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HomeMy WebLinkAbout07-0742ANTHONY M. JONES IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. p'Y . 1~ ~''''1 SHELLEY JONES :CIVIL ACTION -LAW Defendant. IN DIVORCE & CUSTODY N O T I C E 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 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 Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 ANTHONY M. JONES Plaintiff, vs. SHELLEY JONES , Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE &CUSTODY NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. KOPE $~ ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(c~kopelaw.com ANTHONY M. JONES Plaintiff, vs. SHELLEY JONES Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N O. O'7' -- ~~~, ~~c~ c C, - I CIVIL ACTION -LAW IN DIVORCE & CUSTODY COMPLAINT IN DIVORCE AND CUSTODY AND NOW comes the above-named Plaintiff, ANTHONY M. JONES, by and through his attorney, LESLEY J. BEAM, ESQ., and makes the following Complaint in Divorce and Custody. 1. The Plaintiff is ANTHONY M. JONES, an adult individual who currently resides at 152 15th Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. The Defendant is SHELLEY JONES, an adult individual who currently resides at 6630 Mifflin Avenue, Harrisburg, Dauphin County, Pennsylvania 17111. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 23, 1999 in Dauphin County, Pennsylvania, 5. The Parties separated on January 24, 2007. 6. Neither the Plaintiff nor Defendant is in the military service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling and the right to request that the Court require the parties to participate in counseling. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after (90) ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 12. The marriage of the parties is irretrievably broken. 13. The parties are living separate and apart and at the appropriate time Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two (2) years as Specified in Section 3301 (d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (d) of the Divorce Code. COUNT III REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 (a) OF THE DIVORCE CODE 15. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 16. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502 (a) of the Divorce Code. 17. Plaintiff and Defendant have been unable to agree to the equitable distribution of said property, as of the date of filing of this Complaint. 18. Plaintiff requests that the Court equitably divide, distribute, or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to Section 3502 (a) of the Divorce Code. COUNT IV REQUEST FOR CONFIRMATION OF CUSTODY UNDER SECTIONS 3104(a)(2) AND 3323(b) OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 15. The parties are the parents of the following unemancipated children who reside with Plaintiff at the current time: NAME AGE SEX D.O.B. Myla Jones 8 Female November 19, 1998 Anthony Jones 5'/2 Male July 18, 2001 16. For the preceding five years the children have resided with the following persons and at the following addresses: PERSONS Anthony Jones Anthony Jones Shelley Jones Anthony Jones Shelley Jones ADDRESS 152 15th Street New Cumberland, PA 152 15th Street New Cumberland, PA 511 16th Street New Cumberland, PA DATES January 24, 2007- present 2002 -January 24, 2007 1999 - 2002 Birth - 2002 17. Plaintiff has not participated in any other litigation concerning the custody of the child in this or any other state. 18. Plaintiff knows of no person not a party to these proceedings who has physical custody of the child or who claims to have custody, partial custody or visitation rights with respect to the child. 19. The best interests and permanent welfare of the child will be served by granting the requested relief. WHEREFORE, Plaintiff respectfully requests that pursuant to Sections 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an order awarding Plaintiff shared legal custody and primary physical custody of the children. Respectfully Submitted, KOPF~~ & ASSOCIATES, LLC ~,, Dated: ~ 3 0 .. ~ esley a sq. ~: VERIFICATION I, Anthony M. Jones, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: ~v~ _ ©~' a OCS~ ~ ~"''~~. Anthony M. nes c `^^~ ~ 4 "69. 1 o ~ Q G ~I ~~ ~ ~- ~ f"J ~~? _. _.: ,, _~ r-~ ~ t --~ r ` -,~ ,_ } -- ~' :., ,.t ,. _. ,_;~ E n., lt~ L.>' -~~. G r KOPE ~ ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 IbeamCa~kopelaw.com Attorney for Plaintiff ANTHONY M. JONES IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. O'7 - '7y~ ~~ ~ ~ ~ ~~ SHELLEY JONES :CIVIL ACTION -LAW Defendant. IN CUSTODY CUSTODY COMPLAINT 1. The Plaintiff is Anthony M. Jones residing at 152 15t" Street, New Cumberland, Cumberland County, Pennsylvania. 2. The Defendant is Shelley Jones residing at 6630 Mifflin Avenue, Harrisburg, Dauphin County, Pennsylvania. 3. Plaintiff seeks shared legal custody and primary physical custody of the following children. NAME PRESENT RESIDENCE AGE Myla Jones 152 15t~' Street 8 years New Cumberland, D.O.B. 11/19/1998 Pennsylvania Anthony Jones 152 15t" Street 5 '/z years New Cumberland, D.O.B. 7/18/2001 Pennsylvania 4. Myla and Anthony Jones (hereinafter "children") were born in wedlock. 5. The children are presently residing with the Plaintiff. 6. During the past five years, the children have resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Anthony Jones 152 15th Street, Jan. 24, 2007 -Present New Cumberland, PA Anthony Jones 152 15th Street, 2002 -January 24, 2007 Shelley Jones New Cumberland, PA Anthony Jones 511 16th Street 1999 - 2002 Shelley Jones New Cumberland, PA Birth - 2002 7. The mother of the children is Shelley Jones, currently residing at 6630 Mifflin Avenue, Harrisburg, Dauphin County, Pennsylvania. She is married. 8. The father of the children is Anthony Jones currently residing at 152 15th Street, New Cumberland, Cumberland County, Pennsylvania. He is married. 9. The relationship of Plaintiff to the children is that of Father. The Plaintiff currently resides with the following persons: NAME Myla Jones Anthony Jones RELATIONSHIP Child Child 10. The relationship of Defendant to the children is that of Mother. The Defendant currently resides with the following persons: 1 t NAME Betty Osman Kim DeHart Dennis Byrnes RELATIONSHIP Grandmother Aunt Aunt's Boyfriend 11. Plaintiff has not participated as a party in previous litigation concerning the custody of the children 12. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the children. 13. Plaintiff is requesting shared legal and primary physical custody of the children. 14. The best interest and permanent welfare of the children will be served by the granting relief requested because: (a) The minor children's emotional and physical well-being will be continued if they maintain a loving relationship with both parents; (b) Plaintiff would like to maintain the children in their current residence and their current school system to afford stability to the children's environment; (c) Plaintiff is able to provide a stable and safe home and emotional environment for the children; and (d) Plaintiff has the facilities to provide for the care, comfort and control of the Child, as well as the intention and desire to do so. ,• 15. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award Plaintiff shared legal and primary physical custody of the children. Respectfully Submitted, Dated: ,~,../a/0'~ KOPE & ASS~iATES, LLC By: Ie~,Y. Beam, Esq. VERIFICATION I, Anthony M. Jones, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: ~0~~0~_ aQO7 Anthony M. ones ?"'. ~~i C> ,a ~ -, ~ s ;~ :_ c~ -~~ `~ _~ ,__~ ~' ,-~ =: - ~ .tist ~~ =_i „ ~ :-~. ~... ~ .-U. ~Ee n a zoos ~' ANTHONY M. JONES IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, SHELLEY JONES, CIVIL ACTION -LAW Defendant. IN CUSTODY ORDER AND NOW, this ~~ day of =~ , 200, the attached Stipulation signed by the above-captioned parties is approved and entered as an Order of the Court. BY THE COURT: t' ~~1~~l1~{nJN~c! Z £ ~~I ~'~ € ! 83.E t~OZ d~.~t~~iU~7.C~d ~Hi. ~4 ~~f~-~~3--~~1~ KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(a~kopelaw.com Attorney for Plaintiff ANTHONY M. JONES IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. d'7 -, 'Y~l~.. i~iv~C,~ SHELLEY JONES :CIVIL ACTION -LAW Defendant. IN CUSTODY STIPULATION AND NOW, this,~th day of February, 2007, it is STIPULATED and AGREED by and between the parties, Anthony M. Jones ("Father") and Shelley Jones ("Mother"), intending to be legally bound hereby, that an Order regarding the custody and visitation of their minor children Myla Jones, born November 19, 1998, and Anthony Jones, born July 18, 2001, (hereinafter the "Children") shall be entered as follows: 1. Legal Custody: It is the intention of the parties and the parties agree that they will have shared legal custody of the Children. The parties agree that major decisions concerning the Children, including, but not limited to, the Children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the Children. Each party agrees not to 1 attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning their Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the Children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or any and all other authorities and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S. §5309. 2. Primary Physical Custody: Primary physical custody of the Children shall be with the Father. 3. Partial Physical Custody: Mother shall have partial physical custody of the Children (equaling split or 50/50 custody) in accordance with the following schedule: a. Beginning with Friday, February 9th, 2007, the Mother shall have daytime custody until Sunday, February 11th at dinnertime. Father shall have custody from Sunday, February 11t" at dinnertime until Tuesday, February 13th, at dinnertime. Mother shall have custody from Tuesday at dinnertime until Friday morning, February 16th, when the Children go to school. Father shall have daytime custody Friday until Sunday, February 18tH 2 Mother shall have custody from Sunday, February 18th at dinnertime until Tuesday, February 20th, at dinnertime. Father shall have custody from Tuesday at dinnertime until Friday morning, February 23`d, when the Children go to school. The two week schedule established above will continue accordingly. When the Children do not have school, the morning custody exchange time on Friday shall be 9 am. Similarly, the parties will attempt to agree regarding dinnertime custody exchanges. In the absence of agreement, the dinnertime custody exchange time shall be 7 pm. b. Summer: The parties will each have the right to approximately one (1) week uninterrupted vacation during the summer with the Children. The party intending on exercising such right shall notify the other parent no less than thirty days prior to the onset of said vacation. c. Christmas: The parties agree to split custodial time with the Children each Christmas. In 2007, and all odd-numbered years after such, the Father will have custody from noon on December 24 until noon on December 25. The Mother shall have custody from noon on December 25 until noon on December 26. In 2008, and all even-numbered years after such, the Mother will have custody from noon on December 24 until noon on December 25. The Father shall have custody from noon on December 25 until noon on December 26. d. Holidays: The parties agree to alternate other holidays, specifically New Years Day, Memorial Day, Fourth of July, Labor Day and Thanksgiving. In 3 2007 and all odd-numbered years that follow, Mother shall have custody on Memorial Day and Labor Day; Father shall have custody on New Years' Day, Fourth of July and Thanksgiving. In 2008 and all even- numbered years that follow, Father shall have custody on Memorial Day and Labor Day; Mother shall have custody on New Years' Day, Fourth of July and Thanksgiving. In the absence of agreement to the contrary, holiday custody shall run from 9 am until 9 pm. e. Mother's Day and Father's Day: Mother will have custody of the Children from 9 am until 9 pm on Mother's Day. Father will have custody of the Children from 9 am until 9 pm on Father's Day. f. Additional time: The parties may make agreements for additional times of custody, and/or altered times of custody. These agreements shall not modify the custody schedule. g. Holiday time: Holiday time shall take priority over regular custodial time; once the Holiday time has ended, the parties shall return to their normal custodial schedule. 4. Transportation: The parties shall share responsibility for the transportation for the Child. In the absence of agreement, the party receiving custody shall pick up the children from the other party's home. 5. Parents should provide one another with a phone number and address where the Children may be contacted, whenever reasonably possible. This principle 4 applies to situations such as vacations and overnights with friends. Each parent should be promptly and politely responsive to the other parent's telephone calls. 6. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 7. Telephone Contact: Each parent shall be entitled to reasonable telephone contact with the Children which shall not be excessive as well as daily contact via a-mail with the Children when in the custody of the other parent. 8. No Conflict Zone: Each parent agrees not to attempt to alienate the affections of the Children from the other and will make a special conscious effort not to do so. Both parents shall establish a no-conflict zone for their Children and refrain from and, to the extent possible, shall not permit third parties from making such comments in the presence of the Children whether the Children are sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the Children to provide reports about the other parent. Communication should always take place directly between parents, without using the Children as an intermediary. Each parent should encourage their Children to send the appropriate holiday cards to the other parent. 5 9. Applicable Laws: Any provision in this Agreement regarding Children custody and visitation shall be governed and enforceable as set forth in the applicable Pennsylvania Rules of Civil Procedure, as well as any other remedies available at law or in equity. 10. Modification: The provision of this Paragraph shall be modified according to applicable law. 11. UCCJEA and PKPA: Should it become necessary for the parties to proceed in any court outside the Commonwealth of Pennsylvania or in any county outside the County of Cumberland to enforce any of the provisions of this Agreement, such enforcement shall be, at Father's option, in accordance with the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act of Pennsylvania, 23 Pa.C.S.A. §§ 5400-5482 ("UCCJEA") and the United States Parental Kidnapping Prevention Act, 28 U.S.C.A. § 1738A ("PKPA"). Should it become necessary for the Father to apply to any court for enforcement of the custody obligations provided for in this Agreement, the Mother hereby consents to the entry of any order required by any court or pursuant to the provisions of UCCJA and PKPA, and she will not oppose an application being brought pursuant to these statutes. 6 KOPE & ASSOCIATES 4660 Trindle Road, Suite 201 Camp Hill, PA 17102 Telep one (717) 761-7573 esley m, squire Attorn for Plaintiff Sworn to or affirmed and acknowledged before me by Shelley Jones on ~ ~. 5 , 2006 Anthon~ Jones 152151 Street New Cumberland, PA 17070 w~ Plaintiff Shelley Jones 66 Mifflin Avenue arri burs. PA 17111 7 u~ ~ Ica No~arY PWNc trwga~to~r eoeousK orwr+~ ca~nr L.i tJ 'r y.,~ y::. C t ~~ ti5- Sti.Q~. ~~' ., r $ _ ...wr i KOPE 8~ ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(a)kopelaw.com ANTHONY M. JONES Plaintiff, vs. SHELLEY JONES Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-742 CIVIL ACTION -LAW IN DIVORCE & CUSTODY MARITAL SEPARATION AGREEMENT 1. INTRODUCTORY PROVISION This Agreement is made by and between Anthony M. Jones of Cumberland County, Pennsylvania ("Husband") and Shelley Jones of Cumberland County, Pennsylvania ("Wife"). 2. WHEREAS CLAUSES WHEREAS, the parties hereto are Husband and Wife, having been married on October 23, 1999, in Harrisburg, Dauphin County, Pennsylvania; WHEREAS, certain differences exist between the parties and they have decided to permanently live separate and apart from each other and they intend by this Agreement to fully and finally settle all of their respective rights and obligations as between each other, including, but not necessarily limited to the settling of all interests, rights and/or obligations between them or their estates, whether arising out of their marriage, including, but not limited to: a) the past, present and future support, alimony pendente lite, alimony or maintenance of either party by the other party; and (b) the ownership of all assets of whatever nature, including assets acquired by either party prior to or subsequent to the date of execution of this Agreement; 3. CONSIDERATION NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties hereto, Husband and Wife, intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 4. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 5. DEFINITIONS 5.01. Divorce Code. The phrase "Divorce Code" shall be defined as Pennsylvania C.S.A., Title 23, Section 101 et seq. (effective March 19, 1991). 5.02. Date of Execution of This Agreement. The phrase "date of execution", "execution date" or "date of this Agreement" shall be defined as the date that the last party signs this Agreement. 5.03. Date of Distribution. Except as defined in Paragraph 8.5 of this Agreement, the phrase "date of distribution" of this Agreement shall be defined as the earlier of the date of: (1) death of one of the parties; or (2) the thirty-first day subsequent to the date on which an initial divorce decree is entered without an appeal having been taken, or, if such an appeal has been taken, on the date of receipt of notice of final confirmation of the initial divorce decree by the appellate courts. If the distribution date falls on a date when the court which entered the decree in divorce or to which appeal was taken is closed for official business, then the distribution date shall be the next day on which that court is open for ofFcial business. 5.04. Internal Revenue Code. The phrase "Internal Revenue Code" or "I.R.C." shall be defined as the Internal Revenue Code of 1986, as amended, or any successor statute thereto. References to sections of the Internal Revenue Code shall refer to sections of the Internal Revenue Code as of the date of execution of this Agreement. 5.05. Asset. The word "Asset" shall be defined as anything of value, including, but not limited to, real and/or personal, tangible and/or intangible property and all financial interests however held. 5.06. Effective Date of Agreement. This Agreement shall become effective and binding upon both parties on the execution date of this Agreement. 2 6. DIVORCE DECREE 6.01. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent, no-fault Divorce Decree in the above captioned divorce action. Husband has filed a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, Civil Term, 2007, seeking a divorce decree pursuant to, among other provisions, Section 3301 (c) of the Domestic Relations Code. The parties shall promptly file the affidavits required to obtain a divorce pursuant to Section 3301 (c) of the Domestic Relation Code. As defined in the Domestic Relations Code, the parties' marriage is irretrievably broken and they do not desire marital counseling. The parties shall also take all legal steps (including, but not limited to, the timely and prompt submission of all documents and the execution of appropriate waivers of the right to file exceptions and of the right to file an appeal) necessary to ensure that a divorce pursuant to Section 3301 (c) of the Domestic Relations Code is entered as soon as possible/within three (3) months, but in any event not later than six (6) months from the date of execution of this Agreement. 6.02. Responsibility for Proceeding With Divorce. Husband shall be responsible for the prompt filing of the Praecipe to Transmit the Record and the related required documents. Should Wife want a certified copy of the final divorce decree, Wife shall pay the required fee to secure that document. 6.03. Withdrawal of Other Actions. The parties further shall take all legal steps necessary to ensure that all pending petitions and actions between the parties (including, but not limited to counterclaims or petitions for economic relief), except for the divorce action referred to in Paragraph 6.01 (to the extent necessary to obtain the divorce), are dismissed with prejudice as soon as possible and that no similar actions are instituted, except to the extent necessary to enforce the terms of this Agreement. 6.04. Penalty for Delay. Notwithstanding the foregoing, if, after the execution of this Agreement, either party unreasonably delays or contests the obtaining of a final, unappealed divorce decree, that party shall exonerate and indemnify the other party against and hold the other party harmless from any liability and/or expense, including reasonable counsel fees, incurred as a result of such delay or contest in obtaining the decree. 3 7. EFFECT OF NO DIVORCE Except as otherwise provided for in this Agreement, this Agreement shall remain in full force and effect even if no final decree in divorce is entered. 8. EFFECT OF DIVORCE DECREE, INCORPORATION AND MERGER This Agreement shall continue in full force and effect after a final decree in divorce is entered in any jurisdiction, it shall survive and not merge into any such divorce, and its provisions shall not be affected by the entry of such a decree, surviving any such decree and remaining independent of any such decree. The terms of this Agreement shall be incorporated for enforcement purposes only, but not merged into the divorce decree. The Court entering the decree shall have all of the powers of enforcement, which, at the discretion of the nonbreaching party, shall include, but not necessarily be limited to, all of the following: for breach of contract, under theories of equity, and under the Divorce Code, including under Section 3105 (which includes contempt). The provisions of this Agreement shall not be modifiable for any reason. 9. ADVICE OF COUNSEL Husband has been represented by Lesley J. Beam, Esquire of Kope & Associates, LLC. Wife has chosen not to retain legal counsel and Wife has chosen instead to negotiate directly with Husband and Husband's counsel, notwithstanding the fact that counsel for Husband has advised her that she has an absolute right to be represented by counsel. Wife hereby acknowledges that she has done so willingly. Each party represents that he or she understands that, in the absence of this Agreement and as a matter of law: (1) as a surviving spouse, he or she might be entitled to a greater share in the decedent's estate than is provided for in this Agreement; and (2) as a separated and/or divorced spouse, he or she might be entitled to greater support, maintenance, alimony pendente life, counsel fees, costs, alimony, distribution of property, or other financial benefits arising from the marital relationship than is provided for in this Agreement. Notwithstanding the foregoing, the parties shall be bound by the terms of this Agreement. Each of the parties further acknowledges and agrees that, with such knowledge, and after having read this Agreement carefully and fully, this Agreement is fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith, and that its execution is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. 10. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the 4 financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been disclosure of the parties' marital assets and debts and the parties' respective incomes. The parties agree to waive any further disclosure and proceed with a settlement of all financial assets and/or debts. 11. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 12. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 13. MUTUAL RELEASES Except as otherwise expressly provided in this Agreement, Wife and Husband 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 the following: A. Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, 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 situated, which he or she now has or at any time hereafter may have against such other party, the estate of 5 such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: 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 (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; C. Marital Riuhts: 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. D. Breach Exceution: The foregoing shall not apply to 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 provisions thereof. 14. WAIVER OR MODIFICATION 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. 15. MUTUAL COOPERATION Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, 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. 16. 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. 6 16.5 NO INTENDED THIRD-PARTY BENEFICIARIES This Agreement constitutes a contract binding between the aforementioned parties and those parties only. This Agreement provides rights and obligations only to the aforementioned parties. To the extent that this Agreement may benefit another party other than Husband or Wife either directly or indirectly, said party constitutes merely an incidental beneficiary of the Agreement and will be restricted from pursuing legal action should either Husband or Wife breach or allegedly breach this Agreement in any way. 17. 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. 18. BREACH If for any reason either Husband or ~fe fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. B. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies: Any other remedies provided for in law or in equity. D. Consideration for Reasonable Attorneys Fees: Any award of "reasonable attorney's fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching 7 party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 19. INCOME TAX MATTERS With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree 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 either of them arising out of such joint filing, each will be responsible for payment of half of such tax and any interest, penalty or other expense arising therefrom and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. The parties agree to split equally any tax refund received from the 2006 tax year filing. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. C. Preservation of Records: Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 20. EFFECT OF RECONCILIATION This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. SECTION II EQUITABLE DISTRIBUTION OF PROPERTY 21. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 22. DISTRIBUTION OF PROPERTY AND DEBTS The parties' marital assets and debts shall be divided and distributed as follows: A. Marital Premises: The parties hereto jointly own real estate, specifically a house and lot known and numbered as 152 15th Street, New Cumberland, Cumberland County, Pennsylvania (the "Marital Premises" or "Marital Residence"), encumbered with a mortgage ("the Mortgage). As regards their joint interest therein the parties agree as follows: i. Conveyance: Wife shall convey all of her right title and interest in the Marital Premises to Husband. Husband shall prepare and Wife shall execute and deliver all documents in the usual form conveying, transferring and granting to Husband all of Wife's right, title and interest in and to the Marital Residence. The deed of conveyance therefore shall be executed by Wife within ten days of her receipt of the deed from Husband's Attorney, at which time the deed shall be deliver to Husband's Attorney to record. Wife acknowledges that by way of this Agreement she has no further claim, right, interest or title whatsoever in the Marital Premises, and agrees never to assert any claim to said Premises in the future. ii. Liens Encumbrances and Expenses: The said conveyance shall be subject to all liens and encumbrances covenants and restrictions of record including, but not limited to, the lien of the Mortgage, real estate taxes and any other municipal liens. Husband shall hereinafter be solely responsible for the payment of the Mortgage, real estate taxes, other municipal liens and any and all other expenses associated with the Real Estate, whether incurred in the past, present or future, and shall indemnify, protect and save Wife harmless therefrom. iii. Husband shall indemnify and hold Wife harmless for and against any and all debts, charges and liabilities associated with said Premises. iv. Responsibility for Expenses--Generally. Husband represents that 9 he has paid all outstanding bills for the Marital Premises due prior to the date of execution of this Agreement, including, but not limited to, all real estate taxes, water and sewer rents, gas, electric, oil and telephone service, homeowner's insurance, and maintenance, repairs and improvements. v. Commencing on the date of execution of this Agreement, Husband shall be solely responsible for all present, and future liabilities and/or expenses associated with or attributable to maintaining the Marital Premises, including, but not limited to, all real estate taxes, water and sewer rents, gas, electric, oil and telephone service, homeowner's insurance, and maintenance, repairs and improvements. Husband shall keep Wife exonerated and indemnified against and held harmless from any and all liabilities and/or expenses, including reasonable counsel fees, which arise from the parties' ownership interest in the Marital Premises. vi. Upon execution of this document, Wife acknowledges that the Marital Residence belongs to Husband and Husband alone. Wife will have no further ability to reside in or visit the property without the permission of Husband. B. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: 1. To Wife: a. All personal property (specifically clothing, toiletries and accoutrements) currently in the possession of the Wife; and b. A portion of the furniture, lamps, towels, small appliances, cleaning supplies, cooking utensils, bed linens, and dishes, and other property in the house such that those items of property will be split evenly between Husband and Wife. In the event that an agreement cannot be reached regarding a particular piece of the aforementioned property, such property will belong to the Husband. 2. To Husband: a. All personal property (specifically clothing, toiletries and accoutrements) currently in the possession of the Husband; and 10 b. A portion of the furniture, lamps, towels, small appliances, cleaning supplies, cooking utensils, bed linens, and dishes, and other property in the house such that those items of property will be split evenly between Husband and Wife. In the event that an agreement cannot be reached regarding a particular piece of the aforementioned property, such property will belong to the Husband. 3. Upon execution of this agreement, Wife agrees to remove all remaining personal property and tangible items to which she is entitled under this agreement from the marital residence. Wife has two (2) months to remove the property to which she is entitled under this agreement. Whatever personal property has not been removed at that time shall cease to be the property of the Wife, and will become the property of the husband. C. Vehicle(s)and Vehicle Loanls): The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the vehicles have been sold or traded in prior to the date of this Agreement, and loans associated therewith, shall be divided and distributed as follows: 1. To Wife: a. The van. 2. To Husband: a. Any and all remaining vehicles. 4. The parties will be responsible for securing their own automobile insurance on the vehicles assigned to them under this document as of the date of execution of this agreement. The parties agree that each party will solely and fully responsible for any uncovered expenses, costs and/or liability arising from any and all incidents and/or accidents involving their respective vehicles. D. Title Transfer: The vehicles owned by the parties respectively should be owned in full by whatever party with whom custody of the vehicle will lie in accordance with this Agreement. If any vehicle awarded under Paragraph C above should be titled in the names of both parties, the parties shall take all steps practicable to transfer title of the vehicle into the name of the party with whom custody of the vehicle will lie in accordance with this Agreement. Said title transfer of any vehicle under this section will be made in accordance with the law within ninety (90) days of the signing of this Agreement. All costs of the title transfer will be the responsibility of the person receiving title. 11 E. Monetary Distributions: All funds in joint and separate accounts, including but not limited to savings, checking, and money market accounts, should be divided and distributed as follows: 1. To Wife: Any funds in Wife's separate accounts. 2. To Husband: Any and all remaining funds. F. Investments: The parties' shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: 1. To Wife: Any shares currently in her possession or name. 2. To Husband: Any shares currently in his possession or name. G. Life Insurance: 1. The parties' life insurance policies and the cash value of said policies shall remain in the possession of the party under whose name the policy is held. Neither party is entitled to the value or a portion of the value of the life insurance policy of his/her current spouse. H. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401(K) Plan, Keogh Plan, Stock Plan, Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 1. To Wife: Approximately one/half (1/2) of the monies held in Husband's 401(K) as of January 24, 2007. Said funds will be distributed within one (1 }months of the date of execution of this document. 2. To Husband: Any and all remaining funds. I. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: 1. To Husband: Husband shall be solely liable for and shall timely pay the following debts: a. Any credit cards, loans, debts and liabilities incurred in Husband's individual name. b. The cell phone plan payment for Wife's cell phone for two (2) months from the date of execution of this agreement. Wife shall take care not to exceed her minute allowances under the plan so as to cause additional charges. Should Wife's cell phone bill exceed the standard bill (i.e., the cost of the monthly bill without additional minutes, text 12 messages, Internet usage or the like), Husband will only be responsible for payment of the standard bill. Husband may choose to pay an additional amount should the debt be higher, but failure to do so will not be considered a breach of this agreement. 2. To Wife: Wife shall be solely liable for and shall timely pay the following debts: a. Any credit cards, loans, debts and liabilities incurred in Wife's individual name beyond the amount stated above. 3. From the date of execution of this Agreement, Husband and Wife agree that each will secure credit cards in his or her name only, and will not garner any additional debt in the name of both parties. 23. HEALTH INSURANCE FOR WIFE AND HUSBAND. 23.1. Insurance. Husband represents that he presently is carrying health insurance coverage for the benefit of Wife. Husband agrees that he will continue to carry and pay for health insurance coverage of the Wife for the six (6) months following the date of execution of this Agreement. Wife agrees that she will pay for and secure health insurance coverage for herself beginning six (6) months from the date of execution of this Agreement, and thereafter. No party shall be responsible for the costs of health care coverage of the other party after six months have passed from the date of execution of this Agreement. 24. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. Final Equitable Distribution of Property: The division and distribution of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, 13 without warranty or representation by or from the other party. C. Personalty Transfer: if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than fifteen (15) days from the date of this Agreement. D. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. E. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefore. F. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. G. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. H. Cancellation of Joint Debts: Any joint debt shall be cancelled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. I. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. J. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. 14 K. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party or the other party's estate might be responsible. SECTION III CLOSING PROVISIONS AND EXECUTION 25. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 26. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 27. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. (SEAL) Anthony .Jon s . 1 ~-S-z~o7. Shelley .~.dnes ~~ Date: ~ -„~'- 2 6~-7' 15 WI SS: ~" COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, the ~~` day of ~;v'UG , 2007, before me, a Notary Public, the undersigned officer, personally a ear~on M. Jones, known to me or satisfactorii pp Y ( Y proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. ,~ f Notary Public: ~ ~ ~ ~,~ 1 ` ~ ~ " ~-, ~G2~~ COMMONWEALTH OF PENNSYLVANIA ) N tA~' W. ~ tEMIN M SENSGN SS: ~ COUNTY OF CUMBERLAND ) t ~~~' t 4 t On this, the `J~ day of , 2007, before me, a Notary Public, the undersigned officer, personally appear~ey Jones, known to me (or satisfactorily rover to p } be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. /~ Notary Public/~ ~, /7"~ ' ~ ~~ IEANN M 8EN9CF1 Notary PubNc ~AIDplETO1MW lOROIIGM dAUPINN COUNTif 1 16 ~ .F ~;r .. 'ch 7 ran ~ . .. ~ ;` •r. Vt' ! } IZ. r ~ C~ ~>~~~ ~+y C y ". W t..~ c~') rrC`:J ~ j !.. ~~~ C .. KOPE 8~ ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(a~kopelaw.com ANTHONY M. JONES Plaintiff, vs. SHELLEY JONES Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-742 CIVIL ACTION -LAW IN DIVORCE & CUSTODY AFFIDAVIT AND RETURN OF SERVICE AND NOW comes Kope & Associates, LLC by LESLEY J. BEAM, attorney for Anthony M. Jones, Plaintiff, and states that service of the Divorce Complaint in this matter was made by him upon Defendant, Shelley Jones, by signing of an Acceptance of Service. The Acceptance of Service signed by Defendant, Shelley Jones was not dated but the undersigned certifies that the Acceptance of Service was received on February 17, 2007. Therefore, for purposes of service of the Divorce Complaint the date of service shall be February 17, 2007. The Acceptance of Service bearing the signature of the Defendant is attached hereto and made part of the record. JBEAM, Esq. F r Plaintiff J KOPE 8~ ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 IbeamCa~kopelaw.com ARTHONY M. JONES Plaintiff, vs. SHELLEY JONES Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CuiV18ERLAND COt1NTY, PEI'dNSYLV,~~NIA NO. 07-742 CIVIL ACTION -LAW IN DIVORCE & CUSTODY ACCEPTANCE OF SERVICE I, Shelley Jones, Defendant in the above-captioned matter, hereby accept service of the Complaint in Divorce and Custody. Date: ~ ~~ ~' C~3 ~= ° -r7 :~. `~''~t ~ tz7~ ~~ -~ ! i'i ' ~ N ~ _ -~ ~ _' "'t) _~ --r~ . l ~_ ;~~_ y'.. ... F. r'~ t~ fY ` N ...i <~~ V ! N w. ~.` KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY l.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 IbeamC~kopelaw,com Attorney for Plaintiff ANTHONY M. JONES IN THE COURT OF COM11~10N PLEAS plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.07-742 SHELLEY JONES :CIVIL ACTION -LAW Defendant. IN DIVORCE & CUSTODY AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on February 7, 2007. 2. The Complaint was served by Certified Mail signed by Shelley Jones on February 12, 2007, and an Acceptance of Service was signed and returned by Shelley Jones on February 17, 2007. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 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. Section 4904 relating to unsworn falsification to authorities. Date: `~ d q o~Otl `l Anthony . Jone :~ t~P ~ µ~ ~._ --a _, _ ~~ _.,_ - ryv -.f, ~ ; r ~ W _;_1 ~v} t..+'i KOPE ~ ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY l.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 IbeamCa~kopelaw.com ANTHONY M. JONES 1'iainiiff, vs. SHELLEY JONES Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.07-742 CIVIL ACTION -LAW IN DIVORCE & CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. l 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: ~ °l a ~' !~ Anthony Jones ~~=r~'" ~ ~., 4`~ ~ -- cr•ct : FS , .a -~ t^ h ! J . ~...~/ ~ ___ ~... T -~... ~- T :.:.:. `l1 .... ~ S -v .'t, t ~4 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 IbeamCa~kopelaw.com Attorney for Plaintiff /~-t~'i HGN1~' Ivl. JOI~V~S i v TrE LvURT CF COMF:101'•I PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.07-742 SHELLEY JONES :CIVIL ACTION -LAW Defendant. IN DIVORCE & CUSTODY AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on February 7, 2007. 2. The Complaint was served by Certified Mail signed by Shelley Jones on February 12, 2007, and an Acceptance of Service was signed and returned by Shelley Jones on February 17, 2007. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 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. Section 4904 relating to unsworn falsification to authorities. ~ ' Date: S ~ S 0 Shelley Jo es C? v ~c ~ ~' --, ~, t~' L.a ~ ~ :~", ~ ~t ..-.. KOPE ~ ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 IbeamCa~kopelaw.com Ai~i i 'rIONY i1ri. JONES Plaintiff, vs. SHELLEY JONES Defendant. Attorney for Plaintiff !N Tl-IE COURT OF COII~MOt~1 PLEAS. CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-742 CIVIL ACTION -LAW IN DIVORCE & CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be serif #u nee immediatelyaf~er it is filed idl~ith 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. Section 4904 relating to unsworn falsification to authorities. Date: 5 1 d ~7 ,~ `Shelley Jo es a~ ~~ i~'d r~..a ~..~ , ~ _.._.S ~ _ ..r+ t-~ ' -~ t_ '~'~ r: Z .~ .~ R~e3 ~..Ra V'~ ~ e,.. ~ ~ 1 - - ~ ~ -_ •'~ #.. _Y>` ~~ 1 R,~ , • tN THE COURT OF COMMON PLEAS ANTHONY M. JONES CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL DIVISION SHELLEY JONES NQ_ 0 7- 7 4 2 CIVIL TERM To the Prothonotary: PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under§3301 (c) ~ai~~}~d~kt~o (Strike out inapplicable section). 2. Date and manner of service of the complaint: Acceptance of Service recP;vPdon February 17, 2007 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §33Qi (c) of the Divorce Code: by plaintiff 5/ 1 9 0 7 by defendant 5/ 18 / 0 7 (b) (1) Date of execution of the aff. idavit required by §3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the rQspondent: 4. Related claims pending;iyone ~endi n, a+ ~., was marita~,~,~~ar ion agreement executed on 2/5/07 that is incorporated for enforcement purposes only but not merged. 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: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed ,with the Prothonotary; s l 2 3/ 0 7 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 5/ 2 3/ 0 7 ~~ -~ Plaintiff /Defendant ~~ r .~ . i~ ~_.- ~ ~ »-a, ,.,,~ ~..J ..,~•.. x _ _y, y. ~ ..~ . I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. =4" ' ANTHONY M. JONES No. 0~-742 VERSUS SHELLEY JONES DECREE IN DIVORCE AND NOW, ~I'1 SY' , ,~~, IT IS ORDERED ,4ND DECREED THAT ANTHONY M. JONES PLAINTIFF, ANp SHELLEY JONES DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE