HomeMy WebLinkAbout01-6479MICHAEL J. SHEEDY,
Plaintiff
TINA MARIE ROSS SHEEDY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001- ~c{-~ CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
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 ATTORNEY AT ONCE. IF YOU DO
NOT HAVE AN ATTORNEY 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
MICHAEL $. SHEEDY,
Plaintiff
TINA MARIE ROSS SHEEDY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001- q lq
CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
COMPLAINT UNDER SECTIONS 3301(C) AND
3301(D) OF THE DIVORCE CODE
1. Plaintiff is Michael J. Sheedy, an adult individual who currently resides at 21
Carter Place, Carlisle, Cumberland County, Pennsylvania.
2. Defendant is Tina Marie Ross Sheedy, an adult individual who currently resides at
38 Woo&rest Drive, Carlisle, Cumberland County, Pennsylvania.
3. Plaintiffand Defendant have been bona fide 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 June 5, 1993, in Cumberland
County, Pennsylvania.
.COUNT I - DIVORCE
5. Plaintiffhereby 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. Neither Plaintiffnor Defendant is in the Armed Forces of the United States.
8. Plaintiff avers that the marriage between the parties is irretrievably broken.
9. The Plaintiffhas 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.
divorce'WHEREFORE' Plaintiff respectfully requests this Honorable Court to enter a decree in
COUNT II -E UITABLE DISTRIBUTION
10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above.
11. The pan/es have acquired personal property, including automobiles, bank
accounts and other items &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,
EN, BARIC & SCHERER
David A. Baric, Esquire
I.D. # 44853
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
dab'dir/d°mestie/$heedy/complaint, pld
VERIFICATION
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. § 4904,
relating to unsworn falsification to authorities.
DATED:
.0
0 ~-~
MICHAEL J. SHEEDY,
Plaintiff
TINA MARIE ROSS SHEEDY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6479 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
.ENTRY OF APPEARANCE
To the Prothonotary:
Kindly enter my appearance on behalf of Defendant, Tina Marie Ross Sheedy, in the
above referenced matter.
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
Dated:
Karl R. Hildabrand, Esquire
Attorney I.D. No. 30102
P.O. Box 5300
3211 North Front Street
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Defendant
Document #: 222703.1
CERTIFICATE OF SERVICE
I, Karl R. Hildabrand, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb,
P.C., hereby certify that I served a true and exa~t copy of the Entry of Appearance with reference to
the foregoing action by First Class Mail, postage prepaid, this t/ 2-~day of December, 2001, on the
following:
David A. Baric, Esquire
O'Brien, Baric & Scherer
17 West South Street
Carlisle, PA 17013
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
Karl R. Hildabrand, Esquire
Document#:222703.1
MICHAEL J. SHEEDY, :
Plaintiff :
TINA MARIE ROSS SHEEDY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6479 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER SECTION 3301(e) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
November 15, 2001.
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 ifI 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 tree and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unswom falsification to authorities. '
MICHAEL J. SHEEDY,
Plaintiff
TINA MARIE ROSS SHEEDY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6479 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF
SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER SECTION 3301(e) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
November 15, 2001.
2. Defendant acknowledges receipt and accepts service of the Complaint on
November 16, 2001.
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 fmal decree in divome without notice.
5. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses ifI 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 tree 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:
~iha Made Ross She~'d~y ~
MICHAEL J. SHEEDY,
Plaintiff
TINA MARIE ROSS SHEEDY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6479 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, David A. Baric, Esquire, attorney for the Plaintiff in the above-captioned divorce
action, do hereby certify that I served a certified copy of the Complaint in Divorce to the
Defendant, as per the attached U.S. Postal Service Certified Mail, return receipt card.
DATE:
David A. Baric, Esquire
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this /~ day of ~/.tw.,~d~-, 2001, by and between
MICHAEL JOHN SHEEDY (hereinafter "Husband") of 21 Carter Place, Carlisle, Cumberland
County, Pennsylvania and TINA MARIE ROSS SHEEDY (hereinafter "Wife") of 38 Woodcrest
Drive, Carlisle, Cumberland County, Pennsylvania,
WITNESSETH:
WHEREAS, the parties are Husband and Wife, married on June 5, 1993, in Carlisle,
Cumberland County, Pennsylvania; and
WHEREAS, no children were born of the marriage;
WHEREAS, unhappy differences and difficulties have arisen between the parties, in
consequence of which the parties intend to live separate and apart' for the rest of their natural lives;
and
WHEREAS, Husband and Wife are the Plaintiff and Defendant, respectively in a divorce
action filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to No. 2001-6479;
and
WHEREAS, the parties desire to settle fully and finally their respective financial and
property rights and obligations as between each other, including but not limited to the ownership
and equitable distribution of real and personal property; past, present and future support, alimony
and/or maintenance; and any and all claims which either party has, or may have, against the other or
the other's estate.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
undertakings hereinafter set forth and for other good and valuable consideration, receipt of which
Document #: 222424.1
the parties acknowledge, Husband and Wife, each intending to be legally bound, hereby covenant
and agree as follows:
1. SEPARATION
Each party shall have the right to live separate and apart from the other party, free from the
other party's interference, authority and control. Neither party shall interfere with the other or
attempt to interfere with the other, nor compel the parties' cohabitation.
2. HUSBAND'S AND WIFE'S DEBTS
Except as otherwise set forth in this Agreement, the parties represent and warrant to each
other that they have not incurred and will not contract or incur any debt or liability for which the
other or the other's estate might be responsible. Each party shall indemnify and save harmless the.
other party from any and all claims or demands made against the other by reason of debts or
obligations incurred by that party.
3. WAIVER OF RIGHTS AND MUTUAL RI~J,RASES
Except as provided in this Agreement, both parties absolutely and unconditionally release
and forever discharge each other and their heirs, executors, administrators, assigns, property and
estate fzom any and all rights, claims, demands or obligations arising out of or by virtue of the
marital relationship, whether such claims exist now or arise in the future. This release shall be
effective regardless of whether such claims arise out of former or future acts, contracts,
engagemems or liabilities of the parties or by way of dower, curtesy, widow's rights, family
exemption or similar allowance, or under the intestate laws, or the right to take against the spouse%
will, or the right to treat a lifetime conveyance by the other as testamentary, or all other fights of a
Document ti: 222424. J
-2-
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 other country.
Except for any cause of action for divorce which either party may have or claim to have, and
except for the obligations of the parties contained in this Agreement, each party gives to the other an
absolute and unconditional release and discharge from all causes of action, claims, fights or
demands whatsoever, in law or in equity, which either party ever had or now has against the other,
including but not limited to alimony, alimony pendente lite, spousal support, equitable distribution
of marital property, counsel fees or expenses.
4. REAL ESTATE
The parties own as tenants by the entireties improved real property situated at 38 Woodcrest
Drive, Carlisle, Cumberland County, Pennsylvania. Said property is currently encumbered with a
first mortgage with M&T Bank. Wife has obtained refinancing through Members First and the
anticipated closing date on the refinancing is December 18, 2001.
(a) At the time of said refinancing of the aforesaid property, Wife agrees to
satisfy the M&T mortgage and pay to Husband the sum of $8,000.00. In exchange, Husband agrees
to execute a Deed transferring all of his right, title, and interest, including, but not limited to, all
fights under the Divorce Code of 1980, as amended, to the individual name of Wife.
(b) Husband agrees to sign those documents reasonably necessary to effectuate
the foregoing transaction including signing the 'Deed at the time specified by Members First to
facilitate the refinancing.
(c) Husband agrees to deliver to Wife on or before the aforesaid closing date all
keys to said property.
Document #: 222424.1
-3-
5. DIVISION OF PERSONAL PROPERTY
All personal property currently in the possession of Wife .shall be the. sole and separate
property of Wife with the exception of the items listed on Exhibit "A" which shall be Husband's.
The listed items on Exhibit "A" shall be picked up by Husband from Wife within thirty (30) days
from date this Agreement is executed. All personal property currently in the possession of
Husband shall be the sole and separate property of Husband.
6. MOTOR VEHICLES
(a) Wife shall retain sole and exclusive ownership of the 1995 Hyundai Sonata
GLS vehicle in her possession and agrees to assume sole responsibility for all outstanding
encumbrances, if any.
(b) Husband shall retain sole and exclusive ownership of the 2001 Ford Escape
vehicle in his possession and agrees to assume sole responsibility for all outstanding encumbrances,
if any.
7. JOINT DEBTS
The parties acknowledge that they have no debts which were jointly incurred during their
marriage. Any debts or obligations incurred by either party in his/her individual name, other than
those specified herein, whether incurred before or after separation are the sole responsibility of the
party in whose name the debt or obligation was incurred.
Husband agrees to assume full and sole responsibility for the payment of the following debts
and agrees to indemnify Wife for any loss sustained as a result of his failure to do so:
Providian credit card account
Document it: 222424.1
-4-
Merrill Lynch loan against retirement account
Wife agrees to assume full and sole responsibility for the payment of the following debts
and agrees to indemnify Husband for any loss sustained as a result of her failure to do so:
First USA credit card
CaPital One credit card
SLCS Student Loan
PMSCO computer loan
8. RETIREMENT BENEFITS AND IRA's
During the marriage, Husband acquired a 403b account with the Merrill Lynch. Wife
specifically waives, releases, renounces and forever abandons ail of her fight, title, interest or claim,
whatever it may be, in any pension/retirement/profit shafing/401K or like plan of Husband whether
acquired through Husband's employment or otherwise, and hereafter said plan shall become the sole
and separate property of Husband.
During the marriage, Wife acquired an investment/retirement/401K account with PMS and
TIAA-CREF account. Husband specificaily waives, releases, renounces and forever abandons all of
her fight, title, interest or claim, whatever it may be, in any pension/retirement/profit sharing/401K
or like plan of Wife whether acquired through Wife's employment or otherwise, and hereafter said
plan(s) shail become the sole and separate property of Wife.
9. DIVISION OF BANK ACCOUNTS
Husband and Wife acknowledge that ail joint bank accounts have been closed or divided to
their mutual satisfaction prior to the execution of this Agreement.
10. AFTER-ACQUIRED PROPERTY
Document It: 222424.1
-5-
Each of the parties shall own and enjoy, independently of any claims or rights of the other,
all real property and all items of personal property, tangible or intangible, hereafter acquired, with
full power to dispose of the same as 'fully and effectively as though he or she were married. Any
property so acquired shall be owned solely by that party and the other party shall have no claim to
that property.
11. INTENDED TAX RESULT
By this Agreement, the parties have intended to effectuate and by this Agreement have
equally divided their marital property. The parties have determined that such equal division
conforms to a right and just standard with regard to the fights of each party. The division of existing
marital property is not, except as may otherwise be expressly provided herein, intended by the
parties to constitute in any way a sale or exchange of assets.
12. INCOME TAXES
Husband and Wife have previously filed joint Federal and State income tax rems. In the
event of any deficiency in any Federal, State or local income tax imposed or in the assessment of
any such tax is made against either of them, each will indemnify and hold harmless the other from
and against any loss or liability for any such tax deficiency assessment and any interest, penalty and
expense incurred in connection with such tax deficiency or tax assessment. The party who is finally
determined to have, through their actions or inactions, brought about the .tax liability or assessment
of interest or penalty shall be responsible to pay said liability.
Should both parties agree to file joint tax returns for tax year 2001, the tax due or refund
shall be paid or divided between the parties in proportion to their respective gross incomes as
reflected on said return. In the event the parties do not file joint tax returns for the year 2001, they
Document #: 222424. I
-6-
agree to divide the deductible interest on the house and any other deductions in the following
manner:
Wife will be entitled to a deduction in the mount of 7/12.
Husband will be entitled to a deduction in the amount of 5/12.
13. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY
Husband and Wife waive 'and relinquish all rights, if any, to spousal support, alimony
pendente lite, and alimony. Any transfer of monies between the parties pursuant to any term of this
Agreement shall not constitute alimony but is made as part of the parties' equitable distribution
settlement.
14. LIFE INSURANCE
Both parties have life insurance policies with State Farm. Husband shall retain his life
insurance policy and all rights attributable thereto and Wife shall retain her life insurance policy and
all rights attributable thereto. Each party hereby waives, releases, renounces and forever abandons
all of their right or interest in the Others life insurance.
15. COUNSEL FEES AND EXPENSES
Except as otherwise specified herein, each party shall be responsible for payment of his/her
own counsel fees and expenses.
16. ADVICE OF COUNSEL
The parties acknowledge that each has received or has had the oppommity to receive
independent legal advice from counsel of their selection and that they have been informed fully as
to their legal rights and obligations, including ail rights available to them under the Pennsylvania
Divorce Code of 1980 as amended, and Other applicable laws.
Document #: 22242~. 1
-7-
Each party confirms that he/she understands fully the tenus, conditions, and provisions of
this Agreement and believes them to be fair, just, adequate and reasonable under the existing
circumstances. The parties further confmn that each is entering into this Agreement freely and
voluntarily and that the execution of this Agreement is not the result of any duress, undue influence,
collusion, or improper or illegal agreement.
17. AFFIDAVITS OF CONSENT
Each party agrees to execute an Affidavit of Consent for the obtaining of a no-fault divorce
under the provisions of the Divorce Code of 1980, as amended.
18. EFFECT OF DIVORCE DECREE ON AGRF. RMENT
Either party may enforce tl'ds Agreement as provided in section 3105(a) of the Divorce
Code, as amended..
As provided in section 3105(c), provisions of this Agreement regarding equitable
distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to
modification by the court.
19. HEADINGS NOT PART OF AGREEMENT
The descriptive headings preceding the paragraphs are for convenience and shall not affect
the meaning, construction or effect of this Agreement.
20. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANT~q
Each separate obligation shall be deemed to be a separate and independent covenant and
agreement. 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
Document #: 222424.1
-8-
shall be stricken from this Agreement and in all other respects this Agreement shall be valid and
continue in full force, effect and operation.
21. AGREEMENT BINDING ON HEIRS
This Agreement shall be binding on and shall ensure to the benefit of the parties and their
respective heirs, executors, administrators, successors, and assigns.
22. 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, warranties,
covenants or promises other than those expressly set forth in this Agreement.
23. MODIFICATION OR WAIVER TO BE IN WRITING
No modification or waiver of any term of this Agreement shall be valid unless in writing
and signed by both parties.
24. NO WAIVER OF DEFAULT
The failure of either party to insist upon strict performance of any term of this Agreement
shall in no way affect the right of such party hereafter to enforce the tenn.
25. VOLUNTARY EXECUTION
The parties acknowledge that this Agreement is fair and equitable, and that they have
reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or
improper or illegal agreements.
Document #: 222424.
-9-
26. APPLICABLE LAW
This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania
and more specifically under the Divorce Code of 1980, as amended.
27. ATI'ORNEYS' FEES FOR ENFORCEMENT
If either party breaches any provision of this Agreement, the breaching party shall pay all
reasonable legal fees and costs incurred by the other in enforcing this Agreement, providing that the
enforcing party is successful in establishing that a breach has occun'ed.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first
written above.
IglichaelV J~hn S~e~y !
c'"~rina l~arie Ross Sheedy } ~ g ~
Document Il: 222424.1
-10-
MICHAEL J. SHEEDY,
Plaintiff
TINA MARIE ROSS SHEEDY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6479 CIVIL TERM
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 3301(c) of the divorce
code.
2. Date and manner of service of the complaint: Service upon the Defendant via certified
mail, restricted delivery on November 16, 2001.
3. (Complete either paragraph (a) or (b).)
(a) Date of execution of the affidavit of consent required under Section 3301 (c) of the
divorce code: by the plaintiff March 8, 2002 ;
by the defendant March 18, 2002
(b) (1)
the divorce code
Date of execution of the plaintiffs affidavit required by Section 3301(d) of
N/A
(2)
Date of service of the plaintiffs affidavit upon the defendant
N/A
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: N/A
(b) Date plaintiff' s waiver of notice in Section 3301 (c) divorce was filed with the
Prothonotary: March 28, 2002
Date defendant's waiver of notice in Section 330 l(c),.d~vorce was filed with
the Prothonotary: April 12, 2002 ~~,~~f~ (~//1~,//-~//
David A. Baric, Esquire
Attorney for Plaintiff, Michael J. Sheedy
MICHAEL J. SHEEDY,
Plaintiff
VERSUS
TINA MARIE ROSS SHEEDY,
Defendant
iN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE Of ~~j. PENNA.
NO. 2001-6479 CIVIL
DECREE IN
AND NOW,__
DECREED THAT
AND
DIVORCE
, IT IS ORDERED aND
MICHAEL J. SHEEDY
TINA MARIE ROSS SHEEDY
, PLAiNTiFF,
,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;
THE PARTIES MARITAL SETTLEMENT AGREEMENT DATED DECEMBER 18, 2001
IS INCORPORATED BUT NOT MERGED HEREIN.
ATTEST:
Jo
PROTHONOTARY