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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
.,, nALT-- SENNETT `U
r
Plaintiff No. 99-7644 CIVIL TERM _
VERSUS
TINY M_ SFN ETTr
Defendant
DECREE IN
DIVORCE
AND NOW, Zion '7j , 200171 , IT IS ORDERED AND
DECREED THAT_gHFRRY T gFnNETT PLAINTIFF,
AND
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;
BY THE COURT:
'TT t:
PROTHONOTARY
HAROLD S. IRWIN, 111
SUPREME COURT ID NO 29920
35 EAST HIGH STREET, SUITE 2011202
CARLISLE PA 17013
(717) 243-9090
SHERRY L. SENNETT,
Plaintiff
V.
TONY M. SENNETT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 99 - 7644 CIVIL TERM
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
Please transmit the record, together with the following information, to the court for entry of a divorce
decree:
Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code.
2. Date and manner of service of the complaint: On or about December 27, 1999 defendant
was served by certified mail, restricted delivery, with a copy of the divorce complaint. See Affidavit of
Service filed by plaintiffs counsel.
3. Complete either paragraph (a) or (b):
(a) Date of execution of the affidavit of consent required by Section 3301(c) of the
Divorce Code: By the plaintiff. May 23, 2000
By the defendant: May 18, 2000
(b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce
Code: NIA ; and (2) Date of filing and service of the plaintiff's affidavit
upon the defendant: 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: N/A
(b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: May 24, 2000
Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: May 24, 2000 A
Ja.u rL
ea5c, 2000
HAROLD S. IRWIN, 41, ESQUIRE
Attorney for Plaintiff
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HAROLD 3. IRWIN, III, ESQUIRE
ATTORNEY ID NO. 29920
35 EAST HIGH STREET
CARLISLE PA 17013
(717) 243-0090
ATTORNEY FOR PLAINTIFF
SHERRY L. SENNETT,
Plaintiff
v.
TONY M. SENNETT,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 99 - 74.4W CIVIL TERM
: IN DIVORCE
NOTICE
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 in 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, 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
?LA
SHERRY L. SENNETT,
Plaintiff
V.
TONY M. SENNETT,
Defendant
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 99 - 7L y CIVIL TERM
IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTION
3301(c) OF THE DIVORCE CODE
NOW, comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files
this complaint in divorce against the defendant, representing as follows:
1. The plaintiff is Sherry L. Sennett, an adult individual residing at 120 Irish
Gap Road, Newville, Cumberland County, Pennsylvania 17241.
2. The defendant is Tony M. Sennett, an adult individual residing at 120 Irish
Gap Road, Newville, Cumberland County, Pennsylvania 17241.
3. The parties have been residents of the Commonwealth of Pennsylvania at
least six months prior to the filing of this action in divorce.
4. The plaintiff and the defendant were married on January 13, 1986, in
Newville, Pennsylvania.
5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the
grounds upon which this action is based that the marriage between the parties is
irretrievably broken.
6. The plaintiff avers that she has been advised of the availability of
counseling and that she has the right to request that the court require the parties to
participate in counseling.
WHEREFORE, the plaintiff demands judgment dissolving the marriage between
the two parties.
I verify that the facts contained herein 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.
December 22, 1999 1
SHERRY,. ENNETT, Plaintiff
HAROLD S. IRWIN III
Attorney for Plaint
35 East High Street
Carlisle, Pennsylvania 17013
(717) 243-6090
Supreme Court ID No. 29920
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SHERRY L. SENNETT,
Plaintiff
V.
TONY M.SENNETT,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
:NO. 99. 91, V CIVIL TERM
IN DIVORCE
PLAINTIFF'S MARRIAGE COUNSELING AFFID"IT
The plaintiff, 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 and I participate in
counseling.
2. 1 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 counseling prior to a divorce decree being handed down.
I verify that the statements made in this affidavit 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.
December-22,11999 ?(1 R a 4. LL IJC
SHERRY L. NNETT, Plaintiff
SHERRY L. SENNETT,
Plaintiff
V.
TONY M. SENNETT,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99 - 7644 CIVIL TERM
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was
filed in this matter on or about December 23, 1999 and served upon the defendant on
or about December 27, 1999.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety
days have elapsed from the date of the service of the complaint.
3. 1 consent to the entry of a final decree in divorce after service of notice of
intention to request entry of the divorce.
I verify that the statements made in this affidavit 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.
May 23, 2000
SHERRY . ENNETT
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05/17/2000 09:07 7172431807 MDWO PAGE 02/03
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99911
SHERRY L. SENNETT,
Plaintiff
V.
TONY M. SENN-ETT,
Defendant
Lv THE COURT OF COMMON PLEAS OF
CU vMERLAND COUNTY, PENNSYLVANIA
99-7644 CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on or
about December 23, 1999.
2. The marriage ofPlaintiff 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 at£davit 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 unworn
falsification to authorities.
Date: S- /?-00
Tony .Sennett
S'Kyw to and subscribed before me this
day of May, 2000.
otary Public
Notarial Seal
Tricia D. Eckanroad. Notary Public
Carlisle Boro. Curn urlnnd County
My Comnilsaon E.plmn CO. 21.2000
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SHERRY L. SENNETT,
Plaintiff
V.
TONY M. SENNETT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99 - 7644 CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(C) OF THE DIVORCE CODE
I consent to the entry of a final decree of divorce without notice.
2. 1 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 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.
May 23, 2000 0 n n 1 4
SHERRY L ENNETT
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05/17/2000 09:07 7172431807
SIMRRY L. SENNETT,
Plaintiff
V.
TONY M. SENNETT,
Defendant
MDWO
PAGE 03/03
IN TITS COURT OF COMMON PLEAS OF
CUNMER.LAND COUNTY, PENNSYLVANIA
99-7644 CIVIL ACTION - LAW
IN DIVORCE
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 ofproperty, lawyer's
fees or expenses ifI do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom
falsification to authorities.
Date: S- / 8 - OO ;?rn SCiM?P
Tony lg.Sennett
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SHERRY L. SENNETT,
Plaintiff
V.
TONY M. SENNETT,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99 - 7644 CIVIL TERM
IN DIVORCE
PLAIN'TIFF'S MARRIAGE COUNSELING AFFID"IT
1. I have been advised of the availability of marriage counseling and
understand that I may request that the court require that my spouse and I participate in
counseling.
2. 1 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 counseling prior to a divorce decree being handed down.
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.
May 23, 2000
SHERRY SENNETT
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HAROLD S. IRWIN, In ESQ.
ATTORNEY ID NO. 82585
35 EAST HIGH STREET
CARLISLE PA 17013
(717) 243-8090
ATTORNEY FOR PLAINTIFF
SHERRY L.SENNETT,
Plaintiff
V.
TONY M. SENNETT,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 99 - 7644 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF SERVICE OF COMPLAINT
PURSUANT TO PA RCP RULE NO. 1920.4 (a)(1)(11)
NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does
depose and state:
1. That he is a competent adult and attorney for the plaintiff in the above
captioned action in divorce.
2. That a certified copy of the complaint in divorce was served upon the
defendant on or about December 27, 1999, by certified mail "restricted delivery",
addressed to him at 120 Irish Gap Road, Newville, PA 17241, certified mail, return
receipt No. Z 339 062 162.
3. That a copy of the sender's receipt and signed receipt for certified mail is
attached hereto.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein made ar, subject to the penalties of 18 Pa. C.
S. Section 4904, relating to unsworn falsification authorities.
December 29, 1999
Harold S. Irv
Attorney for
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HAROLD S. IRWIN, III, ESQUIRE
ATTORNEY ID NO. 29920
35 EAST HIGH STREET
CARLISLE PA 17013
(717) 243-6090 -
ATTORNEY FOR PLAINTIFF
SHERRY L. SENNETT,
Plaintiff
V.
TONY M. SENNETT,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-7644 CIVIL TERM
IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
The parties having reached an agreement as to the division of a certain
employee pension benefit plan in which Tony M. Sennett is a participant:
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that a division and
disposition of the employee pension benefit plan identified below shall be and is made
according to the provisions of the domestic relations law of the State of Pennsylvania
and of Sections 401(a) (13) and 414(p) of the Internal Revenue Code of 1986, as
amended (hereinafter the "Code"), relating to Qualified Domestic Relations Orders as
follows:
1. The Court finds and concludes that Tony M. Sennett (hereinafter the
'Participant') is a participant and has an interest in and account under a certain
employee retirement savings plan known as the R.S. Mowery & Sons, Inc. 401(K)
annuity contract number 4-30721, Identification number 166569142 (hereinafter the
'Plan"). The Plan is an employee pension benefit plan qualified under Section 401(a) of
the Code and subject to ERISA.
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2. Sherry L. Sennett (hereinafter the "Alternate Payee") is the former spouse
of Participant and is hereby designated as an alternate payee of Participant's interest in
and account under the Plan pursuant to Section 401(a) (13) and 414(p) of the Code, to
the extent provided in this Qualified Domestic Relations Order.
3. It is hereby ordered that the Alternate Payee shall have and receive, and
the plan administrator and/or trustee of the Plan are directed to pay to the Alternate
Payee from the Participant's account under the Plan promptly after the execution and
entry of this Qualified Domestic Relations Order, the sum of $22935.15 (referred to in
this Order as the "Vested Interest"). The Participant's Vested Interest shall include the
amount the Participant could receive in a lump sum distribution if the Participant were to
terminate employment as defined under the Plan. Such an amount shall exclude (1)
any company matching contributions, and investment earnings and losses on those
contribution, that are not yet vested and (2) the principal balance, and any accrued but
unpaid interest, on any loans outstanding from the Plan to the Participant. The
determination of a Participant's Vested Interest under this paragraph shall be made as
of the date on which the separate account is establishes as described in the following
paragraph.
4. As soon as practicable after this Order is determined by the Plan
Administrator to be a qualified domestic relations order within the meaning of Section
414(p) of the Code and Section 206(d) of ERISA (QDRO), a separate account shall be
established under the Plan for the benefit of the Alternate Payee. Alternate Payee's
account shall be credited with and the Participant's accrued benefit shall be reduced by,
an amount determined in the preceding paragraph. The Plan Administrator shall send
a letter to the Alternate Payee (the "Acceptance Letter") informing the Alternate Payee
that the Order has been determined to be a QDRO.
5. To the Extent permitted by the Plan and Section 414(p) of the Code, the
alternate Payee may designate a beneficiary to receive payments of the Alternate
Payee's remaining interest in the Plan, if any, upon the death of the Alternate Payee.
Any such beneficiary designation shall be made without regard to any designation by
the Participant of a beneficiary with respect to the Participant's interest under the Plan.
In the absence of an effective beneficiary designation by the Alternate Payee, or if the
named beneficiary predeceases the Alternate Payee, the amount assigned under this
Order shall be paid to the Alternate Payee's Estate.
6. The assignment of benefits o the Alternate Payee under this Order shall
not be reduced, abated or terminated as a result of the death of the Participant. Upon
the Participant's death, the Alternate Payee will not be entitled to any survivorship
benefits attributable to the Participant's benefits under the Plan unless the Participant
designates the Alternate Payee as a beneficiary in accordance with the terms of the
Plan.
7. The name, last known mailing address, social security number and date of
birth of the Participant are as follows:
TONY M.SENNETT
120 IRISH GAP ROAD
NEWVILLE, PA 17241
SS #166.56-9142
DATE OF BIRTH: JUNE 7,1964
8. The name, last known mailing address, social security number and date of
birth of the Alternate Payee are as follows:
SHERRY L.SENNETT
228 HUNTERS ROAD
NEWVILLE, PA 17241
SS#202-56-6934
DATE OF BIRTH: SEPTEMBER 8, 1965
9. The Plan to which this Qualified Domestic Relations Order relates is the
R.S. Mowery & Sons, Inc. 401(K) Annuity Contract No. 4- 30721, ID No. 166569142.
10. As soon as practicable after the Alternate Payee's account is established,
the amount assigned under this Order shall, upon election of the Alternate Payee, be
aid in a lump sum to the Alternate Payee (or, if permitted under the Internal Revenue
Code, to the custodian of an Individual Retirement Account establishes for the benefit
of the Alternate Payee). If the Alternate Payee fails to elect a distribution within 120
days of the date of the Acceptance Leff er, the amount assigned under this Order shall
be paid, as soon as practicable, to the Alternate Payee. Such distribution shall be
made in cash with applicable withholding for federal income tax.
11. Nothing in this Order shall be construed to require the Plan to provide any
type or form of benefit, or any option not otherwise provided under the Plan or to
provide benefits to the Alternate Payee in an amount that exceeds the amount of
benefits that the Plan would be required to pay with respect to the Participant if the
Order did not apply. Except for the interest awarded herein to the Alternate Payee as
an alternate payee, this Qualified Domestic Relations Order shall have no effect on the
Participant's remaining interest in and account under the Plan or in his/her future
interests in and account under the Plan. The Alternate Payee shall not be entitled to
Participant's interests in the Plan that are already required to be paid to another
alternate payee under another domestic relations order previously determined to be a
Qualified Domestic Relation Order; however, the Participant has represented that no
such previous domestic relations order exists.
12. The Alternate Payee shall notify in writing the plan administrator and/or
trustee of the Plan of any changes in her mailing address.
13. It is the intention of the Alternate Payee and the Participant that this Order
shall qualify as a Qualified Domestic Relations Order within the meaning of Section
414(p) of the Code and Section 206(d)(3)(B) of the Employee Retirement Income
Security Act of 1974, as amended (hereinafter "ERISA" ), and that whenever the
provisions hereof are inconsistent with the definition of a Qualified Domestic Relations
Order as may be contained from time to time in the Code or ERISA, this Order shall be
amended, from time to time, as may be required to comply with the requirements for
Qualified Domestic Relations Orders under the Code and ERISA or regulations
promulgated thereunder and to cause this Order to be accepted as a Qualified
Domestic Relations Order by the Plan Administrator. The Court retains jurisdiction to
amend this Order to so comply.
14. It is hereby ordered that a true copy of this Qualified Domestic Relations
Order be served upon the Plan Administrator and/or the trustee of the Plan and that this
Qualified Domestic Relations Order shall be binding on the Plan Administrator and/or
the trustee according to the laws of the State of Pennsylvania, the Code and ERISA.
The Participant and the Alternate Payee are ordered to comply with the terms and spirit
of this Qualified Domestic Relations Order.
15. The Court further retains jurisdiction to supervise implementation of this
Qualified Domestic Relations Order and those provisions of the parties Decree of
Divorce regarding division and dispositions of the Participant's interest in and account
under the Plan, and to enter such other orders hereafter as may be required to
implement fully this Order and any subsequent Orders of the Court regarding this Plan.
SO ORDERED, this 2l? ( day of -e _ 2002.
By the Court:
APPROVED:
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Tony 4W. Sennett, Plaintiff
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Sherry L. ennett, Defendant
HAROLD S. IRWIN, III, ESQUIRE
ATTORNEY ID NO. 29920
35 EAST HIGH STREET
CARLISLE PA 17013
(717)243.0090
ATTORNEY FOR PLAINTIFF
SHERRY L. SENNETT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
: NO. 99 - 7G CIVIL TERM
TONY M. SENNETT,
Defendant : IN DIVORCE
ORDER OF COURT
AND NOW, this day of ;[ zn 0 v , taro , upon presentation and
consideration of the attached stipulation and agreement and upon agreement of the
parties, it is hereby ordered and decreed that the attached agreement is made an Order
of Court.
BY THE COURT,
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SHERRY L. SENNETT,
Plaintiff
V.
TONY M. SENNETT,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99 - 7(.'/7" CIVIL TERM
: IN DIVORCE
STIPULATION AND AGREEMENT
THIS STIPULATION AND AGREEMENT entered into this 2 day of
Joaoby and between TONY M. SENNETT (hereinafter referred to as
"Father") and SHERRY L. SENNETT (hereinafter referred to as "Mother").
NOW THIS AGREEMENT WITNESSETH THAT:
WHEREAS, the Father and Mother are the natural parents of two minor children,
namely, Cody M. Sennett (Age 13, Born July 2, 1986) and Cindy L. Sennett (Age 11,
Born June 19, 1988); and
WHEREAS, the parties wish to enter into an agreement relative to the custody
and partial custody of the children.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements as hereinafter set forth and intending to be legally bound, the parties
hereto agree as follows:
The parties shall have joint legal custody of the children.
2. Mother shall have primary physical custody of the daughter, Cindy L.
Sennet, and Father shall have primary physical custody of the son, Cody M. Sennett,
subject, however, to each other's rights of visitation and temporary physical custody as
follows:
A. Visitation and temporary physical custody of the children by each
party shall be exercised in such a way that the children are together each
weekend and the parties shall alternate weekends with the children, from Friday
at 6:00 p.m. until Sunday at 6:00 p.m.. The Mother shall have the children on
the first weekend following the separation of the parties , the Father shall have
both children on the following weekend, and alternating thereafter.
B. The parties shall share physical custody of both children on
holidays as the parties may mutually agree, it being the express intention of the
parties to share or alternate holidays on as much of an equal basis as possible
and that the children be together during these times.
C. At such other times as the parties may mutually agree, with both
parties agreeing not to unreasonably withhold consent to additional reasonable,
temporary physical custody and visitation.
3. Father will always have the children on Father's Day and Mother will
always have the children on Mother's Day.
4. Each party shall have at least two weeks extended vacation time with both
children together in the Summer. These weeks can be, but are not required to be
consecutive. Each party shall give the other party at least days notice of the weeks he
or she wishes to exercise this custody time.
5. When holiday or vacation time conflicts with the weekend schedule, the
holiday schedule will control who has custody of the children on that day.
6. The parties agree to cooperate fully to coordinate these temporary
physical custody times with due consideration to the schedule and other activities of the
children.
The parties will keep each other advised immediately relative to any
emergencies concerning the children and shall further take any necessary steps to
ensure that the health, welfare and well being of the children are protected.
8. The parties shall do nothing that may estrange the children from the other
parent or injure the opinion of the children as to the other parent or which may hamper
the free and natural development of the children's love or affection for the other parent.
Any modification or waiver of any of the provisions of this agreement shall
be effective only if made in writing and only if executed with the same formality of this
agreement.
10. The parties agree that in making this agreement there has been no fraud,
concealment, overreaching, coercion or other unfair dealing on the part of the other.
11. The parties desire that this agreement be made an order of Court through
the Court of Common Pleas of Cumberland County, and further acknowledge that the
Court of Common Pleas of Cumberland County has jurisdiction over the issue of
custody of the parties' minor children and shall retain such jurisdiction should
circumstances change and either party desire further or require further modification of
said Order.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the
90'd
terms hereof, set forth their hands and seals the day and year herein set forth.
WITNESSETH:
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v (SEAL)
TON SENNETT
SHERRY SENNETT (SEAL)
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland
County, Pennsylvania, this 14h day of
djML-, TONY M. SENNETT,
known to me (or satisfactorily proven) to a the person whose name is subscribed to
gqgj
the within agreement, and acknowledge that he executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notnarial Seal ??///JJ/• •• ///?,,v/'
FTrld,a D. Eckeroad, Notary Public
sle 9oro. Cumberland Counmmis*n Expires Oct. 23, 2000 Notary Public
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
:SS:
PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland
County, Pennsylvania, this ( 77` day of-/
?, SHERRY L. SENNETT,
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 have hereunto set my hand and official seal.
NOTAWML WAL u-0 /j
BON= LOOY1 wrA11Ymm Notary Public
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LO•d OOZ6+£bZ+LtL a:?t•dd0 Mel ui.M-41 VZ£=tt 66-60-D6t'
SHERRY L. SENNETT,
Plaintiff
V.
TONY M. SENNETT,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-7644 CIVIL TERM
IN DIVORCE
STIPULATION TO MODIFY STIPULATION AND AGREEMENT
THIS STIPULATION made this I I day of May, 2004, by and between TONY M.
SENNETT ("Father") and SHERRY L. SENNETT, n/k/a SHERRY FAILOR ("Mother"),
WITNESSETH:
WHEREAS, the parties entered into a Stipulation and Agreement on January 17,
2000, which was entered as an Order of Court on January 20, 2000; and
WHEREAS, the parties want to modify the Stipulation and Agreement pursuant
to Paragraph 9 of the Stipulation and Agreement.
AND NOW, THEREFORE, the parties stipulate and agree as follows:
1. The parties modify and supersede the provisions under Paragraph 2 and
2A of the Stipulation and Agreement with the following:
Father will have primary physical custody of the daughter, Cindy L.
Sennett and the son, Cody M. Sennett, subject, however to Mother's rights
of visitation and temporary physical custody as follows:
A. Mother will have visitation and temporary physical custody of
the children every other weekend, from Friday at 6:00 p.m. until Sunday at
6:00 p.m., beginning with the weekend of May 15, 2004.
2. Subparagraphs B and C under Paragraph 2 will remain unchanged.
This Stipulation will be entered as an order of court.
IN WITNESS WHEREOF, the parties hereto set their hands and seals on the
dates of their acknowledgments.
"41
WITNESS
WITNESS
Tony W. Sennett, Father
Sherry L. a nett
n/k/a Sherry Failor
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