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APRIL SHERWOOD,
Plaintiff
V.
DAVID SHERWOOD,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2006 - 113 59 CIVIL TERM
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 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, Cumberland County Court House, 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Lawyers Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
LAW OFFICES OF PETER J. RUSSO, P.C. Attorney for Plaintiff
SCOTT A. STEIN, ESQUIRE
PA Supreme Court ID: 81738
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
APRIL SHERWOOD, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
DAVID SHERWOOD,
Defendant
CIVIL ACTION - LAW
NO. 2006 -q3Y2 CIVIL TERM
IN DIVORCE
AND NOW, COMES, Plaintiff, April Sherwood, by and through Law Offices
of Peter J. Russo, P.C., and seeks to obtain a Decree in Divorce from the above-named
Defendant, upon the grounds hereinafter more fully set forth:
1. Plaintiff is April Sherwood, who currently resides at 3013 Lisburn Road,
Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendant is David Sherwood, who currently resides at 314 April Drive #3,
Camp Hill, 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 September 3, 1988 at Browns
Mills, New Jersey.
5. There have been no prior actions of divorce or for annulment between the
parties.
6. The marriage is irretrievably broken.
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 requests the court to enter a decree of divorce.
WHEREFORE, Plaintiff, April Sherwood, prays that a decree be entered in favor of
the Plaintiff and against Defendant dissolving the marriage between the two parties.
Respectfully submitted,
Law Offices of Peter J. Russo, P.C.
By:
cott A. Stein, E quire
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
Date: 7/31/00
APRIL SHERWOOD,
PLAINTIFF
V.
DAVID SHERWOOD,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2006-
: IN DIVORCE
CIVIL TERM
VERIFICATION
I, April Sherwood, verify that the statements made in the foregoing document are
true and correct. I understand that false statements made herein are subject to the
penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities.
Date: - 31- ? oAZ 5 a
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APRIL SHERWOOD,
PLAINTIFF
V.
DAVID SHERWOOD,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2006- y3 S 9 CIVIL TERM
: IN DIVORCE
PETITION FOR INTERIM EXCLUSIVE POSSESSION OF
MARITAL RESIDENCE PURSUANT TO Section 3502(c) OF THE
DIVORCE CODE
AND NOW, comes Petitioner, April Sherwood , by and through her attorney,
Scott A. Stein , Esquire, who files the within Petition for Interim Exclusive Possession of
Marital Residence, and in support thereof, avers as follows:
1. Petitioner is April Sherwood, Plaintiff in the above-captioned divorce
action. Petitioner and the parties' children reside at 3013 Lisburn Road,
Mechanicsburg, Pennsylvania 17055, the "marital home".
2. Respondent is David Sherwood, Defendant in the above-captioned
divorce action. Defendant currently resides at 314 April Drive, #3, Camp Hill,
Pennsylvania, 17011, on a temporary basis.
3. The parties hereto were married on September 3, 1988, in Browns Mills,
New Jersey. The parties are the parents of the following unemancipated children who
reside with Petitioner, April Sherwood: (1) Nathanial Sherwood, born December 15,
1989; (2) Matthew Sherwood, born February 15, 1999; and (3) Christian Sherwood,
born October 18, 2003.
4. On July 31, 2006 , April Sherwood filed a Complaint in Divorce against
David Sherwood in Cumberland County, Pennsylvania.
5. The marital home, where the parties' children have resided exclusively
since 1992, is owned by the parties as tenants by the entireties.
6. Section 3502(c) of the Divorce Code states that "the court may award,
during the pendency of the action or otherwise, to one or both of the parties the right to
reside in the marital residence."
7. Section 3323(f) of the Divorce Code states that "[i]n all matrimonial
causes, the court shall have full equity power and jurisdiction and may issue injunctions
or other orders which are necessary to protect the interests of the parties or to
effectuate the purposes of this part and may grant such other relief or remedy as equity
and justice require against either party or against any third person over whom the court
has jurisdiction and who is involved in or concerned with the disposition of the cause."
8. Unless Plaintiff and the parties' children are permitted interim exclusive
possession of the marital home, the mental and emotional health and welfare of Plaintiff
and the children will be compromised.
9. Plaintiff has been the primary caretaker and nurturer of the parties'
children from the time of their births to the present.
10. An award of interim exclusive possession of the marital home will avoid
uprooting the parties' children from not only the marital home, but also the social and
community setting in which they were thriving.
11. Defendant left the marital home of his own will on March 20, 2006.
12. Before Defendant left the marital home, Defendant engaged in a course of
wrongful conduct which resulted in making the conditions under which Plaintiff and the
parties' children were living both intolerable and unconscionable. Illustrations of such
conduct are the following:
(a) Before Defendant left the marital home, Defendant neglected his
household and parental duties and obligations and ignored Plaintiff and
the children entirely.
(b) Defendant's aforesaid conduct has had an adverse medical and
emotional effect on Plaintiff and the children.
(c) During the parties' marriage, Defendant has engaged in open and
flagrant marital misconduct, thereby subjecting Plaintiff and the children to an
atmosphere of tension, stress and conflict.
WHEREFORE, Petitioner respectfully requests this Honorable Court grant her
and the parties' children interim exclusive possession of the marital home until the
conclusion of the divorce proceedings.
Respectfully submitted,
The Law Offices of Peter J. Russo, P.C.
X&?A -
Scott A. Stem, quire
ID # 81738
3800 Market Street
Camp Hill, PA 17011
Attorney for Plaintiff
Date: 7/306
APRIL SHERWOOD,
PLAINTIFF
V.
DAVID SHERWOOD,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2006-
: IN DIVORCE
CIVIL TERM
VERIFICATION
I, April Sherwood, verify that the statements made in the foregoing document 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.
Date: 7-31-t?_ .10 'y" 4A4
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APRIL SHERWOOD, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION - LAW
: NO. 06-4359 CIVIL
DAVID SHERWOOD,
Defendant IN DIVORCE
IN RE: PETITION FOR INTERIM EXCLUSIVE POSSESSION
OF THE MARITAL RESIDENCE
ORDER
AND NOW, this day of August, 2006, hearing on the plaintiffs petition for
interim exclusive possession of the marital residence is set for Thursday, August 24, 2006, at
2:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA.
Scott Stein, Esquire
For the Plaintiff
David Sherwood, Pro Se
Defendant
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BY THE COURT,
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LAW OFFICES OF PETER J. RUSSO, P.C. Counsel for Plaintiff
BY: SCOTT A. STEIN, ESQUIRE
PA Supreme Court ID: 81738
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
APRIL SHERWOOD, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : OF CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 2006- 4359 CIVIL TERM
DAVID SHERWOOD, : IN DIVORCE
DEFENDANT
PRAECIPE TO WITHDRAW PLAINTIFF'S PETITION
FOR INTERIM EXCLUSIVE POSSESSION OF THE MARITAL HOME
To the Prothonotary:
Kindly withdraw Plaintiffs Petition for Interim Possession of the Marital Home
filed in the above referenced matter on July 31, 2006, and cancel the hearing scheduled
before the Honorable Judge Kevin A. Hess for Thursday, August 24, 2006 at 2:00 P.M.
in Courtroom number 4.
Respectfully submitted,
Law Offices of Peter J. Russo, P.C.
By: ? e:?-
Scott A. Stein, Esquire
I.D. No. 81738
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
Date: 9- ;0 - 66
LAW OFFICES OF PETER J. RUSSO, P.C. Counsel for Plaintiff
BY: SCOTT A. STEIN, ESQUIRE
PA Supreme Court ID: 81738
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
APRIL SHERWOOD, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : OF CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 2006- 4359 CIVIL TERM
DAVID SHERWOOD, : IN DIVORCE
DEFENDANT
CERTIFICATE OF SERVICE
I, Scott A. Stein, Esquire, have served a true and correct copy of the preceding
documents on the date, manner and persons below written:
By First-Class Mail, Postage Prepaid, and Addressed as Follows:
David Sherwood
3013 Lisburn Road
Mechanicsburg, PA 17055
colt A. Stein, s 'ire
Date: 2 ? d 6
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LAW OFFICES OF PETER J. RUSSO, P.C.
BY: SCOTT A. STEIN, ESQUIRE
PA Supreme Court ID: 81738
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
APRIL SHERWOOD,
PLAINTIFF
v.
DAVID SHERWOOD,
DEFENDANT
ORDER
AND NOW, to wit, this
RECEIVED G'
AUG 2 8 2006
BY:
Counsel for Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006- 4359
IN DIVORCE
CIVIL TERM
:10 ' day of A? 2006, upon
consideration of the within Praecipe to Withdraw Plaintiffs Petition for Interim Exclusive
Possession of the Marital Home, Plaintiffs request is hereby GRANTED/D ED and
Plaintiffs Petition is hereby withdrawn without prejudice and the hearing scheduled for
Thursday, August 24, 2006, at 2:00 P.M. in Courtroom 4 is cancelled.
a.?
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FILED-OHACE
OF THE PP`IT'- ONOTPRY
2006 AUG 30 P1 2: 10
LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff
BY: Elizabeth J. Saylor, Esquire
PA Supreme Court ID: 200139
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
Email: Isaylor@pjrlaw.com
APRIL SHERWOOD, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
DAVID SHERWOOD, NO. 2006 - 4359 CIVIL TERM
Defendant IN DIVORCE
MARITAL SEPARATION AGREEMENT
MARITAL SEPARATION AGREEMENT
This Agreement is hereby made and entered into this IQ day of ftr k' --, 2008,
by and between APRIL SHERWOOD, hereinafter "Wife," and DAVID SHERWOOD, hereinafter
"Husband."
Witnesseth:
Whereas, the Parties hereto are husband and wife, having been married on September 3,
1988; and
Whereas, marital differences and difficulties have arisen between the Parties; and
Whereas, Parties separated physically on March 20, 2006, hereinafter "date of separation"
or "separation date"; and
Whereas, Parties desire to completely settle their property rights, separation of their marital
and non-marital, real and personal, belonging to either 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 Law Offices of Peter J. Russo, P.C. as her separate
counsel; and
Whereas, Husband has opted not to retain legal counsel of his own choosing; 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
AS DS 'bi-v %
Page 1 of 17
Now, Therefore, the parties, in consideration of the foregoing premises, and the mutual
promises and undertakings hereinafter set forth, agree as follows:
1. DISTRIBUTION AND RELEASE OF MARITAL DEBT
The parties agree:
(a) Wife assumes full responsibility for any indebtedness that she has contracted
or incurred in her name, alone or jointly, after the date of separation. Wife represents and warrants
to Husband that, since the date of separation, she has not contracted or incurred any debt or liability,
for which Husband or his Estate might be responsible, and shall indemnify and save Husband
harmless from any and all claims or demands made against his or his Estate by reason of debts or
obligations incurred by Wife and/or assumed herein.
(b) Husband assumes full responsibility for any indebtedness that he has
contracted or incurred in his name, alone or jointly, after the date of separation. Husband represents
and warrants to Wife that, since the date of separation, he has not contracted or incurred any debt or
liability, for which Wife or her Estate might be responsible, and shall indemnify and save Husband
harmless from any and all claims or demands made against her or her Estate by reason of debts or
obligations incurred by Husband and/or assumed herein.
2. MARITAL RESIDENCE AND ITS CONTENTS
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.
(a) Marital Residence.
The parties' marital residence located at 3013 Lisburn Road, Mechanicsburg,
Pennsylvania, shall become now and forever the sole property of Wife. At the date of separation
AS _A? DS laS
Page 2 of 17
the property carried a first mortgage of approximately $114,826.00 and a second mortgage of
approximately $22,262.00.
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. The Parties agree that Wife shall have the option
to pay both the first and second mortgages in full out of the funds received following the separation
date of the parties as a result of inheritances from her grandfather and/or mother.
In the event Wife decides to sell the marital residence, which shall be at a time and 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;
b) Wife shall be fully reimbursed for the inheritance funds that she used to payoff of the
second mortgage;
c) Any and all settlement charges shall be deducted from the proceeds of the sale; and
d) Any remaining proceeds shall be split equally between Husband and Wife.
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 associated with said property. Wife agrees to indemnify
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.
(b) Undeveloped Land.
AS _ DS ?w
Page 3 of 17
The parties own undeveloped land in Turtle Point, Pennsylvania, purchased by
Husband just prior to marriage and improved upon with tree plantings by Wife. Wife agrees that
said property totaling 15 acres shall become now and forever the sole property of Husband. Wife
agrees to now and forever relinquish all rights and interest whether in law or equity in the Turtle
Point property now and in the future and shall cooperate in completing any documents required by a
mortgage holder, Husband, or any other entity to accomplish the intent of this agreement. Husband
shall be responsible for paying all taxes, costs, fees associated with said property. Husband agrees
to indemnify Wife 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 Wife.
3. MISCELLANEOUS PROPERTY - PERSONAL and MARITAL
(a) Motor Vehicles.
(1) Wife has possession of a 2001 Ford Taurus. The parties agree that
Wife shall retain possession of and retain as her sole and separate property the Ford Taurus with all
responsibility for payment of any outstanding indebtedness thereon, free of any and all right, title,
claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless
form any and all liability, cost or expense, including actual attorney's fees, incurred in connection
with any vehicle belonging to Wife by virtue of this paragraph.
(2) Husband has possession of a 2002 Pontiac Van and a 1984 Jeep
Wrangler. The parties agree that Husband shall retain possession of and retain as his sole and
separate property the Pontiac Grand Am and the Jeep Wrangler with all responsibility for payment
of any outstanding indebtedness thereon, free of any and all right, title, claim or interest of Wife.
Husband shall indemnify and hold Wife and her property harmless form any and all liability, cost or
AS DS pI,JS
Page 4 of 17
expense, including actual attorney's fees, incurred in connection with any vehicle belonging to
Husband by virtue of this paragraph.
(b) Other Miscellaneous Property.
Wife shall have as her own, free and clear of any claims of Husband, all and any
personal effects, clothing, and personal jewelry as well as any and all other items, household goods,
furniture, furnishings, appurtenances, and appliances set forth and attached hereto and incorporated
herein as Exhibit A. Husband shall have as his own, free and clear of any claims of Wife, all and
any personal effects, clothing, and personal jewelry as well as any and all other items, household
goods, furniture, furnishings, appurtenances, and appliances set forth and attached hereto and
incorporated herein as Exhibit B.
4. RETIREMENT ACCOUNTS
The parties agree that both Wife and Husband shall retain as his or her own property any
Retirement Account owned by them prior to and during the marriage. Each agrees to give up any
rights either may have to any increase or additions to any account during the course of their
marriage up to the date of separation.
5. BANK ACCOUNTS
The parties further specifically agree that all bank, savings, cash and checking accounts
shall become the sole property of party named on the account.
6. TAX LIABILITY
The parties hereto believe and agree that the division of property heretofore made by this
Agreement is a non-taxable division of property between co-owners rather than a taxable sale or
exchange of property. Each party promises not to take any position with respect to the adjusted
AS _ DS
Page 5 of 17
basis of the property assigned to him or her with respect to any other issue that is inconsistent with
the position set forth in the preceding sentence on his or her Federal or State income tax return.
7. MUTUAL RELEASE
Subject to the provisions of this Agreement, each party waives his-or her right to any further
distribution of property inasmuch as the parties hereto agree that this Agreement provides for an
equitable distribution of their marital property in accordance with Pennsylvania's Divorce Code.
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 causes of action for divorce and except any or all causes of
action for any breach of any provision of this Agreement. Each party also waives his or her right to
request marital counseling pursuant to Pennsylvania's Divorce Code.
8. CHILD SUPPORT
Husband shall pay one-half of Christian's day care expenses as well as one-half of all of
Mathew's and Christian's miscellaneous school expenses which shall include but shall not be
limited to school supplies, trips, lunches, clothing, and any and all other reasonable expenses. Said
amounts shall be paid to Wife within 30 days of Wife presenting receipts and/or proof thereof to
Husband.
9. INCOME TAX RETURNS
Husband and Wife agree to file married but separate on their tax returns for each year
beginning in 2008, unless otherwise agreed in writing by the parties. Upon the Divorce being
finalized, wife shall have the right to claim all children.
AS _ DS
Page 6 of 17
10. CUSTODY
The parties are the parents of two minor children; Matthew Sherwood, born February 15,
1999; and Christian Sherwood, born October 18, 2003. The parties shall have shared legal custody
with Wife having primary physical custody and Husband having periods of custody as set forth
below unless mutually agreed otherwise by the parties hereto:
(a) Husband shall have every other weekend at times agreed by the parties
which shall include overnights provided that Husband can show evidence that the children will
have their own beds for the overnight period.
(b) Holidays shall be by agreement of the parties.
(c) Husband shall be entitled to Father's Day from 9 am to 8 pm and Wife shall
be entitled to Mother's Day.
11. INSURANCE
Husband agrees to continue to cover Wife and all three children on his current health
insurance plan. He further agrees that he will pay half of the out-of-pocket costs not covered by
insurance for any services or treatments received by the children, including, vision, dental,
orthodontic, ophthamolic, and counseling costs. Wife agrees to pay for her out-of-pocket medical
costs.
12. 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
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Page 7 of 17
commencing, instituting or prosecuting any action or actions for divorce, either absolute or
otherwise, 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. '
13. BREACH AND ENFORCEMENT
If either party hereto breaches any of the provisions of this Agreement, the other party shall
have the right to bring any actions or actions in law or equity for such breach, and the breaching
party shall be responsible for the payment of all costs and reasonable legal fees incurred by the
other party in enforcing his or her rights under this Agreement.
It is expressly understood and agreed by and between the parties hereto that this Agreement
may be specifically enforced by either party in Equity, and the parties hereto agree that if an action
to enforce this Agreement is brought in Equity by either party, the other party will make no
objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an
adequate remedy at law. The parties do not intend or purport hereby to improperly confer
jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum
of equity in mutual recognition of the present state of the law, and in recognition of the general
jurisdiction of Courts in Equity over agreements such as this one.
Furthermore, the parties agree that this Agreement shall be enforced by either party hereto
upon the separation following any reconciliation of the parties.
Except as the parties may agree otherwise in writing, the property assigned herein to either
party, whether real, personal or mixed and any increases in value thereof, earnings thereon, and
income; salaries and commissions generated therefrom, shall remain the sole property of the party
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Page 8 of 17
to which said property has been assigned herein (hereinafter "Separate Property"). Each party may
dispose of his or her Separate Property as he or she sees fit.
In the event either party liquidates, pledges, converts, mortgages, encumbers or otherwise
uses the value of or equity in any of his or her Separate Property, any property acquired with the use
of the value of or equity in the Separate Property shall hereinafter be referenced as "Newly
Acquired Property" and the owner of the Separate Property shall be deemed the sole legal and
equitable owner of the Newly Acquired Property regardless of any vesting on a deed or title, and the
other party shall waive any and all interest in said Newly Acquired Property.
The parties further agree that if the parties reconcile and thereafter purchase anything not
already fully assigned within any other paragraph of this Agreement and in which either party
believes that he or she may have an equitable and/or legal interest therein (hereinafter "Unassigned
Property"), the parties shall enter into a written agreement regarding the Unassigned Property and
how the property and/or any interest thereto shall be distributed upon separation of the parties.
If the parties fail to enter into a written agreement regarding the Unassigned Property,
notwithstanding the ability to seek equitable distribution of the property as provided by the laws of
the Commonwealth of Pennsylvania, the parties specifically agree to forego those rights and agree
that any Unassigned Property which has not been made the subject of a written agreement shall be
divided equally between Husband and Wife.
14. RE-ACKNOWLEDGMENT
Each party acknowledges that it may be appropriate and required that this Agreement be re-
acknowledged at some time in the future before the Clerk of the Commonwealth Court, Clerk of
Orphans Court or some other Court, and each party agrees that they will re-acknowledge their
AS 0 DS -YZO -
Page 9 of 17
signature before the Clerk of such Court upon request of the other party so that this Agreement may
comply with the acknowledgment rules and provisions of any such Court.
15. ADDITIONAL INSTRUMENTS
Each of the parties hereto agrees that he or she will join in the execution, .acknowledgment
and delivery of any deed or other document which may be reasonably necessary to carry out the
intent of this Agreement, and, in the event either of the parties hereto would not join in the
execution, acknowledgment and delivery of such instrument, then such party does hereby
irrevocably appoint the other party hereto as his or her Attorney-in-Fact to execute, acknowledge
and deliver such instrument hereby ratifying all that such other party hereto may do by virtue hereof
with a copy of this Agreement to be a sufficient Power of Attorney to carry out the intent and
purpose of this paragraph.
Nothing contained in this section shall affect the right of one party to expressly include or
exclude, as the case may be, the other party as beneficiary in any will, insurance policy or other
document whether the same is presently in effect or would become effective in the future.
16. VOLUNTARY EXECUTION
The provisions of this Agreement and their legal effect have been fully explained to the
parties by their respective legal representatives, and each party acknowledges that the Agreement is
fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both
parties, and that it is no the result of any duress or undue influence. The parties acknowledge that
they have been furnished with all information relating to the financial affairs of the other which has
been requested by each of them or their respective counsel.
17. ENTIRE AGREEMENT
AS _ DS_
Page 10 of 17
This Agreement contains the entire understanding of the parties and there are not
representations, warranties, covenants or undertakings other than those expressly set forth herein.
18. DISCLOSURE
Each of the parties hereto acknowledges that there has been full disclosure of all relevant
matters of each party to the other party, that each of the parties is fully cognizant of his and her legal
rights and liabilities with respect to the terms and conditions of this Agreement, that he and she
understand the legal effect of this provisions of this Agreement and acknowledge that this
Agreement is fair and equitable to each of the parties hereto, and that this Agreement was entered
into voluntarily and without any undue influence or duress upon either party hereto.
19. MODIFICATION AND WAIVER
This Agreement shall constitute an interim binding Agreement between the parties
concerning support, maintenance, alimony and property settlement, and is precluded from
modification EXCEPT by specific agreement of the parties to modify this Agreement.
Any and all modifications to this Agreement shall only be by written agreement containing
the same formalities as this Agreement and shall exhibit the notarized signatures of both parties,
along with two witnesses.
The parties specifically agree that they may rescind this Agreement only by written
agreement containing the same formalities as this Agreement which shall exhibit the notarized
signatures of both parties, along with two witnesses.
Any waiver of a breach of any provision of this Agreement shall not constitute an ongoing
waiver.
20. PRIOR AGREEMENTS
AS _ 4- DS _
Page 11 of 17
This Agreement constitutes the entire understanding and agreement between the parties
hereto, and there are no other representations, warranties, covenants, understandings or agreements
other than those expressly set forth herein.
21. DESCRIPTIVE HEADINGS
The descriptive headings used herein are for convenience only. They shall have no effect
whatsoever in determining the rights or obligations of the parties.
22. INDEPENDENT AND SEPARATE COVENANTS
It is specifically understood and agreed by and between the parties hereto, that each
paragraph shall be deemed a separate and independent covenant and agreement.
23. APPLICABLE LAW
This Agreement shall be interpreted in accordance with the laws of the Commonwealth of
Pennsylvania.
24. VOID CLAUSES
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
25. AGREEMENT BINDING ON HEIRS
This Agreement shall inure to the benefit of and shall be binding upon the parties hereto,
their heirs, executors, administrators, successors and assigns.
26. EFFECTIVE DATE
This Agreement shall be considered to be effective at 12:01 a.m. on the date set forth on
page one of this Agreement.
AS _Q _ DS ?')
Page 12 of 17
In Testimony Whereof, witness the signature of the parties hereto this 10 day of
A0y \ \ , 2008.
12"`V-(aQ4AA-
AP SHERWOOD
DAVID SHERWOOD
Date: 7'I /Q
-sk?.A 1?
Witness for APRIL SHERWOOD
Date: !A??Z)Jos
AS IQ
Date: 10 pr• Oi
Witness for DAVID SHERWOOD
Date: l 0
DS '-d U5
Page 13 of 17
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
:SS
On this, the ?D day of 0-0 f-IN 2008, before me, a Notary
Public, the undersigned officer, personally ap eared April Sherwood (mown to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and Notarial seal.
My Commission Expires tary blic
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
?pd? qpa,
Notary PublC
* Comma
OCL 12 2011
Member, Pennsylvania As
sociation of Note?bs
AS DS
Page 14 of 17
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
:SS
On this, the _11) day of GW (1 2008, before me, a Notary
Public, the undersigned officer, personally appeared David Sherwood known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he
executed the same for the purpose therein contained. `
IN WITNESS WHEREOF, I hereunto set my hand and Notarial seal.
My Commission Expires N a P A I i
COMMONWEALTH OF PENNSYLVANIA
Nalaft Sea
Ashley Sipe, Notary Kkk
Hampden T".' Cwtia and
E)OW Oct 1
Member, Pennsylvania Association of Notaries
AS -/?j DS 31.
Page 15 of 17
EXHIBIT A
Dining Room Set
Chandelier
Shrunk
Oil Paintings
Pictures
China
Crystal
Silver
Brass
Kids Bedroom Set
Flat Screen TV
Washer and Dryer
Kids Stuff
Bench
Parents and Grandparents Stuff
All furniture
Spoon Rack
Gracey (dog)
Lightening (cat)
AS DS?
Page 16 of 17
EXHIBIT B
Photographs
Oil Painting of April and I
Wedding Photo of April and I
Mirror near computer
Bedroom Set
Old love letters and memorabilia
Camping Gear
Decorations
Tools
Trailer
Harvey (cat)
AS DS
Page 17 of 17
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