HomeMy WebLinkAbout07-5198GREGORY A. PONDER,
Plaintiff
v.
LORI ANN PONDER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO: 2007 - s/ j~ ~'~
CIVIL ACTION -LAW
DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a decree of divorce or annulment may be entered against you by
the Court. A judgment may also be entered against you for any other claim or relief requested
in these papers by the plaintiff. You may lose money or property or other rights important to
yau, 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU AAAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
The Court of Common Pleas of Cumberland County is required by law to comply with
the Amercians and 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 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 LAWYER REFERRAL SERVICE
2 Liberty Avenue
Carlisle. PA 17013
Telephone: (717) 249-3166
BATURIN 8 BATURIN
By; ~.
HARRY M. BATURIN, ESQUIRE
2604 N. Second Street
Harrisburg, PA 17110
(717) 234-2427
Attorney I.D. No. 83006
GREGORY A. PONDER,
Plaintiff
v.
LORI ANN PONDER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO: o ~- 5/9 !~ 2007
CIVIL ACTION -LAW
DIVORCE
OUNTI
COMPLAINT UNDER SECTION 3301(C) ~ 3301(D1
OF THE DIVORCE CODE
AND NOW, this s ~ day of ~ c , 2007, comes the Plaintiff,
GREGORY A. PONDER, by and through his Attorney, Hany M. Baturin, Esquire, of the
Law Offices of BATURIN &BATURIN, and respectfully represents the following:
1. The Plaintiff is GREGORY A. PONDER, an adult individual, sui juris, who
currently resides at 211 Reno Avenue, Apartment One, New Cumberland, Cumberland
County, Pennsylvania, 17070.
2. The Defendant is LORI ANN PONDER, an adult individual, sui juris, who
currently resides at 140 Lancaster Boulevard, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
3. Plaintiff and Defendant have been bona fide residents of the Commonwealth
of Pennsylvania for at least six (6) months immediately prior to the filing of this
Complaint.
4. The Plaintiff and Defendant were married on September 3, 1994, in Altoona,
Blair County, Pennsylvania.
5. The Plaintiff and Defendant have continued to live apart and not as husband
and wife since June 15, 2006.
6. There has been no prior action for divorce or annulment of the marriage
between the parties hereto in this or any other jurisdiction.
7. The Plaintiff and Defendant are both citizens of the United States of America.
8. The Defendant is not a member on active duty of the Armed Forces of the
United States of America nor any of its allies.
9. Plaintiff has been advised that counseling is available and that the Plaintiff
may have the right to request that the Court require the parties to participate in
counseling and which list is available to the Plaintiff upon request. Being so advised,
Plaintiff does not request that the Court require that the parties participate in counseling
prior to a divorce decree being handed down by the Court.
10. Plaintiff requests the Court to enter a decree of divorce.
WHEREFORE, Plaintiff requests the Honorable Court to enter a Decree in
Divorce dissolving the marriage between the Plaintiff and Defendant and for such
further relief as the Court may determine equitable and just.
11. All of the averments in Paragraphs 1 through 10 are incorporated herein as
though each was set forth under Count I.
12. Plaintiff and Defendant have acquired property, both real and personal,
during their marriage.
WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce:
A. Dissolving the marriage between the Plaintiff and Defendant;
B. Equitably distributing all marital property owned by the parties; and
C. For such further relief as the Court may determine equitable and just.
Respectfully submitted,
BATURIN &BATURIN
B ~..
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Hany M. Baturin, Esquire
Attoryney I.D. No. 83006
(Attorney for the Plaintiff)
2604 North Second Street
Harrisburg, PA 17110
(717) 234-2427
GREGORY A. PONDER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
v. NO: 2007
LORI ANN PONDER, CIVIL ACTION -LAW
Defendant DIVORCE
VERIFICATION
I VERIFY THAT THE STATEMENTS MADE IN THIS COMPLAINT UNDER
SECTION 3301(c) OF THE DIVORCE CODE ARE TRUE AND CORRECT TO THE
BEST OF MY KNOWLEDGE, BELIEF AND INFORMATION. I UNDERSTAND THAT
FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18
PA. C.S. '4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES.
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GREGORY A. PONDER, : IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. : N0.2007 5198 Civil
LORI ANN PONDER, :CIVIL ACTION -LAW
Defendant :DIVORCE
CERTIFICATE OF SERVICE
I, Harry M. Baturin, Esquire, of the Law Offices of Baturin & Baturin, Attorneys for the
Plaintiff, Gregory A. Ponder, connection with the above-captioned matter, do hereby certify that
on September 1, 2007, I deposited in the United States Mail, at the United States Post Office,
Harrisburg, Pennsylvania, an article of Certified Mail, Return Receipt Requested, "Restricted
Delivery", postage prepaid, atime-stamped copy of the Complaint in Divorce and Notice to
Defend and Claim Rights attached thereto, bearing Article No. 7000 0520 0023 0131 9162,
addressed to: Lori A. Ponder, 140 Lancaster Blvd., Mechanicsburg, PA 17055..
The said article of Certified Mail, as shown by the Postal Return Receipt Card was
received by the Defendant herein on September 12, 2007, and according to same, was signed by
her, to wit: Lori A. Ponder, which card is attached hereto and marked as Exhibit "A".
BATURIN & BATURIN
Harry M.. Baturin, Esquire
Attorney LD. # 83006
2604 North Second Street
Dated: December 4, 2008
Harrisburg, PA 17110
(717) 234-2427
Attorneys for Plaintiff
.,
^ Complete items 1, 2, and 3. Also complete A. SI n re
Rem 4 ff Restricted Delivery Is desired. X ~ ~~
^ Print your name and address on the reverse ^ Addressee
so that we can return the card to you. g, Ivec~ by ~ nt C. Date of Delivery
^ Attach this card to the back of the mailpiece,
or on the front if space permRs.
1. Article Addressed to: D. Is delivery address d ~ ^ Yes
If YES, enter dell Tess bebvr.Qss ~ No
.D
Ms. Lori Ann P~cler w~ ~° ~~„
140 Lancaster Blvd. ~ SEA' 122007 ll1il11t
Mechanicsburg, PA 17055
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EXEiIBIT "A"
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GREGORY A. PONDER, : IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. : N0.2007 5198 Civil
LORI ANN PONDER, :CIVIL ACTION -LAW
Defendant :DIVORCE
NOTICE TO THE DEFENDANT
If you wish to deny any of the statements set forth in this affidavit, you must file a
counteraffidavit within twenty (20) days after this affidavit has been served on you or the
statements will be admitted.
Plaintiffs Affidavit Under Section 3301(d)
Of The Divorce Code
1. The parties to this action separated June 15, 2006 ,and have
continued to live separately and apart for a period of at least two (2) years.
2. The marriage is irretrievably broken.
3. 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.
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: December 4, 2008
Cam(
Gregory A. Ponder
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GREGORY A. PONDER, : IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. : N0.2007 5198 Civil
LORI ANN PONDER, :CIVIL ACTION -LAW
Defendant :DIVORCE
CERTIFICATE OF SERVICE
I, Harry M. Baturin, Esquire, of the Law Offices of Baturin & Baturin, Attorneys for the
Plaintiff, Gregory A. Ponder, in connection with the above-captioned matter, do hereby certify
that on December 26, 2008, I deposited in the United States Mail, at the United States Post
Office, Harrisburg, Pennsylvania, an article of Certified Mail, Return Receipt Requested,
"Restricted Delivery", postage prepaid, atime-stamped copy of Notice to Defendant /Plaintiff's
Affidavit Under Section 3301(d) of the Divorce Code ,bearing Article No. 7006 2150 0000 5810
2481, addressed to: Lori Ann Ponders, 140 Lancaster Blvd., Mechanicsburg, PA 17055.
The said article of Certified Mail, as shown by the Postal Return Receipt Card was
received by the Defendant herein on December 27, 2008, and according to same, was signed by
her, to wit: Lori A. Ponder, which card is attached hereto and marked as Exhibit "A".
Dated: February 12, 2009
BATURIN & BATURIN
By: Ivww
Harry M.. Baturin, Esquire
Attorney I.D. # 83006
2604 North Second Street
Harrisburg, PA 17110
(717) 234-2427
Attorneys for Plaintiff
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^ 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 an return the card to you.
^ Attach ~'~ard to the back of the mailpiece,
or on th nt if space permits.
1. Art~le to:
Lori A: Ponder
±40 La®icas~ter Blvd.
Mechanicsburg, PA 17055
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2. Article Numt~er
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GREGORY A. PONDER,
Plaintiff
vs.
LORI ANN PONDER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
N0.2007 5198 Civil
CIVIL ACTION -LAW
DIVORCE
NOTICE OF INTENTION TO REQUEST ENTRY OF §3301(d) DIVORCE DECREE
TO: Lori Ann Ponder
140 Lancaster Blvd.
Mechanicsburg, PA 17055
YOU HAVE BEEN sued in an action for divorce. You have failed to answer the
complaint orfile acounter-affidavit to the Plaintiffs affidavit. Therefore., on or after
March 9, 2009, the Plaintiff can request the Court to enter a Final Decree In Divorce.
If you do not file with the Prothonotary of the Court an answer with your signature
notarized or verified or acounter-affidavit by the above date, the Court can enter a Final
Decree In Divorce. Acounter-affidavit which you may file with the Prothonotary of the
Court is attached to this Notice.
Unless you have already filed with the court a written claim for economic relief,
you must do so by the above date or the court may grant the divorce and you will lose
forever the right to ask for economic relief. The filing of the form counter-affidavit alone
does not protect your economic claims.
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, PA 17013
Telephone: (717) 249-3166
BATURIN & BATURIN
Harry M. Baturin, Esquire
Attorney ID#83006
2604 N. Second Street
Harrisburg, PA 17110
(717) 234-2427
(Attorneys for the Plaintiff)
Dated: February 12, 2009
-.. J
GREGORY A. PONDER,
Plaintiff
vs.
LORI ANN PONDER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
N0.2007 5198 Civil
CIVIL ACTION -LAW
DIVORCE
DEFENDANT'S COUNTERAFFIDAVIT
UNDER SECTION 3301(d) OF THE DIVORCE CODE
1. Check either (a) or (b):
(a) I do not oppose the entry of a divorce decree.
(b) I oppose the entry of a divorce decree because
(Check (i), (ii), or both:
(i) The parties to this action have not lived separate and apart for a period of a
least two years.
(ii) The marriage is not irretrievably broken.
2. Check either (a) or (b):
(a) I do not wish to make any claims for economic relief. 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.
(b) I wish to claim economic relief which may include alimony, division of property,
lawyer's fees or expenses or other important rights.
I understand that in addition to checking (b) above, I must also file all of my economic claims with
the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on
the Notice of Intention to Request Divorce Decree, the Divorce Decree may be entered without further
delay.
I VERIFY THAT THE STATEMENTS MADE IN THIS COUNTER-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:
Defendant
NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE
AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED
NOT FILE THIS COUNTER-AFFIDAVIT.
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GREGORY A. PONDER, : IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. : N0.2007 5198 Civil
LORI ANN PONDER, :CIVIL ACTION -LAW
Defendant :DIVORCE
CERTIFICATE OF SERVICE
I, Harry M. Baturin, Esquire, of the law firm of Baturin & Baturin, attorney for the Plaintiff
in the above captioned matter, do hereby certify that on February 16, 2009, I deposited in the
United States Mail, Harrisburg, Pennsylvania, by regular surface mail, an article of mail, a
clocked-in copy of the Notice of Intention To Request Entry of 3301(d) Divorce Decree along
with Defendant's Counteraffidavit Under Section 3301(d) of the Divorce Code attached thereto
addressed to: Lori Ann Ponder, 140 Lancaster Blvd., Mechanicsburg, PA 17055.
BATURIN & BATURIN
Harr~'M. $aturin, Esquire
Attorney I.D. 83006
2604 North Second Street
Harrisburg, PA 17110
(717) 234-2427
(Attorney for Plaintiff)
DATE: May 7, 2009
2~~9~~' i2 ~~r~{!~
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IN THE COURT OF COMMON PLEAS
Gregory A. Ponder, CUMBERLAND COUNTY, PENNSYLVANIA
VS. Plaintiff
Lori Ann Ponder CIVIL DIVISION
Defendant '
NO. 2007 5198 civil CIVILTERM
PRAEClPE 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:
. ~~~~fr~~~/at~~v~~G6~r-~~1f~(d~~r~~~~~~~~
3301(d)(1) of the Divorce Code.
(Strike out inapplicable section).
a anne rvtc ~f Q n alnt Served September 12, 2007, by Certified- Mail
2' Ret~rie Rnedceipt K reyiies~eci ~'RestrictmeCll )Deli
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 by defendant
(b) (1) Date of execution of the affidavit required by §3301(d)
of the Divorce Code: December 4, 2008
(2) Date of filing and service of the plaintiff's affidavit upon the respondent:
Find December 8, 2008 and served December 27, 2008, by certified mail, return
rece~~1E: ~'egr~est=ed "~ee~~'~e~ed ~le~}ve "
4. Related claims pending: ___~nQ~
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: Served 'February 16, 2009, by regular surface mail, postate prepaid.
(b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with
the Prothonotary:
Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with
the Prothonotary:
HARRY M. BA'tiJRIN, ESQUIRE
Date: May 7, 2009
St.
Attorney ID 830~torney for Plaintiff / ~f~-~c~a~ Harrisburg, PA1711o
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GREGORY. A. PONDER, : IN THE COURT OF COMMON PLEAS
Plaintiff ;CUMBERLAND COUNTY, PENN~S
I'L.'~NIA
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NOTICE OF INTENTION TO REQUEST ENTRY OF §3301(d) DIVORCE'~DE~tE>~
TO: Lori Ann Ponder
140 Lancaster Blvd.
Mechanicsburg, PA 17055
YOU HAVE BEEN sued in an action for divorce. You have failed to answer the
complaint orfile acounter-affidavit to the Plaintiffs affidavit. Therefore, on or after
March 9, 2009, the Plaintiff can request the Court to enter a Final Decree In Divorce.
If you do not file with the Prothonotary of the Court an answer with your signature
notarized or verified or acounter-affidavit by the above date, the Court can enter a Final
Decree In Divorce. Acounter-affidavit which you may file with the Prothonotary of the
Court is attached to this Notice.
Unless you have already filed with the court a written claim for economic retie#,
you must do so by the above date or the court may grant the divorce and you wi!II lose
forever the right to ask for economic relief. The filing of the form counter-affidavit alone
does not protect your economic claims.
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, PA 17013
Telephone: (717) 249-3166
BATURIN & BATURIl~t
Harry M. Baturin, Esquire
Attorney ID#83006
2604 N. Second Street
Hamsburg, PA 17110
(717) 234-2427
(Attorneys for the Plaintiff)
Dated: February 12, 2009
ti
GREGORY A. PONDER,
Plaintiff
vs.
LORI .ANN PONDER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
N0.2007 5198 Civil
CIVIL ACTION -LAW
DIVORCE
DEFENDANT'S COUNTERAFFIDAVIT
UNDER SECTION 3301(d) OF THE DIVORCE CODE
1. Check either (a) or (b):
(a) I do not oppose the entry of a divorce decree.
(b) I oppose the entry of a divorce decree because
(Check (i), (ii), or both:
(i) The parties to this action have not lived separate and apart for a period of a
least two years.
(ii) The marriage is not irretrievably broken.
2. Check either (a) or (b):
(a) I do not wish to make any claims for economic relief. 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.
(b) I wish to claim economic relief which may include alimony, division of property,
lawyer's fees or expenses or other important rights.
I understand that in addition to checking (b) above, i must also file all of my economic claims with
the Prothonotary in writing and serve them on the other party. !f ! fai! to do so before the date set forth on
the Notice of Intention to Request Divorce Decree, the Divorce Decree may be entered without further
delay.
I VERIFY THAT THE STATEMENTS MADE IN THIS COUNTER-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:
Defendant
NOTICAET:~IF~Y_~O~~U~D~O.~TN!TO~TTWISH TO OPPOSE THE~E~N~TR/~Y/ ~1OTF1*A,fTD~IVORCE DECREE
~._._ V lJ LV 1V V 1 ~Y 1~7i1 1~~E - ' 1`Vlt~'L\i7:YG~liV'~'Si-~n~ii~i --
NOT FILE THIS COUNTER-AFFIDAVIT.
~FiLEC~~`r «;:
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Gregory A. Ponder
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
Lori Ann Ponder
NO.
2007 5198 Civil
DIVORCE DECREE
AND NOW, M l al , 40 , it is ordered and decreed that
Gregory A. Ponder plaintiff, and
Lori Ann Ponder ,defendant, are divorced from the
bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
None.
By the Court,
Attest: J.
othonotary
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