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HomeMy WebLinkAbout04-4610 SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEVS-AT.LAW 26 W. High Street Carlisle, P A DOROTHY G. MITCHELL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION. DIVORCE NO.Qt;'__ I./~/o CIVIL TERM IN DIVORCE VERNON L. MITCHELL Defendant 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 of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 32 BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAlOIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff By: j Carol '. L ID#4 69 26 Wes High Street Carlisle, PA 17013 (717) 243-6222 SAlOIS SHUFF, FLOWER & UNDSAY ATTORNEYS-AT-LAW 26 w. High Street Carlisle. P A DOROTHY G. MITCHELL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - DIVORCE NO. 0'1'- ''''0 CIVIL TERM IN DIVORCE VERNON L. MITCHELL Defendant COMPLAINT Dorothy G. Mitchell, Plaintiff, by attorneys, SAlOIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is Dorothy G. Mitchell, who resides at an address which she wishes to maintain private on account of her concerns for her safety. Her mailing address is P.O. Box 539, New Cumberland, Cumberland County, Pennsylvania, 17070. She has resided at her address since September 1, 2004. 2. The Defendant is Vernon L. Mitchell, who currently resides at 1133 Brockton Circle, New Cumberland, Cumberland County, Pennsylvania 17070 where has resided since January 2003. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 25, 2001, at Portsmith, Virginia. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. SAIDIS SHUFF, FLOWER & LINDSAY A'ITORNEYS-AT.LAW 26 W. High Street Carlisle. P A '\ COUNT I . DIVORCE PURSUANT TO 23 Pa. C.S.A. !i3301(c) and !i3301(d) 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff prays this Honorable Court to enter a Decree in Divorce divorcing Plaintiff from Defendant. COUNT II . EQUITABLE DISTRIBUTION 8. The averments of Paragraph 1 through 7 are incorporated herein by reference as though set out in full. 9. The parties have, during their marriage, acquired certain property, both personal and real. WHEREFORE, Plaintiff prays this Honorable Court to equitably divide the parties' property. COUNT III - ALIMONY, ALIMONY PENDENTE LITE 10. The averments of Paragraph 1 through 9 are incorporated herein by reference as though set out in full. 11. Plaintiff is without property and assets sufficient to provide for reasonable needs presently and after the entry of a Decree in Divorce. SAlOIS SHUFF, FLOWER & LINDSAY A'ITORNEYS-ATeLAW 26 W. High Street Carlisle, P A WHEREFORE, Plaintiff prays this Honorable Court to order alimony, and alimony pendente lite, in an amount sufficient to provide for Plaintiff's reasonable needs. Date: ~. /5 ZPO~ SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: , 1M Carol J. Und~y, =squire '- ID # 44693 26 West Hig reet Carlisle, PA 17013 (717) 243-6222 SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 16 W. High Street Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. ~ (j, tl1;fdvtR ,~ Doroty G. Mitchell, Petitioner ~ ~ ;:., - c 0(\ J- '--,"" f'.' ~ ~ " ~ ~\ -..J ~ (-. " .D v. ).> 0' o!) ~\ "b\1\~ :::-~ 41:'> ~. ~ . 7' t ""'.1 :~ SAlOIS SHUFF, FLOWER & LINDSAY ATI'QRNEYS'AT'LAW 26 W. High Street Carlisle, P A DOROTHY G. MITCHEll, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVil ACTION - DIVORCE NO. o'l~ tf~1O CIVIL TERM IN DIVORCE VERNON L. MITCHELL Defendant PETITION FOR SPECIAL RELIEF Now comes Dorothy G. Mitchell, by and through her counsel, SAlOIS, SHUFF, FLOWER & LINDSAY, P.C., and petitions this Honorable Court as follows: 1. Petitioner, Dorothy G. Mitchell and Respondent, Vernon L. Mitchell were married on July 25, 2001 and separated on or about August 30, 2004. 2. Petitioner is a teacher at Carlisle Barracks and Respondent is retired from the military and from Federal Civil Service. 3. At the time of their separation Petitioner drove a 2001 Chrysler, purchased during the marriage and titled in Respondent's name. Respondent drove a 2003 Lincoln Town Car, purchased during the marriage and titled in Respondent's name. 4. On September 13, 2004 Respondent came to Carlisle Barracks where Petitioner was employed and took the 2001 Chrysler, averring his entitlement to the vehicle since it was titled in his name. 5. Petitioner has no other vehicle to drive during the pendency of this action. SAlOIS SHUFF, FLOWER & LINDSAY A'ITORNEYS-AT-LAW 26 W. High Street Carlisle. P A 'I 6. In the course of the parties marriage they have acquired a certain property individually titled. The martial property includes the following: a. A Thrift Saving Plan with a marital portion of approximately $90,000.00 in Respondent's name. b. A savings account in Germany titled in Respondent's name with approximately $300,000.00 earned during the parties marriage. c. Respondent's life is insured by a Federal Employees Group Life Insurance Plan. 7. Petitioner believes that Respondent will interfere with property titled in his own name in order to defeat equitable distribution. WHEREFORE, Petitioner prays this Honorable Court to order Vernon L. Mitchell to return the 2001 Chrysler titled in his name to Petitioner pending equitable distribution and that he return such vehicle in good condition. Further, Petitioner prays this Honorable Court to issue an order of non-dissipation on Defendant's German accounts and his Thrift Savings Plan and order Respondent not to change the beneficiary designation on his life insurance policy. SAlOIS, SHUFF, FLOWER & LINDSAY ~eys~'PI"-f1 Carol J. Lin sa ,l~Ui~ 10# 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle, P A II DOROTHY G. MITCHELL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V5. CIVIL ACTION - DIVORCE NO. CIVIL TERM VERNON L. MITCHELL IN DIVORCE Defendant CERTIFICATE OF SERVICE AND now, this / ~ day of -~ ~~ ' 2004, I, Carol J. Lindsay, Esquire, of the law firm of SAlOIS, M,UFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition for Emergency Relief this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Liesl Beckley, Esquire 212 N. 3rd St. P.O. Box 11998 Harrisburg, PA 17108 SAlOIS, SHUFF, FLOWER & LINDSAY :m,ys "" Pl';nt_etit~ y, squire ~ 10# 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS'AT.LAW 26 W. High Street Carlisle. P A II VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. ().<YI...t1 .. M, ij'Lf c.ktn ~" ~D~~athy G. Mitchell, Petitioner SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A II DOROTHY G. MITCHELL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION. DIVORCE NO. 0 'f - 4tQ 'Q CIVIL TERM IN DIVORCE VERNON L. MITCHELL Defendant PETITION FOR ALIMONY PENDENTE LITE Now comes Dorothy G. Mitchell, by and through counsel, SAlOIS, SHUFF, FLOWER & LINDSAY, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife, having been joined in marriage on July 25, 2001. 2. The parties separated on or about August 30, 2004. 3. Petitioner is without the ability to earn income sufficient to meet her reasonable needs. WHEREFORE, Petitioner prays this Honorable Court to order alimony pendente /ite in an amount equal to the Pennsylvania State Support Guidelines. SAlOIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff By: fAit Carol J. Linds y, # 44693 26 West High reet Carlisle, PA 17013 (717) 243-6222 SAlOIS rUFF, FLOWER 1. LINDSAY nuRNF;YS'AT'(AW J W. High Street CarUsle, P A 1/ I DOROTHY G. MITCHELL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION. DIVORCE NO. CIVIL TERM VERNON L. MITCHELL IN DIVORCE Defendant CERTIFICATE OF SERVICE AND now, this I t,:J day of ~ . , 2004, I, Carol J. Lindsay, Esquire, of the law firm of ~dJ., SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition for Alimony Pendente Lite this day by depositing in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Liesl Beckley, Esquire 212 N. 3rd St. P.O. Box 11998 Harrisburg, PA 17108 SAlOIS, SHUFF, FLOWER & LINDSAY Attorneys for f?-lafntiff\Petitione By: eft Carol J. Linds 10# 44693 26 West Hig eet Carlisle, PA 17013 (717) 243-6222 SAlOIS SHUFF, FLOWER & LINDSAY A1TORNEYSeAT.UW 26 W. High Street Carlisle, P A II I VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. ~lLI 19. (.11lc:k~ Dorothy G. Mitchell Date: JYJ-I- I <::, ) () ~ DOROTHY G. MITCHELL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. CIVIL ACTION - DIVORCE NO. 04-41510 CIVIL TERM VERNON L. MITCHELL IN DIVORCE DEFENDANT ATTORNEY'S ACCEPTANCE OF SERVICE \, Elizabeth Beckley, Esquire, attorney for Defendant, Vernon L. Mitchell, in the above captioned action, hereby accept service of the Divorce Complaint in the above "']'1 action on September ~ , 2004 on Defendant's behalf and hereby acknowledge that I am authorized to do so. BY:~~ ELI BET ECKL , BECKLEY & MADDE 2112 N. 3RD ST. PO. Box 11998 HARRISBURG, PA 17108 Q ,--.- ,-, = ~~ C\ -n ::-J foil (/ r0 C.: (,~~ Ci SAlOIS mUFF, FLOWER & LINDSAY ATIORNEYStAT-LAW 26 W. High Street Carlisle, P A DOROTHY G. MITCHEll, SEP 1 7 2004 V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA a Plaintiff vs. CIVil ACTION - DIVORCE NO. 04y. 'J~/(J CIVil TERM IN DIVORCE VERNON L. MITCHEll Defendant ORDER OF COURT AND NOW, this ~ day of ~... tp t ,,2004, upon consideration of the within Petition, a hearing is set for the ,;; ntl day of 4~, 2004 in courtroom number I at the courthouse at Carlisle, Pennsylvania at '1: 3a o'clock LLm. A Rule is issued on the Respondent to show caUSEl why the relief requested in the instant Petition should not be granted. Rule returnable at the hearing. Pending the hearing, Vernon L. Mitchell shall not remove from his German bank accounts or from his Thrift Savings Plan any amounts of money nor shall he transfer any interest in said accounts to any other person. Vernon L. Mitchell shall not give away, sell or otherwise alienate the 2001 Chrysler vehicle pending further order of this court and he shall not remove Plaintiff as beneficiary of his life insurance policy. By the Court 0- cs: ;:."::: ~;~~; C)!::,) ]. c~ c.::JC; we.. ;~lU LL:r: 1-- U_ o . \,,0 is .<- :? .c: (J.::'::o -.)-S~ __I r , (n ;~ ~<; , . ,,~,_. ,,"UJ 'IJCL :5 <.) :::r.: <C '- (...) o -'" = = <N DOROTHY G. MITCHELL, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION .. DIVORCE VERNON L. MITCHELL, Defendant/Respondent NO. 2004-4610 CIVIL TERM IN DIVORCE Pacses# 329106773 ORDER OF COURT AND NOW, this 22n' day of, 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.I. Shaddav on December 3.2004 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 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@ (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 Date of Order: October 22. 2004 f! J 4i..--{.,---", R. J. Shadday, Conference Officer (./ YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTENJ) 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 FINll OUT WHERE YOU MAY GET LEGAL HELP. Petitioner < Respondent Carol Lindsay, Esquire Elizabeth Beckley, Esquire Mail copies on 10-22-04 to: CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 12/02/2004 09:15 ", 71 72436510 SAIDIS SHUFF FLOWER PAGE 03/03 SAIDIS HUFf'. FLOWER & LINDSAY A'ITORNIl;YSoA"'LA W 26 W. High Street Carlisle, P ^ DOROTHY G. MITCHELL, IN THE COURT OF COMMON PLEAS OF CUMBERI-AND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION.. DIVORCE NO.04-4610 CIVIL TERM IN DIVORCE VERNON L MITCHELL DeflO'ndant ORDEFt OF COURT AND NOW. this :2 ...... c:l day of tv 0 V. ~I 2004, upon consideration of the rt;lquest of counsel for the parties, a hearing on the Plaintiff's Petition for Special Relief is continued generally. It may be re-listed fa" hearing upon the request of either party. The temporary order of September 27, 2004 sh~dl remain in effect. By the Court frl/~Poli ~ tjO ,0 \ C).., .' .... f fA !(""\_ /I.U\;; ;', ;.-., {'\f1 '*7 ::; I :G Ud C~ J30 MOZ .~7.:!;h!CI ,.H';~'! (", """_', ,.-',:,_, ~'I "'-' -,::.;\", '-L'~'._;..J ::;J-fl ::f0 -iCJl-..'....(l-fl:;/I.J ...... -'-'...... '-o.il-..r lJ....) 12 a2/~004 09:15 7172436510 SAIDIS SHUFF FLOWER PAGE 02/03 JOHN E. SLTKE .ROHJ::RT C. SAI1)IS GEOliliRF.Y 5, SHUFF JMI~'" 1/. FT.Owr~]R CAR.Oq. WNlXiA" BRIAN Co CAJlI1RBY GEORGE F.DOUClAS, III MA1THFW J. 13SJii:lLMANt THOMAS I:i. I'I..OWF,R. LINnaA Y GtNGRlOI MACI.^ 'r J Act YN SMrTH LAW OFFIO!S SAIDIS, SHUFF, FLClWER & LIND~AY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARUSLE, PENNSYLVANIA 17013 TIiL"EpaONE: (717) 243-6222. :F.ACSIMILE; (71.7) Z43-6486 EMAn.: a"orlleytJ!R~I-lllw.com www.ssfl-lilw.cQm C.~Ml' lllLL OJ:FrOj; 2109 MAI{KT:IT STRlil':r CAMP 1l1l.L. PA .J701l TELEPHONf:.; l.'71i)7.'\7-:\4lt<:; FACSIMlLF.: (717Jl.'i-:i411i tl:klrml CA.=rlil;,.d r.l\'d,r~H~ RJs)lI'l ~...prl1~nl:rn}ll REPT.. Y T() CARLISLE: December 2,2004 VIA FACSIMilE 240-6462 AND First Class lIS Mail The Honorable Judge W. Oler One Courthou::)t:! Square Carlisle, PA 17013 RE: Mitr.hall v. Mitchell No. 04-4610 Dear Judge Oler: I reprp.~p.nt Dorothy Mitchell and Vernon Mitch(~1I is represented by Elizabeth Bt!c;kley, Esquire. I filed a Petition for Special Relief and an order was issued on September 27, 2004 setting a heeJl iug for December 2, 2004. Ms. t3eckley and I are in agreement that the hearing should be continued generally wit" the temporary ordp.r remaining in place. I enclose a proposed order. Ms. Beckely should be in touch to confirm. Very truly yours, Saidis. Shuff, Flowp.r & Lindsay (ydtv~ L:arol J. Lindsay C,.;JL:ap ~nclo$ure Ceo; DU1vltlY Mitchell Elizabeth Beckley, Es~uire r: ,-,..-) I.' l~ t - ') ~ """'l/'\ I' DOROTHY G. MITCHELL, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. CIVIL ACTION - DIVORCE VERNON L. MITCHELL, Defendant/Respondent NO. 2004-4610 CIVIL TERM IN DIVORCE PACSES# 329106773 ORDER OF COURT AND NOW, this 21 sl day of January, 2005, based upon the COUlt's determination that Petitioner's monthly net income/earning capacity is $2,303.40 and Respondent's monthly net income/earning capacity is $3,319.54, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $606.00 per month payable monthly as follows; $406.00 for alimony pendente lite and $200.00 on arrears. First payment due on or before February 1, 2005. Arrears set at $1,624.00 as ofJanuary 14, 2005. The effective date of the order is September 15, 2004. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.~ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the P A SCDU to: Dorothy G. Mitchell. Payments must be made by check or money order. All checks and money orders must be made payable to P A SCDU and mailed to: P A SCDU P.O. Box 69110 Harrisburg, P A 17106-911 0 Payments must include the defendant's P ACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Unreimbursed medical expenses that exceed $250.00 annually are to be paid as follows: 0% by Respondent and 100% by Petitioner. The Petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Respondent to provide medical insurance coverage. Within thirty (30) days after the entry of this Order, the Respondnet shall submit to Petitioner written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at minimum, of: I) the name of the ht~a1th care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order shall become final ten days after the mailing of the notice ofthe entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner's Attorney Petitioner Respondent Respondent's Attorney DRO: R. J. Shadday Mailed copies. on 1-21-05: < BY THE COURT, Edward E. Guido Petitioner Respondent Elizabeth Beckley, Esquire Carol Lindsay, Esquire J. ,c: ';;; :J' S::'~ ~ \'-' 0'" ~ A -r: ,-n 'fn ~-,::': \~'>', :9\ t;) i") ~ :::\.i~'f, ",s.n '()~) :~:;:~ r-r~ '~) \:;i -0 :::;; <-0> .' - ':" SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A DOROTHY G. MITCHELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS BRANCH VS. VERNON L. MITCHELL Defendant No. 2004-4610 PACSES # 329106773 PRAECIPE TO WITHDRA W APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the Plaintiff, Dorothy G. Mitchell, in the above captioned case. SAlOIS, SHUFF, FLOWER & LINDSAY, P.c. Attorneys for P!llhItiff \ \ By: PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, Dorothy G. Mitchell, in the above captioned case. /f)h~~ Michael . Scherer, Esquire 19 West South Street Carlisle, Pennsylvania 17013 ',. ...., = = c.n ~ ;;0 I Cf) :;? -:,.. I,':: o -rl .--1 ::r:..,..\ I'r1~ ..''''ltQ :"CJ .,..- .~~(~ ~--.\~ ~':;'l Tl?\ ":Q vo II V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 20044610 CIVIL TERM : CIVil ACTION - lAW : IN DIVORCE DOROTHY G. MITCHELL, Plaintiff VERNON L. MITCHEll, Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, 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 Dorothy L. Gourdine, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. Date: July .a..D ,2006 ~ ,y Yh~ rothy G. Mitchell ~ LFa t,; D othy L. Gourdine COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On the ~D day of July, 2006, before me, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH Of PENNSYLVANIA NoIarlal Seal Jennifer S. Undsay, Notary Public Carlisle Bore, CUmber1and County My Commission Expiles Nov. 29, 2007 M~!mbef, Pennay!val'lia Association Of Notaries r ~ ~ ~:::) ,s q :~ ... ~ il"iiE' "- '" i\,) ~ -.l - 0; C> r t ':':) ,.) c:' ... ~ % "':t" I I I II po PROPERTY SETTLEMENT AGREEMENT This is a Property Settlement Agreement entered into this ~ay o~f/ 2006, by and between VERNON L. MITCHELL, of Harvest, Alabama (hereinafter referred to as "Husband"), and DOROTHY G. MITCHELL, of Cumberland County, Pennsylvania (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on July 25, 2001: and WHEREAS, no children have been conceived of this marriage; and WHEREAS, unhappy differences have arisen between Husband and Wife in consequence of which they are now living separate and apart from each other; and WHEREAS, Husband and Wife are now in the process of obtaining a divorce, and, consequently, they desire to settle and determine finally and for all time both their respective financial and property rights, including any and all claims which either of them may have against the other. NOW THEREFORE, in consideration of this Property Settlement Agreement, and of the mutual promises, covenants and undertakings set forth herein, and incorporating the above "WHEREAS" clauses herein by reference, the parties hereto, each intending to be legally bound, hereby agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 1 il ," 2. INTERFERENCE: Each party shall be free from interference, authority and 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 the other or attempt or 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 other's peaceful existence, separate and apart from the other. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since the separation 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 that she shall indemnify and save harmless Husband from any and all claims or demands incurred by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the separation 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 that he shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OUTSTANDING JOINT DEBTS: All debts, obligations or liabilities incurred at any time in the past by either of the parties will be paid promptly by the party in whose name said debt, obligation or liability is titled unless except as otherwise specifically set forth in this Agreement. Each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and saved harmless from all debts or liabilities solely in the name of him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever appertaining to such actions, claims and demands. 2 il .' Neither party shall, after the date of this Agreement, contract or incur any debt or liability for which the other or his or her property might be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against her or him by reason of debts or obligations incurred by her or him, and from all costs, legal costs and counsel fees incurred in connection therewith unless provided to the contrary herein. 6. BANK ACCOUNTS AND INVESTMENT ACCOUNTS: Husband and Wife are owners of individual savings, checking and investment accounts at various institutions, and Husband hereby releases all claims in and to all accounts in the name of Wife, and Wife hereby releases all claims in and to all accounts in the name of Husband, and each party shall retain as his or her separate property each account currently titled to that party. Husband and Wife agree to sign, upon request and after execution of this Agreement, any titles or any other documents reasonably necessary to give effect to this Section. 7. RETIREMENT/PENSION ACCOUNTS: Husband and Wife have had the opportunity to obtain information on each other's retirementJpension accounts and agree that, other than what is mentioned in this section of the agreement, they will each keep any and all retirementJpension accounts currently titled in their own names. Husband and Wife agree that Wife will receive the sum of $30,000.00 from Husband's Thrift Savings Plan. This transfer will be done through a Qualified Domestic Relations Order or other similar Court Order so that the transfer to Wife is a tax-free transfer. Husband's counsel will prepare the Court Order affecting this transfer. 8. AUTOMOBILES: Husband and Wife agree that Husband will become the sole and exclusive owner of the Lincoln Towncar and Wife will become the sole and exclusive owner of the Chrysler. Husband and Wife agree that they are each solely and separately responsible for any and all debt associated with their respective vehicles and agree to indemnify the other should the same be necessary. 3 9. HUSBAND'S RELEASE: Husband does hereby release, remise, quitclaim, and forever discharge Wife and the Estate of Wife from any and all claims that he now has or may hereafter have against Wife, or in, to, or against her Estate or any part thereof, whether arising out of any former contracts, agreements, engagements, or liabilities of Wife, or by way of dower or claim in the nature of dower, spouse's right or under any intestate laws or the right to take against Wife's Will, or for equitable distribution, support, alimony, alimony pendente lite, or maintenance of any other nature whatsoever, excepting only those rights accruing to Husband under this Postnuptial Agreement. 10. WIFE'S RELEASE: Wife does hereby release, remise, quitclaim, and forever discharge Husband and the Estate of Husband from any and all claims that she now has or may hereafter have against Husband, or in, to, or against his Estate or any part thereof, whether arising out of any former contracts, agreements, engagements, or liabilities of Husband, or by way of dower or claim in the nature of dower, spouse's right or under any intestate laws or the right to take against Husband's Will, or for equitable distribution, support, alimony, alimony pendente lite, or maintenance of any other nature whatsoever, excepting only those rights accruing to Wife under this Postnuptial Agreement. 11. MUTUAL INDEMNIFICATION: Each party represents that no debts, liabilities, or obligations have been incurred or contracted for which the other party or the Estate of the other party may be responsible or liable, except those specifically identified in this Agreement. Each party hereto shall hereafter keep the other and his or her heirs and personal representatives indemnified and saved harmless against and from all debts and liabilities contracted for or incurred by or on behalf of the indemnifying party, and 4 II against and from all actions, proceedings, claims, demands, costs, attorneys' fees and expenses incurred in respect to any such debts or liabilities, excepting, however, obligations of the parties hereto to each other under this Agreement. 12. DIVISION OF PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, their personal property and the personal effects, household furniture and furnishings, and all other articles of personal property which have theretofore been used by them in common, and neither party will make any claim to any items of personal property which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. 13. ALIMONY PENDENTE LITE AND DIVORCE: Husband is currently Court Ordered to pay alimony pendente lite in the amount of $406.00 per month. Husband's alimony pendente lite obligation will terminate on the execution/effective date of this agreement. Upon the execution of this agreement by both parties, Husband will contact Domestic Relations to terminate his alimony pendente lite obligation. In the event that Wife receives an alimony pendente lite payment beyond what she is entitled to pursuant to the terms of this agreement, Wife agrees to immediately, upon receipt of said over payment, refund the money directly to Husband. Husband will continue to carry Wife on his health insurance until August 31, 2006. In order to be able to maintain Wife on Husband's health insurance, Husband and Wife agree that neither party will be entitled to petition the Court to enter a Divorce Decree before September 1,2006. Husband and Wife agree to sign Affidavits of Consent and Waivers of Notice dated September 1, 2006, at the execution of this agreement. Wife's counsel, Michael A. Scherer, Esquire, shall take the necessary steps to complete the parties' divorce within 30 days of September 1, 2006, and provide opposing counsel with a certified copy of the Divorce Decree once the same has been entered. 5 II 14. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, to sue for specific performance, and to 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: Wife has employed and had the benefit of counsel from Michael A. Scherer, Esquire, as her attorney. Husband has employed and had the benefit of counsel from Elizabeth S. Beckley, Esquire as his attorney. Each party acknowledges that he or she fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and/or with such knowledge as each party desires, and that execution of this Agreement is noUhe result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Also, each party hereto acknowledges that under the Pennsylvania Divorce Reform Act, the Court has the right and duty to determine all marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being advised of his or her rights hereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just, and equitable to each of the parties, and each 6 II party waives their respective right to have the Court of Common Pleas or any Court of competent jurisdiction make any determination or order affecting the respective parties' right to a alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 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. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, administrators and assigns. 18. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed by both parties with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 19. SEVERABILITY: If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 20. DATE OF EXECUTION/EFFECTIVE DATE: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they did so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 21. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 7 il IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above-written. . Vernon L. Mitchell 1(kA~ Mic~ael A. Scherer, Esquire ~. rn.-fJa{ Doro y G. Mitchell COMMONWEALTH OF ALABAMA COUNTY OF fVIIrD1&AI : SS.: On this the ~ day of (\? /)k n1 he (~ , 2006, before me, the Ji, undersigned officer, personally appeared VERNON L. MITCHELL, 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 purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. My Commission Expires: na/ _ t t.., . . .", . "t; ....... A" I ... ~....... - .-: / c - - i~: .. ...J ... ~ . .. =! :..~ .. . .... . ~ .)'. 0 :, ... ~~ .. ... ... \ "'L, . r .' ~ I '. -, .) .. \ """ , II A \. ~ . ..... "t ,.\1liI '....M.... .' RACHAEL LEE YEOMAN Notary Public. Madison County Alabama State At Large My Commission Expires September 15. 20Q9 8 II COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 55. On this the day of , 2006, before me, the undersigned officer, personally appeared DOROTHY G. MITCHELL, 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 purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Public My Commission Expires: 9 (j "~~- I, 't ' r-...> <::;;;> e::-... c;;; 9 ... .' '-"-1 ~ i! ["11 :r; ,". 1~:QJ '. J '_, ,~_' r' ) '"'IC:) [~ .~-:~ , -:; ,:..:..: ;jh1 ,,--t .~, ~~7 --< f'.., ......J :t:;", S? r--.:l ,= co::> Cf"' ,'~ ---' (--) o "n :.T! -~. "ll~2 . r-- tI2 \....>' N -..! (-,\ ?: ~ :;I} ~\~ ;;..:;fT1 'j ;~.;~ '~ 6 (.Ti DOROTHY G. MITCHELL, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL VANIA v. :CIVIL ACTION - LA W : IN DIVORCE VERNON L. MITCHELL, Defendant :NO. 04 -- 4610 AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 15,2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. ~ Dmed: October 25, 2006 () r: "' "-> c::, ;Z~ g o '")1 ::;! f):, :r; . ',- ";::Jtll -'.1 f"--; ."~.; j ::C"j' ....-=...: 1'" -.....J ~ ...."... : \ ::;3 :-;.C) .3171 .~~ --< S? c;.~ DOROTHY G. MITCHELL, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION - LAW : IN DIVORCE VERNON L. MITCHELL, Defendant :NO. 04 -- 4610 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 of divorce without notice. 2. I understand that I may lose rights concerrung alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn fulsification to authorities. / / ~ ~ Dated: October 25, 2006 ~ Vernon L. Mitchell p ,....., = r::-.,:) CI'"> a ~~~ o .., ~" me; " , I.:; ~~I 1''' -..J ::~ :'f: o c') II ." tc./' .. DOROTHY G. MITCHELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-4610 CIVIL TERM VERNON L. MITCHELL, Defendant CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO WITHDRAW PETITION FOR SPECIAL RELIEF TO THE PROTHONOTARY: Kindly withdraw the Petition for Special Relief filed by the Plaintiff, Dorothy G. Mitchell in this case. /0' 2,.06 MiC~i~sqUire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff mas.dir/domestic/mitchell/withraw.pra .~ II ~"i " DOROTHY G. MITCHELL, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4610 CIVIL TERM VERNON L. MITCHELL, Defendant CIVIL ACTION-LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on O~ ;'7 ,2006, I, Andrea M. Barrick, of O'Brien, Baric & Scherer, did serve a copy of the Praecipe to Withdraw Petition for Special Relief, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Elizabeth S. Beckley, Esquire Beckley & Madden Cranberry Court 212 North Third Street P.O. Box 11998 Harrisburg, Pennsylvania 17108 Andrea M. Barrick, Secretary D r.,) '-J :'t"J:t --0"," -J.~ 9 - ".:> c::::, C:::::;, 0, CJ C') -. o -q ;:J m::o ,--- ""{".1fii ::~;t'(r~~ /i!,{~,?' ,...) 5;-;! "N .--- ,"<( > . DOROTHY G. MITCHELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - DIVORCE : IN DIVORCE VERNON L. MITCHELL, Defendant : NO. 04-4610 CIVIL TERM STIPULATION FOR THE ENTRY OF A RETIREMENT BENEFITS ORDER AND NOW, this ~\.J day of ombul- ' 2006, the parties, Dorothy G. Mitchell, Plaintiff, and Vemon L. Mitchell, Defendant, do hereby agree and stipulate as follows: 1. The Defendant, Vemon L. Mitchell (hereinafter referred to as "Member"), is a participant in the Federal Retirement Thrift Savings Plan (hereinafter referred to as "TSP"). 2. SERS, as a creature of statute, is controlled by Statute, 5 D.S.C. ~~8435(c), 8467 and 5 C.F.R. part 1653, subpart A. 3. Member's date of birth is July 6, 1943, and his Social Security number is 223-58- 6950. 4. The Plaintiff, Dorothy G. Mitchell (hereinafter referred to as "Payee"), is the for- mer spouse of Member. Payee's date of birth is October 27, 1943, and her Social Security num- ber is 230-58-5343. , . 5. Member's last known mailing address is: Mr. Vernon L. Mitchell 29580 Windsor Lane Harvest, AL 35749 6. Payee's current mailing address is: Ms. Dorothy G. Mitchell P.O. Box 539 New Cumberland, P A 17070 It is the responsibility of Payee to keep a current mailing address on file with TSP at all times. 7. It is agreed that the Plaintiff/Payee, Dorothy G. Mitchell, shall be awarded a lump sum payment of $30,000.00 from the Thrift Savings Plan of Member as of the date of the attached Order. 8. It is specifically intended and agreed by the parties hereto that this Stipulation: (a) Does not require TSP to provide any type of benefit, or any option, not other- wise provided under the Retirement Code; and (b) Does not require TSP to provide increased benefits (determined on the basis of actuarial value). 9. The parties intend and agree that the terms of this Stipulation shall be approved, adopted and entered as a Retirements Benefits Order. The parties hereby authorize Plaintiffs Counsel to present this Stipulation to the Court, together with a motion requesting both that this Stipulation be entered as an Order of Court, and that the terms hereof be incorporated, but not merged, into the Order. - 2 - . , . 10. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Retirements Benefits Order incorporating this Stipulation, but only for the limited purpose of establishing or maintaining it as a Retirement Benefits Order. The Court shall have no power, however, to alter any of the terms of this Stipulation, including without limitation the manner in which the marital property component of Member's retirement benefit, and the equitable distribution portion payable to Payee, shall be calculated. 11. Upon entry as a Retirement Benefits Order, certified copies of the Retirement Benefits Order and this Stipulation and any attendant documents shall be served upon TSP im- mediately. The Retirement Benefits Order shall take effect immediately upon its approval by TSP, and upon TSP's approval of any attendant documents, and it shall remain in effect until further Order of Court. WHEREFORE, the parties hereto, intending to be legally bound by the terms of this Stipulation, have hereunto placed their hands and seals the day and year first above written. 17/1' rd Mitchell, Plaintiff/Payee iz eth S. BE KLEY & MADDE 212 North Third Street P.O. Box 11998 Harrisburg, P A 17108-1998 (717) 233-7691 Attorney for Vernon L. Mitchell Mic~~6,/};;;:;re O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, P A 17013 (717) 249-6873 Attorney for Dorothy G. Mitchell - 3 - (j .~: ""- -~-f , .j;-- t-...) <.-=:> .;:.; ~:--::> ('...::J""\. C) c; ---i o -'1 =? Fii :J:J r'- =}j 2j " I C) -" . '. ~ ~..!...; " .~j(~: (5"" ?g -< r'0 -.....J :r> -:., Q II DOROTHY G. MITCHELL, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4610 CIVIL TERM VERNON L. MITCHELL, Defendant CIVIL ACTION-LAW 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 the Complaint: Defendant's attorney signed an Acceptance of Service on September 22, 2004. 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff on June 19, 2006; by Defendant on October 26, 2006. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice was filed with the Prothonotary: October 27, 2006. Date Defendant's Waiver of Notice was filed with the Prothonotary: October 27,2006. Respectfully submitted, O'BRIEN, BARIC & SCHERER %/itAh Michael A. Scherer, Esquire t"'" ;='::,) -:..:.~~ (.:J"'\ () -n -f -,- ..::; II . .. iO:= i-ri C~; , ~i? Ci (~.....', , " N -.l <3 --.; ?~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ .. ~ ,;, ~ .. ,;, .. .. ~ .. ~ .. .. .. .. .. .. .. ~ .. .. ~ .. .. .. ~ .. .. ~ .. .. .. ~ .. .. ~ .. .. .. .. .. ~ .. .. .. .. ~ .. .. .. .. .. .. .. .. .. ~ ~ . J ~ ~~++~+~++~~;~~~~~~T.T.+++++++++++++~+++++++++++++++++++++++++++++++++++++++++++? IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY DOROTHY G. MITCHELL, PENNA. STATE OF 2004-4610 PLAINTIFF No. CIVIL VERSUS VERNON L. MITCHELL, DEFENDANT DECREE IN DIVORCE <+ AND NOW, N b\J (, v-7heJ Z 66 b, IT IS ORDERED AND 3, DECREED THAT DOROTHY G. MITCHELL , PLAI NTI FF, AND VERNON L. , DEFENDANT, MITCHELL 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; Th~ pnr~i~R Mnri~n' S~~~'~m~n~ Agr~~mpn~ dn~~d S~ptember 11 is but not merged herein as a final Order of Court. ~~ ~ -" " .~-----~----- PROTHONOTARY 2006 J. ~ fr -1 ~:p>1f ~ 1}O 1 -JI ~f4 ~.i,(ptl~ 1~1J)1 . ,,,.., _..-..---------n----- -- DOROTHY L. GOURDINE f/n/a DOROTHY G. MITCHELL, PlaintiffJPetitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. CIVIL ACTION - DIVORCE VERNON L. MITCHELL, Defendant/Respondent NO. 04-4610 CIVIL TERM IN DIVORCE P ACSES # 329106773 ORDER OF COURT AND NOW to wit, this 1st day of November 2006, it is hereby Ordered that the Alimony Pendente Lite be terminated, effective September 11,2006, pursuant to the parties' property Settlement Agreement. There is a remaining balance of $1933.61 and is to be paid at the rate of $406.00 per month. BY THE COURT: ~~~ Edw~ ui , J. DRO: R.1. Shadday xc: Petitioner Respondent Michael A. Scherer, Esq. Elizabeth S, Beckley, Esq, Service Type: M Form OE-OOI Worker: 21005 C) r--.J 0 = c = 11 (,;;-... ,-1 ..,- I 1'.) ~_ i - (...,;:...~:- _:::, -C:.. Ul ):J r0 -< "- '.