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HomeMy WebLinkAbout07-0238IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA Becky J. McSherry, CUMBERLAND COUNTY BRANCH Plaintiff, ) ) Defendant, ) Civil Action - Law vs Michael T. McSherry, No. 2007- a3? ctu In Divorce a v.m. 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 pages by the Plaintiff. You may lose money or other rights important to you, including custody or visitation of your children. 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 of the Franklin County Courthouse, First Floor, Chambersburg, 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABAOUT 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. Pennsylvania Bar Association Lawyer Referral Service 1-800-692-7375 (PA Only) or (717) 238-6715 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Franklin 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 our office. All arrangement must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. I IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH Becky J. McSherry, Plaintiff, Civil Action - Law ) vs ) No. 2007 - as p lit.zL 7i yv` Michael T. McSherry, ) Defendant, ) In Divorce a v.m. COMPLAINT UNDER SECTION 3301 (a) OR 3301 (c) OR 3301 (d) OF THE DIVORCE CODE COUNT 1 DIVORCE 1. Plaintiff is Becky J. McSherry, a sui juris adult, who currently resides at 101 Independence Drive, Shippensburg, Cumberland County, Pennsylvania, since April 1, 2000. 2. Defendant is Michael T. McSherry, a sui juris adult, who currently resides at 101 Independence Drive, Shippensburg, Cumberland County, Pennsylvania, since April 1, 2000. 3. Plaintiff and Defendant have been bona fide resident(s) in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on January 18, 1997. 5. There have been no prior actions of divorce or annulment of marriage between the parties except the action represented by this Complaint. 6. The marriage is irretrievable broken. 7. Neither the Plaintiff nor Defendant is a minor or incompetent. 8. Plaintiff has been advised that counsel is available and the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Plaintiff requests the court to enter a decree of divorce. COUNT II DIVORCE 10. The allegations of Paragraph 1 through 8 hereof are incorporated herein as fully as though set out at large. 11. In violation of his marriage vows and laws of the Commonwealth, the Defendant, Michael T.McSherry, has offered such indignities to the person of the injured and innocent spouse, the Plaintiff, as to render her condition intolerable and life burdensome. WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter a decree of divorce. COUNT III EQUITABLE DISTRIBUTION - SECTION 3502 12. The allegations of Paragraphs 1 through 8 hereof are incorporated herein as fully as though set out at large. 13. The parties have been unable to determine and equitably dispose of their respective rights and interested in the martial property, 14. Plaintiff will, within 60 days after service of this Complaint upon Defendant, cause to be filed an inventory and appraisement of all property owned or possessed at the time this Complaint is filed. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide, distribute and assign the martial property pursuant to the provision of Section 3502 of the Divorce Code. COUNTYIV ALIMONY 15. The allegation of Paragraphs 1 through 9 hereof are incorporated herein as fully as though set at large. 16. The Plaintiff is without sufficient property to provide for her reasonable needs, and is unable to adequately support herself. 17. The Plaintiff cannot support and maintain herself in the style she was maintained prior to the separation of the Plaintiff and Defendant without continued financial assistance form the Defendant. WHEREFORE, pursuant to Sections 3701, et seq., of the Divorce Code, "Alimony", Plaintiff respectfully requests your Honorable Court to order Defendant to file within 30 days of service of this Complaint upon Defendant, a complete income and expense statement and to require the scheduling of a hearing to determine Plaintiff's entitlement to alimony, and if so, the amount. ALIMONY PENDENTE COUNTV OUNSEL FEES AND EXPENSES 18. The allegations of Paragraph 1 through 8 hereof are incorporated herein as fully as though set out at large. 19. The resolution of the issues raised by this Complaint will require Plaintiff to incur considerable additional expenses and costs. 20. The Plaintiff is without sufficient means to adequately support herself and to meet the costs and expenses of this litigation and is unable to maintain herself during the pendency of this action. 21. The Defendant is presently employed as a Radiology Supervisor with Gettysburg Hospital with a gross annual salary of approximately $65,000.00. 22. The Plaintiff is presently unemployed and receives social security disability in the amount of approximately $ 1,137.00 monthly. WHEREFORE, pursuant to Section 3702, et. Seq., of the divorce Code, "Alimony Pendente Lite, Counsel Fees and Expenses", Plaintiff respectfully requests your Honorable Court to order Defendant to file within 30 days of service of this Complaint upon Defendant, a complete income and expense statement, and to require the scheduling of a hearing to determine Plaintiff's entitlement to alimony pendente lite, counsel fee and expenses, and if so , the amount. VERIFICATION I verify that the statements made in the foregoing document 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 DATE: / DATE: 1 j Martha B. Walker, Es4uire Attorney I.D. # 15989 33 South Main Street Chambersburg, Pa 17201 (717)262-2185 Attorney for Plaintiff p 4L a F a e a c C W C7 r.a N 0 O =?:m r1,r- Cy ?D ti IN THE COURT OF COMMON PLEAS OF THE 9T" JUDICIAL DISTRICT OF PENNSYLVANIA CUMBERLAND COUNTY BRANCH Becky J. McSherry, Plaintiff, vs Michael T. McSherry, Defendant, Civil Action - Law No. 2007- 238 In Divorce a v.m. ACCEPTANCE OF SERVICE I, Bradley Griffie, attorney for the Defendant, in the above-captioned matter, do acknowledge that I have received a true copy of the Divorce Complaint filed in the above-captioned matter on January 12, 2007. Date: (?? y Griffie, Esquire 00 N. Hanover Street Carlisle, PA 17013 (717) 267-1350 Attorney for Defendant o ? o r- o Z c?z a G" Cn C7 W -? J ? ~? K3. . f ` i? ijr -y^'` ?? ? '' J 4' \ ? } ( Y „ BECKY J. McSHERRY, Plaintiff VS. MICHAEL T. McSHERRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-238 CIVIL ACTION -LAW DIVORCE PRAECIPE TO WITHDRAW AND ENTER APPEARANCES TO THE PROTHONOTARY: Kindly withdraw the appearance of Martha B. Walker, Esquire, as attorney for Plaintiff, Becky J. McSherry, in the above-captioned matter. Date: 'Z?.*/ By: MART #A B. WALKER, ESQUIRE Attorney I.D. No. 15989 33 South Main Street Chambersburg, PA 17201 Telephone No. (717) 262-2185 Kindly enter the appearance of Maria P. Cognetti, Esquire, as attorney for Plaintiff, Becky J. McSherry, in the above-captioned matter. Date:/ By: MARIA P. COGN I, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 e--3 t'i ? 3a. ri1 K.:.- MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff BECKY J. McSHERRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. MICHAEL T. McSHERRY, Defendant : NO. 2007-238 CIVIL ACTION -LAW DIVORCE NOTICE OF ELECTION TO RESUME MAIMEN NAME Notice is hereby given that a Complaint in Divorce was filed on the 12`' day of January, 2007. Becky J. McSherry hereby elects to resume her prior name of Becky J. Rosenberry and gives this written notice of her intention in accordance with the provisions of 54 Pa.C.S. Section 704. 1 Becky J._ ,tarbe4wown as ecky J. Rqfs COMMONWEALTH OF PENNSYLVANIA /? , j ss. COUNTY OF (.: VnbFJ`101 On the 3: day of , 2007, before me, a Notary Public, personally appeared Becky J. McSherry t/b/k/a Bec J. Rosenberry known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. of "AJUA) ? Notary Public cOMM?IA DEBORAH MfN? PubNc C7 0 A rn x'14 V ? ..... . r. w . w . . w????? z ?m LOCI 6 MICHAEL T. MCSHERRY, Plaintiff V. BECKY J. MCSHERRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 238 - .0-0, 07 CIVIL TERM IN Divorce AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on March 1, 2007 and service was made by Acceptance of Service dated January 12, 2007. 2. The marriage of Plaintiff and 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. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF THAT ALSE PaC S. STATEMENTS HERE E O ARE TRUE AND CORRECT. I UNDERSTAND ARE MADE SUBJECT TO THE PENALTIES UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 11A 3a 6-7 Plainti MICHAEL T. MCSHERRY, N C V Mr : r m - n ?i flo (Dm MICHAEL T. MCSHERRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BECKY J. MCSHERRY, NO. 238 - Q ao 7 CIVIL TERM Defendant IN Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in 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 THE FOREGOING 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. DATE: 11 3 ? p 7 MICHAEL T. MCSHERRY, Plain n ? d o -rt . ,_ " 2 rrI ? ; - res rn ' ` IZ fJ ?rn BECKY J. MCSHERRY, Plaintiff vs. MICHAEL T. McSHERRY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-238 Civil Term CIVIL ACTION - LAW IN DIVORCE AMENDED AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 12, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the 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 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before the divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 1 p 6 $ ,? Michael T. McSherry, Defendant C? c? ? Q . '- ? -? ?., 1J 1 7 I ?..? ? ? ? . ` ? y ? 5 V ? ..//.J ? `? BECKY J. McSHERRY, Plaintiff vs. MICHAEL T. McSHERRY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-238 Civil Term CIVIL ACTION - LAW IN DIVORCE AMENDED WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE 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 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. DATE: Y 11Q ? ob V ry rr3 C7- 71; .: .TY, CJ"I R fit' BECKY J. McSHERRY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2007-238 Civil Term MICHAEL T. McSHERRY, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 12, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the 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 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before the divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn faisification to authorities. Date: S p t// f 12, '. , a. X 6 Becky J. M he , Plaintiff aWa Becky J. osenberry r"', ,?,, t... _.. L.=> r.. ? ? ?? ?? ' =7 '? ?+,i? t..:.,; _., ?7 i c. 4 , ?i•. BECKY J. McSHERRY, Plaintiff vs. MICHAEL T. McSHERRY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-238 Civil Term CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE 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 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. DATE: /// 7'/o r Becky J. Mc)fhegy, Plaintiff a/k/a Becky J. Rosenberry I:m) PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made thisc2 7 5x- day of , 2007, by and between Becky J. Rosenberry fWa Becky J. McSherry, of 101 Independence Drive, Shippensburg, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE') and Michael T. McSherry, of 5646 Stonebridge Road, Chambersburg, Franklin County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on January 18, 1997; and WHEREAS, two (2) children have been born of this marriage, namely, Tyler M. McSherry, born September 14, 1998; and Braden M. McSherry, born June 6, 2000; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of all matters between them relating to the past, present, and future support and/or maintenance of the children; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understands and agrees that neither shall do or say anything to the children of the parties at anytime which might in any way influence the children adversely against the -2- other party, it being the intention of both parties to minimize the effect of any such separation upon the children. 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as maybe available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 4. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in Cumberland County to Docket No. 2007-238, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. Both parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits of Consent and Waivers ofNotice or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) ofthe Divorce Code at the same time as they execute this Agreement. The parties agree that neither party shall file a Praecipe to Transmit the Record to obtain an absolute divorce prior to January 1, 2008; however, should HUSBAND choose to finalize the divorce prior to January 1, 2008, he shall be liable for the payment of COBRA insurance for WIFE from the date of the divorce through January 1, 2008. The parties hereby waive -3- all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed bythe parties that the provisions of this Agreement as to equitable distribution ofproperty of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in anyway by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties iftheyhave -4- each executed this Agreement at the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date", which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, ofwhatever nature and wheresoever situated, which he or she now has or at anytime hereafter may have against the other, the estate of such other or anypart thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower'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 a testamentary gift, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory ofthe United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future -5- support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relationship or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of anyprovisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. ADVICE OF COUNSEL: The provisions of this Agreement and its legal effect have been fully explained to the parties by their respective counsel; Maria P. Cognetti, Esquire, for WIFE and Bradley L. Griffie, Esquire, for HUSBAND. HUSBAND and WIFE acknowledge that this 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 parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources ofincome and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not, at any future time, raise as a defense, or otherwise, the lack of such -6- disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 10. WARRANTY AS TO EXISTING OBLIGATIONS: Each partyrepresents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party maybe responsible or liable except as maybe provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for 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. 11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 12. DEBT OF THE PARTIES: HUSBAND hereby indemnifies WIFE against, and agrees to assume sole liability and responsibility for, all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself, except as provided herein. -7- HUSBAND shall not and will not hereafter incur or cause to be incurred for the benefit of himself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of WIFE. WIFE hereby indemnifies HUSBAND against and agrees to assume the sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by WIFE for the benefit or herself, except as provided for herein. WIFE shall not and will not hereafter incur or cause to be incurred for the benefit of herself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of HUSBAND. 13. PERSONAL, PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. -8- 14. DIVISION OF REAL PROPERTY: HUSBAND agrees to transfer all his right, title and interest in and to the real estate situated at 101 Independence Drive, Shippensburg, Cumberland County, Pennsylvania now titled in the name of HUSBAND and WIFE as tenants by the entireties, to WIFE and agrees to immediately execute now, and in the future, any and all deeds, documents or papers necessary to effect such transfer of title upon request. HUSBAND further acknowledges that he has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. HUSBAND agrees to execute a deed conveying his interest to WIFE, said deed [t?o be held in escrow by WIF1E?'s attorney and to be delivered to WIFE upon the r"-r-o, rt r. c91 ? C MO4oa c 61 7? kCr'1C- 0r Q4- -1:;,e- e epee-"ate^?e. o WIFE hereby covenants and agrees to assume and pay in full the remaining balance of the mortgage now existing and presently constituting a lien upon and encumbering the same premises and further covenants and agrees that she will indemnify and save HUSBAND harmless from any and all liability, expense, cost, or loss whatsoever, as a result of her non-payment of, or non-performance of, said mortgage and said mortgage conditions. WIFE agrees that the home shall pass to the parties' children upon her death pursuant to her Last Will and Testament. WIFE has provided in her Will that, should she pass away prior to the children attaining the age of eighteen (18), the property will be held in trust for the children with a trustee to be chosen by WIFE and named in said Will. WIFE shall not prepare or execute any provision in any Will or Codicil from the time of execution of this Agreement that would alter the intent of this paragraph, that the property pass to the children upon her death. -9- 15. ALIMONY: HUSBAND shall, from the date of the signing of this Agreement, and for a period of five (5) years thereafter, pay to WIFE- the sum of Six Hundred Fifty ($650.00) Dollars per month for her separate support and maintenance. Said payments shall be made in two (2) installments of Three Hundred Twenty-Five ($325.00) Dollars, the first of which is to be made on or before the 7' of each month with the second being made on or before the 21st of each month. If, at the end of the five (5) year period Wife is still unable to be gainfully employed, and she continues to be on Social Security Disability due to her medical condition, the alimony of $650.00 per month will continue for an additional three (3) years. If, at any point, during this three (3) year period, however, it is determined that Wife is no longer disabled for Social Security Disability purposes and/or she becomes gainfully employed, the alimony will end. If Wife is still receiving Social Security Disability at the end of the three (3) year period and is not gainfully employed, Husband will continue to pay alimony in the amount of One Hundred Fifty ($150.00) dollars per month for an additional two (2) years. The payments described above are intended to be included in WIFE's income and deducted from HUSBAND's gross income pursuant to federal tax laws. WIFE agrees that all of the said payments shall be included as income of the WIFE in her applicable tax return and she shall pay such taxes as may be required by reason of such inclusion. The parties further agree that they specifically intend this amount to be non-modifiable by either party. Said alimony shall terminate prior to the period herein described only upon the death of either party orupon Wife's remarriage or cohabitation with an unrelated member of the same or opposite sex. -10- 16. CHILD SUPPORT: HUSBAND agrees to pay WIFE the sum of Four Hundred ($400.00) Dollars per month for the support of the parties' minor children. Said payment shall be made in two (2) installments of Two Hundred ($200.00) Dollars each, and shall be made in conjunction with Husband's alimony payments on or before the 7' and the 21" of each month. The parties agree that, if Husband's income should increase by $5,000.00 per year over his present salary of $62,000.00, the support will be increased by $25.00 per month and will continue to increase by $25.00 per month for each additional increase of $5,000.00 per year. In addition, if Wife's income should increase by $5,000.00 per year over her present income of $12,000.00 per year, the support will be decreased by $25.00 per month and will continue to decrease by $25.00 per month for each additional increase of $5,000.00 per year. 17. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. 18. PENSIONS. ANNUITIES AND/OR RETIIMM ENT BENEFITS: WIFE agrees that any monies which HUSBAND has acquired through his interests in either pensions, profit sharing, savings and thrift plans, annuities and/or retirement benefits through his present or past employers shall remain his sole and exclusive property. WIFE agrees to waive any interest she may have in such property and further agrees that she will not assert any such claim in the future. -11- HUSBAND agrees that any monies which WIFE has acquired through her interests in either pensions, profit sharing, savings and thrift plans, annuities and/or retirement benefits through her present or past employer shall remain her sole and exclusive property. HUSBAND agrees to waive any interest he may have in such property and further agrees that he will not assert any such claim in the future. 19. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The 2000 Chevy Impala shall be and remain the sole and exclusive property of WIFE; (b) The 2006 Chevy Silverado shall be and remain the sole and exclusive property of HUSBAND. (c) The 2006 Harley Davidson Motorcylce shall be and remain the sole and exclusive property of HUSBAND. The titles to the said motor vehicles shall be executed by the parties, if appropriate for affecting transfer as herein provided, on the date of execution of this Agreement, and said executed title shall be delivered to the proper party on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobile. 20. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items ofproperty, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or -12- her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 21. LIFE INSURANCE: It is further understood and agreed by and between the parties that HUSBAND shall maintain and keep in full force and effect his current life insurance policy upon his life. The parties' children shall be named irrevocable beneficiaries of said policy until they reach the age of twenty-three (23). WIFE shall have no personal right, title, claim or interest whatsoever in the said policy but may enforce any rights of the children therein as their parent and natural guardian, and it is specifically understood and agreed that WIFE shall be named and designated as such guardian and trustee during the period that the children are minors. 22. HEALTH INSURANCE - CHILDREN: HUSBAND shall be responsible for and shall maintain health insurance benefits for the parties' children. HUSBAND shall supply WIFE with proof of such coverage upon her request. The parties agree that any non-covered, extraordinary medical and/or dental expenses for the children shall be paid 80%byHUSBAND and 20% by WIFE after WIFE has exceeded the $250.00 deductible per child each year. 23. HEALTH INSURANCE - WIFE: HUSBAND shall maintain WIFE on his current health insurance plan through December 31, 2007, or until a final Decree in Divorce is entered, whichever comes later. Should HUSBAND obtain a final Decree in Divorce prior to January 1, 2008, -13- he shall be liable to WIFE for the payment of all costs associated with maintaining COBRA health insurance benefits from the date of the entry of said Decree in Divorce until January 1, 2008. 24. COUNSEL FEES: Neither party shall have any liability to the other for reimbursement of attorney's fees incurred by the other party in connection with the negotiation and preparation of this Agreement or in connection with any legal or equitable proceedings between the parties which have preceded the execution of this Agreement. 25. INCOME TAX PRIOR RETURNS: The parties have heretofore filed j oint Federal and State tax returns. Both parties agree that in the event any deficiency in Federal or State income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 26. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer ofproperty pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and -14- former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subj ect to the carry-over basis provisions of the said Act. 27. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 28. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 29. WAIVER OF CLAIMS: Except as herein otherwise provided, 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 shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as -15- administrator or executor of the other's estate. 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. 30. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 31. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure ofthe other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. -16- The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 32. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 33. ADDITIONAL INSTRUMENTS: Each ofthe parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 34. VOID CLAUSES: Ifanyterm, condition, clause or provision ofthis 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. 35. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. -17- 36. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 37. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 38. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year n' (SEAL) Michael T. McSherry -18- 0 * COMMONWEALTH OF PENNSYLVANIA) COUNTY OF? SS: On this, the4z7 day of , 2007, before me, a Notary Public, the undersigned officer, personally appeared Becky J. Rosenberry f/k/a Becky J. McSherry, known tome (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. W, WITNESS WHEREOF, I hereunto set my hand and official seal. CA Z2 Notary Public NOTA" SEAL DEBRA A. FIKE, NOTARY PUBLIC cny OF NARRISBURB, DAUPBBI CO. W COMMISSION EXPIRES WE 24,2M COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF ?UnxbZi ) On this, the P6-day of ?, , 2007, before me, a Notary Public, the undersigned officer, personally appeared Michael T. McSherry, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property 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. 1 Notary Public N'? TA,; 17 :. f i _ ?. RUB;*i . -'4F:,c:r Notaty Public BOROUGH, CUKNERLAND COUNN Cron 111"M Apr 17, ?Oi t -19- '' aJ L - '1a MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 9094060 Attorneys for Plaintiff BECKY J. McSHERRY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. MICHAEL T. McSHERRY, Defendant : NO. 2007-238 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by Bradley Griffie, Esquire, attorney for the Defendant on January 17, 2007. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Becky J. McSherry, a/k/a Becky J. Rosenberry, Plaintiff, on January 18, 2008; by Michael T. McSherry, Defendant, on January 10, 2008. 4. Related claims pending: Settled by Property Settlement Agreement dated November 27, 2007. 5. (Complete either (a) or (b).) (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in§ 3301(c) Divorce was filed with the Prothonotary: Waiver of Notice is being filed simultaneously herewith. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: Waiver of Notice was filed on January 15, 2008. MARIA P. COGNETTI & ASSOCIATES Date: January 21, 2008 By: MARIAIP. COOETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff N .? C-D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. BECKY J. McSHERRY Plaintiff No. 2007-238 CIVIL TERM VERSUS MICHAEL T. MCSHERRY, Defendant DECREE IN DIVORCE AND NOW, 4 2008 BECKY J. McSHERRY DECREED THAT AND , IT IS ORDERED AND MICHAEL T. McSHERRY ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, 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 terms of the parties' Property Settlement Agreement dated November 27, 2007, and attached hereto are herewith. RT: ATTEST: J. PROTHONOTARY .? ? moo. i? ., ? ? ?°??? ?Q? ??