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HomeMy WebLinkAbout96-05754 . , . . ' ___._~~._~_..*~_~_~_)~:~W~~~___A *'-~'~-~~~-"----'-'--'- --..-..,......,....... ......... .......-..-'-----..j . . . . , 8 . , . , 8 8 . 8 " 8 8 , . . $ . 8 * ~ * . . . . ~ W I:< ~ . * * 8 8 * 8 * 8 8 8 8 * . 8 , 8 8 8 . . 8 . . . 8 8 * . * 8 8 . - ~ 8 . . ; 9:- .' ... .. . -. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '*' PENNA, ALEXANDRA IlENSEL 5754 CIVIL .. II) 96 Nil. \','r..oillS PIlILIP K. IlENSEL III DECREE IN DIVORCE AND NOW, ,. V~. q. .. 19q~.. It Is ordered and decreed that. , . . ~~E~~ND~ IlENSEL. . . . . . . . , . . . . . . . . . .. . ...... plaintiff. and. . .P.Il.I.LIP. .K,., H.~N.S.E.~,. .III ... . . . . . . . . .. . . . . . . , . .. .. . . ... defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which hove been raised of record In this action for which 0 final order has not yet been entered; ., .NONE,.. .T1!EHAIlITi\L .~ETlU:I1I~~T ."CIlEEMENT 1J"TF,l)Ol;TQljl\~ 1~,.lm, I~...... . IN~OIlPOIl"TED UEIlI;JN, BUT NOT MEIlGW. . . " . . , . ./ / n, rt{;u/ ^"l"ll(.;>r'r.i,tl({',~" r. t''t.).:d{" ,t;1,.a...,;s ')ifV;'A ~ _ . t", {)7 ,'/ J' "'"111111101/11")' .1. ~ , S ~ ~ .~._--~----~-~-~-*_. ~ .;t:. .:t:. .:.: .:+:. 1,7 ./~ .tp::> {},,( tbt,l')' ,,*,d:~"; ~ <(..4 ~ li}'/r)7~ ~lt.r', (~I ~ ~ 41/ /j,t~:~~~d! {,l~'f' 44-~ (b~) : .. t' C:\OF F ICE\WPWIN\lNPDOe~ \DOME 6 Tie USA \HEN SE l WPD Oelo"" \8. lea? . MARITAL SETTLE~fENT AGREEM.IDIT THIS AGREEMENT, made this /~tJ'/,--, day of6/(. ue~1997, b~' and between ALE.XA~DRA HENSEL of234 North lith Street, Camp Hill, Cumbel'land County, Pennsylvania, 17011 (hereinafter "\\'1FE") and PHILIP }{. HENSEL of 520 North 3rd Street, \\'ormle~'sburg, Cumberland County, Pennsylvania, 17043 Olereinafter "HUSBA."\D"); WITSESSETH: \\llEREAS, the parties hereto were married on January 21, 19G7, in Camp HUl, Cumbel'land Count)', Pennsylvania; WHEREAS, difficulties have ro1sen between the parties and it is thel'efOl'e their intention to live separate and apal't fOl' the rest of theh' lives and the parties al'e desirous of settling complete the ccollomic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital propel.ty; past, Ill'esent and future support; alimony, alimony pendente lite; and, in general, uny and all other claims and possible claims by one against the other or against their respeetive estates; and Page 1 of 14 , . C:IOFFICEIWPWINIWPOOCSIOOME6TIC M6AIHENSEL \\ F:l October' e. \ PV1 . , . r-iOW THEREFORE, in consideration of the covenants and pl'omises hereinafter to be kept and pelfol111ed by each part~' and intending to be legall~' bound hereby, the pal.ties do hereby agree as follows: 1. ADVICE OF COUNSEL. The pl'ovisions of this agreement and their legal effect have been fully el'qllained to the pal.ties b~' their respective counsel. \\'IF\<~ is represented by Edward J. Weintraub, Esquire, and HUSBA,'\D is represented by DebrA Denison Cantor, Esquire. The parties acknowledge that each has received independent legal advice from counsel of their selection and that they have been fully informed as to their legal lights and obligations, illcluding alll'ights available to them undel' the PennsylvAnia Divorce Code of 1980 and other applicable laws. 2. SUBSEQUENT DIVORCE. An action seeking the dissolution of the mal'dage is pending in the CUlllbedand County Court of Common PleAS and beau docket nUlllber 90.5754 CIVIL. The parties hereto agree that this Divorce Action lIill be finAlized no earlier than November 1, 1997, except upon consent of HUSBAND. Tlus Agnement shall continue in full force and effect after the entry of A Decree in Divol'ce. The terms of this Agreement shall be incorporated, but not merged, into allY Decree in Divorce, The parties agree w execute Affidavits of Consent and Waivers of Notice upon execution of Page 2 of 14 . . C:\OFflCEIWPWINII'IPOOC&\oOME&TIC IMs.t.\HENSEL 1'. FO October I.. 1e57 this agl'eelllent. '111e Affida\its oCConsent and Wah'el'6 oCNotice may be filed with the COUI.t after the ninet)' (90) day waiting pel'iod, but the di\'ol'ce will not be finalized until No\'ember 1, 1997. 3. SE.PARATIO:\l AND NO~I~TEllEIill.E.XC.E It will be lall'f111 for each party at nil times hereafter to Ii\'e separate and apart from the other pal'tr at s\lch place 01' places ns he ai' shomay from time to time choose 01' deem fit. Each pal.ty shall be free from interference, authority aud control, direct or lndh'ect, by the other, as fully [IS ifhe 01' she were single and unmal'l'ied. Neither shall bother the othel' 01' compel 01' endea\'ol' to compel the othel'to cohabit 01' dwell with him 01' hel'. 4. E.E[ECTlVE DATE This Agnement shall be effective on the date above fit'st wtitten if both parties sign on the same date; otherwise, it shall become effective upon the signing by the last pal'ly 10 do so. IS, The parties acknowledge that they are aware of their respective tights pursuant 10 the Pennsylvania Divo~ce Code of 1980 10 obtain formal evaluations and Page 3 of 14 , , C:\OF FICEIWPWINIWPOOCSIOOMESTIC'MSf< \HENSE LV,. 0 October Ie. , ~7 . appraisals and to I'ecei\'e a formal response to intel'l'ogatolies I'egal'ding the values of the assets. However, the pal.ties have determined that they do not \\ish to undel.take this e:\-pense and I'ely on the disclosures made herein fOI.the distribution ofpl'opel.ty. Each party confirms that he or she fully understands the terms, conditions, and provisions of this Agreement and believes them to be fail', just and adequate under the existing facts and circumstances. The JlArties further Agl'ee thnt ench is entering into this Agreement freely and voluntarily and that execution of this Agreement is not the I'esult of any dUI'ess, undue influence, collusion or improper 01' illegal agreement. Attached hereto as E.XHlBlT A is HCSBAND's disc\osuI'e of debts and assets. Attached hereto as E.XHlBIT B is WIFE's disclosure of debts and assets. G. ~ . WIFE and HUSBAND have previously agl'eed to the distribution of all items of persona.l pl'opel.ty. WIFE agl'ees that all such property in the possession of HUSBAND shall be the sole a.nd sepal'ate pl'operty of HUSBAND. HUSBAND agrees that all such property in possession of WIFE shall be the sole and separate property of WIFE, Each of the parties does hereby specifically walve,release and renounce any further claims with I'espect to said items. Notwithstanding the above, the children's rings will be delivered to them directly prior to the execution of this Agreement. WIFE shall receive any proof seta of Page 4 of 14 , . C:\OF FICEIWPWINIWPOOCSIOOMESTle'MSAIHE NSEL WP 0 oc\obtr Ie. \DQ7 . . . coins or other jeweh'Y belonging to hel'selI or the children which cunently remain in HUSBAND's possession. 7. REAL pJl.OPERTY HUSBAND and WIFE acknowledge that the hOllle located at 234 North 17th Sh'ee!, Camp Hill, PA 17011 is marital property to be distributed pursuant to this Agl'eement. The premises has been sold fOl' S 159,000 and was listed through HUSBA.'iD as real estate bl'okel' to be sold without seller's commission. During the pendency of the sale, both pal.ties l'etained the right to access and possessiol\ of the home. At closing on the sale of the premises, which shall occur on Oetober 20, 1997, tlle groSS proceeds shull be utilized and diSh'ibuted as follows: a. First, ull usual selling e}.1Jenses, closing fees and cunent real estate taxes shall be paid and the existing mOI.tgages in fnvor of Nancy and Philip Hensel jointly (approxilllately $34,000) and Conti MOI.tgage Company (approximately $31,000) shall be satisfied D.'om the grosS Pl'oceeds of sale, sufficient funds to satisfy any estimated federal Capital Gains tax liability shull be deducted and each party shulll'eceive a check pa)lment to himlher and the IRS equal to 50% of the estimated liability. ..- Page 5 of 14 . , , C;ioFFICE IWPWINIWPDOCSIOOME S Tie USA~EN6E L WF 0 O~loblr \ e. , fe, . 'The parties agl'ee that theh' potential Capital Oains Tax liability shall ba computed B8 follows: OI'OSS Sale Price $ 189,000.00 (or Actual) Less MOI.tgage8 S (71,000.00) Othcr closing COSt8 S (5,000.00) (01' act ual) Net PI'oeeed! S 113.900.00 Less Acquisition S (00.000.00) Less Impl'0\'clllcnt8 S 00,000.00) Furnace Oil Tank Sun Porch Roof Landscaping Oain S 13.900.00 Tax (at 28%) S 3,802.00 00% each S 1,940.00 In the event that one part~' falls to pay their 50% &ha1'e of the Capital Oains Tax due, that part)' shall indelllnif)' and hold the other harmless and will pay all altOl'lle)'B fees and othcl' reasonable coat8 of collection ft'Otl\ the defaulting party. All other lien. or obligations which must be setlsfied to complete closing shall be paid by HUSBAND. b, Second, from the net \lroceed. $50,000 ahall be paid to WIFE, Page 6 of 14 . . . C:\oFFICEIWPWINIWPOOCSIOOME6TIC'MSAIHENSEL I\FO October I e. I &i7 . ...... I. c. Thh'd, the next $50,000 shall be used to payoff other obligations of the patties in the following ol'der; 1. Any State, Federal 01' Local tax liabilities (not reduced to a lien and satisfied by HrSBA.."JD ullder (a) above. 2. All joint credit card debt. 3. Philip Hensel . un.eclll'ed debt of HUSBA.:'\D to the extent possible. d. Any remaining net proceeds shall be distributed to Ht.:SBA.'lD. HUSBAND is the owner of real property at 520 ~orth 31'd Sh'eet, Wormle)'sburg, Pennsrl\'anla which was purchased post.separation. WIFE hel'eb)' waives any dght, interest or entitlement to said home. Should WIFE purchase additional real property Plior to the finalization of the c!1,'ol'ce, HUSBA.'\D waives any right, interest or entitlement to said property. If the sale of the home does not occur as scheduled due to some action of WIFE, this agreement becomes Ilull and void. 8. srOCK WIFE is the owner often (10) shares of 01'1'8 town Bank stock, having an aggregate value of approximately Three Hundt'ed Sixty and 00/100 Dollars ($360.00), HUSBAND hereby waives any dght, intel'est or entitlement to said stock. - Page 7 of 14 C;\OFFICE\WPWIN\WPOOC~\OOME S Tlews", ',HENSElW FO Odoller IS, lug7 . . . 9. ~ WIFE is the O\\l1er of a Vangual'd IRA account with an apPl'oximate value of Two Thousand Three Hundl'ed Eighty.eight and 00/100 Dollars ($2,388.00). HUSBA..'\D hereby waives any right, interest, 01' entitlement to the IRA, 10. DEBTS A:\O OBLlGATIO:\S HUSBAND represents and warrAnts to WIFE that since the sepRl'Rtlon he has not, and in the future he wilinot, contract 01' incul' any debt 01' liability for which WIFE or her estate might be responsible, And he shall indemnify and save WIFE hal'luIess from any and all claims 01' demands made against her by l'eRSOll of such debts or obligations incul'l'ed by him since the date of said separation, except as othel'wise set forth herein. WIFE l'epresents and WaJ.'l'lUlts to HUSBAND that, since the sepal'atlon she has not, and In the future she will llot, contrRct 01' incUl' any debt ol'liability for which HUSBAND or his estate might be responsible, And she shall indemnify and save HUSBAND harmless from any and all claims 01' demands made against him by reason ofsuch debts or obligations Incurred by her since the date of said separation, except as otherwise set forth herein. After distribution of the Pl'oceeds of the sale of the marital pl'opel'ty as described in paragraph 7, HUSBAND a~rees to assUlne alll'esponsibUity for any remaining ,- Page 8 of 14 C:IOFFICEIWPWINIWPOOCS IOCMUTIC'MIA \liEN IE L \', PO OcIobol I e. Iii? . . nlluital debt, including ts:< liability And debts owed to Dr. Philip Hensel. HUSBAND agrees to indemnify And hold hal'mless WIFE for Any liability thel'eon. 11. S!'OUSAL SU~.l'ORT, ALDIOSY PESDENT~' ANIl ~ The parties hereby exprcHly wAive, rclease, discharge and give up any and alllillhts 01' claims which either mRY now ol'lmcaftel'lllwe for Alimony, alimony pel1dente lite, support 01' mainlenance. The pRrtles fUI.ther releAse any l.jghts that they may have to seek modificatlolls of the terms of this Agreement ill a COU1't oflaw or equh)', with the understanding thut this Agreement eonstitutes a final detet'mination fOl' all time of eithCi' part)"s obligations to contdbute to the support or maintenance oCthe other. From the execution date of this Agl'eement forward, it shall be the sole l'ellponsibility of eAch pal'l)' to sustain himself 01' hel'self without seeking any SuppOl.t from the othel', 12. lliSJ,lRASCE Until such lime all the di,'ol'ce is finalized which the parties expect to be no later than November I, 1997. WIFE hel'eby agl'ees to maintain HUSBAND on her health insurance plan. HUSBAND shall maintain WIFE on his automobile policy until Itl renewal in November of 1997. After Buch tlnte, WIFE shall obtain her own tlutolllobUa poUcy. Within fifteen (15) days of the enh'y of the divorce decree, WIFE Pllge 9 of 14 " C:IOFFICEIWPWINIWPDOCSIDOME STle 'MSA \H E NSEL,\\'P D e>aobtr 1 e. I U87 .., " shall inform her insurance plan of the decree and Pl'ovide them with HUSBAND'S address for the fOl'warding of the necessary COBRA notifications. 13. TAX PlW\'lSIO~S All liabilities arising from federal, state or local income tax l'eturl1S pl'eviousl~' filed jointly by the parties shall be bome by HUSBAND who shall indemnify and hold WIFE hal'mless from any claim or expense Arising out of such retul'll, AllY refund received as a result of filing such return shall belong to Ht;SBAND. The parties hereto acknowledge that each \\il1 immediately forward to the other a copy of any deficiency notice or other cOl'l'espondence l'ecei\'ed by either of them from the Internal Revenue Sel'\ice 01' the Pennsyl\'ania Department of Revenue concel'lling tax years for which a joint l'etul'll has been filed. For tho 1997 tax ~'ear, the pal.ties shall each be entitled to deduct t~ of the intel'est pa~'I11ents for the Conti Mortgage from the malital home for tax purposes, HUSBAND shall be entitled to deduct the interest payments for the first mortgage. 14, ,o\TTORNEY FEES AND COURT COSTS Each pal.ty hel'eby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution from the other party except as otherwise expressly pl'ovided herein. ..~.. Page 10 of 14 C;\OFFlCEIWPWINIWPOOCSIOOMESTIC MSAIHWSEl \', F 0 October Ie, , &if 19. ~ If any terlll, condition. clau&e 01' pI'o\'lsion of this Agreement shall be detennined or declared to be \'old 01' i1l\'l'llid in 1al\' 01' otherwise, then only that tenn, condition, clause 01' pro\'lslon sha)) be micken f!'om this Agreement, and in all other respects this Agreement shall be \'alid Rnd continue in full force, effect and opel'alion. 20. ArJ)LlCAI3LE LAW This Agreement shall be cOllstrued undel,the 1aw8 of the Commonwealth of Penns)'!\'anla. 21. ElS.TI.8EAGR~EMEN'I: This AllTeelllent contains the cnth'e undel'8tandinr of the parties, and thel'e are no repI'esentat1ons, \\'al'I'antlel, co\'enants 01' undel.takings other than those expreuly set fOI.th hel'elll. 22. ~ For I)urposes of eonh'aet interpretation and for the pUl'Pose in resolvinr any ambiKUity hel'ein, the pal.tles afres that this AIP'eoment wssl11'epsred jointly by their re.peeUve allorne)'s. Page 12 of 14 . C:\oFFICEIWPWINIWPOOCJlIDOMESTlC'MSAIHENSELWPO Oclobll , e. , DlI7 . , . . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS. On the 16th day of October, 1997, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared PHILIP K. HENSEL known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and he acknowlcdges the forcgoing instrument to be his free act and deed. IN WITNESS WHEREOF, I ha\'e hCl'cunto set my hand and notarial seal the day and year first above written. 'N al'y Public My Commission Expires: Pago 14 of 14 C;IOFFICEIWPWINIWPDOCSIOOMES TIC'MSI< IHENSEL.\\ PO Oclobtr I e, I elI7 .., EXHIBIT A ASSETS: VALUE: 1987 Van 10 shares of Orrsto\\n Stock Vanguard IRA 51,000.00 360.00 3,000.00 Chase Visa BALAl\CE: $100.00 DEBTS: . . . .. t:\oFFICEIWPWINIWPOOCSIOOMESTICI'oISAIHENSEl \', PO October Ie. '987 . .EXlllIllI.Jl ASSETS: 520 N. 3rd Street Worlllleysburs. P A MARlT AL DEBTS: r-.mNA MasterCard 1994.1995 Taxes Local, State and Federal Philip Hensel BAl.ANCE: 54,889.93 7,125.00 f'- ell " i; ...t ..::/ I~n f " ,\j toj (q " '-. I.' "),.( .~ '. "i::. ltjl\ ~ . 0.,. -':;.1 ., F' ,'J' ,. .Iii' I \~! -, k' ...., . , , I I. , ~'i 1.-' e,J .\.. (j ,-- I C"1 (l k!~lii~ ~t(~~8 iB~I~~ !~a~~ .. " , H."h"lO"II"~ ,,,(I.... ,,,,, DH"lffU o:u""""" M"."."" . ' ... , . . . ALEXANDRA HENSEL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plalnliff v. PHILIP K. HENSEL, III, NO.: 96.5754 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Trensmltthe record, together with the following inforl11alion, to the court for entry of an appropriete divorce decree: 1. Ground for divorce: Irretrleveble breakdown under 1 3301(c) of the Divorce Code. 2. Date and manner of servlC8~ complaint: The Complelnt w81 filed on October 18, 1888, Ind W~I lerved on Defendant, Philip K. en.ar, III.... on Ocotber 22,1896, Ind I certificate of aervlce WII flied wllh the Prothonotary on Octo er 23, 11196. 3. (Complete either peragreph (e) or (b): (a) Dete of execution of the affidavit of conlant ragulr\ld bv & 3301(c) of the Divorce Code: by Plaintiff November 20, 1897; by D.fend.nlN'ovll11ber 20,1897. (111(1) Data 01 eXBOullon of Ihe alflda...ll reqlllred by S nOl(ll) of thl gl....r" Gede: ; (2) Date of-fillnll aAlI leNlao of Iho Plaintiffs afflllavll Ilpan the raspandent: . 4. Related claims pending: There are no economic claim a pending II the dlatrlbutlon of all peraonaland real property haa been aettled by agreement of t"e partl'a. 5. (Complete ellher (a) or (b).) (e) Date and-mBRfl8Hf-eeNlae ef-the-nelloe af InleAllan la lile praealpe la trlA,mll reeerd;+eepy-ol-whlGMHttaol1ed: . (b) Date Plalnlifl', Waiver of Noliee In I 3301(c) Divorce was fII.d with the Prothonotary: Decembor4, 1997. Date Defendant', Waiver of Nollce In I 3301(c) Dlvorca we. flied with the Prolhonotary: Decembar 4, 1997. Respeclfully Submitlad. REAGJR & AD~~R' PC Dale: December4, 1997 By ~ Jl'r7<iY ; f . ~8~U1Re . \lorn yl . No 6637 2331 Markal Street Call1p' Hill, PA 17011-4642 Telephona No. 17171763.1383 A\lorneYI for Defendant ALEXANDRA HENSEL. Plaintiff . . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY. PENNSYLVANIA . : NO. 'f. 5 /5V /tt/l;!,'.'":6~')fl . CIVIL ACTION - LAW · IN DIVORCE VB. PHILIP K. HENSEL, III, Defelldant, NOTICE To DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COUAT. If you wish to defend against the claims set forth In the following pages, you must toke prompt action. You ore warned that If you fall to do so, the case may proceed without you and a decree 01 divorce or annulment may be entered against you by the Court. A judgment may elso be entared against you for any other claim or reliel requested In these papars by the Plalntl". 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 irretrieveble breakdown of the merrlage, you mey request marriage counseling. A list of marriage counselors Is available In the Office of the Prothonotary. Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. 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. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 ALEXANDRA HENSEL, Plaintiff, . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA . . NO. q(, '1' I '1'1 Ck~( J;..- VB. . PHILIP K. HENSEL, III, Defendant. · CIVIL ACTION. LAW · IN DIVORCE AFFIDA vir Alexandra Hensel, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse end I participate In counseling. 2. I understand that the Court maintains a list of marriage counselors In the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate In the counsallng prior to a divorce decree being handed down by the Court. 4. I understand that false statements herein are made subject to the penalties of 1 B Pa, C.S. Section 4904, relating to unsworn falsification to authorities. Date: /(,j~,' /Pti 'I ALEXANDRA HENSEL, Plaintiff . · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA . vs. · NO. h . , ,( , 'I I, t I' I J, ~ PHILIP K. HENSEL. III. Dafendant. · CIVIL ACTION LAW · IN DIVORCE COMPLAINT UNDER 13301 OF THE DIVORCE CODE 1 . Plaintiff Is Alexandra Hensel, who currently resides at 234 North 17th Street, Camp Hili, Cumberland County, Pennsylvania 17011, 2. Defendant Is Philip K. Hensel. 11I/ who currently rasldes at 234 North 17th Streett Cal11p HIII, Cumberlend County. PennsylvanIa 17011. 3. Plaintiff hes been a bona fide resident of the Commonwealth of Pennsylvenla for a period of more than six (6) months Immediately preceding the filing of this Complelnt. 4, The parties were married on January 21/1967/ Calllp HIli, Cumberland County, Pennsylvania, 6. Neither PlaIntiff nor Defendent Is In the military or naval service of the United States or Its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and Its amendments, 6. There has been no prior ectlon for divorce or snnulment instituted by either of the parties In this or any other Jurisdiction. 7. The Plaintiff has been advised that counseling Is uvallabla end that Plaintiff Illay have the right to request that the Court raqulre the parties to participate in counseling. B. Plaintiff avers that there are no minor children of tha parll... , COUNT I. REQUEST FOR A No-FAULT DIVORCE UNDER !i33011cl OF THE DIVORCE CODE 9. The prior peragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties Is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff Intends to file an affidavit consenting to a divorce. Plaintiff believes that Defandant may also file such an affidavit. WHEREFORE, If both Parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this COlllplalnt, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (cl of the Divorce Code. COUNT II. REQUEST FOR A No-FAULT DIVORCE UNDER !i3301(dl OF THE DIVORCE CODE 12, The prior paragraphs of this Complaint are Incorporated herein by reference thereto. 13. The marriage of the Parties Is Irretrievably broken. 14. The parties are living separate and apart and at tha appropriate time, Plaintiff will submit an affidavit alleging that the Parties hava lived separate and apart for at least two years as specified in Section 3301 (d) of the Divorce Code. COUNT III, REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER !i3323, !i3601, !i3602 end !i3603 OF THE DIVORCE CODE 16. The prior paragraphs of this Complaint are Incorporated herein by reference thereto. 1 6. Plaintiff requests the Court to equitably divide, distribute or assign the martial property bet wean the parties without regard to marital misconduct In such proportion as the Court deams just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sactlons 3323, 3601, 3602 and 3603 of tha Divorce Code. COUNT IV, REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE AND HEALTH OF BOTH PARTIES UNDER i3602(d) OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. During the course of the marriage, Defendant has maintained certain health, life and death insurance policies for the benefit of Plaintiff and Defandant. 19. Pursuant to Section 3602(d), Plaintiff requests Defendant be directed to continue maintenance of said policies. WHEREFORE, Plaintiff respectfully requests that, pursuant to Section 3602(d) of the Divorce Code, the Court enter an order diractlng Dafendant to continue to maintain certain life and health Insuranca policlas for the benefit of Plaintiff and Defendant. COUNT V. REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY PENDENTE LITE AND ALIMONY UNDER i3701, i3702 and i3704 OF THE DIVORCE CODE 20. The prior paragraphs of this Complaint are incorporated haraln by reference thereto. 21 . Plaintiff Is unable to sustain herself completely during the course of litigation. 22. Plaintiff lacks sufficient property to provide completely for her reasoneble needs end Is uneble to sustain herself through appropriate employment. 23. Plaintiff requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3704 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter en award of spousal support and/or alimony pendente lite until final hearing and theraupon to enter an order of alimony in her favor pursuant to Sections 3701, 3702 and 3704 of the Divorce code. COUNT VI. REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER 13702 OF THE DIVORCE CODE 24. The prior paragraphs of thla Complaint are Incorporated herein by reference thereto. 26. Plaintiff haa employed Edward J. Weintraub, Eaqulre, to represent her In this matrimonial cause. 26. Plaintiff Is unable to pay hla counsel fees, costs and expenses and Defendant Is more than able to pay them. 27. Defendant Is employed and has the ability to pay Plaintiff's counsel fees, costs Ilnd ellpenses. 28. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that. pursuant to Sections 3702 of the Divorce Code, the Court onter an ordor directing Delendant to pay Plaintiff's ruesonable counsel loes, costs and expenses. COUNT VII. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER '3104 OF THE DIVORCE CODE 39. The prior paragraphs of this Complaint ara incorporated herein by reference thereto. 40. The public polley of the Commonwealth of Pennsylvania encouragas parties to a marital dispute to negotiate a settlement of their differences. 41. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff Is and has always been willing to negotiate a fair end reasoneble settlement of all matters with Defendant. 42. To the extent that a written settlement agreement might be entered Into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agraement be approved by the Court and Incorporated In any divorce decree which may be entered dissolving the marrlaga between the parties. WHEREFORE, If a written settlement agreement Is reached between the Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to ~ 31 04 of the Divorce code, the Court approve and Incorporate such agraement In the flnel divorce decree. Date: IL( , 1 J t ,. Respectfully submitted: / 'j // (",. . BY: (-rtf EDWARD J. WEINTRAUB, ESQUIRE 2660 North Third Street Harrlaburg, PA 17110 17171 238.2200 ID //17441 ATTORNEY FOR PLAINTIFF IN :0- N I.' l' ~ (l~ t;\ :r. .3 ~ ; "~l~ . -I'J ~' t ,.,:11 Cl"~ ;l. ~ tr. 'j ~ ~~ \\' \ ~ ,();\) \~ L: "3 '3 ~ ~ \r) \. \A , ~ ~ ~s f\~ ~~ ~\ '" iT. f". G .~ ...:l I'" .. .. t,lJ ~:~ N '.... U,' \ ' h. " rn; . - '0.. ':1), (-) , ,"t' 0 , ,II I . ~. I'J, 0 , . .. I j:! ~ lJ ~iL ~. , I.'. r- ,I u (:J' u ~~w! ItcE~8 .~Ig~ !~a~g '. , ' . , . CNJFFICE1WPWINIWPOOCSIOOMESTlCIAFFIOfl VIIHFNSEL WPD Octoblf 18, Ill1l7 PlslntllT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA ALEXANDRA HENSEL, v. NO.: 96.5754 CIVIL TERM CIVIL ACTION. LAW IN DIVORCE PHILIP K. HENSEL, 111, Defendant AFI1IDA "IT OJ1 CONSENT 1. 18,1996. A Complaint in divorce under section 3301(c) of the Divorce Code was flied on October 2. The maniage orPlalntilTand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of flIing and service or the Complaint. 3, I consent to the entry of a Iinal dccree of divorce aftcr service of notice ofintentlon to request entry ofthe decree. 4. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses ifJ do not claim lhem bcfore a divorce is granted. I veritY thai the statements made In lhis nt11davil are lrue and correct. I understand that false statements herein are made subject to the penalties of 181Ia,C.S, ~ 4904 relallng to unsworn falsiflcation to authorities, ,._~ 4( ~lIl;P K~He~{el. III S Dated: / ( (..X' I{; 7 i;: j:~; ~'F fFi) Cir c- (il, Ill, G::" I': L f". ..:I (\J . C !!) " . ( ,,,. >:: ,. :1 l~ :", 'u -.. I") 'c,: ."i~1 '-\}a.. ~~j (J I c.: '..II L..J 1;'; ~~ , I~ il ilfii~ . r .- I " ,t WIlHI,"lO"II,"'UI,., d .t." ONfMU o:UWMlt MJI1U'it-1W .. ...,......... -- ~---, O:\OFFICE\WPWI~\WPDOC8\OOMESTIC\FORMJI\Wf\IVERNOT ClcltobIw 18. I llIl1 ALEXANDRA HENSEL, Plaintiff IN THE COURT QF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 96-5754 CIVIL TERM CIVIL ACTION. LAW IN DIVORCE PHILIP K. HENSel, III, Defendant WAIVER OF NOTlP: QI/INTENTION TO ItEO\lEST ENTRY OF A DIVORCE DECREE UNDER SECTION JJOICCI OF TilE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concemlng alimony, division of property, lawyer's fees or expenses if! do nol 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 itnll1edlately aOer it Is filed with the Prothonotary. I verifY that the statements made in this al11davit are true and correct. I understand that false statements herein arc made subject to the penalties of 18 Jla.C.S, 94904 relating to un swam Illlslncatlon to authorities. ,,~~ ~~J'\ ' 11 Ip R. ense , Daled: II /1:1,/.77 ~ I'. [I' l~ ..-~ -" I'> .. . Ii J!~} l"J ~~ 1 . ( 'I, _ r' ~- ; ,', .;.-. ~. ;(' .1. " .J.. ell ! i ,-_I (!' ~, 4~ I {;:', r. ; :J ,. "\'rtj (' I ...., ::.!u. l'. l"- ., (;J U\ d ~~w~ ~t(~~8 "Ira !'Ca~ . Hll"I"'U)"I"''''''I''''''''lf' OtuWw o:uWlt tw'onliU.-Hw -, I' It 'll.~"'% , " . ALEXANDRA HENSEL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 96.6764 CIVIL TERM v. CIVIL ACTION.. LAW PHILIP K. HENSEL, III, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint In Divorce under Section 3301 (c) of the Dlvorca Coda was filed on Octobar 18, 1996. 2. The marriage of Plaintiff and Defendant Is Irretrievably broken and ninety (901 days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of e final decree In divorce after service of notice of Intention to request entry of the decree. I verify that the statements made In this affidavit are true and correct. I understand that false statements herein ere made subject to the penalties of 1 B Pe.C.S. Section 4904 relating to unsworn falsification to authorities, Date: // /;1(,)' 7 j J I I,,,-r- /- t_t"~_. ....:'~..-.L-/ Alal<a (jra Hensel '- f-o 6; >- -, ..:I {.. I..:' ? li.tt.""'I .. ('J ,.f () " f-' ' ~c .... l'f I.".j ~ ~F ~ ;J -. . ~ \ I) t1j' , I <,'f':: iE', c, '1iil .f I.! f L..l LlJU... " ~ >or! 1..) ::.J l..J ~~w! ~tcE~8 .~I~~ !~a~g .. ..0 . .. I ,_ .. ....u.. J.OII"I'11"1," '" ttue OHIWO' o,..\WlI 'MII11'.i"'" . .. '. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 96-6764 CIVIL TERM ALEXANDRA HENSEL, v, CIVIL ACTION -- LAW PHILIP K, HENSEL, III, Defandant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301101 OF THE DIVORCE CODE 1. I consant to the entry of a final decree of dlvoroe without notloe, 2. I understand that I may lose rlght8 concerning alimony, division of property, lawyer's fees or expenses If I do not claim them before a dlvorco 18 granted. 3. I understand that I will not be divorced until a divorce dacree 18 entered by the Court and that a oopy of the decree will be sent to ma Immedletely aftar It Is flied with tha prothonotary, I verify that tho statements made In this affidavit ere true and correot, understand that false statements heroin are made subject to the ponaltlas of 1 B Pe,C,S, Section 4904 relating to un8worn falsification to authorities. Date: II)' ,I,,) , j / ,/ / I ~/ tJit.. i _t'. .-' ,~ ' . L/~ J~../..,. ' ,'- _, Ahtl<ap~r. Hanlal 1,..,1" ~. ! ,. .. ALEXANDRA HENSEL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 96.6764 CIVIL TERM v. CIVIL ACTION .. LAW PHILIP K, HENSEL, III, Defandant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this ,,J:J,,Jd day of It, khi, J , 1996, I, Joanne M. Bennett, herebytertlfy that I heve this day served a copy of e Complaint for Divorce, . . by maIling salJle by first class mall, postege prepeld, addressed as follows: , I , , , , ,.-' i I Philip K. Hensel, III 234 North 17th Street Camp Hili, PA 17011 \.",J~.J/l'-"KI .J,.,/, ~,~., JJoanne M. Bennett l 'S ?;; .. ~'~~ 1~ -:: ':~~ ',' 0.. '''l~ ~' .- . .~ ' M ' "', C'l ) tl. 'I (.I' \:i'1 ~$aO 4 , " . '..'"