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Home My WebLink About96-05891 g - 4 . .n "7 ~ ~ . ~ ~ ~ j I I I - \ :\ I I ~ , l , l() ~ "':I- ct f' -..) /~ " \.II (")\J .,' .' s: ~ t) ~~- N - ".-<" ('... f'- ' ) .: 0 ~ ~ ..1_ " ' - .) : ~~ ~[, ~..i_ ~~j --Jl Ir) ,'i", <..t) ~;>.l ' , &:. ~ fr: t' .... -.-.; ~ F: c... :i(11 ~ H4 c..; ~ <.J... ....... C-' \/l ~l e,.. 0 rY en 0 - '- >- Cl - ~ (~. ,,, .' 'J.< C', ,n ~', ,.' ':.;. 'C If; c.. .::~~ ~:' 'f> '" L : U..1- " rr:~ C' "j ,- \.oJ :1U... I' u.. I', r- :5 0 0' c.) '- C> L:, (0: ."l. ,.. F. .( f-~J Lt' ;. -: ()"^- ..,4 , (i-I .:~ " " '-J t?f . . r~.1 n: C',,: . --. LJJ.. -,. c: ..i;2 L..::, l" i .... j " ..... Cl en 0 '- ,.. Cr; C~ ., . t- ~ . c:. ~ ..1'; (\ UI":'4 ,..- (1t: -- .: . 0:' ~, r.~.... : :"j 1.0 l(' : '1 r...)~ (',.\ ,,- ~\' /'': C:. '.~d U:,,: ," "- ,. u.. : " ..... ~) 0 0'\ 0 KATHRYN S. ZEIGLER, I PLAINTIFF/PETITIONER I I I va. : I DAVID T. ALLEMAN, I DEFENDANT/RESPONDENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 96-5891 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 25, 1996. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive notice of intention to request entry of the decree. 4. 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 fire trufl and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: r-,(~ -7 7 ~ ,;UI,/ ( ", Y \ ,{ 1/1.' i../____--- ~ '-" ~I:_.I'~...... David T. Alleman iT: ("', ~..: ,.. co;'" '.< UJc' I '-;2t;, :c , , i fj-,> ".- ! ::1 I ~\ > '-') ,- c.: . ; 1 ':':I' ....'1 r:;: , t.-I u':- \"'..1 0- r' ....... :,..- I " ..... =--.> j 0 (J', u \ I \ I I I I I \ I I I ..,.. - . o- il; C". ...1, ,.' c:. l,~'~: ,'\ '(J' ) (~- , . . tl: ", :.1 q'; .;.~ . ' - C)-I.. ,-..I u:.~ (: . (Z:.l. C.: I'll -" .... ;w.,. I' ..... 'j p- r 0 u'" () .... 0 .' l::: lr. t=: UI. . ,-" ff ....- ~ 0... ._~ j ~',~ .."- -.,. : !~ I . > U_l~. .-'" Cr~ .l.j 0: u.. Ll. ,I l- ..'" \5 r- ::::~ cr 96.5891 CIVIL TERM adjudicated. On February 20, defendant flied an affidavit of consent for a divorce under Section 3301 (c) of the Divorce Code, On February 24, he flied a petition to terminate the award of alimony pendente lite, and on February 26, he flied a petition for a bifurcated decree in divorce. On February 28, acting on defendant's petition for a Master, Sheely, P.J. entered the following order: [t]he request for alimony pendente lite is referred to the Domestic Relations Office for disposltlor.. If the claim for counsel fees stili remains after that hearing, a petition should be presented to the Court.~ It Is obvious that the President Judge when entering this order was unaware that an alimony pendente lite order in favor of plaintiff had been entered on December 8, 1996. It is also obvious that the President Judge was referring to a petition for Interim counsel fees which are only heard before the court. On March 31, 1997, a hearing was conducted on defendant's petitions to terminate the alimony pendente lite and lor a bifurcated decree In divorce.. Plaintiff has not filed of record an affidavit of consent under Section 3301 (c) of the Divorce Code. Because the parties have not even been married much less separated for two years there Is no basis for the entry of a divorce pursuant to Section 3301 (d) of the Divorce Code, the prerequisite for which Is that the marriage Is Irretrievably broken 3. No Master was appointed. 4. The separate motion to vacate the award of alimony pendente lite on the basis that no claim was made for such relief In the divorce complaint Is clearly without merit. Pa. Rule of Civil Procedure 1920.31 allows claims for child or spousal support, alimony, alimony pendente lite or o::ounsel fees, costs and expenses to be raised by pleadings or r::etition No testimony was offered at the hearing on defendant's merits appeal from the award of alimony pendente lite. -2- ~ 96-5891 CIVIL TERM and the parties have lived separately for a period of at least two years. In seeking a bifurcated decree, defendant's reliance on a statement by the Superior Court In Hoffman v. Hoffman, 350 Pa. Super. 280 (1986), that a spouse "should not be allowed to withhold her consent to the divorce while simultaneously seeking alimony pendente lite" Is misplaced. In that case, Issues of alimony pendente lite, counsel fees, alimony and equitable distribution of marital property were referred to a Master who conducted hearings and filed a report. The filing of a divorce action is the procedure by which a spouse can litigate economic issues. Alimony pendente lite can provide the financial means to pursue that litigation. The discretion of the court to enter a bifurcated decree In divorce is premised on the authority granted In Section 3301 (d){2) of the Divorce Code. Wolk v. Wolk, 318 Pa. Super. 311 (1983)." A spouse can never be forced to file a Section 3301 (c) affidavit of consent. The failure to do so at the conclusion of the economic litigation can result In the termination of alimony pendente lito. Hoffman v. Hoffman, supra.. Failing to file an affidavit of consent does not form the legal basis for the entry of a bifurcated decree In divorce absent meeting the requirements of Section 3301 (d) of the Divorce Code. 5. Formerly 23 P.S. !i 401 (b). 6. This points out one of the significant differences between alimony pendente lite and spousal support notwithstanding that Pa, Rule of Civil Procedure 1910.16-1 (a) provides that the amount of an award of alimony pendente lite or spousal support shall be made In accordance with the support guidelines. In Cumberland County, the Divorce Master will not proceed with economic litigation unless there is a basis for the entry of a divorce decree because an economic award cannot be entered unless a divorce Is entered. Dach v. Oech, 342 Pa. Super. 17 (1985). -3- 96-5891 CIVIL TERM The only economic claim of record that ultimately will go before a Master Is plaintiff's petition for counsel fees. In Perlberger v. Perlberger, 426 Pa. Super. 245 (1993), the Superior Court stated: The purpose of an award of counsel fees Is to promote fair administration of Just!ce by enabling the dependent Ipoule to maintain or defend the divorce action without belno placed at a financial disadvantage; the parties must be 'on par' with one another.... Counsel fees are awarded besed on the facts of each case after a review of all the relevant factors. These factors Include the payor's ability to pay, the raquestlng party's financial resources, the value of the services rendered, and the property received In eqUitable distribution.... In most cases, each party's financial consideration will ultimately dictate whether an award of counsel fees Is appropriate. (Emphasis added.) In Harasym v. Harasym, 418 Pa. Super. 486 (10fJ2), the Superior Court stated that "[c]ounsel fees are awarded only on a showing of actual need." In DeMasi v. DeMasi, 408 Pa. Super. 414 (1991), the Superior Court stated: APL Is based on the need of one party to ha'/e equal financial resources to purlue a divorce proceeding when, In theory, the other party has major assets which are tho financial sinews of domestic warfare, . ., APL focu.e. on the ability of the Individual who receives tha APL during the cour.e of the litigation to defend her/himself, and the only I..ue II whether the amount Is reasonable for that purpose, which turns on the economic resources available to the spouse. (Emphasis added.) In the case sub ~, even though there are no outstanding claims for alimony, costs and expenses, or for tho distribution of marital property, plaintiff has by petition made a claim for counsel fees. With no economic litigation pending, that claim appears to be minimal at best. Plaintiff Is not In need of alimony pendente lite In order to pursue such fees. She has not presented any evidence of her economic -4- KATHRYN S. ZEIGLER. Plaintiff. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA VB. NO. 96-5891 CIVIL TERM DAVID T. ALLEMAN, Defendant. CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment ~ay 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House One Courthouse Square Carlisle, Pennsylvania 17013-3387 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 h~WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Court House Fourth Floor One Courthouse Square Carlisle, Pennsylvania 17013-3387 (717) 240-6200 2 ~ ..,.. l'1~ t.:-'; ~~~t:, " . r.. " -'l' u.' ,- " o u' u~ (.l :'C c... n I '" 0, "'" r- C'I ...:....... ) ~..': '.)' ~ '.. "\~. i .t; ~ .-; "~ -~(~ . o , '-t, <. -'-.-! ...J' G .....j \S' '\ ~\) "- ,.., "C) ~ i'... -<;;) ~ ,.::.. ~ ~ "-">- ~ ~ ~ --..s lJ " ,-.G ~ ~ "''"' Y-.,., - '0 Kl'..'J.llIJ{~'N f~. ZF:.lGT..!;l:, l' J.r.J. t,'.\' I H' /l'l'~',Cn' 1.01, rm IN THI; COlm'J: or.' CO~INON I'u:nr, Cll1.,.,~aU,r-,NlJ COUN1'Y VH. No. 9G-5fj~1 CIVIL 'l'Emr [If( 7.~i, 93(, DAVID ~. rl~~MnN, DE~~"lJnN~/I~SPUNlJEN~ CIVIl, I\C1'IOII .. 1.11\'1' PMECII'g TO WI'I'IlIJRMI1\I. n '-'> 0 f~': -.I ".1 "i '?1 I r" !.;L '. ,..'J " ij11 :- ~" I 1<, (,', co ':6 " r":\ :_"l~ ' ' '. ,:':1 '.. "'.J -- 5-; ~ A'~ - "jn .. '~ :,.) '. ~.h (::> -< APP\;A!. or' F.l. I MOll 1. PFlNIlEN'l'E LITE or:DER TO 'I'IIe: PR01'IIONO'I'J\RY: Pleaf;c withdraw defendant' fl Non Pro 'I'unc Appeal of Recommended Order For Alimony Pend8nt.c Li.te i.n tho "bove capt.i,oned matter. !{l'S!Jcctfully, 1/z.,I,ci./JD.I:J.cd<( 'I'horaas D. Gould Attorney For Defendant LD. #36508 2 East Main street Shiremanstown, PA 17011 (717) 731-1461 Fax 761-1974 ~ Cl .. C". , ""- :..'(, ....:.. ~ 111 ~ , ...~ ". Cl~ .~ -~ t. C-t L1.. F~ ~( r::'l ~~ ", :4 '. U.I" . :iJ -..It' c': 0: "'. .I 0- F-- ...... ::i t3 r- O' ':J r i {"J ~'. It: (I j;- \.: (" ~' , Ii , , - , W- I . r- , ~ ">- (:r; ,.-, ~" '<1'" ...- :c,q )-.:: -, ..Jr- LL ':J: c.:" . .:J ~b 0':) . r:/1 I. .::-:: I.J' .-'(jj -I" n, ti:-," L...; . 'n.. i"--.-. L._ ,j to, t- o 0- U . 96-5891 CIVIL TERM adjudicated. On February 20, defendant filed an affidavit of consent for a divorce under Section 3301 (c) of the Divorce Code. On February 24, he filed a petition to terminate the award of a:imony pendente lite, and on February 26, he filed a petition for a bifurcated decree In divorce. On February 28, acting 0:'1 defendant's petition for a Master, Sheely, P.J. entered the following order: [t]he request for alimony pendente lite Is referred to the Domestic Relations Office for disposition. If the claim for counsel fees stili remains after that hearing, a petition should be presented to the Court.3 It Is obvious that the President Judge when entering this order was unaware that an alimony pendente lite order In favor of plaintiff had been entered on December 6, 1996. It Is also obvious that the President Judge was referring to a petition for Interim counsel fees which are only heard before the court. On March 31, 1997, a hearing was conducted on defendant's petitions to terminate the alimony pendente lite and for a bifurcated decree In divorce.' Plaintiff has not filed of record an affidavit of consent under Section 3301 (c) of the Divorce Code. Because the parties have not been married for two years there Is no basis for the entry of a divorce pursuant to Section 3301 (d) of the Divorce Code, the prerequisite for which Is that the marriage is Irretrievably broken and the parties have 3. No Master was appointed. 4. The separate motion to vacate the award of alimony pendente lite on the basis that no claim was made for such relief in the divorce complaint Is clearly without merit. Pa, Rule of Civil Procedure 1920.31 allows claims for child or spousal support, alimony, alimony pendente lite or counsel fees, costs and expenses to be raised by pleadings or petition. No testimony was offered at the hearing on defendant's merits appeal from the award of alimony pendente lite. -2- 96-5891 CIVIL TERM lived separately for a period of at least two years. In seeking a bifurcated decree, defondant's reliance on a statement by the Superior Court In Hoffman v. Hoffman, 350 Pa. Super. 280 (1986), that a spouse "should not be allowed to withhold her consent to the divorce while simultaneously seeking alimony pendente lite" Is misplaced. In that case, issues of alimony pendente lite, counsel fees, alimony and equitable distribution of marital property were referred to a Master who conducted hearings and filed a report. The filing of a divorce action is the procedure by which a spouse can litigate economic issues, Alimony pendente lite can provide the financial means to pursue that litigation. The discretion of the court to enter a bifurcated decree In divorce is premised on the authority granted in Section 3301 (d)(2) of the Divorce Code. Wolk v. Wolk, 318 Pa. Super. 311 (1983)." A spouse can never be forced to file a Section 3301 (c) affidavit of consent. The failure to do so at the conclusion of the economic litigation can result In the termination of alimony pendente lite. Hoffman v. Hoffman, supra." Falling to file an affidavit of consent does not form the legal basis for the entry of a bifurcated decree in divorce absent meeting the roquirements of Section 3301 (d) of the Divorce Code. 5, Formerly 23 P.S. !l401 (b), 6. This points out one of the significant differences between alimony pendente lite and spousal support notwithstanding that Pa. Rule of Civil Procedure 1910.16-1 (a) provides that the amount of an award of alimony pendente lite or spousal support shall be made in accordance with the support guidelines. In Cumberland County, the Divorce Master will not proceed with economic litigation unless there is a basis for the entry of a divorce decree because an economic award cannot be entered unless a divorce is entered. Oech v. Oech, 342 Pa. Super. 17 (1985). -3- 96-5891 CIVIL TERM The only economic claim of record that ultimately will go before a Master Is plaintiff's petition for counsel fees. In Perlberger v. Perlberger, 426 Pa. Super. 245 (1993), the Superior Court stated: The purpose of an award of counsel fees is to promote fair administration of justice by enabling the dependent spouse to maintain or defend the divorce action without being placed at a financial disadvantage; the parties must be 'on par' with one another.... Counsel fees are awarded based on the facts of each case after a review of all the relevant factors. These factors Include the payor's ability to pay, the requesting party's financial resources, the value of the services rendered, and the property received in equitable distribution.... In most cases, each party's financial consideration will ultimately dictate whether an award of counsel fees Is appropriate, (Emphasis added.) In Harasym v. Harasym, 418 Pa. Super. 486 (1992), the Superior Court stated that U[c]ounsel fees are awarded only on a showing of actual need,. In DeMasi v. DeMasi, 408 Pa, Super. 414 (1991), the Superior Court stated: APL is based on the need of one party to have equal financial resources to pursue a divorce proceeding when, in theory, the other party has major assets which are the financial sinews of domestic warfare. . .. APL focuses on the ability of the Individual who receives the APL during th9 course of the litigation to defend her/himself, and the only Issue is whether the amount is reasonable for that purpose, which turns on tha economic resources available to the spouse, (Emphasis added.) In the case sub ludice, even though there are no outstanding claims for alimony, costs and expenses, or for the distribution of marital property, plaintiff has by petition made a claim for counsel fees. With no economic litigation pending, that claim appears to be minimal at best. Plaintiff is not in need of alimony pendente lite in order to pursue such fees. She has not presented any evidence of her economic -4- PYS510 19J&-OS891 Cumberland County prothonotary's Office Page Civil Case Inquiry ZEIGLER KATHRYN S (VS) ALLEMAN DAVID T 1 Reference No..: Filed... .....: 10/25/1996 Case Type.....: COMPLAINT - DIVORCE Time.... .....: 14:16 Judgment......: .00 Execution Date 0/00/0000 Judge Assigned: BAYLEY EDGAR B Sat/Dis/Gntd.. 0/00/0000 Jury Trial.... Higher Court 1 Hiaher Court 2 .........**.........................**.......**.*............**................. General Index Attorney Info ZEIGLER KATHRYN S PLAINTIFF BACH JAMES M 2143 ARCONA ROAD MECHANICSBURG PA 17055 ALLEMAN DAVID T PLAINTIFF GOULD THOMAS D 2143 ARCONA ROAD MECHANICSBURG PA 17055 .........................**..............................**.**.................. · Date Entries · ........................................................*....................... COMPLAINT - DIVORCE PETITION FOR ALIMONY AND ALIMONY PENDENTE LITE ADDITIONAL COUNT - ALIMONY AND ALIMONY PENDENTE LITE ORDER OF COURT - DATED 11/14/96 - IN RE PETITION FOR ALIMONY PENDENTE LITE AND COUNSEL FEES - CONFERENCE BEFORE R J SHADAY 12/6/96 11 AM - BY R J SHADuAY CONFERENCE OFFICER - NOTICE MAILED 11/18/96 ORDER OF COURT - DATED 12/6/96 - PAYMENT FOR ALIMONY PENDENTE LITE- BY EDGAR B BAYLEY J - COPIES MAILED 12/13/96 MOTION TO VACATE RECOMMENDED ORDER FOR ALIMONY PENDENTE LITE NON PRO TUNC APPEAL OF RECOMMENDED ORDER FOR ALIMONY PENDENTE LITE ORDER OF COURT - DATED 1/16/97 - IN RE NON PRO TUNC APPEAL OF RECOMMENDED ORDER FOR ALIMONY PENDENTE LITE - HEARING 2/18/97 3 PM CR 2 - BY EDGAR B BAYLEY J - NOTICE MAILED 1/17/97 01/17/97 ORDER OF COURT - DATED 1/16/97 - IN RE MOTION TO VACATE RECOMMENDED ORDER FOR ALIMONY PENDENTE LITE - RULE ISSUED UPON PLAINTIFF RETURNABLE WITHIN 20 DAYS - BY EDGAR B BAYLEY J - NOTICE MAILED 1/17/97 MOTION FOR APPOINTMENT OF MASTER ANSWER TO MOTION TO VACATE ORDER FOR ALIMONY PENDENTE LITE ORDER OF COURT APPOINTING E ROBERT ELICKER ESQ AS MASTER MOTION FOR APPOINTMENT OF MASTER PRAECIPE TO WITHDRAWAL APPEAL OF ALIMONY PENDENTE LITE ORDER BY THOMAS D GOULD ESQ PETITION TO TERMIANTE ALIMONY PEWDENTE LITE CERTIFICATE OF SERVICE AFFIDAVIT OF CONSENT - PLAINTIFF AFFIDAVIT OF CONSENT - DEFENDANT WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIV DECREE-PLFF WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIV DECREE-DEFT ORDER OF COURT - DATED 2/24/97 - IN RE PETITION TO TERMINATE ALIMONY PENDENTE LITE - RULE TO SHOW CAUSE IS ISSUED UPON PLAINTIFF TO FILE A RESPONSE AT A HEARING 3/31/97 2:30 PM CR 2 - BY EDGAR B HAYLEY J - NOTICE MAILED 2/24/97 02/26/97 MOTION TO BIFURCATE DIVORCE PROCEEDINGS 02/28/97 ORDER OF COURT - DATED 2/28/97 - RUI,E IS ISSUED AGAINST RESPONDENT RETURNABLE AT HEARING ALREADY SCHEDULED 3/31/97 2:30 PM - BY EDGAR B BAYLEY J - COPIES MAILED 3/3/97 03/05/97 ORDER OF COURT - DATED 2/28/97 - REQUEST FOR ALIMONY PENDENTE LITE IS REFERRED TO THE DOMESTIC RELATIONS OFFICE FOR DISPOSITION - BY HAROLD E SHEELY PJ - COPY BY J SHEELY'S OFFICE 3/5/97 03/14/97 PETITION FOR CIVIL CONTEMPT - DATED 2/24/97 - DOMESTIC RELATIONS - BY R J SHADDAY ...**......**.............**................***.****....**.**................... . Escrow Information · . Fees & Debits Bea Bal Pvmts/Adi End Bal · ................................,..***..****....,..**.........**..***........... 10/25/96 10/30/96 11/18/96 12/13/96 01/13/97 01/13/97 01/17/97 01/30/97 01/30/97 02/03/97 02/18/97 02/18/97 02/18/97 02/21/97 02/21/97 02/21/97 02/21/97 02/21/97 02/24/97 DIVORCE TAX ON CMPLT SETTLEMENT MASTER'S FEE DIV PA SURCHG JCP FEE 35.00 .50 5.00 125.00 10.00 5.00 35.00 .50 5.00 125.00 10.00 5.00 .00 .00 .00 .00 .00 .00 . , KATHRYN S. ZEIGLER, I PLAINTIFF/PETITIONER I IN THE COURT OF COMMON PLEAS CUMBERLAND COURTY . . v.. I I No. 96-5891 CIVIL TERM DR 25,936 CIVIL ACTION - LAW . . DAVID T. ALLEMJUt, I DEFENDANT/RESPONDENT I I NON PRO TUNC APPEAL OF RECOMMENDED ORDER FOR ALIMONY PENDENTE LITE AND NOW comes the Defendant/Respondent, David T. Alleman, by and through his attorney, Thomas D. Gould, and files this appeal, non pro tunc, based on the following: 1. Plaintiff/Petitioner, Kathryn S. Zeigler-Alleman filed a Complaint In Divorce on October 25, 1996. 2. Plaintiff's Complaint in Divorce contained only one count, that the marriage is irretrievably broken, and requested a Decree in Divorce. Copy of Complaint is attached as exhibit "A". 3. Plaintiff's Complaint did not include a count for alimony, alimony pendente lite or attorney fees. 4. On October 30, 1996 Plaintiff, under the Divorce Docket number 96-589l, filed a Petition For Alimony Pendente Lite and Counsel fees. A copy of the petition is attached as exhibit "B". 5. On November 14, 1996 an Order of Court was issued setting a conference before R.J. Shadday on December 6, 1996 to hear Plaintiff's Petition for Alimony Pendente Lite and/or Counsel fees. A copy of the Order is attached as exhibit "C". 6. A conference with R.J. Shadday was held on December 6, 1996. 7. The Defendant was not represented by counsel at the conference. 8. The Plaintiff was represented by her attorney, James Bach. 9. Following the conference R.J. Shadday forwarded a recommended order for Alimony Pendente Lite (APL) which was signed by Judge Edgar B. Bayley. A copy of the Order is attached as exhibit "D". lO. The Order directed Defendant to pay $325. oO/month, at $75.00/week, retroactive to 10/30/96. 11. The Date of the Order is December 6, 1996. 12. The Order was certified by the Prothonotary on December l3, 1996. 13., The Order was mailed to the Defendant on December 16, 1996. A copy of the postmarked envelope is attached as exhibit liEU. 14. The Order was received by the Defendant on Wednesday, December la, 1996. l5. On December 26, 1996 the Defendant contacted Cumberland County DRO to inquire about filing an appeal of the APL order. l6. Defendant was advised by a representative of the Cumberland County DRO to come to DRO to file his appeal. 17. On December 26, 1996 the Defendant went to the Cumberland County DRO, and with the assistance of the DRO representative, completed the Appeal of Court Order form. 18. The DRO representative advised him to just fill in the "Reason For Appeal" and sign it and that she would complete the rest. 19. The Defendant filled in the "Reason For Appeal", signed the form and left it with the representative. 20. The Appeal of Court order was time/date stamped at Cumberland County DRO at 2:37 P.M. December 26, 1996. A copy of the Appeal, with the date/time stamp is attached as exhibit "F". 21. In a letter, dated January 2, 1997, from R.J. Shadday the Defendant's Appeal of Court Order was returned to him with the comment that "an appeal from a recommended order of alimony pendente lite must be filed through the Prothonotary's office". Copy of letter is attached as exhibit "G". 22. Defendant received the letter from R. J . Shadday on Saturday, January 4, 1997. WHEREFORE, Defendant requests that this court accept his non pro tunc appeal and vacate the Order of Court, directing him to pay APL in the amount of $325. OO/month. Alternatively, Defendant requests that this court grant a supersedeas suspending his obligation to pay Plaintiff APL until such time as this matter can be heard by the court. Respectfully, /1:1 v/, ( i/lmKl/I D, >':-fl"ta,A Thomas D. Gould Attorney For petitioner I.D. 136508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 Fax 761-1974 ~THRYN S. ZEIGLER, Plaintiff I IN THE COURT 011' COMMON PLEAS 011' I CUMBERLAND COI1N'l'Y, PENNSYLVANIA .. v.. NO. 9L.:'S'p:t1 C-"t( T~ . .;. ", '" ..\ DAVID T. ALLEMAN, Defendant CIVIL ACTION - LAW IN DIVORCE .' . , n \1)'!:fl NOTICE TO DEFEND AND CLAIM RIGHTS ';R~ ~',:;:I ..y,,~g:! ~ ~mpg You have been sued in Court. If you wish' t~~def~d 'j? against the claims set forth in the following pa~'s, ~u:;:l3 ,-- must take prompt action. You are warned that if you~~il~o ~~ do so, the case may proceed without you and a d~~~e ~n ~ ".';' divorce or annulment may be entered against you fiY 6!te ~ 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. 1.""":'" - ""., " .. When the grounds for divorce are 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: .' Office of the Prothonotary Cumberland County Court House One Courthouse Square Carlisle, Pennsylvania, l70l3 , IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES, OR EXPENSES , BEFORE A DIVOR.C:E:. OR ANNULMENT IS_ GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ~~ OF THESE. ' YOU SHOULD TAKE TIllS PAPER TO YOlJR LAWYER AT ONCE... IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TEI;EPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Court House Fourth l"loor One Courthous. Square Carki.le, PA 170l3-3387 717-240-6200 "- 1:,.,hi \.: +- A ~ ~ . -:-, -~' :'J~ " " '. ,.,''( -.' .-.." .. -'. ,'.'''c'' .,.:;,.....;;;..,~ ' .' :;... . XATRRYN S. ZEXGLER, plaintiff ,XN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANU va. ,NO. 96-5891 DAVID T. ALLEMAN, Defendant C") ..:l ~.~ 92~ ~ 0~ :5 ~:: -0 ~t :::: ~c., :-:: ., rz. N AND NOW comes the Petitioner, KATHRYN S. ZEIGLER , by he~ &" attorney JAMES M. BACH, ESQUIRE, and files the within PETITION I CIVIL ACTION - LAW I IN DIVORCE PETITION FOR ALIMONY AND COUNSEL PENDENTE LITE FEES o "T1 ':;:l m:;g ~; .::5 . ~' ..c.... , .... FOR ALIMONY PENDENTE LITE AND COUNSEL FEES: 1. KATHRYN S. ZEIGLER is an adult individual residing at 204 R. Spring Road, Enola, Harrisburg, Pennsylvania. Her Social Security Number is 161-34-2155 and her date of birth 8/11/42. 2. The Respondent is, DAVID T. ALLEMAN, an adult individual residing at 2143 Arcona Road, Mechanicsburg, Pennsylvania. His social Security Number is 201-34-8681 and his date of birth 6/12/44. 3. KATHRYN S. ZEIGLER filed a Complaint for Divorce in the Court of Common Pleas of cumberland County on or about October 25, 1996, to the above number and term. 4. KATHRYN S. ZEIGLER is in need of financial assistance d~ring the pendency of this litigation and to pay her counsel fees. She is without sufficient funds to defray the necessary expenses to advance this case. 1 -'(. . If "' 1 ... " "" KATHRYN S. ZBIQLER, I IN THE COURT OF COMMON PLEAS PLAINTIFF/PETITIONER I CUMBERLAND COUNTY I I v.. I No. 96-5891 CIVIl. TERM I DR :15,936 DAVID T. ALLBMAJf , I DEFENDANT/RESPONDENT I CIVIL ACTION - LAW I CERTIFICATE OF SERVICE AND NOW, this 13th day of January 1997, I, Thomas D. Gould, Esquire, Attorney for Defendant/Respondent, hereby certify that I have this day sent a copy of Defendant's Non Pro Tunc Appeal of Recommended Order For Alimony Pendente Lite by depositing a certified copy of the same in the United States mail, postage prepaid, addressed to: James M. Bach, Esquire 352 S. Sporting Hill Road Mechanicsburg, PA 17055 DATE I /1117? --rhiTJ-/C!)/). ~'7dl Thomas D. Gould, Esquire ID # 36508 2 E. Main Street Shiremanstown, PA l7011 (717) 731-1461 Fax 761-1974 ''i,- 9~lJJJ. .~ ATTORNi:Y AT LAW 1I t, "'AIN STREtT SHIRE"'ANSTOWN, fA 17011 717-731-,.151 JI :1\ " . KATHRYN S. ZEIGLER, I PLAINTIFF/PETITIONER I I I I I I I IN THE COURT OF COMMON PLEAS CUMBE~D COUNTY va. No. 96-5891 CIVIL TERM DR :35,936 CIVIL ACTION - LAW DAVID T. ALLEMAN, DEFENDANT/RESPONDENT . . PETITION ~O TERMINATE ALIMONY PENDENTE LITE AND NOW comes the Defendant/Respondent, David T. Alleman, by and through his attorney, Thomas D. Gould, and files this petition seeking to terminate plaintiff's APL based on the following: 1. Plaintiff/petitioner, Kathryn S. zeigler-Alleman filed a Complaint In Divorce on October 25, 1996. 2. plaintiff's Complaint in Divorce contained only one count, that the marriage is irretrievably broken, and request ad d Decree in Divorce. Copy of Complaint is attached as exhibit "A". 3. plaintiff's Complaint did not include a count for alimony, alimony pendente lite or attorney fees. 4. On October 30, 1996 plaintiff, under the Divorce Docket number 96-5891, filed a petition For Alimony Pendente Lite and Counsel fees. A copy of the Petition is attached as exhibit "B". 5. An order for Alimony Pendente Lite (APL) which was signed by Judge Edgar B. Bayley. A copy of the Order is attached as exhibit "D". . , 6. The Order directed Defendant to pay $325.00/month, at $75.00/week, retroactive to 10/30/96. 7. Defendant does not contest the divorce and agrees that the marriage is irretrievably broken. 8. Upon completion of the mandatory 90 day waiting period Defendant signed the necessary Affidavit of Consent and Waiver of Notice and forwarded them to plaintiff's attorney for filing with the prothonotary with plaintiff's Affidavit of Consent and Waiver of Notice. 9. Plaintiff has refused to move forward with finalizing the divorce. 10. Pursuant to Hoffman v. Hoffman, 350 Pa. Super 280, 504 A. 2d 356 (1986) plaintiff cannot withhold her consent and maintain her right to APL. WHEREFORE, Defendant requests that this court terminate the Alimony Pendente Lite order against him. Respectfully, 11l'1>'i(VI ?). hKdeP Thomas D. Gould Attorney For Petitioner I.D. 136508 2 East Main Street Shiremanstown, PA 17011 (717) 731-146l Fax 76l-1974 . , KATHRYN S. ZEIGLER, . IN THE COURT OF COMMON PLEAS . PLAINTIFF/PETITIONER . CUMBERLAND COURTY . va. No. 96-5S9l CIVIL TERM DR 25,936 DAVID T. ALLEMAN, . . DEFENDANT/RESPONDENT . CIVIL ACTION - LAW . I MOTION TO VACATE RECOMMENDED ORDER FOR ALIMONY PENDENTE LITE AND NOW, comes the Defendant, David T. Alleman, by and through his attorney, Thomas D. Gould, and files this motion seeking to vacate this Court's December 6, 1996 Order of Court based on the following. l. Plaintiff/Petitioner, Kathryn S. Zeigler-Alleman filed a Complaint In Divorce on October 25, 1996. 2. Plaintiff's Complaint in Divorce contained only one count, that the marriage is irretrievably broken, and requested a Decree in Divorce. Copy of Complaint is attached as exhibit "A". 3. Plaintiff's Complaint did not include a count for alimony, alimony pendente lite or attorney fees. 4. On October 30, 1996 Plaintiff, under the Divorce Docket number 96-5891, filed a petition For Alimony Pendente Lite and Counsel fees. A copy of the Petition is attached as exhibit "B". 5. On November 14, 1996 an Order of Court was issued setting a conference before R.J. Shadday on December 6, 1996 to hear Plaintiff's petition for Alimony Pendente Lite and/or Counsel fees. A copy of the Order is attached as exhibit "C". . ' 6. A conference with R.J. Shadday was held on December 6, 1996. 7. Following the conference R.J. Shadday forwarded a recommended order, dated December 6, 1996, for Alimony Pendente Lite (APL) which was signed by Judge Edgar B. Bayley. A copy of the Order is attached as exhibit liD". a. The Order directed Defendant to pay $325. OO/month, at $75.00/week, retroactive to lO/30/96. 9. Plaintiff never amended her Divorce Complaint to include a claim for Alimony Pendente Lite. lO. A party may not be awarded alimony pendente lite unlesa a separate count in an action in divorce is properly filed with the Prothonotary. WHEREFORE, Defendant requests that this court vacate the Order of Court, directing him to pay APL in the amount of $325.00/month. Alternatively, Defendant requests that this court grant a supersedeas suspending his obligation to pay Plaintiff APL until such time as this matter can be heard by the court. Respectfully, rJZtn'lcv'JD. ~l-toll Thomas D. Gould Attorney For Petitioner I.D. #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 Fax 761-1974 KATHRYN S. ZEIGLER, . IN THE COURT OF COMMON PLEAS . PLAINTIFF/PETITIONER . CUMBERLAND COUNTY . . . va. No. 96-589l CIVIL TERM . . DAVID T. ALLEMAN, DEFENDANT/RESPONDENT . CIVIL ACTION - LAW . MOTION TO BIFURCATE DIVORCE PROCEEDINGS AND NOW comes the Defendant/Respondent, David T. Alleman, by and through his attorney, Thomas D. Gould, and files this motion seeking to bifurcate this divorce action: 1. Plaintiff/Petitioner, Kathryn S. Zeigler-Alleman filed a Complaint In Divorce on october 25, 1996. 2. plaintiff's Complaint in Divorce contained only one count, that the marriage is irretrievably broken, and requested a Decree in Divorce. Copy of Complaint is attached as exhibit "A". 3. plaintiff's Complaint did not include a count for alimony, alimony pendente lite or attorney fees. 4. On October 30, 1996 Plaintiff filed a Petition For Alimony Pendente Lite and Counsel fees. A copy of the Petition is attached as exhibit "B". 5. An order, dated December 6, 1996, for Alimony Pendente Lite (APL) was signed by Judge Edgar B. Bayley. I 6. Defendant does not contest the divorce and agrees that the marriage is irretrievably broken. KATHRYN S. ZEIGLER, . . PLAINTIFF/PETITIONER . . . . . . VB. . . : DAVID T. ALLEMAN, . . DEFENDANT/RESPONDENT . . . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 96-5891 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 26th day of February 1997, I, Thomas D. Gould, Esquire, Attorney for Defendant/Respondent, hereby certify that I have this day sent a copy of Defendant's Motion To Bifurcate Divorce proceeding by depositing a certified copy of the same in the united States mail, postage prepaid, addressed to: James M. Bach, Esquire 352 S. Sporting Hill Road Mechanicsburg, PA 17055 DATE :1-126/1'7 1h.ff'I'I) b. .LJ,,,'/,I Thomas D. Gould, Esquire ID # 36508 2 E. Main Street Shiremanstown, PA 17011 (717) 731-1461 Fax 761-1974 AA'l'HRYN S. ZEIGLER, Plaintiff , I IN THE COl1RT or COMMON PLI!:AS or I Ct1MBERLAND COUNTY, PENNSYLVANIA , , .i VB. -, I NO. '9~':$'P:;1 C'"t'( T~ I I CIVIL ACTION - LAW I IN DIVORCE .. .' '. ,. II.: '... DAVID T. ALLEMAN, Defendant .'). I .' .. You have been sued in Court. If you whh' t~: de!~d ~ . against the' claims set forth in the fOllowing pa~tl, Y.S'u':r. must take prompt action. You are warned that i! YOU~~il=Co .~ do so,' the case may proceed without you and a d~(.e ~n ~ . divorce or annulment may be entered against you liY ~e:.l Court. A judgment may also be entered against you !or any other claim or relief requested in these papers by thtt Plaintiff. You may lose money or property or other rights important to you, including custody or. Visitation o! your children. . . ~f.., . " , ....10..,.. ". f . ' ....... , . " ,~.... . .t, '."',,' , " ..: .. . When the grounds for divor~e are indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselor. 11 available in the Office of the Prothonotary at! '. Office of the prothonotary '. Cumberland County Court House One Courthouse Square Carlisle, Pennsylvania, 17013 . . IF' YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION 01" PROPERTY, LAWYERS FEES, OR ,EXPENSES, BEFORE A o IVORC:I!: . OR ANNULMENT IS GRANTED, YOU 'MAY LOSE THE RIGHT TO C~IM AW{ 01" " . THESE. '. ~ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 00 TO, OR TECEPHONE THE OFFICE SET FORTH BELOW TO FINO OUT WHERE YOU CAN GET LEGAL HELP. " Court Administrator Cumberland Coun~y Court Sou.. fourth rloor On. Courthous. Squar. Carli.1., PA 17013-3387 717-~40-f200 .' .. f'~H.; f- A '>- en :- i~ (': ...: lUI~ t, " c:: , .' '-( '. ~ I (._'1 . , - I_ E' " I. . l.', -, l>. ,- I L; tJ"" U ">- 1..,-... ,~) "...... tro: ".......;. ~ I-', \:Q " '" t:~ '..."" w'. ('oJ ~ o~i: ',' ............ ,~ t-: ,..~ :" ~~', ',::.i ~ - " <::J ',,') ~ 1'<\ 1..,- ,..~ ;:'..; ~ "- '" W' ~ '" N") eel; ,- llj ......s. '~ i Co '''':''' L .... 1.:. \,J'. 1 \\~ c C') , ) 'v' \.)..J ~ - d (~ JAMES M. BACH Attorney At Law 352 S. Sporting Hill Rd., Mechanksburg, PA 17055, Tel: (717) 737.2033 April 9, /997 A TIN: SHIRLEY PIPER OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 RE: KA THR YN S. ZEIGLER vs, DA VID T. ALLEMAN J6.589/ (Civil Term) Dear Shirley: Enclosed herewith please find a PRAECIPE TO TRANSMIT RECORD together with DIVORCE DECREES, VITAL STATISTICS FORM, and a PRAECIPE. The Praecipe reestablishes and revives the Affidavits of Consent filed of record by Kathryn S. Zeigler and withdrawals all economic claims of the Plaintiff. The case is now ripe to go to a Judge for a standard No-Fault Divorce. Kindly transmit this case to the Judge at your earliest convenience. Respectfully, fkp M ~ J~ESM. BACH Attorney At Law , 7 ;&~I /\A9- _ ft:(: ~7~ / ~~. JMB/lsa Enclosures: Praecipe to Transmit Record 2 Final Decrees in Divorce Vital Statistics Form