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HomeMy WebLinkAbout03-0165TONJA L. OVERDORFF, Plaintiff, DONALD S. OVERDORFF, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW .. : 2003-/ 5- ciVIL : : IN DIVORCE NOTICE 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 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. TONJA L. OVERDORFF, Plaintiff, DONALD S. OVERDORFF, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW :2003- 16~ ClVILTERM ._ : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(c) AND 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Tonja L. Overdorff, by and through her attorneys, Irwin, McKnight & Hughes, and files this Complaint in Divorce and Custody against the Defendant, Donald S. Overdorff, representing as follows: 1. The Plaintiff is Tonja L. Overdorff, an adult individual residing at 604K N. Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. The Defendant is Donald S. Overdorff, an adult individual currently residing at 6613 Salem Park Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on July 10, 1987, in Maryland and separated on June 15, 2002. 5. There have been no prior actions of divorce or for annulment between the parties. 6. There are two (2) children bom to this marriage; namely, Ashley E. Overdorff, bom January 12, 1990, age 12 years; and Seth A. Overdorfl; bom April 19, 1993, age 9 years. 8. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 9. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. Respectfully submitted, IRWIN, McKNIGHT & HUGHES R~becca R. Hugfies, Es~qui~'~ · Supreme Court I.D. No. 672I'~ West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: / -/0 ., 2003 VERIFICATION. The foregoing document is based upon info~ccxation which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this document and they are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: ///~ , 2005 TONJA L. OVERDORFF PLAINTIFF DONALD S. OVERDORFF DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-165 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, January 17, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel ~ppear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wed~lesday, February 12, 2003 at 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /si Jacqueline M. Verney. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FEB 1 2 2003 TONJA L. OVERDORFF, Plaintiff V. DONALD S. OVERDORFF, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-165 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 1 "! ~Lg. day of ~"-'~ ~,-2 22 3 ,2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Tonja L. Overdorffand the Father, Donald S. Overdorff, shall have shared legal custody of Ashley E. Overdorff, bom January 12, 1990, and Seth A. Overdorff, born April 19, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. Mother shall have primary physical custody of the Children. 3. Father shall have periods of partial physical custody as follows: A. Beginning February 14, 2003, alternating weekends from Friday after school to Sunday at a time agreed by the parties. B. Liberal evenings after school at times agreed by the parties. C. Such other times as the parties agree. 4. The following holidays shall be alternated by the parties: New Year's Day, Easter, Memorial Day, 4th of July, Labor Day, Thanksgiving, and Christmas at times agreed by the parties. 5. Each party shall be entitled to physical custody of the Children for two weeks in the summer, consecutive if so requested, provided they give the other party 30 days prior notice. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Rebecca R. Hughes, Esquire, Counsel or ~other Donald S. Overdorff, pro se 6613 Salem Park Circle Mechanicsburg, PA 17050 TONJA L. OVERDORFF, Plaintiff DONALD S. OVERDORFF, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2003-165 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information conceming the Children who are the subject of this litigation is as follows: NAME Ashley E. Overdorff Seth A. Overdorff DATE OF BIRTH January 12, 1990 April 19, 1993 CURRENTLY IN CUSTODY OF Mother Mother 2. A Conciliation Conference was held in this matter on February 12, 2003, with the following individuals in attendance: The Mother, Tonja L. Overdorff, with her counsel, Rebecca R. Hughes, Esquire and Father, Donald S. Overdorff, pro se. 3. The parties agreed to the entry of an Order in the form as attached. Date 'gacq~line M. Vemey, Esquire Custody Conciliator MARRIAGE SETTLEMENT AGREEMENT made this ]..0_~/~ay of~ ~p~/~,~/~q/~_, 2003, by and between TItIS AGREEMENT TONJA L. OVERDORFF, (hereinafter referred to as "WIFE") and DONALD S. OVERDORFF, (hereinafter referred to as "ItUSBANW'). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on July 10, 1987; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, but not limited to the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates, and the equitable distribution of property and alimony for each party. The parties hereto agree and covenant as follows: It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine theh' respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may can~ on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the pa~ties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (1) Is represented by counsel of his or her own choosing, or if not represented by counsel, understands that he or she has the right to counsel: WIFE is represented by Rebecca R. Hughes, Esquire of Irwin, McKnight & Hughes; HUSBAND is not represented, however understands that he has the right to representation but chooses not to obtain representation; 2 (2) Is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) Is entering into this Agreement voluntarily after receiving the advice of counsel or after choosing not to consult an attorney; (4) Has given careful and mature thought to the making of this Agreement; (5) Has carefully read each provision of this Agreement; and (6) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect of each provision. This Agreement shall become effective immediately as of the date of execution. It is the purpose and intent of this Agreement to settle fbrever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, 3 charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. REAL ESTATE: WIFE agrees to transfer all right, title and interest which she may have in that marital property located at 6613 Salem Park Circle, Mechanicsburg, Cumberland County, Pennsylvania, and any improvements thereon to HUSBAND and will release all claims which she may have in said real estate. HUSBAND has completed ref'mancing of said property located at 6613 Salem Park Circle, Mechanicsburg, Cumberland County, Pennsylvania, and agrees to assume full responsibility for all real estate taxes, insurance, and any maintenance and repair costs associates with said property, and holds WIFE harmless from any and all obligations and indemnifies of any claims made against WIFE or HUSBAND relative to said property. PERSONAL PROPERTY: The parties agree that the personal property has been divided to the parties' mutual satisfaction. WIFE hereby waives all right, title and interest which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any right, title and interest which he has in the personal property of WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to HUSBAND or WIFE with full power to }IUSBAND or WIFE to dispose of the same as fully and effectually, in all respects and for all purposes as if he or she were umarried. AUTOMOBILES: WIFE hereby waives all right, title and interest in the 1998 Honda Accord that HUSBAND currently possesses. HUSBAND shall hold WIFE harmless for any and all liability associated with the use and purchase of this vehicle, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. HUSBAND hereby waives all right, title and interest in the 2001 Ford Focus that WIFE currently possesses. WIFE shall hold HUSBAND harmless for any and all liability associated with the use and purchase of this vehicle, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicles. Both parties shall cooperate in executing all documents necessary to effectuate the above intentions. 10. MARITAL DEBTS: It is mutually agreed by and between the parties that WIFE shall assume all liability for and pay and indemnify the HUSBAND against all debts incurred by WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND harmless fi.om any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND shall assume all liability for and pay and indemnify the WIFE against all debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indenmify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 11. INSURANCE and EMPLOYEE BENEFITS: HUSBAND and WIFE own Individual Retirement Accounts and/or 401K accounts. The parties agree that HUSBAND shail retain the accounts listed in his name individually, and WIFE shall retain the accounts listed in her name individually. Both parties shall waive all right, title and interest in the other's IRA and/or 401K accounts. HUSBAND agrees to maintain health insurance on WIFE until such time as she is able to provide her own health insurance. 12. BANK ACCOUNTS and TAX RETURNS: WIFE agrees to waive all right, title and interest which she may have in any savings or checking or any other bank accounts of HUSBAND and likewise HUSBAND agrees to waive all right, title and interest which he may have in the savings or checking or any other bank accounts of WIFE. In the event the parties remain married through January. 1, 2004, then the parties agree to file joint income tax returns for the 2003 tax year. If the parties are entitled to a refund, said refund shall be divided equally between the parties. 13. ALIMONY and DIVORCE: HUSBAND agrees to waive all right to alimony, alimony pendente lite, spousal support, and any other support for the person from WIFE. Likewise, WIFE agrees to waive all right to alimony, alimony pendente lite, spousal support and any other support for the person fi.om HUSBAND The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. Any party who fails to cooperate with obtaining the Divorce in a timely fashion shall pay all the costs and legal fees of the party who is seeking the divorce. 14. BREACH: If either party breaches any provisions of this Agreement, the other party shall have 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, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 15. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 16. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, are fully understood by both parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies or any other remedies provided by law or statute. Those remedies shall include, but not be limited to, damages resulting fi.om breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 17. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. APPLICABLE LAW: Commonwealth of Pennsylvania. 18. This Agreement shall be construed under the Laws of the 19. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 20. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each par~y hereby 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, 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. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: TON~, L. OVE-RDO-RISF- ~/l- /:~,./~ff, eff~~ (SEAL) DONALD S. OVE~R~~F~ 9 COMMONWEALTH OF PENNSYLVANIA: : SS: COUNTY OF CUMBERLAND : PERSONALLY APPEARED BEFORE ME, this /10 day of~2~[~' 2003, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, TONJA L. OVERDORFF, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WltEREOF, I have hereunto set my hand and official seal. Notarial Senl Marthn L. No~l, Notary Public Carlisle Bom Cumberland County [_My Commission Expire~ Sept 18, 2003 COMMONWEALTH OF PENNSYLVANIA: · SS: COUNTY OF CUMBERLAND : PERSONALLY APPEARED BEFORE ME, this 30'tv' day of~f,~.D ~r'~,~;- ,2003, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, DONALD S. OVERDORFF, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. 10 TONJA L. OVERDORFF, Plaintiff, V. DONALD S. OVERDORFF, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CML ACTION - LAW : : NO. 2003-165 CIVIL TERM : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Pmthonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: P~inNJA 'L. OVERDORI~/ tiff b' ~ TONJA L. OVERDORFF, Plaintiff, V. DONALD S. OVERDORFF, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003-165 CIVIL TERM : IN DIVORCE DEFENDANT,S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: DONALD S. OVERDORF~// Defendant TONJA L. OVERDORFF Plaintiff DONALD S. OVERDORFF Defendant IN TI~E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003 - 165 CML TERM IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : NOW, Rebecca R. Hughes, Esquire, being duly sworn according to law, does depose and state: 1. That she is a competent adult and attorney for the Plaintiff in the captioned action. That a certified copy of the Complaint was serw~d upon the Defendant, Donald S. Overdorff on January 15, 2003 by certified mail, return receipt requested, addressed to 6613 Salem Park Circle, Mechaniesburg, Permsylvania 17050, with return receipt number 7001 2510 0009 2828 4692. o That the said receipt for certified mall is signed mad attached hereto and made a part hereofi I verify that the statements made in this affidavit are tree ..and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. IRWIN, McKNIGHT & HUGHES Date: Rel~ecca R. Hughes, Esquire (,~ Supreme Court Id # 67212 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiff Tonja L. Overdorff · Complete Items 1, 2, and 3. Also complete item 4 if Restricted Deliver/is desired. · Print your name and address on the reverse ao that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front ff space permits. 1. Article Addressed to: DONALD $. OvKKDORlrta' 6613 .q*,l.m,q 1*Aug CIRCI~ I~,C~AuICSBURG FA 17050 [] C.O.D. 2. Article Number PS Form 3811, March 2001 7001 2510 0009 2828 4692 TONJA L. OVERDORFF, Plaintiff, ¥o DONALD S. OVERDORFF, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-165 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c)(d) of the Divorce Code was filed on January 10, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divome is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. Date: ~/J oL/0_~ ,2003 TONJA L. OVERDORFF, Plaintiff, V. DONALD S. OVERDORFF, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2003-165 CML TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION 'FO REQUEST ENTRY OF A DIVORCE DECRE~ UNDER SECTION 3301(c)(d) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divome without notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI 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 tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~//o~/03 ,2003 (~ TO .NJA L. OVE-RDI~FF "Plamtiff u ~ TONJA L. OVERDORFF, Plaintiff, V. DONALD S. OVERDORFF, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-165 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c)(d) of the Divorce Code was filed on January 10, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divome. 4. I understand that I may lose rights concerning aiimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date:~t/~ ,2003 ! DONALD S. OVERDO~ TONJA L. OVERDORFF, Plaintiff, V. DONALD S. OVERDORFF, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW _. : NO. 2003-165 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c)(d) 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 fights concerning alimony, division of property, lawyer's fees or expenses ifI 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 tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: C~//0 ,2003 /~~//.,~_~~/~ DONALD S. OVERDORF4~/ Defendant TONJA L. OVERDORFF Plaintiff DONALD S. OVERDORFF Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : 2003 - 165 CIVIL TERM : : IN DIVORCE 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 Section 3301(c) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Donald S. Overdofff, by certified mail, restricted delivery, on or about January 15, 2003. The Affidavit of Service was filed with the Prothontoary on or about September 15, 2003. 3. Complete either paragraph (a) or Co). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff: September 12, 2003; by defendant: September 10, 2003. Code: (b)(1) Date of execution of the affidavit rcquired by Section 3301(d) of tbe Divorce (b)(2) Date of filing and service of the plaintilTs aftidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or CO). (a) Date and manner of service of the Notice of Batention to file Praecipe to Transmit Record, a copy of which is attached: CO) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: September 15, 2003. Date: September 15, 2003 Date defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: September 15, 2003. l~ebeeea IL ltug. has, Esquffe ' --fi'ff~, , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of .~ PENNA. TONJA L. OVERDORFF PLAINTIFF VERSUS DONALD S. OVERDORFF DEFENDANT DECrEe IN DIVORCE AND NOW, DECREED THAT AND TONJA L. OVERDORFF DONALD S. OVEKDORFF NO. 2;003-165 CIVIL TERM iT iS Ordered AND , PLAINTIFF, , DEFENDANT, ARe DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION fOr WHICH A FINAL ORDER HAS NOT Yet BeEN eNTEred; THE MARRIAGE SETTLEMENT AGREEMENT DATED SEPTEMBER 10, 2003, SIGNED BY THE PARTIES IS HEREBY INCORPORATED INTO THIS DECREE, BUT NOT MERGED.