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HomeMy WebLinkAbout06-5734 o Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vicki L. Orndorff, v. John B. Orndorff, Jr., Defendant CIVIL ACTION - LAW NO. 06 -$'73" CIVIL TERM IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. When the ground for the divorce is indignities or irretrievable breakdown ofthe 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, High and Hanover Streets, Carlisle. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. . Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vicki L. Orndorff, v. John B. Orndorff, Jr., Defendant CIVIL ACTION - LAW NO. 06 - 313y CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 330l(c) OF THE DIVORCE CODE 1. Plaintiff is Vicki L. Orndorff, an adult individual, who resides at 360 H. Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is John B. Orndorff, an adult individual, who resides at 460 Russell Tavern Road, Gettysburg, Adams County, Pennsylvania. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on September 22, 1973 in Gettysburg, Adams County, Pennsylvania. 5. There were two children born of this marriage, said children now being adults. 6. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 7. Plaintiff and Defendant have been living separately since August 27, 2005, and negotiated and executed a Property And Separation Agreement on the 30th of March, 2006 marked as exhibit "A" and incorporated by reference herein. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available, and does not wish to engage in said counseling. 10. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Respectfully submitted, Date: 1- J.'1-0(, Fre erick Lester, Esquire 35 East High Street suite 204 Carlisle, P A 17013 (717) 243-7760 Supreme Court LD. # 87176 Attorney for Plaintiff f~~~'~ ,\ All PROPERTY AND SEPARATION AGREEMENT BETWEEN VICKI L. ORNDORFF AND JOHN B. ORNDORFF, JR. BARLEY SNYDER 247 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 AGREEMENT made this 8' ~ day of _/tUd- , 2006, by and between VICKI L. ORNDORFF of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Wife", and JOHN B. ORNDORFF, JR. of Gettysburg, Adams County, Pennsylvania, hereinafter referred to as "Husband". WITNE S SETH: WHEREAS, the parties hereto are Husband and Wife, having been married on September 22, 1973 in Gettysburg, Adams County, Pennsylvania. There were two children born of this marriage, said children now being adults; WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other including: settling of matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and Husband by Wife; WHEREAS, the parties hereto wish fmally and for all time to settle and determine their respective property and other rights growing out of their marital relation; wish to live separate and apart; and, wish to enter into this property and separation Agreement; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; WHEREAS, Wife acknowledges that she is thoroughly conversant with and accurately knows the size, degree, and extent of the estate and income of Husband, and Husband acknowledges 1587963 2 that he is thoroughly conversant with and knows accurately the size, degree and extent of the estate and income of Wife; NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL: This Agreement has been prepared by Martha B. Walker, Esquire, the attorney for Wife. Said attorney at the commencement of, and at all stages during the negotiation of this Agreement, informed Husband that she has acted solely as counsel for Wife and has not advised or represented Husband in any manner whatsoever. Husband, at the commencement of, and all stages during the negotiation of this Agreement, has been informed by Martha B. Walker, Esquire, that he has a right to be represented by his own counsel and has encouraged him to seek the advice of counsel. Husband and Wife have read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it freely and voluntarily. 2. WARRANTY OF DISCLOSURE: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties' attorneys and this Agreement between the parties is based upon this disclosure. 1587963 3 3. PERSONAL RIGHTS AND SEPARATION: Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 4. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301 (c) or (d) of the Divorce Code of 1990. 5. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this 1587963 4 Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all times. 6. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be 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 execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 8. BANK ACCOUNTS: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. 1587963 5 9. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: a. The 1993 Nissan Sentra and the 2002 Ford Explorer shall become the sole and exclusive property of Wife free and clear of all liens and encumbrances. b. The 1997 Ford F-150 Pickup shall become the sole and exclusive property of Husband free and clear of all liens and encumbrances. 10. AFTER-ACOUIRED PERSONAL PROPERTYIREAL ESTATE: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, and any real estate hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 11. REAL ESTATE: The parties hereto acknowledge and agree that they are owners by the entireties of a certain improved tract of real estate situated in Butler Township, Adams County, Pennsylvania, known as 460 Russell Tavern Road, Gettysburg, Pennsylvania, and more specifically described in Adams County Deed Book Volume 413, Page 898. For and in consideration of the mutual covenants and agreements herein contained in the body of this instrument, Husband and Wife further stipulate and agree that Wife shall convey all of her right, title and interest in and to the aforesaid real estate to Husband. With regard to Wife's interest in the real estate, Husband shall pay to Wife the sum of $91,694.58, which amount includes payment to Wife for her interest in the house and Husband's 1587963 6 retirement and Sprint stock. Husband shall make said payment to Wife in the form of cash within thirty (30) days of the date of this Agreement. 12. RECIPROCAL WAIVERS OF PENSION INTERESTS: a The parties recognize that Wife has a pension plan as a result of her employment with Sprint. For the mutual promises and covenants contained in this Agreement, Wife hereby waives all right, title, claim or interest she may have by equitable distribution or otherwise in this pension plan. b. The parties recognize that Husband has a pension plan as a result of his employment with Lowe's. For the mutual promises and covenants contained in this Agreement, Husband hereby waives all right, title, claim or interest he may have by equitable distribution or otherwise in this pension plan. 13. DEBTS: Except as otherwise herein expressly provided, the parties shall and do hereby mutually remise, release and forever discharge each other from any and all actions, suits, debts, claims, demands and obligations whatsoever, both in law and in equity, which either of them ever had, now has, or may hereafter have against the other upon or by reason of any matter, cause or thing up to the date of the execution of this Agreement. 14. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may 1587963 7 have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 15. WARRANTY AS TO FUTURE OBLIGATIONS: Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save hannless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 16. WAIVER OF SUPPORT: a. Husband hereby waives all right to claim against Wife support, alimony, alimony pendente lite, counsel fees and expenses. b. Wife hereby waives all right to claim against Husband support, alimony, alimony pendente lite, counsel fees and expenses. 17. MUTUAL RELEASES: Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever 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, curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or 1587963 8 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 of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only 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. 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 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. 18. BANKRUPTCY: The respective duties, covenants and obligations of each party under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a party of accrued obligations to the other, this Agreement shall continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. 19. INCOME TAX PRIOR RETURNS: The parties have heretofore filedjoint Federal, state and local income tax returns. Husband agrees that in the event any deficiency in Federal, state or local income tax is proposed, or any assessment of any such tax is made against Wife by reason of her having joined in the filing of said 1587963 9 joint returns, Husband will indemnify and hold Wife harmless from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty, and expense incurred in connection therewith, and such tax, interest, penalty or expense shall be paid solely and entirely by Husband, unless said tax, interest, penalty or expense is finally determined to be attributable to misrepresentation or failure to disclose the nature and extent of Wife's separate income on the aforesaid joint returns. 20. DIVORCE: Wife intends to at some point in the future commence an action for divorce from Husband pursuant to Section 3301(c) or (d) of the Pennsylvania Divorce Code (irretrievable breakdown). It is further agreed and understood that any decree of divorce issuing in this matter shall reflect the fact that Wife will bear the cost of same in her individual capacity. a. Each of the parties agree that this Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under Section 3501 (Equitable Distribution) of the Pennsylvania Code, Act No. 1990-206. b. This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 21. LEGAL FEES: In the review and preparation of this Agreement each party shall bear his/her own legal fees. 1587963 10 22. REMEDY FOR BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment for legal fees and costs incurred by the other in enforcing their rights hereunder, or to seek such other remedies or relief as may be available to him or her. 23. EOUlT ABLE DISTRIBUTION: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of December 19, 1990 (p.L. No. 1240, No. 206) known as "The Divorce Code," 23 P.S. 3501 et seq. of the Commonwealth of Pennsylvania, and as amended. 24. SUMMARY OF EFFECT OF AGREEMENT: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 25. TAX CONSEOUENCES: By this agreement, the parties have intended to effectuate and by this agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing 1587963 11 marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds of other property not constituting a part of the marital estate. 26. MUTUAL COOPERATIONIDUTY TO EFFECTUATE AGREEMENT: 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 further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 27. RECONCILIATION: The parties shall only effect a legal reconciliation which supersedes this agreement by their signed agreement containing a specific statement that they have reconciled and that this agreement shall be null and void; otherwise, this agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal effect of this agreement or cause any new marital rights or obligations to accrue. 28. SEVERABILITY: The parties agree that the separate obligations contained in this Agreement shall be deemed to be interdependent. If any term, clause, or provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, then the parties agree that the Agreement may be reviewed and renegotiated in order to fulfill as closely as possible the purpose of the invalid provision. Notwithstanding any release contained herein, the parties intend that they may reinstate any and all economic claims to the extent available under the Divorce Code of 1990. Further, any 1587963 12 court of competent jurisdiction may, under the equitable provisions and purposes of the Divorce Code, reinstate any economic claim which was available at the time of the parties' separation or avoid any waiver herein contained to renegotiate or effectuate as nearly as possible the purpose of the unenforceable provision. 29. NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereofbe construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 30. INTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 31. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 1587963 13 32. NOTICES: Any and all notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: a. To the Husband at 460 Russell Tavern Road, Gettysburg P A 17325. b. To the Wife at P.O. Box 242, Carlisle PA 17013. 33. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 34. CAPTIONS: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 35. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 36. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 37. SUBSEOUENTL YDISCOVERED PROPERTY PENALTY FOR NONDISCLOSURE: Should either of the parties subsequently discover the existence of any marital property not distributed by this Agreement, said property shall be divided in the same proportion as this 1587963 14 Agreement's equitable distribution of marital property. However, if the existence of said property was knowingly concealed or its value misrepresented by one of the parties, said property shall be transferred in its entirety to the non-concealing party and the concealing party shall pay all costs, fees, and attorney's fees occasioned by the failure to disclose its existence or true value. IN WITNESS WHEREOF, the parties have set their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. Witness: r-g:~ -r~'X~ Vicki L. Orndorff (Seal) MII~ fIt1:B~'. (Seal) COMMONWEALTH OF PENNSYLVANIA ) ) SS. ) COUNTY OF FRANKLIN On this, the ~ day of lYlwu...h , 2006, before me, a notary public, the undersigned officer, personally appeared Vreki L. Orndorff, 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 hereunto set my hand and notarial seal. EAL TH OF PENNSYlVANl Notarial Seal Stacey A. Shank, Nolaty, Pu!;lIlc Chambersburg Bora, Franl<!ill, ~!lty My Commission Expires Jan. 12,'.., 1587963 15 . COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF FRANKLIN ) On this, the 60'" day of -1)J OJlLL , 2006, before me, a notary public, the undersigned officer, personally appeared John B. Orndorff, Jr., 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 hereunto set my hand and notarial seal. ,jluuN~Jliad- COMMONWEALTH OF PENNSYLVANIA Notarial Seal Stacey A Shank, Notary Public Olambersburg Bora, Franklin County My Commission :;:,'\pires Jan. 12, 2008 Member. PennsylvarllCi Association Of Notaries 1587963 16 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Vicki L. Orndorff, v. Defendant CIVIL ACTION - LAW NO. 06 - CIVIL TERM IN DIVORCE John B. Orndorff, VERIFICATION I verify that the statements made in this Complaint 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 authorities. Date: Cf - ).., - OG, --1/~'~~ Vicki L. Orndorff, Plam Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Vicki L. Orndorff, v. Defendant CIVIL ACTION - LAW NO. 06 - CIVIL TERM IN DIVORCE John B. Orndorff, CERTIFICATE OF SERVICE I, Frederick Lester, Esquire, attorney for Plaintiff do hereby certify that I this day sent a copy of the within Divorce Complaint upon the following by Certified Mail (USPS) out of Carlisle, Pennsylvania, addressed as follows: John B. Orndorff 460 Russell Tavern Road Gettysburg, P A 17325 Dated: CJ - )., - Of. ""'""'- Fre erick Lester, Esquire 35 East High Street suite 204 Carlisle, P A 17013 (717) 243-7760 Supreme Court ill # 87176 Attorney for Plaintiff t.< ~~ {} ~ __ crv . -<<. '_.~ \..:. -0 ""t'f \" ' ~ ?~~ ~\.f\ D -- " \ ~-V ~ (b "F> r--,:) t'J ~?i o '-1'1 ';-; .-\ "L -r1 I"f; r......") \,,1 '.0 ' \ \~:;} ':L '\ N (.".. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vicki L. Orndorff, v. John B. Orndorff, Jr., Defendant CIVIL ACTION - LAW NO. 06 - 05734 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed September 29, 2006. 2. The marriage ofPlaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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. ~ 4904, relating to unsworn falsification to authorities. Date: ;1 (t-11..5; ~ 7 'Y4 ';< ~ Vicki L. Orndorff, PI n Iff k--~ NOTARIAL SEAL' JACQUEUNE K. DUKES, Notary Public j,: Straban !o~nship, Adams County ,: My CommISSion Expires Oct. 25, 2007' (") s; __,~7:::, t",.., I.~': '''fir' , ';?;; ~~.- ~~'~1 u~_ l~, z ~ ~ = --' <- ::P" ;;;Z N CJ1 ~ -t:r: :n rn Fi1 :9,8 .~~ u .,-1 JD :.< -0 :> '2 o o Vicki L. Orndorff, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. John B. Orndorff, Jr., Defendant CIVIL ACTION - LAW NO. 06 - 05734 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 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 concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: f'V17 . s: ,;?tf1t1 '7 -;/~- ~~ Vicki L. Orndorff, Plainti rrL~ ~ NOTARIAL SEAL "I': JACQUEUNE K. DUKES, Notary P,U bile' Straban !o~nshiP. Adams County I , My CommlSSlOt1 ExpiI9S Oct. 25, 2007 I, ~~ a c -? "" -063 1i:f'\ . '--?~l -' '~i\~ ~lC~ -""-I...-: y~,~ Z ::z ~ ::3 <-- ~ N c.n S? --' ::C-n roe -olD :99 <.,j,(] 95:., () --c'., z-/ nff"l ~ ~ -0 ~ ':? o o Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vicki L. Orndorff, v. CIVIL ACTION - LAW NO. 06 - 05734 CIVIL TERM IN DIVORCE John B. Orndorff, Jr., Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed September 29,2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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. ~ 4904, relating to unsworn falsification to authorities. Date: 1/5/~ 7 - r-,l1.?- NOTARIAL SEAL JACOUEUNE K. DUKES, Notary Public Straban Township, Adams County My Commission Expires Oct. 25, 2007 ~SX'. ~?;~ ()) ~: ~ \'~, ~.... ..r'~- -~?2:, ; (~~~ "7 r;:-;- 2 (1 ~ ~ ~ ;;....A <-- -,:;::. :;;:.- t; ~ ~::Q f1"\ ~\ -:t() q (-:\9, ~;r1~~ ':,;r ~(\ 5 ,4 'J'O ~ .." ~ <-P. o o Vicki L. Orndorff, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. John B. Orndorff, Jr., Defendant CIVIL ACTION - LAW NO. 06 - 05734 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 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 concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: I/K/O? /~ ~ Orndorff, Jr., Defendant ~ n~l:-~ j NOTARIAL SEAL ! J~t~~U~E K. D~KES, Notary Public '; My Co n IssO~hIPI Adams County mm IOn Expires Oct. 25, 2007 (') r,; 4:0." -oi:J: r;'~~ r f -_T' ,~ (1) :..(~ ",- k ~..,. ~ c:::> S <- :PC ':;t:::: N c...... ~,~\~ "'~L. '"5~" r.;.;;. ::-'1 ,..(. -0 :> ~ ...-\ ~~ :g'q :':),(:) ~~'i :i'; 7~\-n ::.l eo ::.:::: <-P. o o Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vicki L. Orndorff, v. John B. Orndorff, Jr., Defendant CIVIL ACTION - LAW NO. 06 - 05734 CIVIL TERM IN DIVORCE AFFIDAVIT OF RECEIPT OF DIVORCE COMPLAINT IN ABOVE REFERENCED MATTER 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed September 29, 2006. 2. Defendant received the 'Complaint on October 2, 2006. 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 falsification to authorities. Date: J/~/07 I ./; ~ ,~'--~.::.._~ I I"--) ~ ~ -rt 1"""1 OJ t o .." ~ :I:" ITI-..:: f'~, -n W-' ..-:) "j .,~-) rJ...j o ..- .... ~..~~ :L: ~~~~ ~ ~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Vicki L. Orndorff, v. John B. Orndorff, Jr., Defendant CIVIL ACTION - LAW NO. 06 - 05734 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree. 1. Grounds for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: September 29,2006, sent by Certified Mail, received on October 2, 2006 (Affidavit of Receipt of Complaint attached hereto as proof of service and receipt). 3. Date of execution of the Affidavit of Consent required by section 3301 (c) or The Divorce Code: by Plaintiff, January 5, 2007; by defendant, January 5,2007. 4. Related claims pending: None 5. Date Plaintiffs Waiver of Notice in section 3301 (c) Divorce was filed with the Prothonotary: January _, 2007. Date Defendant's Waiver of Notice in section 3301 (c) Divorce was filed with the Prothonotary: January _, 2007. Date: J.-Wt '1- It Fredenck Lester, Esq. 35 East High S1. ste. 204 Carlisle, P A 17013 717.243.7760 f'-o,) ~ c;;:;) ......j ..,., r'1 co , ~ ~1:n fie: -,."n.,.,m6 -YJ ,:.-) \ -'",1-1"< -:-C-r1 (2(~ :cc:..rn C) ~ ~ ~ - ..- . . o (..1'1 :Ii IN THE COURT OF COMMON PLEAS :Ii OFCUMBERLANDCOUNTY :Ii PENNA. :Ii STATE OF :Ii ;to :Ii :Ii _V) d<-.' L. (J rt1 J,1r ff 1>10. ,1) tiff No. 0'- O"5"7-~1- ;f. ;to ;to VERSUS J,hll 8. /Jr~d()r.ff I J~ D~ Klld IA/I J- Of. Of. Of. ;to :Ii Of. ;to ;to DECREE IN DIVORCE ;Ii ;to ;to ;Ii ;Ii ;Ii ;to ;Ii ;to -:f~~ 9~, UJo7 VI "JL.." L. . ()r;'l d IY' H- , PLAI NTI FF, ;Ii AND NOW, , IT IS ORDERED AND ;to ;Ii DECREED THAT .Johll B. o/"ndd'l-f, Jr. AND , DEFEN DANT, 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; ;f. ;to ;to ;to M~"h.J S'ItI~~4.rL.t/l4/1j ;-1 Jr,U'tlf1~~ b~1- (70+ nt4r1e4 (/1-h +k.. 41VilYCt 4tl(Yfl./l. ""' . \ J. ;Ii ;Ii PROTHONOTARY ;to ;to ;to ;to;tO ;to ;Ii Of. Of. Of. ;Ii Of. ;to . #l" $ ~ ~u, C.1l a 'l:' ~~ ft~~~ Lfl'a'~ .. - '...,,; " ~ "