than those expressly set forth herein. 20 If either party breaches any provision of this Agreement; the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in I~nforcing the rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 21 This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 22 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 tenn, 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. 23 Except as otherwise set forth herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set thdr hands and seals the day and year first above written. WITNESS / JEFFREY L. SHERRICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2003-5258 CIVIL TRACY L. SHERRICK, Defendant CIVIL ACTION - LAW IN DIVORCE AFFlDA VIT OF SERVICE I, Hubert X. Gilroy, being duly sworn according to law do dlepose and state that a copy of the Complaint and Notice to Plea filed in the above referenced matter was served on Defendant Tracy L. Sherrick in person on October 7, 2003. A copy of Ithe Acknowledgement of Service is attached hereto and marked Exhibit A. ri;.s 10 <:: ./ DfW' Hubert X. Gi oy, Esquire Attorney ~ Plaintiff Broujos Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 717 - 243-4574 Sworn and subscribed before me this ~ day Offt~~ ,2005 ,/ Wc-..v...-- NQtaria\ Seal Bridget Ann Corcoran, Notary Public Carlisle Bora, Cumberland County My Commission Expires June 10, 2006 Member, pennsylvania ASSOCIation of Notanes v : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW JEFFREY L. SHERRICK, Plaintiff TRACY L. SHERRICK, Defendant : NO. 2003 -S'.;ln : IN DIVORCE CIVIL o c ' ~; . --t I ,~, ' __) Qj(: -. ! I, TRACY L. SHERRICK, hereby certify that I have received 3&ice ,Qf the ~~ . .; Divorce Complaint and Notice to Plead in the above matter by personal de~t'iY O(thel;ll documents to me on the '\ ~ day of October, 2003. -- ~ ;~ ~ ACKNOWLEDGEMENT OF SERVICE Date: \\) -\-6~ EXHIBIT I A JEFFREY L. SHERRICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 2003-5258 CIVIL TRACY L. SHERRICK, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under Section (X)3301(c) ()3301(d)(l) ofthe Divorce Code. (Check applicahle section.) 2. Date and manner of service of the Complaint: Service was made personally on October 7, 2003 to Defendant and an Acknowledgement of Service was filed with the Cumberland County Courthouse on October 9, 2003. 3. (Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent re1luired by Section 3301(c) of the Divorce Code: By Plaintiff: January 8, 2005; Defendant: January 8, 2005 . (b) (I) Date of execution of the Plaintiffs affidavit required by Section 3301(d) of the Divorce Code:_; (2) Date ofservice of the Plaintiffs affidavit upon the Defendant:_. 4. Related claims pending: None. 5. Complete either (a) (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: February 3, 2005. (c) Date Defendant's Waiver of Notice in ~3302(1:) Divorce was filed with the Prothonotary: February 3, 2005 ubert X. lIroy, Esquire Attorney or Plaintiff Broujos & Gilroy, PC 4 North Hanover Street Carlisle, PA 17013 717-243-4574 :Ii:li:tO:f. :to:Ii :f.:tO:Ii:€ :Ii:f. :f.;F.:f.ff. :Ii " :f. :f.:Ii:f.:liff.:Ii:f.:Ii;F.:Ii:f.;F. . ,. ;F.;+: ;+:;f.:tO:f.;+:;f. :+;;+::;+:;F.;+:,.; :to :to :Ii:f. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . , , , . . . , . , , . , . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . " . . . . . . . . . . , . . . . . . PENNA. STATE OF JEFFREY L. SHERRICK Plaintiff No. 2003 - 5258 VERSUS TRACY L. SHERRICK Defendant DECREE IN DIVORCE /" :z.<<>';-- AND NOW, IT IS ORDERED AND mtVu, JEFFREY J. SHERRICK DECREED THAT , PLAINTIFF, TRACY L. SHERRICK , DEFENDANT, AND 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; Property Settlement Agreement dated December 6, 2003 is incorporated into this Order By TH c;;J PROTHONOTARY ------------- '" . :+:;f. :Ii;+:", .. , . 'f.;f.,+, ,.,;f. . .. , , . . , , . . . . . , . . . , . . . , . . . . . . " . . " . . . . . , . . . . . , , . . . . . . , , . . . . , , . . , . . . . . . . , . , . , . . J. , , , , . . " ,t , ~ z ~ ~J0 50. f f' ~p~~ ~?JfiP y:? J"r: " \ " . <.. ,