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HomeMy WebLinkAbout95-06751 oJ ~ ~ o ~ Q) 1 ~ ..s: V) E:' ~ J -... l{) 5 1 tn 0- o <= . "", " ..:i ~~ ~ '. CMI ..'t .~ " .' ".." ,;,,,...-'. 'h '~ " " -,. . ::'~Y;~.::\;;\t<,:: l" '. <.'.. ~ .Ii:, :;' " ~ _, ..' .' ~.'" . ,,:t";,~f~;,:,;~~::;,,:,:' '~ '-r:-.' ~"'tr'flk*,."" '\ ;~ .:. t l! ~ . ~: ; :- ~~' y' "~ " .~;.~ )rW ,', ", ";,'. " ' , . -..:,-- ".~':'" .l.-' , , " ..,', ".." ..,)~~;::, . . . . -- . .. ..' ...........' _:...."...'_'.:. ,.'.' ......' .:. .'):__).O.:__:4IDC__~ i:t - ..-.---- ......... ., , - . ~ . : IN THE COURT OF COMMON PLEAS ~ .' . 8 OF CUMBERLAND COUNTY . fi ' " . . ~ ~ t STATE OF ~-". . PENNA. I ~ " , 8 ~ ..W.i\I/r.~,R..R~..~",J;R,~.Qp!t,l'{J;"..,,,,,..,......,,......,.. I . 8 """"PlalntlCL..,..,.... ..,.................,....,........,.......... II N o. "..~~::ftl~LQIVJ.kT.~,B.M 19 . ~ Vel'SIIS II . ~ ..1<.AT.!,'AI{'t{,J;~k!;H,J;!t,!3'OU~~,~,....,',...,..,..........., 1'1 8 e ~ ,.., .OeCendant.."".,...,.." . ..", ,...... .. ~ ~ : DECREE IN ~ e DIVORCE _ 8 . :, AND NOW. .. . .. .. .. .. . ..'!1 ~ .. ,.? ~c... 19. r.~ ... It Is ordered and f " ~ ~ decreed that........ ..1'.:1l1,ter .Il. fllterbourne.... .. ..... .......... plaintiff, " ~ and. .. ,. .. . Katharlno J..Sherbourne., .. .., . ,. .... ,. .' ,. .' .... ,.. defendant, ~ ~ ~ are divorced from the bonds of matrimony. ~ 8 ~ ~ The court retains jurisdiction of the following claims which have ~ e been raised of record in this action for which a final order has not yet ~ been entered; None ... ~: l!- e 8 ~ " ~ e ~ ~ ~ t;-;...;-:.;-:;.;, ; . . , . , . T!t!l.I!\t,a.c.h.e.c! Pr9P!lrti ~!!,tn~l]1!!!I~ ,~gtl!l!I]1!lJl.t.lIl.I)Il~l\I:!y.II)c;Q~p.QrAt!!lI,.b.~t.I)Qt . merged, Into thill, Decrce,ln, Dlvoroe., . . , , , . , , . . , . . . . . . . . . . . . . . . . . , . , . , . . . . . . . . . . Dy T e Courl: / . 4. a... Ali~~i ~~~(' i'.t<.M,".e'~;~'''j: , "r' R~tb.91olh~~~larY ,. ---,"".'~-_.- -~---_._------ ~--'''-''-_.------'-'-- .~~ . ~-~.- , ,it! . ." .:c. .~ .:.:. .' <Co .:+:- .:<<. .:.:. .:+:. -:.:. .:+:. .:.:. .:.:. .:.:. .:.:. .:+:. -:.:. .:+:. .:.:. .:+:. .:+:. ~ $ ~ ~ w ." s w ." ~ ',' w ." $ ,'. ~ .5-.3'.9~ dd- t-'W .1Of~~ 4~--~// 5t3/~~/I~~4~'~ ~ . - . . '-.; ,. ~ .. , , " .- , PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this &. ':} day of ~ , 1996, by and between WALTER R. SHERBOURNE, hereinafter called "Husband", and KATHARINE J. SHERBOURNE, hereinafter called "Wife". WITNESSETH: WHEREAS, Husband and Wife were legally married on June 29, 19B5; WHEREAS, two children were born of this marriage, namely Samantha H. Sherbourne, born May 1, 1990, and Nicole K. Sherbourne, born March 12, 1988; WHEREAS, differences have arisen between Husband and Wife In consequence of which they desire to live separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligatIons. NOW THEREFORE, In consideration of the premises and covenants contained herein, it Is agreed by and between the parties hereto that: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoIng provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart, 2. INTERFERENCES. Each party shall be free from Interference, authority and control by the other, . - .. , , f', ._ as fully as If he or sha were single and unmarried, except as may ba necessary to carry out tha provisions of this Agreement. Nelthar party shall molest or attempt to endeavor to molast the other, or In any way harass or malign tha other, nor In any other way Interfere with the peaceful existence, separate and apart from the other. Each of the parties hereto completely understand and agree that neither shall do or say anything to the children of the parties at any time which might In any way influence the children adversely against the other party. 3. DIVISION OF REAL PROPERTY. A. The parties have sold the marital residence located at 166 Brindle Road, Mechanlcsburg, Cumberland County, Pennsylvania with settlement being scheduled for June 14,1996. The parties agree that they shall, after the payment of all closing costs, liens of record and other fees attendant to settlement, divide the proceeds equally between them at time of settlement. B. The parties are the owners of a real estate located at 1361 Scranton Avenue, Whiting, New Jersey, which Is presently under a five (5) year rental contract to expire on June 1, 2,000. At the expiration of the rental contract as aforementioned, Husband shall Immediately place the property on the market for sale. Pending final sale of the property, Husband shall be solely responsible for maintaining the said property. The parties shall share equally any net proceeds derived from this property until It Is sold. At the time the real estate Is finally sold, the net proceeds of tho said sale shall be divided equally. Each of the parties shall be responsible for ono- 2 1V~"" , .,. . , , half (1/2) at any capital gain at the time at said sale at the real estate. Husband shall be entitled to deduct, on his Income tax return, any out-at-pocket or other deductible expenses actually paid by him to maintain the said property. 4. DIVISION OF PERSONAL PROPERTY. The parties have divided their personal property pursuant to Exhibit "An attached hereto and made a part hereof. All Items of personal property must be removed tram the marital residence by June 8, 1996. All other Items of personal property have been divided satisfactorily by the parties and neither shall make any claim to any such property presently In possession of the other. Should it become necessary at any time for either party to execute any titles, deeds or similar documents to give effect to this paragraph, it shall be done Immediately upon request of the other party. 5. CUSTODY AND VISITATION. Pursuant to an Order of Court In the Court of Common Pleas, Cumberland County, Pennsylvania, Husband has primary physical custody of the minor children subject to certain partial custody rights In Wife as Identified by said Order. Any modifications of the said Order shall be done In accordance with the most appropriate jurisdiction based on the residence of the children at the time. 6. SUPPORT. Husband agrees, so long as the children remain in his physical custody, that ho 3 .t", ",,-:~..: ..~> ._"", ,~"'d:)';';' ~,Jf~,'f ,~:. "''''' n__ ," ... ~ , , will not pursue the payment of child support from Wife. This Agreement Is entered Into by the parties, acknowledging that Wife has made a contribution to the support of the minor children through the distribution of marital property as set forth herein. 7. TAX ON PROPERTY DIVISION. Husband hereby agrees to pay all Income taxes assessed against him, If any, as a result of the division of the property of the parties hereunder. Wife hereby agrees to pay all Income taxes assessed against her, If any, as a result of the division of the property of the parties hereunder. 8. ASSUMPTION OF DEBTS. With the exceptIon of the outstanding liens against their real estate, the parties have no Joint debts. Husband shall assume sole and separate ownership of the following credit cards In his name only: MBNA Mastercard, First Edition Visa, First Edition Mastercard, GM Mastercard and Bank Amerlcard Visa. Wife shall assume soie and separate ownershIp of the following credit cards In her name only: MBNA Mastercard and GM Visa. The said cards in Wife's name only shall be returned to her at the time of final settlement on the marital residence and, from that point forward, shall be her sole and separate property for which she will solely be liable for the debts generated thereon. All further debts Incurred by the parties shall be their IndivIdual responsibility. 4 ~:: ; , , .. 9. C.D.sIIRAs/BANK ACCOUNTS. The parties are the owners of the following Certificates of Deposit being held by Dauphin Deposit Bank with a total value of $45,365.91: No. 8100547157, No. 8140022748, No. 8140007943 and No. 810059196.2. The parties are also the owners of two Certificates of Deposit being held with PNC Bank with a total value of $12,319.95. In addition, the parties have bank accounts with Fidelity Bank with a balance of $8,525.21, and at Dauphin Deposit Bank with a balance of $740.00. The parties also have mutual funds in the amount of $5,376.48. Husband has an IRA through his employer, Rockwell, with a balance of $2,120.42, as well as a Prudential IRA with a balance of $22,747.64. It Is the Intent of the parties to divide equally all of the cash assets set forth above after the payment of the debt on the 1994 Fireblrd, which will be retained by Wife, In the amount of $11,561.35. The parties agree that they will equally divide the payment based on the equal division as set forth above, and after deducting the balance due on the car loan, $11,561.35, the distributable share to Wife Is $42,817.13 and the distributable share to Husband Is $17,950.07 plus Husband's IRAs through Rockwell and Prudential. 10. MOTOR VEHICLES. Wife shall retain as her sole and separate property, the 1994 Firebird with the 5 \ -.>-'" .....(_.,.."',-c j.\.;.';;/. , , ..., balance due on said vehicle to be paid off pursuant to Paragraph 9 of this Agreement. Husband shall promptly execute, at the time of the execution of this Agreement, the title to the aforementioned Flreblrd presently titled In his name Individually, to Wife Individually pursuant to the terms of this paragraph. 11. 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. The party breaching this contract shall be responsible for the payment of legal fees and costs Incurred by the other In enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 12. FULL DISCLOSURE. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever In which such party of every type whatsoever and all other facts relating to the subject matter of this Agreement. 13. ADDITIONAL INSTRUMENT. Each of the parties shall on demand execute and deliver to the other any deeds, bills of sale, assignment, consents to change of beneficiary on Insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. If either party falls on demand to comply with this provision, that party shall pay to the 6 .. . , , other ell attorneys' fees, costs and other expenses reasonably Incurred as a result of such failure. 14. WIFE'S DEBTS. Wife represents and warrants to Husband that since the parties' separation she has not and In the future she will not contract or Incur 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 him by reason of debts or obligations Incurred by her. 15. HUSBAND'S DEBTS. Husband represents and warrants to Wife that since the parties' separation he has not and In the future he will not contract or Incur any debt or liability for which Wife or her estate might be responsible and shall Indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations Incurred by him. 16. WAIVERS OF CLAIMS AGAINST ESTATES. 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 may now have or hereafter acquire. under the present or future laws of any jurisdiction, to share In the property or the estate of the other as a result of the marital relationship, Including wIthout limitation, dower, curtsy, statutory allowance, widow's allowance, right to take In Intestacy, right to take against the Will of the other, and 7 .. . , , "', right to act as administrator or executor of the other's estate, and each will, to 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. 17. REPRESENTATION. It Is recognized by the parties hereto that Walter R. Sherbourne Is represented by John J. Connelly, Jr., EsquIre, and Katharine J. Sherbourne Is represented by James M. Bach, Esquire. Each of the parties have had an opportunity and have reviewed this Agreement with their counsel. It Is fully understood and agreed that by the signing of this Agreament, each party understands the legal Impact of this Agreement and further acknowledges that the Agreement Is fair and reasonable and each party Intends to be legally bound by the terms hereof. 18. VOLUNTARY EXECUTION. The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement Is fair and equItable, that It Is being entered Into voluntarily and that It Is not the result of any duress or undue Influence. 19. 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. 8 ) , , - . 20. PRIOR AGREEMENT. It is understood and agreed that any end all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 21. MODIFICATION AND WAIVER. Any modification or waiver of any provision 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 default of the same or similar nature. 22. GOVERNING LAW. This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 23. 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 covenant and agreement. 24. VOID CLAUSES. if any term, condition, clause, or provision of this Agreement shali be determined or declared to be void or Invalid In law or otherwise. then only that term, 9 . - . , , 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. ENTRY AS PART OF DECREE. It Is the Intention of the parties that this Agreement shall survive any action for divorce which may be Instituted or prosecuted by either party and no order, Judgement or decree of divorce, temporary, final or permanent, shall affect or modify the flnanelal terms of this Agreement. This Agreement shall be made a part of any such Judgment or decree of final divorce. 26. DIVORCE ACTION. The parties shall, at the time of the execution of the Agreement, execute documents necessary to finalize the divorce action Including, but not limited to, the withdrawal of any claims pending under said action Indexed to number 95.6761 Civil Term, In the Court of Common Pleas, Cumberland County, Pennsylvania, as well as Affidavits of Consent and Waivers of Counseling and Waivers of Notice of Intention to Request Entry of a Divorce Decree. 26. DOMESTIC RELATIONS CODE OF THE COMMONWEALTH OF PENNSYLVANIA. Except as specifically provided In this Agreement, each party wolves ony claim they may have against the other under the Domestic RelOllol1s Codo of tho Commonwealth of Pennsylvania includIng, but not limited to, llllmony. nil many 10 , , pendente lite, counsel fees, costs and equitable distribution of marital property. IN WITNESS WHEREOF, the parties hereto, Intending to be legally bound hereby, have, hereunto set their hands and seals the day and year first above written. WITNESS: , W~ (7.. 1\LL _ Walter R. Sherbourne K'~'~~- ~ 11 , j , , - 'I .1 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF BAUPI'IIl. C vf1l!lE:.R..LANh On this, the ~ dey of M"'J , 1996, before me, a Notary Public, personally appeared Walter R. Sherbourne, known to me to be the person whose name Is subscribed to the within Property Settlement Agroement and acknowledgsd that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. , ~ NOTARIAL SEAL ATTORNEY JAMES M,I!ACH, Notary Public CUOlb!!rIDnd Ccunly ..MyComfh:ubn C'l,~~e:..!~ ..!.~.~,~:..s....'" w ~ NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA 11A-~ NOTARY PUBLIC ss. COUNTY OF eUI't I'Q(:.~L.AN.J) On this, the 2.~ day of H~ personally appeared Katharine J. Sherbourne, known to me to be the person whose , 1996, before me, a Notary Public, name Is subscribed to the within Property 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. -...-...----,.-...-...,...- tj::J'iAf1!AL S~AL I ." "."IJ': I to '.:' '; .. 1I.r........ "'" "'lrl\...~. .... y ....\..\1:......;., CAt..li.I....a..~ Fu...+. j c..l:l6.)!f!J:.j(:::\I..i~' I ! :.\.ct\:....:;.,;..~~.f'~;..FM,;f'~3.1~:vl -.,.., ... ......R....................... ,._..__........., i._.:.;.......-,"-~:.>,~.,..,. . . - , , EXHIBIT "A" PERSONAL PROPERTY Husband: Bedroom Set Washer and Dryer Children's Bedroom Sets Including Linens (1 dresser, lamps, bookshelf, beds, desk) living Room Furniture (3 tables, 2 sofas, 1 chair, 2 lamps, small curio cabinet) Picture of Lady In living Room 1 Sofa In Family Room Hanging Lamp over Kitchen Table Tractor and All Outside Lawn Equipment Dehumidifier 1/2 of Christmas Items 1/2 of all Pictures/Photographs of Children 112 of Linens (bath towels, etc.) Wife: Family Room Furniture (2 matching sofas, coffee table, 2 end tables, T.V., stereo equipment, 2 lamps) Removable Tray Table In living Room Large Curio Cabinet All Precious Moments Dolls Dresser In Samantha's Room All Kitchen Items Microwave and Stand Dining Room Set 1/2 of Christmas Items 1/2 of all Pictures/Photographs of Children 1/2 of Linens (bath towels, etc.) 13 -- c:1 :r- {..-', - i .. "' \.tJ~ .;: ~ , , l.). I w:~- ~' J=' 1.._" '. :_:1 cJ~ C" .~ ,'/1 .-.', lJ..I,.... ,,, . ,:- .-." G.:' :.-:: 'i.,) r- ,:..;... II. ,,., ".' l.' ,- ) -"'.-\';---:1<', ' . " WALTER R. SHERBOURNE, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95.6751 CIVIL TERM KATHARINE J. SHERBOURNE, CIVIL ACTION. LAW DEFENDANT IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following Information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section (XX) 3301 (c) () 3301 (d) of the Divorce Code. 2. Date and manner of service of the Complaint: December 6, 1995, by certified mall no. P 514450769. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301 (c) of the Divorce Code: by Plaintiff: May 22, 1996; by Defendant: May 22, 1996. (b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: All claims settled. 5. 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) of the Divorce Code: . . ., '1.. <"".i'~i .>." '. . , 6. Date and manner of service of 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 (cl of the Divorce Code: or, date of exacutlon of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301 (cl of the Divorce Code: by Plaintiff: May 22, 1996; by Defendant: May 22, 1996. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: May M, 1996. Date: /)-~5-q(P r:: f"'o. ..-: I tu~~ .:J '- u' ~:~ tel - '. I;... ~ ~ L " :~: ,", c., -. ,',"} lIiL C'J .:!~.; f]!f" :...: ;i'j, " , :i:..;;> ,-- . i l'~ .~ ._), c~ (j-\ ,_1..1 .. .. . WALTER R. SHERBOURNE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95.6751 CIVIL TERM v. KATHARINE J. SHERBOURNE, Dafendant CIVIL ACTION. LAW IN DIVORCE PRAECIPE TO WITHDRAW CLAIM TO THE PROTHONOTARY: Please withdraw the claim for Equitable Distribution in the above-captioned divorce action. CONNELLY, REID & SPADE Date: IJ -,J,,~ - 9ft:; '.. r- ..... b:: fe" "''-- ~t>. - ; ~;~ y. .....:)1 F' ..:... . ':i ,jf' .'- . ' - ;:.n {3' .?,,: . :1.._ (\oJ .,. o:~ :- :.a . ,- I t,e:" , C c, , ) WALTER R.SHERBOURNE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6751 CIVIL TERM CIVIL ACTION. LAW IN DIVORCE v. KATHARINE J. SHERBOURNE, Defendant PRAECIPE TO WITHDRAW CLAIMS TO THE PROTHONOTARY: Please withdraw the claims for Equitable Distribution, Alimony, Alimony Pendente Lite. Counsel Fees, Costs and Expenses In the above-captioned divorce action. Date: S-~-9(p By: ~ es M. Bach, Esquire torney for Defendant 352 South Sporting Hili Road Mechanlcsburg. PA 17055 (717) 737-2033 " -- r- - ,,. - -: .. \ ~ "- -. -.)":,,, UJL-. - .-: ~L -. :~ ::1 .:- " ~:3 q~ '.- - :~ C' (,~ ..::-: Uj"~- :liJ -', ..~- tc: .:., 0- o.,.' ;- - ; 10. ," ':) u ... \ WALTER R. SHERBOURNE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95.6751 CIVIL TERM CIVIL ACTION. LAW IN DIVORCE v. KATHARINE J. SHERBOURNE, Dafendant PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint In Divorce under Section 3301 (c) of the Divorce Code was flied on November 29, 1995. 2. The marriage of the Plaintiff and Defendant Is Irretrievably broken, and ninety days have elapsed from the date of both 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 have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate In counseling. I further understand that the Court maintains a list of marriage counselors In the Prothonotary's Office, which list Is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I ~. ". ~_,:;:>\.~':::>l,i _" ,"." ....,.. :;i. i j .'oi'~~TJ:"i~~!:~:.~.~;:-:!!\t~:f"li~~I:o:/. " ...~..---........--.~'."" ". .. " " participate In counseling prior to a divorce decrea being handed down by the Court. 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 Pe. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: 5~~;.-qy, ~. ~o.j___ Wa ter R. Sherbourne, Plaintiff '~ ~ ,.... ;- r:: t.:"'; .. .~") wr;l i.);% EEe c:: ..1::"0t " ,.,=5 (~)f. , (.. -s.. @... j .'~Il '"" .J;;~~ -, :- u:t' :.'JLIl F- :.:-~ !t.l. t!.. ~'" ':;j 0 0\ (,,) ~ " " WALTER R. SHERBOURNE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95.6751 CIVIL TERM v. KATHARINE J. SHERBOURNE, Dafendant CIVIL ACTION. LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint In Divorce under Section 3301 (cl of the Divorce Code was flied on November 29, 1995. 2. The marriage of the Plaintiff and Defendant Is Irretrievably broken, and ninety days have elapsed from the date of both 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 have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate In counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list Is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I ;r" ~. :}t ;fe' ~; i~ f~ ,. J r .~. ;i. ,,: :~ , t .. .' . . '. ~, participate In counseling prior to a divorce decree being handed down by the Court. 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.A. Section 4904, relating to unsworn falsification to authorities. Date: .5-~,;J,-9fr' -- r- f: -: ., -- ~ tl.!~: .. '-.~ -- c).. ...... -'. r;: ~. "- -. .-1 '.". C' ~-'2 ~J ..- (,: C-.i '.- ';~.p u:l . . "'0' ;-. - , IJ_ ..... .J U C. r,- , . WALTER R. SHERBOURNE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96.6761 CIVIL TERM CIVIL ACTION. LAW IN DIVORCE v. KATHARINE J. SHERBOURNE, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S 33011cl 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 flied with the Prothonotary. I verify that the statements made In this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: :J-tJ.~-C)y; (At. ft\ ~. ~L Walter R. Sherbourne. Plaintiff '- r- r.- ," .. HI ~.: . .., C'_~ -,': E ~. '" l:'" :~ U .. " ::i L~ , ;.:! " - L., .' ,".l (~ , ;,.. ;:it] . - u_ . ... j c' ;,. , ',J v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96.6761 CIVIL TERM CIVIL ACTION. LAW IN DIVORCE WALTER R. SHERBOURNE, Plaintiff KATHARINE J. SHERBOURNE, Defendant W~~~~~~:CO~;~~b~~TENTION TO REQUEST ENTRY OF A D R S 33011cl 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 flied with the Prothonotary. I verify that the statements made In this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: j-cfl.,9, - C;y; .... ,... Co'; i .. UJ~' " .- O. : :~ [j" , C !-. u.,... :--.:i y: E .., ,., . ! .~~ (....J : ,",. is: I ,... i;1 .. " t!.. '. ~ " u , , t , . . '. .. WALTER R. SHERBOURNE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA NO. y5~- (, '1 :J-, {jJ-.tJ.-\l JU1'l''-- CIVIL ACTION. LAW IN DIVORCE v. KATHARINE J. SHERBOURNE, Defendant NOTICE You have been sued In Court. If you wish to defend against the claims set forth In the following papers, you must take prompt action. You are warned that If you fall to do so, the case may proceed without you and a Decree In Divorce or annulmant 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 counsalors Is available In the Office of the Prothonotary at the Cumberland County Court House, 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. Court Administrator Cumberland County Court House Fourth Floor 1 Courthouse Square Carlisle, Pennsylvania 17013 Phone: (7171 240.6200 , <l,t..', .,' .' . WALTER R. SHERBOURNE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1 ~'- (,1 SI 0i.H:J -r u- CIVIL ACTION. LAW IN DIVORCE v. KATHARINE J. SHERBOURNE, Defendant NOTICE OF AVAILABILITY OF COUNSELING To the Within Namad Defendant: You have been named as the Defendant in a divorce proceeding flied In the Court of Common Pleas of Cumberland County. This notice Is to advise you that In accordance with Sactlon 3302(dl of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors Is avallflble at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list Is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (201 days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Lawrence E. Welker, Prothonotary .. .' " WALTER R. SHERBOURNE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. q!i'-{'7~1 (2.W.:J I.v.- KATHARINE J. SHERBOURNE, Defendant CIVIL ACTION. LAW IN DIVORCE COMPLAINT UNDER SECTION 33011cl OF THE DIVORCE CODE 1. Plaintiff Is Walter R. Sherbourne, who currently resides at 166 Brindle Road, Mechanlcsburg, Cumberland County, Pennsylvania. 2. Defendant Is Katharine J. Sherbourne, who currently resides at 166 Brindle Road, Mechanlcsburg, 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. Plaintiff and Defendant were married on June 29, 1985, in Up par Darby, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff Is a citizen of the United States of America. 7, The Defendant Is not a member of the Armed Services of the United States of America or Its Allies, .\ . , " .. . " 8. The marriage Is Irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the rlg~t to request that the Court require the parties to participate In counseling. 10. Plaintiff requasts the Court to enter a Decree In Divorce. COUNT II COMPLAINT UNDER SECTION 33011al OF THE DIVORCE CODE 11. Plaintiff hereby Incorporates by reference arl of the averments contained In Count I of this Complaint. 12. Plaintiff avers that he is the Innocent and injured spouse, and that the Defendant has offered such indignities to the Plaintiff so as to render his condition Intolerable and life burdensome. 13. This action Is not collusive. COUNT III CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3602 OF THE DIVORCE CODE 14. Plaintiff and Dafendant are the Joint owners as tenants by the entireties of the following real estate which are subject to equitable distribution by this Court: 166 Brindle Road, Machanlcsburg, Cumberland County, Pennsylvania; and, 1361 Scranton Ave., Whiting, New Jersey 08579. .' " .' . 16. Plaintiff and Defendant are the owners of various Items of personal CONNELLY, REID & SPADE property, furniture and household furnishings acquired during thalr marriage which are .', subject to equitable distribution by this Court. 16. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts and Insurance policies acquired during their marriage which are subject to equitable distribution by this Court. WHEREFORE, the Plaintiff requests the Court to entar a Decree: a. dissolving the marriage between the Plaintiff and Defendant; b. equitably distributing all property owned by the parties hereto; and, c. for such further relief as the Court may determine equitable and just. By: e' h J Con elly, Jr., Esquire Atto y for lalntlff o 1 nut Street P. O. Box 963 Harrisburg, PA 17101 (7171 238-4776 (7171 238-4793 Telecopler 1.0. # 15615 .' Vl!IRIP:rCA'l'ION I Walter R. Sherbourne , , verify that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: (//2.~/q5 , . By:Wlli 3Q..k -- ~ Ln ~ "" ..., \ {) l(j ~~ .......... ,. .t: #- ~ 1t.~ '-I- ~ ~~ ~:: , a ~c:,,:;:'i ~?"~>~=- ,; ,=.~>:! " "-..: .......... ) ....J:i:=:J ~ &.:;=~-bJ :....;_-"~:L:;~ t.-::r.l." 5~ - 0"1 <" ,.. -<=> -= \,......, , ... ,--..:J ' ......~ " ,., ~ ~ ...... v " .... ~ t.k::> .....\ ~ ~ B ~ -..s ~ ~ ~~\ ~~~ " , WALTER R. SHERBOURNE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96- 6761 CIVIL TERM v. KATHARINE J. SHERBOURNE, Defendant CIVIL ACTION. LAW IN DIVORCE AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA : 58. COUNTY OF DAUPHIN AND NOW, this /!JJ:)Aay Of~Jr..lb 1996, personally appeared o before me, a Notary Public In and for the State and County aforementioned, John J. Connelly, Jr., Esquire, who, baing duly sworn according to law, deposes and says that a copy of the Complaint In Divorce was served on the Defendant, Katharine J, Sherbourne, on Decembar 6, 1996 by certified mall number P 514 450 769, addressee only, return receipt requested, as evldencad by the return receipt card attached hereto and made a part hereof. Sworn to and subscribed before me this /6.:f:.h daYO~,1996. GA~ J~,~diOJ ?"Notary Public "jOhnt::reIlY, NOTARIAL SEAL JEAN L. KOSIER. NCllaIY PublIc ell) '" Hom.buIll. QIuphln County My Com",,""'" ExpInlI Hav, 29, llKl8 ..~..",..... ..-- .. l~ii.'lj., ';.f,s:~,; - :".'~.. .'tt;;'i!'-;~:";: I'~;.'~ '~'t ": - :-~::-:;. ;JW:Ji~ ;-' ::::'-?;;~~;'~:-~:"~:S'_"'d.,~,~,c.,~t"~':d~)?: '1~~I~;' ==~:~:::,~.:: ..' :~.I'~";'J 'f~~~. 'O':~:.I;.=oNe.~,L,"~"'~I?;i:' t ;- .-PrIm your MInI .... ...... 0I'I1h1...... of tNI fofm 10 tMt w' An, 'HI: ,- " _' '_:_: ,_".:y,i:~:_,~\(~_, -~::~ h '~..: ::.:::;,....................... ......... _If _,. 0 Add~;"Add....""} 1."'.I,.~ltIono\-=IloooIptR~'Oll""""""'_"""""'_ 2 IlIR..lltcledDIII~.O: ':'1'; "tI.-..ThlRlUnAecelptdJhowto.hornth..,ddeWftdtlYMdlftdthlldltt. . ',', .. ~~ : 8:_,d" ,. ConlUll ........., fOl fll,: :1.3.ArtlcIo AddrHHCl 10: 4.. Articl. Numbl,' :: ." ..... '. KathBr.lne J. Sherbourne P514 450 769 . '.1 i Ii, 166 Brindle Rd. 4b. SlrvIce TyPl . ,~ :11" ,.Mechanlcsburg, PA 17055 0 RlI\IllIOIod 0 Inlu,ed '1'~ '. IlIl C.rtlfled 0 coo ' o Exp.... M.II Rltum R...lpID, : 7, o. of 0,11.. .l!.. I 8, Add.. Add.... (Only If '.qu.."ed....!. and f,. I.:p.ldl ". .~ . . II" Slgn.lura lAg""" II , 'ill '1/ I. """'!' '. ' " .... . ~'~ . : , \ 1. t \ ,1'1'. . \ . I . ...,-Jllj~... "', h \ \: It \ ~ 11. r~ I,t; ! .. . '~' , ~\.~-"". ,," ~... !I.Form , D-*< 181)1f:*':'-'-~~". DOMUnC. RETURN RECE11"T" "",~~-..,. Cr. .:I- ~ ~~ N .. ,- 8'5 c . "" :1 '. R;;: ~;;i ,) i~ 01 It: ': : d~ r.', ", ',OJ i3 Co' .., . .. WAL'l'BR R. SHBRBOURftB . IN THE COURT OF COMMON PLEAS OF . PLAINTIFF . CUMBERLAND COUNTY, PENNSYLVANIA . . . ve. . 95 - 6751 Civil Term . . . KA'1'IIA1lIHB J. SHBRBOURftB . . DEFENDANT . IN DIVORCE . ANSWER and COOl'lTJSK-CLAIM 1 - 7 ADMI'l'TBD 8. DENIED. It is DENIED that the marriage is irretrievably broken. 9. NO ANSWER IS REQUIRED. 10. DENIED. For the same reason as given in No.8. 11. ADMIT'l'BD 12. DENIED. It is the DEFENDANT who is the innocent and injured spouse, and she has suffered indignities on account of the PLAINTIFF. 13 . ADMI'l'TBD . 14-16 ADI1I'l'TBD. The DEFENDANT joins in PLAINTIFF'S request for equitable distribution of all marital property. COUN'l'BR-CLAIM COUNT 1 - EQUITABLE DISTRIBUTION OF PROPERTY 17. The DEFENDANT incorporates herein, by reference, paragraph No. 14 of the PLAINTIFF'S Complaint and joins in PLAINTIFF'S request for equitable distribution of marital property. page 1 of 3 . , , " COUNT II - ALIMONY AND ALIMONY PENDENTE LITE 18. DEFENDANT requires reasonable eupport and alimony, to adequately maintain herself in accordance with the standard of living eetabliehed during the marriage. 19. The DEFENDANT requests the Court to allow alimony and alimony pendente lite, as it deeme reasonable, pursuant to Sectione 501 and 502 of the Pennsylvania Divorce Act. COUNT III - COUNSEL FEES, COSTS AND EXPENSES 20. DEFENDANT has employed JAMES M. BACH, as counsel, and because of the anticipated protracted litigation expenses and her limited income, she is unable to pay for the expenses of counsel and litigation. 21. The DEFENDANT has engaged the services of counsel on a time basis, by which her attorney charges fees based at a rate of $150.00 per hour. 22. DEFENDANT requests the Court to allow her reasonable counsel fees, costs and expenses pursuant to Section 502 of the Pennsylvania Divorce Act. WHEREFORE, the DEFENDANT, Katharine J. Sherbourne, prays your Honorable Court to: (a) Order equitable distribution of property. Ib) Order alimony and alimony pendente lite, as the Court deems just and reasonable. Page 2 of 3 . . .' . ~ " cl Order payment of couneel feee, costs and expenses ae the Court deems just and reasonable. (dl Order euch other relief ae the Court deems juet and reaeonable. Respectfully submitted, r:;-~ ~ DATE 2-'1.... 9'? J S M. BACH, ESQOIRE A orney I. D. No. 18727 352 South Sporting Hill Road Mechanicsburg, PA 17055 717-737-2033 Page 3 of 3 , ...... LI _ . 1 { " s ~ \ e ~~ '" .... 0 ~ '0' .. ;J~ ~ ,;. <i ~~,~ - - C)s:.: ..... t'r) Cl .- (.)~ $ ~f' ...: 9~ &l t;~ ('oJ . .tn IN ~:':lz '~?5 e\t~ a.' !:~jt ~ F \.1-' 9Q.. u.. ,,~ LL ,p .J 0 CT> (.) ~J,,"l... ... ,. . ,. t I - ----.;......,.......~ ,.,,,.-,,', .'," I~' ., . ~' .... - ...,..-:f'./ .- '. .- ...'..' .,-" ..... . _..~....._... . ,.,' ~ L..:;., . ., , ,. " "'- " '" '" ~ .' , I , ~ . WALTER R. SHERijOURNE PLAIN'1'IFF vs. IN 'l'IIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95 - 6751 Civil Term KATHA~INE J. SHERBOURNE DEFENDANT IN DIVORCE CERTIFICATE OF SERVICE BY MAIL I, JAMES M. BACII, Attorney-at-Law, do hereby certify that I have mailed to the individualls) listed below, a copy of the foregoing ANSWER AND COUNTER-CLAIM by placing a copy of same in the United states Mail, first clase, postage prepaid, on the ~ day of FEBRUARY , 1996, and addreseed as follows: Date 2/9/96 ~ ,,1,A.. A__ ~ _ .-9 BY: 'rT' ~ BS M. BACII A orney 1.0. No. 10727 352 South Sporting lIill Road Mechanicsburg, PA 17055 717-737-2033 JOHN CONNELLY, ESQ. CONNF.LLY, ~EIIl \ SPADE 108-112 WALNUT STREET P.O. BOX 963 HARRISBURG, PA 17108 ir. \D >- C;l ~ i,:~ ~ ~Q - ~J . , - d-' C" - j~ -~ ....; 9~ c: "l ~ (, , ::);~ ' "- N t.: c::l ......Z ;::: Lu ~~ LL. ...': ~ V) :::> C"\ u . > '. " t t . ,.