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HomeMy WebLinkAbout03-6436 II I I DAVID S. SHERMAN, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO,2003- W/P CIVIL TERM CIVIL ACTION-LAW IN DIVORCE TAMMY M. SHERMAN Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take prompt action, You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children, When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Ii DAVID S. SHERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 2003- ~ '1:310 CIVIL ACTION-LAW IN DIVORCE CIVIL TERM TAMMY M, SHERMAN, Defendant COMPLAINT UNDER SECTIONS 3301(c) AND 3301(d) OF THE DIVORCE CODE 1, Plaintiff is David S. Sherman, an adult individual who currently resides at 59 Partridge Circle, Carlisle, Cumberland County, Pennsylvania 17013, 2. Defendant is Tammy M, Sherman, an adult individual who currently resides at 477 Pine Grove Road, Carlisle, Cumberland County, Pennsylvania 17013. 3, Plaintiff and the Defendant have been bonafide residents 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 20, 2001 in Mt. Holly Springs, Cumberland County, Pennsylvania, COUNT I - DIVORCE 5, Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 7, Plaintiff and Defendant are not in the Armed Forces of the United States, 8, Plaintiff avers that the marriage between the parties is irretrievably broken, II II . 9. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above, 11. The parties have acquired both real and personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property, WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. Respectfully submitted, O'BRIEN, BARIC & SCHERER DATE: 12/1"03 ~;1~ Michael A. Scherer, Esquire 1.0, # 69174 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dirldomesticlshermanldivorce.pld II II VERI FICA TION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C,S, S 4904, relating to l,lnSWOrn falsification to authorities. ~ --1, J~c17---- David S, Sherman DATED: / J -,5" - 03 ~.. J >.,." \\ ~ ~ - o '-.-..l -(:~ v. iJ' ..{\ --..,\\ \;'" ~ t~ i~ ~ b <:.., i' (") c "~ -r:J( Q}['.:- " z (j) -I',~;:'.' ~'_, ~, :~:': 7::!~ , :g~; .... 2:: =< ;,J :~S~ ~ (', .^\ C v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2003-6436 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE DAVID S. SHERMAN, Plaintiff TAMMY M. SHERMAN, Defendant ACCEPTANCE OF SERVICE AND NOW, this ,,,..It. day of December, 2003, I, Mark Bayley, Esquire, hereby accept service of the Divorce Complaint filed in the above-captioned matter on behalf of the Defendant pursuant to Pa. R.C,P. 402(b) and certify that I am authorized to do so. Mark Bayley, Esquire mas.dir/domestic/sherman/acceptance.ser o c: -~ ,-~,(:; ';\\-;, ~. (7,!.~_. '-- ...., = = <...> o 1"'1 C? \'.) G' o -n :2-,., rnp -ot'J -nO bb ;-J :r; ~5ES ~::~rn ::::~l ~ :P" ::~~. (,,-' II DAVID S, SHERMAN, Plaintiff V, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6436 CIVIL TERM TAMMY M. SHERMAN, Defendant CIVIL ACTION-LAW IN DIVORCE PLANITIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301/c) OF THE DIVORCE CODE 1, A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on December 12, 2003, 2. An Acceptance of Service form was signed on December 17, 2005, 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 in 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. Section 4904 relating to unsworn falsification to authorities. Date: I /, F - 0 S ,2005 ~J~ DAVID S, SHERMAN --------- ...., t::::;. c:::::.'! c"..., o ,1 l.~~:; ~..,., rn-- 1-- ~.'JI""'-; ~;JC) '~>iC} .](:;'-1 ::;:(') : ---~ r" -~! ~x; .< .c.:;::: a -cl ::.;::: :'-.,"1 a 0) - II DAVID S, SHERMAN, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6436 CIVIL TERM TAMMY M, SHERMAN, Defendant CIVIL ACTION-LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on December 12, 2003, 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 5, I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary, 6, I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. Section 4904 relating to unsworn falsification to authorities, Date: lJ - (j ~ ,2005 ci~10.~~Q~ T MY M. SHERMAN ----------- ,..., C~ c::::, W' -~ oIf'....~ ~::) "'-"- o S?, --1 ~-r: f'"n.~~~ ~ -(~-j l<':~J >"-',l,,,,,, M'.~::;'( ~'~ ~ (.~; rl1 -~ ~-? o C0 - ,I V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2003-6436 CIVIL TERM DAVID S. SHERMAN, Plaintiff TAMMY M, SHERMAN, Defendant CIVIL ACTION-LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 8111 day of IVov-t:1IA j v , 2005 by and between David S, Sherman, of Cumberland County, Pennsylvania, and Tammy M, Sherman, of Cumberland County, Pennsylvania, WITNESSETH: WHEREAS, David S. Sherman (hereinafter called "Husband") currently resides at 59 Partridge Circle, Carlisle, Cumberland County, Pennsylvania; and, WHEREAS, Tammy M, Sherman, (hereinafter called "Wife") currently resides at 477 Pine Grove Road, Carlisle, Cumberland County, Pennsylvania; and, WHEREAS, the parties hereto are husband and wife, having been lawfully married on July 20, 2001; and, WHEREAS, a divorce complaint was filed on December 12, 2003; and, WHEREAS, one minor child, Alycia Marie Sherman, born April 23, 1991, was born of the marriage; and, WHEREAS, the parties hereto are desirous of settling fully and finally their respective marital and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates, Page 1 of 6 LJ ,I NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart at such places as they may desire, free from all control, restraint, interference and authority, direct or indirect, by the other. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection, Husband has secured legal advice from Michael A. Scherer, Esquire, his counsel, and Wife has secured legal advice from Mark F. Bayley, Esquire, her counsel. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and Page 2 of 6 1- ,I liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCE. The parties agree that they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce I action with respect to these parties shall be limited to a claim for divorce only, The parties I agree that they will each execute an Affidavit of Consent and Waiver of Notice of Intention to I Request Entry of Divorce Decree in order that counsel may finalize the divorce action in a timely fashion, 5. EQUITABLE DISTRIBUTION. A. Real Estate. The parties are the owners as tenants by the entireties of real estate located at 59 Partridge Circle, Carlisle, Pennsylvania, 17013, which property was the marital residence, Husband shall become the sole owner of the marital residence and Husband shall refinance the existing mortgage on the property within 90 days of the date of this agreement. Wife shall deliver to Husband a deed at the time of the refinance conveying her interest in the marital residence to Husband, When the refinance disburses, counsel for Husband shall pay Wife the sum of $15,000.00 representing Wife's interest in the marital residence, l..f -tt...e proper-+---; is /J\o-t VeC;'V,7e-vJc.eJ. lA.)~~').IJ ~Mir d.-t-.,-(S Hv50C,tAJ sk.lI ~ WJe ~ 5vwt oJ .$J IS:; 000,00 0 l/) , tke q Is+- dc...~( ~fkr fLee- execuf-/ol/1 01 f(11 S ttjh?8INLeJ/1t. Page 3 of 6 :t ~ . If the property is not refinanced within ninety (90) days, Husband and Wife agree to jointly select a reputable realtor to market the property and to place the property on the market for six (6) months at a reasonable price, If the property does not sell within six (6) months, the parties will cooperate in selecting an auctioneer and having the property auctioned. If the property is sold at a profit, husband receives all proceeds from the sale, If the property is sold at a loss, husband is responsible for satisfying any and all debt relating to the property, Husband, additionally, is responsible for all costs relating to the sale, B. Furnishinas and Personaltv. The parties have divided by agreement between themselves all furnishings and personalty located in the marital residence and Husband shall retain sole and exclusive ownership of all furnishings and personalty currently in his possession, free and clear of any right, title, claim and/or interest of Wife and Wife shall retain all items of furnishings and personal property currently in her possession as her sole and separate property free and clear of any right, title, claim and/or interest of Husband, c. Motor Vehicles. Each party drives a vehicle which is in his or her sole name, and each party shall keep as his or her separate property the vehicle in his or her respective possession, D. Intanaible Personal Property and Retirement Benefits. The parties have divided to their mutual satisfaction all intangible personal property heretofore used or owned by them in common, and neither party will make a claim to any such property presently titled in the name of the other party or in the possession of the other party, Husband is employed by North Middleton Township and has accrued certain retirement benefits in connection with said employment. Wife is employed at Chapel Point Nursing Home in Carlisle, PA, and she may have acquired certain retirement benefits in connection with said employment. Each party hereby waives any interest in the retirement benefits of the other spouse. Page 4 of 6 II E. Miscellaneous ProDertv. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession, This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to together. F. Marital Debt. Aside from the foregoing, the parties acknowledge and agree that there are no other outstanding joint obligations. In the event there are any other debts in the name of either party, that party shall be solely responsible for those debts and shall hold the other harmless on the obligations, 6. SUPPORT. ALIMONY, ALIMONY PENDENTE LITE. SPOUSAL SUPPORT, Neither party shall pay the other spousal support, alimony pendente lite or alimony in connection with this separation and divorce, 7. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to S3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. 8. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto, 9. BREACH. If either party hereto breaches any provision hereof, 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, The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party, Page 5 of 6 'I I 10. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties, 11. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released, IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments, WITNESS: /lfJA,k ~ ~J-~ DAVID S, SHERMAN ~ ~.~~ C7 I ~ ((, ~y M, SHERMAN ~/t;~ru< /11.:::) L ' mas\Domestic\Sherman\settlement.agr (, -;.7"__ . ,\ : .: c.' \"; ~ "~-, ; , ' ~"' ----------- II DAVID S, SHERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6436 CIVIL TERM V. TAMMY M, SHERMAN, Defendant CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD !I I. II I' , I I , ! TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code, 2, Date and manner of service of the Complaint: An Acceptance of Service form was signed on December 17, 2003. 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 on November 8, 2005; and Defendant on November 1, 2005, B. (1) date of execution of the Plaintiff's Affidavit required by Section 3301 (d) of the Divorce Code: N/A (2) date of service of the Plaintiff's Affidavit upon the Defendant: NIA 4. Related claims pending: None, 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301 (d)(1 lei) of the Divorce Code: None. Respectfully submitted, Micha1f1?sii!::ESqUire , LJ -:-:' \, r-') C" o+'+':+:;+ ;+: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i 1> -,' +++++++++++++. ~++++++++++++++ ++++++.++++++ +++++++++++.++++++ . . . . . . . . . . . . . . . , , , , , , , , , . , . , . , , . , . , , , , . , . , . , . , . . . , , . , . . . . . . . . , . . . . . .. :t:+ +:f.:t:t'++. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF DAVID S. SHERMAN Plaintiff, VERSUS TAMMY M. SHERMAN Defendant. PENNA. NO. 200~ - 6436 CIVIL DECREE IN DIVORCE . , , . . . . . . . . . . , , . . . . . . . . , . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . +:+:++++ AND NOW, :)r/"~vZ?~") -<~Dt>:;:, IT IS ORDERED AND . DECREED THAT DAVID S. , PLAINTIFF, SHERMAN AND TAMMY M. , DEFENDANT. SHERMAN ARE DIVORCED FROM THE BONDS OF MATRIMONY, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + +. +. ;+: ;+: '+ + + ;+ :+ '+ :+: +' ++ YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT The parties' Marital Settlement Agreement dated November 8, 2005, is incorporated but not merged herein as a final Order of Court. A 104 SI? c) ,-~~ PROTHONOTARY +:+ + Of':+::+: +. +;+; ++:+: +;+::;;;+: +. 'I'+:+: + '+' '+ + + J. ~ frr .z /}T7?~ r~t/L. 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