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IN THE COURT OF COMMON
OF CUMBERLAND COUNTY
STATE OF
DYAN C...SHENK.
PLAINTIFF
Vorsus
MICHAEL G. SHENK
DEFENDANT
DE
DI
PENNA.
CREE IN
VORCE
i
PLEAS
AND NOW, ?............ VAao, vt? it is ordered and
decreed that DYAN C, stENC.. , . , , , , , • , • , • ... , • plaintiff,
and .................... MICHAEL G. SHENK .................... • 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
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It is further ordered and decreed that, the. MFgg€,ttlenk Agrnk . ,
eicecuEed•by•airi bitween the parties dated December 24, 1999, is incorporated
by. reference. into. this. Decree. for, the, purposes. of - enforcement.,. but, sha1.1 . •
not be deemed to have been merged with this Decree.
By The Ci u 1
Attest: G t
jib
Prothonotary
?Y
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MARRIAGE SETTLEMENT AGREEMENT
by and between
DYAN C. SHENK
and
MICHAEL G. SHENR
AGREEMENT MADE this ?( day of ,b u "J`44 1999, by and
between DYAN C. SHENK ("Wife") - A N D - MICHAEL G. SHENK ("Husband"), at Harrisburg,
Pennsylvania.
WHEREAS, the parties hereto are husband and wife having been marred on May 3, 1986, in
Bermuda.
WHEREAS, there were two (2) children born of this marriage; said children being:
Jillian Shenk, age 10; and
Danielle Shenk, age 7.
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the
parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural
lives, and the parties desire to settle fully and finally their respective financial and property rights and
obligations as between each other including, without limitation by specification: settling of all matters
between them relating to the ownership and equitable distribution of real and personal property; settling
of all matters between them relating to the past, present and future support, alimony and/or maintenance
of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and
possible claims by one against the other or against their respective estates.
NOW, THEREFORE, in consideration of the foregoing premises and of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt
of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally
bound hereby, covenant and agree as follows:
1. Divorce and Sepnrallon. The parties agree to the entry of a decree in divorce pursuant
to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the
right to live separate and apart from each other and to reside from time to time at such place or places as
they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other.
Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her
by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the
part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living
apart.
The parties acknowledge that a divorce action has been filed in the Court of Common Pleas of
Cumberland County, Pennsylvania at docket number 99 - 6181. The parties agree that they will execute
and file Affidavits of Consent and Waivers of Notice of Intention to Request Entry of a Divorce Decree
in the aforementioned matter 90 days after service of the Divorce Complaint. Thereafter, counsel for
Wife shall file a Praecipe to Transmit Record and obtain a divorce decree.
2. Dlvisinn of Propedy. The parties have divided between them to their mutual
satisfaction the personal effects, household furniture and furnishings and all other items of property
which heretofore have been held by them in common.
A. Personal Propene, Husband will provide Wife with a duplicate
set of family photos. Wife shall also retain all items of personalty, including
clothing, jewelry and memorabilia, gifts given to her by third parties during the
marriage and any item of property she owned prior to the date of marriage.
Husband shall cooperate in allowing Wife access to the marital home to retrieve
any items that arc to be transferred to Wife pursuant to this paragraph.
y Lj)&5t KGCP G 61 C1 CiCCU- I C44 MP 14 1J
B. Rrn1 PrnperU. The property and lot situate at v shall be
transferred to Husband. Husband agrees to use his best efforts to remove Wife's
name from the mortgage associated with the property by refinancing or other
appropriate measures. Husband shall make a good faith attempt at least once a
year. If Husband is unable to remove Wife's name from the mortgage obligation
within five (S) years of the date of the execution of this Agreement, then the
property shall be sold. Husband shall be responsible for all costs associated with
the sale of the property. Husband shall be entitled to all proceeds of sale.
Wife shall execute a deed transferring all interest in the property to
Husband. The deed shall be held in escrow by Wife's counsel pending Husband's
refinance of the property or assumption of the mortgage by Husband alone.
C. t3 win ss Interests. All businesses shall be assumed and
transferred to Husband. Husband agrees to use his best efforts to refinance any
and all obligations related to the businesses on which Wife is also an obligor or
guarantor. This includes, but is not limited to, the PNC Bank loan, lines of credit
and all leases.
D. Vphiel Both parties shall retain as their sole, separate and
exclusive property any motor vehicles now in their respective possession.
3. Taxes. The parties have heretofore filed joint federal and state tax returns. Both parties
agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment
of any such tax is made against either of them, each will indemnify and hold harmless the other from and
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against any loss or liability for any such tax deficiency or assessment and any interest, penalty and
expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and
entirely by the individual who is finally determined to be the cause of the misrepresentations or failures
to disclose the nature and extent of his or her separate income on the aforesaid joint returns.
q, Additional Documentation. The parties agree to execute any deeds, assignments, titles
or other instruments necessary and appropriate to accomplish the aforesaid division of property.
5, Transfers Snhjeet to Existing Liens. Notwithstanding any other provisions in this
document all property transferred hereunder is subject to the existing lien or liens set forth above. The
respective transferee of such property agrees to indemnify and save harmless the other party from any
claim or liability that such other party may suffer or may be required to pay on account of such lien or
encumbrance.
6. R nr centntinns and Warranties. The parties represent and warrant to each other that
the property described in this Agreement represents all of the property in which they have any right, title
and interest, and that such property is subject to no mortgage, pledge, lien, security interest,
encumbrance or charge except those which are disclosed herein.
7, Ergottahle Division. By this Agreement the parties have intended to effect an equitable
division of their jointly owned property. The parties have determined that an equitable division of such
property conforms to a just and right standard, with due regard to the rights of each party. 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 a part of the marital estate. It is the intention of the parties to treat all transfers herein as
non-taxable.
g, Rplinqiiiqhmpnt of Right . Except as expressly provided herein, Husband forever
relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets
now belonging to Wife, and Wife forever relinquishes any right, title or interest she may now or
hereafter have in any tangible or intangible assets now belonging to Husband.
9. After-Acquired Prnp prtr. Each of the parties shall hereafter own and enjoy
independently of any claim or right of the other, all items of property, be they real, personal or mixed,
tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to
dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were
unmarred.
10. l.tnhiliffcc. All joint debts, contracts, obligations or liabilities incurred at any time during
the parties' marriage will be the responsibility of Husband and will be paid promptly by Husband.
Husband further promises, covenants and agrees that he will now and at all times hereafter save harmless
and keep Wife or her estate indemnified and save harmless from all joint debts or joint liabilities
incurred during the marriage, and from all actions, claims and demands whatsoever with respect thereto,
and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and
demands.
Neither party shall, as of the date of the parties' separation, contract nor incur any debt or
liability for which the other or his or her property may be responsible, and shall indemnify and save
harmless the other from any and all claims or demands made against him or her by reason of debts or
obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided
to the contrary herein.
11. Cn inc I Fe s, Costs find FYprns _s, Each party shall be responsible for his or her own
legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their
marriage.
12. Waiver of Alimony. In exchange for and in consideration of the promises and
representations made hereunder, Husband and Wife hereby waive and release any and all right, title,
interest; claims or demand of whatsoever nature which he or she now has or hereafter can, shall or may
have against the other or the respective separate property of the other under the laws of the
Commonwealth of Pennsylvania or any other governing state, country, territory orjurisdiction in the
nature of spousal support, separate maintenance or support, alimony, either pendente lite, temporary,
rehabilitative, permanent or lump sum and right to seek equitable or community distribution or division
or assignment of property or similar marital rights.
13. Child Support,
A. Husband shall pay to Wife for the use, benefit, support and maintenance of the parties'
minor children, the sum of $700.00 per month, effective January 1, 2000. The support payments set
forth herein shall continue until the children complete high school or attain age 18, whichever occurs
later.
B. Husband shall provide Blue Cross, Blue Shield, Major Medical or equivalent coverage
for the benefit of the children for so long as he is obligated to contribute to their support pursuant to the
provisions of this Agreement.
C. The parties agree that in the event of a material change in the cost of living or the
financial circumstances of either party, or a change in the present custody arrangement, the amount of
the support payments shall be subject to an appropriate adjustment by agreement or, if the parties are
unable to agree, by a court of competent jurisdiction.
D. Unless otherwise agreed, Wife shall be entitled to claim the U.S. Individual Income Tax
and any other federal, state or local income tax exemptions for Danielle and Husband shall be entitled to
claim the U.S. Individual Income Tax and any other federal, state or local income tax exemptions for
Jillian in odd-numbered years. In even-numbered years this shall reverse so that Wife shall be entitled to
claim Jillian and Husband shall be entitled to claim Danielle.
14. Custody. The parties have participated in a custody conciliation process in Cumberland
County, Pennsylvania. The Order resulting from that process providing shared legal and physical
custody of the parties' minor children and an alternating schedule of holidays shall be modified to
accelerate the introduction of Thomas Flynn to the ch:tdren.
Both parties shall cooperate in scheduling any necessary counseling appointments with Deborah
Salem of Inner Works to facilitate the introduction of Mr. Flynrl to the children so that the contact may
occur sooner than the time limit of ninety (90) days as specified in the Agreement.
The parties shall cooperate in the entry of any modification of custody Orders necessary to attain
the purposes of this paragraph. Upon mutual consent of the parties, Mr. Flynn may have contact with
the children prior to the expiration of the balance of the ninety day restriction.
15. Lit Ins uran e. The children shall be named as sole irrevocable beneficiaries on all
policies insuring the parties' lives as of the date of this agreement. A schedule of the policies in effect as
of the date of this agreement are attached hereto as Exhibit A. To the extent that Husband or Wife does
not currently have life insurance with a face value of $250,000 in effect at the date of this agreement,
then they shall obtain additional insurance so that they each have a total of $250,000 in life insurance.
Husband and Wife shall maintain said policies until the youngest living child attains age 22. Upon
either party's written request, the other shall provide proof that the life insurance required by this
paragraph is in place .
16. Fnll Wou-Insure, The respective parties do hereby warrant, represent and declare and do
acknowledge and agree that each is and has been fully and completely informed of and is familiar with
and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the
other and that each has made a full and complete disclosure to the other of his or her entire assets and
liabilities and any further enumeration or statement thereof in this Agreement is specifically waived.
17. Releases. Each party does hereby remise, release, quitclaim and forever discharge the
other and the estate of the other from any and every claim that each other may now have, or hereafter
have or can have at any time, against the other, or in and to or against the other's estate, or any part
thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of
dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take
against each other's will, or for support or maintenance, or of any other nature whatsoever, except any
rights accruing under this Agreement.
tg, Ind m nll7cnttnn. Each party represents and warrants to the other that he or she has not
incurred any debt, obligation, or other liability, other than described in this Agreement, on which the
other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding
is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act
or omission of such party, such party will at his or her sole expense, defend the other against any such
claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the
other party in respect of all damages as resulting therefrom. Damages as used herein shall include any
claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation,
counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid
same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife
from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this
Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach
or default in performance by Husband or Wife of any of the obligations to be performed by such party
hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation
threatened or instituted against either party which might constitute the basis for a claim for indemnity
pursuant to the terms of this Agreement.
19. t:enernt Prnvicions. This Agreement constitutes the entire understanding of the parties
and supersedes any and all prior agreements and negotiations bgtwccn them. There arc no
representations or warranties other than those expressly set forth herein.
20. Fnir and F.nnitnhlntentc. The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel. Each party acknowledges that he or
she has received independent legal advice from counsel of his or her selection and that each fully
understands the facts and has been fully informed as to his or her legal rights and obligations. Each
party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and
that it is being entered into freely and voluntarily after having received such advice and with such
9
knowledge, and that execution of this agreement is not the result of any duress or undue influence and
that it is not the result of any collusion or improper or illegal agreement or agreements.
21. Breach. It is expressly stipulated that if either party fails in the due performance of any
of his or her material obligations under this Agreement, the other party shall have the right, at his or her
election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other
legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any
services rendered by the non-defaulting party's attorney in any action or proceeding to compel
performance hereunder.
22. Everntion of Documents. Each party shall on demand execute any other documents that
may be necessary or advisable to carry out the provisions of this Agreement.
23. MndiQrntinn. No modification, rescission or amendment to this Agreement shall be
effective unless in writing signed by each of the parties hereto.
24. Cevernhility. If any provision of this Agreement is held by a Court of competent
jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless
survive and continue in full force and effect without being impaired or invalidated in any way.
25. Applicable t.aw. This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
26, Agreement Nn to h Merged. This Agreement may be filed with the Court for
incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be
merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce
Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this
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Agreement as an independent contract. Such remedies in law or equity are specifically not waived or
released.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
Witness:
r
AN
tv L/ MICHAEL G. SHE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
. ss.
Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and
County, Dyan C. Shenk, who being duly sworn according to law deposes and says that she is a party of
the foregoing Agreement and she executed same for the purposes therein contained.
. Witness my hand and seal this day of , 1999.
COMMONWEALTH OF PENNSYLVANIA
N
Notary Public
My Commission Expires:
Notarial Seal
Vicky L Fit:. Notary Public
Harrisburg. DaupNn county
My Commission Explroe Dec. S. 2002
MOMW f'enr$yKW l A+socuoon el Nofanes
Ss.
COUNTY OF DAVPI(I•H?ICLtMt LA?ao
Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and
County, Michael G. Shenk, who being duly sworn according to law deposes and says that he is a party
of the foregoing Agreement and she executed same for the purposes therein contained.
Witness my hand and seal this o day of _„( W AI I.X .1999.
Not Public
My Commission Expires:
Notarial Ssd
Karen A. Sheriff, Ndery Public
Harrisburg. Daup County
My Cornmission Expires March V 2002
fImber. Pennsybema AssaWlanof Won
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3603:14/PaAVCI111i TO TRANSMIT/AVIAld
DYAN C. SHENK,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
MICHAEL G. SHENK,
DEFENDANT
NO. 99 - 6181
CIVIL ACTION - DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a divorce
decree:
1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code.
2. Date and manner of service of the Complaint: Counsel for Defendant was served with the
Complaint via U.S. Mail, first class, on October 25, 1999 and accepted service on October 26, 1999.
3. (a) Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce
Code: by Plaintiff on January 28, 2000; and by Defendant on March 1, 2000.
(b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: not
applicable.
(2) Date of filing and service of the Affidavit upon the respondent: not applicable.
4. Related claims pending: None
5. Complete either (a) or (b).
(a) Date and manner of service of the Notice of Intention to File Praccipc to Transmit
Record, a copy of which is attached: not applicable.
(b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the
prothonotary: February 28, 2000.
Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the
prothonotary: March 3, 2000.
Date: March 6, 2000
SMIGEL, ANDERSON & SACKS
By: U /0?
LeRoy Smigel, Esquire
I.D. # 09617
Ann V. Levin, Esquire
I.D. # 70259
2917 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorney for Plaintiff
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GOLDBERG, KA7ZMAN & SWMAN, P.C.
Paul J. Esposito - I.D. M454
Attorneys for Plaintiff
320 Market Street, Strawberry Square
Post Office Box 1268
Harrisburg, PA 17108.1268
(717) 234.4161
DYAN C. SHENK,
V.
IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
MICHAEL G. SHENK,
Defendant
CIVIL ACTION - LAW
NO. 1999CIVIL 9 -6,1#bbl input
IN DIVORCE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a decree of divorce or annulment may be entered against you by the
Court. A judgment may also be entered against you for any other claim or relief requested in
these 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 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 the Cumberland County Courthouse, 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
ooldbery, Katmuo & Shipma, P.C.
Paul 1. 11"Ito, Baquln - I.D. 025454
320 Markel Street
Post office Bo: 1266
Hurlabur8, PA 17108.1268
Adomeys for Plainlfr
DYAN C. SHENK,
V.
IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
MICHAEL G. SHENK,
Defendant
NO. 1999 CIVIL c) q. G I S / 7-;,_
CIVIL ACTION - LAW
IN DIVORCE
DYAN C. SHENK, 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 my spouse and I to participate in counseling.
2. I understand that the Court maintains a list of marriage counselors in the Office of
the Prothonotary, 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 counseling prior to a divorce decree being handed down by the Court.
I verify that the statements made in this Waiver 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.
7
Date. 1-74- , Z&Odt'l ` ( )kg;/L4
DYAN SHENK
GOLDBERG, KATZMAN & SH MAN, P.C.
Paul L E"ito - I.D. #25454
Attorneys for Plaintiff
320 Market Street, Strawberry Square
Post Office Box 1268
Harrisburg, PA 17108-1268
(717) 2344161
DYAN C. SHENK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
MICHAEL G. SHENK, NO. 1999 CIVIL 91 - /-/X/ &Zt! 71?...
Defendant IN DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff, DYAN C. SHENK, is an adult individual, who currently resides
at 535 Fairway Drive, Camp Hill, Cumberland County, Pennsylvania.
2. Defendant, MICHAEL G. SHENK, is an adult individual who currently
resides at 4 West Red Gold Circle, Camp Hill, Cumberland County, Pennsylvania.
3. Plaintiff avers that she has been a bona fide resident in the Commonwealth
of Pennsylvania for a period of at least six (6) months previous to the filing of this Complaint.
4. The parties were married on May 3, 1986, in Bermuda.
5. There have been no prior actions of divorce or annulment filed by either of
the parties hereto.
6. Plaintiff has been advised of the availability of counseling and that Plaintiff
has the right to request that the Court require the parties to participate in counseling.
7. The Defendant in this action is not presently a member of the United States
Armed Forces or of any of its allies.
8. Plaintiff requests the court to enter a decree of divorce.
9. The averments of Paragraphs 1 through 8 herein are hereby incorporated
by reference thereto.
10. The marriage is irretrievably broken.
11. The averments of paragraphs 1 through 10 herein are hereby incorporated by
reference thereto.
12. Plaintiff and Defendant have acquired property, during their marriage until the
date of their separation, which property is marital.
13. Plaintiff requests this Court to preserve her right to have all marital property
of the parties equitably distributed.
14. The averments of paragraphs 1 through 13 herein are hereby incorporated by
reference thereto.
15. Plaintiff lacks sufficient property to provide for her reasonable means and is
unable to adequately support herself through appropriate employment.
16. Plaintiff requires reasonable support to adequately maintain herself.
17. Plaintiff requests this Court to preserve her right to seek an award of
reasonable temporary alimony and additional sums as may become necessary from time to time
hereafter until final hearing.
18. The averments of paragraphs 1 through 17 herein are hereby incorporated by
reference thereto.
19. Plaintiff has employed the firm of Goldberg, Katzman and Shipman, P.C. as
counsel but is unable to pay the necessary and reasonable attorney's fees for said counsel.
20. Plaintiff is in need of hiring a real estate appraiser and other experts and does
not have the funds to pay the necessary and reasonable fees.
21. Plaintiff requests the Court to allow her reasonable counsel fees, costs and
expenses, costs of experts and appraiser pursuant to Section 3502 of the Divorce Code and Rule
of Civil Procedure 1920.31 and to order such additional sums thereafter as may be deemed
necessary and appropriate, and at final hearing, to further award such additional counsel fees and
costs of experts and appraiser as are deemed necessary and appropriate.
WHEREFORE, Plaintiff prays Your Honorable Court to:
(a) Enter a Decree in Divorce, divorcing the Plaintiff from the bonds of
matrimony heretofore existing between Plaintiff and Defendant; and
(b) Order equitable distribution of marital property; and
(c) Order payment of alimony pendente lite, counsel fees, costs of experts,
appraiser and other expenses as the Court deems just and reasonable; and
(d) Order such other relief as the Court deems just and reasonable.
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P.C.
By br6ZGL
PAUL J.. Pg ITO, ESQUIRE
Post Office Box 1268
Harrisburg, PA 17018-1268
Supreme Court ID #25454
Attorneys for Plaintiff
VERIFICATION
I verify that the statements contained in the foregoing COMPLAINT IN DIVORCE
are true and correct to the best of my knowledge, information and belief I understand that false
statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unswom falsification to authorities.
Date: /0 /- 9 9?' d 7` ?.Q-r -?
DYM61 SHENK
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DYAN C. SHENK, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-6181 CIVIL
MICHAEL G. SHENK, : CIVIL ACTION -LAW
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 may proceed without you and a Decree of Divorce or annulment may be entered against
you by the Court. A judgment may also be entered against you for any other claim or relief
requested in these papers by the Defendant. You may lose money or property or other rights
important to you.
When the ground for divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the office
of the Prothonotary at the Cumberland County Courthouse, 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.
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
717-240-6200
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DYAN C. SHENK,
Plaintiff
V.
MICHAEL G. SHENK,
Defendant
1. Admitted,
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
Nnmbe 11, 1000
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6181 CIVIL
CIVIL ACTION -LAW
IN DIVORCE
6. The truth of this averment is strictly within the knowledge of the Plaintiff and
therefore no answer is required.
7. Admitted.
8. This averment is more properly a prayer for relief and therefore no answer is
required thereto,
COUNTI
9. Paragraphs 1 through 8 of Plaintiff's Complaint and Defendant's Answers
thereto are incorporated herein by reference thereto.
10. Admitted.
It%WpWLFADINO ok. w.Wn d.ie b lh., mmplrm rN N..br It. IM
COUNT 11
11. Paragraphs 9 through 10 of Plaintiffs Complaint and Defendant's Answers
thereto are incorporated herein by reference thereto.
12. Admitted.
13. This averment is more properly a prayer for relief and therefore no answer is
required thereto.
14. Paragraphs 11 through 13 of Plaintiffs Complaint and Defendant's Answers
thereto are incorporated herein by reference thereto.
15. Denied. It is specifically denied that Plaintiff lacks sufficient property to
provide for her reasonable needs and is unable to adequately support herself through
appropriate employment.
16. Denied. It is specifically denied that Plaintiff requires reasonable support to
adequately maintain herself.
17. This averment is more properly a prayer for relief and therefore no answer is
required thereto.
COUNT IV
18. Paragraphs 14 through 17 of Plaintiffs Complaint and Defendant's Answers
thereto are incorporated herein by reference thereto.
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19. Denied. It is specifically denied that Plaintiff is unable to pay her necessary
and reasonable attorney's fees.
20. Denied. It is specifically denied that Plaintiff does not have the funds to pay
the necessary and reasonable fees of a real estate appraiser and other experts.
21. This averment is more properly a prayer for relief and therefore no answer is
required thereto.
WHEREFORE, Defendant prays this Honorable Court deny Plaintiff's request for
alimony, alimony pendente lite, and counsel fees, costs and expenses.
COUNTERCLAIM
COUNT 1- DIVORCE
22. The Defendant avers that the grounds on which the action is based are as
follows:
(a) That Plaintiff has offered such indignities to Defendant, the injured and
innocent spouse, so as to make Defendant's condition burdensome and life intolerable;
(b) The marriage is irretrievably broken;
(c) Plaintiff has committed adultery.
23. By reason of this action, Defendant will be put to considerable expense in the
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preparation of his case in the employment of counsel and the payment of costs.
24. Defendant is without sufficient funds to support himself and to meet the costs
and expenses of this litigation and is unable to appropriately maintain himself during the
pendency of this action.
25. Defendant's income is not sufficient to provide for his reasonable needs and
pay his attorney's fees and the costs of this litigation.
26. Plaintiff has adequate earnings to provide for Defendant's support and to pay
his counsel fees, costs and expenses.
WHEREFORE, Defendant requests this Honorable Court:
a. Enter a Decree of Divorce;
b. Grant Defendant counsel fees and costs;
C. Grant such further relief as the Court may deem equitable and just.
Respectfully submitted,
Dated: November 18, 1999
1&014e- ?
Maria P. C gnett quire
Sup. Ct. I.D. #27914
200 North Third Street
Twelfth Floor
P.O. Box 689
Harrisburg. PA 17108-0689
(717) 232-2103
VERIFICATION
I, MICHAEL G. SHENK, hereby verify and state that the facts set forth in the
foregoing document are true and correct to the best of my information, knowledge and
belief. I understand that false statements herein are made subject to the penalties of 18
Pa. C.S.A. §4904 relating to unswom verification to authorities.
MICHAEL G. SHEN
DATE
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DYAN C. SHENK,
Plaintiff
V.
MICHAEL G. SHENK,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99- 6181
CIVIL ACTION - DIVORCE
AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING
1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on October 8, 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 verify that the statements made in this Affidavit arc true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification
to authorities.
Date:1 0? 8 L'6 lG'I L C . ??
DYAN rVSHENK, PLAINTIFF
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REAGER, ADLER & COGNETTI, PC
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
2331 Market Street
Camp Hill, PA 17011-4642
Telephone No. (717) 763-1383
Attorneys for Plaintiff
DYAN C. SHENK, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
MICHAEL G. SHENK,
Defendant
NO. 99.6181
: CIVIL ACTION -LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
October 8, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90)
days have elapsed from the date of the filing and service of the Complaint.
3. 1 consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
verify that the statements made in this affidavit are true and correct. I understand that
false statements herein arc made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unswom falsification to authorities.
Date:' lLlte? -
MICHAEL G. SI-IENK fondant
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DYAN C. SHENK,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
MICHAEL G. SHENK,
DEFENDANT
No. 99-6181
CIVIL ACTION - 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.
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 alter 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 unswom
falsification to authorities.
Date: ko a GO
DYAN?^ SHENK, PLAINTIFF
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REAGER, ADLER & COGNETTI, PC
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
2331 Market Street
Camp Hill, PA 17011-4642
Telephone No. (717) 763-1383
Attorneys for Plaintiff
DYAN C. SHENK, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
MICHAEL G. SHENK,
Defendant
: NO. 99-6181
: CIVIL ACTION -LAW
: IN DIVORCE
WAIVER OF NOT IC E. OF I NTEN TION TO REQUEST ENTRY
OF D IVORC E DE CREE UNDER
§ 33 01 0 OF T HE D IVORC E. CODE.
I consent to the entry of a final Decree of Divorce without notice.
2. 1 understand that 1 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 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.
1 verify that the statements made in this affidavit are true and correct. I understand that
false statements herein arc made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom
falsification to authorities.
V ,
DATE: 3-1-00 MICI IAEL G. SI IEN , efendant
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REAGER, ADLER & COGNETTI, PC
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
2331 Market Street
Camp Hill, PA 17011-4642
Telephone No. (717) 763-1383
Mwh 1.!000
Attorneys for Defendant
DYAN C. SHENK, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-6181 CIVIL
MICHAEL G. SHENK, : CIVIL ACTION -LAW
Defendant : IN DIVORCE
I, MARIA P. COGNETTI, ESQUIRE, do hereby accept service of a true and
correct copy of the Complaint in Divorce directed to my client, MICHAEL G. SHENK,
Defendant in the abovc-captioned matter, pursuant to Pennsylvania Rule of Civil
Procedure No. 402(b).
Date: October 26, 1999 By:
Respectfully Submitted:
REAGER, ADLER &_
MARIA P. COGN1 I, ESQUIRE
Attorney I.D. No. 27914
2331 Market Street
Camp Hill, PA 17011-4642
Telephone No. (717) 763-1383
Attorney for Defendant
PC
DYAN C. SHENK,
Plaintiff
V.
MICHAEL G. SHENK,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 6181
PACSES NO. 856101645
DR#29,111
CIVIL ACTION - DIVORCE
PRAECIPE
TO THE PROTHONOTARY:
Please withdraw the claim for alimony pendente lite filed in the above-captioned matter by
the Plaintiff, Dyan C. Shcnk.
Date: March j 2000
Smigcl, Anderson & Sacks
By: J
LeRoy Smigcl, Esquire
I.D. # 09617
Ann V. Levin, Esquire
I.D. # 70259
2917 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Plaintiff
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DYAN C. SHENK,
V.
: IN THE COURT OF COMMON PLEAS
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 6181
MICHAEL G. SHENK,
DEFENDANT
CIVIL ACTION - DIVORCE
PRAECIPE FOR WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Please withdraw the appearance of the undersigned as counsel for Plaintiff in the above-
captioned action.
Date: Dr?X'4 T
GOLDBERG, KATZMAN & SHIPMAN, P.C.
By: PAUL 1. ESP SITO, ESQUIRE
I.D. {+ 2545x4
320 MARKET STREET, P.O. BOX 1268
HARRISBURG, PA 17108-1268
(717) 234-4161
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
c on.
Please enter the appearance of the undersigned as counsel for Plaintiff in the above-captioned
Date: /) - -7 1 • `I
SMIGEL, NDF ON & CKS'
By:
L ROY SMI L, SQUI E
I.D. # 09617
ANN V. LEVIN, ESQUIRE
I.D. 9 70259
2917 NORTH FRONT STREET
HARRISBURG, PA 17110
(717) 234-2401
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
DYAN R. SHENK ) Docket Number 4%- 6ls1. el(//L
Plaintiff )
VS. ) PACSES Case Number
MICHAEL G. SHENK
Defendant ) Other State ID Number
AND NOW, to wit on this 9TH DAY OF NOVEMBER, 2000 IT IS HEREBY
ORDERED that the Q Complaint for Support or Q Petition to Modify or ® Other
ALIMONY PENDENTE LITE filed on OCTOBER 27, 1999 in the above captioned
matter is dismissed without prejudice due to:
PETITIONER NOT PURSUING THE MATTER.
j? 141
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® The Complaint or Petition may be reinstated upon written application of the plaintiff
petitioner.
BY THE COURT:
DRO: R.1 Sttidiay
xc: plaintiff
defenlant
TZTIMM
Kevin A. a JUDGE
Service Type M
Fnrnr OE-506
Worker ID 21005
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DYAN C. SHENK, IN THE COURT OF COMMON PLEAS OF
Plainliff/Pelitioncr CUMBERLAND COUNTY, PENNSYLVANIA
VS.
MICHAEL G. SHENK,
Defcndant/Rcspondcnt
CIVIL ACTION - DIVORCE
NO.99 - 6181 CIVIL TERM
IN DIVORCE
DR# 29,111
Pacscs# 8561111645
ORDER OF COURT
AND NOW, this 10" day of November, 1999, upon consideration of the attached Petition for
Alimony Pcndcntc Li1e and/or counsel fees, it is hereby directed that the parties and their respective
counsel appear before R.J. Shaddav on January a. 1999 at 9:00 A,M, for a conference, at 13 N. Hanover
St., Carlisle, PA 17013, alter which the conference officer may recommend that an Order for Alimony
Pcndcntc Lilc be entered.
YOU are further ordered to bring to the conference:
(1) 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
1910.1111)
(d) verification of child care expenses
(5) proof of medical coverage which you may have, or may have availnblc 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
I1-I0-99 to: < Respondent
Paul Esposito. Esquire
Maria Cognclti, Esquire /
Date of Order: November 10, 1997 _ i
R. . Shad ay, 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
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