HomeMy WebLinkAbout07-6581
SUSAN J. SHERMAN
Plaintiff,
V.
DAVID R. SHERMAN,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
:2007 - CIVIL TERM
IN DIVORCE
COMPLAINT IN DIVORCE PURSUANT TO
SECTIONS 3301(0) AND (D OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, Susan J. Sherman, by and through her attorneys, Irwin, &
McKnight, and files this Complaint in Divorce against the Defendant, David R. Sherman,
representing as follows:
1. The Plaintiff is Susan J. Sherman, an adult individual currently residing at 124
North 20th Street, Camp Hill, Cumberland County, Pennsylvania 17011.
2. The Defendant is David R. Sherman, an adult individual currently residing at
2142 Market Street, #A201, Camp Hill, Cumberland County, Pennsylvania 17011.
4. The Plaintiff and Defendant have been residents of the Commonwealth of
Pennsylvania at least six months prior to the filing of this action in divorce.
5. The Plaintiff and the Defendant were married on April 1, 1993 in Ft. Lauderdale,
Florida and separated on or about February 2005.
6. There have been no prior actions of divorce or for annulment between the parties.
7. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as
the grounds upon which this action is based that the marriage between the parties is irretrievably
broken.
8. The Plaintiff avers that she has been advised of the availability of counseling and
that said party has the right to request that the court require the parties to participate in
counseling.
9. Neither party is in military service or in any branch of the armed forces of the
United States or its Allies or otherwise within the provisions of the Soldiers' and Sailor's Civil
Relief Act of Congress of 1940, as amended.
WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage
between the two parties.
Respectfully submitted,
IRWIN & McKNIGHT
Dated: October 26, 2007 BY A A.4L
Douglas G. 51iller, Esquire
Supreme Court I.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
2
VERIFICATION
The foregoing document is based upon information which has been gathered by my
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unsworn falsification to authorities.
SUSAN I SHE N
Date: 10/23/07
tAj
T-? ?n1
QOl
a
, ? ?
=t
1
SUSAN J. SHERMAN
Plaintiff,
V.
DAVID R. SHERMAN,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: 2007 - 6581
CIVIL TERM
IN DIVORCE
AFFIDAVIT OF SERVICE OF COMPLAINT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
: SS:
NOW, Douglas Miller, Esquire, being duly sworn according to law, does depose and state:
That he is a competent adult and attorney for the Plaintiff in the captioned action.
2. That a certified copy of the Complaint was served upon the defendant, David R.
Sherman, on or about November 13, 2007 by certified mail, return receipt requested,
addressed to David R. Sherman, at his address at 2142 Market Street, #A201, Camp
Hill, Pennsylvania 17011, with return receipt number 70041350 0003 7289 1842.
That the said receipt for certified mail is signed and attached hereto and made a part
hereof.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn
falsification to authorities.
IRWIN & MCKNIGHT
Date: November 15, 2007 -del 61
By:
Do as . Mil er, Lquli?Are
Supreme Court Id # 83776
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Attorney for Plaintiff
Susan J. Sherman
w ?
• OwPh" Items 1, 2, and 3. Also cornpleft
Restricted 0911 MY is de*W.
• P** your name and address on the reverse
40 that we can return the card to
¦ Ariaoh this card to the back of the you.
mmalipleoe,
or on the front if space eft.
i. Mllde Addressed to:
Mr--David R. Sherman
2142;°.rket Street
#A20
GWP Hill, PA 17011
f?1lcrAMarMee0.0
K' ANM 3811, Fdxwwy 2W4
rummym
Er
rru DG POW%
rn
C3 C-U%d Fe
O
O Retum Redept Fe,
?do?semerd Required
53 Restricted D1ry
rn . o-t-ntRequired
V.1 Po
siege & Fees
S
C3
Ko
rP uc__ r __sDay-
N id
A
r hi
B. (
ilk 15'em
If YES, enter delhrery address below 13 No
3.
Q2 OWWW Mall ?
313 Pw&tww ervbs lype ® Pebxn Evreegmail for MwdWX as
?
? ? Agent
At'kheaaaa
n??) c. Date of Delhwy
v
D. a deNvery ad ae diRerent fiom Nam 1? 13 Yes
7004 1350 13003 7289 1842
® Y§s
ooraaaft ftmwn
X1540
f7 ?
C ca
to C CD
T' C r.3
t?
W
-n
PI
-}l
r m
=-G
SUSAN J. SHERMAN
Plaintiff,
V.
DAVID R. SHERMAN,
Defendant.
: IN THE COURT O
: CUMBERLAND C(
CIVIL ACTION - L
2007 - 6581 CIVII
IN DIVORCE
S AFFIDAVIT OF
1. A Complaint in Divorce under Section 3301(c) of the Di
about October 30, 2007.
2. The marriage of plaintiff and defendant is irretrievably
elapsed from the date of the filing of the complaint.
3. I consent to the entry of a final decree in divorce.
COMMON PLEAS OF
LINTY, PENNSYLVANIA
W
TERM
Code was filed on or
and ninety days have
4. I understand that I may lose rights concerning alimony, d vision of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true ancorrect. I understand that
false statements herein made are subject to the penalties of 18 Pa. C S. Section 4904 relating to
unsworn falsification to authorities.
Date:
SUSAN J.
Plaintiff
t`? ?v
?-.?
??.
? ??r. ? ?
?
--t
;?? ?V `??
.-, ? ?? d _ ? t??
?:-- ? ? ?
?_` . - ?.
,
_? __
v
SUSAN J. SHERMAN
Plaintiff,
V.
DAVID R. SHERMAN,
Defendant.
: IN THE COURT O COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - I
2007 - 6581 CIVI
IN DIVORCE
)F INTENTION TO
W
TERM
1. I consent to the entry of a final Decree of Divorce
notice.
2. I understand that I may lose rights concerning alimony, d vision 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 de ree 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 an correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C .S. Section 4904 relating to
unsworn falsification to authorities.
Date:
U0-
SUSAN J.
Plaintiff
r•a
raj
4
C ,o
SUSAN J. SHERMAN
Plaintiff,
V.
DAVID R. SHERMAN,
Defendant.
: IN THE COURT O
: CUMBERLAND C(
CIVIL ACTION - L
2007 - 6581 CIVII
IN DIVORCE
AVIT O
1. A Complaint in Divorce under Section 3301(c) of the Di
about October 30, 2007.
2. The marriage of plaintiff and defendant is irretrievably
elapsed from the date of the filing of the complaint.
3. I consent to the entry of a final decree in divorce.
4. I understand that I may lose rights concerning alimony, ivi
fees or expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true
false statements herein made are subject to the penalties of 18 Pa.
unsworn falsification to authorities.
Date:
COMMON PLEAS OF
UNTY, PENNSYLVANIA
W
TERM
Code was filed on or
and ninety days have
of property, lawyer's
correct. I understand that
S. Section 4904 relating to
DAVID R.
Defendant
-„1
-° d '
:!7
V „?
SUSAN J. SHERMAN
Plaintiff,
V.
DAVID R. SHERMAN,
Defendant.
A
O
: IN THE COURT O
: CUMBERLAND C(
CIVIL ACTION - L
2007 - 6581 CIVIL
IN DIVORCE
1. I consent to the entry of a final Decree of Divorce wi
2. I understand that I may lose rights concerning alimony,
fees or expenses if I do not claim them before a divorce is granted.
COMMON PLEAS OF
LINTY, PENNSYLVANIA
W
TERM
notice.
of property, lawyer's
3. I understand that I will not be divorced until a divorce de ee 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 ancorrect. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: / d B ?l/1M?
DAVID R.
Defendant
C?
t.,_ rv
r?t=?
? ?
-
?;-? . --i r?
tV
i
?
q
C.?
?
.? q
?
v .
-?
MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT made this <_ day of 2008, by and
between SUSAN J. SHERMAN, (hereinafter referred to as "WIFE") and DAVID R.
SHERMAN, (hereinafter referred to as "HUSBAND")
WITNESSETH:
WHEREAS, HUSBAND and WIFE were lawfully married on April 1, 1993, and
separated on or about February 1, 2005; and
WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between
the parties and it is the intention of HUSBAND and WIFE 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, but not
limited to the settling of all matters between them relating to the ownership and equitable
distribution of real and personal property, the settling of all claims and possible claims by one
against the other or against their respective estates, and the equitable distribution of property and
alimony for each party.
The parties hereto agree and covenant as follows:
The parties intend to maintain separate and permanent domiciles and to live apart from
each other. It is the intent and purpose of this Agreement to set forth the respective rights and
duties of the parties while they continr:- to live apart from each other.
2.
The parties have attempted to divide their matrimonial property in a manner which
conforms to a just and right standard, with due regard to the rights of each party. It is the intent
of the parties that such division shall be final and shall forever determine their respective rights.
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets.
3.
Further, the parties agree to continue living separately and apart from the other at any
place or places that he or she may select as they have heretofore been doing. Neither party shall
molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever.
Each party may carry on and engage in any employment, profession, business or other activity as
he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere
with the uses, ownership, enjoyment or disposition of any property now owned and not specified
herein or property hereafter acquired by the other.
4.
The consideration for this contract and agreement is the mutual benefit to be obtained by
both of the parties hereto and the covenants and agreements of each of the parties to the other.
The adequacy of the consideration for all agreements herein contained is stipulated, confessed,
and admitted by the parties, and the parties intend to be legally bound hereby.
Each party to the Agreement acknowledges and declares that he or she, respectively:
a. Is represented by counsel of his or her own choosing, or if not represented by
counsel, understands that he or she has the right to counsel: WIFE is represented
by Douglas G. Miller, Esquire of Irwin & McKnight; HUSBAND chooses not to
2
be represented by counsel, and by initialing this page acknowledges her right to
be represented by counsel ;
b. Is fully and completely informed of the facts relating to the subject matter of
this Agreement and of the rights and liabilities of the parties;
c. Is entering into this Agreement voluntarily after receiving the advice of
counsel or after choosing not to consult an attorney;
d. Has given careful and mature thought to the making of this Agreement;
e. Has carefully read each provision of this Agreement; and
f. Fully and completely understands each provision of this Agreement, both as to
the subject matter and legal effect of each provision.
This Agreement shall become effective immediately as of the date of execution.
5.
It is the purpose and intent of this Agreement to settle forever and completely the interest
and obligations of the parties in all property that they own separately, and all property that would
qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and
that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and
assigns. The parties have attempted to divide their Marital Property in a manner that conforms to
a just and fair standard, with due regard to the rights of each party. The division of existing
Marital Property is not intended by the parties to constitute in any way a sale or exchange of
assets, and the division is being effected without the introduction of outside funds or other
property not constituting a part of the marital estate.
It is the further purpose of this Agreement to settle forever and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony.
3
6.
Each party represents and warrants that he or she has made a full and fair disclosure to
the other of all of his or her property interests of any nature, including any mortgage, pledge,
lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each
party further represents that he or she has made a full and fair disclosure of all debts and
obligations of any nature for which he or she is currently liable or may become liable. Each
further represents and warrants that he or she has not made any gifts or transfers for inadequate
consideration of Marital Property without the prior consent of the other.
Each Party acknowledges that, to the extent desired, he or she has had access to all joint
and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during
marriage.
7.
REAL ESTATE: The marital property located at 124 North 20th Street, Camp Hill,
Cumberland County, Pennsylvania, 17011, is where WIFE currently resides, and the
condominium located at 2142 Market Street, #A201, Camp Hill, Cumberland County,
Pennsylvania, 17011, is where HUSBAND currently resides.
HUSBAND agrees to transfer all right, title and interest which he may have in that
marital property known and numbered as 124 North 20th Street, Camp Hill, Cumberland County,
Pennsylvania, 17011 and any improvements thereon to WIFE, and releases all claims which he
may have regarding said real estate in accordance with this paragraph. WIFE agrees to pay any
outstanding payments on any mortgages on the said property as well as all real estate taxes,
insurance, and any maintenance and repair costs, and hold HUSBAND harmless from any
obligations on said payments and indemnify him if any claim is made against him. In
furtherance of the transfer of all right, title and interest in said real estate, HUSBAND hereby
agrees to execute a Deed conveying his interest in the property to WIFE, within thirty (30) days
of the date of this Agreement. WIFE agrees to refinance or assume the existing mortgage
4
obligations on the property within sixty (60) days from the date of this Agreement and thereby
remove HUSBAND'S name from said obligations.
With regard to the condominium located at 2142 Market Street, #A201, Camp Hill,
Cumberland County, Pennsylvania, 17011, WIFE agrees to completely satisfy any mortgage
obligations on said property, and transfer the property to HUSBAND by Deed within sixty (60)
days of this Agreement. WIFE thereby agrees to transfer all right, title and interest which she
may have in that condominium property and any improvements thereon to HUSBAND, and
releases all claims which she may have regarding the said condominium in accordance with this
paragraph. After transfer of the property, HUSBAND agrees to pay all real estate taxes,
insurance, and any maintenance and repair costs, and hold WIFE harmless from any obligations
on said payments and indemnify her if any claim is made against her.
8.
SPOUSAL SUPPORT: It is the mutual desire of the parties that HUSBAND will not be
required to pay spousal support, alimony, alimony pendente lite, or any other financial support to
WIFE, and that WIFE will not be required to pay spousal support, alimony, alimony pendente
lite, or any other financial support to HUSBAND. The parties thereby waive any rights they
have to receive spousal support, alimony or alimony pendente lite payments from the other either
prior to or following the entry of the Divorce Decree in this matter.
9.
PERSONAL PROPERTY: The parties agree either that the personal property has been
divided to the parties' mutual satisfaction, or that they are waiving any rights that they may have
with regard to the personal property in the possession of the other party. WIFE hereby waives
all right, title and interest which she may have in any personal property of the HUSBAND.
HUSBAND likewise waives any right, title and interest which he has in the personal property of
5
WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or
right of the other party, all items of personal property of every kind, nature and description and
wherever situated, which are then owned or held by or which may hereafter belong to
HUSBAND or WIFE with full power to HUSBAND or WIFE to dispose of the same as fully
and effectually, in all respects and for all purposes as if he or she were unmarried.
10.
AUTOMOBILES: HUSBAND hereby waives all right, title and interest in any vehicle
that WIFE currently owns or may own in the future, and agrees to execute all documents
necessary to transfer title of any jointly titled vehicles that WIFE may own within thirty (30)
days of this Agreement. WIFE shall hold HUSBAND harmless for any and all liability
associated with the use and purchase of any vehicle she may own, and shall be solely responsible
for all insurance and other financial responsibility associated with said vehicle.
Likewise, WIFE hereby waives all right, title and interest in any vehicle that HUSBAND
currently owns or may own in the future, and agrees to execute all documents necessary to
transfer title of any jointly titled vehicles that HUSBAND may own within thirty (30) days of
this Agreement. HUSBAND shall hold WIFE harmless for any and all liability associated with
the use and purchase of any vehicle he may own, and shall be solely responsible for all insurance
and other financial responsibility associated with said vehicle.
11.
MARITAL DEBTS: Other than the mortgage obligations against the real estate
referenced above, the parties are not aware of any joint marital debt.
6
WIFE shall assume all liability for and pay and indemnify the HUSBAND against all
debts incurred by WIFE after the date of separation. WIFE represents and warrants to
HUSBAND that since the parties' marital separation she has not contracted or incurred any debt
or liability for which HUSBAND or his estate might be responsible and WIFE further represents
and warrants to HUSBAND that she will not contract or incur any debt or liability after the
execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE
shall indemnify and hold HUSBAND harmless from any and all claims or demands made against
him by reason of debts or obligations incurred by her.
HUSBAND shall assume all liability for and pay and indemnify WIFE against all debts
incurred by HUSBAND after the date of separation. HUSBAND represents and warrants to
WIFE that since the parties' marital separation he has not contracted or incurred any debt or
liability for which WIFE or her estate might be responsible and HUSBAND further represents
and warrants to WIFE that he will not contract or incur any debt or liability after the execution
of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall
indemnify and hold WIFE harmless from any and all claims or demands made against her by
reason of debts or obligations incurred by him.
12.
INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life
insurance policies on the life of HUSBAND or WIFE and any other investments or employee
benefits, including but not limited to retirement, profit sharing, or medical benefits of either
party, shall be their own. WIFE waives all right, title and claim to HUSBAND'S insurance,
investments, and employee benefits, and HUSBAND waives all right, title, and claim to any of
WIFE'S insurance, investments, and employee benefits.
7
13.
BUSINESS: HUSBAND waives any and all right, title, or interest in WIFE'S family
business known and referred to as Noll Associates, as well as all assets associated with said
business, including but not limited to investments, business bank accounts, and accounts
receivable. WIFE shall assume all liability for and pay and indemnify HUSBAND against all
debts incurred by or as part of said business.
14.
BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and
interest which she may have in the savings or checking or any other bank accounts of
HUSBAND and likewise HUSBAND agrees to waive all right, title and interest which he may
have in the savings or checking or any other bank accounts of WIFE. In addition, any saving,
checking or other accounts in the joint names of the parties shall be divided equally between
HUSBAND and WIFE within thirty (30) days of this Agreement.
15.
DIVORCE: The parties both agree to cooperate with each other in obtaining a final
divorce of the marriage. It is agreed that the parties will execute and file the consents necessary
to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all
the costs and legal fees of the party who is seeking the divorce.
16.
BREACH: If either party breaches any provisions 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
8
remedies or relief as may be available to him or her, and the party breaching this contract shall
be responsible for payment of legal fees and costs incurred by the other in enforcing their rights
under this Agreement.
17.
ADDITIONAL INSTRUMENTS: 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 that may be reasonably required to give full force and effect to the provisions of this
Agreement.
18.
VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel, are fully understood by both
parties, and each party acknowledges that the Agreement is fair and equitable, that it is being
entered into voluntarily, and that it is not the result of any duress or undue influence. It is the
parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall
continue to have independent contractual significance. Each party maintains his or her
contractual remedies or any other remedies provided by law or statute. Those remedies shall
include, but not be limited to, damages resulting from breach of this Agreement, specific
enforcement of this Agreement and remedies pertaining to failure to comply with an order of
court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel
fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in
effect and as amended or hereafter enacted.
9
19.
ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
20.
APPLICABLE LAW: This Agreement shall be construed under the Laws of the
Commonwealth of Pennsylvania.
21.
PRIOR AGREEMENTS: It is understood and agreed that any and all property
settlement agreements which may or have been executed prior to the date and time of this
Agreement are null and void and of no effect.
22.
PAYMENT OF COSTS: Each party shall be responsible for their own attorneys fees
and costs incurred in the settlement of the divorce and economic issues surrounding this divorce.
23.
WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided,
each party may dispose of his or her property in any way, and each party hereby waives and
relinquishes any and all rights he or she may now have or hereafter acquire, under the present or
future laws of any jurisdiction, to share in the property or the estate of the other as a result of the
marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the Will of the other, and right to act as
10
administrator or executor of the other's estate, and each will, at the request of the other, execute,
acknowledge and deliver any and all instruments which may be necessary or advisable to carry
into effect this mutual waiver and relinquishment of all such interests, rights and claims.
IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day
and year first above written.
WITNESSES:
(SEAL)
SUSAN J. SH
L, 61j- k I
(SEAL)
11AVID R. SHERMAN
COMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
. SS:
PERSONALLY APPEARED BEFORE ME, thisl?)* day of
2008, a Notary Public, in and for the Commonwealth of Pennsylvania, SUSAN J. SHERMAN,
known to me (or satisfactorily proven) to be the person whose name is subscribed to the within
Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA
# Notarial Seal
1 Karen S. Noel. Notary Public
Carlisle Boro, Cumberland County
My Corrmiission E)ires Dec. 8, 2011
"Aernher: Pennsylveniss Association of Notaries 1
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
. SS:
PERSONALLY APPEARED BEFORE ME, this day of <- ,
2008, a Notary Public, in and for the Commonwealth of Pennsylvania, DAVID R. SHERMAN,
known to me (or satisfactorily proven) to be the person whose name is subscribed to the within
Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I have
12
COWAONWEALTH OF PENNSYLVANIA
NMMLAL SEAL
LINDA E. HERMAN, Notary Public
i_emoyne Borough, Cumberland Co.
kA, Commission Expires Aug 28,2012
t...?__ '^+3 i
.? ??
?..
\)
SUSAN J. SHERMAN
Plaintiff,
V.
DAVID R. SHERMAN,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
:2007 - 6581 CIVIL TERM
: 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 3301(c) and/or (d) of the Divorce
Code.
2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was
served upon the defendant, David R. Sherman, by certified mail, restricted delivery, on or about
November 13, 2007. The Affidavit of Service was filed with the Prothontoary on or about November 16,
2007.
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 plaintiff: September 27, 2008 by defendant: October 16, 2008
(b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce
Code:
(b)(2) Date of filing and service of the plaintiff s affidavit upon the defendant:
4. Related claims pending: NONE.
5. Complete either (a) or (b).
(a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit
Record, a copy of which is attached:
(b) Date plaintiff s Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: October 20, 2008
Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: October 20, 2008
ej?j (,j," )ff. 11,41&
Douglas p. Miller, Esquire
Attorney for Plaintiff
Date: December 24, 2008
ear ,q ?l
,ti
Susan J. Sherman
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
David R. Sherman
NO. 2007-6581
DIVORCE DECREE
AND NOW, 3 , it is ordered and decreed that
Susan J. Sherman , plaintiff, and
David R. Sherman , defendant, are divorced from the
bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.") '? OAQ
The Marriage Settlement Agreement dated August 23, 2008, and signed by the
parties is Mere by incorporated into is ecree u no merged.
By the
Attest: J.
A . - &
Prothonotary
?/° A4 -?-