HomeMy WebLinkAbout01-4160
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
Danie11e May Ashenfe1der
Plaintiff
VERSUS
T ,on l{pnnpth ARhf>nff> 1 nf>r
Defendant
AND NOW,
DECREED THAT
AN 0 Lon Kenneth Ashenfe1der
PENNA.
No. 01-4160 - Civil
DECREE IN
DIVORCE
it <l~U (M.
,2002
, IT IS ORDERED AND
Ashenfe1der
, PLAI NTI FF,
, 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;
1JtJ-iJL
PROTHONOTARY
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PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this [)/pth day of ~
, 2002, is by and
between:
LON K. ASHEN FELDER, of 19 Dicken Drive, Marysville, Pennsylvania, party of the
first part, hereinafter referred to as "Husband"; and
DANIELLE MAY ASHENFE! DER, of 3006 Warren Way, Mechc::nicsburg.
Pennsylvania, party of the second part, hereinafter referred to as "Wife."
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been married on 22
December 1995 and no children were born of this marriage;
WHEREAS, certain difficulties have arisen between the parties hereto which have
made them desirous of living separate and apart from one another and Wife has initiated an
action in divorce filed to No. 01-4160 Civil Term before the Court of Common Pleas of
Cumberland County, Pennsylvania;
WHEREAS, the parties hereto, Wife being represented by Richard C. Gaffney,
Esquire, and Husband by Samuel L. Andes, Esquire, have each exchanged full and complete
information as to the property, assets, and liabilities owned and owed by each and have
disclosed to each other and to their respective attorneys full information as to the financial
status of both parties hereto; and
WHEREAS, the parties hereto have mutually entered into an agreement for the
division of their assets, the provision for the liabilities they owe, and provision for the
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resolution of their mutual differences, after both parties have had full and ample
opportunity to consult with their respective attorneys, and the parties now wish to have
that agreement reduced to writing.
NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the
mutually made and to be kept promises set forth hereinafter, and for other good and
valuable considerations. and int8nd1ng. to be legally bound and to legally bind their heirs,
successors, assigns, and personal representatives, do hereby covenant, promise, and agree
as follows:
1. REAL ESTATE. The parties acknowledge that Husband owns now, and owned
prior to the marriage, a single family residence at 19 Dicken Drive in Marysville, Perry
County, Pennsylvania. Wife does hereby waive, release, relinquish, and quitclaim any and
all right, title, and interest in or claim against said real estate, specifically including any
increase in the value of the property or any increase in Husband's equity in the property
which may have occurred during the marriage, and confirms the property to be Husband's
sole and separate property free of any further claim by her. Further, Wife agrees that she
shall make, execute, acknowledge, and deliver a quitclaim deed, spousal waiver, or any
other document deemed necessary by Husband or his attorney to put into full force and
effect her waiver of any claim in or to said property in the future.
2. MOTOR VEHICLES. Husband does hereby waive and release all right, title, and
interest in and to that certain 2000 Pontiac Grand Am automobile currently titled in Wife's
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name, and does hereby confirm that to be the sole and separate property of Wife, free of
any further claim by Husband hereafter.
Wife does hereby waive and release all right, title, and interest in and to that certain
1997 Chevrolet van automobile currently titled in Husband's name, and does hereby
confirm that to be the sole and separate property of Husband, free of any further claim by
Wife hereafter
Each of the parties agrees that they shall pay and satisfy, in accordance with their
terms, any loans, leases, encumbrances, or debts against the motor vehicles awarded to
either of them by this paragraph and shall further pay any and all obligations arising out of
their ownership, use, or possession of said vehicles from the date of this agreement
forward. Further, the parties agree that they shall indemnify and save the other harmless
from any loss, cost, or expense caused to that party by their failure to pay such obligations
or expenses in the future.
3. CASH PAYMENT. Husband shall pay to Wife, upon execution and delivery of
this agreement, the sum of Twenty-Seven Thousand Five Hundred ($27,500.00) Dollars, in
certified or bank funds, which payment represents the equitable distribution of the parties'
marital assets and shall not be treated by either of them as alimony or spousal support.
4. PERSONAL PROPERTY. The parties hereto mutually agree that they have
effected a satisfactory division of the furniture, household furnishings, appliances, and
other household and personal property between them and they mutually agree that each
party shall, from and after the date hereof, be the sole and separate owner of all such
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tangible personal property presently in his or her possession, whether said property was
heretofore owned jointly or individually by the parties hereto, and this agreement shall have
the effect of an assignment or receipt from each party to the other for such property as
may be in the individual possessions of each of the parties hereto, the effective date of said
bill of sale to be contemporaneous with the final decree in divorce entered in the action
contemplated to be filed herein..
5. WAIVER OF FURTHER EQUITABLE DISTRIBUTION. The parties acknowledge
that each of them have had a full and ample opportunity to consult with counsel of their
choice regarding their claims arising out of the marriage and divorce and that they have
specifically reviewed their rights to the equitable distribution of marital property, including
rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the
right to have the court review the assets and claims of the parties and decide them as part
of the divorce action. Being aware of those rights, and being aware of the marital property
owned by each of the parties, the parties hereto, in consideration of the other terms and
provisions of this agreement, do hereby waive, release and quitclaim any further right to
have a court or any other tribunal equitably distribute or divide their marital property and do
hereby further waive, release and quitclaim any and all claim against or interest in assets
now currently in the possession or held in the name of the other, it being their intention to
accept the terms and provisions of this agreement in full satisfaction of all of their claims to
the marital property of the parties and the equitable distribution of the same.
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6. WAIVER OF ALIMONY. SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE.
The parties acknowledge that they are aware of the income, education, income potential,
and assets and holdings of the other or have had full and ample opportunity to become
familiar with such items. Both parties acknowledge that they are able to support and
maintain themselves comfortably, without contribution from the other beyond that as
provided for in this Property Settlement Af.!ieement, upon the income and assets owned. by ,
each of them. The parties hereby accept the mutual covenants and terms of this
Agreement and the benefits and properties passed to them hereunder in lieu of any and all
further rights to support or alimony for them self, counsel fees, and alimony pendente lite at
this time and during any and all further or future actions of divorce brought by either of the
parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever
any and all right to support, alimony, alimony pendente lite, counsel fees and expenses
beyond those provided for herein, during the pendency of or as a result of any such
actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at
this time and at any time in the future.
7. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in
the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband,
and each of the parties hereto by these presents for himself or herself, his or her heirs,
executors, administrators, or assigns, does remise, release, quit claim, and forever
discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or
any of them, of any and all claims, demands, damages, actions, causes of action or suits of
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law or in equity, of whatsoever kind or nature, for or because of any matter or thing done,
omitted, or suffered to be done by such other party prior to the date hereof; except that
this release shall in no way exonerate or discharge either party hereto from the obligations
and promises made and imposed by reason of this agreement and shall in no way affect
any cause of action in absolute divorce which either party may have against the other.
8 .W81YER OF OTHERJ~ROPERcJY_CJ,,~IMS A,NE.LEST ATECLAIM&. Except as
herein otherwise provided, each party hereto may dispose of his or her property in any
way, and each party hereby expressly waives and relinquishes any and all rights he or she
may now have or hereafter acquire, under the present or future laws of any jurisdiction, to
share in the property or the estate of the other as a result of the marital relationship,
including, without limitation, the right to equitable division of marital property, alimony,
alimony pendente lite, and counsel fees, except as provided for otherwise in this
Agreement, dower, courtesy, statutory allowance, widow's allowance, right to take in
intestacy, right to take against the will of the other, and right to act as administrator or
executor of the other's estate, and each will, at the request of the other, execute,
acknowledge, and deliver any and all instruments which may be necessary or advisable to
carry into effect this mutual waiver and relinquishment of all such interests, rights, and
claims.
9. REPRESENTATION AS TO NO DEBTS. The parties hereto mutually represent to
the other than neither of them has incurred any debts in the name of the other not
previously disclosed or provided for in this agreement. Each of the parties hereby
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represents to the other that neither one of them have incurred or contracted for debts in
the name of the other or for which the other is or would be legally liable from and after the
date of the parties' separation. Both parties hereto mutually agree and promise that neither
will contract or otherwise incur debts in the other's or joint names without the prior
permission and consent of the other party hereto. Both parties hereto represent and
warrant to. the other pCU't.v., that they have not so contracted any debts unbeknownst to the
other up to the time and date of this Agreement.
10. DISCLOSURE. Both of the parties hereto represent to the other that they have
made full disclosure of the assets and income and income sources owned, controlled, or
enjoyed by either of them and that neither party hereto has withheld any financial
information from the other. Each of the parties represents that they have reviewed such
information, as well as the law of Pennsylvania as it relates to their rights, obligations, and
claims arising out of their marriage and of any divorce action which has or may be filed
between the parties with an attorney of their choice, or had the opportunity to review such
matters with an attorney of their choice and voluntarily decided not to do so. Further, the
parties each acknowledge that they are aware that they have the right to compel the other
party to provide full financial information about all assets owned by either party and all
liabilities owed by either party and have the right to have a court force such disclosure in a
divorce action. Being aware of those rights, the parties expressly waive the right to further
disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree
that they are satisfied with their understanding of their legal rights and obligations. Being
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so aware and satisfied, the parties mutually accept the terms and provisions of this
agreement in full satisfaction of any and all rights or obligations arising of their marital
status or the divorce action now pending or to be filed between them.
11. CONCLUSION OF DIVORCE. The parties acknowledge that this agreement is
made in contemplation of the conclusion by both of them of an action in divorce which has
been filed or will be filed shortly.bv one,oftheparties hereto. . Both of the. parties,hereto'
agree that they shall, contemporaneously with the execution of this agreement, execute
and deliver to their respective attorney or attorneys, an Affidavit of Consent under Section
3301 (c) of the Divorce Code, consenting to the entry of a final decree in divorce, and a
Waiver of further notice for the entry of such decree. Both parties agree that they shall
accept the terms and provisions of this agreement in full satisfaction of any claims they
may have under the Divorce Code of the Commonwealth of Pennsylvania, including, but
not limited to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the
like.
12. BREACH. In the event that any of the provisions of this agreement are
breached or violated by either of the parties, the other party shall be entitled to enforce this
agreement by an appropriate action in law or in equity or to take any other action to which
they are lawfully entitled to enforce this agreement or otherwise protect their rights. In the
event that such action is commenced by one of the parties and the other party is found to
have breached or violated any of the terms and provisions of this agreement, the party
having so violated or breached the agreement, shall be responsible for and shall promptly
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pay upon demand the reasonable attorney's fees incurred by the other party to enforce
their rights hereunder.
13. RELEASE. The parties acknowledge that the purpose of this agreement is to
divide all of their marital property, resolve all of the economic claims between them, and
terminate and conclude any and all claims one party may have against the other. The
part!Bs. acknowledge that each. of them. has had. ample opportunity to consult vvith an
attorney of their choice and to obtain legal representation with regard to this agreement
and to the claims which they are terminating hereby. Consequently, each of the parties,
for themselves, their heirs, successors, and assigns, does hereby accept the terms and
provisions of this agreement in full satisfaction of any claims, of any nature, they may
have, or may ever have had, against the other party and each of the parties does hereby
waive, relinquish, release, and surrender forever any claim they have against the other
party, arising out of their marital relationship, or any other dealing between the parties prior
to the date of this agreement, provided, however, that this release shall not exonerate
either of the parties from the obligations they expressly make in this agreement, which
shall survive the date of this agreement until such obligations are fully performed.
14. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced
in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania.
1 5. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall
be declared void or invalid, only such part shall be deemed void and in all other respects
this Agreement shall remain valid and fully enforceable.
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16. NON-WAIVER. The waiver of any term, condition, clause, or provision of this
Agreement shall in no way be deemed or considered a waiver of any other term, condition,
clause or provision of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
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DANIELLE MAY ASHENFELDER
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
DANIELLE MAY ASHENFELDER,
PLAINTIFF
No. 01-4160 - CIVIL TERM
LON KENNETH ASHENFELDER
DEFENDANT
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary of the Said Court:
Kindly transmit the record, together with the following information, to the Court for entry
of a divorce decree:
1. Ground for divorce: irretrievable breakdown under ~ 3301(c) of the Divorce
Code.
2. Date and manner of service of the complaint:
Certified Mail, Postage Pre-paid, Restricted Delivery, Return
Receipt Requested and by United States Mail First Class Postage
Prepaid to the Defendant's last known address [19 Dicken Drive,
Marysville, Pennsylvania 17053]. Defendant did personally
receive said Complaint in Divorce as evidenced by Defendant's
signed Affidavit of Consent and Waiver of Notice forms files with
this Court of even date herewith.
3. Date of execution of the affidavit of consent required by Section 3301 (c) of the
Divorce Code: by plaintiff, Danielle May Ashenfelder: April 29, 2002; by
defendant, Lon Kenneth Ashenfelder: April 25, 2002.
4. Related claims pending: None
..
5. Date Plaintiffs Waiver of Notice was filed with the Prothonotary:
April 30. 2002.
Date Defendant's Waiver of Notice was filed with the Prothonotary:
April 30. 2002.
Respectfully submitted,
LAW OFFICES OF RICHARD C. GAFFNEY
Attorney for Plaintiff,
Danielle May Ashenfelder
DANIELLE MAY ASHENFELDER,
PLAINTIFF
V.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
LON KENNETH ASHENFELDER
DEFENDANT
No. fJl-lflfoO - CIVIL TERM
IN DIVORCE
COMPLAINT 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 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 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
Lawyer Referral Service
2 Liberty Avenue, Carlisle, PA 17013
Telephone:717.249.3166
V.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
DANIELLE MAY ASHENFELDER,
PLAINTIFF
No. OJ- 'i/t,tJ - CIVIL TERM
LON KENNETH ASHENFELDER
DEFENDANT
IN DIVORCE
COMPLAINT IN DIVORCE
UNDER SECTIONS 3301(c) AND 3301(D) OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, Danielle May Ashenfelder, by and through her
attorneys, The Law Offices of Richard C. Gaffney, who files this Complaint under
Sections 3301(c) and 3301(d) of the Divorce Code, and who, in support thereof,
respectfully represents that:
1. Plaintiff is Danielle May Ashenfelder, who presently resides at 3006 Warren
Way, Mechanicsburg, Cumberland County, Pennsylvania 17050 since January
27,2001.
2. Defendant is Lon Kenneth Ashenfelder, whose residence is 19 Dicken Drive,
Marysville, Perry County, Pennsylvania 17053, since on or before December
22, 1995.
3. Plaintiff and Defendant are sui juris and both have been bona fide residents of
the Commonwealth for a period of more than six months immediately
preceding the filing of this Complaint.
4. Plaintiff and Defendant were married on December 22, 1995.
5. The parties to this action separated on or around January 27,2001 and have
continued to live separate and apart since then.
6. There have been no prior actions of divorce or for annulment between the
parties.
7. The marriage is irretrievably broken.
8. Plaintiff has been advised that counseling is available and that the Plaintiff
may have the right to request that the court require the parties to participate in
counseling.
9. Neither the Plaintiff nor the Defendant is in the military or naval service or in
any branch of the armed forces of the United States of America or its allies or
is otherwise within the provisions of the Soldiers' and Sailors' Civil Relief
Act of Congress of 1940 and its amendments.
COUNT I
DIVORCE UNDER SECTION 3301(c) OR 3301(D)
10. Plaintiff restates as if fully rewritten the averments contained in paragraphs
one through nine hereinabove.
11. Plaintiff requests the court to enter a decree of divorce under Section 3301 (c)
of the Divorce Code.
12. In the alternative, Plaintiff requests the court to enter a decree of divorce
under Section 3301(d) of the Divorce Code.
COUNT II
EQUITABLE DISTRIBUTION
13. Plaintiff restates as if fully rewritten the averments contained in paragraphs
one through twelve hereinabove.
14. Plaintiff and Defendant have legally and beneficially acquired property, both
real and personal, during their marriage from December 22, 1995, until
January 27,2001, the date of their separation, all of which property is "marital
property," as that term is used and defined in the Pennsylvania Divorce Code,
23 Pa.C.S. S 3101 et seq.
15. Defendant acquired, prior to the marriage or subsequent thereto, "non-marital
property" which has increased in value since the date of the marriage and/or
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subsequent to its acquisition during the marriage, which increase in value is
"marital property" as that term is used and defined in the Pennsylvania
Divorce Code, 23 Pa.C.S. ~ 3101 et seq.
16. Prior to the date of the filing of this Complaint, Plaintiff and Defendant have
been unable to agree as to an equitable division of said marital property.
17. Plaintiff requests this Honorable Court to equitably divide all marital property
and to enjoin it from being removed, disposed of, alienated, sold, or otherwise
encumbered pending final hearing and settlement of all claims.
COUNT III
ALIMONY
18. Plaintiff restates as if fully rewritten the averments contained in paragraphs
one through seventeen hereinabove.
19. Plaintiff requires reasonable support to adequately maintain her in accordance
with the standard of living established during the marriage.
20. Plaintiff lacks sufficient property to provide her reasonable needs and is
unable to adequately support herself through employment.
21. Plaintiff is the primary custodial parent of a minor child.
22. Wherefore, Plaintiff prays this Honorable Court to enter an award of
reasonable alimony, and such other relief as the Court deems just.
COUNT IV
A TTORNEY FEES AND COSTS
23. Plaintiff restates as if fully rewritten the averments contained in paragraphs
one through twenty-two hereinabove.
24. Plaintiff requires an award of attorney fees and costs to be able to remain on
equal footing with Defendant during the pendancy of the divorce proceedings.
25. Defendant is financially able to provide Plaintiffs reasonable attorney fees
and costs.
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26. Wherefore, Plaintiff prays this Honorable Court to enter an award of
reasonable attorney fees and costs, and such other relief at the Court deems
just.
WHEREFORE, Plaintiff respectfully prays this Honorable Court to order the
equitable distribution of the parties' marital property, to enjoin the Defendant from
removing, disposing of, alienating, selling or otherwise encumbering the marital property,
to enter an award of alimony, reasonable attorney fees and costs and, if both parties file
affidavits consenting to the divorce after ninety (90) days have elapsed from the date of
filing and service of this complaint, to enter a decree of divorce pursuant to 23 P.S.
Section 3301(c), or, in the alternative, pursuant to 23 P.S. 3301(d).
Respectfully submitted,
\1
LA W OFFICES OF RICHARD C. GAFFNEY
2120 Market Street
Suite 101
Camp Hill, P A 17011
Telephone: 717.975.9033
Attorney for Plaintiff
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DANIELLE MAY ASHENFELDER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
LON KENNETH ASHENFELDER
Defendant
NO.
Civil Term
VERIFICA TION
I verify that the statements made in the foregoing Complaint are true and correct to the
best of my knowledge, information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa.C .S.A. 9 4904 relating to unsworn falsification to
authorities.
Dated:
I,
Oanielle May Ashenfelder
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No. 01-4160 - CIVIL TERM
LON KENNETH ASHENFELDER
DEFENDANT
IN DIVORCE
AFFIDAVIT OF SERVICE
Richard C. Gaffney, being duly sworn according to law, deposes and says
that he is the attorney for Plaintiff in the above captioned divorce action; that on July 6,
2000, he mailed a true and correct copy of the Complaint in Divorce, duly endorsed with
a Notice to Defend, to the Defendant, by certified mail with restricted delivery, postage
prepaid, to Defendant's last known address; that Defendant did personally receive said
Complaint in Divorce as evidenced by the signed Affidavit of Consent filed by the
Defendant; and that the facts set forth in the within Affidavit are true and correct to the
best of his information and belief.
IL:~
Richard C. Gaffney
Attorney for Plaintiff
Sworn to and subscribed before me
this Q'1'1-\ Day of k~i 2002.
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NOTARaAL SEAl -,
SNWf G. PRUNOSKE. NaIll) P\a;
c.tiIIe Boro, ~CcuIlr, PA
Col..,..,. 1 2002
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
DANIELLE MAY ASHENFELDER,
PLAINTIFF
No. 01-4160 - CIVIL TERM
LON KENNETH ASHENFELDER
DEFENDANT
IN DIVORCE
PLAINTIFF'S AFFIDA VIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was
filed on July 6, 2000.
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.
Section 4904 relating to unsworn falsification to authorities.
Date:
if h 910-2-
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DanielIe May Ashenfe1der, Plam Iff
V.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
DANIELLE MAY ASHENFELDER,
PLAINTIFF
No. 01-4160 - CIVIL TERM
LON KENNETH ASHENFELDER
DEFENDANT
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses in 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.
S 4904 relating to unsworn falsification to authorities.
Date:
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DanielIe May Ashehfelder, Plaintl f
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
DANIELLE MAY ASHENFELDER,
PLAINTIFF
No. 01-4160 - CIVIL TERM
LON KENNETH ASHENFELDER
DEFENDANT
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with
the Prothonotary.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
~ 4904 relating to unsworn falsification to authorities.
Date:
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Danielle May Ashehfelder, Plaint! f
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DANIELLE MAY ASHEN FELDER,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 01-4160
LON KENNETH ASHENFELDER,
Defendant
IN DIVORCE
AFFIOA VIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on
20 July 2002 and was served upon the Defendant within thirty days of that date.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing of the complaint and the date of service of the complaint
on the Defendant.
3. I consent to the entry of a final decree in divorce either after service of a Notice
of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of
Intention to Request Entry of the Decree.
4. I have been advised of the availability of marriage counseling and understand that
the Court maintains a list of marriage counselors and that I may request the Court to require
my spouse and I to participate in counseling and, being so advised, do not request that the
Court require that my spouse and I participate in counseling prior to the divorce becoming
final.
I verify that the statements made in this Affidavit are true and correct and 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.
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DANIELLE MAY ASHENFELDER,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 01-4160
LON KENNETH ASHENFELDER,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
QF A DIVORCE DECREE UNDER SECTION 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 I 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.
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DANIELLE M. ASHENFELDER,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - DIVORCE
LON K. ASHENFELDER,
Defendant/Respondent
NO. 2001-4160 CIVIL TERM
IN DIVORCE
DR# 31500
PacseS# 410104303
ORDER OF COURT
AND NOW, this 7th day of March, 2002, upon consideration of the attached Petition for Alimony
Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear
before RJ. Shadday on Aoril3. 2002 at 9:00 A.M. for a conference, at 13 N. Hanover St., CarlisIe, PA
17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be
entered.
YOU are further ordered to bring to the conference:
(1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by Rule
191O,ll~
(4) verification of chiId care expenses
(5) proof of medical coverage which you may have, or may have availabIe to you
IF you fail to appear for the conference or bring the required documents, the Court may issue a
warrant for your arrest.
BY THE COURT,
George E. Hoffer, President Judge
Mail copies on
3-7-02 to:
Petitioner
< Respondent
Laura GargiuIo, Esquire
Samuel Andes, Esquire
Date of Order: March 7, 2002
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Shadday, Conference Officer}
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YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. 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 MAY GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LffiERTY AVE,
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DANIELLE MAY ASHENFELDER,
PLAINTIFF
DR#
V.
No. 01-4160 - CIVIL TERM
LON KENNETH ASHENFELDER
DEFENDANT
IN DIVORCE
ORDER OF COURT
AND NOW, this day of , 2002, upon
consideration of the attached Petition for Alimony Pendente Lite, it is hereby directed
that the parties and their respective counsel appear at
before , a conference officer of the Domestic Relations
Section, on the day of ,2002 at _ _.M.,
for a conference, after which the conference officer may recommend that an Order for
Alimony Pendente Lite be entered.
You are further order to bring to the conference
(1) a true copy of your most recent Federal Income Tax Return, including
W-2s, as filed,
(2) your pay stubs for the preceding six (6) months,
(3) the Income and Expense Statement attached to this order, completed as
required by Rule 191O.11(c),
(4) verification of child care expenses, and
(5) proof of medical coverage which you may have, or may have available to
you.
If you fail to appear for the conference or to bring the required documents, the
court may issue a warrant for your arrest and/or enter an interim order for alimony
pendente lite.
Date of Order:
J.
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE
CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LA WYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply
with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having
business before the court, please contact our office. All arrangements must be made at
least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
DANIELLE MAY ASHENFELDER,
PLAINTIFF
DR#
v.
No. 01-4160 - CIVIL TERM
LON KENNETH ASHENFELDER
DEFENDANT
IN DIVORCE
PETITION FOR ALIMONY PENDENTE LITE
NOW COMES, Plaintiff, Danielle May Ashenfelder. by and through her counsel,
The Law Offices of Richard C. Gaffuey, who files this Petition for Alimony Pendente
Lite pursuant to Pa. R.C.P. ~ 1920.15, and in support thereof respectfully represents:
1. Plaintiffis Danielle M. Ashenfe1der who resides at 3006 Warren Way,
Mechanicsburg, Cumberland County, Pennsylvania, 17050. Plaintiffs date of
birth is 12/25/65 and her social security number is 166-52-0150.
2. Defendant is LOll Kenneth Ashellfelder, who ie;;sides at 19 Dicken Drive,
Marysville, Perry County, Pennsylvania 17053. Defendant's date of birth is
02/21/52 and his social security number is 179-44-8731.
3. Plaintiff and Defendant were married on December 22, 1995.
4. On July 6,2001, Plaintiff, Danielle May Ashenfelder, filed a Complaint in
Divorce against Defendant, Lon Ashenfelder.
5. Plaintiff is employed at Empire Medicare as a Business Analyst; however,
Plaintiff lacks sufficient income to support herself through the pendency of the
above-captioned divorce proceedings.
6. Plaintiff requires an award of alimony pendente lite to adequately maintain herself
and remain on equal footing during the pendency of the divorce proceeding.
7. Defendant is employed and financially able to provide for the reasonable needs of
the Plaintiff.
WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter
an award of reasonable alimony pendente lite.
Respectfully submitted,
LAW OFFICES OF RICHARD C. GAFFNEY
Date: zJZ! /OZ-
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Laura A. Gargiu
PA Supreme Court ID No. 86128
2120 Market Street, Suite 101
Camp Hill, P A 17011
Telephone: 717.975.9033
Attorney for Plaintiff
VERIFICATION
I hereby verify that the statements made in the foregoing Petition for Alimony
Pendente Lite are true and correct to the best of my knowledge, information and belief. I
understand that false statements therein would subject me to the penalties of 18 Pa.C.S.A.
S 4904, relating to unsworn falsification to authorities.
Date: .;L \. i'i 10 J-
S?1-~L 93At.~~J,.C,
Danielle May Ash nfelder
CERTIFICATE OF SERVICE
I, Laura A. Gargiulo, Esquire, hereby certify that I have served a true and correct
copy of the foregoing Petition for Alimony Pendente Lite on counsel for Defendant, by
depositing a copy of same in the United States first class mail, postage prepaid, addressed
as follows:
Samuel Andes, Esquire
525 North 12th Street
Lemoyne, PA 17043
Date: February ~ 2002
~~
Attorney for Plaintiff
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DANIELLE M. ASHENFELDER,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - DIVORCE
LON K ASHENFELDER,
DefendantJRespondent
NO. 2001-4160 CIVIL TERM
IN DIVORCE
DR# 31500
PacseS# 410104303
ORDER OF COURT
NOTICE OF RESCHEDULED CONFERENCE
AND NOW, this day of, 2001, upon consideration of the Petition for Alimony Pendente Lite
and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J.
Shaddav on Mav 15.2002 at 9:00 A.M. for a conference, at 13 N. Hanover St, Carlisle, PA 17013, after
which the conference officer may recommend that an Order for Alimony Pendente Lite be entered.
YOU are further ordered to bring to the conference:
(1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by Rille
19IO.1I~
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
IF you fail to appear for the conference or bring the required documents, the Court may issue a
warrant for your arrest
BY THE COURT,
George E. Hoffer, President Judge
Mail copies on
4-12-02 to:
<
Petitioner
Respondent
Laura GargiuIo, Esquire
Samuel Andes, Esquire
Date of Order: April 12, 2002
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Ri. Shad&ay, Conference Officer (
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. 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 MAY GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE.
CARLISLE, PENNSYLVANIA 17013
(71 7) 249-3166
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
DANIELLE M. ASHENFELDER ) Docket Number 01-4160 CIVIL
PIaintiff )
vs. ) PACSES Case Number 4l0104303/D31500
LON K. ASHENFELDER )
Defendant ) Other State ID Number
ORDER
AND NOW, to wit on this
16TH DAY OF MAY, 2002
IT IS HEREBY
ORDERED that the 0 Complaint for Support or 0 Petition to Modify or (i) Other
REQUEST FOR APL CONFERENCE
filed on FEBRUARY 22, 2002 in the above captioned
matter is dismissed without prejudice due to:
NEITHER PARTY OR COUNSEL APPEARING FOR SCHEDULED CONFERENCE NOR NOTIFYING
THE DOMESTIC RELATIONS SECTION OF THEIR INTENTIONS NOT TO APPEAR.
o The Complaint or Petition may be reinstated upon written application of the plaintiff
petitioner.
BY THE COURT:
DRO: RJ Shadday
xc: plain tiff
defendant
Laura Gargiulo, Esquire
Samuel Andes, Esquire
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Ke~ A. Hess
JUDGE
Service Type M
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Form OE-506
Worker ID 21005
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