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Home My WebLink About04-4727 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DAVID R. LOUDENSLAGER, Plaintiff, No. 2004-472.7 C'(">lll~ vs. Action in Divorce LIZABETH E. LOUDENSLAGER, Defendant. 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. Ajudgment may also be entered against you for any other claim or relief requested in hese papers by the Plaintiff. You may lose money or property or other rights important to you. ncluding custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage. ou may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at York County Judicial Center, 45 North George Street, York, Pennsylvania. 17401. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR MENT IS ENTERED, YOU MAY LOSE THE RIGfIT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO OT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. !stine& Sparler AnC1INfVS.4.'LAw Lawyer Referral Service of the York County Bar Association York County Bar Center 13 7 East Market Street York, PA 17401 (717) 854-8755 II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y, PENNSYLVANIA CIVIL ACTION - LAW 'lA VID R. LOUDENSLAGER, I Plaintiff, I No. 2004- Ai7J..7 CtC.,)::' l~ vs. .~LIZABETH E. LOUDENSLAGER, Defendant. Action in Divorce A VlSO PARA DEFENDER Y RECLAMAR DERECHOS JSTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas ..xpuetas en lad paginas siguientes, debe tomar accion con prontitud. Se Ie avisa que si no se ":efiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido ..n su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier i)tra queja 0 compensacion reclamados por el demandante. Vsted puede perder dinero, 0 ;ropiedades u ostros derechos importantes para usted. Cuando la base para el divorico es indignidades 0 rompimiento irreparable del matrimonio, usted ;uede so!icitar consejo matrimonial. Una !ista de consejeros matrimoniales esta disponible en Ja oficina del Prothonotary, en la York County Court of Common Pleas, 45 North George Street. rork. Pennsylvania. I SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARlT AL. ONORARIOS DE ABOGADO U OSTROS GASTOS ANTES DE QUE EL DECRETO :?INAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, lJSTED PUEDE PERDER EL ::>ERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO -IENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA :->>IDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. stine & Sparler Ar/()','N!,SArLAW Lawyer Referral Service of the York County Bar Association York County Bar Center 137 East Market Street York, Pennsylvania 17401 Telefono: (717) 854-8755 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DAVID R. LOUDENSLAGER. Plaintiff, No. 2004- vs. Artion in Divorce ELIZABETH E. LOUDENSLAGER. Defendant. COUNT I - DIVORCE I. The Plaintiff, David R. Loudenslager, is an adult individual with a mailing address of P.O. Box 147, Loganville, Pennsylvania, 17342. 2. The Defendant, Elizabeth E. Loudenslager, is an adult individual who resides at 929 Forbes Road, Carlisle, Pennsylvania, 17013. 3. The Plaintiff has resided in the Commonwealth of Pennsylvania for a period in excess of six (6) months immediately preceding the filing of this Complaint. 4. The parties were lawfully married on October 22, 1994. 5. The Plaintiff has been advised of the availability of counseling and that th~ Plaintiff may have the right to request that the court require the parties to participate in counseling, however she declines said right. stine & ;parler A'I'!/i~'IVSA,L~w 6. The Plaintiff avers that the marriage is irretrievably broken and that the partie, have lived separate and apart since September lO, 2004. 7. This action is not collusive as defined by Section 3309 of the Divorce Code. 8. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. WHEREFORE, Plaintiff respectfully requests that a decree of divorce be entered pursuant to Section 3301(c) and/or (d) of the Divorce Code. dissolving the marriage between Plaintiff and Defendant. Respectfully submitted, ANSTINE & SPARLER Date~,t[ \ 't. Jo.:.~ By: ~...-, / /r--- ( -<v e~e /{ arler. squire II']Z ~ar eet York, PA 17401 (7] 7) 846-8811 ID. No. 07435 stille & ')parler ArWRNf".,4.'L4W 2 lnstine & Spar/er ArrClfINn'S."L'lW II I VERIFICATION The undersigned verifies that the statements made in th,' foregoing Di vorce Complaint, which are wi thin the personii '. knowledge of the undersigned, are true and correct, and as to tlip facts based on the information of others, the undersigned, aftt'] diligent inquiry, believe them to be true. And further, thi:i Verification is signed on the reconunendation of my attorneys, wh., advise me that the allegations and language in this document an' required legally to raise issues for resolution at trial, by th'. Court, or by continuing investigation and preparation for trial. understood that some of these allegations may prove inappropriatp after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advicp. I understand that all statements herein are made subj ect t,) the penal ties of 18 54904 Pa.C.S.A. relating to unSWCH" falsifications to authorities. ~~~~~ p (:) ofQ. - #- 1- -0 \) - "- ..J:::. 0 r"0 /I) 6' " 8 ~ w ~ ,- ....1 Vv II) ~ . :: C> '. 1- - - -' IN THE COURT OF COMMON PI,EAS OF CUMBERLAND COUNTY. PENNSYLV ANlA CIVIL ACTION - LAW DA VlD R. LOUDENSLAGER, Plaintiff. No. 2004-4727 Civil Term vs. Action in Divorce ELIZABETH E. LOUDENSLAGER, Defendant. ACCEPTANCE OF SERVICE I accept service of the Divorce Complaint filed September 20, 2004. I certify that I am authorized to accept service on behalf of Defendant. Date ~ - Yl ~() '1 C.JLQ~ Andrew C. Spears, Esquire Metzger, Wickersham, Knauss & Erb, Pc. 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Supreme Court 1.D. No. Anstine & Sparler ATlo,?N["NLAw ....., e::::) ::2 C., -n .-< :r f11:I.7 r. -'Om ~!") CF} ~..)C :-:-! ..) ~;j'~i! "-rrl ",../ ;;!:;J ::0 "< a ('") --, I :f~ ':'? . DAVID R. LOUDENSLAGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-4727 CNIL TERM ELIZABETH E. LOUDENSLAGER, Defendant ACTION IN DIVORCE MARITAL SETTLEMENT AGREEMENT <2rci M JL 5 . THIS AGREEMENT, made this ~ day of OJ( , 20ot, by and between DavId R. Loudenslager (hereinafter "Husband") of Loganville, York County, Pennsylvania, and Elizabeth E. Loudenslager (hereinafter "Wife") of Carlisle, Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, the parties are Husband and Wife, married on October 22, 1994, in York County, Pennsylvania; and WHEREAS, two children nnder the age of 18 were born of the marriage: Erin E. Loudenslager, d.o.b. 11128/1998, and Paige C. Loudenslager, d.o.b. 07/03/2003; and WHEREAS, unhappy differences and difficulties have arisen between the parties, in consequence of which the parties intend to live separate and apart for the rest of their natural lives; and WHEREAS, the parties are Plaintiff and Defendant, respectively, in a divorce action filed in the Court of Common Pleas of Dauphin County, Pennsylvania, to Docket No. 2004-4727-Civil Tenn; and WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including, but not limited to, the ownership and equitable distribution of real and personal property; past, present and future support, alimony 316194 . and/or maintenance; and any and all claims which either party has, or may have, against the other or the other's estate; and NOW, THEREFORE, in consideration of the mutual promises, covenants, and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which the parties acknowledge, Husband and Wife, each intending to be legally bound, hereby covenant and agree as follows: L SEPARATION Each party shall have the right to live separate and apart from the other party, free from the other party's interference, authority, and controL Neither party shall interfere with the other or attempt to interfere with the other, nor compel the parties' cohabitation. 2. HUSBAND'S AND W1FE'S DEBTS Except as otherwise set forth in this Agreement, the parties represent and warrant to each other that they have not incurred and will not contract or incur any debt or liability for which the other or the other's estate might be responsible. Each party shall indemnify and save harmless the other party from any and all claims or demands made against the other by reason of debts or obligations incurred by that party. 3. WANER OF RlGHTS AND MUTUAL RELEASES Except as provided in this Agreement, both parties absolutely and unconditionally release and forever discharge each other and their heirs, executors, administrators, assigns, property, and estate from any and all rights, claims, demands, or obligations arising out of or by virtue of the marital relationship, whether such claims exist now or arise in the future. This release shall be effective regardless of whether such claims arise out of former or future acts, contracts, - 2 - 316194 engagements, or liabilities of the parties or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or 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 Pennsylvania, any state, commonwealth, or territory of the United States, or other country. If one party receives money or other property from the estate of the other or as a result of any beneficiary designation made by the other, the receiving party shall immediately return same to the estate of the deceased party unless the will, codicil or other beneficiary designation through which the money or property was received is dated after the date of the agreement. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement, each party gives to the other an absolute and unconditional release and discharge from all causes of action, claims, rights, or demands whatsoever, in law or in equity, which either party ever had or now has against the other, including, but not limited to, alimony, alimony pendente lite, spousal support, equitable distribution of marital property, counsel fees or expenses. 4. DNISION OF PERSONAL PROPERTY The parties have divided all items of personal property, except as otherwise specified herein, to their mutual satisfaction, and in accordance with Exhibit A which is attached and incorporated herein by reference. All personal property currently in Husband's possession shall be the sole and separate property of Husband. - 3 - 3\6\94 All personal property currently in Wife's possession shall be the sole and separate property of Wife. 5. MOTOR VEHICLES Husband shall retain sole and exclusive ownership of the 2000 Ford Expedition currently in his possession. Wife shall retain sole and exclusive ownership of the 2001 Chevrolet Impala currently in her possession. The parties agree to transfer vehicle titles to each other as needed within thirty (30) days from the date of signing this Agreement Husband agrees to pay the outstanding loan on the 2000 Ford Expedition and agrees to indemnify and hold Wife harmless from his failure to do so. 6. MARITAL DEBTS The parties acknowledge that they have no outstanding marital debts which were incurred prior to the signing of this Agreement, with the exception of the following: a. Husband's 2000 Ford Expedition loan. Husband agrees to be solely responsible for his 2000 Ford Expedition loan and agrees to indemnify and hold harmless Wife from his failure to do so. Any debts or obligations incurred by either party in hislher individual name, other than those specified herein, whether incurred before or after separation, are the sole responsibility of the party in whose name the debt or obligation was incurred. It is the specific understanding of the parties that by his or her undertaking the obligation to pay the aforementioned marital debts and expenses, each is providing the other with the means necessary to support and maintain hirnselflherself by relieving him!her of the responsibility of payment It is the intent ofthe parties that these payment obligations shall function as maintenance - 4- 316194 and support for the purposes of rendering it non-dischargeable, pursuant to 11 USC 523 (a)(5), in the vent a party should seek protection under the Bankruptcy laws of the United States. In the event a party succeeds in discharging any of the aforementioned debts, he/she shall be required to equitably reimburse the other to the extent he/she pays any of the obligations. The Court shall retain continuing jurisdiction to award such to a party, along with counsel fees, expenses, and costs. Notwithstanding the foregoing, the parties hereby waive any right to and shall not in the future deduct on his/her income tax returns any part of hislher debt and mortgage payments hereunder as either alimony or spousal support The parties shall not, therefore, declare any part of such payments as income on future income tax returns. 7. RETIREMENT BENEFITS Each of the parties does specifically waive, release, renounce, and forever abandon all of their right, title, interest, or claim, whatever it may be, in any pension/retirement/profit sharing plan of the other party, whether acquired through said party's employment or otherwise, and hereafter the pension/retirement/profit sharing plan shall be identified above as being either husband's or wife's and shall become the sole and separate property of the party in whose name or whose employment said plan is carried. 8. DNISION OF BANK ACCOUNTS Husband and Wife acknowledge that all joint bank accounts have been closed or divided te their mutual satisfaction prior to the execution of this Agreement At and after separation, It parties also had separate accounts. Each party shall retain his or her own separate account - 5 - 9. AFTER-ACQUIRED PROPERTY Each of the parties shall own and enjoy, independently of any claims or rights of the other, all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. 10. SPOUSAL SUPPORT. ALIMONY PENDENTE LITE, AND ALIMONY Husband and Wife waive and relinquish all rights, if any, to spousal support, alimony pendente lite, and alimony. Any transfer of monies between the parties pursuant to any term of this Agreement shall not constitute alimony, but is made as part of the parties' equitable distribution. - 6- 11. TAX MATTERS The parties have negotiated this Agreement with the understanding and intention to divide their marital property. The parties have determined that such 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 constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this agreement were effected without the introduction of outside funds. The parties have filed various joint returns during the course of their marriage. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the parties shall share equally all such tax, penalty, interest and expense. However, ifthe amount due is 316194 the result of fraud or intentional misrepresentation on the part of a party, that party shall bear all such expense, including counsel fees, accounting fees and costs of the other spouse. 12. COUNSEL FEES AND EXPENSES Except as otherwise specified herein, each party shall be responsible for payment ofhislher own counsel fees and expenses. - 7 - l3. ADVICE OF COUNSEL The parties acknowledge that each has received or has had the opportunity to receive independent legal advice from counsel of their selection and that they have been informed fully as to their legal rights and obligations, including all rights available to them under the Peunsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he/she Wlderstands fully the terms, conditions, and provisions of this Agreement and believes them to be fair, just, adequate, and reasonable under the existing circumstances. The parties further confinn that each is entering into this Agreement freely and volWltarily and that the execution of this Agreement is not the result of any duress, Wldue influence, collusion, or improper or illegal agreement. Each party has received all of the infonnation and documentation requested concerning matters of equitable distribution and the other claims disposed herein. 14. AFFIDAVITSOFCONSENT Each party agrees to execute an Affidavit of Consent for the obtaining of a no-fault divorce Wlder the provisions of the Divorce Code of 1980, as amended. However, upon refusal to consent, all distributed property shall be returned to the other party originally in possession, until the time of the final decree. 316194 - 8 - 15. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided m Section 3l05(c), provIsIons of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. 16. DATE OF EXECUTION The "date of execution", "date of this agreement", or "execution date" of this Agreement is the date upon which it is signed by the parties if they sign the Agreement on the same date. Otherwise, the "date of execution", "date of this agreement", or "execution date" shall be the date on which the last party signed this Agreement 17. HEADINGS NOT P ART OF AGREEMENT The descriptive headings preceding the paragraphs are for convenience and shall not affect the meaning, construction, or effect of this Agreement 18. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS Each separate obligation shall be deemed to be a separate and independent covenant and agreement 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. 316194 19. AGREEMENT BINDING ON HEIRS This Agreement shall be binding on and shall enure to the benefit of the parties and their respective heirs, executors, administrators, successors, and assigns. 20. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations, warranties, covenants, or promises other than those expressly set forth in this Agreement. 21. MODIFICATION OR WAIVER TO BE IN WRITING - 9- No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both parties. 22. NO WAIVER OF DEFAULT The failure of either party to insist upon strict performance of any term of this Agreement shall in no way affect the right of such party hereafter to enforce the term. 23. VOLUNTARY EXECUTION The parties acknowledge that this Agreement is fair and equitable, and that they have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion, or improper or illegal agreements. 24. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980, as amended. 316194 25. ATTORNEYS' FEES FOR ENFORCEMENT If either party breaches any provision of this Agreement, the breaching party shall pay all reasonable legal fees and costs incurred by the other in enforcing this Agreement, providing that the enforcing party is successful in establishing that a breach has occurred. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESS: ;j)~,( ~'I1il~' ---- David K Loudenslager - 10- 3\6\94 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF On this, theJr} day of ~ 20d?, before me, the undersigned officer, personally appeared David R. Loudenslager, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~... ,- N:>'"' "~~l'j rUbuJ L KC'5lel>'2;;lI(";"'-'~.'\ OUl1ty C,ilY\)\'{U":-,.'o&,C 2007 'r""-"-", c^9\r8SIvt3V 10,_ ~~~~;:~,~:'~' _:',~::'.',:~~-~~';::~'b'~;'J(~f f.C~i-;e$ ******************************************************************************* COMMONWEALTH OF PENNSYLVANIA COUNTY OF (?;LfrIuJd~ ss . 0-. ~ I On this, the L day of tHL "-- .) , 200~, before me, the undersigned officer, personally appeared Elizabeth E. Loudenslager, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ([tv [L A1t 316194 1:\f\LES\DAT AFILE\Gencral\CulTent\1 1371 ,2Jdivpra Cl'c~(ed 9i20/040(]6PM Rc...ised J/llli05 9JIA.\1 Jennifer L. Spears, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant DAVID R. LOUDENSLAGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-4727 CIVIL ACTION - LAW ELIZABETH E. LOUDENSLAGER, Defendant IN DIVORCE PRAECIPE To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: L Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of servIce of the complaint: Acceptance of Service by Andrew Spears, Esquire, on September 27, 2004. 3. Date of execution of the Plaintiffs affidavit of consent required by Section 3301 (c) of the Divorce Code; March 8, 2005; by the Defendant; March 8, 2005. 4. Related claims pending: All claims were settled pursuant to the parties' Marital Settlement Agreement of March 3,2005. 5. Date Plaintiffs Waiver of Notice III g330l(c) Divorce was filed with the Prothonotary: March 9, 2005. Date Defendant's Waiver of Notice III g3301(c) Divorce was filed with the Prothonotary: March 9, 2005. Date: March 10, 2005 ! By I J enni r Spears, Esquire I.D. No. 87445 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant ~irIe& Jar/a """"",,'L..,w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DAVID R. LOUDENSLAGER, Plaintiff, No. 2004-4727 Civil Term vs. Action in Divorce ELIZABETH E. LOUDENSLAGER, Defendant. AFFIDA VIT OF CONSENT 1. A Complaint 10 Divorce under 9330I(c) of the Divorce Code was filed on September 20, 2004. 2. The Marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date offiling and service of the Complaint 3. I consent to the entry of a final decree of divorce after service of Notice ofIntention to Request Entry of the Decree. 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. 94904 relating to unsworn falsification to authorities. Date: ,S!f?!6 F) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW DAVID R. LOUDENSLAGER, Plaintiff, No. 2004-4727 Civil Term vs. Action in Divorce ELIZABETH E. LOUDENSLAGER, Defendant. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Q3301(c) OF THE DIVORCE CODE I. I consent to the entry of a Final Decree of Divorce without notice. 2. I understand that I may lose rights conceming 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 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. ille& Jarfer ( f" / ~-, t'": L Date:~ 0 C.) "",""",,',,'L.w... 1111e& 'parler 4,.....'.".".'.,"i...l.Wi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW DAVID R. LOUDENSLAGER. Plaintiff, No. 2004-4727 Civil Term vs. Action in Divorce ELIZABETH E. LOUDENSLAGER, Defendant. AFFIDA VIT OF CONSENT L A Complaint m Divorce under ~330l(c) of the Divorce Code was filed on September 20, 2004. 2. The Marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this 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: '?J!0 (0<; ,:;t) ad /. LL/hM,J?/A~ David R. Loudenslager ' - - - -- - - 1 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ~ DAVID R. LOUDENSLAGER, Plaintiff, No. 2004-4727 Civil Term vs. Action in Divorce ELIZABETH E. LOUDENSLAGER, Defendant. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE I. 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! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy ofthe 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.e.S. Section 4904 relating to unsworn falsification to authorities. Allstille& Sparler A.o"""'."'''..1.'L'LV Date: ~0loS :f)cw:I) ~~,.-/ David R. Loudenslager ~~~~~ ~ +~ ~~+++~++++++~+++++++.~+~~~++++.+++++++++++.++++++++.+.++++++++.++ , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ++++++++++++++++++++++~ +'+' ~ ~ Of. +. '" , , , , , , IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY , , , . . . . . , , , . . . . STATE OF DAVID R. LOUDENSLAGER . , , . . VERSUS ELIZABETH E. LOUDENSLAGER . . . . , . . . . . . , , , . , . . . . , . , , . . . , . , . , . , , . . PENNA. No. 2004-4727 DECREE IN DIVORCE AND NOW, /h I!V~ . /,5 , _~O:;-, IT IS ORDERED AND DECREED THAT DAVID R. LOUDENSLAGER , PLAINTIFF, AND ELIZABETH E. LOUDENSLAGER , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE , . , . . . . . . . . . . , . , , . , , . YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT The terms ann provi~inn~ nf ~hA p~r~iQc' Mprita' 5P~~lpmpn~ Agrppmpn~ n~~pd Decree. March 3, 2005, which was filed with the Court, is hereby incorporated but not , , . , . , . , . , , . , , +.+ +. +. +. '+: +. URT: I /J /c(e:... ~ (..: . r ROTHONOTARY , ++ ++~+++++++.+++ +++.++++. J. ~ ~7 ~Z7nt ~!{.>C /51 [ 7P;Y~ f/! ~ r':~ Mtl I1l .577' ~I .,' \ -'-'I -''''.!, / . . ":' '" ,,~t \ . ,,:\F!LESIDAT AFlLE\GellerallCurremll 1 371 _23_divpra Created: 9/20/04 006PM Revised: 2/25/05 1,16PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant DA VlD R. LOUDENSLAGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-4727 CIVIL ACTION - LAW ELIZABETH E. LOUDENSLAGER, Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw the appearance of Metzger Wickersham Knauss & Erb on behalf of Defendant in the above matter. METZGER WICKERSHAM KNAUSS & ERE Gf~ Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant in the above matter. Date: '7 2 '> . l\ MARTSON DEARDORFF WILLIAMS & OTTO (11 omYJ By i :" i Jennifer L. Spears, EsqUIre LD. No. 87445 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant . . CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Kenneth J. Sparler, Esquire ANSTINE & SP ARLER 117 East Market Street York, PA 17401 MARTS ON DEARDORFF WILLIAMS & OTTO ricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated:ljfUd J./J. oQ5" ~?, (~J' ;:$. :<' ?'J , I'J 1.:, :;:. r;? ~._') .r;~ -4. - () ~,,) -