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HomeMy WebLinkAbout00-05061IN THE COURT OF COMMON PLEAS DIANE SHERWOOD, Plaintiff No. 00-5061 CIVIL TERM VERSUS CARLTON SHERWOOD, Defendant DECREE IN DIVORCE AND NOW, Mot ivw /7• 2002, IT IS ORDERED AND DECREED THAT DIANE SHERWOOD , PLAINTIFF, AND CARLTON SHERWOOD ,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; IT IS FURTHER ORDERED that the parties' Property Settlement Agreement dated December 6, 2000, and the parties Addendum to Marital Settlement Agreement dated September 5, 20021 shall be inner nnratara intn? but not marnara Wit , thig Decree lri n,"o C2. BY THE COURT: ATT ST: J. OTHONOTARY t 1-1 DIANE SHERWOOD, Plaintiff VS. CARLTON SHERWOOD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: 00-5061 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 an appropriate divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of complaint: July 18, 2000, by personal service. 3. Complete either paragraph (a) or (b): (a)(1) Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by plaintiff: Sept. 05, 2002; by defendant: Sept. 4, 2002. (a)(2) Date of execution of the Waiver of Notice of Intention required by §3301(c) of the Divorce Code: by plaintiff: Sept. 05, 2002; by defendant: Sept. 4, 1999. (b)(1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the respondent: Filed: ; Served: 4. Related Claims Pending: No claims raised. 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 §3301(c) Divorce was filed with the prothonotary: September 19, 2002. (c) Date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: September 19, 2002. CHARLES E. PETRIE ATTORNEY FOR DEFENDANT A, T Gr ' 'R? .., \I G6-3-06I C, VI PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this A day of:Wit , 2000, is by and between: CARLTON A. SHERWOOD, of 6106 Stephens Crossing in Mechanicsburg, Pennsylvania, hereinafter referred to as "Husband"; and DIANE SHERWOOD, of 6106 Stephens Crossing in Mechanicsburg, Pennsylvania, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on 26 January 1967 and are the parents of one child, Melinda Sherwood, who is 27 years of age and fully emancipated; and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Wife has initiated an action in divorce filed to No. 00-5061 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: Page 1 of 13 A 1. LEGAL COUNSEL. The parties represent that each of them have consulted with legal counsel of their choice prior to their entry into this agreement and that each of them has had explained to them the law of Pennsylvania as it relates to their marital status, the divorce action which has been filed, and the economic claims which each of them have the right to raise in that divorce action, including, without limitation, claims for equitable distribution of marital property, alimony, alimony pendente lite, counsel fees and costs, and the like. The parties further acknowledge and represent that each of them has had full and sufficient opportunity to review this agreement with an attorney or attorneys of their choice prior to executing the agreement and that each of them has further had the opportunity to review all necessary or requested information regarding the assets of the parties, both marital assets and non-marital assets, and has either done so or hereby waives their right to further explanation of their rights under the law and further information about the assets, incomes, liabilities, and other financial data regarding the parties and the marriage. The parties further acknowledge that each of them enters into this agreement voluntary and without coercion from the other. 2. PENNSYLVANIA RESIDENCE The parties acknowledge that they are the owners of a residence at 6106 Stephens Crossing, Mechanicsburg, Cumberland County, Pennsylvania, and that the property is currently under an agreement of sale on which the parties expect to settle on or before 28 November 2000. With regard to that real estate, the parties hereby agree as follows: A. The parties will cooperate with each other, their realtor, and other advisors, to complete the contemplated sale as efficiently as possible and shall make, execute, acknowledge, and deliver any and all documents necessary to complete the sale as promptly as possible. Until such as the property is sold, both of the parties shall have the right to occupy it, free of interference from the other, and they shall continue to pay the mortgage, Page 2 of 13 utilities, and other expenses associated with or arising out of their ownership or occupancy of the property as they have prior to the date of this agreement. B. The proceeds of the sale of the property shall first be applied to pay the costs of sale, including a reasonable realtor's sales commission, and will then be applied to pay and satisfy any liens against the property, specifically including the first mortgage owed to Bank United and a home equity loan or second mortgage owed to National City Mortgage Company. C. The proceeds remaining after the payment of the items described above shall be divided equally between the parties at the time of settlement or within forty-eight (48) hours thereafter. 3. NEW JERSEY REAL ESTATE. The parties acknowledge that they own a home in Sweetwater, New Jersey, which home they are free and clear without any mortgage or encumbrance. Husband shall, within ten (10) days of the date of this agreement, by Special Warranty Deed, grant, convey, transfer, and assign to Wife, all of his right, title, and interest in and to the said property. vJife shall be solely responsible to pay all of the expenses and costs arising out of her ownership or occupancy of the property and shall indemnify and save Husband harmless from any loss, cost, or expense caused to him by her failure to do so. 4. MOTOR VEHICLES. The parties shall divide and distribute their motor vehicles as follows: A. Husband shall transfer to Wife all of his right, title, and interest in the 1992 Mercedes Benz 300 D and the 1988 Toyota Land Cruiser automobiles to Wife. Page 3 of 13 e 4 B. Wife shall transfer to Husband all of her right, title, and interest in the 1996 Ford Explorer automobile. The parties represent that none of the said motor vehicles are encumbered and that,they are all owned free and clear by the parties. The parties will make, execute, acknowledge and deliver any and all documents necessary to make the above transfers within ten (10) days of the date of this agreement and each of the parties shall, thereafter, be the sole owner of the vehicles transferred to them, shall be solely responsible for the costs and expenses arising out of their ownership or use of the motor vehicles, and shall indemnify and save harmless the other from any loss, cost, or expense caused by their failure to pay such expenses or debts as they become due. 5. INVESTMENT AND RETIREMENT ASSETS TO WIFE The parties acknowledge that Wife is currently the owner of the following assets: A. An investment account with the American Funds Group, having a value, in late September of 2000, of approximately $10,200.00. B. A flexible payment variable annuity with MONY Life of America, which had a value in late August of 2000 of approximately $271,000.00, or the proceeds of such annuity. C. Wife's interest in the State Employees Retirement System Account resulting from her employment by the Commonwealth of Pennsylvania. Husband does hereby waive, release, and relinquish, absolutely and without limitation, all of his right, title, or interest in or claim to the above assets and does confirm them to be the sole and separate property of Wife from and after the date of this agreement. 6. INVESTMENT AND RETIREMENT ASSETS TO HUSBAND The parties acknowledge that Husband is currently the owner of the following assets: Page 4 of 13 A. A flexible payment variable annuity with MONY Life of America which had a value on 14 August 2000 of approximately $113,087.15, or the proceeds of such annuity. B. A pension plan account with the American Funds Group which had a value, in late September of 2000, of approximately $48,925.00. C. A profit sharing plan account with the American Funds, Inc. which had a value, in late September of 2000, of approximately $324,100.00. D. An individual retirement account with the American Funds Group which had a value in late September of 2000, of approximately $35,100.00. E. Husband's interest in the State Employees Retirement System Account resulting from his employment by the Commonwealth of Pennsylvania. 7. LIFE INSURANCE POLICY ON HUSBAND. The parties acknowledge that they are the owners of a policy of insurance issued by the New York Life Insurance and Annuity Corporation, which insures Husband's life and which is identified as policy number 60 197 602 and which they have been informed has a cash value at this time of approximately $42,000.00. Husband does hereby sign, transfer, and set-over to Wife, all of his right, title, and interest in said policy and any rights arising out of or otherwise related to it and confirms that policy, together with its cash value, to be its sole and separate property of Wife hereafter, free of any claim by him. Further, Husband shall make, execute, acknowledge, and deliver any and all documents necessary to formally transfer and assign the said policy to Wife and waive any interest he has in it. Wife shall be solely responsible hereafter to pay any and all costs, premiums, or expenses arising out of her ownership or management of said policy and shall indemnify and save Husband harmless for any expenses caused to him by her failure to do so. Page 5 of 13 8. PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 9. DEBTS. The parties acknowledge that, during the marriage, they created and incurred various debts in their individual or joint names. With regard to those debts, Husband and Wife agree that they shall pay and satisfy those debts, in accordance with their terms, as follows: A. HUSBAND SHALL PAY THE FOLLOWING DEBTS: 1.) Chase Gold VISA with an approximate balance of $2,642.00. 2.) Discover credit card with an approximate balance of $10,917.00. 3.) A second Discover credit card with an approximate balance of $7,366.00 4.) First Union credit card with an approximate balance of $11,278.00. 5.) First USA MasterCard which the parties acknowledge has no present balance at this time. 6.) MBNA America Marine Corps credit card with an approximate balance of $16,386.00. Page 6 of 13 B. WIFE SHALL PAY THE FOLLOWING DEBTS: 1.) Bon-Ton charge account with an approximate balance of $1,406.00. 2.) Choice VISA card with an approximate balance of $6,280.00. 3.) MBNA America L.L. Bean credit card with an approximate balance of $4,471.00. 4.) PNC Bank credit card with an.approximate balance of $4,756.00. Each of the parties does hereby further agree to indemnify and save harmless the other from any loss, cost, or expense caused to them by such party's failure to pay and satisfy the above obligations in accordance with their terms. Further, each of the parties agrees that any and all joint credit accounts shall be terminated affected with the date of this agreement or, if the parties mutually agree that one of the parties may retain such an account, the party retaining the account shall secure a release of the other party from any further liability under that account within ten days of the date of this agreement. Further, the parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. Page 7 of 13 YI 10. ALIMONY. Husband shall pay Wife, as alimony pendente lite until the final decree in divorce is entered and as alimony thereafter, the following: A. The amount of the payment shall be $600.00 per month. Payment shall be made on or before the 152 day of each and every month, commencing- on 1 December 2000 and continuing thereafter for the term of the alimony as set forth herein. B. The term of the alimony shall be for twelve consequative months, commencing on 1 December 2000 and concluding on 1 November 2001. C. Neither the term nor the amount of alimony shall be subject to modification or termination by any court or tribunal. The parties agree, however, that the payment of alimony shall terminate upon the death of Wife if that occurs prior to the expiration of the term set forth in Sub Paragraph B hereof. The parties agree that the payments made pursuant to this paragraph will be treated by both of them, for tax purposes, as alimony so. that Husband may deduct such payments and Wife shall include such payments in her taxable income. 11. WAIVER OF ALIMONY SUPPORT AND ALIMONY PENDENTE LITE. The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of Page 8 of 13 _the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 12. WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of 'discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 13. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of Page 9 of 13 action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 14. WAIVER OF PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein 4 otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly 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, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as 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. 15. DISCLOSURE. Both of the parties hereto represent to the other that they have made full disclosure of the assets and income and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed this information with an attorney of their choice, or had the opportunity to review this information with an attorney of their choice and voluntarily decided not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and Page 10 of 13 all liabilities owed by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances. 16. CONCLUSION OF DIVORCE. The parties acknowledge that this agreement is made in contemplation of the conclusion by both of them of an action in divorce which has been filed. Both of the parties hereto agree that they shall, contemporaneously with the execution of this agreement, execute and deliver to Wife's attorney, an Affidavit of Consent under Section 3301(c) of the Divorce Code, consenting to the entry of a final decree in divorce, and a Waiver of further notice for the entry of such decree. Both parties agree that they shall accept the terms and provisions of this agreement in full satisfaction of any claims they may have under the Divorce Code of the Commonwealth of Pennsylvania, including, but not limited to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the like. 17. RELEASE. The parties acknowledge that the purpose of this agreement is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make in this Page 11 of 13 I .Y agreement, which shall survive the date of this agreement until such obligations are fully performed. 18. CHOICE OF LAW This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. 19. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 20. NON-WAIVER The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CARLTON A. SHERW OD es DI NE SHERW OD Page 12 of 13 #'` f Sherwood, Carlton AMENDMENTS - ADDENDUM TO SETTLEMENT AGREEMENT Section 5 (Page 5) ?S Wife does hereby waive, release and relinquish, absolutely and without limitation, all of right, title, or interest or clai t the above assets and does confirm them to be the sole and separate property of Husband from and after the date f It agreement. X1-5 Within 10 days of the execution of this agreement, Wife will return to Husband all original personal documents bearing his name, including, but not limited to, birth certificate, military, medical, tax, social security and all other pe records, bills and statements that have been in her possession for at least the past seven years. 'mdax..u:?p .x:.:_-?3-?^.s.w.ae?'m?,e,?v.u,,,?a::?a. m;u.?:aiauveatss ??w?raz?aa'e ?fUS -' ..-iA.?aa.,••• `-•°?-. ,k ^.1%, N. t; - Lry L '° 3 e ' 1 U LIU ADDENDUM TO MARITAL SETTLEMENT AGREEMENT AGREEMENT made this fA day of September, 2002, by and between CARLTON SHERWOOD, hereinafter called "Husband," and DIANE SHERWOOD, hereinafter called "Wife." WITNESSETH: WHEREAS, in consequence of disputes and unhappy differences, the parties are separated and living apart from each other; and WHEREAS, the parties desire to confirm their separation and make arrangement in connection therewith; and WHEREAS, the parties acknowledge that they executed a Property Settlement Agreement prepared by Samuel L. Andes, Esquire, legal counsel for Wife, on December 6, 2000; and WHEREAS, one child was born of the marriage; IT IS THEREFORE AGREED: 1. CONSIDERATION - The consideration for this Agreement is the mutual promises, covenants and agreements herein contained. 2. SEPARATION - It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose deem fit. 1 3. NO INTERFERENCE - Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. 4. COUNSEL FEES A. Husband agrees to pay all counsel fees incurred by him since the separation of Husband and Wife. B. Husband shall pay $1,000.00 of Wife's counsel fees. Wife agrees to pay all remaining counsel fees incurred by her since the separation of Husband and Wife. 5. DIVISION OF PERSONAL PROPERTY - Husband shall be the sole owner of the items of personal property currently in his possession. Wife shall be the sole owner of the items of personal property currently in her possession. Except as outlined in this paragraph, the parties will divide their personalty to their mutual satisfaction, and hereafter each shall own and enjoy, independently of any claim or right of the other, all items of personal property of every kind, which are now owned or held or which may hereafter belong or come to him or her, with full power of disposition as if he or she were unmarried. 6. AFTER-ACQUIRED PROPERTY - Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, whether or not marital assets were utilized in the acquisition, since the 2 date of the parties' separation, or if not separated, the date of the execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried; and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after-acquired property of the other party pursuant to the terms of this paragraph. 7. NO-FAULT DIVORCE - The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce. The parties shall execute Affidavits of Consent and Waivers to permit the entry of a Decree in Divorce. 8. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS - Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in this or her best interests, and that the Agreement is not the result of any fraud, duress, or 3 undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, and to set aside to either party that property which the court determines to be the parties' non-marital property. L The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, debt allocation, and counsel fees, costs and expenses. 4 9. WAIVER OF PENSION BENEFITS - Husband and Wife agree that each shall execute any documents necessary to release and waive any right, title or interest which either party may have in the other party's retirement plan (which is defined to mean pension, profit-sharing, or any other plan or account or retirement or deferred income). Each party agrees to execute whatever documents are required to effectuate the purpose of this paragraph. Each party appoints the other as attorney-in-fact for the purpose of consenting to any election under any plan under section 417 of the Internal Revenue Code or Section 205 of the Employee Income Security Act of 1974. It is specifically agreed that each party's rights under their respective retirement plans constitute their own separate property. Specifically, Wife hereby waives and renounces any and all rights in Husband's pension and retirement account or accounts issued by the State Employes' Retirement System and any other employer, and Husband waives and renounces any and all rights in Wife's pension and retirement accounts issued by the State Employes' Retirement System and any other employer. Husband shall pay to Wife the sum of of Twenty-five Thousand Dollars ($25,000.00) by rollover transfer into Wife's IRA or other tax-exempt account within 45 days from the date of the execution of this Agreement. 10. MARITAL DEBTS - The parties acknowledge that they have previously divided the obligations and payments required thereof of any debts and obligations arising during the marriage and in accordance therewith any 5 obligation being paid by a party shall continue to be so paid and said party shall indemnify, protect and save the other party harmless therefrom. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 11. WIFE'S DEBTS - Wife represents and warrants to Husband that she will not contract or incur any debts or liabilities for which Husband or his estate may be responsible and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her since the date of the separation. 12. HUSBAND'S DEBTS - Husband represents and warrants to Wife that he will not contract or incur any debts or liabilities for which Wife or her estate may be responsible and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him since the date of the separation. 13. PRIOR PROPERTY SETTLEMENT AGREEMENT - The terms and conditions set forth in the parties' Property Settlement Agreement under date of 6 December 6, 2000, shall remain in full and effect except for any provision that may be inconsistent with any provision of this Agreement. In such event, the terms of this Addendum shall prevail. 14. TAXES - Husband and Wife agree to indemnify and hold each other harmless should either party have to pay any taxes, interest and/or penalties assessed as a result of any error in the reporting of income and/or in the preparation of any tax return by the other party during the years in which they were married. 15. WAIVER OF WIFE'S CLAIMS AGAINST HUSBAND'S ESTATE - Wife does hereby remise, release, quitclaim and forever discharge Husband and his estate of and from any kind of every claim of any nature and kind whatsoever, including but not limited to any claim arising out of the marital relationship, whether arising out of any former contracts, engagements, or liabilities of Husband, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to elect against Husband's Will, or any other claims of any nature whatsoever, except only the rights accruing to Wife under this Agreement. Wife hereby waives and renounces any preference or right to claim appointment or to qualify as the personal representative of Husband, or to administer Husband's personal estate and effects in the event that Wife survives Husband. 16. WAIVER OF HUSBAND'S CLAIM AGAINST WIFE'S ESTATE - Husband does hereby remise, release, quitclaim and forever discharge Wife and 7 her estate of and from any and every claim of any nature and kind whatsoever, including but not limited to any claim arising out of the marital relationship, whether arising out of any former contracts, engagements or liabilities of Wife, by way of curtesy, or claim in the nature of curtesy, widower's rights, or under the intestate laws, or the right to elect against Wife's will or any other claims of any nature whatsoever, except only the rights accruing to Husband under this Agreement. Husband hereby waives and renounces any preference or right to claim appointment or to qualify as the personal representative of Wife, or to administer Wife's personal estate and effects in the event that Husband survives Wife. 17. SUBSEQUENT DIVORCE - Nothing herein contained shall be deemed to prevent either of the parties from maintaining suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted, the parties shall be bound by all terms of this Agreement and this Agreement shall be the sole remedy available to the parties. 18.EQUITABLE DIVISION OF PROPERTY - By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 8 19. MUTUAL RELEASE - Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, or his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or in equity, which either of the parties have, or have ever had, against the other including any and all rights under the Pennsylvania Domestic Relations Code, including spousal support, alimony, alimony pendente lite, equitable distribution of property and counsel fees. 20. BREACH - If either party breaches any provision of this Agreement, then he or she shall have the right to sue for damages for such breach, or seek such other remedy or relief as may be available. Counsel fees and costs of the prevailing party shall be paid by the defaulting party. 21. 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 within a reasonable time period (presumed to be thirty (30) days after such request is made) any and all further instruments including deed(s) or releases which may reasonably be required to give full force and effect to the provisions of this Agreement. 22. VOLUNTARY EXECUTION - The provisions of this Agreement and their legal effect have been fully explained to the parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered 9 into voluntarily, and that it is not the result of any duress or undue influence. The parties acknowledge that full disclosure has been made and they have been furnished with all information relating to the financial affairs of the other which has been requested and that counsel for each of the parties have reviewed the document, or, in the absence of counsel, the party has waives his or her right to counsel. 23. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parties, and there are no representations, waivers, covenants or undertakings other than those expressly set forth herein. 24. MODIFICATION AND WAIVER - 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 formality as this Agreement. The failure of either party to insist on strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default for the same or similar nature. 25. PARTIAL INVALIDITY - If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 26. BINDING EFFECT - Except as otherwise stated within, all of the provisions of this Agreement shall be binding upon the respective heirs, next of kin, executors and administrators of the parties. 10 27. INTENT OF PARTIES - It is the intention of the parties hereto that this Agreement is a complete and final disposition of their property rights and not a mere Separation Agreement. 28. INCORPORATION - The parties agree that the terms of this Agreement shall be incorporated but not merged into any Decree of Divorce which may be entered. The parties understand and agree that this Agreement shall survive any such final Decree of Divorce and shall be independent thereof. Said incorporation shall be for the sole purpose of obtaining additional rights of enforcement and the parties understand that the provisions of this Agreement shall not be subject to any modification, unless specifically provided for in the relevant paragraph. 29. ENFORCEMENT - The parties agree that any action necessary by either party to enforce their rights under this agreement against the other shall be filed before the Court of Common Pleas of Cumberland County, Pennsylvania, and, regardless of where any divorce action between them is concluded, both parties hereby stipulate to the jurisdiction and venue of the Court of Common Pleas of Cumberland County, Pennsylvania, for purposes of interpretation or enforcement of this agreement. 30. HEADINGS NOT PART OF AGREEMENT - Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 11 BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. 4flg r-1 WITNESS WITNESS LTON SHERWOOD DIANE SHERWOOD 12 r? ' 4_ es ,' t ` j r , , '" ? 4i% ?'1 ? l;u .. ? i 1 ? v ' tl .aJ ?? ?J1 4 DIANE SHERWOOD, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. X - -5661 CIVIL TERM CARLTON SHERWOOD, :CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE TO DEFEND 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, High and Hanover Street, 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Date: July 18, 2000 By: ijzz/- \ 6?.r? ? A DIANE SHERWOOD, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 0-0 - SoG/ CIVIL TERM CARLTON SHERWOOD, :CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Diane Sherwood, who currently resides at 6106 Stephens Crossing, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Carlton Sherwood, who currently resides at 6106 Stephens Crossing, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on January 26, 1967 in Camden County, New Jersey. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. 1 1 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce. Respectfully submitted, Date: July 18, 2000 By: ' :21 DIANE SHER OOD 6106 Stephens Crossing Mechanicsburg, PA 17050 Home #717-697-3936 or Office # 717-783-3589 AFFIDAVIT I, Diane Sherwood, being duly sworn according to law, depose and say: (1) 1 have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. (2) 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. (3) Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: July 18, 2000 1" Ad, ?- 'L""L DANE SHER OOD, PLAINTIFF 2 2 F ? ro VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: July 18, 2000 VANE SHER OOD, PLAINTIFF l 3 3 TARNgd?cwcx -..b?I-a--+d 4va[iwim +' imPllY3fb^ffibSSAS?rT IS6'?b'bx$'tMt.+.nx6"?.__"... -.d. e b 0 GV Tt __ w DIANE SHERWOOD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW VS. NUMBER: 00-5061 CIVIL TERM CARLTON A. SHERWOOD, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 18, 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. Z DATE: S ad, DIANE S RWOOD, PLAINTIFF SWORN TO AND SUBSCRIBED BEFQRE THIS ?6Y4-? DAY OF 2002. TAY UBLIC AA Y COMMISSION EXPIRES: Nowwsew P. P dlo 005 My Jan. 27, MW lW, pWn"W1a As9WdW of Mgi2Ht4i`x_':??axxL3ea"V4FiePni&?t34.'d+"4`itl$3"[bv?d'ini'eNiICEbN?'P?' _ •..... , - v k l T rn rt,F C3 r=a < (JI DIANE SHERWOOD, Plaintiff vs. CARLTON A. SHERWOOD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: 00-5061 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 18, 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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 un orn falsification to authorities. DATE: V ov??- 0 CARLTON A. SHERWOOD, DEFENDANT SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF 2002 NOTARY PUBLIC MY COMMISSION EXPIRES: c? 0 c_ j t ... N 5 5 ` r cr, DIANE SHERWOOD, Plaintiff vs. CARLTON A. SHERWOOD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: 00-5061 CIVIL TERM IN DIVORCE SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: ", DIANE SHE WOOD, PLAINTIFF ._ c? ? r, c? na ?' ?? - -L ?s; ;=, - -_ , ? ; ?_ ._. r U ' `?' ` ??; - . c ?- -„, t '" ;:;; ?; y - ?.'' .. •,:? t crs -< DIANE SHERWOOD, Plaintiff vs. CARLTON A. SHERWOOD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: 00-5061 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: P ?[[E) a?- CARLTON A. SHERWOOD, DEFENDANT ' -`•?.`? ?eL 2.L'is:xwd?Y€v?i4i"'y%V5b?fa t3§- YiKY'e.?kd',@?'fdSrL# SH.?--'.f§J)$1'ABS6F?C:tSMA161Y?FA' .• ••-- y ?1 y$?ySyq,av x 2 til; In J Iv DIANE SHERWOOD, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-5061 CIVIL TERM CARLTON SHERWOOD, :CIVIL ACTION - LAW Defendant : IN DIVORCE ACCEPTANCE OF SERVICE Defendant, Carlton Sherwood, hereby certifies that he received a copy of the Complaint In Divorce filed in the above term and number on July 18, 2000. Date: July 19, 2000 Carlton Sherwood, Defendant 6106 Stephens Crossing Mechanicsburg, PA 17050 717-697-3936 CZ r°:, r r - r oo DIANE SHERWOOD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: 00-5061 CIVIL TERM CARLTON SHERWOOD, Defendant IN DIVORCE NATiCF. If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in July , 1998 , and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I 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. tL-,. CARLTON SHERWOOD, DEFENDANT Date: ,?___efl ? .' . ` o ?.T ?? ? :? ?_?? ? ; , , S ? i ?? ' Y? ?? DIANE SHERWOOD, Plaintiff V. CARLTON SHERWOOD, Defendant 1. Check either (a) or (b): IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5061 CIVIL TERM IN DIVORCE (a) I do not oppose the entry of a divorce decree. _X_ (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two (2) years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. _X_ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-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 unswom falsification to authorities. Date: 5-lo•62- L? NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. DIANE SHERWOOD, Plaintiff V. CARLTON SHERWOOD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5061 CIVIL ACTION - Divorce I, Ann V. Levin, Esquire, attorney for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of Plaintiff's Counter-Affidavit under § 3301(d) of the Divorce Code on counsel for Defendant by depositing same in the U.S. Mail, first class, postage prepaid, on the 10th day of May, 2002, addressed as follows: Charles Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 SMIGEL, ANDERSON & SACKS By: LeRoy Smig , Esquire I.D. # 09617 Ann V. Levin I.D. # 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff c z `` 7r _" r z - _ -rz 4 ti 550 L 3 ;? DIANE SHERWOOD, Plaintiff vs. CARLTON SHERWOOD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: 00-5061 Civil Term IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF §3301(d) DIVORCE DECREE TO: DIANE SHERWOOD (PLAINTIFF) You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the §3301(d) affidavit. Therefore, on or after June 6, 2002, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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 2 LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 aarvm?:meau-=vamava?ewu?ans® .-_-:eac???ws ..,_?.-- _ __..?,; __?.m,. G a m t ^GL7=? :u? ?' -, i_`? e' ? U"i .:.: i K G = Cam. _? . ? <-%? ? i O ' ? ? t ^° C .. ., L s ry - -G -? A 6505-1-4/PETN RAISING MARITAL CLAIMS/AVL/vlf June 6, 2002 2:30 PM DIANE SHERWOOD, PLAINTIFF V. CARLTON SHERWOOD, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-5061 CIVIL TERM CIVIL ACTION - DIVORCE PETITION RAISING MARITAL CLAIMS AND NOW, comes Plaintiff, Diane Sherwood, by and through her counsel, Smigel, Anderson & Sacks, LLP, and files this Petition Raising Marital Claims and in support thereof states as follows: 1. Plaintiff and Defendant were married on January 26, 1967, in Camden County, New Jersey. 2. A Complaint for Divorce was filed by Plaintiff on July 18, 2000, in Cumberland County, Pennsylvania. 3. Defendant filed an Affidavit under 3301(d) of the Divorce Code on April 9, 2002. 4. Plaintiff filed a Counter-Affidavit under §3301(d) of the Divorce Code on May 13, 2002. 5. Counsel for Defendant then filed a Notice of Intention to Request Entry of §3301(d) Divorce Decree on May 15, 2002, requiring Plaintiff to file her economic claims on or before June 6, 2002. 6. Plaintiff hereby raises the following marital claims: COUNTI EQUITABLE DISTRIBUTION 7. The foregoing paragraphs of this Petition are incorporated herein as if set forth at length. 8. Plaintiff and Defendant possess various items of marital property which is subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests this Court to equitably distribute the marital property. COUNT II ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 9. The foregoing paragraphs of this Petition are incorporated herein as if set forth at length. 10. Plaintiff requires support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests the Court to award her reasonable alimony pursuant to Section 3701 of the Divorce Code. COUNT III ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES UNDER SECTION 3702 11. The foregoing paragraphs of this Petition are incorporated herein as if set forth at length. -2- 12. Plaintiff requests sufficient funds to pay counsel fees, costs or expenses incidental to this action. WHEREFORE, Plaintiff requests the Court to award her alimony pendente lite, counsel fees, costs and expenses. Respectfully submitted, SMIGEL, ANDERSON` & SACKS, LLP Date: IO °? By: V /,p LeRoy Smigel, Esquire ID #09617 Ann V. Levin, Esquire ID #70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff -3- VERIFICATION I verify that the statements contained in the foregoing instrument are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: oL '/, o?OOZ Diane Sherwood DIANE SHERWOOD, PLAINTIFF V. CARLTON SHERWOOD, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-5061 CIVIL TERM CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Plaintiff in the above-captioned action, hereby certify that a true and correct copy of the foregoing Petition Raising Marital Claims was served upon counsel for Defendant by depositing same in the U.S. Mail on June 6 , 2002, first class, postage prepaid, and addressed as follows: CHARLES E. PETRIE, ESQUIRE 3528 BRISBAN STREET HARRISBURG, PA 17111 SMIGEL, TON/&/SACKS, LLLPP By: V G?SC?-? Ann V. Levin, Esquire ID #70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff h _ C r 0- l? 'J h t r, DIANE SHERWOOD, Plaintiff V. CARLTON SHERWOOD, Defendant NOTICE TO PLEAD: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 00-5061 CIVIL TERM CIVIL ACTION - DIVORCE TO: DIANE SHERWOOD, PLAINTIFF You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. CHARLES E. PETRIE ATTORNEY FOR DEFENDANT ANSWER TO PETITION RAISING MARITAL CLAIMS NOW COMES the Defendant, CARLTON SHERWOOD, by and through his attorney, Charles E. Petrie, and respectfully answers Plaintiff's Petition Raising Marital Claims as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. No responsive pleading required. 7. No responsive pleading required. 8. Denied. Neither party possesses any items of marital property that are subject to equitable distribution by this Court. 9. No responsive pleading required. 10. Denied. Plaintiff is entirely capable of supporting herself through appropriate employment. 11. No responsive pleading required. 12. Denied. Plaintiff has sufficient funds to pay counsel fees, costs and expenses incidental to this action. WHEREFORE, Defendant respectfully requests that Your Honorable Court dismiss Plaintiff's Petition. NEW MATTER 1. On or about December 6, 2000, Plaintiff and Defendant executed a Marital Settlement Agreement resolving all financial issues between the parties. This Agreement was prepared by Samuel L. Andes, Esquire, of Lemoyne, Pennsylvania, legal counsel to Plaintiff. A copy of this Agreement is attached hereto. WHEREFORE, Defendant respectfully requests that Your Honorable Court dismiss Plaintiffs Petition. Respectfully submitted, CHARLES E. PETRIE 3528 BRISBAN STREET HARRISBURG, PA 17111 (717) 561-1939 ATTORNEY FOR DEFENDANT DIANE SHERWOOD, Plaintiff V. CARLTON SHERWOOD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 00-5061 CIVIL TERM CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I certify that I served a copy of the foregoing Answer to Petition Raising Marital Claims on counsel for the Defendant, Smigel, Anderson 8s Sacks, LLP, by depositing same on August 13, 2002, in a repository for the U.S. Mail, first class, postage prepaid, addressed to: SMIGEL, ANDERSON & SACKS LLP 4431 NORTH FRONT STREET HARRISBURG, PA 17110 G?'. ?'- -, . CHARLES E. PETRIE 3528 BRISBAN STREET HARRISBURG, PA 17111 (717) 561-1939 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Answer 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. ?J- / dr?;L- - a4k--? DAT CARLTON A. SHERWOOD PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this (Pr"l day of-6114 rlcl , 2000, is by and between: CARLTON A. SHERWOOD, of 6106 Stephens Crossing in Mechanicsburg, Pennsylvania, hereinafter referred to as "Husband"; and DIANE SHERWOOD, of 6106 Stephens Crossing in Mechanicsburg, Pennsylvania, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on 26 January 1967 and are the parents of one child, Melinda Sherwood, who is 27 years of age and fully emancipated; and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Wife has initiated an action in divorce filed to No. 00-5061 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: Page 1 of 13 1. LEGAL COUNSEL The parties represent that each of them have consulted with legal counsel of their choice prior to their entry into this agreement and that each of them has had explained to them the law of Pennsylvania as it relates to their marital status, the divorce action which has been filed, and the economic claims which each of them have the right to raise in that divorce action, including, without limitation, claims for equitable distribution of marital property, alimony, alimony pendente lite, counsel fees and costs, and the like. The parties further acknowledge and represent that each of them has had full and sufficient opportunity to review this agreement with an attorney or attorneys of their choice prior to executing the agreement and that each of them has further had the opportunity to review all necessary or requested information regarding the assets of the parties, both marital assets and non-marital assets, and has either done so or hereby waives their right to further explanation of their rights under the law and further information about the assets, incomes, liabilities, and other financial data regarding the parties and the marriage. The parties further acknowledge that each of them enters into this agreement voluntary and without coercion from the other. 2. PENNSYLVANIA RESIDENCE The parties acknowledge that they are the owners of a residence at 6106 Stephens Crossing, Mechanicsburg, Cumberland County, Pennsylvania, and that the property is currently under an agreement of sale on which the parties expect to settle on or before 28 November 2000. With regard to that real estate, the parties hereby agree as follows: A. The parties will cooperate with each other, their reactor, and other advisors, to complete the contemplated sale as efficiently as possible and shall make, execute, acknowledge, and deliver any and all documents necessary to complete the sale as promptly as possible. Until such as the property is sold, both of the parties shall have the right to occupy it, free of interference from the other, and they shall continue to pay the mortgage, Page 2 of 13 utilities, and other expenses associated with or arising out of their ownership or occupancy of the property as they have prior to the date of this agreement. B. The proceeds of the sale of the property shall first be applied to pay the costs of sale, including a reasonable realtor's sales commission, and will then be applied to pay and satisfy any liens against the property, specifically including the first mortgage owed to Bank United and a home equity loan or second mortgage owed to National City Mortgage Company. C. The proceeds remaining after the payment of the items described above shall be divided equally between the parties at the time of settlement or within forty-eight (48) hours thereafter. 3. NEW JERSEY REAL ESTATE The parties acknowledge that they own a home in Sweetwater, New Jersey, which home they are free and clear without any mortgage or encumbrance. Husband shall, within ten (10) days of the date of this agreement, by Special Warranty Deed, grant, convey, transfer, and assign to Wife, all of his right, title, and interest in and to the said property. vVife shall be solely responsible to pay all of the expenses and costs arising out of her ownership or occupancy of the property and shall indemnify and save Husband harmless from any loss, cost, or expense caused to him by her failure to do so. 4. MOTOR VEHICLES. The parties shall divide and distribute their motor vehicles as follows: A. Husband shall transfer to Wife all of his right, title, and interest in the 1992 Mercedes Benz 300 D and the 1988 Toyota Land Cruiser automobiles to Wife. Page 3 of 13 B. Wife shall transfer to Husband all of her right, title, and interest in the 1996 Ford Explorer automobile. The parties represent that none of the said motor vehicles are encumbered and that they are all owned free and clear by the parties. The parties will make, execute, acknowledge and deliver any and all documents necessary to make the above transfers within ten (10) days of the date of this agreement and each of the parties shall, thereafter, be the sole owner of the vehicles transferred to them, shall be solely responsible for the costs and expenses arising out of their ownership or use of the motor vehicles, and shall indemnify and save harmless the other from any loss, cost, or expense caused by their failure to pay such expenses or debts as they become due. 5. INVESTMENT AND RETIREMENT ASSETS TO WIFE The parties acknowledge that Wife is currently the owner of the following assets: A. An investment account with the American Funds Group, having a value, in late September of 2000, of approximately $10,200.00. B. A flexible payment variable annuity with MONY Life of America, which had a value in late August of 2000 of approximately $271,000.00, or the proceeds of such annuity. C. Wife's interest in the State Employees Retirement System Account resulting from her employment by the Commonwealth of Pennsylvania. Husband does hereby waive, release, and relinquish, absolutely and without limitation, all of his right, title, or interest in or claim to the above assets and does confirm them to be the sole and separate property of Wife from and after the date of this agreement. 6. INVESTMENT AND RETIREMENT ASSETS TO HUSBAND The parties acknowledge that Husband is currently the owner of the following assets: Page 4 of 13 A. A flexible payment variable annuity with MONY Life of America which had a value on 14 August 2000 of approximately $113,087.15, or the proceeds of such annuity. B. A pension plan account with the American Funds Group which had a value, in late September of 2000, of approximately $48,925.00. C. A profit sharing plan account with the American Funds, Inc. which had a value, in late September of 2000, of approximately $324,100.00. D. An individual retirement account with the American Funds Group which had a value in late September of 2000, of approximately $35,100.00. E. Husband's interest in the State Employees Retirement System Account resulting from his employment by the Commonwealth of Pennsylvania. 7. LIFE INSURANCE POLICY ON HUSBAND. The parties acknowledge that they are the owners of a policy of insurance issued by the New York Life Insurance and Annuity Corporation, which insures Husband's life and which is identified as policy number 60 197 602 and which they have been informed has a cash value at this time of approximately $42,000.00. Husband does hereby sign, transfer, and set-over to Wife, all of his right, title, and interest in . said policy and any rights arising out of or otherwise related to it and confirms that policy, together with its cash value, to be its sole and separate property of Wife hereafter, free of any claim by him. Further, Husband shall make, execute, acknowledge, and deliver any and all documents necessary to formally transfer and assign the said policy to Wife and waive any interest he has in it. Wife shall be solely responsible hereafter to pay any and all costs, premiums, or expenses arising out of her ownership or management of said policy and shall indemnify and save Husband harmless for any expenses caused to him by her failure to do so. Page 5 of 13 8. PERSONAL PROPERTY The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 9. DEBTS, The parties acknowledge that, during the marriage, they created and incurred various debts in their individual or joint names. With regard to those debts, Husband and Wife agree that they shall pay and satisfy those debts, in accordance with their terms, as follows: A. HUSBAND SHALL PAY THE FOLLOWING DEBTS: 1.) Chase Gold VISA with an approximate balance of $2,642.00. 2.) Discover credit card with an approximate balance of $10,917.00. 3.) A second Discover credit card with an approximate balance of $7,366.00 4.) First Union credit card with an approximate balance of $11,278.00. 5.) First USA MasterCard which the parties acknowledge has no present balance at this time. 6.) MBNA America Marine Corps credit card with an approximate balance of $16,386.00. Page 6 of 13 B. WIFE SHALL PAY THE FOLLOWING DEBTS: 1.) Bon-Ton charge account with an approximate balance of $1,406.00. 2.) Choice VISA card with an approximate balance of $6,280.00. 3.) MBNA America L.L. Bean credit card with an approximate balance of $4,471.00. 4.) PNC Bank credit card with an approximate balance of $4,756.00. Each of the parties does hereby further agree to indemnify and save harmless the other from any loss, cost, or expense caused to them by such party's failure to pay and satisfy the above obligations in accordance with their terms. Further, each of the parties agrees that any and all joint credit accounts shall be terminated affected with the date of this agreement or, if the parties mutually agree that one of the parties may retain such an account, the party retaining the account shall secure a release of the other party from any further liability under that account within ten days of the date of this agreement. Further, the parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. Page 7 of 13 10. ALIMONY. Husband shall pay Wife, as alimony pendente lite until the final decree in divorce is entered and as alimony thereafter, the following: A. The amount of the payment shall be $600.00 per month. Payment shall be made on or before the 15° day of each and every month, commencing on i December 2000 and continuing thereafter for the term of the alimony as set forth herein. B. The term of the alimony shall be for twelve consequative months, commencing on 1 December 2000 and concluding on 1 November 2001. C. Neither the term nor the amount of alimony shall be subject to modification or termination by any court or tribunal. The parties agree, however, that the payment of alimony shall terminate upon the death of Wife if that occurs prior to the expiration of the term set forth in Sub Paragraph B hereof. The parties agree that the payments made pursuant to this paragraph will be treated by both of them, for tax purposes, as alimony so. that Husband may deduct such payments and Wife shall include such payments in her taxable income. 11. WAIVER OF ALIMONY SUPPORT AND ALIMONY PENDENTE LITE. The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite : at this time and during any and all further or future actions of divorce brought by either of Page 8 of 13 the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 12. WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 13. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of Page 9 of 13 action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 14. WAIVER OF PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly 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, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as 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. 15. DISCLOSURE. Both of the parties hereto represent to the other that they have made full disclosure of the assets and income and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed this information with an attorney of their choice, or had the opportunity to review this information with an attorney of their choice and voluntarily decided not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and Page 10 of 13 all liabilities owed by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances. 16. CQNCLUSION OF DIVORCE. The parties acknowledge that this agreement is made in contemplation of the conclusion by both of them of an action in divorce which has been filed. Both of the parties hereto agree that they shall, contemporaneously with the execution of this agreement, execute and deliver to Wife's attorney, an Affidavit of Consent under Section 3301 (c) of the Divorce Code, consenting to the entry of a final decree in divorce, and a Waiver of further notice for the entry of such decree. Both parties agree that they shall accept the terms and provisions of this agreement in full satisfaction of any claims they may have under the Divorce Code of the Commonwealth of Pennsylvania, including, but not limited to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the like. 17, REL EME- The parties acknowledge that the purpose of this agreement is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make in this Page 11 of 13 Sherwood, Carttorr AMENDMENTS - ADDENDUM TO SETTLEMENT AGREEMENT Section 6 (Page 5) Wife does hereby waive, release and relinquish, absolutely and without limitation, all of right, title, or interest or clai t the above assets and does confirm them to be the sole and separate property of Husband from and after the date f t agreement. n Within 10 days of the execution of this agreement, Wife will return to Husband all original personal documents bearing his name, including, but not limited to, birth certificate, military, medical, tax, social security and all other pe records, bills and statements that have been in her possession for at least the past seven years. agreement, which shall survive the date of this agreement until such obligations are fully performed. 18. CHOICE OF LAW This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. 19. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 20. NON-WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CARLTON A. SHER 0 D WUf(epls DIANE SHERW OD Page 12 of 13 c) - ..:.1 iJf TI ? U DIANE SHERWOOD, PLAINTIFF V. CARLTON SHERWOOD, DEFENDANT TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 00-5061 CIVIL TERM CIVIL ACTION - DIVORCE Please withdraw the appearance of the undersigned as counsel for Plaintiff in the above- captioned action. Date: U - SMIGEL, ANDERSON & SACKS, LLP By: LeRoy Smigel; q 're ID #K9617 Ann V. Levin, Esquire ID #70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff TO THE PROTHONOTARY: Please enter the appearance of the undersigned as counsel for Plaintiff in the above-captioned action. Date: / sBy: DIANE SHERWOOD, PRO SE 660 Boas Street, Apt. 2003 Harrisburg, PA 17102 - 1 - DIANE SHERWOOD, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CARLTON SHERWOOD, DEFENDANT No. 00-5061 CIVIL TERM CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, Diane Sherwood, Plaintiff in the above-captioned action, hereby certify that a true and correct copy of the foregoing Praecipe for Withdrawal of Appearance and Praecipe for Entry of Appearance was served upon counsel for Defendant by depositing same in the U.S. Mail on August 28, 2002, first class, postage prepaid, and addressed as follows: CHARLES E. PETRIE, ESQUIRE 3528 BRISBAN STREET HARRISBURG. PA 17111 DIANE S ERWOOD, PRO SE 660 Boas Street Harrisburg, PA 17102 zz a z m Ct) DIANE SHERWOOD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. NUMBER: 00-5061 CIVIL ACTION CARLTON A. SHERWOOD, IN DIVORCE PRAECIPE TO WITHDRAW Please withdraw Plaintiff's Counter-Affidavit dated May 10, 2002, and filed with the Court on May 13, 2002, and Plaintiff's Petition Raising Marital Claims. September 5, 2002 4rzz' DATE DIANE SHERWOOD, PLAINTIFF C7 e r? s7 i7 C-.. #T1 -?- `n rn; ? t SEP 2 0 2002 DIANE SHERWOOD, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION -LAW vs. NUMBER: 00-5061 CARLTON A. SHERWOOD, Defendant IN DIVORCE ORDER 1. This Order is intended to constitute a qualified domestic relations order ("QDRO") as defined in section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), and the provisions hereof shall be administered and interpreted in conformity with such intent. 2. This order applies to Defendant's Individual Retirement Account Number 58709043 held by Defendant by and through CAPITAL BANK AND TRUST (the "IRA") 3. DIANE SHERWOOD is the "Alternate Payee" within the meaning of Section 414(p)(8) of the Code and Section 206(d)(3)(K) of ERISA, and her mailing address is 660 Boas Street, Harrisburg, County of Dauphin, Pennsylvania 17102. 4. CARLTON A. SHERWOOD is a Participant in the IRA and his current address is 1103 Quincy Circle, New Cumberland, County of York 17070. 5. The IRA shall pay to the Alternate Payee a portion of the benefit payable to the participant under such IRA in a lump sum amount equal to $25,000.00. This lump sum payment shall be paid to the Alternate Payee to an F6LEo-O lCE C . -Tp;, rio -if WTARY hR.b 2 py 20 CUMBERLAND COUNW ENNSYLVANIA eligible retirement IRA (within the meaning of Code Section 402(c)(8)(B) designated by the Alternate Payee as Account Number 0153408700 at the Pennsylvania State Employees Credit Union. 6. This order does not require the IRA to provide any type or form of benefit or any option not otherwise provided under the IRA; does not require the IRA to provide increased benefits and does not require the payment of any benefits to the Alternate Payee that are required to be paid to another alternate payee under any other order previously determined to be a qualified domestic relations order. 7. This Court shall retain jurisdiction to amend this order only for purposes of establishing or maintaining its qualification as a qualified domestic relations order and to make such orders as it deems necessary to provide the Alternate Payee with all the benefits to which he/she is entitled hereunder; provided that no amendment of this order shall require the IRA to provide any type or form of benefit or any option not otherwise provided under the IRA. 8. Plaintiff, DIANE SHERWOOD, and Defendant, CARLTON A. SHERWOOD, desire this Court to enter a Qualified Domestic Relations Order. WHEREFORE, Plaintiff, DIANE SHERWOOD, and Defendant, CARLTON A. SHERWOOD, request this Honorable Court to enter the attached Qualified Domestic Relations Order. BY THE COURT: DATED: ,f[sya.G?. L? qty /7 J. ?? ?. ?? ? 0 I. I DIANE SHERWOOD, Plaintiff vs. CARLTON A. SHERWOOD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NUMBER: 00-5061 IN DIVORCE MOTION FOR QUALIFIED DOMESTIC RELATIONS ORDER AND NOW come Plaintiff, DIANE SHERWOOD, and Defendant, CARLTON A. SHERWOOD, and present this Motion: 1. Plaintiff, DIANE SHERWOOD, and Defendant, CARLTON A. SHERWOOD, are parties to the instant action. 2. As a part of a settlement of the claims made by Plaintiff, DIANE SHERWOOD, for equitable distribution of marital property, the parties hereto have agreed to an assignment to Plaintiff, DIANE SHERWOOD, of a certain portion of Defendant's Individual Retirement Account Number 58709043 (the "IRA") held by Defendant by and through CAPITAL BANK AND TRUST as set forth as follows: 1. This Order is intended to constitute a qualified domestic relations order ("QDRO") as defined in section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), and the provisions hereof shall be administered and interpreted in conformity with such intent. f 2. This order applies to Defendant's Individual Retirement Account Number 58709043 held by Defendant by and through CAPITAL BANK AND TRUST (the "IRA"). 3. DIANE SHERWOOD is the "Alternate Payee" within the meaning of Section 414(p)(8) of the Code and Section 206(d)(3)(K) of ERISA, and her mailing address is 660 Boas Street, Harrisburg, County of Dauphin, Pennsylvania 17102. 4. CARLTON A. SHERWOOD is a Participant in the IRA and his current address is 1103 Quincy Circle, New Cumberland, County of York 17070. 5. The IRA shall pay to the Alternate Payee a portion of the benefit payable to the participant under such IRA in a lump sum amount equal to $25,000.00. This lump sum payment shall be paid to the Alternate Payee to an eligible retirement IRA (within the meaning of Code Section 402(c)(8)(B) designated by the Alternate Payee as Account Number 0153408700 at the Pennsylvania State Employees Credit Union. 6. This order does not require the IRA to provide any type or form of benefit or any option not otherwise provided under the IRA; does not require the IRA to provide increased benefits and does not require the payment of any benefits to the Alternate Payee that are required to be paid to another alternate payee under any other order previously determined to be a qualified domestic relations order. 7. This Court shall retain jurisdiction to amend this order only for purposes of establishing or maintaining its qualification as a qualified domestic relations order and to make such orders as it deems necessary to provide the Alternate Payee with all the benefits to which he/she is entitled hereunder; provided that no amendment of this order shall require the IRA to provide any type or form of benefit or any option not otherwise provided under the IRA. 8. Plaintiff, DIANE SHERWOOD, and Defendant, CARLTON A. SHERWOOD, desire this Court to enter a Qualified Domestic Relations Order. WHEREFORE, Plaintiff, DIANE SHERWOOD, and Defendant, CARLTON A. SHERWOOD, request this Honorable Court to enter the attached Qualified Domestic Relations Order. IANE SH t RWOOD CARLTON A. SHERWOOD CHARLES E. PETRIE, ESQUIRE Counsel for CARLTON A. SHERWOOD DATED: September /7, 2002 c? r=? ?; `, c. , T„°° J ? . 1 fJ.y .1+ :7 t,C. ?' -i %' ? ?_. - ? .,1 ?