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Home My WebLink About01-05795 '''''''''>-~=~___ R , , , , , , , , , , , , , , . , , , , , , , , 0' 1 . '-;; , , , J ;:J -~~ j 'I ., I 'j ,'t'-;" , , , , , , , , , , . , . . , , . . . .. . . . . :of. ,.,OIi'" Of. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF FREDA K. FAHNESTOCK, Plaintiff VERSUS HAROLD R. FAHNESTOCK, Defpnr'l"nt PENNA. No. 01-5795 Civil Term DECREE IN DIVORCE NOW'~ "2- AND . , ~~ ,~o~:~:l~' ~ DECREED THAT Freda K. Fahnestock , PLAINTIFF, AND Harold R. Fahnestock , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The parties I Separation and Propertv Settlement AQreement dated October 18, 2004, is in=rporated herein, but not merged. , , , , . , . , . , , . , . , . , . . . . " . . 'I';'jI;'f. 'jI; ';-"N', ^' ryt~ , _A <_. , ~~, , J. PROTHONOTARY . , , , , , , , , , , , , . , , , , . , , , . , , , , . , . , . . , . . . . . . , . . . . . . . . . . . . . , . , . . . . . . . . . . . . . . . " . - ~- "-0" '-;~,";':bi'l'-ie"~~":'~l?i'''t'',,\;n;~Rl:!;ii1tJ2Y.?:~';;t~g-zi:4~::~k?L~'l'?::tz];;;':t~4gi~~~~,*lJiHj'tj':)}';:i!;!ilit~jJ~%~&v;;r!1"i, ~.n/ kP ? ~ ~J.t, AG? ~?? /f ,,,,'1/' ~ ~ , ~l~ . " \ :\..-!-~: e-' t%' .. ~~..,'~~.~ Jr'/I ),0 ft'JI ; ":. ~ ' , " , E I;;, r,' :;..; ,~, "" ~"" ~-~ ::- "" rt ,~",IJiIfflllPll!l!~~$~!ft'~M)]l1:!~JJJ~~&ll!~~~~~F_l'!-\~~iffl'l~!'1~;' " ~ ,,; _-"7 '--"'~,}''' " '" '," <c,"_"_,_c=<?,~,,,,,,_"'!;,__ . FREDA K. FAHNESTOCK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW HAROLD R. FAHNESTOCK, Defendant : NO. 01-5795 : IN DIVORCE CIVIL TERM PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under g3301(c) 33Ql(d)(I) sf the Divsree Csse. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: certified mail, restricted delivery to Defendant on October 15,2001. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by g3301 (c) of the Divorce Code: by Plaintiff: October 26,2004 by Defendant: October 18, 2004 (b) (1) Date of execution of the affidavit required by g3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiffs Waiver of Notice in g3301 (c) Divorce was filed with the Prothonotary: October 26, 2004 Date defendant's Waiver of Notice in g3301 (c) Divorce was filed with the Prothonotary: October 26, 2004 ~r:~ Brian C. Bornman, Esquire GRIFFIE & ASSOCIATES Attorney for Plaintiff 9")';~~~, , . ~.I ~ - , ~~.., O~ IllI ~!.~,~ If:? ff? .~~_ ~~ .'~ o_~" '111m ""I' i In r'lTr ir1.'f~'f'4'tIm1li1l""'1"jl~'~"ti\".?,(IW;&il~" - -~~m~~;1;~--':_\'li,;,~~~~'i{\.[4'1',~~_~~JX3~:s;ll~~_~~~~'i)Htl1,\0t':'~r~j;vt,;')j_"'" ,,-'--- . , SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this --18- day of~, 2004, by and between FREDA K. FAHNESTOCK, of Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Wife," AND HAROLD R. FAHNESTOCK, of Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Husband," WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on August 14, 1960, in Cumberland County, Pennsylvania; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other, and to finally and for all time to settle and determine their respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; and WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; and WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of --Page 1 of 14-- '-":->~jlnllfllr~~~ , " " ,. , ~.,....~!- Husband and Husband acknowledges that he has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Wife; NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenants and agree as follows: 1. Advice of Counsel: The parties acknowledge that they have received independent legal advice from counsel of their own selection or that they have elected not to seek independent legal advice and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Lindsay Gingrich Maclay, Esquire and fully explained to Wife by her legal counsel, Brian C. Bornman, Esquire. 2. Warranty of Disclosure: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This --Page 2 of 14-- "'~r" - ~~~ ~--~, !>~ .' disclosure was in the form of an informal exchange of information by the parties but also reflects the fact that the parties had personal knowledge before their separation of their various assets and debts all of which form the basis of this Agreement between the parties. 3. Personal Riflhts and Seoaration: Wife and Husband may and shall, at all times hereafter, live separate and part. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit nor dwell by any means or in any manner whatsoever with him or her. 4. Aflreement not a Bar to Divorce Proceedinfls: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the party of the other party which may have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of S3301(c) of the Divorce Code of 1980. --Page 3 of 14-- .~,-. ft1_ - 5. Aflreement to be Incoroorated in Divorce Decree: The parties agree that the tenus of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged into the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 6. Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defmed as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defmed as the date of execution by the party last executing this Agreement. 7. Personal Prooertv: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. --Page 4 of 14-- ':!~~,,,r ~,~~ ~,_,_ r ''''''', - ":"';l'-~'''liJj'- -'(1 :-_~~~_I' ~ " - ~ ~ 'u. __. " ,', 8. Marital Debt: Each party hereby confirms that they have not incurred any additional debt since their separation that has, in any way, obligated the other party. Neither party will take any action to incur additional debt of any nature whatsoever in the other party's name from the date of execution of this Agreement forward. 9. Bank Accounts: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. 10. After-AcQuired Personal Prooertv: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 11. Motor Vehicles: With respect to the motor vehicles owned by one or both parties, the parties hereby waive any and all interest they may have for any vehicle in the possession of the other party at the time of execution of this Agreement. The parties hereby agree that they shall execute any and all documents necessary to transfer title to the appropriate party for the vehicle in their possession. The parties agree to indemnify and hold harmless the other for any debt associated with the vehicles in their possession. --Page 5 of 14-- "~ , .~ "~< < "" r~ - . :c~ ,-~" ""rPr ~-J" ' ]-_'_1 r~" "-" ~-. ,. 12. Real Estate: The parties are joint owners of real estate located at 17 Blue Rock Road, Newville, Cumberland County, Pennsylvania, which property is currently held in the joint names as tenants by the entireties. Additionally, there is an attached lot of vacant land. The respective properties are known by tax parcel number 43-07-0481-006 and 43-07-0481-007. Husband agrees that contemporaneously with the execution of this Agreement he will execute two deeds conveying all of his right title and interest in the aforesaid parcels of real estate to Wife by fee simple general warranty deeds. Husband shall then make no claim of any nature whatsoever relative to any legal or equitable interest in the aforesaid real estate from the date of execution forward. Wife shall hold Husband harmless from any and all obligations associated with the above-mentioned real estate from the date of execution of this agreement forward including any and all debts associated with the transfer of the of the real estate. Receipt of benefits provided for herein by Husband take into consideration Husband's transfer of his legal and equitable interest in the aforesaid real estate. 13. Cash Disbursementto Husband: Wife shall, contemporaneously with the execution of the deeds noted in paragraph 12, deliver to Husband the sum of EIGHT THOUSAND FIVE HUNDRED AND XXlIOO ($8,500.00) DOLLARS. 14. Reci/Jrocal Waivers of Pension Interests: Husband and Wife agree to waive any and all right, title, or interest in the other party's Individual Retirement Account(s), Pension(s), Annuities, profit-sharing plans, or other retirement accounts or plans. --Page 6 of 14-- ~,'~ r-" ..,-~ ~ - - "~ ~"- , '''f~~~,o".~ 15. Warrantv as to Post Separation and Future Obligations: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter hold harmless and keep the other party indemnified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. 16. Spousal Support. Alimonv, Alimonv Pendente Lite, and Spousal Maintenance: a.) Husband hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. b.) Wife hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. 17. Mutual Releases: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or --Page 7 of 14-- - - , - l' ~'iO~-~_j -rll_ .,,~- AI the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 18. Divorce: Wife has commenced an action for divorce against Husband pursuant to S3301(c) of the Divorce Code of Pennsylvania by filing a Complaint in Divorce docketed to No. 2001-5795 Civil Term, in the Court of Common Pleas of Cumberland County, Pennsylvania. Both parties shall, at the time of execution of this Agreement, furnish Wife's counsel with signed Affidavits of Consent and a Waivers of Notice of Intention to request the Entry of a Decree in Divorce. It is understood and agreed that the Decree in Divorce issuing from this matter shall incorporate this Agreement. Further: --Page 8 of 14-- ,;~- 1 -" - --1 >,,~-~,,~-,- ~ ;1 a.) This Agreement represents a complete and fmal agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under ~3502, et. of the Pennsylvania Code, Act. No 1980-26. b.) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. 19. Leflal Fees: In the review and preparation of this Agreement each party shall bear his or her own legal fees. 20. Remedv for Breach: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights hereunder, whether through formal court action or negotiations, or to seek such other remedies or relief as may be available to him or her. 21. Equitable Distribution: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (p.L. No. 63, No. 26) known as --Page 9 of 14-- '---'-1 ~~. ~~- ~ . M~;R;::~-:'_T en IT'I' "'~ ~ -"t~)j' ,~ . "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. 22. Summary of Effect of Al!reement: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and future clams on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 23. Tax Conseauences: By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a party of the marital estate. 24. Mutual CooTJerationlDutv to Effectuate Aweement: Each party shall at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and! or documents that the other party --Page 10 of 14-- .<&Il'il!;rl'~ ~ , ~ I' - -, - ;;,-,.-..ib-"""~r='L~~-'" ~ " " ''\ . , may reasonably require for the purpose of giving full force and effect to the provisions ofthis Agreement. 25. Reconciliation: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. 26. Severability: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations ofthe parties. 27. No Waiver of Default: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default --Page 11 of 14-- 'J~~""_. "~~ -~~- -, -, ~ft"~'~ --.'^ ~. , ~".-~ \ CJ~ .. , , of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 28. Intef!ration: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 29. Effect of Divorce Decree: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 30. Notices: Any and all notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: a.) To Husband in care of Lindsay Gingrich Maclay, Esquire, at Saidis, Shuff, Flower and Lindsay, 26 West High Street, Carlisle, PA 17013. b.) To Wife in care of Griffie & Associates at 200 North Hanover Street, Carlisle, PA 17013. 31. Waiver or Modification to be in Writinf!: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. ..Page 12 of 14-- Wj~,.~,""", . - ~~~~ ~ ~ , , .... 'j""O~ M__'.~W_' ~ ~.~,~ .' '(1 ~ 32. Cavtions: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 33. Al!reement Bindinl! on Heirs: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 34. Goveminl! Law: This Agreements shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. WITNESSES: ~c~. -tt:>-10-{jt/ Date ,y/Ud~ k!..;I~JEd FREDA K. FAHNESTOCK ~9~te7~ Date HAROLD R. FAHNESTOCK --Page 13 of 14-- '~"t:1],11, <: : - , r - - ~ ~~" ~~;:ll']l~~ _~ . <' 'I; t COMMONWEALTH OF PENNSYLVANIA COUNTY OF {~lAvw\']e(tetvwl . On this '1(p,11\ day of~, 2004, before me, the undersigned officer, personally appeared FREDA K. FAHNESTOCK, known to me (or satisfactory proven) to be the person whose name is subscribed to the within document and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. N~~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF 0~UJV\ 6E(<.toJ.uJ Onthis~dayof nclobE.e , 2004, before me, the undersigned officer, personally appeared HAROLD R. FAHNESTOCK, known to me (or satisfactory proven) to be the person whose name is subscribed to the within document and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAI.SEAL 10 ~NDll.lENKER, N~J:&~toUNT'f CARI.ISI.E BOROX~~';:;S f'EBRUARY20, 2005 MYCOMM;SSIO~_"~:~__ > ~'--dJ Notary Public?'" -------- ..Page 14 ofl4-- ,^4>W\' r ", v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 2001- 67'iS CIVIL TERM FREDA K. FAHNESTOCK, Plaintiff HAROLD RAYMOND FAHNESTOCK, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 ltffy:r~;;___,^~_."_-"",!:?;,:,,,:r,-:-<;,,,~-,, "'1":,;"...,'" ,---- 'J - "'-,~-"-f--'~'_'C"__"",,,. >"'~-~;T ~-,-t, '--\-'~j',: ',~, ">, . ~",- .'-' " v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 2001-6795 CIVIL TERM FREDA K. FAHNESTOCK, Plaintiff HAROLD RAYMOND FAHNESTOCK, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE The Plaintiff, Freda K. Fahnestock, through her attorney, Thomas S. Diehl, makes the following Complaint in Divorce, and, in support thereof, avers as follows: 1. The Plaintiff, Freda K. Fahnestock, is an adult individual who currently resides at 17 Blue Rock Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant, Harold Raymond Fahnestock, is an adult individual who currently resides at 27 Hays-Grove Road, Newville, Cumberland County, Pennsylvania 17241. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on August 14, 1960 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff '''{~-'-"'' b _, "':'_' ->,Co-, _ ,,~,,"7F'--C<''''''''__ - -';'-~--'-_c,~F'? ,,,-- :-":'-'-, .:-, '-".r.,,~o_ _~ '_ "__', "~ton, -,_,- "-, ,--, -,;.1_','" " - ',-. ,_ -0'> ~, ~!1ll does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. WHEREFORE, the Plaintiff, Freda K. Fahnestock, respectfully requests your Honorable Court to enter a decree in divorce pursuant to 23 P.S. S 3301(c) or 3301(d) of the Divorce Code. (0 -~~O I Date: mas S. Diehl Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 170 J3 (717) 240-0833 (717) 240-0893 - FAX ";:l.c(lb."'~""'_"-'<"-'_~~"""~~___"""="~'"_="_''-''''~~:"A-'I-?' ^--, - '_ ';-~I'.""_" .~~,'" ,'!',1.='_'''-. '><!"'" - - -0 ___ . "~'>' _ _ .,.--<_ "'. _ _~; _',' ,. ""~'''~'',' '(I;l[ T'" _~. ~~ ~ ~ 'n:"': - - -'C. ' '. VERIFICATION 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. S 4904, relating to unsworn falsification to authorities. ~/A/~ ~i:nq:WA FREDA . F ESTOCK, Plaintiff -"'<"~,J\.- -~_!,:~,,,-,,,__""_c;f"('J"~?"":<J<,,"'''':-''''C;'~''''': ?--~.,.,,''''''''''f ,~"__':' >',_, . --__,~"' ,,\- -,s~:r,," ,,,,e, ," --d~,'_"'_"''', ,~-., -" ,'~ ill ;<'0',\,";/ ,_~ 0" ,Jft".~"JJJ_ <0 ~~ n, - -c~ .oj;'",''','' -, ,-'0_ ,,-,>0. ""'fi- {"<'f ,'1-""_': ~~<4W-~'-Nltr':~~~'f~<i'.~~:.1{"~in~'~it.Pt:?i;:g,ii(~&}1kV0;f1;,;~ G>~ 0' -.J ',.) ~ ~- - ....... ~\ '^ ~ ~ C;:,- c:f --- -.J ~f-J"\ V\, CC< o c- L~,/~t ~,:_', ~"::-i< \/1___ ~' -?~~' "'-,' . ~:::;('-! ~-_.); -~ '---<;~' ,:::> ~,.') -"--4 , (."-, - - (.'0 (~ l'.:'-., -:.( I -'~!"'!lrn,,~,4,'''' _-~ .~ ",~,~~~~"~';;$I~jl<HII'f~I'lilIl'I\~Ifl~~W'~~t"~''-Mt,W'''f~\4~fW".,;...~-r;~"_""'-W..,\~q*'''''~;';ii1'''':~~;;>;_''M'''1!:~"I~~~~~;l;'-''''1'<-"'''<;;t'''''-'~<'Rj''-Y-'''-''it'f~t:?'1!'!ffll''~l' ""1<:'f?:r,5;::':-__: -.H"Ti'-:u- 1- FREDA K. FAHNESTOCK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW HAROLD R. FAHNESTOCK, Defendant : NO. 01-5795 : IN DIVORCE CIVIL TERM AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under 93301 (c) of the Divorce Code was filed on October 5, 2001, and served on October 15,2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. ' I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: /0 -:2G' - of ,:it {(,It\:- .)!../};-'/JJ/~,i! FREDA K. FAHNESTOCK, Plaintiff --'-';n~~,,, .~"__, ~, ,~ 1" m~ ~ "" "_" ~ llII I I ~, .. ~<~.""" ,,- -~--" ~ <<- -r~":'""~f""~ "1~Jlf1"'ti-:~"'~"jjtry~\"1i'{~'J"--~'"1~~"~"'+~~~d~~"!\:ii~4%'&7J;:~!J:1'iW,:::~~ZtF-q (-'1 r,,) C-;l -;"; ~";.) (n cs ~<( f ,_~~~~~~l~"if,~~;g'i:jilRlJf"lr-"',,!,"-jilfW~!"',.~:;c,'~"oa-'ki-~'4">'fi~q~l\'!.,~~'f,l~i'k:{:i':' -";"""',>i"_':i'F':~:~':, ';;"Z";'-";0"';;:"'~~~'l\----'" ~~o--:-_"7i t r--"'_~[ i':" - r ~ '_~_' -- _! FREDA K. FAHNESTOCK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW HAROLD R. FAHNESTOCK, Defendant : NO. 01-5795 : IN DIVORCE CIVIL TERM AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under 93301 (c) of the Divorce Code was filed on October 5, 2001, and served on October 15,2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of tbe Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 7-/~1P 7~ HAROLD R. FAHNESTOCK, Defendant T""""~_~,"~ '7~ __>__, 1, '""""",~"O ~ ~ ~. 'T~ - r . ~- ~L ,~,,'-' ,,- 'd,"_'~ -~""" -"'-"'f"';''';'~''o~n:f:~c'~'ii~t:':~<,;;,-;;v:~;ri-i:tl'Wti~ft~::f,~;'f'i";~";'/;l1;4~_~~~--M~ih;;:'~H~;;flligtfqi:;::t !WWf'lr'iiil'ij~_" ,-~"~i!-lw.ll~$."f~~~~~~1:~,~~~i;~~~~t:~_:fud"""";'''''--- ""","'::;"',,:',,"" '"'--1"';" ;:'-;,~-- t'". <;:::'~; ~, ~L:;,"," C:'J (" C"', ~_J '''l-l ":' ~: , ",,-":',_i9,,~,,~-1~~W:4 '-1"'[1 - ---.1 FREDAK. FAHNESTOCK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW HAROLD R. FAHNESTOCK, Defendant : NO. 01-5795 : IN DIVORCE CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorce until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. ~4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: /0- 2d -tJ!/ ;;t;./-d~ )!. "'-~~lM~/ FREDA K. FAHNESTOCK, Plaintiff -"'1i-"""'"''fl''h - .' ~ -- ~r - ~~ r-: f.L (~) ~., '-'='~',"" -,~ "" r,,~-p"~~~;""t.'[lf~-- ft"i"1f:'~""'~~Y ~Yil?kr 8:Hd:rr~'O'ilJ""fj'f:Jj;t:?'l,~\4;,t~,%~~ U') (\.5 "L!:) ~'\J c:-;) ~~ <:J-- ~ ; <- "" ~\~ifj:_~Jlitli~H~:lIhI~~~J~'m~::;wiilftt"n""''-!f?J~e~~.,w_''r'i!!i!,!~li;.~~~:r;<:"i""""- tC9<',,~'<--r"__-""'- 'lJ "-V- ~ n- r-"'( I FREDA K. FAHNESTOCK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW HAROLD R. FAHNESTOCK, Defendant : NO. 01-5795 : IN DIVORCE CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. 3. I understand that I will not be divorce until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. g4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: tJ!a1c4fc/ Ii 'i~ HAROLD R. FAHNESTOCK, Defendant ,'~L M, , '-'4 ~_ ,', ,._ ,__ , ~ .._~.. Il!IlI!'i!r ~r ~!I\l!~..,-. r.:::~:) l.;') C",: '--':) ("J F: ~_., "' ~,~ -~-~,"-"" h_ ,'" '''-i '.'<iY""~Yi:"-[,-Hrir' <~-'fk"-jt:":*f?'~~'( >";'--))ijfj;rf"~"\"'i< ~_i)11itr;J~~;itt'~'~~'f:~~JiilFnr}}!f~~lf;:Z{~~;'.&~':$,'~~ ~ 4:c, -to "" Ii: n"l:fIl~:m'~;;._'7'~ "'~1ft':4~~~r~?i1*''!;l~il'il'4~~~~~M~'\l~;~J'~:ri;' '--"'J,,";j!i!'.!',\:f&'~;::~ '~ ,,'~,-^ ",,;-,W- M1.' FREDA K. FAHNESTOCK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2001-5795 CIVIL TERM HAROLD RAYMOND FAHNESTOCK, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 16th day of October 2001, comes Thomas S. Diehl, Esquire, Attorney for the Plaintiff, Freda K. Fahnestock, and states that he had cause to be mailed a certified copy of a Complaint in Divorce to the Defendant, Harold Raymond Fahnestock, by certified, restricted delivery, return-receipt requested. A copy of said receipt is attached hereto indicating service was made on October 15,2001. J~ omas S. Diehl Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX \?l.>: ~,-'" ^ "_0 ":fJ,""-~,""JY"f}--:<:"":--;--;"'--""'7'_",,,j(,"";'~_-",-. -. '!,_~,_'I:"_'j - ,-,. _ !~_ i^' __ ' '" ;'- ~-:-I- '; " " . a- t'- c:I o U'l rr ..Il ::r Postage $ !-0.57 , - - Cerllfled Fee / fletum Receipt... 1 . lEn-....WredJ ". .. RastrictedDellveryFeo lEn__ TotaJ~&Feera $ III c:I o c:I c:I m U'l . M old R. Fahnestock Street, Apt. No.; OJ' PO BOJC No. _._~_Ha}'~-Grove Road CIty. Stafe, ZJP+ 4 . Complete items 1, 2. and 3. Also complete item 4 jf Restricted DeJivery is des;red. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the matlpiece, or on the front if space permits. 1. Article Adcb'essed to: o Agent dd...... DYes ftNO O~1iver to addressee on" D, Is delivery address CmtelCll1t 1roITi itart; 1? If YES, enter delivery address below: HAROLD R. FAHNESTOCK 27 HAYS-GROVE ROAD NEWVILLE, PA 17241 3. Service 'TYpe ~Cert_ Ma' D Express t).laR o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? ('&tI3 Fee) XX Yes 7000 1530 0002 4695 0079 ,- - - 2. Article Number (Copy from s'&f?'7Ce labeQ - PS Fonn 3811, July 1999 Domestic Retum Receipt 102595-OO-M.o952 I I { !!lI tiS- $I ) ~,~, --" ",,",,> .~., '--<~~' - '""",,'""-$:h- .iItf"""- ~"- : "' ,""'~-'r,;\f" r",,~,:~'"P"''''' "7:':--:*(,, "._~If'I,!'I'-~,.w~I,~ I ifilli' m,ixn' 'f'Tr- '1"" 'I "tW<i"'I',~';\iif'J , 0 a ,.-'---" '...... c " , ~ C) -0 OJ r> .. n'lm -l !::::-: -....-,-, ~.~ ~~~ -.J "---.'i:--j -<- "" '-::~C) ICe -0 ~; "-'-', >'0 ~ ;~);~ Z"" 7\,) 5>~ ':.' ;o=.:;:fTl '-' Z ~ ~ ::< :'D -< ~~. ."i;'i :-<"""'i',",yb~",-'$"~~~'jil!L~:-",, _,'^'-"___~'>.- c,"7':'1"""','t_",-,~"_:","",,,,:,,.-:~f~;'~""'" '~~-T m"----fn~' - ~ ,- -~ < . . IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA FREDAK. FAHNESTOCK, Plaintiff NO. 2001-5795, CIVIL TERM V. CIVIL ACTION-LAW IN DIVORCE , " L' HAROLD RAYMOND FAHNESTOCK, DEFENDANT l:i ,il )1 COUNTER-AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. CHECK EITHER (A) OR (8) i':; (A)---> I do not oppose the entry of divorce ;:'( (8) , I oppose the entry of divorce for the reasons checked off below: "'" "" 1. _The parties have not lived separate and apart for at least two years 2._The marriage is not irretrievably broken 2. CHECK EITHER, (A) OR (8) (A) , I do not wish to make any claims for economic relief I understand that I may lose rights concerning alimony, division of property, lawyers fees, or expenses, or other important rights (B) ')(' , I wish to make a claim for economic relief which may include alimony, d~fproperty, lawyer's fees or expenses or other important rights t::~ 01'1 -03 DATE I verify that the statements made in this counter-affidavit are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa. e.S. 4904 regarding unsworn falsification to authorities. ~hf:'J~ FREDAKFAHNESTOCK NOTICE: If you do not wish to contest the entry of a divorce decree, or make any claim for economic relief, you need not file this counter-affidavit ..- ,--"- -;>;",~_~""_;"'1"'~I'?ri1' - ,"-, ,,," N. ~~' >",,","'i'_~"'~, ',\' " ,,-~- ~,~ , I'-! ,~ ~ . !l!J1!!l _ _A _P" __ "'._'",~",__" ".?,"_"" _ ,,_;.- ,,,'" , ,', ~:<Frv . "n,~"~.,, 'lt~nlWlnni51lr'inr' 1111" inli'ir']lCi!iI'f"";;'''U" (') ~, C_";' C (~, " 7' , -~ "'Oct: '.,~.,. .... r>1rt' - -~r z:J;) ",0"; zr -, (;':!~ -<.....: ,- - !:;:C -0 _1--"', "'c ::t: '~i',8 Z6 '-? ':::;\ $c: -,I ;i; :.::l -< ...J -~ ~4 JUN 3 0 200:i J"<"'!,!!!!'B~~Tll?l1:\~~__L ,.~,:,,",,,,~,,;w~~')i!:#ii;(!\ru'''t:~'~I~~!'il''~~l~~_~!'il~'H.'j\\'~~II,!l!t.t,, .,_~,t-