HomeMy WebLinkAbout00-02039
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
RONATJ) ,r ORnwAv, ,lR ,
Plaintiff
YE:RSUS
LEANN M. ORDWAY.
.
Defendant
.
AND NOW,
Mav
PENNA.
No.
00-2039 CIVIL TERM
DECREE IN
DIVORCE
7-?J
e/f 3- 'lfl{-IJ'L .
2001 , IT IS ORDE:RE:D AND
DE:CRE:ED THAT
RonaldJ . Ordway, Jr.
, PLAINTIFF,
AND
T ,Q.;::,nn M nrrhAr.;1IY
, DE:FE:NDANT,
ARE DIVORCED FROM THE: BONDS OF MATRIMONY,
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THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The parties' Separation and Prooert.v Settlement Aqreernent. dated April 23,
2001, is inco
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SEPAR4TlONAND PROPERTY SETTLEJ1EVT AGREEllENT
THIS AGREEvIEVT, made this C)3rj) day of
~
, 200 l. by and
between ROil/AID J. ORDWA Y, JR" of Shippensburg, Cumberland County, Pennsylvania,
party of the tlrst part, hereinafter referred to as "Husband",
AND
second part, hereinafter referred to as "Wife",
LEANV;vL ORDWAY, of Shippensburg, Franklin County, Pennsylvania, ~ ~ thti.1
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WHEREAS, Husband and Wife were married on August 12, 1989, in Sh~en~9urg~
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WITNESSETH:
Franklin County, Pennsylvania; and
WHEREAS, differences have ansen between Husband and Wife m consequence of
which they have chosen to live separate and apart from each other; and
WHEREAS, the parties acknowledge that they have had the opportunity to review the
provisions of this Agreement and further have had the oppornmiry to secure legal counsel and
advice relative to the legal effect of this Agreement. The parties acknowledge that they have
either received independent legal advice from counsel of their own selection or that they have
specitkally chosen with full knowledge and on their own volition, to not seek legal advice
relative to this Agreement. They further acknowledge that they fully understand the facts that
are the basis of this Agreement. They acknowledge and accept that it is being entered into freely
and voluntarily, after having the opportunity to receive legal advice and with the
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knowledge that execution of this Agreement is not the result of any duress or undue influence.
and further that it is not the result of the collusion or improper or illegal agreement or
agreements.
:--lOW, THEREFORE, the parties hereto intending to be legally bound hereby do
covenant and agree:
l. ')eDaration: It shall be lawful for each at all times hereafter to live separate and apart
from each other party at such place as he or she may from time to time choose or deem fit. The
foregoing provision shall not be taken as an admission on the part of either party of the
lawtulness or unlawfulness of the causes leading to their living apart.
2. [nterference: Each party shall be free from interference, authority, and contact by
the other, as fully as if he or she were single or unmarried except as may be necessary to carry
out the provisions of this Agreement.
3, Wife's Dehts: Wife's parents have made claim against the parties for a debt in the
approximate amount of TWEL VE THOUSAND TWO HUNDRED AND XX/100 (S 12,200.00)
DOLLARS. Wife agrees that she shall be solely and exclusively responsible for the repayment
of any such claimed debt and shall indemnify Husband and hold him harmless from and against
any and all demands for payment or collection activity of any nature whatsoever relative to such
debt.
[n addition, Wife represents and warrants to Husband that she will not contract or incur
any debt or liabilities for which Husband or his estate might be responsible and shall indemnify
and save harmless Husband from any and all claims or demands made against him by reason of
debts or obligations incurred by her other than those debts incurred pursuant to any sections of
this Agreement.
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-+. Husband's Debts: Husband represents and warrants to Wife that he will not contract
or incur any debt or liability for which Wife or her estate might be responsible and shall
indemnify an save harmless Wife from any and all claims or demands made against her bv
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reason of debts or obligations incurred by him other than those debts incurred pursuant to any
section of this Agreement.
5, OUlSlandin'{" Joim Debts: The parties do not have outstanding joint debt that has been
incurred during their marriage at this time. In the event that there are any other debts in the
parties' individual names, they will be resolved by the payment of those debts and/or refinancing
of those debts by the responsible party pursuant to paragraph 3 and -+ above. Otherwise, the
parties reaffirm that they have not incurred any additional joint debt for which either party would
be obligated,
6. AIUlual Release:
Subject to the provisions of this Agreement, each party has
released and discharged, and by this Agreement does for himself or herself, and his or her heirs,
legal representatives, executors, administrators, and assigns, release and discharge the other of
and from all causes of action, claims, rights or demands, whatsoever in law or equity, which
either of the parties ever had or now has against the other, except any or all cause or causes or
action for divorce or any action to enforce this Agreement.
7. Alimonv Alimonv Pendente Lile SDousal SUDDort and /'v[aimenance:
The parties
specifically are aware of. acknowledge and understand their right to demand alimony. alimony
pendente lite and support and hereby waive their right to these claims against the other party
now and in the future. Both parties agree not to make a claim for alimony, alimony pendente lite
or support now, during any future divorce proceeding between the parties, or at anytime
thereafter.
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S. Hearh Insurance/Uninsured Medial Exvenses: Wife shall maintain heath insurance
on the panies' children, namely, Haylee Jane Ordway, born January 16. 1990, and Heather Lee
Ordway. born March 17, 1993, After Wife has processed all insurance claimsrelarive to any
medical expense for the children, she shall present a copy of her Explanation of Benefit (EO B)
form and a copy of the bill to Husband to reflect the uninsured medical expenses. The panies
shall then each be responsible for fifty (50%) percent of the uninsured medical expenses,
In the event there are insurance reimbursement checks from "Vife's insurance are for
healthcare expenses that have already been paid by one of the parties, that insurance
reimbursement check shall be immediately be endorsed to the party who prepaid any such bill.
9. Division of Personal Provertv: The parties have agreed to a division of their
personal property to their mutual satisfaction, including their personal effects, household
furniture. furnishings, appliances, and all other articles of personal property, which have
heretofore been used in common and neither will make any claim to any such items which are in
the possession of or under the control of the other party.
10. "dOlor Vehicles: The parties acknowledge that they own a certain 1999 Chevrolet
Corsica sedan and a certain Hillcrest mobile home in their joint names. Said vehicles shall be
transferred into Husband's name alone. Wife shall execute any and all necessary documents to
so transfer ownership of the mobile home and the Corsica within fifteen (15) days of being
requested to do so by Husband. Husband shall be responsible for costs associated with transfer
of the vehicles. Wife shall promptly panicipate in the execution of any documents necessary to
conclude the transfer of ownership of the mobile home and the Corsica.
upon transfer of ownership of the aforesaid vehicles. Wife shall make no claim of any
nature whatsoever relative to ,my legal or equitable interest in the aforesaid vehicles. In the
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event there are any encumbrances, on the aforesaid vehicles. Husband shall be soleiv and
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exclusively responsible for repayment of said encumbrances and shall indemnify Wife and hold
her harmless from and against any and all demands for payment or collection actiyity of any
nature whatsoever relative to such encumbrances.
11. Division ot'Real Propertv: The panies are the joint owners of unimproved land
located in Southampton Township, Franklin County, Pennsylvania, which propeny is deeded in
the panies' joint names. Contemporaneously with the execution of this Agreement. Husband
shall execute a special warranty, fee simple Deed conveying all of his right, title and interest in
the aforesaid real estate to Wife. Upon execution and delivery of the Deed, Husband shall make
no claim of any nature whatsoever relative to any additional legal or equitable interest in the
aforesaid real estate and said real estate shall remain the Wife's sole and exclusive possession
from that time forward.
12. Insuranr':e Rerirement and Other Benefits: The panies agree that neither pany shall
make any claim of any nature whatsoever concerning any life insurance benefits. retirement
benefits, profit sharing accounts or other similar accounts or benefits that are available to or
accruing to either pany.
l3, Federal Income Tax, DeDendent: The panies stipulate and Agree whatever the
circumstances in effect relative to custody of their two children previously named, Wife shall
always be entitled to claim the panies'child, Heather Lee Ordway, as a federal income tax
dependent and shall retain all rights associated with claiming the child as a tax dependent.
Husband shall always be entitled to claim the panies' child, Haylee Jane Ordway as a federal
income tax dependent and shall retain all rights associated with claiming the child as a tax
dependent.
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1-1. Waiver of Claims AaainSI ESlales: Except as herein otherwise provided. each party
may dispose of his or her property in any way, and each party hereby \\'aives and relinquishes
any and all rights he or she may 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, dower, curtesy, statutory allowance. widow's
alllJ\\an~e, right to take in intestacy, right to take against the will of the other, and right to act as
administnHOr 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
imo effect this mutual waiver and relinquishment of all such interests, rights, and claims. This
paragraph shall not affect either party's right or power to expressly include the other party in any
will or other document, whether written in the past or in the future.
15. Breach: If either party breaches any provision of this Agreement, the other party
shall haye the right. at his or her election, to sue for damages for such breach, or seek such other
remedies or relief as may be available to him or her.
16. Counsel Fees: The parties agree that should a divorce action be maintained by
either of the parties to dissolve their marriage, neither party shall make a claim for counsel fees
form the other party. Both parties have been fully informed of and acknowledge their right to
make a claim for reasonable counsel fees in the presently pending divorce proceedings. but
hereby make a full, complete and voluntary waiver ofrhat right.
17. Enforcemenl: The parties agree that this Agreement may be made a part of any
tinal divorce order or decree entered in this case. This Agreement may be incorporated in but
shall not be merged with any such order or decree. In the event either party fails to comply
with the terms of this Agreement, the other party may enforce this agreement by filing a Petition
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for Contempt if a party breaches this Agreement the other party, in pursuing enforcement of the
Agreement, shall be entitled to attorney's fees from the breaching party.
[\j WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
WIT'-iESSED BY:
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RONALD 1. WA Y, JR.
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LEANNM.ORD flY ;//Cl.3/a1
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COM'v/ONWEALTH OF PENNSYLVANL-J.
COf.fNTY OF L V~ M be\' k \. V\.G\
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On this the I U'-h:-.. day of rvVe V ' 2000, before me, the undersigned
ofticer. personally appeared RONALD J. ORD~AY, JR., known to me (or satisfactorily proven)
to be (he person whose name is subscribed to the within Agreement and acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seaL
Notarial Seal Public
Karisa J. Lehman, ~ ,,_.,m"
CarlIsle BolO. Cumben"'N ~..,
My Commission EJCplres Aug. 25, 2003
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, -zeoo, before me, the undersigned
officer, personally appeared LEANN M. ORD WAY, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the within Agreement and acknowledged that she
executed the same for the purposes therein contained.
I'.i WIT:-IESS WHEREOF, I hereunto set my hand and official seal.
Notarial Seal
Dawn Marie Shoop, Notary Public
Shippensburg Bore, Cumberland County
My Commission Expire. Feb. 5, 2004
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IN THE COURT OF COMMON PLEAS
RONALD J. ORDWAY, JR.,
Plaintiff
VS.
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
LEANN M. ORDWAY,
Defendant
NO. 00-2039
CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information to the court for entry of a divorce decree:
1. Ground for divorce:
Irretrievable breakdown under ~3301 (c)
~ the Divorce Code.
(Strike out inapplicable section).
2. Date and manner of service of the complaint: certified mail, restricted delivery on
April 10, 2000.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by ~3301 (c) of the Divorce Code:
by plaintiff 5/10/01 ; by defendant 4/23/01
(b) (1) Date of execution of the affidavit required by ~3301 (d)
of the Divorce Code:
(2) Date of filing and service of the plaintiff's affidavit upon the respondent:
4.
Related claims pending:
Nnnp
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file praecipe to transmit record, a
copy of which is attached:
(b) Date of plaintiff's Waiver of Notice in ~3301 (c) Divorce was filed with
the Prothonotary: 4/27 /01
Date defendant's Waiver of Notice in ~3301 (c) Divorce was filed with
the Prothonotary: 5/10/01
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RONALD J. ORDWAY, JR.,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
LEANNM. ORDWAY,
Defendant
: NO. 00- ~03fj CIVIL TERM
: 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 will proceed without you and a decree of divorce or annulment may be entered against
you for any 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, Cumberland
County, Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
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
Two Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
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RONALD J. ORDWAY, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CNIL ACTION - LAW
LEANN M. ORDWAY,
Defendant
: NO. VO - 02039
: IN DIVORCE
CIVIL TERM
COMPLAINT IN DIVORCE
NO FAULT
I. Plaintiff is Ronald 1. Ordway, Jr., an adult individual currently residing at 6
Town Mills Road, Shippensburg, Cumberland County, Pennsylvania, since 1989.
2. Defendant is Leann M. Ordway, an adult individual currently residing at 905K
Roxbury Road, Apartment II, Shippensburg, Franklin County, Pennsylvania.
3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has
been so for at least six months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on August 12, 1989, in Shippensburg,
Pennsylvania.
5. There have been no other prior actions for divorce or annulment between the
parties,
6. Neither the Plaintiff nor the Defendant are members of the United States
Armed Forces or its Allies.
7. Plaintiff has been advised of the availability of counseling and the right to
request that the Court require the parties to participate in counseling. Knowing this, Plaintiff
does not desire that the Court require the parties to participate in counseling.
8. Plaintiff and Defendant are citizens of the United States of America.
9. The parties' marriage is irretrievably broken.
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I O. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety
(90) days from the date of the filing of this Complaint, consent to this divorce.
WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to
23 P.S. Section 3301 (c) ofthe Domestic Relations Code.
COUNT II
INDIGNITIES
II. Paragraphs I through 10 are incorporated herein by reference as if set forth in
their full text.
12. Defendant had committed such indiguities upon the person of the Plaintiff, the
innocent, injured spouse, as to make his condition intolerable and life burdensome.
WHEREFORE, Plaintiff request your Honorable Court to enter a divorce pursuant to
23 P.S. Section 3301(a)(6) of the Domestic Relations Code.
Respectfully submitted,
riffie, Esquire
for Plaintiff
FFIE & ASSOCIATES
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
(800) 347-5552
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VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct. I
understand that false statements herein made are subject to the penalties of 18 P A.C.S.
Section 4904 relating to unsworn falsification to authorities.
DATE: 3- 3J-ot'i
1Z~~~EW~~d'
RONALD J. 0 AY, JR., Plaint'
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RONALD J. ORDWAY, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: CIVIL ACTION - LAW
LEANN M. ORDWAY,
Defendant
: NO. 00-2039 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this ~ay of April, 2000, comes Bradley L. Griffie, Esquire, Attorney
for Plaintiff, and states that he mailed a certified and true copy of a Complaint for Divorce to the
Defendant, Leann M. Ordway, at 905 K. Roxbury Road, Apartment 11, Shippensburg,
Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said
receipt is attached hereto indicating service was made on April 1 0, 2000.
. ffie, Esquire
ASSOCIATES
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
(800) 347-5552
Sworn and subscribed to
before me this \ 4~ay
of t\tJn \ ' 2000.
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.' .NotarIal Seal
Karisa../, !.ehman, NQtary Public
Carllslellpto, Cumbettanil CounIv
My COIi1mIsslOn Exp!1ll8 Aug. 25, 2003
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SENDER:
_Complete Items 1 anellor 2'for additional services.
_Complete items 3, 4a, and!4b.
_Print your name and addr8:Ss on the reverse of this form so that we can return this
card to you,
_Attach this form to the front of the mailpiece, or on the back If space does not
permit.
_Write"Return Receipt Requested" on the mailpiece below the article number.
_The Return Receipt will show to whom the article was delivered and the date
delivered.
I also wish to receive the
following services (for an
extre fee):
1. 0 Addressee's Address
2\izORestricted DeliVery
co{.;;;; postmaster for fee.
4a. Article Number
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o Registered ertllied
o Express Mall Insured
o Return Receipt for Merchandise 0 COD.
7. Date of Delivery ~ \ 0
8. Addressee's Address (Only if requested
_~nd fee jSfJB/d)
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3. Article Addressed to:
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RONALD J. ORDWAY, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
LEANN M. ORDWAY,
Defendant,
: CIVIL ACTION -LAW
: NO. 00-2039 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was file on
April 3, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final Decree of Divorce after service of notice of
intention to request entry of the decrees.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING
AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE
STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF Pa.C.S.
SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES.
DATE: qf& (b I
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RONALD J. WAY, JR.
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RONALD 1. RDWAY, JR.
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RONALD J. ORDWAY, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
LEANN M. ORDWAY,
Defendant,
: CIVIL ACTION - LAW
: NO. 00-2039 CIVIL TERM
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF 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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RONALD J. ORDWAY, JR.,
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: CIVIL ACTION - LAW
: NO. 00-2039 CIVIL TERM
: IN DNORCE
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days have elapsed from the date of the filing and service of the Complaint.
intention to request entry of the decrees.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING
AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE
STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF Pa.C.S.
SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES.
DATE: r4~~h/
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RONALD 1. ORDWAY, JR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
LEANNM. ORDWAY,
Defendant,
: C:rvn. ACTION - LAW
: NO. 00-2039 CIVIL TERM
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF 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.
DATE: -'I b f; I
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