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HomeMy WebLinkAbout94-03753 . ~ t\ <! \ ~ I J r;; c- rY) I &/ . I ~ VIOLA B. AUGHENBAUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 94-3753 CIVIL TERM LEANDER AUGHENBAUGH, Defendant IN DIVORCE q-hORDER OF AND NOW, this ~ day of , 1994, a hearing is set for 'JMtntII~ 1994, at /:JO o'clocl~.M., in' Courtroom No.3 of the Cumberland County Courthouse, Carlisle, Pennsylvania, to determine whether or not the issue of entitlement to a divorce should be bifurcated from the remaining issues in the above- captioned matter. By the Court, Wayne F. Shade, Esquire _ C~~. 1,1. I" .:. J...1.w?/S'I//J. Attorney for Plaintiff u _ I,~--~ -- ~ f' Frederick I. Huganir, Esquire ~.f Attorney for Defendant \' j i\ \.' " ~ "1']1 J. J 'j'r . :i-~ '; ~~~I:;IH ,. 1)1 ~. J ;'j ~GI UJ Z~ ~ 3 d)S VIOLA B. AUGHEN13AUGIl, Plaintiff IN TilE COUR'1' OF COMMON PLEAS OF CUM13ERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LI\W v. LEANDER AUGHENBAUGH, Defendant NO. 94-J75J CIVIL TERM IN DIVORCE AND NOW, ~ ORDER OF this ~ day of , 1994, after hearing, it is ordered, as followsl 1. Plaintiff's request for a Preliminary Injunction enjoining Defendant from withdrawin~and Kemper Mutual Funds, Financial Trust corp. and Mellon Ban~as Garnishee:>from distributing any of the principal of Defendant's accounts without the written consent of Plaintiff or leave of cour)is granted. 2. This injunction shall not apply to $27,000 of the accounts of Defendant at Kemper Mutual Funds or to the earnings upon all of the accounts of Defendant at all three Garnishees. Defendant shall have full and unrestricted access to $27,000 of the accounts at Kemper Mutual Funds and all of the earnings upon all of the accounts of Defendant at all three Garnishees. J. Plaintiff shall immediately file security in the amount tj..- of $J>~ with the prothonotary in conformity with Pa.R.C.P. 15Jl(b)(1) or (2). By the Wayne Fo Shade, Esquire Attorney for Plaintiff Frederick I. Huganir, EBquira Attorney for Defendant L' ~~"',. Il.l,,, I ,l. ,h (,'(, 'I /'t h:, >.., . ,J~t:), J. ~61 ~.] ~i 7 8 ,n) v. IN THE COURT or COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 3753 CIVIL 1994 LEANDER AUGHENBAUGH Defendanl : CIVIL ACTION - EQUITY ~ NOW th~ day of 1994, upon consultation with counsel, It Is hereby ORDERED thai this Court's Order of September 8, 1994 be vacated BlId the following Is entered In lis stead: 1. Leander Aughenbaugh Is enjoined from withdrawing principal from Kemper Mutual Funds BlId Mellon BBlIk and said institulions as Garnishees, is enjoined from dislributing principal from Defendanl's accounts without the wrillen consent of Plaintiff or leave of Court. However, Leander Aughenbaugh is authorized to withdraw up to $5,000,00 principal from Kemper Mutual Funds. 2, Financial Trust Corporation and Farmers Trust Company are specifically exempt this Injunction, 3, The Plaintiff shall conllnue to maintain $500,00 security previously filed with the Prolhonotary . B the Court, Frederick I. Huganlr, Esq. Counsel for Defendant Wayne F, Shade, Esq. Counsel for Plaintiff .~ ...1 ,f i.3 Sir n Ii 1;1) ; II t9~ , I ~ ~ \i. ,!~ t 1 ; l J ., i ! ~, WAI'NB F. SIIAllI! Allllltk)' I' I.a..... ! SlIuLh lIanuHf Shn"l ('"lillr, PCllhl)I"lni. 111111 VIOLA B. AUGHENBAUGH, Plaintiff IN THE COURT OF COMMON PLEI\S OF CUMBERLAND COUNTY, PENNSVLVANIA CIVIL ACTION - LAW NO. 94-37f:]CIVIL TERM v. LEANDER AUGHENBAUGH, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, IInd 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 CUMBERLAND COUNTY COURTHOUSE. CARLISLE. PENNSVLVANIA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONV, DIVISION OF PROPERTY, LAWVER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAV LOSE THE RIGHT TO CLAIM ANV OF THEM. YOU SHOULD TAKE TillS PAPER TO YOUR LAWVER AT ONCE. IF YOU DO NOT HAVE A LAWVER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland county Courthouse Carlisle, Pennsylvania 17013 Telephonel (717) 240-6200 d"lff~ f':'~ Wayn F. Shade Attorney for Plaintiff VIOLA B. AUGHENBAUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 94- CIVIL TERM LEANDER AUGHENBAUGH, Defendant IN DIVORCE COMPLAINT COUNT I DIVORCE 1. Plaintiff in this Action in Divorce is VIOLA B. AUGHENBAUGH, an adult individual who resides at 40 South West street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is LEANDER AUGHENBAUGH, an adult individual and citizen of the United states of America who resides at 1617 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant has been a bona fide resident of Cumberland County, Pennsylvania, for more than six months previously to the filing of this complaint and continuing to the commencement of this Action in Divorce. 4. Plaintiff and Defendant were lawfully joined in marriage on May 1, 1937, in Westminster, Maryland. WAYNI! F. SIIAIII! AlIllltlt')ltln \ S'IU\h lI.nmn SlIr" 1'..lIlk.llllUlI)hlllll I 'Ull 5. The parties have been living separate and apart since January 28, 1994. 6. Plaintiff avers as the grounds on which this aotion is based that Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render the condition of Plaintiff intolerable and the life of Plaintiff burdensome. In the alternative, Plaintiff avers as the grounds on which this action is based that the marriage of the parties is irretrievably broken. 7. There have been no prior actions for divorce or annulment of this marriage in Pennsylvania or in any other jurisdiction. 8. This Aotion in Divorce is not collusive. 9. Both parties to this Action in Divorce are sui juris. 10. Defendant herein is not a member of the armed forces of the United states of America. 11. All ohildren born of this marriage are adults and emancipated. W^YNI! 1', SII^1l1! Alhlfnc'y.ll..... \ Suulh IIMt""f! hill'''' 1'lIll1lr, I'rMI)I~lI\ia PIIIl -2- WAYNI! F. SIlAIlI! Antlmt)' all...... .\ &1V1h tllnu\'rJ SlIffl (Olllialr.11rftlu)hallll l7uLl WHEREFORE, Plaintiff demands jUdgment compelling Defendant to pay to Plaintiff alimony and alimony pendente lite. COUNT IV COUNSEL FEES, EXPENSES AND COSTS 17. The avermente of Paragraphs 1 through 14 inclusive above are inoorporated herein by reference as though fully set forth. WHEREFORE, Plaintiff demands jUdgment compelling Defendant to pay counsel fees, expenses and costs of Plaintiff. wa!f/!}f~s~ Attorney for Plaintiff -4- j i I verifY that the statements made in this pleading are true and correot. I understand that false statements herein are made sUbjeot to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsifioation to authorities. Date I July 1 , 1994 ~Itv~, ~/~ o a B. Aughen a WAYNI! F. SHAIlI! AtlomtYlll.lw ~ South Ifanllvrr Hurrl ('lllillt,I'(Mlllyanl. 11011 (~ )0\ ~ \to ... ~ ~J tJ ~l1 ~ p ':) "1 0 ~ ~ ~ '" ~ '" ~~ '0 .. I:.Vi _ l>o 1'., ~' .."'I .. [ '~ :!f; . lr~ !I C"" " I" ':, "~ ~..... H...-,. f' . , '... . SUEIU 1'1" S llE'I\JIlN al+IONvIl'J\l;nt OF I'ENNSYINANIAI aJUI'II'Y OF CLMDl,IlJ,ANf) Viola B. I\ughonbaugh In the Court of Common PleaB of Cumborland county, PennBylvania No. 94-3753 Civil Term Complaint io Divorce and Notico InterrogatoricB Propounded by Plllintiff for I\nswor by Defendant VS Loander Aughenbaugh Ilobert L. Fink , fff~~ or Deputy Shoriff of CUlloorland County, I'onnsylvania, who being duly s\\Um according to law, flays! Complllint in Divorce and Notiee Interroagtdr es that he Berved tho within Propounded by Plaintiff for Answer By Defendant upon Leander Aughenbaugh 9110 o'clock , 1994 at , the defendant, at A . M. IlQSk / EDST, on the day of July 13th 1&17 Walnut Bottom Iload, Carlisle Ponnsylvania, by handing to Leander Aughenbaugh , CUmberland County, a true and attostod copy of tho Complaint Notice and Interrogatories and at tho S8lro time directing his attontion to the contents thereof and the "Notice to Plead" endorBed thereon. Sheriff'B CostSI Docketing Servicc Affidllvit Surcharge So answersl 14.00 2.80 ~ -,:' .,'....".. .."-,, /tfr. /,....,~.., ~_. r~f~-. "'I~" t"t" ..,/'" ..'..' ....., I. ~",,,,;,..~..-. ~ ~ \ . ~ ..A,...,'.,. ...~ ~~~:?ct]>v Dep ty Sheriff 2.00 18.80 I'd. by Atty. 7-13-94 S\\Um and subscribed to before 100 this _,I_'f_:! day of ) pit 19---2'L_ A.D. I, .. ---~fr.:..- (" /II" Yl. ,/I.-7? ' Prothonotary ~ il ~ zl I ~~~ . ~ l:l m . ~~~E I~ g ; ~ Jd~ i( ~ fi8zu I~ ., ~ : ~~8~~ 1Il ~ ~ ~! ~ ~.~ ~~ I H J~l <7~ 'M . IllI ~j~;:;~ III III :> gj2l ~ ;SO~ j ~ t 1111 u . .' \J\}l~lr' JUL I U lDQ/t VIOLA B. AUGHENBAUGH, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTIoN - LAW NO. 94-3753 CIVIL TERM IN DIVORCE LEANDER AUGHENBAUGH, Defendant AND NOW, x:1 ~DER OF ,0 th is f---J!...r ~a y 0 f of the within Petition , 1994, upon Motion of Wayne F. oonsideration Shade, Esquire, attorney for Plaintiff, a Rule is issued upon Defendant LEANDER AUGHENBAUGH to show cause why the issue of entitlement to a divorce should not be bifurcated from the remaining iBsues in the above-captioned matter. RUle returnable :'1:.::: ..~';~"d li1t"lI'u~nl.~ () f c;ev v\ c'-t. . By the Court, J. 11b. IlV Ul II [<7 V; W M'NE F. SII^1I1' Allumr)' 111..~ ~ S\lulh Illnu\1'l foillrd C',lii,lt, Pfllll_)hlni. 1701 , WAYNIi F. SIIAIlIi "'IIOlmy'I L.ow ~ &..th lIanl'lvrr Sltrcl C'.rlialr,I'rnnI)I\'lIli. 171111 VIOLA B. AUGHENBAUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANII\ CIVIL ACTION - LAW v. LEANDER AUGHENBAUGH, Defendant NO. 94-J75J CIVIL TERM IN DIVORCE PLAINTIFF'S PETITION FOR BIFURCATION TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of Plaintiff VIOLA B. AUGHENBAUGH, by her attorney, Wayne F. Shade, Esquire, respectfully represents, as follows I 1. Plaintiff in this Action in Divorce and Petitioner herein is VIOLA B. AUGHENBAUGH, an adult individual who resides at 40 South West Street, carlisle, Cumberland County, Pennsylvania 1701J. 2. Defendant and the Respondent herein is LEANDER AUGHENBAUGH, an adult individual, who resides at 1617 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 1701J. J. The parties hereto were married on May 1, 19J7. 4 . At the date of the marriage, Defendant Husband was twenty- one years of age, and Plaintiff Wife was seventeen years of age. 5. The parties resided together from the date of their marriage until January 2B, 1994, when the conduct of HUsband toward Wife WAYNIl F. SItAllI! Alt41nw~ .11... ~ ~uulh IIl1W\tJ Hlml C'"lillt,I'roo,)I\'llli. I1UI1 beoame so unbearable that it was necessary for her to leave and obtain a separate residence just prior to her seventy-fourth birthday. 6. Throughout the marriage, Husband controlled the majority of the marital assets and continues to reside in the marital home which is owned as tenants by the entirety. 7. since her constructive eviction from the marital home, Wife has become concerned that Husband will dispose of the marital property that he controls in such a way as to deprive her of economio justice in this case. 8. Due to the poor physical health of Husband, Wife is ooncerned that he may not survive any delay in sntry of a Deoree in Divorce. 9. Due to Husband's conduct prior and subsequent to her constructive eviction, she is concerned that he will not cooperate with timely discovery of the economic issues so as to enable her to proceed expeditiously with a hearing for a divorce upon the basis of her allegations of indignities \;0 the person. 10. Wife is concerned that the abatsment of the above-captioned action in the event of the death of Husband prior to issuance of -;1- a Decree in Divorce will deprive her of all opportunity for economic justice in this case. WHEREFORE, Plaintiff respectfully requests that your Honorable Court issue a Rule upon Defendant to show cause why the issue of entitlement to a divorce should not be bifurcated from the remaining issues in the above-captioned matter. Respectfully submitted, /tI~~ F~ W&yn F. shade, Esquire Attorney for Plaintiff WAl'NI! )', SIIAIJI! AllllflW')' l'I.fIW ~ "'-lUth flann\'t' I\lm' C '1.lillt, l'rnnl)hani. 111111 -)- The statemsnts in the foregoing Petition for Bifurcation are baeed upon information whioh has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements, and to the extent that they are based upon information whioh I have given to my counsel, they are true and correot 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. 54904 relating to unsworn falsification to authorities. Datel July 14, 1994 W^YNH F. SIl^IJI! ^llufUf)'.lh.... \ ""utll Ilauu,<" HUrfl ('.,Ii.lt,I'rnnl,I"lIli. 1I11L1 v. , IN THE COURT OF COMMON PLEAS OF , CUMBERLAND COUNTY, PENNSYLVANIA , , NO. 3753 CIVIL 1994 , , , CIVIL ACTION - DIVORCE VIOLA B. AUGHENBAUGH Plaintiff LEANDER AUGHENBAUGH Defendant PRAECIPE TO THE PROTHONOTARY, Please enter my appearance on the docket on the above captioned matter. , q. f9j;r -rer Jtfl. - - ~ .II ~ ,. ~ tit ",1';;1" t~.\<.i: u. t'~.. I,. '~.wi p ~~ ~~~;- '~, -hili ""'ll!. i ;tll 1'1 :";0 VIOLA B. AUGHENBAUGH Plaintiff I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 3753 CIVIL 1994 I I I CIVIL ACTION - DIVORCE v. LEANDER AUGHENBAUGH Defendant DEFENDANT'S REPLY TO PETITION FOR BIFURCATION I. Admllled, 2, Admilled. 3. Admilled, 4. Admitted, 5, It is admitted thatlhe parties resided together from the day oflhelr manialle until January 28, 1994, Otherwise denied, On lhe conlrary, wife has made husband's condition intolerable and life burdensome, 6, It is admilled that husband continues to reside in the marital home owned as tenants in the entirely, Olherwise, husband has iofonnation insufilcieol to foml a belief as to the tmlh of the avermentlhal he controlled the majority oflhe marilal assets, 7, It is denied that wife was evicted. Husband has infonnalion insumcient to fonn a belief as to the tmlh of the avemlent lhal wife is concerned, By way offurther answer, her concern is unreasonable, 8, Husband has infomlation insumcientto Ibmla belief as to lhe tlllth of the avemlent that wife is concerned, By way of further answer, her coocem is unreasonable, 9, Husband has infomlalion insumcienlto fonn a beliefas of the lmlh 10 the avermenl Ihal wllilll concerned. lly way of further answer, her concern Is unreasonable. 10, lIulband has infonnallon Insufficlenllo fornl a beUefas oflhe lrulh to Ihe avennent Ihal wllilll concerned, lly way of further answer, her concern Is unreasonable. WI IURIlFORIl, because PlainlllT has falled 10 stale justlllcatlollto bifurcate the divorce Inthl. maller, II Is respectfully requesled thai the Plalntlft's pelltlon be denied. ~ Fr erick 1. Hu torney for De 2 , r The statements In the foregoing Reply to Petition for Blfurcalion are based upon Infonnatlon which has been assembled by my allorney In this litigation, The language ofthe statements Is not my own. I have read the statements; and to the extenlthatthey are based upon Infonnation which I have given to my counsel, they are true and correct to the best of my knowledge, Infonnatlon and belief. I undersland thai false statements herein are made subject to the penallles of 18 Pa.C.S. Section 4904 relating to unsworn falsificallon 10 aUlhoritles. ". . . i j) ,(i("~~'-"{/.N' L?i<lj~.'t o..u:r~' Leander AughenbaugJ( I, ~ ,it ~~ ~ ~~ I I ;~ ~ ~ I " ~ Jd~ g " 8 i"j ~ g f<< I io( ~ ~ I ~ I~ I " ~ ~ E-!8zu ~ ~ ~ ~ ~ ~ J ~ OM bll o~~~tj ,('@ ~~ Ul ~I~i U MP: . ~ ,(10 ..... . Cj2l II ~ !!~;:;~ III III ~ ~ Z ~ciz g u i . " . . p.' AU6 26 199+. , . IlL'\.. , VIOLA B. AUGHENBAUGH, Plaintiff IN THE COURT OF coMMON PLEAS OF CUMBERLAND COUNTY, PENNSVLVANIA CIVIL ACTION - LAW v. NO. 94-3753 CIVIL TERM LEANDER AUGHENBAUGH, Defendant IN DIVORCE AND NOW, ~ER OF this ~ day of , 1994, upon consideration of the within Motion Motion of Wayne F. Shade, Esquire, attorney for Plaintiff, it is hereby ordered and decreed that a hear ing be set for ~?, N!K/'lflt; , tlt,tuI3/ 1994, at 71 N o'clock M., in Courtroom No. 3 of the Cumberland County Courthouse, Carlisle, Pennsylvania, to determine whether or not the Preliminary Injunction prayed for by Plaintiff should be issued and whether or not the iSBue of entitlement to a divorce should be bifurcated from the remaining issues in the above-captioned matter. Rule returnable at the hearing. By the Court, \ '\ \1' 'IPI '! ; I, ; ~6, ut til, " G7 anv VIOLA B. AUGHENBAUGH, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANII\ CIVIL ACTION - LAW NO. 94-3753 CIVIL TERM LEANDER AUGHENBAUGH, Defendant IN DIVOHCE PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION AND OTHER INTERIM RELIEF TO THE HONOHABLE, THE JUDGES OF SAID COURT: AND NOW, comes Plaintiff VIOLA B. AUGHENUAUGH, by her attorney, Wayne F. Shade, Esquire, and moves your Honorable Court for issuance of a Preliminary Injunction against Defendant LEANDER AUGHENBAUGH and MELLON BANK, FINANCIAL TRUST CORP. and KEMPER MUTUAL FUNDS pursuant to Pa, R.C.P. Nos. 1531 and 1920.43, and for other interim relief, as follows: 1. Plaintiff in this Action in Divorce and Petitioner herein is VIOLA B. AUGHENBAUGH, an adult individual who resides at 40 South West street, Carlisle, Cumberland county, Pennsylvania 17013. 2. Defendant and the Respondent herein is LEANDER AUGHENBAUGH, an adult individual, who resides at 1617 Walnut Bottom Road, CarliSle, Cumberland County, Pennsylvania 17013. 3. The parties hereto were married on May 1, 1937. 4. At the date of the marriage, Defendant Husband was twenty- Wh\NI' F. SlIhllL one years of age, and Plaintiff Wife WilS seventeen years of age. Alhllhl') .llJl"'1 \ SUllth HllflllHI SIII'd 1'.lIulr. l'I"lUl,)h'IlIJl 111111 WAl'NI! r. SItAIlI' Allllfnt) III..", ~ StJutJllllllll\U Sllnl 1'.,lllk,l'rllll')hlllil 11111\ 5. The parties resided together from the date of their marriage until January 28, 1994, when the conduct of Husband toward Wife became so unbearable that it was necessary for her to leave and obtain a separate residence just prior to her seventy-fourth birthday. 6. Throughout the marriage, Husband controlled the majority of the marital assets and continues to reside in the marital home which is owned as tenants by the entirety. 7. since her constructive eviction from the marital home, Wife has become concerned that Husband will dispose of the marital property that he controls in such a way as to deprive her of economic justice in this case. 8. Due to the poor physical health of Husband, Wife is concerned that he may not survive any delay in entry of a Decree in Divorce. 9. Due to Husband's conduct prior and subsequent to her constructive eviction, she is concerned that he will not cooperate with timely discovery of the economic issues so as to enable her to proceed expeditiously with a hearing for a divorce upon the basis of her allegations of indignities to the person. -2- to II WAYNE F. SIIAIlI' Alhllllf) .tl.-w ~ Nuulh 1111111\'1'1 M,ft'! ('"lialr.I'rllm)I~lnil 11011 10. Wife is ooncerned that the abatement of the above-captioned action in the event of the death of HUBband prior to issuance of a Deoree in Divoroe will deprive her of all opportunity for economic justice in this case. 11. On July 19, 1994, Wife filed a Petition for Bifuroation, and an order in the form of a Rule to Show Cause was issued that same day. 12. On August B, 1994, Husband filed a Reply opposing Bifurcation. 13. since filing her Petition for Bifurcation, Wife has received the following information concerning the marital assets of the parties which are held in Husband's name, alonel Kemper Mutual Funds Financial Trust corp. Mellon Bank $123,3B7.40 32,099.9B 30,4BB.04 14. Because of the highly liquid nature of these assets, Wife avers that an injunction is necessary to prevent disposition of such property prior to the issuance of a decree in equitable distribution. -3- WAI'NI! F. SIIAIlI! Allmnr)' Il!.a...... ~ South Ulnu\'C'1 lillrrl ('.lIi.lt,llrllnl)I\'A1li. 111111 15. Wife avers that she does not possess or control sufficient marital property in order to leave her with any means to recover her share of marital property in equitablo distribution if Husband were to dispose of the aforesaid accounts. WHEREFORE, Wife requests that your Honorable Court order, as follows: (a) A Rule upon Husband and upon Kemper Mutual Funds, Financial Trust Corp. and Mellon Bank to show cause why Wife is not entitled to a Preliminary Injunction enjoining Husband from withdrawing and Kemper Mutual Funds, Financial Trust Corp. and Mellon Bank, as garnishees from distributing any of the aforesaid accounts until further Order of this Court; and (b) Combining the hearing upon the request for a Preliminary Injunction with a hearing upon the issue of bifurcation. Respectfully submitted, aI~ r~6- Wayne . Shade Attorney for Plaintiff ~4~ The statements in the foregoing Motion for Preliminary Injunotion and other Interim Relief are based upon information whioh has been assemblod by my attorney in this litigation. '~e language of the statements is Iwt my own, I have read the statements; and to the extent that they are based upon information which I have given to my oounsel, they are true and oorreot to the best of my knowledge, information and belief. I understand that false statementB herein are made subject to the penalties of 18 Pa,C,S. 54904 relating to unsworn falsification to authorities. Datel August ~3, 1994 VIOLA B. AUGIlENBAUGIl, Plaintiff v. IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-3753 CIVIL TERM IN DIVORCE LEANDER AUGIIENBAUGII, Defendant PRAECIPE FOR DISCONTINUANCE TOI Lawrence E. Welker, Prothonotary In accordance with Pennsylvania Rule of civil Procedure 229, please enter Plaintiff's discontinuance of the above matter. Datel November 2, 1994 tt/~ ~~(I. Wayne . Shade, Esqu re Attorney for Plaintiff 1 :"_J ,..>> WAYNll F. SHAll!! Alhllllf)' II hw \ lillu!h IIlfllt\'fl SI,('rl ('" h~lt, l'rllill) IUlll. 171111 ~ IE t; N ~t .. ;!... Jt~~)" ....~c'- ~OU'" r~.'?:Q~ ."Z _I '.t).. -I. j'.l\ I; .k' 1l}.J , ;j"; . J.j l,,;::'] ~:j l:. '" ~ VIOLA U. AUGBENBAUGlI Plnintlll' v. . IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 3753 CIVIL 1994 LEANDER AUOBENDAUGlI Defendanl : CIVIL ACTION. EQUITY ORDER ~VE I'REI.IMINA'V INIUNCT/ON AND NOW, I.. "'" " " 1994, "00 d" ....d..II"" ,flh. Stlpulallon ofcounsel,lt Is hereby ORDERED lhat the Prelimloary Injunction Issued September 29, 1994111 the above mailer is hereby DISSOLVED. 1bn'<r1lJJV2.tu. t'o: 1,".;.; ,. if ~. ". or' ~ {... .; ~-, t."'lJ" \. 5 ~<~;t. ,', j {.' ~~ - ';-' " Cl )..(::, p :: I' ;r\ L~ ,. c.1.~ .A ~k ;IE: N '"' VIOLA B. AUGHENBAUGH Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 3753 CIVIL 1994 LEANDER AUGHENBAUGH Defendant : CIVIL ACTION - EQUITY STIPULATION 10 DISSOLVE PRELIMINARY INJUNCTION AND NOW, this 31st day of October, 1994, WAYNE F. SHADE, counsel for the Plaintiff and FREDERICK I. HUGANIR, counsel for the Defendant, hereby stipulate that the preliminary injunction entered in the above mailer on September 29, 1994, regarding Defendant's accounts at Kemper Mutual Funds, Mellon Bank and Financial Trust Corporation shall be dissolved effective immediately. So stipulated: dom'odpIld.IU' NDV 2? 199/, tk VIOLA B. AUGIIENBAUGII, Plaintiff IN '1'IIE COUHT 01' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 94-3753 CIVIL TERM LEANDER AUGIIENBAUGII, Defendant IN DIVORCE ~ER OF COURT AND NOW, this ~z, dny of November, 1994, the Preliminary Injunction entered here J n on Septel.iber 29, 1994, hav in, boen dissolved by stipulation of the parties, Plaintiff's security in the amount of $500.00 as set forth in the Order of September 29, 1994, is hereby released, And the Prothonotary is directed to return it to counsel for Plaintiff. .j:" Wayne f. Shade, Esquire Counsel for Plaintiff Frederick I. lIuganir, Esquire Counsel for Defendant (',1"1.1'1.-...(, h- f..(t, .t/2!/"", o u .4(/. .~"". Fi. "'4 I.; f.'~ t.~.i ~il ..l:.