HomeMy WebLinkAbout10-2413APRIL SHERWOOD,
Plaintiff
V.
DAVID SHERWOOD,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. to - ayQ
: 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 on the first floor of the Cumberland County Courthouse, Carlisle, Cumberland
County, PA.
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 LAWYER REFERRAL SERVICE
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
717-249-3166
The Court of Common Pleas of Cumberland County is required by law to comply
with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having
business before the Court, please contact the Court Administrator at (717) 780-6624.
A llfaarg?rtnts must be made at least 72 hours prior to any hearing or business
-Plno
before the Court.
43sa.od - LAik.
car S`'z3
Melanie L. Erb, Esquire
2132 Market Street
Camp Hill, PA 17011
717-975-9446
MerbLoDdcdlaw.net
APRIL SHERWOOD,
Plaintiff
V.
DAVID SHERWOOD,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
. NO.
: CIVIL ACTION - LAW
: IN DIVORCE
COMPLAINT UNDER SECTION 3301(c) or 3301(d)
OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, April Sherwood, by and through her attorney, Melanie
L. Erb, Esquire and the Dethlefs-Pykosh Law Group, LLC, who brings this Complaint in
Divorce and avers as follows:
Plaintiff is April Sherwood, an adult individual currently residing at 3013 Lisburn
Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050.
2. Defendant is David Sherwood, an adult individual currently residing at 3009
Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050.
3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for
at least six (6) months immediately prior to the filing of this Complaint.
4. Plaintiff avers that Defendant has also been a bona fide resident of the
Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing
of this Complaint.
I
5. The parties were married on September 3, 1988 in Burlington County, New
Jersey.
6. There have been no prior actions of divorce or annulment between the parties.
7. The marriage is irretrievably broken
8. The parties have been separated since March 20, 2006.
9. Plaintiff avers that neither party is an active member of the United States Military
or its allies.
10. Plaintiff has been advised that counseling is available and that Plaintiff may have
the right to request that the Court require the parties to participate in counseling. Being so
advised, Plaintiff waives that right.
11. Plaintiff avers that Defendant has been advised of the availability of counseling
and that Defendant may have the right to request that the Court require the parties to
participate in counseling.
12. Plaintiff avers the grounds for divorce:
a. The marriage is irretrievably broken;
b. The parties consent to the divorce; or in the alternative,
c. The parties have lived separate and apart for a period or two (2) years.
WHEREFORE, Plaintiff, April Sherwood, respectfully requests this Honorable Court
grant a Decree in Divorce pursuant to Section 3301 (c) or (d) of the Divorce Code.
Respectfully Submitted,
Mel? iie.-L. Erb, Esquire
Attornev I.D. No. 84445
The Law Offices of Darrell C. Dethlefs
2132 Market Street
Camp Hill, PA 17011
717-975-9446
Attorney for Plaintiff
. •
VERIFICATION
I, APRIL SHERWOOD, verify that the statements made in the foregoing Complaint in
Divorce are true and correct. I understand that false statements made herein are subject to the
penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities.
I 1/o ?" go,, 141W
AP L S E WOOD
-l - ID
DATE
APRIL SHERWOOD, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 10-02413
DAVID SHERWOOD, CIVIL ACTION–LAW
Defendant
IN DIVORCE C
>
ENTRY OF APPEARANCE r- N t'
TO THE PROTHONOTARY:
N)
Kindly enter my appearance on behalf of the Defendant, David Sherwood, in the above-
captioned matter.
Respectfully submitted,
1C, H "
J n M. Kerr, Esquire
Attorney I.D.#26414
John Kerr Law, P.C.
5020 Ritter Road
Suite 104
Mechanicsburg, PA 17055
(717)766-4008
Dated:April 2, 2013
5020 Ritter Road
Suite 104
McCb8tliCSbUfg,PA 17055
PHotve: 717.766.4008
Rnx: 717.766.4066
CERTIFICATE OF SERVICE
The undersigned hereby certifies that he has served a copy of the foregoing, "Entry of
Appearance," on the below-named individual in the manner indicated:
First-Class Mail, Postage Prepaid:
Melanie Erb, Esquire
2132 Market Street
Camp Hill, PA 17011
John M. Kerr, Esquire
5020 Ritter Road
Suite 104
Mechanicsburg, PA 17055
(717)766-4008
Dated:April 2, 2013
�ohn�,rr aw.PC
5020 Ritter Road
Suite 104
Mechanicsburg,PA 17055
PHONE: 717.766.4008
FAx: 717.766.4066
APRIL SHERWOOD, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
V. : NO. 10-02413
DAVID SHERWOOD, : CIVIL ACTION—LAW
Defendant : IN DIVORCE
COUNTER-AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE
rnrn r
1. Check either(a)or(b): �' 770 .
v/(a) I do not oppose the entry of a divorce decree. --0 -
:CD :<
(b) I oppose the entry of a divorce decree because
(check(i),(ii)or both):
c z)
(i) The parties to this action have not lived separate and
apart for a period of at least two 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.
(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 delay.
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 nalties o 18 Pa.C.S.
§4904,relating to unworn falsification to authorities.
DATE: :� 7413
David Sherwood, Defendant
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 counteraffidavit.
r
APRIL SH � |N THE COURT QFCOMMON PLE4 C= -�
_ +
Plaintiff CUMBERLAND COUNTY, PEN --r-
' -�
; °* r�r-
�
NO. 10"02413 ^�r- , �or'
°' CD .
�
CIVIL ACTION-LAW r� �� C)-�
�
IN DIVORCE
N) /n�'
DAVDSHERVVOOO` � -
.
Defendant
DEFENDANT DAVID SHERWOOD'S STATEMENT OF ECONOMIC CLAIMS
AND NOW,comes David Sherwood(hereinafter,°Husband°\ Oefendantinthe
above-captioned matter, by his counsel,John M. Kerr,Esquire, pursuant to Pa.R.Civ.p.
1920.42(d)(2Landfiles the within Statement of Economic Claims accompanying his Counter-
Affidavit under§33D1(6)ofthmDivmrce{ome, mepreoentingaaho|kovvo:
1. The parties,April and David Sherwood,'are the owners of certain real estate with
improvements located at 3013 Lisburn Road,Mechanicsburg, Pennsylvania 17055.
2' This real estate served as the marital home.
3. For a period of fifteen(15)years, Husband contributed to paying the mortgage.
4. Husband believes the real estate 10 have a market value uf$18O.00'0O.
.WHEREFORE, Husband requests that said real estate be equitably divided as part of the present
divorce proceedings.
Respectfully yours,
ohn PC:
5020 Wter Road
Sufte 104
Mechardcsburg.PA j 705s °
m°sm. r/rrmz*ouo Esquire
pAx. r'z,nn.wxM Attorney|.D.#26414
John Kerr Law, P.C.
5O2O Ritter Road,Suite 1O4
Mechanicsburg, PA17O5S
(717)766-4008
Dated: April 8,2013
CERTIFICATE OF SERVICE
The undersigned hereby certifies that he has served a copy of the foregoing, "Defendant
David Sherwood's Statement of Economic Claims,"on the below-named individual in the
manner indicated:
First-Class Mail, Postage Prepaid
Melanie L. Erb, Esquire
Dethlefs-Pykosh Law Group, LLC.
2132 Market Street
Camp Hill, PA 17011
J n M. Kerr, Esquire
5020 Ritter Road
Suite 104
Mechanicsburg, PA 17055
(717)766-4008
Dated:April 8, 2013
�ohn I<err aw,PC
5020 Ritter Road
State 104
Medkinl(SbU[g,PA 17055
Pram: 717.766.4008
FAx: 717.766.4066
APRIL SHERWOOD, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSV4Nlik.->
v. : NO. 10-02413 zx -�7
rn
-_
z dirt
DAVID SHERWOOD, : CIVIL ACTION — LAW .�A ‘..0 a
Defendant : IN DIVORCE cc n
z
•
MARITAL SETTLEMENT AGREEMENT _..
THIS AGREEMENT, made this ,tct- day of 3 .1� ,� , 20 I " , by and
between DAVID SHERWOOD (hereinafter referred to as "Husband") and APRIL
SHERWOOD (hereinafter referred to as "Wife").
WHEREAS, Husband and Wife were married on September 8, 1988 in
Mechanicsburg, Cumberland County, Pennsylvania; and
WHEREAS, As a consequence of disputes and unhappy differences, the parties
have separated. The parties desire to confirm their separation and make arrangements
in connection therewith, including the settlement of their property rights, and all other
rights and obligations arising out of the marriage relationship; and
WHEREAS, Parties desire to completely settle their property rights, separation of
their marital and non-marital, real and personal, belonging to each and/or both of the
parties hereto and all other rights, entitlements, benefits, and privileges involved between
the parties hereto arising directly or indirectly out of the marriage relationship; and
WHEREAS, Parties have had adequate time and opportunity to consult with
separate legal counsel of their own; and
WHEREAS, Wife has retained the Dethlefs-Pykosh Law Group, LLC as her
separate counsel; and
WHEREAS, Husband has retained John Kerr Law, PC as his separate counsel;
and
WHEREAS, both Parties acknowledge that they are satisfied with the legal advice
they have received and/or the opportunity to consult legal counsel and understand the full
importance of the Agreement they are entering into; and
NOW THEREFORE, in consideration of the promises and of the marriage, and in
further consideration of the mutual promises and undertakings hereinafter set forth, each
intending to be legally bound hereby, the parties agree as follows:
1. SEPARATION AND NONINTERFERENCE
A. It will 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
or deem fit.
B. 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. Neither shall
bother the other or compel or endeavor to compel the other to cohabit or dwell with him
or her.
2. MUTUAL RELEASE
Subject to the provisions of this Agreement, each party has released and
discharged, and by this Agreement does for himself or herself, and 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 equity,
which either of the parties ever had or now has against the other, except any or all cause
2
or causes of action for divorce.
3. FULL DISCLOSURE
The provisions of this Agreement and their legal effect are fully understood by each
party to this agreement, and each party acknowledges that the Agreement is fair and
equitable, that it is being entered into voluntarily, and that it is not the result of any duress
or undue influence. Husband and wife each represent and warrant to the other that he
or she has made a full and complete disclosure to the other of all assets of any nature
whatsoever and of all other facts relating to the subject matter of this Agreement. Both
parties represent that the terms of this Agreement have been fully explained to them by
their respective counsel or that both parties have had the opportunity to have legal
counsel review and fully explain the terms of this Agreement.
4. EQUITABLE DIVISION
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.
5. SUBSEQUENT DIVORCE
A. AGREEMENT NOT PREDICATED ON DIVORCE - It is specifically
understood and agreed by and between the parties hereto and each of the said parties
does hereby warrant and represent to the other that the execution and delivery of this
Agreement is not predicated upon nor made subject to any agreement for institution,
prosecution, defense, or for the non-prosecution or non-defense of any action for divorce;
provided, however, that nothing contained in this Agreement shall prevent or preclude
either of the parties hereto from commencing, instituting or prosecuting any action or
3
actions for divorce upon just, legal and proper grounds; nor to prevent either party from
defending any such action which has been, may, or shall be instituted by the other party,
or from making any just or proper defense thereto. It is warranted, covenanted and
represented by Husband and Wife, each to the other, that this Agreement is lawful and
enforceable and this warranty, covenant and representation is made for the specific
purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife
each knowingly and understandingly hereby waive any and all possible claims that this
Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in
whole or in part. Husband and wife each do hereby warrant, covenant and agree that, in
any possible event, he and she are and shall forever by stopped from asserting any
illegality or unenforceability as to all or any part of this Agreement.
B. ENTRY AS PART OF DECREE - It is the intention of the parties that the
Agreement shall survive any action for divorce which may be instituted or prosecuted by
either party and no order, judgment or decree of divorce, temporary, final or permanent,
shall affect or modify the financial terms of this Agreement. This Agreement shall be
incorporated in but shall not merge into any such judgment or decree of final divorce, but
shall be incorporated for the purpose of enforcement only. The parties mutually agree
that this Agreement shall not be filed with the Prothonotary to protect the privacy of the
parties regarding financial matters unless there becomes a need to enforce the
Agreement.
C. MUTUAL CONSENT DIVORCE - The parties agree and acknowledge that
their marriage is irretrievably broken, that they do not desire marital counseling, and that
they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section
4
3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits,
or other documents as may be necessary to promptly proceed to obtain a divorce
pursuant to said 23 Pa.C.S.A. Section 3301(c). Upon request, to the extent permitted by
law and the applicable Rules of Civil Procedure, the named Defendant in such divorce
action shall execute any waivers of notice or other waivers necessary to expedite such
divorce.
6. EQUITABLE DISTRIBUTION PAYMENT
The parties agree that Wife shall transfer to Husband, a payment of $23,500.00
upon the sale of the marital residence located at 3013 Lisburn Road, Mechanicsburg,
Cumberland County, Pennsylvania.
7. DIVISION OF PERSONAL PROPERTY
The parties agree that Husband and Wife have previously divided, to their mutual
satisfaction, the possessions contained in the marital residence.
8. VEHICLES
Wife shall retain possession of the motor vehicle(s) that is currently in her
possession.
Husband shall retain possession of the motor vehicle(s) that is currently in his
possession. The parties agree to cooperate with the transfer of titles of the vehicles to
the party specified in this agreement. The parties agree that each shall be responsible
for all expenses and liabilities associated with their respective motor vehicles. The
parties shall indemnify and hold the other harmless for failure to pay. Each party agrees
to waive any right, title and interest in the other parties' vehicle.
9. LIABILITIES
5
The parties mutually agree that each shall be solely liable for any and all debt in
either in his or her name except as set forth in this Agreement.
Husband and Wife agree that each shall be responsible for personal debt in their
own name, unless otherwise indicated in this Agreement. Each shall identify and hold
the other harmless for failure to pay such debts.
10. AFTER-ACQUIRED PERSONAL PROPERTY
Each of the parties shall hereafter own and enjoy, independently of any claim or
right of the other, all items of personal property, tangible or intangible, acquired by him or
her after date of separation, 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.
11. DISPOSITION OF PROPERTY
From and after the date of the signing of this Agreement, both parties shall have
complete freedom of disposition as to his/her separate property and any property which
is in their possession or control pursuant to this Agreement and may mortgage, sell, grant,
convey or otherwise encumber or dispose of such property, whether real or personal,
whether such property was acauired before, during or after marriage, and neither
Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other
instrument of the other pertaining to such disposition of property.
12. REAL ESTATE
As of the date of the execution of this Agreement, the parties shall transfer and
assign their rights, title, claim and interest in specific property.
The parties' marital residence located at 3013 Lisburn Road, Mechanicsburg,
Cumberland County, Pennsylvania, shall become now and forever the sole property of
6
Wife.
Both parties agree that any and all inheritances from Wife's grandfather and Wife's
mother, including any increase in value on said inheritances, shall be deemed the
separate property of Wife and shall not be subject to equitable distribution.
Wife shall promptly list for sale the marital residence for a price solely determined
by Wife, any proceeds shall be divided as follows:
a. Wife shall be fully reimbursed for the inheritance funds that she used
to payoff of the first mortgage; and
b. Wife shall be fully reimbursed for the inheritance funds that she used
to payoff of the second mortgage; and
c. Any and all settlement charges shall be deducted from the proceeds
of the sale; and
d. Husband shall receive the sum of$23,500.00; and
e. Any remaining proceeds, if any, shall be the Wife's property.
Husband agrees to now and forever relinquish all rights and interest whether in
law or equity in the marital residence and Wife's aforementioned inheritances now and
in the future, except as provided herein, and shall cooperate in completing any
documents required by the mortgage holder, Wife, or any other entity to accomplish the
intent of this Agreement. Wife shall be responsible for paying all taxes, costs, fees
associates with said property. Wife agrees to indemnify and hold Husband against any
loss or liability resulting from the ownership of said property. Such agreement shall be
binding on all heirs, executors, administrators or assigns of Husband.
7
13. COUNSEL FEES
The parties mutually agree to be solely responsible for payment of his or her
attorney fees in connection with this Agreement and any future divorce action.
14. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT
The parties mutually agree that, being aware of the income, education, income
potential and assets and holdings of the other or having the opportunity to discover such
information, each shall waive any and all past, present or future claims for spousal
support, alimony pendente lite, and alimony.
15. PENSION and EMPLOYMENT BENEFITS
Wife hereby releases any other interest that she has in the retirement and
employment benefits of Husband accumulated as the result of his employment and any
other additional benefits he may have accrued, except as set forth in this Agreement.
Husband hereby releases any interest that he has in the retirement benefits of Wife
accumulated as the result of her employment and any other additional benefits she may
have accrued. This waiver is a full and complete discharge of each party's marital claim.
The parties agree to execute any and all documents necessary to effectuate the terms
herein contained.
16. TAX RETURNS
The parties mutually agree that they will file separate federal, state and local tax
returns unless otherwise mutually agreed upon.
17. MISCELLANEOUS
The parties believe and agree, that the division of property hereto made by this
Agreement is a non-taxable sale or exchange of such property. Each party promises not
8
to take any position with respect to the adjusted basis of the property assigned to him or
her or with respect to any other issue which is inconsistent with the position set forth in
the preceding sentence on his or her federal or state income tax returns.
18. LEGAL ADVICE
The provisions of this agreement and their legal effect have been fully explained
to the parties by their respective counsel. The wife has employed and had the benefit of
counsel of Darrell C. Dethlefs, Esquire, as her attorney. The Husband has employed and
had the benefit of counsel of John Kerr, Esquire as his attorney. Each party acknowledges
that he or she fully understands the facts and fully understands his or her legal rights and
obligations and each party acknowledges and accepts that this agreement is, in the
circumstances, fair and equitable, and that it is being entered into freely and voluntarily
after having received such advice and with such knowledge, and that execution of the
agreement is not the result of any duress or undue influence and that it is not the result
of any collusion or improper or illegal agreement or agreements. The respective parties
do hereby warrant, represent and declare and do acknowledge and agree that each is
and has been fully and completely informed of and is familiar with and cognizant of the
wealth, real and/or personal property, estate and assets, earnings and income of the other
and that each has made a full and complete disclosure to the other of his and her entire
assets and liabilities and any further enumeration or statement thereof in this agreement
is hereby specifically waived, and the parties do not wish to make or append hereto any
further enumeration or statement. Each of the parties hereto further covenants and
further agrees for himself and herself and his or her heirs, executors, administrators and
assigns, that he or she will never at any time sue the other party or his or her heirs,
9
executors, administrators or assigns, in any action or contention, direct or indirect, that
there was any absence or lack of full disclosure or that there was any absence or lack of
full, proper or independent representation.
19. GENERAL PROVISIONS
A. WARRANTY AS TO EXISTING OBLIGATIONS - Each party represents
that they have not heretofore incurred or contracted for any debt or liability or obligation
for which the estate of the other party may be responsible or liable except as may be
provided for in this Agreement. Each party agrees to indemnify or hold the other party
harmless from and against any and all such debts, liabilities, or obligations of every kind
which may have heretofore been incurred by them, including those for necessities, except
for the obligations arising out of this Agreement.
B. WARRANTY AS TO FUTURE OBLIGATIONS - Wife and Husband each
covenant, warrant, represent, and agree that each will now and at all times hereafter
save harmless and keep the other after the execution date of this Agreement, except as
may be otherwise specifically provided for by the terms of this Agreement and that neither
of them shall hereafter incur any liability whatsoever for which the estate of the other may
be liable.
C. SEVERABILITY - 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 shall be stricken from this Agreement and
in all other respects this Agreement shall be valid and continue in full force, effect, and
operation. Likewise, the failure of any party to meet his or her obligations under any one
or more of the paragraphs herein, with the exception of the satisfaction of the conditions
10
precedent, shall in no way void or alter the remaining obligations of the parties.
D. OTHER DOCUMENTATION - Wife and Husband covenant and agree that
they will forthwith execute any and all written assignments, releases, satisfactions, deeds,
notes or such other writings as may be necessary or desirable for the proper effectuation
of this agreement, and as their respective counsel shall mutually agree should be so
executed in order to carry out fully and effectively the terms of this Agreement.
E. ENTIRE AGREEMENT-This Agreement contains the entire understanding
of the parities, and there are no representations, warranties, covenants, or undertakings
other than those expressly set forth herein.
F. WAIVER OR MODIFICATION TO BE IN WRITING - No modification or
waiver of any of the terms hereof shall be valid unless in writing and signed by both parties
and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any
subsequent default of the same or similar nature.
G. MUTUAL COOPERATION - Each party shall, at any time and from to time
to time hereafter, take any and all steps and execute, acknowledge and deliver to the
other party any and all further instruments and/or documents that the other party may
reasonably require for the purpose of giving full force and effect to the provisions of this
Agreement.
H. LAW GOVERNING - This Agreement shall be construed and governed in
accordance with the laws of the Commonwealth of Pennsylvania.
I. BINDING EFFECT - Except as otherwise stated herein, this Agreement
shall be binding and shall inure to the benefit of the parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
11
J. NO WAIVER OF DEFAULT - This Agreement shall remain in full force and
effect unless and until terminated under and pursuant to the terms of this Agreement.
The failure of either party to insist upon strict performance of any of the provisions of this
Agreement shall in no way affect the right of such party hereafter to enforce the same,
nor shall the waiver of any breach of any provision hereof be construed as a waiver of
any subsequent default of the same or similar nature, nor shall it be construed as a waiver
of strict performance of any other obligations herein.
K. HEADINGS NOT PART OF AGREEMENT - Any heading preceding
the text of the several paragraphs and subparagraphs hereof are inserted solely for
convenience or referenced and shall not constitute a part of this Agreement nor shall they
affect its meaning, construction, or effect.
L. WAIVER OF CLAIMS AGAINST ESTATES - Except as herein otherwise
provide, each party may dispose of his or her property in any way, and each party hereby
waives and relinquishes any and all rights he or she may have or hereafter acquire, under
the present or future laws of Pennsylvania or another jurisdiction, to share in the property
or the estate of the other as a result of the marital relationship, including, without limitation,
dower, courtesy, their statutory equivalents, widow's allowance, homestead rights, right
to take in intestacy, right to take against the will of other, and right to act as administrator
or executor of the other's estate, and each party 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.
M. ATTORNEY'S FEES FOR ENFORCEMENT - In the event that either party
12
breaches any provision of this Agreement, and the other party retains counsel to assist in
enforcing the terms thereof, the parties hereby agree that the breaching party will pay for
all reasonable attorney's fees, court costs, and expenses incurred by the other party in
enforcing the Agreement.
IN WITNESS WHEREOF, and intending to be bound hereby, the parties have
signed and sealed this Agreement on the"Ask- day of J^- -°! , 20 s k
In the presence of:
Aril herwood, Plaintiff
April
David Sherwood, Defendant
13
APRIL SHERWOOD, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO: 10 - 2413 CIVIL
DAVID SHERWOOD,
Defendant IN DIVORCE
ORDER OF COURT
AND NOW, this 6 "', day of
2014, the economic claims raised in the proceedings having been
resolved in accordance with a marital settlement agreement
dated January 20, 2014 , the appointment of the Master is
vacated and counsel can file a praecipe transmitting the record
to the Court requesting a final decree in divorce.
BY THE COURT,
K in A. Hess, P.J.
CC: �Melanie L. Erb
At orney for Plaintiff
John M. Kerr �
Attorney for Defendant
T 3= `" -;CD
APRIL SHERWOOD, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSY-�_VANIAc::
V. : NO. 10-02413 zW � ,�?r
z:z - ;
DAVID SHERWOOD, : CIVIL ACTION — LAW �'�� Q°
Defendant : IN DIVORCE <o
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this day of 20 I`' by and
between DAVID SHERWOOD (hereinafter referred to as "Husband") and APRIL
SHERWOOD (hereinafter referred to as "Wife").
WHEREAS, Husband and Wife were married on September 8, 1988 in
Mechanicsburg, Cumberland County, Pennsylvania; and
WHEREAS, As a consequence of disputes and unhappy differences, the parties
have separated. The parties desire to confirm their separation and make arrangements
in connection therewith, including the settlement of their property rights, and all other
rights and obligations arising out of the marriage relationship; and
WHEREAS, Parties desire to completely settle their property rights, separation of
their marital and non-marital, real and personal, belonging to each and/or both of the
parties hereto and all other rights, entitlements, benefits, and privileges involved between
the parties hereto arising directly or indirectly out of the marriage relationship; and
WHEREAS, Parties have had adequate time and opportunity to consult with
separate legal counsel of their own; and
WHEREAS, Wife has retained the Dethlefs-Pykosh Law Group, LLC as her
separate counsel; and
WHEREAS, Husband has retained John Kerr Law, PC as his separate counsel;
and
WHEREAS, both Parties acknowledge that they are satisfied with the legal advice
they have received and/or the opportunity to consult legal counsel and understand the full
importance of the Agreement they are entering into; and
NOW THEREFORE, in consideration of the promises and of the marriage, and in
further consideration of the mutual promises and undertakings hereinafter set forth, each
intending to be legally bound hereby, the parties agree as follows:
1. SEPARATION AND NONINTERFERENCE
A. It will 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
or deem fit.
B. 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. Neither shall
bother the other or compel or endeavor to compel the other to cohabit or dwell with him
or her.
2. MUTUAL RELEASE
Subject to the provisions of this Agreement, each party has released and
discharged, and by this Agreement does for himself or herself, and 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 equity,
which either of the parties ever had or now has against the other, except any or all cause
2
or causes of action for divorce.
3. FULL DISCLOSURE
The provisions of this Agreement and their legal effect are fully understood by each
party to this agreement, and each party acknowledges that the Agreement is fair and
equitable, that it is being entered into voluntarily, and that it is not the result of any duress
or undue influence. Husband and wife each represent and warrant to the other that he
or she has made a full and complete disclosure to the other of all assets of any nature
whatsoever and of all other facts relating to the subject matter of this Agreement. Both
parties represent that the terms of this Agreement have been fully explained to them by
their respective counsel or that both parties have had the opportunity to have legal
counsel review and fully explain the terms of this Agreement.
4. EQUITABLE DIVISION
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.
5. SUBSEQUENT DIVORCE
A. AGREEMENT NOT PREDICATED ON DIVORCE - It is specifically
understood and agreed by and between the parties hereto and each of the said parties
does hereby warrant and represent to the other that the execution and delivery of this
Agreement is not predicated upon nor made subject to any agreement for institution,
prosecution, defense, or for the non-prosecution or non-defense of any action for divorce;
provided, however, that nothing contained in this Agreement shall prevent or preclude
either of the parties hereto from commencing, instituting or prosecuting any action or
3
actions for divorce upon just, legal and proper grounds; nor to prevent either party from
defending any such action which has been, may, or shall be instituted by the other party,
or from making any just or proper defense thereto. It is warranted, covenanted and
represented by Husband and Wife, each to the other, that this Agreement is lawful and
enforceable and this warranty, covenant and representation is made for the specific
purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife
each knowingly and understandingly hereby waive any and all possible claims that this
Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in
whole or in part. Husband and wife each do hereby warrant, covenant and agree that, in
any possible event, he and she are and shall forever by stopped from asserting any
illegality or unenforceability as to all or any part of this Agreement.
B. ENTRY AS PART OF DECREE - It is the intention of the parties that the
Agreement shall survive any action for divorce which may be instituted or prosecuted by
either party and no order, judgment or decree of divorce, temporary, final or permanent,
shall affect or modify the financial terms of this Agreement. This Agreement shall be
incorporated in but shall not merge into any such judgment or decree of final divorce, but
shall be incorporated for the purpose of enforcement only. The parties mutually agree
that this Agreement shall not be filed with the Prothonotary to protect the privacy of the
parties regarding financial matters unless there becomes a need to enforce the
Agreement.
C. MUTUAL CONSENT DIVORCE - The parties agree and acknowledge that
their marriage is irretrievably broken, that they do not desire marital counseling, and that
they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section
4
3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits,
or other documents as may be necessary to promptly proceed to obtain a divorce
pursuant to said 23 Pa.C.S.A. Section 3301(c). Upon request, to the extent permitted by
law and the applicable Rules of Civil Procedure, the named Defendant in such divorce
action shall execute any waivers of notice or other waivers necessary to expedite such
divorce.
6. EQUITABLE DISTRIBUTION PAYMENT
The parties agree that Wife shall transfer to Husband, a payment of $23,500.00
upon the sale of the marital residence located at 3013 Lisburn Road, Mechanicsburg,
Cumberland County, Pennsylvania.
7. DIVISION OF PERSONAL PROPERTY
The parties agree that Husband and Wife have previously divided, to their mutual
satisfaction, the possessions contained in the marital residence.
8. VEHICLES
Wife shall retain possession of the motor vehicle(s) that is currently in her
possession.
Husband shall retain possession of the motor vehicle(s) that is currently in his
possession. The parties agree to cooperate with the transfer of titles of the vehicles to
the party specified in this agreement. The parties agree that each shall be responsible
for all expenses and liabilities associated with their respective motor vehicles. The
parties shall indemnify and hold the other harmless for failure to pay. Each party agrees
to waive any right, title and interest in the other parties' vehicle.
9. LIABILITIES
5
The parties mutually agree that each shall be solely liable for any and all debt in
either in his or her name except as set forth in this Agreement.
Husband and Wife agree that each shall be responsible for personal debt in their
own name, unless otherwise indicated in this Agreement. Each shall identify and hold
the other harmless for failure to pay such debts.
10. AFTER-ACQUIRED PERSONAL PROPERTY
Each of the parties shall hereafter own and enjoy, independently of any claim or
right of the other, all items of personal property, tangible or intangible, acquired by him or
her after date of separation, 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.
11. DISPOSITION OF PROPERTY
From and after the date of the signing of this Agreement, both parties shall have
complete freedom of disposition as to his/her separate property and any property which
is in their possession or control pursuant to this Agreement and may mortgage, sell, grant,
convey or otherwise encumber or dispose of such property, whether real or personal,
whether such property was acquired before, during or after marriage, and neither
Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other
instrument of the other pertaining to such disposition of property.
12. REAL ESTATE
As of the date of the execution of this Agreement, the parties shall transfer and
assign their rights, title, claim and interest in specific property.
The parties' marital residence located at 3013 Lisburn Road, Mechanicsburg,
Cumberland County, Pennsylvania, shall become now and forever the sole property of
6
Wife.
Both parties agree that any and all inheritances from Wife's grandfather and Wife's
mother, including any increase in value on said inheritances, shall be deemed the
separate property of Wife and shall not be subject to equitable distribution.
Wife shall promptly list for sale the marital residence for a price solely determined
by Wife, any proceeds shall be divided as follows:
a. Wife shall be fully reimbursed for the inheritance funds that she used
to payoff of the first mortgage; and
b. Wife shall be fully reimbursed for the inheritance funds that she used
to payoff of the second mortgage; and
C. Any and all settlement charges shall be deducted from the proceeds
of the sale; and
d. Husband shall receive the sum of$23,500.00; and
e. Any remaining proceeds, if any, shall be the Wife's property.
Husband agrees to now and forever relinquish all rights and interest whether in
law or equity in the marital residence and Wife's aforementioned inheritances now and
in the future, except as provided herein, and shall cooperate in completing any
documents required by the mortgage holder, Wife, or any other entity to accomplish the
intent of this Agreement. Wife shall be responsible for paying all taxes, costs, fees
associates with said property. Wife agrees to indemnify and hold Husband against any
loss or liability resulting from the ownership of said property. Such agreement shall be
binding on all heirs, executors, administrators or assigns of Husband.
7
13. COUNSEL FEES
The parties mutually agree to be solely responsible for payment of his or her
attorney fees in connection with this Agreement and any future divorce action.
14. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT
The parties mutually agree that, being aware of the income, education, income
potential and assets and holdings of the other or having the opportunity to discover such
information, each shall waive any and all past, present or future claims for spousal
support, alimony pendente lite, and alimony.
15. PENSION and EMPLOYMENT BENEFITS
Wife hereby releases any other interest that she has in the retirement and
employment benefits of Husband accumulated as the result of his employment and any
other additional benefits he may have accrued, except as set forth in this Agreement.
Husband hereby releases any interest that he has in the retirement benefits of Wife
accumulated as the result of her employment and any other additional benefits she may
have accrued. This waiver is a full and complete discharge of each party's marital claim.
The parties agree to execute any and all documents necessary to effectuate the terms
herein contained.
16. TAX RETURNS
The parties mutually agree that they will file separate federal, state and local tax
returns unless otherwise mutually agreed upon.
17. MISCELLANEOUS
The parties believe and agree, that the division of property hereto made by this
Agreement is a non-taxable sale or exchange of such property. Each party promises not
8
to take any position with respect to the adjusted basis of the property assigned to him or
her or with respect to any other issue which is inconsistent with the position set forth in
the preceding sentence on his or her federal or state income tax returns.
18. LEGAL ADVICE
The provisions of this agreement and their legal effect have been fully explained
to the parties by their respective counsel. The wife has employed and had the benefit of
counsel of Darrell C. Dethlefs, Esquire, as her attorney. The Husband has employed and
had the benefit of counsel of John Kerr, Esquire as his attorney. Each party acknowledges
that he or she fully understands the facts and fully understands his or her legal rights and
obligations and each party acknowledges and accepts that this agreement is, in the
circumstances, fair and equitable, and that it is being entered into freely and voluntarily
after having received such advice and with such knowledge, and that execution of the
agreement is not the result of any duress or undue influence and that it is not the result
of any collusion or improper or illegal agreement or agreements. The respective parties
do hereby warrant, represent and declare and do acknowledge and agree that each is
and has been fully and completely informed of and is familiar with and cognizant of the
wealth, real and/or personal property, estate and assets, earnings and income of the other
and that each has made a full and complete disclosure to the other of his and her entire
assets and liabilities and any further enumeration or statement thereof in this agreement
is hereby specifically waived, and the parties do not wish to make or append hereto any
further enumeration or statement. Each of the parties hereto further covenants and
further agrees for himself and herself and his or her heirs, executors, administrators and
assigns, that he or she will never at any time sue the other party or his or her heirs,
9
executors, administrators or assigns, in any action or contention, direct or indirect, that
there was any absence or lack of full disclosure or that there was any absence or lack of
full, proper or independent representation.
19. GENERAL PROVISIONS
A. WARRANTY AS TO EXISTING OBLIGATIONS - Each party represents
that they have not heretofore incurred or contracted for any debt or liability or obligation
for which the estate of the other party may be responsible or liable except as may be
provided for in this Agreement. Each party agrees to indemnify or hold the other party
harmless from and against any and all such debts, liabilities, or obligations of every kind
which may have heretofore been incurred by them, including those for necessities, except
for the obligations arising out of this Agreement.
B. WARRANTY AS TO FUTURE OBLIGATIONS - Wife and Husband each
covenant, warrant, represent, and agree that each will now and at all times hereafter
save harmless and keep the other after the execution date of this Agreement, except as
may be otherwise specifically provided for by the terms of this Agreement and that neither
of them shall hereafter incur any liability whatsoever for which the estate of the other may
be liable.
C. SEVERABILITY - 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 shall be stricken from this Agreement and
in all other respects this Agreement shall be valid and continue in full force, effect, and
operation. Likewise, the failure of any party to meet his or her obligations under any one
or more of the paragraphs herein, with the exception of the satisfaction of the conditions
10
precedent, shall in no way void or alter the remaining obligations of the parties.
D. OTHER DOCUMENTATION - Wife and Husband covenant and agree that
they will forthwith execute any and all written assignments, releases, satisfactions, deeds,
notes or such other writings as may be necessary or desirable for the proper effectuation
of this agreement, and as their respective counsel shall mutually agree should be so
executed in order to carry out fully and effectively the terms of this Agreement.
E. ENTIRE AGREEMENT-This Agreement contains the entire understanding
of the parities, and there are no representations, warranties, covenants, or undertakings
other than those expressly set forth herein.
F. WAIVER OR MODIFICATION TO BE IN WRITING - No modification or
waiver of any of the terms hereof shall be valid unless in writing and signed by both parties
and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any
subsequent default of the same or similar nature.
G. MUTUAL COOPERATION - Each party shall, at any time and from to time
to time hereafter, take any and all steps and execute, acknowledge and deliver to the
other party any and all further instruments and/or documents that the other party may
reasonably require for the purpose of giving full force and effect to the provisions of this
Agreement.
H. LAW GOVERNING - This Agreement shall be construed and governed in
accordance with the laws of the Commonwealth of Pennsylvania.
I. BINDING EFFECT - Except as otherwise stated herein, this Agreement
.shall be binding and shall inure to the benefit of the parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
11
J. NO WAIVER OF DEFAULT - This Agreement shall remain in full force and
effect unless and until terminated under and pursuant to the terms of this Agreement.
The failure of either party to insist upon strict performance of any of the provisions of this
Agreement shall in no way affect the right of such party hereafter to enforce the same,
nor shall the waiver of any breach of any provision hereof be construed as a waiver of
any subsequent default of the same or similar nature, nor shall it be construed as a waiver
of strict performance of any other obligations herein.
K. HEADINGS NOT PART OF AGREEMENT - Any heading preceding
the text of the several paragraphs and subparagraphs hereof are inserted solely for
convenience or referenced and shall not constitute a part of this Agreement nor shall they
affect its meaning, construction, or effect.
L. WAIVER OF CLAIMS AGAINST ESTATES - Except as herein otherwise
provide, each party may dispose of his or her property in any way, and each party hereby
waives and relinquishes any and all rights he or she may have or hereafter acquire, under
the present or future laws of Pennsylvania or another jurisdiction, to share in the property
or the estate of the other as a result of the marital relationship, including, without limitation,
dower, courtesy, their statutory equivalents, widow's allowance, homestead rights, right
to take in intestacy, right to take against the will of other, and right to act as administrator
or executor of the other's estate, and each party 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.
M. ATTORNEY'S FEES FOR ENFORCEMENT - In the event that either party
12
breaches any provision of this Agreement, and the other party retains counsel to assist in
enforcing the terms thereof, the parties hereby agree that the breaching party will pay for
all reasonable attorney's fees, court costs, and expenses incurred by the other party in
enforcing the Agreement.
IN WITNESS WHEREOF, and intending to be bound hereby, the parties have
signed and sealed this Agreement on the day of
In the presence of:
April herwood, Plaintiff
David Sherwood, Defendant
13
APRIL SHERWOOD, : IN THE COURT OF COMMON PLEAS ri4
Plaintiff : CUMBERLAND COUNTY, PENNS gVA4111A=z
®rn r*'t
v. : NO. 10-02413 tee _r_N
• CD - :rt
< '"C,'"C,DAVID SHERWOOD, : CIVIL ACTION—LAW
Defendant : IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(D)
1. A Complaint in Divorce under Section 3301(d) of the Divorce Code was filed on
April 12, 2010.
2. The parties to this action separated on March 20, 2006 and have continued to live
separate and apart for a period of at least two years.
3. The marriage of the Plaintiff and Defendant is irretrievably broken.
4. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
5. I. 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.
Date: .2-(p 4 t,
April erwood, 'laintiff
APRIL SHERWOOD, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 10-02413
DAVID SHERWOOD, : CIVIL ACTION—LAW
Defendant : IN DIVORCE
PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER SECTION 3301(D) 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,
lawyers' 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 Waiver 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: 02 _.. � /L_/�._ .I%/.'l
y/�
April r/erwood P aintiff
Ap S ,
c;4
nr r
f.
crl
CD
APRIL SHERWOOD, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBLERAND COUNTY, PENNSYLVANIA
v. c) ,, ., c..,
: NO. 10- 02413'
-�
.c-
DAVID SHERWOOD, : IN DIVORCE cnr , .mom;
Defendant : CIVIL ACTION r- z-
DEFENDANT'S AFFIDAVIT OF CONSENT
UNDER SECTION §3301(c) & (d) OF THE DIVORCE CODE
1. A Complaint in Divorce under Section §3301(c) and (d) of the Divorce Code
was filed on April 12, 2010.
2. The marriage of the Plaintiff and the Defendant is irretrievably broken and
ninety (90) 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.
4. I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.
C.S. §4904 relating to unsworn falsification to authorities.
Dated: 15 AP d 2 0 1
David Sherwood, Defendant
APRIL SHERWOOD, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBLERAND COUNTY, PENNSYLVANIIA eD
V.
erg --1
NO. 10 -02413
73 20 —0 frk
DAVID SHERWOOD, • : IN DIVORCE
Defendant : CIVIL ACTION
2CS�;
.� � C
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF
A DIVORCE DECREE UNDER §3301(c) and (d) OF THE DIVORCE CODE
1. I consent to 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. §4904, relating to unsworn falsification to authorities.
Dated: )5r- 4 r l 20 I c�
David Sherwood, Defendant
r
Darrell C. Dethlefs
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, PA 17011
(717) 975-9446
DDethlefs @aol.com Attorney for Plaintiff
APRIL SHERWOOD, : IN THE COURT OF COMMON PLEAS OF
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO.: 10-02413
DAVID SHERWOOD, : CIVIL ACTION - LAW
Defendant, : 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 §3301 (D) of the
Divorce Code.
2. Date and manner of service of the complaint: USPS First Class Mail,
Acceptance of Service signed April 21, 2010 by John M. Kerr, Esquire. Certificate of
Service was filed April 26, 2010.
3. Date of execution of the affidavit of consent required by Section 3301 (D)
of the divorce code: by plaintiff February 6, 2014 filed on February 19, 2014, by
Defendant April 15, 2014, filed April 21, 2014
4. Related claims pending: None.
5. Plaintiffs Waiver of Notice in § 3301 (d) Divorce was filed on April 19,
2014.
6. Defendant's Waiver of Notice in § 3301 (d) Divorce was filed April 21, 2014.
Respectful 'ubmitted,_..,,
,-
Darrell D.P ethlefs, Esquire
Attorney ID No. 58805
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, PA 17011
(717) 975-9446
DDethlefs @aol.com
Attorney for Plaintiff
: IN THE COURT OF COMMON PLEAS OF
APRIL SHERWOOD : CUMBERLAND COUNTY, PENNSYLVANIA
•
V. ••
DAVID SHERWOOD : NO. 10-02413
DIVORCE DECREE
AND NOW, /194y / , Z0/*-1 , it is ordered and decreed that
APRIL SHERWOOD , plaintiff, and
DAVID SHERWOOD , defendant, are divorced from the
bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
None.
By the Court,
v := Atte.t: J.
` _ Prothonota
I PT
Cart aop9 mailed -b a-H-4 files
I�alite4+copy maOec) Io &+4-9 Kerr
hbilec1
5)1) '4