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HomeMy WebLinkAbout04-3908 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO. CLI - 39cP tZ'O~L.Y~ CNIL ACTION - LAW COMPLAINT IN DIVORCE PATRICIA ANN SWEENEY, Plaintiff v. DAVID A. MCSHERRY, NOTICE TO DEFEND AND CLAIM RIGHTS TO: DAVIDA.McSHERRY 96 W. Lauer Lane Camp Hill, PA 1701I-13l8 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. When the ground for 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 Courthouse, One Courthouse Square, 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 32 S. Bedford Street Carlisle, P A 17013 PHONE: 1(800) 990-9108 309334-] .- PATRICIA ANN SWEENEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. DOCKET NO. Ot{ -3QOf C;o~L~~ Defendant CNIL ACTION - LAW COMPLAINT IN DNORCE DAVID A. MCSHERRY, DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is PATRICIA ANN SWEENEY currently residing at 96 W. Lauer Lane, Camp Hill, Pennsylvania, 17011-1318. 2. Defendant is DAVID A. McSHERRY currently residing at 96 W. Lauer Lane, Camp Hill, Pennsylvania, 17011-1318. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing ofthis Complaint. 4. Plaintiff and Defendant were married on October 4, 1997 in Westmoreland County, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provision of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions of divorce or for annulment instituted by either of the parties in this or any other jurisdiction. 7. 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. 8. Plaintiff avers that there were no children born of this marriage. 309334,1 - .. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 9. The averments of Paragraphs 1 through 8 hereof are incorporated herein by reference. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing and service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. WHEREFORE, ifboth parties file Affidavits consenting to a divorce after ninety (90) days have elapsed from the filing and service of this Complaint, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to ~ 330l(c) of the Divorce Code. COUNT II EOUlT ABLE DISTRIBUTION 13. The averments in Paragraphs 1 through 12 are incorporated herein by reference. 14. During the marriage, the parties acquired marital property, assets and debts which Plaintiff requests the Court to equitably distribute and assign. 309334-1 WHEREFORE, Plaintiff PATRICIA ANN SWEENEY requests that this honorable Court enter a Decree in Divorce and enter an order equitably distributing marital property and any such other Orders as may be appropriate and just. METZGER, WICKERSHAM, KNAUSS & ERE, P.C. By C~Z Andrew C. Spears, Esquire Attorney LD, No. 87737 P.O. Box 5300 Harrisburg, PAl 7 11 0-0300 (717) 238-8187 Attorneys for Plaintiff Dated: 'ls- ...l-CJ~ 309334,) VERIFICATION I, PATRICIA ANN SWEENEY, hereby certify that the facts set forth in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. S4904 relating to unsworn falsification to authorities. Date: 1~1 zr 309334,1 r ~ 1\~~~ ~ . , ~ ~ 0 g ~ ~ tP u ~ ~ p: J~ r-'- ~ (-, t"..,' ...~ \...:.' () .r"~ c.~ PATRICIA ANN SWEENEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. DOCKET NO. 04-3908 CIVIL TERM Defendant CIVIL ACTION - LAW COMPLAINT IN DIVORCE DAVID A. MCSHERRY, AFFIDAVIT OF SERVICE, I, Andrew C. Spears, Esquire, counsel for Plaintiff, Patricia Ann Sweeney, in the above-captioned action, hereby certify that a true and correct copy of the Complaint in Divorce was served upon Defendant, David A. McSherry, via regular mail and certified, return receipt, restricted mail on August 16,2004. Attached hereto, marked as Exhibit "A", and incorporated herein by reference is the return receipt card for said service. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By \r. ~ ~ --- AnarewC. spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: \1.. ~ 316960-1 Exhibit A . 'f.;: > ,.......UIoilo i ~,.......... ~ .~~-~-~~-~~---~-----,_..-. () C -r ~ .,' r~.) ~.., t},~lj .'" !"-'- r' I ., (:; c- o..;;; ~ "'-' (" .~; " ,~ C:> c) . PATRICIA ANN SWEENEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. DOCKET NO. 04-3908 CIVIL TERM Defendant CIVIL ACTION - LAW COMPLAINT IN DIVORCE DAVID A. MCSHERRY, MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of Prq~'1It/", 2004, by and between Patricia A. Sweeney (hereinafter "Wife") of Camp Hill, Cumberland County, Pennsylvania, and David A. McSherry (hereinafter "Husband") of Camp Hill, Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, the parties are Husband and Wife, married on October 4, 1997, III Westmoreland County, Pennsylvania; and WHEREAS, no children under the age of 18 were born ofthe marriage; and WHEREAS, unhappy differences and difficulties have arisen between the parties, III consequence of which the parties intend to live separate and apart for the rest of their natural lives; and WHEREAS, the parties are Plaintiff and Defendant, respectively, in a divorce action filed in the Court of Common Pleas of Cumberland County, Pennsylvania. to Docket No. fJ~/- 39tJf ; and , WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including, but not limited to, the ownership and equitable distribution of real and personal property; past, present and future support, alimony and/or maintenance; and any and all claims which either party has, or may have, against the other or the other's estate; and NOW, THEREFORE, in consideration of the mutual promises, covenants, and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which the parties acknowledge, Husband and Wife, each intending to be legally bound, hereby covenant and agree as follows: 1. SEP ARA nON Each party shall have the right to live separate and apart from the other party, free from the other party's interference, authority, and controL Neither party shall interfere with the other or attempt to interfere with the other, nor compel the parties' cohabitation. 2. HUSBAND'S AND WIFE'S DEBTS Except as otherwise set forth in this Agreement, the parties represent and warrant to each other that they have not incurred and will not contract or incur any debt or liability for which the other or the other's estate might be responsible. Each party shall indemnify and save hannless the other party from any and all claims or demands made against the other by reason of debts or obligations incurred by that party. 309468.1 3. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as provided in this Agreement, both parties absolutely and unconditionally release and forever discharge each other and their heirs, executors, administrators, assigns, property, and estate from any and all rights, claims, demands, or obligations arising out of or by virtue of the marital relationship, whether such claims exist now or arise in the future. This release shall be effective regardless of whether such claims arise out of former or future acts, contracts, engagements, or liabilities of the parties or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth, or territory of the United States, or other country. If one party receives money or other property from the estate of the other or as a result of any beneficiary designation made by the other, the receiving party shall immediately return same to the estate of the deceased party unless the will, codicil or other beneficiary designation through which the money or property was received is dated after the date of the agreement. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement, each party gives to the other an absolute and unconditional release and discharge from all causes of action, claims, rights, or demands whatsoever, in law or in equity, which either party ever had or now has against the other, including, but not limited to, alimony, alimony pendente lite, spousal support, equitable distribution of marital property, counsel fees or expenses. 309468.1 4. REAL ESTATE There is a marital residence owned by the parties as joint tenants with the right of survivorship situated at 96 West Lauer Lane, Camp Hill, Cumberland County, Pennsylvania, 17011-1318 ("marital residence"). In consideration of the mutual promises of the parties, it is agreed as follows: (a) Contemporaneously with the signing of this Agreement, Husband agrees to transfer all of his right, title and interest in the marital residence to Wife; (b) Wife will assume sole responsibility for the payment of the first mortgage on the marital residence and cooperate with Husband to insure that Husband is released from the mortgage and within one hundred twenty (120) days shall refinance the mortgage to insure that Husband is released from the mortgage; (c) Wife shall assume sole responsibility for the payment of all mortgages, taxes, insurances, upkeep and related expenses for the property from and after the date of transfer and shall indemnify Husband for her failure to do so; (d) In exchange for the covenants and agreements made by Husband in this Agreement, Wife shall pay him the sum of $35,000.00 at the time she refinances the marital mortgage; and (e) Husband shall execute a Deed conveying to Wife all of his right, title and interest in the marital residence free and clear of all encumbrances. 309468.1 5. DIVISION OF PERSONAL PROPERTY The parties have divided all items of personal property, except as otherwise specified herein, to their mutual satisfaction. All personal property currently in Husband's possession shall be the sole and separate property of Husband. All personal property currently in Wife's possession shall be the sole and separate property of Wife, 6. MOTOR VEHICLES Husband shall retain sole and exclusive ownership of the 2004 Honda and 1997 Jeep in his possession and name. Wife shall retain sole and exclusive ownership of the 1997 Ford Thunderbird in her possession and name. The parties have transferred vehicle titles to each other as needed. Husband agrees to pay the outstanding loans on the 2004 Honda and 1997 Jeep and agrees to indemnify and hold the Wife harmless from his failure to do so, 7. MARITAL DEBTS The parties acknowledge that they have no outstanding marital debts which were incurred prior to the signing of this Agreement. Any debts or obligations incurred by either party in his/her individual name, other than those specified herein, whether incurred before or after separation, are the sole responsibility of the party in whose name the debt or obligation was incurred. 309468-1 8. RETIREMENT BENEFITS Each of the parties does specifically waive, release, renounce, and forever abandon all of their right, title, interest, or claim, whatever it may be, in any pension/retirement/profit sharing plan of the other party, whether acquired through said party's employment or otherwise, and hereafter the pension/retirement/profit sharing plan shall be identified above as being either husband's or wife's and shall become the sole and separate property of the party in whose name or whose employment said plan is carried. 9. DNISION OF BANK ACCOUNTS Husband and Wife acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. At and after separation, the parties also had separate accounts. Each party shall retain his or her own separate account. 10. INVESTMENTS During the marriage Wife acquired shares in Walt Disney stock. Wife shall retain these shares of stock. Further, prior to the marriage, Wife had various stocks which were purchased. Husband hereby agrees to waive any interest in these stocks or in the increase of value of these stocks which were purchased prior to the marriage. II. AFTER-ACOUIRED PROPERTY Each of the parties shall own and enjoy, independently of any claims or rights of the other, all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property, 309468-1 12. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE. AND ALIMONY: Husband and Wife waive and relinquish all rights, if any, to spousal support, alimony pendente lite, and alimony. Any transfer of monies between the parties pursuant to any term of this Agreement shall not constitute alimony, but is made as part of the parties' equitable distribution. 13. TAX MATTERS The parties have negotiated this Agreement with the understanding and intention to divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this agreement were effected without the introduction of outside funds. The parties have filed various joint returns during the course of their marriage. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the parties shall share equally all such tax, penalty. interest and expense. However, if the amount due is the result of fraud or intentional misrepresentation on the part of a party, that party shall bear all such expense, including counsel fees, accounting fees and costs of the other spouse. 14. COUNSEL FEES AND EXPENSES Except as otherwise specified herein, each party shall be responsible for payment of hislher own counsel fees and expenses. 309468-1 15. ADVICE OF COUNSEL The parties acknowledge that each has received or has had the opportunity to receive independent legal advice from counsel of their selection and that they have been informed fully as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he/she understands fully the terms, conditions, and provisions of this Agreement and believes them to be fair, just, adequate, and reasonable under the existing circumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any duress, undue influence, collusion, or improper or illegal agreement. Each party has received all of the information and documentation requested concerning matters of equitable distribution and the other claims disposed herein. 16. AFFIDAVITS OF CONSENT Each party agrees to execute an Affidavit of Consent for the obtaining of a no-fault divorce under the provisions of the Divorce Code of 1980, as amended. However, upon refusal to consent, all distributed property shall be retumed to the other party originally in possession, until the time of the [mal decree. 17. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended, 309468-1 As provided in Section 3105(c), provIsIOns of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. 18. DATE OF EXECUTION The "date of execution", "date of this agreement", or "execution date" of this Agreement is the date upon which it is signed by the parties if they sign the Agreement on the same date. Otherwise, the "date of execution", "date of this agreement", or "execution date" shall be the date on which the last party signed this Agreement. 19. HEADINGS NOT PART OF AGREEMENT The descriptive headings preceding the paragraphs are for convenience and shall not affect the meaning, construction, or effect of this Agreement. 20. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS Each separate obligation shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect, and operation. 21. AGREEMENT BINDING ON HEIRS This Agreement shall be binding on and shall enure to the benefit of the parties and their respective heirs, executors, administrators, successors, and assigns. 309468-1 22, INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations, warranties, covenants, or promises other than those expressly set forth in this Agreement. 23. MODIFICATION OR WANER TO BE IN WRITING No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both parties. 24. NO WANER OF DEFAULT The failure of either party to insist upon strict performance of any tenn of this Agreement shall in no way affect the right of such party hereafter to enforce the term. 25. VOLUNTARY EXECUTION The parties acknowledge that this Agreement is fair and equitable, and that they have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion, or improper or illegal agreements. 26. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980, as amended. 27 . ATTORNEYS' FEES FOR ENFORCEMENT If either party breaches any provision of this Agreement, the breaching party shall pay all reasonable legal fees and costs incurred by the other in enforcing this Agreement, providing that the enforcing party is successful in establishing that a breach has occurred. 309468-1 . IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESS: lsLf. ~ - I G.-tp.../" - 309468.1 COMMONWEALTH OF PENNSYLVANIA ss COUNTYOF DfiuPf{r,J On this, the22~ay of V.c;c<..E<\i>,r;:L.-, 2004, before me, the undersigned officer, personally appeared Patricia A. Sweeney, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. ivOTARIAL SEAL '~AH:)L {, LYTER. Notary Public i C!~Y. or Harrisburg, Dauphin County LMy,:,~~,...mlsslon Expjres Dee, 28. 2004 .. ..~,--- ......,...+ .. ..~....- ,. (2~~ (J ,~ My Commission Exp' s: ******************************************************************************* COMMONWEALTH OF PENNSYLVANIA COUNTY OF 7)/lu,oHr,,) ss On this, the 2':/'" day of T2C'o.Fm~ , 2004, before me, the undersigned officer, personally appeared David A. McSherry, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. I NOTARIAL SEAL ! CAROL A LYTER. Notary Public [' City 01 Harrisburg, Dauphin County My Conlmlssion Expires Dee, 28 2004 --.....-. ~....-. ""~"-"'.,.~", '. ' (2~J" 0 ,~R _ My Commission Expir : ~, C:;.:' 1:'.. __ ~ c ~' 'c-~ f" \..C ~, -< O'~ I; '''\-, ,-I -::J:-q \~'\h^1 >.1 " , .,"'1"'\ "-( ~~, PATRICIA ANN SWEENEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. DOCKET NO. 04-3908 CIVIL TERM DAVID A. MCSHERRY, Defendant CIVIL ACTION - LAW COMPLAINT IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 9, 2004, and served upon Defendant on August 16,2004. An Affidavit of Service was filed on December 10, 2004. 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 ofthe 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. {i 4904 relating to unsworn falsification to authorities. DM iz;1 jy "7 // c / 1 atric a AnIySweeney // / Y c-l-- 316958,} ~.Q(~ C:..> -::-;Y\- (-:r~ .c C) C:. \--~ C' "'" ..:- CI ~ r-J u:J ;~<,- > l~ ~:'~':, :':~:.I -< -[) ::1: C -'n --:1 :.L-rj rfir;.' :.'?1 :2:~ )c'";, ::< :,,~ .;o~(.;~' '(~~"I<;l o C0 PATRICIA ANN SWEENEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. DOCKET NO. 04-3908 CIVIL TERM Defendant CIVIL ACTION - LAW COMPLAINT IN DIVORCE DAVID A. MCSHERRY, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER 11330l(c) OF THE DIVORCE CODE I. 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 ofthe 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. 9 4904 relating to unsworn falsification to authorities. Dated: / . , / / ' /Z/uhy / / I 1/ ( ,~/ (, I i ~r-1l~! / 'Vt.-f'I"'i~~(---. Patricia Anp, Sweeney / / ' " / / 'u/ v/ 316959,1 f"',,:) c-~ ~~ f1\ '" ,,> "".0 C.' L. :2 \"j, ~r, ,-\ <<....~,\. ..~'1\-:}- .. ,-~ \::' -0 ~>O"'_ -- ~~\~~.\ .:'-;-:'" "'-:..;'~\ -- , ,~ ~..':' C' -- - PATRICIA ANN SWEENEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. DOCKET NO. 04-3908 CIVIL TERM DAVID A. MCSHERRY, Defendant CIVIL ACTION - LAW COMPLAINT IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 9,2004, and served upon Defendant on August 16,2004. An Affidavit of Service was filed on December 10, 2004. 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 ofthe 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. ~ 4904 relating to unsworn falsification to authorities. / Dated: '<jd ~/ d C'C' </ I / , ,)_ .---, ~)..>;7 /'2,' .// -'" . ,// ./ .,', /'" ~'~ -/ .4" -/(. -j . <._ /' . '-'2r-/ - / /h .--:2., David A. McSherry t- ./) 3/6958,/ o c c:" (_;;I <? ;,;.- ~ 'e-:> r--' -.P () r,-' ,-' -r. -' f~:\-\ ~e'''';.J ~~; '0..,-- :.).,(> i?~j~'2, - ""-',, .-;;;.;:u '~l; \.~ ' ~; ;~f ~ ',::- ~~\~j ....'.:, '" -::0: o d' --- - PATRICIA ANN SWEENEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. DOCKET NO. 04-3908 CIVIL TERM DAVID A. MCSHERRY, Defendant CIVIL ACTION - LAW COMPLAINT IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER & 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 in 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. S 4904 relating to unsworn falsification to authorities. Dated: /dP:;;"/;tI'(}Y , , .c.c2 c::::=:-- 316959-1 ------' ~-' c.? ~~~ c:? r:1 (""J N \L> .." ->- r:.) 0' .~- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~+++~++~+~+~~:+:+:+:+~+~:+:~:+:~~++~+~~+~~+~~ + + ~ IN THE COURT OF COMMON PLEAS ~ + + : OFCUMBERLAND COUNTY : ! STATE OF. PENNA. ! + PATRICIA ANN SWEENEY, + + + + + + NO, 04-3908 CIVIL + ; Plaintiff : + + + + :+: VERSUS ~ + + + + : DAVID A. MCSHERRY, : + + + + + Defendant :+: + + + + + + + + : DECREE IN : + + + + : DIVORCE : + + + + + + + + + + : AND NOW, 1a.-"'-7 II' 2001......, IT IS ORDEI~ED AND : + + + + : DECREED THAT PATRICIA ANN SWEENEY , PLAINTIFF, : + + + + + + : AND DAVID A. MCSHERRY " DEFENDANT, : + + + + + + + ARE DIVORCED FROM THE BONDS OF MATRIMONY, + + + + + + + : THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE : + + + BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT + + + : YET BEEN ENTERED; ; + + + + + + + The Marital Settlement Agreement between the parties filed on ________ + + + + + + + ; December 29, 2004, is incorporated but not merged herein. __~_; + + + + + + + BYTHECOURT; + + + + + + + + + + + + + :+: J. + + + + + + + + + + + + + + + + "':+ i+ Of. ~ ~ + + + + ~+++i+~i+~+~+~+~~++~:+:+++~+++++++++~+++++~+~++~+~++~++++++++++~ PROTHONOTARY .~; :2 t"ty~I" ?7k',;.'t/, VlP~0 Ii?;;; ~ /.P13'"?I'1'1' ~4;,} /"f) .' . ;:)). ..~ -< '('I / (/; PATRICIA ANN SWEENEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. DOCKET NO. 04-3908 CNIL TERM Defendant CNIL ACTION - LAW COMPLAINT IN DNORCE DAVID A. MCSHERRY, PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a Divorce Decree: I. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: A Complaint in Divorce was filed on August 9, 2004, and served on Defendant on August 16, 2004, by certified mail, return receipt requested. 3. Complete either paragraph (a) or (b): (a) Date of execution of Plaintiffs and Defendant's Affidavits of Consent required by Section 3301 (c) of the Divorce Code: Plaintiff: Defendant: Executed December 22,2004; filed December 29,2004 Executed December 22, 2004; filed December 29, 2004 (b)(l) Date of execution ofPlainti[[,s Affidavit required by Section 3301 (d) of the Divorce Code: NA (2) Date of filing and service of the Plaintiffs Affidavit upon the respondent: Filing: NA Service: NA 31835/,/ - Dated: 318351,1 4. Complete the appropriate paragraphs: (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: All (d) State whether any written agreement is to be incorporated into the Divorce Decree: Marital Settlement Agreement. 5. (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached, if the Decree is to be entered under Section 3301(d)(1)(i) of the Divorce Code: Service: NA (b) Date Plaintiffs Waiver of Notice in 93301(c) Divorce was filed with the Prothonotary: December 29, 2004 Date Defendant's Waiver of Notice in 93301(c) Divorce was filed with the Prothonotary: December 29, 2004 METZGER, WICKERSHAM, KNAUSS & ERE, P.C. By (..Q..Q_ ~ Andrew C. Spears, Esquire Attorney LD, No. 87737 P,O. Box 5300 Harrisburg, P A 1711 0-0300 (717) 238-8187 Attorneys for Plaintiff \-2,-0 S-- ." PATRICIA ANN SWEENEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. DOCKET NO. 04-3908 CNIL TERM DAVID A. MCSHERRY, Defendant CNIL ACTION - LAW COMPLAINT IN DNORCE CERTIFICATE OF SERVICE AND NOW, this ~ day of January, 2005, I, Andrew C. Spears, Esquire, of Metzger, Wickersham, Knauss & Erb, P.c., attorneys for Plaintiff, Patricia Ann Sweeney, hereby certify that I served a copy of the Praecipe to Transmit Record this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: David A. McSherry 96 West Lauer Lane Camp Hill, PA 17011 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ~~~ Andrew C. Spears 3/835/,/ . C~\ ~<-".., . <,..j' C__', r:-. "J' ,-'