HomeMy WebLinkAbout05-2203IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY - PENNSYLVANIA
James Lee Whitsel : No. US -0203 C, u ? I--F
Plaintiff
Civil Action - Law
VS.
Sabrina Lynn Whitsel
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 in divorce or annulment may be
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 the custody or visitation rights 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
32 South Bedford Street
Carlisle, PA 17013
(717)-249-3166
A
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY - PENNSYLVANIA
James Lee Whitsel : No.
Plaintiff
Civil Action - Law
VS.
Sabrina Lynn Whitsel
Defendant
In Divorce
COMPLAINT UNDER SECTION 3301
OF THE DIVORCE CODE
1.
Plaintiff is James Lee Whitsel who currently resides at 250 Goodhart Road,
Shippensburg, Cumberland County, Pennsylvania, 17257, since May 15, 1991.
2.
Defendant is Sabrina Lynn Whitsel who currently resides at 451 Fullerton
Avenue, Cambridge Springs, Pennsylvania, since September 21, 2003.
,l.
Plaintiff and Defendant have been bona fide residents in the Commonwealth of
Pennsylvania for at least six months immediately previous to the filing of this complaint.
4.
The Plaintiff and Defendant were married on February 14, 1986 at Southampton
Township, Cumberland County, Pennsylvania.
5.
There have been no prior actions of divorce or for annulment between the
parties.
6.
The marriage is irretrievably broken.
7.
Plaintiff has been advised that counseling is available and that Plaintiff may have
the right to request that the Court require the parties to participate in counseling.
8.
Plaintiff requests the Court to enter a decree of divorce.
Wherefore Plaintiff requests that he be granted a divorce from the bonds of
matrimony.
Respectfully submitted.
C M ?
H. Anthony Adams, Esquire
Attorney for Plaintiff
49 West Orange Street
Shippensburg, PA 17257
(717)-532-3270
Supreme Court ID 25502
I verify that the statements made in this Complaint 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:
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY - PENNSYLVAIWaq
James Lee Whitsel : No. C) S - a a 0
Plaintiff
Civil Action - Law
VS.
In Divorce
Sabrina Lynn Whitsel
Defendant
ACCEPTANCE OF SERVICE
I accept service of the Complaint in Divorce. I certify that I am authorized
to accept service on behalf of defendant.
Date ?' VJ
commonwealth of Pennsylvania
Countyof 65 in:
Sabrina Lynn Whit 661
451 Fullerton Avenue"
Cambridge Springs, Pa 16403
Sworn to and subscribed-be ore me, •?
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY - PENNSYLVANIA
James Lee Whitsel :No. 05-2203 Civil Term
Plaintiff
Civil Action - Law
VS.
Sabrina Lynn Whitsel
Defendant
: In Divorce
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was
filed on April 28, 2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and
ninety days have elapsed from the date of filing of the Complaint and
service on Defendant.
3. I consent to the entry of the 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.
understand that false statements herein are made subject to the
Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
Date: ) _,? _US
penalties of 18
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY - PENNSYLVANIA
James Lee Whitsel :No. 05-2203 Civil Term
Plaintiff
Civil Action - Law
VS.
Sabrina Lynn Whitsel
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.
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: 0- I S
James Lee Whitsel
10 .
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY - PENNSYLVANIA
James Lee Whitsel : No. 05-2203 Civil Term
Plaintiff
Civil Action - Law
VS.
Sabrina Lynn Whitsel
Defendant
In Divorce
NOTICE
If you wish to deny any of the statements set forth in this affidavit, you must file
a counter-affidavit within twenty (20) days after this affidavit has been served on you
or the statements will be admitted.
AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE
The parties to this action separated on September 21, 2003 and have continued to live
separate and apart for a period of at least two years.
The marriage is irretrievably broken.
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 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.
Dater
amen Lee Whitsel, Plaintiff
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COURT OF CO WN PLEAS - C, JLK- `a-old
CIVIL ACTION - DIVORCE
Plaintiff
VS. -
Defendan
NO. 5- Of C'\ d, l T (-Q-ti
.COUNTER-AFFIDAVIT UNEER SII_ CN 3301 (d) OF = DIAL CCEE
1. Check either (a) or (b):
(a) I do not oppose the entry of a divorce decree.
(b) I oppose the entry of a divorce decree because
(Check (i), (ii) or both):
W The parties to this action have not lived separate
and for a period of at least two years.
(ii)The marriage is not irretrievably broken.
2. Check either (a) or (b):
(a) _ I do not wish to make any claims for economic relief. 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.
(b) ?X I wish to claim economic relief which may include alimony,
divison of property, lawyer's fees or expenses or other important
rights.
I understand that in addition to checking (b) above, :['must also file
all of my economic claims with the prothonotary in writing and serve them
on the other party. If I fail to do so before the date set forth on the
Notice of Intention to Request-Divorce-Decree, the divorce decree may he
entered without further notice to me, and I shall be unable thereafter to
file any economic claims.
I verify that the statements made in this counteraffidavit are true
and correct. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification
to authorities.
Date: 0, 7, 65-
LG?
Defendant
NOTICE: IF YOU DO NOT WISH TO OPPOSE TEE ENTRY OF A DIVORCE DECREE AND YOU DO
NOT WISE TO MARS ANY CE= FOR ECONOMIC RE=, YOU SHOULD NOT FILE THLS
COUN'lECt-AFFIDAVIT.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY - PENNSYLVANIA
James Lee Whitsel : No. 05-2203 Civil Term
Plaintiff
Civil Action - Law
VS.
Sabrina Lynn Whitsel
Defendant
In Divorce
SUPPLEMENTAL COMPLAINT IN DIVORCE
Now comes the Plaintiff, James Lee Whitsel, by and through his attorney and
sets forth the following:
1.
Plaintiff is James Lee Whitsel who currently resides at 250 Goodhart Road,
Shippensburg, Cumberland County, Pennsylvania.
2.
Defendant is Sabrina Lynn Whitsel who currently resides in a state correctional
institution at 451 Fullerton Avenue, Cambridge Springs, Pennsylvania.
3.
Plaintiff and Defendant have been bona fide residents in the Commonwealth of
Pennsylvania for at least six months immediately previous to the filing of this complaint.
4.
The Plaintiff and Defendant are husband and wife having been married on
February 14, 1986 at Southampton Township, Cumberland County, Pennsylvania.
5.
An action for divorce under section 3301 of the Divorce Code was commenced by
Plaintiff on or about April 28, 2005.
6.
Defendant was convicted on or about September 23, 2003 of two counts of
homicide by vehicle while driving under the influence and received a sentence of not
less then 8 years nor more than 20 years. A copy of the docket entries to her case are
attached to this Supplemental Complaint.
7.
Plaintiff claims as a ground for divorce that he is the innocent and injured spouse
and that the Defendant has been sentenced to imprisonment for two or more years
upon her conviction o the crime of homicide pursuant to 23 Pa. C.S.A. § 3301 (a) (5).
8.
Defendant should be ordered to pay from any settlement to her by order or
agreement Plaintiff's counsel fees in an amount not less than $5,000.00.
Wherefore Plaintiff requests that he be granted a divorce from the bonds of
matrimony.
Respectfully submitted.
H. Anthony Adams, Esquire
Attorney for Plaintiff
49 West Orange Street
Shippensburg, PA 17257
(717)-532-3270
Supreme Court ID 25502
I verify that the statements made in this Complaint 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:
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IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY
FAMILY COURT DIVISION
Gr l ??,? I TERM, 20
NO. 05--a.903 C I v; l Wnryx
vs. -?- ?, IN DIVORCE
CAUSE: IRRETRIEVABLE BREAKDOWN
SECTION 3301(d)
COUNTER-AFFIDAVIT UNDER SECTION
3301(D) OF THE DIVORCE CODE
1. Check either (a) or (b):
(a) I do not oppose the entry of a divorce decree.
W411 "oppose the entry of a divorce decree because
(Check (i), (ii) or both):
(i) The parties to this action have not lived separate and apart for a period of at least two
years.
L,(ii?The marriage is not irretrievably broken.
2. Check either (a) or (b):
. (a) I do not wish to make any claims for economic relief. 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.
(wish to claim economic relief which my include alimon
fees or expenses or other important rights. Y, division of property, lawyer s
I verify that the statements made in this counteraffidavit 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: 5- ` Q-4 " Q 6
Plaintiff/Defendant
NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish
to make any claim for economic relief, you need not file this counteraffidavit.
225
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CERTIFICATE OF SERVICE
I, hereby state.that I have caused copies of the foregoing
petition/motion to be served on the persons indicated, by
placing same in the United St4tes repository at SCI-Cambridge
Springs. In accordance with the Smith v. PBPP, 683 A.2d'278.
Postage prepaid and addressed as follows:
FIRST CLASS MAIL,POSTAGE PREPAID
SWORN D UBSCRIBED EFO M
THIS A OF O
Jog
NOTARY PUBLIC
Dated: J - + Q(p
Respectfully submitted
Name
Print name Sabre rxi Wh;fsel
DOC# ah5?a
Address 415
cam . br -.-, R• I &*D3
J
Notarial Seal
Robin L. Weidner, Notary Public
Cambridge Springs Brno, Crawford County
My Commission Expires Jan. 24, 2007
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY - PENNSYLVANIA
James Lee Whitsel
Plaintiff
VS.
Sabrina Lynn Whitsel
Defendant
: No. 05-2203 Civil Term
Civil Action - Law
In Divorce
MOTION FOR APPOINTMENT OF MASTER
James Lee Whitsel, Plaintiff, moves the court to appoint a master with
respect to the following claim:
(X) Divorce
( ) Annulment
( ) Alimony
( ) Alimony Pendente Lite
( ) Distribution of Property
( ) Support
( ) Counsel Fees
( ) Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claim for which the appointment
of a master is requested.
(2) The defendant has appeared in the action personally.
(3) The statutory ground (s) for divorce is 23 Pa. C.S. A. § 3301
(a) (5).
(4) The action does not involve complex issues of law or fact.
(5) The hearing is expected to take 1 hour.
(6) Additional information relevant to the motion: Defendant is -71 Date: k.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY - PENNSYLVANIA
JUL 18 2006
James Lee Whitsel : No. 05-2203 Civil Term
Plaintiff
Civil Action - Law
VS.
In Divorce
Sabrina Lynn Whitsel
Defendant
ORDER APPOINTING MASTER
AND NOW ao 2006, E. Robert Elicker, II Esquire,
is appointed master ith re pest to the following claim: Divorce
By a Court
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY - PENNSYLVANIA
James Lee Whitsel : No. 05-2203 Civil Term
Plaintiff
Civil Action - Law
VS.
Sabrina Lynn Whitsel
Defendant
: In Divorce
ANSWER TO DEFENDANT'S
MOTION FOR DISCOVERY
Plaintiff objects to the discovery requested. It is not relevant to the
matter before the master.
H. Anthony Adams
Attorney for Plaintiff
49 West Orange Street, Suite 3
Shippensburg, Pa. 17257
Supreme Court Id #25502
C
JAMES LEE WHITSEL,
Plaintiff
VS.
SABRINA LYNN WHITSEL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 05 - 2203 CIVIL
IN DIVORCE
MASTER'S REPORT
AND TRANSCRIPT OF PROCEEDINGS
Proceedings held before
E. Robert Elicker, II, Divorce Master
9 North Hanover Street, Carlisle, PA 17013
proceedings held on December 13, 2006
commencing at 10:00 a.m.
APPEARANCES:
H. Anthony Adams
Attorney for Plaintiff
Sabrina Lynn Whitsel (did not appear)
Defendant
0
1 THE MASTER: Today is Wednesday, December 13,
2 2006. This is the date set for a hearing in the
3 above-captioned divorce proceedings. Present in the hearing
4 room are the Plaintiff, James Lee Whitsel, and his counsel
5 H. Anthony Adams. The Defendant, Sabrina Lynn Whitsel, has
6 not appeared. It is noted that she currently is
7 incarcerated in the Muncy Penitentiary. The Master refers
8 to a letter which is in the file, which she wrote indicating
9 that she acknowledged that she was scheduled for a hearing
10 today and that she would write with a phone number and a
11 counsel's name when she got to Muncy, as she was being
12 transferred on Friday, December 1, 2006. We did send a
13 notice to Mrs. Whitsel with a time and date of today's
14 hearing and we have not had any further response from her
15 regarding her intention to participate. Mr. Adams, have you
16 had any contact with Mrs. Whitsel?
17 MR. ADAMS: No, I have not. I thought under
18 the Rules of Professional Responsibilities, since she has
19 not been represented, that it would be best that I not
20 contact her or try to make any arrangements with her, trying
21 to be cautious that she would not think that I am giving her
22 any advice, counseling, or concept of how she should
23 proceed.
24 THE MASTER: The complaint in divorce was
25 filed on April 28, 2005, raising grounds for divorce of
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1 irretrievable breakdown of the marriage. We have an
2 affidavit and waiver signed by Mr. Whitsel in the file but
3 Mrs. Whitsel has not signed similar documents so we cannot
4 conclude the divorce under Section 3301(c). An affidavit
5 under 3301(d) was also filed averring a separation in excess
6 of two years. However, on January 10, 2006, the Plaintiff
7 filed a supplemental complaint averring grounds for divorce
8 under Section 23 Pa. C.S.A 3301(a)(5) claiming that the
9 Plaintiff is an innocent and injured spouse and that the
10 Defendant has been sentenced to imprisonment for two or more
11 years upon conviction of a crime.
12 Off the record.
13 (A discussion was held off the record.)
14 THE MASTER: Do you have any witnesses other
15 than the Plaintiff?
16 MR. ADAMS: I do not.
17 THE MASTER: Please swear Mr. Whitsel.
18 Whereupon, JAMES LEE WHITSEL, having been
19 duly sworn, testified as follows:
20 DIRECT EXAMINATION
21 BY MR. ADAMS:
22 Q Would you state your name, please.
23 A James Lee Whitsel.
24 Q Mr. Whitsel, where do you reside?
25 A 250 Goodhart Road, Shippensburg, PA 17257.
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1 Q How long have you lived there?
2 A Sixteen years.
3 THE MASTER: Is that in Cumberland County?
4 THE WITNESS: Yes, it is.
5 BY MR. ADAMS:
6 Q And how long have you been a resident of the
7 Commonwealth of Pennsylvania?
8 A For 47 years.
9 Q Is that 47 years going backwards from today
10 continuously?
11 A Yes.
12 Q You are married?
13 A Yes.
14 Q And to whom are you married?
15 A Sabrina Lynn Whitsel.
16 Q Do you know the date of your marriage?
17 A February 14, 1985.
18 Q I'm going to show you a copy of your
19 complaint and see if that refreshes your recollection as to
20 the date of y our marriage?
21 A Okay. 1986.
22 Q You had previously said '85, do you believe
23 186 is accura te?
24 A Yes, I do.
25 Q And where were you married?
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At my father-in-law's home in Cumberland
Q And is that in Southampton township in the
Shippensburg area?
A That's correct.
Q Have you ever had any prior actions
concerning divorce or annulment of this particular marriage?
A No.
Q Have you ever been married before this?
A Yes.
Q How many times?
A Once.
Q To your knowledge, had your wife -- your wife
is Sabrina Whitsel?
A Yes.
Q Had she ever been married before?
A No.
Q At some point in time your wife Sabrina
Whitsel was arrested; is that correct?
A Yes.
Q Did that concern deaths that occurred during
a car accident?
A Yes, it did.
Q And in any way -- you had no participation in
the night that caused her arrest, did you?
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A No, sir.
Q You are alleging that that is a ground for
divorce, that she has been incarcerated for a period in
excess of two years?
A Yes.
Q Not telling me exactly what it is, but what
is your understanding of how long a period of time she is
going to be incarcerated?
A My understanding was that after two years of
filing for a divorce and she was incarcerated, that I could
be granted a divorce.
Q How many years was she sentenced?
A Eight to twenty.
THE MASTER: How many years has she served so
far?
THE WITNESS: Three years and four months.
BY MR. ADAMS:
Q And you understand that today deals solely
with your request of divorce because of her incarceration
and no property issues?
A Yes.
Q Had you entered into a separation agreement
with her at any point in time?
A Yes.
MR. ADAMS: That's all I have.
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THE MASTER: I will note, to confirm Mr.
Whitsel's statement, that no economic claims have been
raised by either party in the proceedings. Mrs. Whitsel
indicated in a counter-affidavit under Section 3301(d) that
she filed that she wished to raise claims but there does not
appear to be any claims raised by pleadings or petition or
complaint or counterclaim in the action.
Mr. Adams, part of your proof is that the
Plaintiff is an innocent and injured spouse. Do you want to
address some comments on the record about that part of the
requirement of the code?
MR. ADAMS: My understanding would be that
that issue would go to the reason for divorce, if I remember
those issues correctly; that's about thirty years ago.
THE MASTER: As I read that statute,
prefacing this Section 3301(a) in the statute, it lists the
different grounds, and "innocent and injured spouse" I
believe is mentioned in the preface to those grounds,
relates to these particular grounds, do you agree with that?
MR. ADAMS: I agree with that.
BY MR. ADAMS:
Q During the marriage, did you do anything to
cause the dissolution on the basis for which you have
requested a divorce?
A No.
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Q Do you feel that you have done anything to
cause your wife, Sabrina, any particular harm or to cause
her to act in a way that resulted in her incarceration?
A No.
THE MASTER:
affidavit under 3301(d), on
date that she began her imp
THE WITNESS:
THE MASTER:
marriage?
You separated, according to your
September 21, 2003. Is that the
risonment?
Yes.
Are there any children of the
THE WITNESS: Yes.
THE MASTER: What is the status of those
children?
THE WITNESS: The one is residing with me.
The other one no lo nger lives with me.
BY THE MASTER:
Q What are their ages?
A The youngest one is 17. The other one is 18.
Q Boy, girl?
A Two boys.
Q And the 17 year old is still in high school?
A Yes, he is.
Q And lives with you and you provide his
support?
A Yes, I do.
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support?
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Q Does she contribute anything toward the
A No.
Q And the other boy is out of school?
A Yes, he is.
Q And what is he doing?
A Actually he was in a severe car accident and
he is laid up for several months.
THE MASTER: Okay. Mr. Adams, you can
proceed.
MR. ADAMS: I would like to have this marked
as Plaintiff's Exhibit No. 1. I would then offer it as
evidence in this particular case under 426103, proof of
official records, and I offer it as self authenticated under
rule of evidence 902 Subsection 4.
(Whereupon, Plaintiff's Exhibit No. 1 was
identified and admitted into evidence.)
THE MASTER: Can you briefly summarize what
those records say?
MR. ADAMS: It is a complete copy of the
docket entries of Franklin County in the case of
Commonwealth vs. Sabrina Whitsel and on pages 6 and 7 of 16,
it sets forth the periods of incarceration that were imposed
on Sabrina Whitsel by President Judge John R. Walker, being
two separate sentences on two separate counts, each sentence
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48 months to no more than 120 months to run consecutive to
each other.
In the supplemental complaint, I think I
requested counsel fees. We are going to abandon that
request. Mrs. Whitsel would not be in a position to pay
counsel fees for a very long period of time.
THE MASTER: You requested $5,000.00 in
counsel fees and you are withdrawing that request?
MR. ADAMS: We are.
RECObNENDATION
After hearing the testimony of Mr. Whitsel,
his counsel, and having his counsel present an exhibit, the
records from Franklin County confirming that the Defendant
is incarcerated for a period in excess of two years, and the
Master being satisfied that the Plaintiff is an innocent and
injured spouse, the Master recommends that the Plaintiff be
granted a divorce under Section 3301(a)(5) of the Divorce
Code.
Inasmuch as Mr. Adams and Mr. Whitsel have
withdrawn the claim for counsel fees as raised in the
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supplemental complaint, the Master makes no findings with
regard to the previous request for counsel fees.
Respectfully submitted,
jpze?
E. Robert Elicker, II
Divorce Master
10
Docket Number: CP-28-CR-0000203-2003
CRIMINAL DOCKET
Court Case
Commonwealth of Pennsylvania
V.
Sabrina L Whitsel
Page 1 of 16
RIM
a
a Yq, '1
i,.
Judge Assigned: Migrated, Judge Date it : 01/29/2003 Initiation Date: 01/29/2003
OTN: H6463693 Lower Court Docket No: CR-0000626-02
Initial Issuing Authority: Larry K Meminger Final Issuing Authori : Larry K Meminger
Arresting Agenck Chambersburg Psp Arrestina Officer: Affiant
Case Local Number Type(s) Case Local Number(s)
Legacy Docket Number C02032003 ggp
Case Status: Adjudicated Processing Status: Awaiting Appellate Court Decision Arrest Date: 12/13/2002
Completed
Migrated Case
Complaint Date: 12/27/2002
MIEW
Year Of Birth:
Alias Name
Sabrina, Lynn Whitsel
Participant Tvpe
Defendant
Whitsel, Sabrina L.
Bail Action
Set
Name
Whitsel, Sabrina L.
Date Bail Type
12/30/2002 Migrated Bail Type
Percentaae Amount
$50,000.00
Nebbia Status: None
Bail Postino Status Postina Date
Posted 12/30/2002
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9181
1964 Ci y/State/Zi - Cambridge Springs, PA 16403-1238
^r 'tip =jt?. 4 a'Docket Number: CP-28-CR-0000203-2003
CRIMINAL DOCKET
Court Case
Commonwealth of Pennsylvania
V.
Sabrina L Whitsel
Page 2 of 16
s
_ o F a;
5eguence Grade Section/ Descri tp ion Statute Description
Offense OTN
pAle
1 F2 75 § 3735 §§A Homi By Veh While Dr Under The Infl 12/13/2002 H6463693
1 M2 75 §3731 §§A1- Driving Under The Influence Of Alcohol 12/13/2002 H6463693
2 M2 75 § 3731 §§A2- Dr Un The Inf Of Contro Substan 12/13/2002 H6463693
2
W F2 75 §3735 §§A Homi By Veh While Dr Under The Infl 12/13/2002 H6463693
3 M2 75 § 3731 §§A3-
M Dr Und The Inf OfAlco & Cont Subs 12/13/2002 H6463693
3 M2 75§ 3731
§§A1- Driving Under The Influence Of Alcohol 12/13/2002 H6463693
4 M2 75 § 3731 §§A2- Dr Un The Inf Of Contro Substan 12/13/2002 H6463693
4 M2 75 § 3731 §§A4- Dr W/BI Alc Lev.10% Or Greater 12/13/2002 H6463693
5 F2 75§ 3735 §§A Homi By Veh While Dr Under The Infl 12/13/2002 H6463693
5 M2 75 § 3731 §§A3- Dr Und The Inf Of Alco & Cont Subs 12/13/2002 H6463693
6 M2 75 § 3731 §§A4- Dr W/BI Alc Lev .10% Or Greater 12/13/2002 H6463693
6 F2 76§ 3735 §§A Homi By Veh While Dr Under The Infl 12/13/2002 H6463693
7 S 75§ 3309 §§1 Disregard Traffic Lane (Single) 12/13/2002 H6463693
8 S
... 75§ 3714
y Careless Driving 12/13/2002 H6463693
9 S 75 §3361 Driving At Safe Speed 12/13/2002 H6463693
OPC 9082 - Rev 12/11/2008 Printed: 12/11/2008
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
101, alft
I
(Name:
Supreme Court No:
Docket Number: CP-28-CR-0000203-2003
CRIMINAL DOCKET
Commonwealth of Pennsylvania
V.
Sabrina L Whitsel
Name: Laura Jeanette Kerstetter
Court Appointed - Private
Supreme Court No: 093933
Counsel Status: Active
Phone Number(s):
(717) 762-8028 (Phone)
(717) 762-9325 (Fax)
Address:
Weisbrod, Eric J., Law Offices of, LLC
Law Ofc of Eric Weisbrod LLC
2025 E Main Street
Waynesboro PA 17268
Representing: Whitsel, Sabrina L.
(717) 762-8028 (Phone)
(717) 762-9325 (Fax)
Address:
Weisbrod, Eric J., Law Offices of, LLC
Law Ofc of Eric Weisbrod LLC
100 Walnut Street
Waynesboro PA 17268
Representing: Whitsel, Sabrina L.
Court Case
Page 3 of 16
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
on&
Docket Number: CP-28-CR-0000203-2003
CRIMINAL DOCKET
Commonwealth of Pennsylvania
V.
Sabrina L Whitsel
Court Case
Page 4 of 16
l t _ ...?, r -w ggyy
Document/Sequence CP Filed Date
Title
Comments
Registry Entry
Issue Date Status Date Service Type
1 01/07/2003
Filed 1/7/03 CINDY ROBINSON, DEPUTY
Document Date Filed By
Service Status
Service To
Migrated, Filer
NOW, this 7 TH day of JANUARY, 2003.... The Public Defender's Office is appointed counsel for said Defendant.
Filed 1/7/03 CINDY ROBINSON, DEPUTY William A. Sheaffer, Ct. Adm.
1 01/29/2003
Original Papers Received from Lower Court
03/11/2003
filed 3/11/03, Donna Reese, dp clk
3/11/03, Information filed on counts
03/12/2003
Unknown Filer
Migrated, Filer
1/2/3 filed 3/11/03, Donna Reese, dp clk
Migrated, Filer
filed Evelyn Coldsmith, deputy
STATEMENT OF RIGHTS, 03/12103 defendant having waived further arraignment, entered a plea of NOT GUILTY. Trial
is set for May 12, 2003 filed Evelyn Coldsmith, deputy
1 03/17/2003 Migrated, Filer
filed 03/17/03 Rhonda Amon, dep
REQUEST FOR BILL OF PARTICULARS by Deborah Hoff, Esq. filed 03117/03 Rhonda Amon, dep
1 03/24/2003 Migrated, Filer
filed 03/24/03 Donna Reese, deputy
BILL OF PARTICULARS by Nancy Meyers, Assist DA filed 03/24/03 Donna Reese, deputy
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
Court Case
Commonwealth of Pennsylvania Page 5 of 16
V.
Sabrina L Whitsel
Document/Seauence CP Filed Date
Title
Comments
Registry. Entry
Issue Date Status Date Service Type
04/28/2003
Service To
Migrated, Filer
Service Status
by the Court, John R. Walker, Judge
ORDER OF COURT, NOW, 04/2812003 The defendant's application for a continuance is granted and the trial of the
above captioned case is continued until 07/14/2003 The time between today and 07/14/2003 is excluded from the
period for commencement of trial under Pa.R.Crim.P. 1100. Or new RULE 600. filed 04/28/2003 Rhonda Amon, dep
by the Court, John R. Walker, Judge
06/04/2003 Migrated, Filer
filed 06/04/2003 Evelyn Coldsmith,
BILL OF PARTICULARS by Nancy Meyers, esq filed 06/04/2003 Evelyn Coldsmith, dep
06/30/2003
by the Court, Carol L. Van Horn, Ju
Migrated, Filer
ORDER OF COURT, NOW, 06/30/2003 waiver of Jury Trial is approved, and the Trial by Judge without a Jury is set for
08/21/2003 at o'cl9:30 filed 06/30/2003 Cindy Robinson, dep by the Court, Carol L. Van Horn, Judge
08/21/2003 Migrated, Filer
by the Court, John R. Walker, Judge
ORDER OF COURT, 08/21/2003 Defendant being present in Court, represented by D. Hoff, esq and after inquiry by
the Court and the approval of counsel, defendant entered a plea of NOLO CONTENDERE to DUI, 2cts homicide by
veh while DUI The Court finds that a presentence report is required and sentence is deferred until Friday 09/26/03
at 1:30 p.m. colloquy attached (x) The defendant shall undergo a drug and alcohol assessment/eval. The cost of
this evaluation shall be paid by the Co of Franklin and the expense shall be affixed to the defendant's court costs. (x)
The defendant shall surrender her operator's license to the Clerk of Courts. filed 0812112003 Amy Appenzellar, dep by
the Court, John R. Walker, Judge
09/26/2003 Migrated, Filer
September 26, 2003,CERTIFICATION TO
September 26, 2003,CERTIFICATION TO PENNDOT. Martha Burkholder, Dep.
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
m M k R
MON . v
aft
Docket Number: CP-28-CR-0000203-2003
4*b CRIMINAL DOCKET
Court Case
Commonwealth of Pennsylvania
V.
Sabrina L Whitsel
Page 6 of 16
1 11 NOW
Document/Sequence CP Filed Date Document Date Filed By
Title
Comments
Registry Entry
Issue Date Status Date Service Tape Service Status Service Lo
09/26/2003 Migrated, Filer
by the Court, John R. Walker, Judge
ORDER OF COURT, 09/26/2003, the Court sentences the defendant to pay the costs of prosecution, pay a fine of
$500.00 and () undergo imprisonment in the FRANKLIN COUNTY PRISON (x) undergo imprisonment in the STATE
CORRECTIONAL INSTITUTION for a period of not less than 48 months nor more than 120 months to be computed
from 09/2612003 and stand committed until sentence is complied with. ( ) This sentence shall be served
CONCURRENTLY WITH() This sentence shall be served AT THE EXPIRATION OF the sentence imposed in Criminal
Action No. ( ) The defendant is given credit for time previously served. ( ) Upon the completion of
the above-mentioned period of incarceration in the ( ) Franklin County Prison ( ) STATE CORRECTIONAL
INSTITUTION () The defendant is placed on PROBATION for a period of months upon the condition the defendant
shall pay the costs of prosecution, pay the sum of $ to the ( )Use of County ( )FC Law Library. The defendant
is placed under the supervision of: ( ) The State Board of Probation and Parole subject to the Conditions Governing
Special Probation established by the Board. ( ) The Franklin County Probation Department subject to the Rules and
Special Conditions for Probation/Parole approved by the Court. ( ) The defendant given credit for monies previously
paid in the case. ( ) The defendant shall pay the balance of any monies previously ordered in this case. () The Court
sentences the defendant to pay the costs of prosecution pay the fine of $ . It is
further ordered that: ( ) the following special conditions are imposed ( )Mental Health Treatment ( )Drug/Alcohol
Treatment ( )Domestic Violence Treatment ( )Stress/Anger Management Treatment ( )other: (x) (the Court finds that
an automobile was essentially involved in the commission of the offense) the Court directs a copy of this Order be
transmitted to the DEPT OF TRANSPORTATION for appropriate action. ( ) the defendant shall surrender his or her
OPERATOR'S LICENSE to the Clerk of Courts for transmission to the Secretary Transportation for revocation
according to law. () the defendant is eligible for participation in the FRANKLIN COUNTY PRE-RELEASE PROGRAM
in accordance with the terms and conditions authorized by the Court. (x) RESTITUTION shall be made in the amount
of $10,631.65 to Estes Express Lines and $1,167.13 to US Express Leasing, Inc. ( ) RESTITUTION will be
determined to be due and payable by the Court. (x) the defendant shall pay a fine of $10.00 EMS Act & $ 30.OOPa
CAT (x) the defendant shall pay a fee for supervision pursuant to ACT 35. ( ) the defendant shall pay a fee for
Laboratory user's fee ( ) the defendant shall undergo mandatory DNA testing and pay $ (x) the defendant shall not
consume any alcholic beverages or control- led sustances and will be subject to random testing ensure compliance. (
) the defendant shall have no contact with the victim(s) (x) Defendant shall complete DUI school. filed 09/26/2003
Rhonda Amon, dep by the Court, John R. Walker, Judge
--- -' -' ""--' Printed: 12/11/2006
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
Commonwealth of Pennsylvania
V.
Sabrina L Whitsel
Page 7 of 16
Document/Sequence CP Filed Date Document Date Filed B
Title
Comments
Registry Entry
Issue Date Status Date Service Type Service Status Service To
3 09/26/2003 Migrated, Filer
by the Court, John R. Walker, Judge
ORDER OF COURT, 09/26/2003, the Court sentences the defendant to pay the costs of prosecution, pay a fine of
$500.00 and () undergo imprisonment in the FRANKLIN COUNTY PRISON (x) undergo imprisonment in the STATE
CORRECTIONAL INSTITUTION for a period of not less than 48 months nor more than 120 months to be computed
from and stand committed until sentence is complied with. () This sentence shall be served CONCURRENTLY WITH
(x) This sentence shall be served AT THE EXPIRATION OF the sentence imposed in Criminal Action No. 203-2003 Ct
2 ( ) The defendant is given credit for time previously served. ( ) Upon the completion of the
above-mentioned period of incarceration in the O Franklin County Prison O STATE CORRECTIONAL INSTITUTION ()
The defendant is placed on PROBATION for a period of months upon the condition the defendant shall pay the
costs of prosecution, pay the sum of $ to the ( )Use of County ( )FC Law Library. The defendant is placed
under the supervision of: ( ) The State Board of Probation and Parole subject to the Conditions Governing Special
Probation established by the Board. ( ) The Franklin County Probation Department subject to the Rules and Special
Conditions for Probation/Parole approved by the Court. () The defendant given credit for monies previously paid in the
case. ( ) The defendant shall pay the balance of any monies previously ordered in this case. () The Court sentences
the defendant to pay the costs of prosecution pay the fine of $ . It is further ordered
that: ( ) the following special conditions are imposed ( )Mental Health Treatment ( )Drug/Alcohol Treatment (
)Domestic Violence Treatment ()Stress/Anger Management Treatment ()other: (x) (the Court finds that an automobile
was essentially involved in the commission of the offense) the Court directs a copy of this Order be transmitted to the
DEPT OF TRANSPORTATION for appropriate action. ( ) the defendant shall surrender his or her OPERATOR'S
LICENSE to the Clerk of Courts for transmission to the Secretary Transportation for revocation according to law. ( )
the defendant is eligible for participation in the FRANKLIN COUNTY PRE-RELEASE PROGRAM in accordance with
the terms and conditions authorized by the Court. ( ) RESTITUTION shall be made in the amount of $ to ( )
RESTITUTION will be determined to be due and payable by the Court. (x) the defendant shall pay a fine of $10.00
EMS Act & $ 30.OOPa CAT (x) the defendant shall pay a fee for supervision pursuant to ACT 35. ( ) the defendant
shall pay a fee for Laboratory user's fee ( ) the defendant shall undergo mandatory DNA testing and pay $ (x) the
defendant shall not consume any alcholic beverages or control- led sustances and will be subject to random testing
ensure compliance. ( ) the defendant shall have no contact with the victim(s) filed 09/26/2003 Rhonda Amon, dep by
the Court, John R. Walker, Judge
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OPC 9082 - Rev 12111/2008 Printed: 12/11/2008
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
-qk
Docket Number: CP-28-CR-0000203-2003
CRIMINAL DOCKET
Commonwealth of Pennsylvania
V.
Sabrina L Whitsel
Court Case
Page 8 of 16
+v
• yd sY f?yE<Yp *...f.+ f.A ?yb £C ?S. ' }:?.k
rv3` ": hex ,.'?.: .{ . ;•. +,^...y.
Document/Seauence CP Filed Date
Title
Comments
Regist Entry
Issue Date Status Date Service Tyne
Document Date Filed By
Service Status Service To
4 09/26/2003 Migrated, Filer
filed 09/26/2003 Rhonda Amon, dep
SENTENCING GUIDELINE RECEIVED filed 09/2612003 Rhonda Amon, dep
10/08/2003
Migrated, Filer
FILED 10/08/03, Cindy Robinson, dp
STATEMENT OF THE COURT'S COMMENTS dated September 26, 2003. LODGED 10/03/03 FILED 10/08/03, Cindy
Robinson, dp clk
10/27/2003
Migrated, Filer
filed Cindy Robinson, deputy
NOW October 27, 2003 Application for Leave to Appeal in Forma Pauperis in the above entitled matter have been
presented to me, read, considered and ordered filed, it is hereby ordered that the above- named defendant is hereby
granted Leave to Appeal in Forma Pauperis. filed 10/27/03 Cindy Robinson, deputy William E. Vandrew, Clerk of
Courts October 27, 2003NOTICE OF APPEAL by Deborah K. Hoff, Esq. filed Cindy Robinson, deputy
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2 10/27/2003 Migrated, Filer
filed Cindy Robinson, deputy
October 27, 2003, REQUEST FOR TRANSCRIPT(S) filed Cindy Robinson, deputy
-. - ---- "-"" ...-""- Printed: 12/11/2008
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth In 18 Pa.C.S. Section 9183.
»?. [r} r r? k - N rt
Docket Number: CP-28-CR-0000203-2003
CRIMINAL DOCKET
Court Case
Commonwealth of Pennsylvania Page 9 of 16
V.
Sabrina L Whitsel
Document/Seauence CP Filed Date Document Date Filed
Title
Comments
Registry Entry
Issue Date Status Date Service Tvoe Service Status Service To
11/03/2003 Migrated, Filer
Martha Burkholder, deputy
November 3, 2003, it appearing to the court that Sabrina Lynn Whitsel, defendant, has served on the court notice of
appeal in the above-captioned case to the Superior Court of Pennsylvania from the order entered in this matter on
September 26, 2003, and this court being uncertain as to the basis of the appeal, IT IS ORDERED that the defendant
is directed to file of record forthwith in the court A CONCISE STATEMENT OF THE MATTERS COMPLAINED OF ON
APPEAL, AND SUBMIT TOTHE COURT ACOPY THEREOF TOGETHER WITH CITATIONS OF ANY AUTHORITIES
RELIED UPON IN THE FORM OF A BRIEF. Failure to comply with the foregoing direction may be considered by the
appellate court as a waiver of all objections. Pa.R.A.P. 1925(b). Counsel is also directed to serve upon the court
reporter a statement of the portions of the record that must be transcribed. The statement of matters complained of
shall be filed within four- teen (14) days from this date and a copy of the STATEMENT and BRIEF submitted to the
undersigned judge within the same 14 days. filed November 3, 2003 By the Court, Martha Burkholder, deputy
John R. Walker, P.J.
11/12/2003
Migrated, Filer
Rhonda Amon, deputy
TRANSCRIPT OF PROCEEDINGS OF SENTENCING (09-26-03) lodged November 7, 2003 filed November 12,
2003 Rhonda Amon, deputy
11/17/2003
Migrated, Filer
filed Martha Burholder, deputy
November 17, 2003, CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL by Deborah Hoff, Esq.
filed Martha Burholder, deputy
01/09/2004 Migrated, Filer
filed Rhonda Amon, deputy
January 9, 2004, OPINION IN SUPPORT OF SENTENCE BY JOHN R. WALKER filed Rhonda Amon, deputy
Printed: 12/1
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
Docket Number: CP-28-CR-0000203-2003
CRIMINAL DOCKET
Commonwealth of Pennsylvania
V.
Sabrina L Whitsel
Court Case
Page 11 of 16
Document/Seguence QP Filed Date
Title
Comments
Registry Entry
Issue Date Status Date Service Type
1 12/02/2005
Order/Rule To Show Cause
Document Data Filed By
Service Status
Service To
Walker, John R.
A rule is granted upon the Commonwealth of Pa. to show cause why a hearing should not be granted. The rule is
returnable on or before 1/3/2006. The request to proceed as a person, without the payment to costs, is granted. Upon
finding that defendant is unable to obtain a lawyer Laura A. Kerstetter Esq., is appointed to represent her.
12/07/2005 First Class Franklin County District Attorney's
Office
12/07/2005 First Class Whitsel, Sabrina L.
12107/2005 First Class Kerstetter, Laura Jeanette
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
01/03/2006 Franklin County District Attorney's Office
Answer to PCRA/Motion to Compel Amended Petition
COMMONWEALTH'S ANSWER TO DEFENDANT'S POST CONVICTION RELIEF ACT PETITION AND MOTION TO
COMPEL AMENDED PETITION
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1 01/05/2006 Walker, John R.
Amended & Specific PCRA Petition Filed
IT IS HEREBY ORDERED that defendant's PCRA counsel, Laura J. Kerstetter, Esq., filed an amended and more
specific Petition outlining the defendant's claims of ineffectiveness. Amended Petition to be filed within 60 days of
service of this Order Of Court.
01105/2006 First Class Franklin County District Attorney's
Office
01/05/2006 First Class Kerstetter, Laura Jeanette
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1 03/06/2006 Kerstetter, Laura Jeanette
Motion To Withdraw As Court-Appointed PCRA Counsel
2 03/06/2006 Kerstetter, Laura Jeanette
No Merit Letter In Support Or Request To Withdraw as Court-Appointed PCRA Counsel
Printed: 1211
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
• 0
Document/Seguence CP Filed Date
Document Dalq Filed By
Title
Comments
Registry Entry
Issue Date Status Date Service Type
Service Status
Service To
04/07/2004
Filed 04/07/2004, Martha Burkholder
Migrated, Filer
APPLICATON FOR ORDER MANDATING THE CLERK OF COURTS AND/OR COURT STENOGRAPHER, TO
FURNISH COURT RECORDS AND TRANSCRIBED NOTES OF TESTIMONY, IN FORMA PAUPERIS BY Sabrina
Whitsel, Pro Se Filed 04/07/2004, Martha Burkholder, DP
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1 04/15/2004 Migrated, Filer
By the Court, John R. Walker, JUDGE
ORDER OF COURT, April 15, 2004, the Court has reviewed Defendant's "APPLICATION FOR ORDER MANDATING
THE CLERK OF COURTS AND/OR COURT STENOGRAPHER, TO FURNISH COURT RECORDS AND
TRANSCRIBED NOTES OF TESTIMONY, IN FORMA PAUPERIS" and the following order is entered: The Defendant
has appealed this Court's September 9, 2003 order sentencing to the Superior Court of Pennsylvania. The case is
still before the Superior Court. As such, this Court lacks jurisdiction until the Superior Court sends the case back.
The Defendant's motion is denied at this time. Filed 04/15/2004, Amy Appenzellar, DP By the Court, John R. Walker,
JUDGE
1 01/03/2005
Filed 01/03/2005, Rhonda Amon, DEP
Migrated, Filer
IN THE SUPREME COURT OF PENNSYLVANIA, No. 799 MAL 2004, Petition for Allowance of Appeal from the Order
of the Superior Court, ORDER PER CURIAM AND NOW, this 2nd day of December 2004, the Petition for Allowance
of Appeal is hereby DENIED. BY Irene M. Bizzoso, DEP. PROTHONOTARY Filed 01/03/2005, Rhonda Amon, DEP
01/06/2005
Filed 01/06/2005, Rhonda Amon, DEP
Migrated, Filer
IN THE SUPERIOR COURT OF PENNSYLVANIA No. 1707 HARRISBURG, MDA 2 Appeal from the September 26,
2003 JUDGMENT, On consideration where- of, it is now ordered and adjudged by this Court that the judgment of the
Court of Common Pleas of Franklin County be, and the same is here- by AFFIRMED. BY David A. Szewczak, ESQ
Filed 01/06/2005, Rhonda Amon, DEP
1 12/01/2005
Post-Conviction Collateral Relief Act Motion
Whitsel, Sabrina L.
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
U
0
v u . r, j?ltir'ba h J:x .t. "o !.., a o " s
Docket Number: CP-28-CR-0000203-2003
?. CRIMINAL DOCKET
Court Case
Commonwealth of Pennsylvania
V.
Sabrina L Whitsel
Page 12 of 16
77
F'N iy•..
41
Document/Seauence CP Filed Date
Title
Comments
Registry_ Entry
Issue Date Status Date Service Tyne
03/10/2006
PCRA Petition Dismissed/Counsel Withdrawn
Document Date Filed
Service Status
Service To
Walker, John R.
Upon review of the record and the no-merit letter submitted to the Court by Laura Kerstetter, Esq., the Court HEREBY
ORDERES that the Defendant's PCRA petition is DISMISSED because the defendant has failed to raise any
meritorious claims in her PCRA petition..... The Court having reviewed the court-appointed counsel's no-merit letter,
HEREBY GRANTS the request of Laura Kerstetter, Esq. to withdraw as counsel in this post-conviction relief
action........
03/10/2006 First Class Franklin County District Attorney's
03/10/2006 First Class
03/10/2006 First Class
Office
Kerstetter, Laura Jeanette
Whitsel, Sabrina L.
1 03/24/2006 Whitsel, Sabrina L.
Pro Se Correspondence - letter for appeal
1 03/31/2006 Whitsei, Sabrina L.
Notice of Appeal to the Superior Court
2 03131/2006 Whitsel, Sabrina L.
Request for Transcript
3 03131 /2006 Whitsel, Sabrina L.
Motion to Proceed In Forma Pauperis
4 03/31/2006 Whitsel, Sabrina L.
Motion for New Counsel
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
•
0
Commonwealth of Pennsylvania
V.
Sabrina L Whitsel
Page 13 of 16
Document/Sequence CP Filed Date
Title
Comments
Registry Entry
Issue Date Status Date Service Type
5 03/3112006
Concise Statement Order
Document Date Filed BX
Service Status Service To
Walker, John R.
It appearing to the court that defendant, Sabrina Lynn Whitsel, has appealed to the Superior Court of Pennsylvania
from the order entered on March 9, 2006 and this court being uncertain as to the basis of the appeal;
IT IS ORDERED that the appellant is directed to file of record forthwith in the Court a CONCISE STATEMENT OF
THE MATTERS COMPLAINED OF ON APPELA AND SUBMIT TO THE COURT A COPY THEREOF TOGETHER
WITH CITATIONS OF ANY AUTHORITIES RELIED UPON IN THE FORM OF A BRIEF. Failure to comply with the
foregoing direction may be considered by the appellate court as a waiver of all objections. Pa.R.A.P.1925(b). Counsel
or appellant is also directed to serve upon the court reporter a statement of the portions of the record that must be
transcribed.
The statement of matters complained of shall be filed within fourteen (14) days from this date and a copy of the
STATEMENT and BRIEF submitted to the undersigned judge within the same 14 days.
03/31/2006 First Class Franklin County District Attorney's
Office
03/31/2006 First Class Whitsel, Sabrina L.
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
04/03/2006 03/31/2006 Superior Court of Pennsylvania - Middle District
Case Correspondence
04/24/2006 04/24/2006 Walker, John R.
Order Granting Motion for Extension of Time
After reviewing the defendant's request for an extension of time in which to file her concise statement of matters
complained of on appeal, the Court HEREBY ORDERS that the defendant's request is GRANTED. The defendant
may have an additional 45 days from the date of the original deadline, which was April 15, 2006 in which to file her
concise statement of matters complained of on appeal.
04/25/2006 Hand Delivered Franklin County District Attorney's
Office
04/25/2006 First Class Whitsel, Sabrina L.
06/09/2006 06/08/2006 Walker, John R.
Case Correspondence
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
C;
n
Docket Number: CP-28-CR-0000203-2003
CRIMINAL DOCKET
Court Case
Commonwealth of Pennsylvania Page 14 of 16
V.
Sabrina L Whitsel
Document/Seauence CP Filed Date
Title
Comments
Registry Entry
Issue Date Status Date Service Tyne
2 06/09/2006
Case Correspondence
Document Date Filed
Service Status
06/08/2006
3 06/09/2006
Concise Statement of the Matters Complained on Appeal
06/15/2006 06115/2006
Opinion
Opinion in Support of dismissal of Defendant's PCRA Petition
06/16/2006 First Class
06116/2006 First Class
06/16/2006 First Class
06/16/2006 First Class
1 06/19/2006
Appeal Docket Sheet Prepared
06/19/2006 First Class
06/19/2006 First Class
06/19/2006 First Class
06/19/2006 First Class
Service To
Superior Court of Pennsylvania - Middle District
Whitsel, Sabrina L.
Walker, John R.
Franklin County District Attorney's
Office
Hoff, Deborah K.
Kerstetter, Laura Jeanette
Whitsel, Sabrina L.
Vandrew, William
Franklin County District Attorney's
Office
Hoff, Deborah K.
Kerstetter, Laura Jeanette
Whitsel, Sabrina L.
12/11/2006
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
Commonwealth of Pennsylvania Page 15 of 16
V.
Sabrina L Whitsel
28-2005-P5422 Monthly 09125/2018 True $0.00
Whitsel, Sabrina L. False $0.49
Payment Plan History: 10/28/2005 Payment $56.90
02/03/2006 Payment $11.30
02/03/2006 Payment $3.00
02/06/2006 Payment $56.91
02/09/2006 Payment $35.05
02/22/2006 Payment $26.83
03116/2006 Payment $29.08
03/16/2006 Payment $1.00
04/27/2006 Payment $22.24
04/27/2006 Payment $2.00
05/22/2006 Payment $30.26
06/3012006 Payment $7.93
07/31/2006 Payment $40.95
10/02/2006 Payment $38.29
10/17/2006 Payment $30.08
-w
Last Payment Date: 10/17/2006
Whitsel, Sabrina L.
Defendant
Costs/Fees
Crime Victims Compensation (Act 96
of 1984)
Victim Witness Services (Act 111 of
1998)
Victim Witness Services (Act 111 of
1998)
County Court Costs (Act 204 of 1976)
Clerk Automation Cost (Franklin)
JCP
ATJ
State Court Cost (Act 204 of 1976)
Total of Last Payment: ($30.08)
Assessment Payments Adjustments Non Monetary Total
Payments
$35.00 $0.00 $0.00 $0.00 $35.00
$25.00 $0.00 $0.00 $0.00 $25.00
$5.00 $0.00 $0.00 $0.00 $5.00
$105.20 $0.00 $0.00 $0.00 $105.20
$5.00 $0.00 $0.00 $0.00 $5.00
$8.00 $0.00 $0.00 $0.00 $8.00
$2.00 $0.00 $0.00 $0.00 $2.00
$10.35 $0.00 $0.00 $0.00 $10.35
OPC 9082 - Rev 12/11/2006 Printed: 1211112006
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
• •
Docket Number: CP-28-CR-0000203-2003
CRIMINAL DOCKET
Court Case
Commonwealth of Pennsylvania
V.
Sabrina L Whitsel
Page 16 of 16
Whitsel, Sabrina L. Assessment Payments Adjustments Non Monetary Total
Defendant Payments
Commonwealth Cost - HB627 (Act 16' $15.52 $0.00 $0.00 $0.00 $15.52
of 1992)
Probation DUI School (Franklin) $185.00 $0.00 $0.00 $0.00 $185.00
Crime Lab User Fee - State Police $31.00 $0.00 $0.00 $0.00 $31.00
DUI - ARD - EMS Fee $10.00 $0.00 $0.00 $0.00 $10.00
Catastrophic Loss Fund (Act 24 of $30.00 $0.00 $0.00 $0.00 $30.00
1989)
DUI - ARD - EMS Fee $10.00 $0.00 $0.00 $0.00 $10.00
Catastrophic Loss Fund (Act 24 of $30.00 $0.00 $0.00 $0.00 $30.00
1989)
State Court Cost (Act 204 of 1976) $9.05 $0.00 ($9.05) $0.00 $0.00
Commonwealth Cost - HB627 (Act 16' $7.75 $0.00 ($7.75) $0.00 $0.00
of 1992)
Costs/Fees Totals: $523.87 $0.00 ($16.80) $0.00 $507.07
Fines
State Fine (Franklin) $500.00 $0.00 $0.00 $0.00 $500.00
State Fine (Franklin) $500.00 $0.00 $0.00 $0.00 $500.00
Fines Totals: $1,000.00 $0.00 $0.00 $0.00 $1,000.00
Restitution
Restitution $1,167.13 $0.00 $0.00 $0.00 $1,167.13
Restitution $10,631.65 ($391.82) ($807.51) $0.00 $9,432.32
Restitution Totals: $11,798.78 ($391.82) ($807.51) $0.00 $10,599.45
Grand Totals: $13,322.65 ($391.82) ($824.31) $0.00 $12,106.52
** - Indicates assessment is subrogated
AOPC 9082 - Rev 12/11/2008
Printed: 12111/2008
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the Court of Common Pleas nor the
Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket
Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police.
Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set
forth in 18 Pa.C.S. Section 9183.
C ? n ca
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JAMES LEE WHITSEL,
Plaintiff
VS.
SABRINA LYNN WHITSEL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05 - 2203 CIVIL
IN DIVORCE
NOTICE OF FILING OF MASTER'S REPORT
The report of the Master has been filed this date and
copies have been sent with this notice to counsel of record and
the parties.
In accordance with P.R.C.P. 1920.55 within ten (10) days
after the mailing of this notice and report exceptions may be
filed to the report by any party. If no exceptions are filed
within the ten (10) day period, the Court shall receive the
report, and if approved, shall enter a final decree in
accordance with the recommendations contained in the report.
Date: 12/13/06 E. Robert Elicker, II
Divorce Master
NOTE: If exceptions are filed, file the original with the
Prothonotary and a copy with the Master's office. At
that time, the party filing the exceptions should
notify the court reporter in the Master's office so
arrangements can be made for a transcript. Upon
completion of the transcript and receipt of payment,
the entire file will be returned to the
Prothonotary's office for transmittal to the Court at
time of argument on the exceptions.
If no exceptions are filed, counsel shall prepare an
order of Court consistent with the recommendations
and provide a proposed order of Court to the Master.
Counsel shall also prepare and provide with the
proposed order of Court a praecipe* to the
I
Prothonotary directing the Prothonotary to submit the
case to the Court for final disposition. The Master
will then transfer the file with the proposed order
of Court and praecipe to the Prothonotary's Office
for docketing and transmittal by the Prothonotary to
the Court.
* Form available in the Prothonotary's office and the
Master's office. (NOT the praecipe to transmit the
record form as set out in P.R.C.P. 1920.73(b).)
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PrOA0004"
Notice of Exceptions to Master's Report
December 20, 2006
lames Lee Whitsel, Plaintiff
Vs.
Sabrina Lynn Whitsel, Defendant
In the Court of Common Pleas in Cumberland County,
Pennsylvania No. 05-2203 Civil
DIVORCE
I am filing a disagreement to the motion of finalization in the
divorce proceedings of James Lee Whitsel and Sabrina Lynn Whitsel. I
am presently in contact with Wise Options for Women (WOW),
concerning legal representation regarding my economic rights and
settlement.
I have received a copy of the transcripts of the Master's Hearing
on December 13, 2006 at 10:00 AM.
Respectfully,
44U & j ? wzt W
Sabrina Lynn Whitsel, Defendant
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JAMES LEE WHITSEL, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
SABRINA LYNN WHITSEL,
Defendant No. 05 - 2203 CIVIL TERM
IN RE: DEFENDANT'S EXECPTIONS TO DIVORCE MASTER'S REPORT
BEFORE HESS, OLER and EBERT, JJ.
ORDER OF COURT
AND NOW, this 31St day of July, 2007, upon consideration of Defendant's
Exceptions to Master's Report and for the reasons stated in the accompanying Opinion,
Defendant's exceptions are dismissed and a decree in divorce will be issued upon the
filing of a praecipe to transmit the record and a proposed decree.
Robert Elicker, II, Esq.
9 North Hanover Street
Carlisle, PA 17013
Cumberland County Divorce Master
A Anthony Adams, Esq.
49 West Orange Street
Shippensburg, PA 17257
Attorney for Plaintiff
/Sabrina Lynn Whitsel, OH-5721
P.O. Box 180
Muncy, PA 17756
Defendant pro se
BY THE COURT,
c s =oi wv i - one Lana
AWONDHiUdd 3141 JO
0HA"3iM
Jr
JAMES LEE WHITSEL, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
SABRINA LYNN WHITSEL,
Defendant NO. 05-2203 CIVIL TERM
IN RE: DEFENDANT'S EXECPTIONS TO DIVORCE MASTER'S REPORT
BEFORE HESS, OLER and EBERT, JJ.
OPINION and ORDER OF COURT
OLER, J., July 31, 2007.
For disposition in the present divorce case are exceptions to the Divorce Master's
Report filed by Defendant pro se.' The Divorce Master recommends that a divorce be
granted to Plaintiff under Section 3301(a)(5) of the Divorce Code.2 Defendant's
exceptions state in their entirety: "I [Defendant] am filing a disagreement to the motion of
finalization in the divorce proceeding of James Lee Whitsel and Sabrina Lynn Whitsel." s
For the reasons stated in this opinion, Defendant's exceptions will be dismissed and a
final decree of divorce will be entered in accordance with the recommendations of the
Divorce Master upon the filing of a praecipe to transmit record and a proposed decree.
STATEMENT OF FACTS
Plaintiff, James L. Whitsel, filed a Supplemental Complaint in Divorce on January
10, 2006, requesting that he be granted a divorce from Defendant Sabrina Lynn Whitsel.
Plaintiff claimed as a ground for divorce that, pursuant to 23 Pa. C.S. §3301(a)(5),
Plaintiff is an innocent and injured spouse and Defendant has been sentenced to
imprisonment for more than two years.4
1 Defendant's Exceptions to Master's Report, filed December 26, 2006.
z Master's Report and Transcript of Proceedings, filed December 13, 2006, at 9.
3 Defendant's Exceptions to Master's Report, filed December 26, 2006.
4 Plaintiff's Supplemental Complaint in Divorce, filed January 10, 2006
Ar
A hearing was held on December 26, 2006, before the Cumberland County
Divorce Master. Defendant was not present at the hearing because she is currently
incarcerated.5 Prior to the hearing, Defendant indicated that she would provide a
telephone number and be available for contact during the hearing but did not, in fact,
provide any contact information in time for the hearing.6
At the hearing, Plaintiff introduced the docket record of Franklin County in the
case of Commonwealth v. Sabrina Whitsel, (No. CP-28-CR-0000203-2003), as evidence
that Defendant was sentenced to a minimum of eight years in prison in 2003 for two
counts of homicide by vehicle while driving under the influence and is currently serving
the sentence in a state facility.7 Based on Plaintiffs testimony and the docket record, the
Divorce Master was satisfied that Plaintiff was an innocent and injured spouse and that
Defendant had been sentenced to imprisonment for a term of more than two years.
Accordingly, the Master recommended that Plaintiff be granted a divorce under Section
3301(a)(5) of the Divorce Code .8 No economic claims were raised by either party.9
DISCUSSION
Section 3301 of the Divorce Code permits the court to "grant a divorce to an
innocent and injured spouse whenever it is judged that the other spouse has been
sentenced to imprisonment for a term of two or more years upon conviction of having
committed a crime."10 Defendant has been sentenced to imprisonment for a term of more
5 Master's Report and Transcript of Proceedings, filed December 13, 2006, at 1.
6 Master's Report and Transcript of Proceedings, filed December 13, 2006, at 1; letter from Defendant to
Divorce Master (November 30, 2006); letter from Defendant to Divorce Master (December 7, 2006)
Plaintiffs Exhibit 1, Master's Report and Transcript of Proceedings, filed December 13, 2006.
8 Master's Report and Transcript of Proceedings, filed December 13, 2006, at 9.
9 Master's Report and Transcript of Proceedings, filed December 13, 2006, at 6.
10 23 Pa. C.S. §3301(a)(5).
2
than two years. In addition, after reviewing the hearing transcript and the docket record,
the Court is satisfied that Plaintiff is an innocent and injured spouse.
Concerning the exceptions, Pennsylvania Rule of Civil Procedure 1920.55-2 states
that "each exception shall set forth a separate objection precisely...."" Although
Defendant's exceptions were filed within the time limit prescribed by Pa. R.C.P.
1920.55-2(2)(b), they fail to meet the level of specificity required for exceptions to
masters' reports. In Barner v. Barner the court determined that a "general exception"
fails to comply with the rule's requirement that "exceptions state objections precisely."
Barner v. Barner, 527 A.2d 122, 124 (Pa. Super. Ct. 1987) (citing Nord v. Devault
Contracting Company, Inc., 460 Pa. 647, 334 A.2d 276 (1975)). Defendant's lone
exception is a "general exception" to the divorce master's recommendation in its entirety,
because it does not object to any "particular findings of fact" or "conclusions of law."12
As such it is an ineffective exception and must be dismissed. A final decree of divorce
will be entered in accordance with the recommendations of the Divorce Master upon
receipt of praecipe to transmit record from Plaintiff
ORDER OF COURT
AND NOW, this 31" day of July, 2007, upon consideration of Defendant's
Exceptions to Master's Report and for the reasons stated in the accompanying Opinion,
Defendant's exceptions are dismissed and a decree in divorce will be issued upon the
filing of a praecipe to transmit the record and a proposed decree.
" Pa. R.C.P. 1920.55-2 (2) (b) (2007).
'Z Pa. R.C.P. 1920.55-2 (2) (b) (2007).
3
all
E. Robert Elicker, II, Esq.
9 North Hanover Street
Carlisle, PA 17013
Cumberland County Divorce Master
H. Anthony Adams, Esq.
49 West Orange Street
Shippensburg, PA 17257
Attorney for Plaintiff
Sabrina Lynn Whitsel, OH-5721
P.O. BOX 180
Muncy, PA 17756
Defendant pro se
BY THE COURT,
s/ J. Wesley Oler, Jr.
J. Wesley Oler, Jr., J.
4
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY - PENNSYLVANIA
James Lee Whitsel
Plaintiff
VS.
Sabrina Lynn Whitsel
Defendant
No. 05-2203
Civil Action - Law
In Divorce
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the court for
entry of a divorce decree;
1. Ground for divorce; 23 Pa. C.S. § 3301(a) (5).
2. The matter was heard by the Master after which exceptions were taken but
dismissed by Order of Court of July 31, 2007 (attached).
3. Related claims pending: None.
Respectfully submitted,
H. Anthony Adams, Esquire
Attorney for Plaintiff
49 West Orange Street
Shippensburg, PA 17257
(717)-532-3270
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
James Lee Whitsel
Plaintiff
VERSUS
Sabrina Lynn Whitsel
Defendant
No. o5-99ni Civil Term
DECREE IN
DIVORCE
AND NOW, 4C L ?e-f 13 LOO , IT IS ORDERED AND
DECREED THAT James Lee Whitsel
, PLAINTIFF,
AND Sabrina Lynn Whitsel 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;
None
BY THE COURT:
PROTHONOTARY
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