HomeMy WebLinkAbout99-045991
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IN THE COURT OF COMMON PLEAS
JEFFREY S. SENSENIG.
Plaintiff
VERSUS
MICHELLE L. SENSENIG,
Defendant
No. 99-4599 CIVIL TERM
DECREE IN
DIVORCE
AND NOW, MCbU /L 2.e60 , IT IS ORDERED AND
DECREED THAT Jeffrey S. Sensenie , PLAINTIFF,
AND Michelle L. Sensenie -,DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF' RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The parties' Separation and Property Settlement Agreement, dated
February 18, 2000, is incorporated herein, but not merged.
BY THE COURT: /
,V
ATT T: J.
PROTHONOTARY
OF CUMBERLAND COUNTY
STATE OF PENNA.
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THIS AGREEMENT, made this /00 day of Awo raj , 2000, by and
between JEFFREY S. SENSENIG, of 1325 North West Street, Carlisle, Cumberland County,
Pennsylvania, 17013, party of the first part, hereinafter referred to as "Husband",
AND
MICHELLE L. SENSENIG, of P.O. Box 974, Carlisle, Cumberland County,
Pennsylvania, 17013, party of the second part, hereinafter referred to as "Wife",
WITNESSETH:
WHEREAS, Husband and Wife were married on October 17, 1992, in Cumberland
County, Pennsylvania; and
WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and
have been so for at least the past six months; and
WHEREAS, certain differences have arisen between the parties hereto which have made
them desirous of living separate and apart from one another; and
WHEREAS, Husband and Wife desire to settle and determine certain of their marital
rights and obligations, and make an equitable distribution of their marital property, determine
their rights to alimony and support and any other matters which may be considered under the
Divorce Code; and
WHEREAS, it is the intention and purpose of this Agreement to set forth the respective
rights and duties of the parties while they continue to live apart from each other and to settle all
financial and property rights between them; and
WHEREAS, the parties hereto have mutually entered into an agreement for the division
of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the
resolution of their mutual differences, after both have had full and ample opportunity to consult
with attorneys of their respective choice, the parties now wish to have that agreement reduced to
writing.
NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be
kept promises set forth hereinafter and for other good and valuable consideration, and intending
to be legally bound and to legally bind their heirs, successors, assigns, and personal
representatives, do hereby covenant, promise and agree as follows:
1.1
It shall be lawful for Husband and Wife at all times hereafter 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, direct or indirect, by each other.
Neither party shall molest the other or compel 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 of the causes
leading to them living separate and apart.
2.1
This Agreement is not predicated on divorce. It is specifically understood and agreed by
and between the parties hereto that each of the said parties does hereby warrant and represent to
the other that the execution and delivery of this Agreement is not predicated upon nor made
subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-
defense of any action for divorce; provided, however, that nothing contained in this Agreement
shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting
any action or actions for divorce, either absolute or otherwise, upon just, legal and proper
grounds; not to prevent either party from defending any such action which has been, may, or
shall be instituted by the other party, or from making any just or proper defense thereto. It is
warranted, covenanted, and represented by Husband and Wife, each to the other, that this
Agreement is lawful and enforceable and this warranty, covenant, and representation is made for
the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and
Wife each knowingly and understandingly hereby waive any and all possible claims that this
Agreement is, for any reason, illegal, or for any reason whatsoever of public policy,
unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and
agree that, in any possible event, he and she are and shall forever be estopped from asserting any
illegality or unenforceability as to all or any part of this Agreement.
2,2
The parties hereby acknowledge that Husband has filed a Complaint in Divorce in
Cumberland County to docket number 99-4599, claiming that the marriage is irretrievably
broken under the no-fault, mutual consent provision of Section 3301(c) of the Pennsylvania
Domestic Relations Code. The parties hereby express their agreement that the marriage is
irretrievably broken and express their intent to execute any and all affidavits or other documents
necessary for the parties to obtain a divorce pursuant to Section 3301(c) of the Domestic
Relations Code.
2,3
It is further specifically understood and agreed that the provisions of this Agreement
relating to the equitable distribution of property of the parties are accepted by each party as a
final settlement for all purposes whatsoever. Should either of the parties obtain a decree,
judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the
parties to this Agreement hereby consents and agrees that this Agreement and all its covenants
shall not be affected in any way by any such separation and divorce.
l
2.4
This Agreement shall survive any decree in divorce and shall be forever binding and
conclusive on the parties. It is understood by and between the parties that this Agreement shall
be incorporated into any decree in divorce or separation, but it shall not be deemed merged into
such decree.
3.1
The parties have attempted to divide their marital property in a manner which conforms
to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following
considerations: the length of the marriage; the prior marriages of the parties; the age, health,
station, amount and sources of income, vocational skills, employability; estate, liabilities, and
needs for each of the parties; the contribution of one party to the education, training or increased
earning power to the other party; the opportunity of each party for future acquisition of capital
assets and income; the sources of income of both parties, including but not limited to medical,
retirement, insurance or other benefits; the contribution or dissipation of each party in the
acquisition, preservation, depreciation, or appreciation of marital property, including the
contribution of a party as a homemaker; the value of the property set apart to each party; the
standard of living of the parties established during their marriage; the economic circumstances of
each party, including federal, state and local tax ramifications at the time of the division of the
property is to become effective; and whether the parties will be serving as the custodian of any
dependent minor children.
3.2
The division of existing marital property is not intended by the parties to constitute in any
way a sale or exchange of assets and the division is being effected without the introduction of
outside funds or other property not constituting marital property. The division of property under
this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties.
3.3
Personal E=m% The parties acknowledge that they have divided their personal
property, tangible and intangible, to their mutual satisfaction. The parties further acknowledge
that they have the cash, accounts, or other tangible and intangible property in their possession
that they wish to have and neither will make any claim whatsoever against the other party for
any other items of personal property or assets in the other party's possession.
3.4
1L,jfe Insurance. Wife agrees that Husband shall have sole ownership and possession of
any life insurance policies owned by Husband. Husband shall have the right to borrow against,
cash in policies, change beneficiaries, and exercise any other incidents of ownership of his
policies free of any right or claim by Wife. Wife agrees to sign any documents necessary to
waive, relinquish, or transfer any rights on such policies to Husband.
Husband agrees that Wife shall have sole ownership and possession of any life insurance
policies owned by Wife. Wife shall have the right to borrow against, cash in policies,
change beneficiaries, and exercise any other incidents of ownership of her policies free of any
right or claim by Husband. Husband agrees to sign any documents necessary to waive,
relinquish, or transfer any rights on such policies to Wife.
3.5
. b,s gnenap Acquired Proner?rv Husband and Wife agree to waive and relinquish any
and all right that he or she may now have or hereafter acquire in any real or tangible personal
property subsequently acquired by the other party. Husband and Wife specifically agree to
waive and relinquish any right in such property that may arise as a result of the marriage
relationship.
3.6
Rea! . tat - The parties are the joint owners of real estate located at 131 I
Street, Carlisle, Cumberland County, Pennsylvania. This property is encumbered with a
mortgage due and owing to PNC Bank, or its successors, with account number 0000087499.
This property is further encumbered by a home equity loan due and owing to PNC Bank, or its
successors, with account number 4001008012221366.
Husband shall execute a general warranty, fee simple Deed conveying all of his right,
title and interest in the aforesaid real estate to Wife within fifteen (15) days of being presented
with the Deed, to be prepared by counsel for Wife. That Deed, which shall be appropriately
signed, witnessed and notarized, shall then be held in escrow by counsel for Husband until such
time as Wife has refinanced the aforementioned jointly held mortgage and home equity loan.
Wife must file for refinancing of the aforesaid mortgage and home equity loan within thirty (30)
days of execution of this Agreement by both parties. In the event that her refinancing is not
approved, she must reapply for refinancing with an appropriate financial institution within thirty
(30) days of the date of notice of the first rejection of financing.
Pending the aforesaid refinancing, Wife shall be solely and exclusively responsible for
repayment of any and all amounts due and owing to PNC Bank, or its successors, relative to the
aforementioned mortgage and home equity loan. Upon confirmation that Wife has refinanced
the aforesaid mortgage and home equity loan, counsel for Husband is authorized and directed to
provide counsel for Wife with the original signed, witnessed and notarized Deed conveying
Husband's interest in the property to Wife in order to record the Deed contemporaneously with
the related refinancing documents.
Wife shall then pay to Husband, within 30 days of refinancing, the sum of FIVE
THOUSAND and 00/700 ($5,000.00) DOLLARS to compensate him for his interest in the
aforesaid real estate. Upon payment by Wife of the $5,000.00 and upon exchange of the Deed as
hereinbefore described, neither party shall have any additional claims of any nature whatsoever
against the other party relative to any legal or equitable aspects of their ownership of or interest
in the aforesaid real estate. Husband shall thereafter make no additional claims of any nature
whatsoever, legal or equitable, to the ownership of the property and Husband shall make no
claim for any type of reimbursement from Wife or any aspect of ownership of the real estate.
In the event that Wife is unable to refinance the jointly held mortgage and home equity
loan by March 31, 2000, the property shall be sold and Husband shall be paid $5,000.00 from the
sale of the property. In the event the property must be sold, the parties shall list the property
with a reputable realtor to be agreed upon by the parties. The parties further agree that they will
secure and follow the advice of the realtor with regard to the listing price for the property and
relative to any offers for purchase of the real estate.
3.7
Pension. Retirement. Prat-Shariae. Neither party shall make any claim of any nature
whatsoever concerning any insurance benefits, retirement benefits, profit-sharing accounts or
other similar accounts or benefits available to or accrued to either party.
3.8
Vehicles. The parties acknowledge that they have two vehicles which are owned in
their joint names, including a 1996 Ford truck and a 1996 Subaru Legacy. Husband presently
has sole possession of the 1996 Ford truck and he shall retain sole and exclusive ownership and
possession of the aforesaid vehicle. Wife will execute any and all documents necessary to
waive, relinquish and transfer any and all of her right, title and interest in the aforesaid vehicle
within fifteen (15) days of being requested to do so by Husband or Husband's representative.
Husband will assume the PSECU truck loan and shall indemnify and save harmless Wife from
any and all claims or demands made against her by reason of that debt. Husband shall remove
Wife's name from the debt associated with the 1996 Ford truck within thirty (30) days of
execution of this Agreement by both parties.
Wife presently has sole possession of the parties' 1996 Subaru Legacy and she shall
retain sole and exclusive ownership and possession of the aforesaid vehicle. The Subaru is
encumbered by a car loan due and owing to York Bank with account number 00-0000-0011-
0526. Wife is solely responsible for repayment of any and all amounts due and owing to York
Bank under this car loan and shall indemnify and save harmless Husband from any and all
claims or demands made against him by reason of that debt. Wife shall remove Husband's name
from the debt to York Bank within thirty (30) days of execution of this Agreement by both
parties.
The parties acknowledge that Husband owns, in his sole name, 1988 BMW which was
pre-marital and for which Husband shall retain sole and exclusive ownership and possession.
The parties further acknowledge that Husband owns a motorcycle in his sole name, for which he
shall retain sole and exclusive ownership and possession. The BMW is encumbered by a loan
due and owing to PSECU with account number 0180624605. This encumbrance shall be the
sole and exclusive responsibility of Husband and lie shall indemnify and save harmless Wife
from any and all claims or demands made against her by reason of that debt. Husband shall
remove Wife's name from this encumbrance within thirty (30) days of the execution of this
Agreement by both parties.
3.9
Intangible Personal Prooedy, Husband shall retain the parties' mutual funds held by
Kemper Funds with account members 18-89732912-7 and 03-89732908-8.
The parties acknowledge that, except as set forth above, they have previously transferred
or waived rights or otherwise transferred their ownership interest in all intangible personal
property such that all the intangible personal property that presently exists including their
various bank accounts, credit union accounts and the like have already been distributed to their
mutual satisfaction. Neither party will make any claim of any nature whatsoever against the
other relative to the financial accounts or other investments or intangible personal property that
have already been retained by that party as described herein.
ARTICLE- IV
ALIMONY. AL.IMONI PENDENTE 1, IT
SPOUSAL. SUPPORT. CHID PPORT AND MAINT .NAN >
4.1
Wife shall pay the sum of T{VENTY--TWO THOUSAND and 00/100 ($22,000.00)
DOLLARS to Husband as follows: Wife shall pay the sum of SIXTEEN THOUSAND and
00/100 ($16,000.00) DOLLARS to Husband within sixty (60) days of refinancing and settlement
of the parties' marital real estate, as set forth in paragraph 3.6. Wife shall pay the remaining SIX
THOUSAND and 00/100 ($6,000.00) DOLLARS to Husband on or before December 31, 2002.
4.2
The parties herein acknowledge that except as provided in paragraph 4.1, relative to
alimony, alimony pendente lite, spousal support, child support and maintenance, they have each
secured and maintain a substantial and adequate fund with which to provide themselves
sufficient resources to provide for their own comfort, maintenance and support in the station of
life in which they are accustom.
5.1
Each party represents to the other that, except as otherwise specifically set forth in this
Agreement, there are no major outstanding obligations of the parties; that since the separation
neither party has contracted for any debts for which the other will be responsible; and each party
indemnifies and holds harmless the other for all obligations separately incurred or assumed
under this Agreement.
5.2
Csr t Card D& Wife agrees to be solely responsible for the following credit card
debt: Chase MasterCard, Allfirst Legacy Success, PSECU Visa, The Home Depot, Optima line
of credit, The Bon-Ton, Agway, American Express, PNC line of credit, and PSECU Credit loan.
5.3
.S_rudear .man Wife agrees to be solely responsible for her student loan with the
Pennsylvania Higher Education Assistance Agency, Student Loan Servicing Center, account
number 180-62-4605.
6.1
1s°me- T-- j, The parties will file a joint income tax return for the year 1999 and,
in the event that they receive a refund, that refund will be divided as follows: Husband will
receive one-half of the value of the income tax return plus an additional $500.00, Wife will
receive the remainder of the income tax return.
6.2
Advice q f o •nc ! The provisions of this Agreement and their legal effect have been
fully explained to the parties by their respective counsel. The parties acknowledge that they
have either received independent legal advice from counsel of their own selection, that they fully
understand the facts and have been fully informed as to their legal rights and obligations, or
otherwise understand those legal rights and obligations. They acknowledge and accept that this
Agreement is, under the circumstances, fair an equitable, that it is being entered into freely and
voluntarily, after having received such advice and with such knowledge that execution of this
Agreement is not the result of any duress or undue influence, and further that it is not the result
of any collusion or improper or illegal agreement or agreements.
6.3
Counsel fees, Wife will pay Husband's attorney's fees, not in excess of $1,500.00. Wife
shall pay the counsel fees on or before June 1, 2000.
6.4
Harassment C/rarees. Wife shall make every effort, within her power, to have all
charges against Husband dropped.
6.5
Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim,
and forever discharge the other and the estate of such other, for all times to come and for all
purposes whatsoever, of and from any and all right, 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, of whatever nature and wheresoever situate, which he or she now has or at
any time hereafter may have against such other, the estate of such other, or any part thereof,
whether arising out of any former acts, contracts, engagements, or liabilities of such other as 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 testamentary,
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 of the
United States, or (c) any other country, or any rights which either party may have or at any time
hereafter have for past, present, or future support or maintenance, alimony, alimony pendente
lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or
otherwise, 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 thereof. It is the
intention of Husband and Wife to give to each other by execution of this Agreement a full,
complete, and general release with respect to any and all property of any kind or nature, real or
personal, not 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 thereof.
6.6
Warranties. Each party represents that they have not heretofore incurred or contracted
for any debt or liability or obligation for which the estate of the other party may be responsible
or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or
hold the other party harmless from and against any and all such debts, liabilities or obligations of
every kind, including those for necessities, except for the obligations arising out of this
Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now
and at all times hereafter, save harmless and keep the other indemnified from all debts, charges,
and liabilities incurred by the other after the execution date of this Agreement, except as is
otherwise specifically provided for by the terms of this Agreement and that neither of them
hereafter incur any liability whatsoever for which the estate of the other may be liable.
6.7
No waiver or modification of any of the terms of this Agreement shall be valid unless in
writing and signed by both parties and no waiver of any breach hereof or default hereunder shall
be deemed a waiver of any subsequent default of the same or similar nature.
6.8
Husband and Wife covenant and agree that they will forthwith execute any and all
written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as
may be necessary or desirable for the proper implementation of this Agreement, and as their
respective counsel shall mutually agree should be so executed in order to carry out fully and
effectively the terms of this Agreement.
6.9
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania which are in effect as of the date of the execution of this Agreement.
6.10
This Agreement shall be binding and shall inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and assigns.
6.11
This Agreement constitutes the entire understanding of the parties and supersedes any
and all prior agreements and negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
6.12
Severabili% If any term, condition, clause, section, or provision of this Agreement shall
be determined or declared to be void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this Agreement, and in all other respects,
this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the
failure of any party to meet his or her obligation under any one or more of the articles and
sections herein shall in no way void or alter the remaining obligations of the parties.
6.13
Disclosure. The parties each warrant and represent 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 party
has an interest, of the sources, and amount of the income of such party of every type whatsoever,
and all other facts relating to the subject matter of this Agreement.
6.14
Fnforceabft and Consideration. This Agreement shall survive any action for divorce
and decree of divorce and shall forever be binding and conclusive on the parties; and any
independent action may be brought, either at law or in equity, to enforce the terms of the
Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The
consideration for this contract and agreement is the mutual benefits to be obtained by both of the
parties hereto and the covenants and agreements of each of the parties to the other. The
adequacy of the consideration for all agreements herein contained is stipulated, confessed, and
admitted by the parties, and the parties intend to be legally bound hereby.
In the event either party breaches the aforesaid Agreement and it is determined through
appropriate legal action that the alleged party has so beached the Agreement, the breaching party
shall be responsible for any and all attorney's fees as well as costs and expenses associated with
litigation incurred by the non-breaching party to enforce this Agreement against the breaching
party. In the event of breach, the non-breaching party shall have the right, at his or her
election, to sue for damages for such breach or to seek such other and additional remedies as
may be available to him or her including equitable enforcement of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
WITNESSED BY:
CZ7
JEF S S NSENIG
MICHELLE L. SENSENIG
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
On this the ?--'
day of 2000, before me, the undersigned
officer, personally appeared JEFFREYS. SENSENIG known to me (or satisfactorily proven) to
be the person whose name is subscribed to the within Agreement and acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYL VANIA
COUNTY OF CUMBERLAND
On this the day of
, 2000, before me, the undersigned
officer, personally appeared MICHELLE L. SENSENIG, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within Agreement and acknowledged
that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
i
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Robin J. Carlisle 9o
CoUnty
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JEFFREY S. SENSENIG,
Plaintiff
vs.
MICHELLE L. SENSENIG,
Defendant
To the Prothonotary:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4599 CIVIL TERM
IN DIVORCE
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)
2. Date and manner of service of the Complaint: By certified mail, restricted delivery,
return receipt requested on August 5, 1999.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by §3301 (c) of the
Divorce Code:
by plaintiff: February 28, 2000 by defendant: February 18, 2000
(b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce
Code: N/A
(2) Date of filing and service of the plaintiffs affidavit upon the respondent:
N/A
4. Related claims pending: None
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 of plaintiffs Waiver of Notice in §3301 (c) Divorce was filed with the
Prothonotary: Signed: February 28, 2000 Filed: March 2, 2000
Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the
Prothonotary: Signed: February 18, 2000 Filed: February24,2000
K ristel ddard 196nsen, Esquire
Attorney for Plaintiff
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JEFFREY S. SENSENIG,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION -LAW
NO. elm
MICHELLE L. SENSENIG, q?-45gg al,aTerrn
Defendant : IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the
case will proceed without you and a decree of divorce or annulment may be entered against
you for any claim or relief requested in these papers by the Plaintiff. You may lose money or
property or other rights important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available in
the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland
County, Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THS RIGHT TO CLAIM ANY OF
THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Two Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
JEFFREY S. SENSENIG,
Plaintiff
V.
MICHELLE L. SENSENIG,
Defendant
ca
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. Qltl X199
-'?5q9 G.CJTrrn
IN DIVORCE
IN DIVORCE
iuu
L Plaintiff is Jeffrey S. Scnsenig, an adult individual currently residing at 131 1
Street, Carlisle, Cumberland County, Pennsylvania.
2. Defendant is Michelle L. Scnsenig, an adult individual whose current
residential address is unknown but whose last known mailing address is P.O. Box 974,
Carlisle, Cumberland County, Pennsylvania.
3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has
been so for at least six months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on October 17, 1992, in Carlisle,
Cumberland County, Pennsylvania.
5. There have been no other prior actions for divorce or annulment between the
parties.
6. Neither the Plaintiff nor the Defendant are members of the United States
Armed Forces or its Allies.
7. Plaintiff has been advised of the availability of counseling and the right to
request that the Court require the parties to participate in counseling. Knowing this, Plaintiff
does not desire that the Court require the parties to participate in counseling.
8. Plaintiff and Defendant are citizens of the United States of America.
9. The parties' marriage is irretrievably broken.
10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety
(90) days from the date of the filing of this Complaint, consent to this divorce.
WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to
23 P.S. Section 3301 (c) of the Domestic Relations Code.
I I. Paragraphs l through 10 are incorporated herein by reference as if set forth in
their full text.
12. Defendant has committed such indignities upon the person of the Plaintiff, the
innocent and injured spouse, as to make his condition intolerable and life burdensome.
WHEREFORE, Plaintiff requests your Honorable Count to enter a divorce pursuant to
23 P.S. Section 3301 (a) (6) of the Domestic Relations Code.
13. Paragraphs I through 12 are incorporated herein by reference as if set forth in
their full text.
14. Defendant has committed adultery by having sexual relations with a male
individual not her husband, contrary to her wedding vows. The Plaintiff is the innocent and
injured spouse.
WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to
23 P.S. Section 3301 (a) (2) of the Domestic Relations Code.
15. Paragraphs I through 14 are incorporated herein by reference as if set forth in
their full text.
16. Although employed, Plaintiff is unable to provide for, or afford his counsel
fees, expenses and costs during the pendency of this divorce action, and through its
resolution.
17. Defendant is presently employed and receiving a substantial income and
benefits and is able to pay for counsel fees, expenses, and costs, as well as alimony, and
alimony pendente lite for the Plaintiff.
WHEREFORE, Plaintiff requests your Honorable Court to enter an Order of Court
requiring Defendant to pay counsel fees, expenses, and costs as well as providing for payment
of appropriate alimony and alimony pendente lite to Plaintiff.
Respectfully submitted,
GRIFFIE & ASSOCIATES
Kristen Godda onsen, Esquire
Attorney for Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
I verify that the statements made in the foregoing Complaint are true and correct. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section
4904 relating to unsworn falsification to authorities.
DATE / /,
4FF-*?SENIG, Plaintiff
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Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION -LAW
NO. 99-4599 CIVIL TERM
MICHELLE L. SENSENIG,
Defendant IN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this day of .j A 1999, comes Kristen Goddard Donsen,
Esquire, attorney for Plaintiff, Jeffrey S. Scnsenig, and states that the Defendant,
Michelle L. Sensenig, was served with a true and attested copy of the Complaint in
Divorce by certified mail, restricted delivery on August 5, 1999.
Respectfully submitted,
GRIFFIE & ASSOCIATES
Kristen Goddard Do sen, Esquire
Attorney for Plaintiff
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
Sworn and subscribed
to this /9day of
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Notary P,t c
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J. Goshorn. Notary Public
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lisle Boro, Cumberland county
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JEFFREY S. SENSENIG, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
MICHELLE L. SENSENIG,
Defendant
: CIVIL ACTION - LAW
NO. 99 - 4599 CIVIL TERM
IN DIVORCE
I. A. Complaint in Divorce under §3301 (c) of the Divorce Code was filed on July
30, 1999.
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 VERITY 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: J'0 0- ?lZy
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Plaintiff
V.
MICHELLE L. SENSENIG,
Defendant
IN IHt CUUKI Utz CUMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99 - 4599 CIVIL TERM
IN DIVORCE
WAIVER ON NOTICE OF I NTENTION TOR QUEST
THE ENTRY OF A
UNDER §3301(c) OF T DIVORCE DECREE
HE DIVORCE CODE
1. 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. 1 understand that I will not be divorce 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 files 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: a a ¢l -dyr /
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JEFFREY S. SENSENIG, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
VS.
NUMBER: 99-4599 CIVIL TERM
MICHELLE L. SENSENIG,
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code
was filed on July 30, 1999.
2. The marriage of plaintiff and defendant is irretrievably broken and
ninety days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of
notice of intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of
18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
DATE: , ?;/g l%(i
k0l 64
MI HELLE L. SENSENIG,
DEFENDANT
SWORN TO AND SUBSCRIBED
BEFORE M THIS r
DAY OF r 2000.
TARY IJ 3LIC
V MY COMMISSION EXPIRES:
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lnauressoH WIRES JANCO N.. 2).?zaot
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JEFFREY S. SENSENIG, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
vs.
NUMBER: 99-4599 CIVIL TERM
MICHELLE L. SENSENIG,
Defendant IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 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. Section 4904 relating to unsworn falsification to authorities.
DATE: 144)
MICHELLE L. SENSENIG,
DEFENDANT ??
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
JEFFREY S. SENSENIG ) Docket Number 99-4599 CIVIL
Plaintiff )
VS. ) PACSES Case Number 467101378
MICHELLE L. SENSENIO )
Defendant ) Other State ID Number DR 28884
ORDER
AND NOW, to wit on this 11TH DAY OF OCTOBER, 1999 IT IS HEREBY
ORDERED that the Q Complaint for Support or Q Petition to Modify or ® Other
PETITIION FOR APL filed on August 8, 1999, in the above captioned
matter is dismissed without prejudice due to:
the defendant in this action is paying the bulk of the marital debt.
Q The Complaint or Petition may be reinstated upon written application of the petitioner, if
filed within one year from date hereof.
BY THE COURT:
Edgar B. Bayley, JUDGE
DRO: Melissa S. Heckard
CC: Plaintiff
CC: Defendant
CC: Kristen Goddard Donsen, ESQ.
CC: Charles Petrie, ESQ.
ppo tn,,:s d \1o?'v toli4l"i9
Form OE-506
Service Type M Worker ID 21105
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JEFFREY S. SENSENIG, IN THE COURT OF COMMON PLEAS OF
PlaintilUPctitioner CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - DIVORCE
NO, 99 - 4599 CIVIL TERM
MICHELLE L. SENSENIG, IN DIVORCE
Defendant/Respondent DR# 28,884
Paeses# 467181378
ORDER OF COURT
AND NOW, this 8°' day of September, 1999, upon consideration of the attached Petition for
Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective
counsel appear before R.J. Shaddav on September 29. 1999 at 10.30 A.M. for a conference, at 13 N.
Hanover St., Carlisle, PA 17013, aflet which the conference officer may recommend that an Order for
Alimony Pendente Lite be entered.
YOU are further ordered to bring to the conference:
(I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by Rule
1910AIV
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
IF you fail to appear for the conference or bring the required documents. the Court may issue a
warrant for your arrest.
BY THE COURT,
George E. Hoffer. President Judge
Mail copies on Petitioner
9-8-99 to: < Respondent
Kristen Goddard Donsen, Esq.
Charles Petrie, Esq.
Dale of Order: Scotcmber 8. 1999
Melissa Heckard. Conference Officer
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. 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 MAY GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE.
CARLISLE, PENNSYLVANIA 17013
(717)249-3166
C?.';. 1:
-0*1N
JEFFREY S. SENSENIG,
Plaintiff/Petitioner
v.
n
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
MICHELLE L. SENSENIG, : NO. CIVIL TERM
Defendant/Respondent : DR#
: PACSES#
PETITION FOR ALIMONY PFNDFNTF PITS
INTERIM COUN .. FEES,
AND EXPENSES
AND NOW comes Petitioner, Jeffrey S. Sensenig, by and through his counsel of
record, Kristen Goddard Donsen, Esquire, and petitions the Court as follows:
Your Petitioner is the above-named Plaintiff, Jeffrey S. Sensenig, an adult
individual currently residing at 131 I Street, Carlisle, Cumberland County,
Pennsylvania.
2. Your Respondent is the above-named Defendant, Michelle L. Sensenig, an adult
individual whose current residential address is unknown but whose last known
mailing address is P.O. Box 974, Carlisle, Cumberland County, Pennsylvania.
3. Petitioner's birth date is September 9, 1966, and his social security number is
147-72-6829.
4. Respondent's birth date is February 22, 1966, and her social security number is
unknown.
5. The divorce action filed to the above-docketed number in the Court of Common
Pleas of Cumberland County requests a divorce based upon §3301(c),
§3301(a)(6), and §3301(a)(2) of the Domestic Relations Code.
6. Petitioner has employed counsel and will incur costs and expenses pursuant to
the aforementioned divorce action, but is without sufficient assets or income to
support himself, pay his attorney's fees, and pay the costs and expenses
associated with this action.
7. Respondent has sufficient income and earning capacity, as well as the assets to
assist in supporting the Petitioner and providing maintenance for him, as well as
to pay alimony pendente lite to Petitioner and assist in his counsel fees, costs and
expenses.
WHEREFORE, Petitioner requests your Honorable Court to enter an Order requiring
the Respondent to pay to Petitioner alimony pendente lite, interim counsel fees, costs and
expenses in this matter.
Respectfully submitted,
Kristen Goddard D sen, Esquire
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
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 unswom falsifications to authorities.
DATE: l 1
JEF S. NSENIG, Plain ' /P titioner
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
4rcq S . Sensen
Plaintiff
Vs.
M i Ghc,ILe L, Sensen?
Defendant
File No. q q - LfS99, Ci V; Irier,
IN DIVORCE
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff /Defendant in the
above matter, having been granted a Final Decree in Divorce on the
(ate day of M0.rc.h 193000, hereby elects to resume the
prior surname of Evans and gives
this written notice pursuant to the provisions of 54 P.S. S 704.
/ ILl G?2 (L? O .
DATE : - 17 -00
Signature
M ckaL.c_ ALf t-1C (Fua.xS
Signature of name being resumed
COMMONWEALTH OF PENNSYLVANIA:
. SS.
COUNTY OF CUMBERLAND
On the 17ZC day of Ae46mg , '11-?rr6, before me, a
Notary Public, personally appeared the above affiant known to me to
be the person whose name is subscribed to the within document and
acknowledged that he/she executed the foregoing for the purpose
therein contained.
seal.
In Witness Whereof, I have hereunto set my hand and official
NOTARIAL SEAL
PAIRICIA A SRATTO Nolery Public
Cahis12 fimo ClAhk%nd County
MY Cnnunin+inn (tiriEF LL4k A8, d001
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