Loading...
HomeMy WebLinkAbout03-4782 JAMES 1. BADDORF, Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2003 - J.t"1P~ Ciu;LTEIU'>I LINDSAY J. BADDORF, Defendant CIVIL ACTION - LAW 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 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. 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 A venue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 JAMES L. BADDORF, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - mVORCE LINDSAY J. BADDORF, DefendantIRespondent NO. 2003-4782 CIlVIL TERM IN DIVORCE Pacses# 407106551 ORDER OF COURT AND NOW. this 15th day of July. 2004, 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 R.J. Shaddav on Au"u.t 26.2004 at 9:00 A.M. for a conference. at 13 N. Hanover St., Carlisle, P A 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: (I) 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 1910.11<&J (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 7-15-04 to: Petitioner < Respondent Diane Dils, Esquire Andrew Spears, Esquire Rt/J~ Date of Order: Julv IS. 2004 R. J. Shadday. 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 ASSOCIA nON 2 LIBERTY AVE. CARLISLE. PENNSYLVANIA 17013 (717) 249-3166 CC361 ();ei G 'IJ:"-J nl""" :Z (lj -, . r-:~ ~"- )::'. -";:" 5 c.../;, " o ~~; ,.., = = ",- <- c.:: 1-- c' <-;,? <-n N VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA No. 2003 - J.f'1?~ Ciu~l ~~ JAMES 1. BADDORF, Plaintiff LINDSAY 1. BADDORF, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is James 1. Baddorf, an adult individual whose current address is 6331 Brandy Lane, Lot 15, Mechanicsburg, Cumberland County, Pennsylvania 17055, and whose social security number is 204-54-5224. 2. The Defendant, Lindsay J. Baddorf, is an adult individual, whose current address is 84 Arnold Road, Enola, Cumberland County, Pennsylvania 17025, and whose social security number is unknown. 3. Plaintiff and Defendant were married on October 11, 2002, In Mechanicsburg, Cumberland County, Pennsylvania. 4. Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania for a period of at least six (6) months prior to this filing. 5. Defendant is not a member of the Armed Services of the United States or its allies. 6. Plaintiff is a citizen of the United States and Defendant is a citizen of the United States. 7. There has been no prior action for divorce filed in any jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling, and has waived said right. 9. There are no minor children born of the marriage. 10. Plaintiff avers that the grounds on which this action tS based are: (a) That the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant a Decree in Divorce. Respectfully submitted, By@M1 ~;;:; M. Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 J.D. No. 71873 Date: September 9, 2003 VERIFICA TION I verify that the statements made in this Complaint in Divorce 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. .;L-~f:l /t: JAMES L. BADDORF [)ate: September 9, 2003 /Oooiq. 1l 7l :0 ~ " ~ ~ ~ I!" D t: ~ -:U t, p:: $ '--) r ,-", ~. " ' rl~: ~. :,1) ,"1 -J .-'< -., u' -..Q ,'v r JAMES L. BADDORF, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA v. CNIL ACTION - LAW DOCKET NO. 2003-4782 - Civil Term LINDSAY J. BADDORF IN DNORCE Defendant PETITION FOR COUNSELING ! PURSUANT TO 23 PA. C.S.A. SECTION 3302 AND NOW cOPIes Defendant, Lindsay J. Baddorf, by and through her attorney, Andrew C. Spears, Esquire, anti the law firm of Metzger, Wickersham, Knauss & Erb, P.C., and hereby avers the following: 1. Plaintiff is James L. Baddorf, an adult individual who currently resides at 6331 Brandy Lane, Lot 15, Mechanicsburg, P A, 17055. 2. Defendljllt is Lindsay 1. Baddorf, an adult individual who currently resides at 84 Arnold Road, Enola, P A, 17025.. 3. The parties were married on October 11,2002 in Cumberland County. PA i 4. On or a~out September 11, 2003, Plaintiff filed a Complaint in Divorce. 5. It is Detfmdant's belief that the parties can reconcile their marriage relationship. 6. Defend$t requests that the parties participate in a minimum of three (3) counseling sessions with Dr. James Johnson, L.S.W., Director of Shepherd's Touch Counseling Ministries, Day Break ~hurch, 2 East Main Street, Suite B, Mechanicsburg, P A 290704- J 7. Defendant requests that the parties share the expense of these counseling sessions. WHEREFORE, Defendant Lindsay J. Baddorf respectfully requests that the Court direct Plaintiff James 1. Bad40rfto participate in three (3) counseling sessions with Dr. James Johnson and to share in the expdnse of these counseling sessions. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By C1'- Andrew C. Spears, Esquire Attorney LD. No. 87737 P.O. Box 5300 Harrisburg, P A 1711 0-0300 (717) 238-8187 Attorneys for Defendant Dated: \ <;: )- '";}'1- \il ~ ! 290704-1 VERIFICATION I, Lindsay 1. Baddorf, verify that the statements made in the foregoing Petition for Counseling Pursuant to 23 Pa. C.S.A. Section 3302 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.<t:.S. 94904, relating to unsworn falsification to authorities. ~tktclV'- 1 sayJ.Ba Q Dated: del / ~ 406J 290704-1 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, ofthe law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certifY that I served a true and exact copy of the Petition for Counseling Pursuant to 23 Pa. C.S.A. Section 3302 "lith reference to the foregoing action by first class mail, postage prepaid, this J') ~y of October, 2003, on the following: Diane Jl::.. Dils, Esquire 1017 NPrth Front Street Harris~g, P A 17102 \ Andrew C:"'Si)ears, esquire 290704-1 . (") c <'" -oi:. ~s.; Z~:... w.~~'. '<.: !<:(. '" ,-' zi-< 5>- c z :':2 o W % (:J ."" I W -0 ::JI: r.:: '=> Cl o .. -n -< ~J,.: rnFJ ~~~~ -.:Yo ?j::D ~.o ~.s)m ~ Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JAMES 1. BADDORF, v. CIVIL ACTION - LAW DOCKET NO. 2003-4782 - Civil Term LINDSAY J. BADDORF IN DIVORCE Defendant ORDER AND NOW, upon consideration of Defendant's Petition for COimseling, IT IS HEREBY ORDERED AND DECREED that the parties are required to participate in three (3) counseling sessions with a copnselor of Defendant's choosing.a..,d .!i . 0 E~J ZI) t ~ <:')c.f (.AS '- . AII.sc.~~I""S $~.alf ''"''''''....pJit.J. wi1~H 'It; <:/.:77 ~ , BY THE COURT: . J. cc: -6iane M. Dils, Esquire ..futdrew C. Spears, Esquire >~. R){s ..,,~ 1/-.5-0' :3 290704-1 . , . ~ '., . . 'l" \ .. 1" , ~ ,~.. . . to', .'. ~ . > . . j . ". .. \I1NV^lASNN3d JJ.NnCO (1t,~il:i:;8Vin:) SS :Z \J.d S- 1I0lt to lU'../l'C'" "" "at).:. :1~',.)r\,J..\J\-~":'~ 3^' I 'r) a- "'-I vCC~L" j~j IL . .' ::l0 ..,,'. ". '. ,.1, JAMES 1. BADDORF, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2003 - 4782 Civil Term LINDSAY J. BADDORF, Defendant/Respondent CIVIL ACTION .. LAW IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE AND NOW, this !u yI.. day of April 2004, comes your Petitioner, James L. Baddorf, by his attorney, Diane M. Dils, Esquire, and respectfully avers the following: I. Your Petitioner, James L. Baddorf, is an adult individual currently residing at 6331 Brandy Lane, Lot 15, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Respondent, Lindsay 1. Baddorf, is an adult individual who currently resides at 84 Arnold Road, Enola, Cumberland County, Pennsylvania 17025, and is represented by Attorney Andrew C. Spears, 3211 North Front Street, Harrisburg, Pennsylvania 17110, in connection with the above-captioned divorce action. 3. The Petitioner and Respondent were married on October II, 2002, III Mechanicsburg, Cumberland County, Pennsylvlmia. 4. The Petitioner and Respondent were separated on August 15,2003, and your Petitioner filed a Complaint in Divorce on September 11, 2003, in the Court of Common Pleas of Cumberland County, docketed to the above term and number. 5. Your Petitioner IS unable to support himself through the litigation III connection with the above-captioned divorce action. 6. The Respondent has sufficient funds in which to support your Petitioner. 7. Your Petitioner is in need of financial support from the Respondent and respectfully requests the Respondent be ordered to pay alimony pendente lite to your Petitioner pending conclusion of the above-captioned divorce action. WHEREFORE, your Petitioner, James L. Baddorf, respectfully prays your Honorable Court to grant him alimony pendente lite: pending conclusion of the above-captioned divorce action. Respectfully submitted, BY: Jd -c.j . <;;;~/f L--'r Diane M. Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 LD. No. 71873 VERIFICA TION, I verify that the statements made in this PetHion for Alimony Pendente Lite 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. ~ Lj-~;~~ JAMES L. BADDORF Date: March 30, 2004 CERTIFICATE OF SERVICE I, Diane M. Di1s, Esquire, hereby certify that a true and correct copy of the within Petition has been served upon the following individual by first class, United States mail, postage prepaid, by depositing same at the post office in Harrisburg, Pennsylvania, on the /& i'( day of April 2004, addressed as follows: Andrew C. Spears, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PAl 711 0-0300 Respectfully submitted, BY~;;:~ Diane M. Di1s, Esquire 1017 North Front Street Harrisburg, P A 17102 (717) 232-9724 LD. No. 71873 Date: f/; (.,;: )/ C) :;; (,,-) ",.. "'~ .*;""\ :;;.:J ,-0 -..,J t":} ~~ ..... -1:-" fll~ :~C:J ~~.Ci; ~- ~) (n rn CJ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION JAMES L. BADDORF ) Docket Number 03-4782 CIVIL Plaintiff ) vs. ) PACSES Case Number 407106551 LINDSAY J. BADDORF ) Defendant ) Other State JD Number ORDER AND NOW, to wit on this 26TH DAY OF AUGUST, 2004 IT IS HEREBY ORDERED that the 0 Complaint for Support or 0 Petition to Modify or (i) Other ALIMONY PENDENTE LITE filed on APRIL 16, 2004 in the above captioned matter is dismissed without prejudice due to: THE PARTIES' INCOMES, LENGTH OF MARRIAGE, AND THE DEFENDANT HAVING THE CARE AND CUSTODY OF A TEN YEAR OLD GRANDCHILD. o . !he Complaint or Petition may be reinstated upon written application of the plaintiff petItIoner. DRO: RJ Shadday xc: plaintiff defendant Diane Oils, Esquire Andrew Spears. Esquire Edward E. JUDGE Service Type M Form OE-506 Worker ID 21005 ~ ,..., ~ <=> = .r' s: ;po ~.j; -0 CO c: nlp, C'") Z,;.I) ze- N ~~ (A..,~: .... 26 :.::: -0 2~ ~o ::K 0 ~ ~c: ~ ?i w ~ tOO C'-.i ('!. ':,::!,: <-~ JAMES L. BADDORF, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03-4782 Civil PASCES NO. 407106551 LIND SA Y J. BADDORF, Defendant/Respondent CIVIL ACTION - LAW DOMESTIC RELATIONS SECTION DEMAND FOR HEARING DATE OF ORDER: August 26,2004 AMOUNT: N/A FOR: Dismissed Petition for Alimony Pendente Lite REASON(S): The Support Officer calculated a payment of the sum of $184.00 per month APL payable by Defendant to Plaintiff. The Support Officer denied this payment as a result of the length of the marriage and the parties' income and the wife's financial responsibility for a minor grandchild. However, the wife's responsibility for a minor grandchild should not be considered. The wife indicated that she filed a support action against only one of the parents and not the other. She indicated the Order was through the Cumberland County Domestic Relations Office, but that she was not receiving any support. The Plaintiff, through his attorney, indicated at the Support Conference that immediately after the parties married, the Defendant turned on him. She refused to visit his parents. She interfered with the relationship between Plaintiff and his minor children to a prior marriage. PARTY FILING DEMAND FOR HEARING: C> gnature - JAMES L. BADDORF 6-<{/-0 y Date JAMES L. BADDORF, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE LINDSAY J. BADDORF, Defendant/Respondent NO. CIVIL TERM IN DIVORCE Pacses# 407106551 NOTICE OF RIGHT TO REQUEST A HEARING The parties are hereby advised that they have until Seotember 5. 2004 to request a hearing do novo before the Court. File request in person or mail to: Office of the Prothonotary 1 Courthouse Square Carlisle, PA 17013 JAMES L. BADDORF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. No. 2003 - 4782 Civil Term LINDSAY J. BADDORF, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SER'VICE COMMONWEAL TH OF PENNSYL VANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public, in and for said Commonwealth and County, Arthur K. Dils, Esquire, who being duly sworn deposes and says that a true and correct copy of the Complaint in Divorce under Section 3301(c) of the Divorce Code has been served upon the Defendant, Lindsay J. Baddorf, 84 Arnold Avenue, Enola, Pennsylvania 17025, by First Class, United States Mail, Certified No. 7002 10000005 18768991. Attached hereto is the return receipt card executed by Lindsay J. Baddorf, dated September 25,2003, evidencing receipt of the same. ....---........ ~~~ Diane M. Dils, Esquire Sworn and subscribed to before me this ~ y.L day of 4~ r ,2005. GlL (), ~ Notary Pub lie 1fi:i~ c:~/ t/A /?oOlS- .. ~ -..s-OI 'cl-e;:J ~ dC,e -'f 7002 1000 0005 . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 2. Article Number (Transfer from service Iebe/) PS Form 3811, August 2001 3. Service Type '" I ~ Certified Mail ~egistered o Insured Mail 4. Restricted DelivElry? (Extra Fee) ..)(yes JI876 8991 Domestic Return Receipt 102595.01.M.250 ,-. '- ~:.-) CI .0::::";; ,-" -n [l"lrn (- --l ::J:>., -r L:D :iI.: .~l~ I! ZS:; ,.- (n I -:-1 rri ~ ,..:... 0\ - _~ .._N I J'--" <0 : -<I (t~~) ;;0 .- -'0 , .-.. >c: " ~ (. c ( o c' f') = ~ ~-. !:::- ....,.,;, z o 11 --'l :c r11 -n r- -arn ~~JO (-) .l ::;J ~l f~~~ 3m :;:-1 <:: .'-' -< ..-'''' ~;t'< (j I en :u ~ ::':::i -" " w o w JAMES L. BADDORF, Plaintiff iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2003 - 4782 Civil Term LIND SA Y J. BADDORF, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 11, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in 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 COITect. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. . . \'<..,::._.Y'" /. /' /;-1. <.'/7 7 c_,_::'-'-'[:7/.:c ,lL' <,2</ I 1:;.) <~0,/~_'--- Lihdsay J. ~~1 .ff, Def~ndant ,_ ) Date: January 4, 2005 o ~;: ~~;n 2~;( .<:'~ ?:c "'.'~ c.' :;"0' c: Z -.l --' -'. SU,)" r-,_ ,.:;:) C:::> c..n <- ~ I 0' -0 ':>? o -n .-' IT1 rilp :89 qn =1:: =4-1 ,::::,~("5 /.'-nl S '1:- :..] o N JAMES L. BADDORF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. No. 2003 - 4782 Civil Term LINDSA Y 1. BADDORF, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UN:DER SECTION 330l( 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 Waiver 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 authopties. . .~ ./ ~ . '~~'-;~// .~. ;'.~ Date: January 4. 2005 <--.. .._~---:1Ac/rt., Lindsay J. /) i-< -/-(;~'~ / ~n0 qbrf, Defendant I ! 1... (') r", 0 <-:-.,.:, c- '= "1 " c..;". (- -~ -r ' , " ~ filid-:! '" :2; .",- -:'" " -C"JfT1 (,/) r :l:JY C) ~~.; :'- -0 ~?j ~~ -:,~~ 1 ~ -'- ~~_: l~i :,f-::-(.~' -. , w 8 .:3 .. ~ 1:...... a ~~ "- w JAMES L. BADDORF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. No. 2003 - 4782 Civil Term LINDSAY J. BADDORF, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST 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 Waiver are true and correct. I understand that false statements herein are made subj(~ct to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: ~ / lJ< / 1]' 0 L.J ~: f' Ja es L. Baddo C) "'-.) 0 = ~~.- c-.'"';} -n ~:~ CJ1 '- -04 " ::-c _; '/ 2; rn.-: I -<:JIT! :Dy OJ C....Jr-\ : l ..~~~ ~j ,. -0 ~~~:. ::.;( -..-~C) W ~5iTl . -I .' .- ::;J =:> 'J ..... W "< JAMES L. BADDORF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. No. 2003 - 4782 Civil Term LINDSAY J. BADDORF, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 11, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in 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 made herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: / 'f-) p-eJ ~/ . ( (J ~ /l/7 / /7' Lj}. ~ddorf, Plainti f t::) r--J ('~'~ = 0 ~.~:.~ <:=> -:1 <:Jl ." ~'"r: <.:... :E:!J " :;;lP i _. Z rn tf! " I I -om 0'1 ;~6 !i~ ~;: ~ \J =;:J -""} -.- i1~~ ._, c.,,) .:::.. -,~~. .:.;:i ~,' 0 ~D " N -;: 03- L/7f;;L ~ I/#- PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is made this O0l)/d day of November 2004, by and between: LINDSAY J. BADDORF, hereinafter refi~rred to as Wife; --AND-- JAMES L. BADDORF, hereinafter referred to as Husband; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 11, 2002, in Mechanicsburg, Cumberland County, Pennsylvania; and WHEREAS, there are no children born of the marriage. WHEREAS, diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they have separated and now live separate and apart from one another, the parties being estranged due to such marital difficulties with no reasonable expectation of reconciliation; and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating tOl the ownership of real and personal property; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship. NOW THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, husband and wife, each intending to be legally bound, hereby covenant and agree as follows: 1. SEPARATION It shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest Initi~ 2 Initial~ the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. Should a Decree, Judgment, or Order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such Decree, Judgment, Order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto, that this Agreement shall survive and shall not be merged into any Decree, Judgment, or Order of divorce or separation. It is specifically agreed however, that a copy of this Agreement or the substance of the: provisions thereof, may be incorporated by reference into any Order of divorce, Judgment, or Decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any Judgment and be forever binding and conclusive upon the parties. 2. EFFECTIVE DATE The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of Initiill~ 3 Initials J.1t execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 3. MUTUAL RELEASES Husband and wife do hereby mutually remise, release, quit-claim or forever discharge the other and estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, or whatever nature and wherever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other or by way of dower or curtesy, of claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all other rights or a surviving spouse to participate in a deceased spouse's estate, whether arising under the United States, or any other country; or any rights which either party may now have or at any time hereafter have for the past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Initi~ 4 Initials .JlJ> It is the intention of husband and wife to give to each other, by the execution of this Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal, or mixed, which the other now owns or may hereafter acquire, except, and only except, aU rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 4. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of the Divorce Decree, unless otherwise specified herein. 5. MUTUAL CONSENT/ADVICE OF COUNSICL Husband and wife acknowledge and understand the terms and conditions of this Agreement, and husband is represented by Diane 1~. Dils, Esquire, and wife is represented by Andrew C. Spears, Esquire. Each party acknowledges that he or she has received or has been given an opportunity to receive independent advice from counsel of his or her selection and was fully inDJrmed as to his or her legal rights and obligations. Husband and wife acknowledge that they fully understand the facts as to their legal rights and obligations under this Agreement. Husband and wife acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily, and that the Initi~ 5 Initio!, lli execution of this Agreement is not the result of any collusion or improper or illegal agreement or agreements. 6. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owed by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the parties shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs, or expenses incurred by the other party in seeking equitable distribution of said asset. 7. DEBTS AND OBLIGATIONS Husband represents and warrants to wife that since August 2003, he has not, and in the future he will not contract or incur any debt or liability for which wife or her estate might be responsible and shall indemnify and save wife harmless from rn;~ 6 Initials J..b1S any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to husband that since August 2003, she has not, and in the future she will not contract or incur any debt or liability for which husband or his estate might be responsible and shall indemnify and save husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 8. REAL ESTATE The parties hereto acknowledge that they are not the joint owners of any real estate. 9. PERSONAL PROPERTY Except as set forth hereto, husband and wife have agreed that their personal property has been divided to the parties' mutual satisf::lction and neither party will make any claims to the property possessed by the other, except as set forth hereto: Husband and wife are the joint owners of a 1998 Expedition Eddie Bauer SUV. Husband and wife hereby acknowledge that husband shall retain exclusive possession of said vehicle and shall be solely responsible for all financial obligations in connection with said vehicle. Husband hereby acknowledges that the debt, which was previously in joint names for the purchase of said vehicle, has Initi~ 7 Initials~ since been paid in full and that there is no obligation in connection with the 1998 Expedition. Husband hereby agrees to pay to wife the sum of two thousand five hundred dollars ($2,500.00) representing reimbursement for a down payment for the 1998 Expedition, reimbursement for numerous repairs to the truck, for purchase of a dog, reimbursement of certain utilities when the parties resided together, and miscellaneous other items. Husband hereby agrees to pay to wife the sum of one hundred dollars per month commencing the month of November 2004 and continuing every month thereafter until the month of April 2005, at which time husband will secure a loan and pay to wife in full the balance owed at that time. It is anticipated that in April 2005, husband will owe to wife the sum of two thousand dollars ($2,000.00), having made five monthly paYI1l1ents in the amount of one hundred dollars each. Wife hereby agrees that upon receipt of the full amount of two thousand five hundred dollars ($2,500.00), she will execute the title to the 1998 Expedition Eddie Bauer SUV thereby waiving all of her right, title, and interest in said vehicle to husband. 10. PENSION Husband and wife hereby acknowledge that both husband and wife accumulated pensions, retirements, 40l(k)'s, or other employment related benefits through their employers throughout their short-term marriage and both husband and wife hereby waive all of their right, title, and interest to the other's pensions, retirements, 40l(k)'s, and any other employment related benefits. [mti~ 8 Initials M 11. WAIVER OF RIGHTS The parties hereto fully understand their rights under and pursuant to the Divorce Code, Act of 1980, No. 1980-26, as amended February 12, 1998, particularly the provisions for alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and the parties hereby waive, release and forever relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. 12. WAIVER OR MODIFICATION TO BE IN 'WRITING A modification or waiver of any of the terms of this Agreement shall be effective only if in writing, signed by both parties, and executed with the same formality as this Agreement. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 13. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all future instruments and/or documents that the other party may reasonably require for that purpose of giving full force and effect to the provisions of the Agreement. miti~ 9 Initials d..W 14. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective legatees, devises, heirs, executors, administrators, successors, and assigns in the interest of the parties. 15. BREACH If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for payment of attorneys fees and all costs incurred by the other in enforcing his or her rights under this Agreement. 16. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 17. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs/provisions and sub-paragraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. [nifu~ 10 Initials U .. 18. DIVORCE The parties hereto acknowledge that their marriage is irretrievably broken. The parties further agree to execute the necessary Affidavits of Consent and Waiver of Counseling, and Waiver of Notice of Intent to Request Entry of Divorce Decree upon request so that the divorce may become finalized. The parties further agree and acknowledge that this Property Settlement Agreement shall be incorporated into said Decree in Divorce; however, shall not merge therewith. 19. IRREVOCABILITY It is understood and agreed to by and between the respective parties thereto that the property division - distribution affected by the herein agreement is IRREVOCABLE and that such division - distribution shall not be affected by any change of circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current, or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current, or future laws or case decisions. In~ 11 Initials M .. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness L SAYJ.B( D L ~~~~bEAL) AMES . BADDORF / Witness Ini~ 12 Initia1~ COMMONWEALTH OF PENNSYL VANIA COUNTY OF DAUPHIN On this, the ;l;:l0J day of November 2004, before me, a Notary Public, the undersigned officer, personally appeared LINDSAY .J. BADDORF, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARIAL SEAL A ' CAROL A. LYTER, Notary Public " My Commission Ex liR!ls;of Harrieburg, Douphin ColKlIy 2. J c:l ~ My CommlA1on Elcphe Oec. j!tt, j!0Q4 N t P . o ary u IC COMMONWEALTH OF PENNSYL VANIA COUNTY OF DPUPIIIN Cv~bE..R./~d f} t! c..E"""b!.R. On this, the J 3 day of --Noven~bef 2004, before me, a Notary Public, the undersigned officer, personally appeared JAMES L. BADDORF known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. My commission expires: -~,., Notary Public COMMONWE :rH F ENN "N. A Notarial Seal Steven B. Wortey, Not:ary Public East PennIboro ~.. Cumbel'l8nct County My CommIssion expires Dec. 10, 2008 ;.-) 1'..) r-:--:';" 0 "':~J <:::, -1 ,- ~ ~ -".;1 -,- -, ni :JJ .t".... r'.- "'; I -f"in en :;JQ (--lcj t .' ""1:) f!~ :B , ., ) =-~ ,;. ;:5 f;ri z (...) :--1 ..~ a ~;'\o -< ~.J N --< JAMES 1. BADDORF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. No. 2003 - 4782 Civil Term LINDSAY J. BADDORF, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RlCCORD TO THE PROTHONOTARY: Transmit the Record, together with the following information, to the Court for entry of a divorce decree: I. Ground for divorce: Irretrievably broken under Section (X) 330 I (c) or ( ) 3301 (d) of the Divorce Code. (Check applicable section) 2. Date and manner of service of the Complaint in Divorce: By certified mail on September 25,2003. 3. [Complete either Paragraph (a) or (b).] (a) Date of execution of Affidavit of Consent required by Section 3301(c) of the Divorce Code by Plaintiff, December 13,2004; by Defendant, January 4,2005. (b) Date of execution of Plaintiff's affidavit required by Section 330 I (d) of the Divorce Code: N/A; Date of service of Plaintiff's affidavit upon Defendant: N/ A. 4. Date of service of Notice of Intent to Finalize under Section 330l(d) of the Divorce Code: N/ A; 5. Date of filing of Waiver of Notice of Inltent to Finalize by Plaintiff: January 6, 2005; by Defendant: January 6,2005. 6. Related Claims Pending: None Diane M. Dils, Esquire 1017 North Front Street Harrisburg, PAl 71 02 (717) 232-9724 Attorney for (x) Plaintiff ( ) Defendant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '+';+: Of. + . . . .. . "''''Of. '+.,.,,.,;f.;+::+: . .~ ;+i ;f Of. ;Ii ~:f.;t::+:;f, '+. Of.;f.:of...;+::f :f + +:+ +,.,. . . . . IN THE COURT OF COMMON PLEAS OFCUM8ERLAND COUNTY STATE OF PENNA. JAMES L. BADDORF, Plaintiff No. 2003-4782 Civil Term VERSUS LINDSAY J. BADDORF, Defendant DECREE IN DIVORCE AND NOW, ~~~ Dr-etA J.:JO,.~ . , dO _' IT IS ORDERED AND DECREED THAT JAMES L. BADDORF , PLAINTIFF, AND LINDSAY J. BADDORF , 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; None. The Property Settlement Agreement dated Nov,~ber 22, 2004, attached hereto. .' " w..! .I .' '" ~. 1" ,~ , - , . ~ . ,.".' -, - - ~" ..... ~.~ \.- ~ --..!" , , , AmSj1~ PROTHONOTARY ..... '.... ../ . "",-- ..,'-.,. , .; --.. ...-:-- "- ... ............. ~'-~ ...... ......: ".~''''' '''''-'' ..._'~ . . . . ;+: 't::t'i<'f. . .. . .. '+ + 'f '+ 'of. '" 'f 'of. Of't: :t ~:+:f 'f ""., + '+' '+' 'l' 'f +;+: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'f + ++ p~~ '2- ~ ~u, era ~ ~ /?J'VW 4 :rv7 _. XJ. Jr: I YC" Jr; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs File No. ? 3 IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of written notice avowing his / her intention purs t to o? Date: gives this of 54 P.S. 704. Si ature a eing sumed COMMONWEALT OF PENNSYLVANIA ) COUNTY OF On the 167-?'day of U v , 20057, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. ,, J6 JOS NOTARIAL SEAL Prot notary or Notary Public JODY S. SMITH, NOTARY PUBLIC Carlisle Boro, Cumberland County My Commission Expires April 4, 2005 ___I ,,-,-''. ~~ ~\> ~}. C><::I iP\ Ii' .J -{.." \ ^.,,"~ ;~, -' " "