HomeMy WebLinkAbout97-05708
.
-7
~
~
.
E
~
- ..
'-
0
00
0
E;)
I
t-
O'
~~*~~~--~~~*.~.~~.~**~..~~*.~~~~**~~'~
~ '- .._,-~-~-..-~- ...,-.----.-~...-.--.. . . ~ ~ ... .~.. ."._....v. .._-~..~. ._-- 8
8
8
8
8
8
8
8
8
8
8
8
8
8
.
8
f'
8
.
.
8
8
w
~.
S
IV
J. I"
s
l~
l,~
~
.. ... ... .. .... ,~
-:.:- .:.:. .:.:. .:.:. .:+:. .:.;. .:.:- .:+:. .:.;. -:.t.
~
8(
81
8
IN THE COURT OF COMMON
PLEAS
OF CUMBERLAND COUNTY
STATE OF _ PENNA.
~
~
~
~
~
..
"
HUGlI R..JONES
i\: () ,,_9.J:::~IQ!LCIVU,...........
..
..,
~
*
VCJ':H1S
"
~
SHARON.L. JONES
,"
:,
"
~
~
DECREE IN
DIVORCE
~
...
*l
~
t,
8
~
~
8
.
~
~
"
c:>
AND NOW, ' .. . . .:rl)J],c.. ,2.~ . . , . , . . , . " 19,9.'(.., it is ordered and
decreed that, .1IUGlI.R..JONES..,..".........,.,.,...,...,....., plaintiff,
and. .. . . .. ..s,IWl.o.~ ,~...J,~~. , .. .. . . .. . . .. .. . . . . ., .. . . . . . . . . . " 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;
8
. .Mat(iroQntal.S~ttlem~nt ,Ag(~em~nt .~tw~~n ,tn~ .pa(tt~a .dat~d ,May. .1Z. .l~~~. ,is
,.~~~~~y'.~~~q~p'q~~t~q.~y',~~(~~~~~~.~d .~~g~q .~~~q.~~~~,~~~~~ .~~.~~~q~~~~.
Custody Agreement dated May 12, 1999, is hereby incorporated by reference into
this Decree In Divorce.
8
8
~
~
~
.'
8
~
~
~ --
.rM- 1ICo
Dy The Court:;'? .;,1t
. f!J~ j{.- () k:., r,
Alle.t:o.'('~" R~...e~,,~ '(7
~rh"<. r ~~. f..pZ
V / ~othonolary
". .:.:. .:,r.. .:+:. .:to;. -:+:- -:.;. .:.:. -:.:. .:+:. .:.:- -:.:.
~
.
*
,'.
~
,;,
"
,;,
"
,;,
"
,;,
"
8
S
."
~
~5.f'f tJ,,~ ~ ,I'It,':"a", ~ 4. ~~
6..;6.W LII _.,/ _ /2 -/ /'............ ...-'-b n L
r.~~ A{'a-~ "'y-----' ~(.~. ~-....
..... ~....,...-t!~ /.C'.
rj) 5'70&
TInS AGREEMENT, made this l;ll.... day of M J1 'f , 1999, by and
between Hugh R. Jones, of 6197 Hay Market Way, Mechanicsburg, Cumberland County,
Pennsylvania 17055 ("Husband") and Sharon L. Jones, of 119 Lighthouse Drive, Mechanicsburg,
Cumberland County, Pennsylvania 17055 ("Wife").
RECITALS
A. The parties hereto, being Husband and Wife, were lawfully married on October
5, 1974, in Cumberland Counly, Pennsylvania.
B. Differences have arisen between Husband and Wife in consequence of which they
have begun to live separate and apart from each other.
C. Husband and Wife acknowledge that they both have consulted their attorneys and
have been advised by their attorneys of all of their rights and duties or have had the opportunity to
consult independent legal counsel and have wilfully, knowingly and voluntarily waived the right to
consult an attorney.
WITNESSETH
NOW, THEREFORE, in consideration of the mutual promises. covenants and
undertakings herein contained, the parties, each INTENDING TO BE LEGALLY BOUND, agree
as follows:
I. Recitals. The Recitals set forth above are incorporated herein by reference.
2. Divorce, It is specifically understood and agreed by and between the parties, and
each party does hereby warrant and represenl to the other that, as defined in the Pennsylvania Divorce
Code, their marriage is irretrievably broken. Husband filed an action in the Court of Commor. Pleas
of Cumberland County, Pennsylvania, to No. 97-5708-Civil on October 16, 1997, The parties agree
to take all legal steps (including the timely and prompt submission of all documents and the taking
of all actions) necessary to assure that a divorce pursuant to 23 Pa. C.S,A. 9 330 I (c) of the Divorce
Code is entered as soon as possible. This Agreement and any ancillary or supplemental agreements
shalllJe incorporated by reference and merged into the proposed Divorce Decree presented to the
Court.
Husband and Wire shall at all limes hereafter have the right to live separate and apart
from each other and to reside from time to time at such phlce or places as they shall respectively deem
fit, free from any control. restraint or inlerference whatsoever by the other. Neither party shall molest
the other in any way whatsoever nor endeavor to compel the olher to cohabit or dwell with him or
her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission
on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their
living apart.
2. MWtal Prooertv. The parties represent, with respect to the martial property, as
follows:
(a) Personal Propertv Division. Husband and Wife acknowledge that they have
divided all personal property acquired during the marriage to their mutual satisfaction. Husband
hereby relinquishes all right, title and interest in Wife's personal property currently in her possession
and Wife hereby relinquishes all right, title and interest in Husband's personal property currently in
his possession, except as provided herein to the contrary,
(b) Real Propertv Division, Husband and Wife represent and acknowledge that there
is no real property owned by either which would be subject to division in connection with the Divorce
and this Agreement.
(c) Retirement. Pension. 401-K Plan, Husband hereby relinquishes all right, title and
interest in Wife's rClirp.ment, pension andlor401-K Plan with the state employee's retirement system
and Husband acknowledges that he has no retirement, pension and/or 40 I-K plan,
(d) Automobiles. Upon execution hereof, the parties agree that the 1991 Audi
Qualtro titled to Wife and currently in Wife's possession shall become the sole free and clear property
of Wife, and that Wife shall insure and assume any and all liability therefor. Husband waives any
right, title or interest he may have in and to said automobile and shall promptly, at any time necessary,
execute any title or transfer documents necessary to fulfill this provision. There are no other
automobiles which are marital assets,
3, Debts and ObI illations,
(a) Individual debts/oblilzations. Each of the parties shall assume all debts and
obligations presently in their individual names and shall indemnitY, defend and hold the other harmless
from said debts and obligations, whether incurred prior to, during. or subsequent to the marriage.
This shall include all personal, individual credit cards and personal individual loans by either party.
This shall also specifically include sums due and owing from Husband as restitution and fines as
determined by the courts in a certain criminal matter, as well as sums due for Husband's criminal
defense, for which Husband shall be solely responsible and agrees to indemnitY, defend and hold Wife
2
harmless. Each party hereby agrees to pay and hereby agrees to hold the other harmless from any and
all personal debts and obligations incurred by him or her on or after the dale of this Agreement. If
any claim, action or proceeding is hereafter brought seeking to hold the other party liable on account
of any such debts and obligations, such party will at his or her sole expense defend the other party
against any such claim, action or proceeding, whether or not well-founded, and indemnitY the other
party against any loss resulting therefrom.
(b) Joint debtslollli\!ations Husband and Wife agree that the sums owed bankruptcy
counsel is and shall continue as ajoint debt of the parties and they shall each be equally responsible
therefor. Husband and Wife represent that there are no other joint debts or other debts incurred by
either ofthcm currently outstanding with respect to which the other party may incur any liability now
or in the future. Each party hereby expressly agrees to indemnitY, defend and hold harmless the other
from any and all liability, direct or indirect, including attorneys' fees and costs, which may arise in
connection with an obligation, joint or otherwise, for which the party has agreed hereunder to bear
sole or partial responsibility, or which the party has failed to disclose and provide for herein.
4. Lellal Fees, Each party agrees that they shall be responsible for their own legal and
other fees incurred by them in connection with this domestic relations matter unless otherwise
specified herein or otherwise agreed to by them,
5. Other WritinlIs, Each of the parties hereta agrees to promplly execute any and all
documents, consents, waivers, bills of sale, tax returns or other writings reasonably necessary to carry
out the intent of this Agreement.
6. Further Debt.
(a) Wife shall not contract or incur any debt or liability for which Husband or his
property or estate might be responsible and shall indemnitY and save harmless Husband from any and
all claims or demands, including attorneys' fees and costs, made against him by reason of debts or
obligations incurred by her,
(b) Husband shall not contract or incur any debt or liability for which Wife or her
property or estate might be responsible and shall indemnitY and save harmless Wife from any and
all claims or demands, including ~ttorneys' fees and costs, made against her by reason of debts or
obligations incurred by him.
7. Mutual Release, Excepl as otherwise provided herein and so long as this
Agreement is not canceled by subsequent agreement, the parties hereby release and discharge.
absolutely and forever, each other from any and all rights, claims and demands, past, present and
future, resulting from lhe marriage relationship, specifically from the following: alimony pendente lite;
alimony; spousal support; division of property; claims or rights of dower and right to live in the
3
House; right to act as executor or administrator in the other's estate; rights as devisee or legatee in
the Last Will and Testament of the other; any claim or right as beneficiary in any life insurance policy
of the other unless specifically named otherwise or as required herein; and any claim or right in the
distributive share or intestate share of the other party's estate, all unless specified to the contrary
herein or in a subsequent writing signed by the parties hereto.
8, Tax Return, The parties have elected to fil~ ajoint income tax return for tax year
1998, Any refund obtained shall be applied to the sums due a past due taxes, which should resolve
the issue of past due taxes during the period of the marriage, Each party shalllile individual income
tax returns and shall be solely liable for any and all of their own tax liability for tax year 1999 and
beyond and shall indemnify, defend and hold the other harmless from and against any such liability.
9, MedicalIHealth Insurance, Upon execution hereof, each party shall be responsible
for their own medicallhealth insurance and the maintenance thereof, if any, Medical and health
insurance coverage for the parties' children is being provided by Wife through her employer's health
care plan, In the event Wife loses her job, then the parties agree to share equally the cost of health
care for their children unless one or the other is able 10 have the children covered through their then
or new employer. The parties shall share equally any costs incurred because such are not covered by
the children's health care provider, In the event of the entry ofa Support Order which references
medicallhealth insurance, said Order shall control the parties' contributions not covered by such
insurance.
10. Entire Allreement, This Agreement constitutes the entire understanding between
the parties, and there are no covenants, conditions, representations or agreements, oral or written,
of any nature whatsoever, other than those herein contained.
II. Lellallv Bindinll, It is the intent of the parties hereto to be legally bound hereby,
and this Agreement shall bind the parties hereto and their respective heirs, executors, adminislrators
and assigns.
12. Full Disclosure, Each party asserts that sr.e or he ha~ fully and completely
disclosed all the real and personal property of whatsoever nature and wheresoever located belonging
in any way to each of them; of all debts and encumbrances incurred in any manner whatsoever by each
of them; of all sources and amounts of income received or receivable by each party; and of every
other fact relating in any way to the subject matter of this Agreement. These disclosures are part of
the consideration made by each party for entering into this Agreement,
13. Costs 10 Enforce, In the event that either party defaults in the performance of any
duties or obligations required by the terms of this Agreement, and legal proceedings are c~mm~f1ced
to enforce such duty or obligations, the party found to be in default shall be liable for all expenses,
including reasonable attorneys' fees, incurred as a result of such proceedings,
4
14. Allfeement VoluntarY and Clearlv Underslood, Each party to this Agreement
acknowledges and declares that he or she respectively:
(a) Is fully and completely informed as to the facts relating 10 the subject matter of
this Agreement and as to the rights and liabilities of both parties; and
(b) Enters into this Agreement voluntarily after receiving the advice of independent
counselor, having been advised to consult independent counsel, has knowingly and voluntarily chosen
to forego such consultation; and
(c) Has given careful and mature thought to the making of this Agreement; and
(d) Has carefully read each provision of this Agreement; and
(e) Fully and completely understands each provision of this Agreement, both as to the
subject matter and legal affect,
IS. Amendment or Modifkation. This Agreement may be amended or modified only
by a written instrument signed by both parties.
16. Applicable Law, This Agreement shall be governed, construed and enforced
under the statute and case law of the Commonwealth of Pennsylvania.
17, Counterparts. This Agreement may be executed in separate counterparts. each
counterpart deemed an original and when combined represents the legal binding intent ofthe parties
hereto,
18. Severability, Ifany part of this Agreement is determined to be invalid by a court
of competent jurisdiction, such determination shall not invalidate the entire document but shall apply
only to that phrase, sentence, paragraph or section. The remainder of the sentence, paragraph,
section and Agreement shall continue in full force and effect.
19. Life Insurance Policv, Husband acknowledges ownership of a policy of life
insurance with Erie Family Life Insurance with a death benefit of$IOO,OOO,OO, Husband agrees that
the children, but not Wife, shall continue to be designated as beneficiaries thereunder, in equal shares.
until they attain the age of twenty-three (23), Husband agrees that he will not cancel said policy prior
to the times set forth herein, unless changing coverage and replacing with comparable coverage, or
borrow against any cash value, if any,
,
(
20, Child SUpDort. The parties agree that Father shall pay child support to Mother
in an amount to be determined by and between the parties or as determined by the Court,
5
r
COMMONWEALTH OF PENNSVL VANIA
SS,:
COUNTY OF DAUPHIN
On this, the6l& day of : Wi If. , 1999, before me, a Notary Public,
the undersigned officer, personally appeared Hugh R. Jones, known to me (or satisractorily proven)
to be the person whose name is svbscribed to the within instrument and acknowledged that he
executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARIAL SEAL .
JOHN R. BEINHAUR, NotaIy Nllic
Lower Pax1OI1 Twp.. OalJllhil Cw1lY
Comminion expires March 13, 2003
~L~
Not Pubhc
My Commission Expires:
(SEAL)
COMMONWEAL HI OF PENNSYLVANIA
SS.:
COUNTY Qli DAUPHIN
On this, the f;!~ay Of,;?~ ' 1999, before me, a Notary Public,
the undersigned officer, personally appeared Sharo ,Jones, 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 herein contained,
IN WITNESS WHEREOF, I hereunto set my hand and official seal,
1~'
~~ . ,t.WJU
N ry Public
My Commission Expires:
(SEAL)
NOTARIAL SEAL
JEAN L. KOSIER, Notary Public
City 01 HamsburQ. Cauphln County
M.,. Comm,'":.on Exp'r.~'i floy 29 1999
-----. .. --.-.--...:.---
r ~ II
. 1I~
" c.; -~j::~
..:,;.
\".. :",,8
..';-
C' ''''1
I 'I.
. ,.;;;';p
,"'.Ll
- ..;~h.. "
". -'
C1' :.:j
1 <:J' (.)
u
.
.':'~.-";ii'
I.
.
-:1_"
..',
';J-
...
.
.
.
'I (
. .
\.-
,.. ~".
., \
\
I
, \
,
(
'\
~~-~~ _.";-."l"".~i:.::"':':'!::~~i1/;-_>~'.':';:,;,:
5. Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the
Prolhonotary: contemporaneously with this Praecipe.
Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: contemporaneously with this Praecipe.
Respectfully submitted,
BEINHAUR & CURCILLO
B'--
y:
J hn R. Beinhaur, Esquire
Supreme Ct. JO# 55631
4650 Fritchey Street
Harrisburg. P A 17109
(717) 651-9100
Attorney for Plaintiff
-
Date: JunJl 1../, /f19'1
,
EXHIBIT "An
i
I
I
&
11110 wt... tD rec:elw !he
following HMc:e1 (lor on
IxtroIH):
J'
1. CJ Addr_'1 Addr_
2. CJ RIIII1ctId OoIlvory
ConIuIt poo_r lor IH.
5 ICIwld By: (Print_J
B.Addr
IJtICIfH/a
roquatld
I B
oS X
PS Fann 3811, Doc..-l
lu,','.' t'I,"r..rrll..",.,..",..r
1025.9!l>-Q1.BOI19
Ii
(
(
"
)
)
~ "I
t:: l/; ~
-.
1."-: ".
, (."1 ;~.:'
, ~ ! I. .1');
(:'- I ):..:(
};:' ,'-
I j. _1~~
1 ' en -iJl
l" I r.'
~l_ , -~
,'- , :r. ~jriJ
:.:; :')(.\..
I -.J
u. (.1> ~l
L' CJ' 0
~ .~ ~
.
~\~ ,......
~- \j- 'Y)
"""- - \Jo
......
~
'- ..:1' , ~ ~
'"#. " '-.9-
("; ~ <:l ",",
" - "re; r--
- ~ C;
~ \:J-
~ , _ , lX:,
, ~~~
,-
,,- . .
l-.
" ,- ;
l) (;' U
Hugh R. Jones
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
Plllintlff,
v.
. 10 C;
;NO. 9'(- ,J ?(){)
(!~~
Sharon L. Jones
:CIVIL ACTION - LAW
Derendant,
:IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take prompt action. You are warned that jfyou 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 claim of 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 grounds for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available in the
Office of the Prothonotary at the Cumberland County Courthouse, Courthouse Square, High and
Hanover Streets, 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 the list. All necessary
arrangements and the cost of counseling sessions are to be borne by the parties.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWVER'S FEES OR EXPENSES BEFORE THE DIVORCE OR
ANNULMENT IS GRANTED. YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Court Administrator
Cumberland County Courthouse - Fourth Floor
High and Hanover Streets
Carlisle, PA 17013
(717) 240-6200
BEINHAUR & CURCILLO
DATED: {JC!o/J"" /~; /19'1-
f
By:~(tl/IILAf!~
Jo n R, Beinhaur
Attorney for Plaintiff
Hugh R. Jones
:IN TilE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
:NO.
Sharon L. Jones
:CIVIL ACTION - LAW
Derendant,
:IN DIVORCE
NOTICE OF A V AILABIL1TY OF COUNSELING
TO THE WITHIN NAMED DEFENDANT:
You have been named as the Defendant in a divorce proceeding filed in the Court
of Common Pleas of Cumberland County, Pennsylvania. This notice is to advise you that in
accordance with Section 3302(d) of the Divorce Code, as amended, you may request that the
Court require you and your spouse to attend marriage counseling prior to a Divorce Decree being
handed down by the Court, A list of professional marriage counselors is available at the Office of
the Prothonotary, Cumberland County Courthouse, High and Hanover Streets, 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 the list. All necessary arrangements and the cost of
counseling services are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for counseling
,
'I
I
tl
i
within twenty (20) days of the date on which you receive this Notice, Failure to do so will
constitute a waiver of your right to request counseling,
8, Plaintiff has been advised that counseling is available and that Plaintiff may have
the right to request that the court require the parties to participate in counseling.
9, There are three children born of this marriage, Jaime H. Jones, born November
7,1983. Scot N, Jones, born March 5, 1987, and Erich R, Jones, born January 11,1989.
WHEREFORE, the Plainliffrequests this Honorable Court to enter a Decree of
Divorce,
COUNT II - EOUITABLE DIVISION. DISTRIBUTION AND
ASSIGNMENT OF MARITAL PROPERTY
10, The averments of paragraphs 1 through 9 above are incorporated hereby by
reference as if set forth in full,
II. The parties are the owners of various items of property which qualitY as
marital property as defined in Section 40 I of the 1980 Divorce Code, as revised from time to
time.
12, Said marital property is subject to equitable division, distribution and
assignment by the Court.
2
WHEREFORE, the Plainliffrequests this Honorable Court equitably divide.
distribute and assign the parties' marital property.
Respectfully submitted,
BEINIIAUR & CURCILLO
By: CJ!Ltt((ir/ft
1, hn R, Bein aur
Supreme Court J.D. #55631
4650 Fritchey Street
Harrisburg, P A 17109
(717) 651-9100
Attorney for Plaintiff
DATED: Oc-lc.k.- /1)' / I qqr
3
VERIFICATION
I
,
I vcrifY that thc statem~'Ilts madc in thc foregoing document arc truc and correct. I
understand that falsc statements madc herein arc madc subject to thc penalties of 18 Pa, C. S, A. Section
4904 relating to unswom falsification to authoritics.
10 - /IS - 11-
Datc
By:
Hu#Jones
/ri:}w
CERTIFICA Tfi: OF SERVICE
AND NOW, this i5..b. day of CYrOBE I!.... . 1997, I, John R. Beinhaur, hereby
certitY that I have served the foregoing Complaint in Divorce by mailing a true and correct copy
by United States first class mail, certified mail return receipt requested. postage prepaid,
addressed as follows:
Ms. Sharon Jones
119 Lighthouse Drive
Mechanicsburg, PA 17055
Respectfully submitted,
BEINIIAUR & CURCILLO
ByQl// (~ljjlq
'~Beinhaur
Supreme Court I.D. #55631
4650 Fritchey Street
Harrisburg, P A 17109
(717) 651-9100
Attorney for Plaintiff
DATED:.f1";rlJl3t:.1!. It.., I 19'7?-
I
4
'n
'i
.
',<
...
.
.
"
'.
!
,
I
,
"
9
,
,.........
-- ~~~
~,
HUGH R. JONES
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
NO. 97 - 5708 CIVIL
SHARON L. JONES
: CIVIL ACTION - LAW
Derendant,
: IN DIVORCE
AFFIDA VIT OF CONSENT
I. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
October] 6, ] 997, and served via U. S, Certified Mail, Return Receipt Requested, which service was
made on October 30, 1997.
2. The marriage ofPlaintitrand Defendant is irretrievably broken and ninety days have
elapsed from the date of filing and service of the Complaint.
3. I consent to the entry ofa final decree of divorce after service ofnoticeofintention
to request entry of Decree.
4. I have been advised of the availability of marriage counseling, and understand that
may request that the Court require that my spouse and I participate in counseling. I further
understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which
list is available 10 me upon request. Being so advised, I do not request that the Coun require that my
spouse and I participate in counseling prior to a divorce decree being handed down by the coun.
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: 611..1 / q '1
/ 'I
()/~
Hugh R. Jone
\\
-..- ~
b; It:
.,~ Z
,_. M :::>~
("'l (J-"
lIJ. .-
C)~ ':7:: (_.::;;
r..'
1..-'- n.. .,.
I I _ .~ !:-~~%
cJr~
(I, 0'. -~:- fl.)
I .JZ
1..'-,1 [firn
" .-.
~./~! ' ~.
:::J ,'Ju-
1-- .., :~
11- m a
u (1\
--
.
"
TO
YOU A'" Hillin NOT"IID to 'LUG TO
THI IHeLO"O WITHIN
TWIN" llOl DA" D. ....VIC. HUIO' O.
A O.,AUU JUDO"'''' WAY .1 I"TUIIp
AOAINIT 'fOU
..
AffDMtl'
, I.AW OI'PICIl
JAMES. SMITH, DURKIN & CONNELLV. LLP
P UIIUX 6.'(1
ItIlRSItIlY, PIlNNSYl.VANIA 11I13HIlOO
WI Hlltll" CUTI" THAT THIE WITHIN II
A TRUI AND CO....ICT CO~Y 0' THI
Olt'OINAL 'ILID IN THII ACTION.
,..
A1'1'oaNIY
-
.
.
.,
"
I
I
t
\,
,
'.
.1
I
(
;.:;,..~-~~,~ --- \
- ~.r--.~-~' ~ -- -r~-
~.
,
HUGH R. JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97 - 6708
v.
SHARON L. JONES.
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
Wl".,da,,-I'1
PLAINTiff'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING
1. A Cornplaint in Divorce under Section 3301 (c) of the Divorce Code was
filed on October 16,1997 and served on~' 1997,
2, The rnarriage of the Plaintiff and Defendant is irretrievably broken. and
ninety days have elapsed from the date of both the filing and service of the
Cornplaint.
3. I consent to the entry of a final decree of divorce after service of Notice
of Intention to request entry of the Decree.
4. I have been advised of the availability of rnarriage counseling. and
unrlerstand that I may request that the Court require that my spouse and I participate
in counseling. I further understand that the Court rnaintains a list of marriago
counselors in the Prothonotary's Office, which list is available to rne upon request.
Being so advised, I do not request that the Court require that my spouse and
participate in counseling prior to a divorce decree being handed down by the Court.
I verify that the statoments made In this Affidavit are true and correct. I
understand that false statemants herein are made subject to the penalties of 18 Pa.
C.S,A, Section 4904, relating to unsworn falsification to authorities,
.. . "7,\ 1\'-\
Date: '..,
xJX\J1.;\"tr~
Sharon L, Jones, rl_:, ,t;1I
b~~.
i
[1
>- f:;
cT'; /.."
f.~~ ,
~ ~)
I J J ~.:- ~ ,~):":
( ,.. , --;:- "
~+. I ".'!": ,.)..'
, _. .' lJ_ ! .'1;:j
()~,':
, . <:n ;:.:(i
~ j: I ") oJ
. I ;..t;.;
, ;-"UJ
.. .;~ I
..~
" =-J I.'...l.l... ':
~.;
11.. cr. :>
CJ tn C.)
<,'H,< j',
.
..
,
,
"
'.
.'
...
~
..
TO
YOU Alt. HIUlaV HOTI'IID TO ,LIAO TO
TN. IHClDIIG WITHIN
TWINTY IlOI OAYI 0,. I''''',ell HI".O' 0"
. D.'AULT JUDGNINT NAY IIf IHTlltll:D
AOA/NI' YOU
4"011"'''
. LAw OFFICE
JAMES. SMITH, DURKIN & CONNELLY, LLP
:;"" P'Q8OX650
HERSHEY, PENNSYLVANIA 11OJl.o6JO
WI HUI., Cl:ftTltrY THAT THI WITHIN 'I
A '"UI AND CO""ICT COpy 0' THI
OPIOINAL 'IU:O IN lHI8 ACTION,
Of
..
..-on
,4
'.,.~ '.
...
.
.
.
't.
I
,
.
r
~.
:....-~-
I
\
--,~;~::-;;:.~-:~~"!C..; "
- ''''T,~--';_
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97 - 5708
HUGH R. JONES,
Plaintiff
SHARON L. JONES,
Dafendant
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF ~J~IVORCE DECREE UND~JU3301IcluOF_T"'E DIVQRCE-CQPE
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 grented.
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 Par
C.S.A. Sec.ion 4904, relating to unsworn falsification to authorities.
Date: ") - \ G -<t q
.~ t\o.,\,~,,~~~u,-':J
S'haron L. Jones, P16i1,tiff
Dtf'E'~~~1
~
0. Sl~b
CUSTODY AGREEMENI
THIS CUSTODY AGREEMENT, is made this ~day of -LV. 1f.-'1
1999, by and between Hugh R. Jones of6197 Hay Market Way, Mechanicsburg. Cumberland
County, Pennsylvania. 17055 (herein "Falher") and Sharon L. Jones, of 119 Lighthouse Drive,
Mechanicsburg, Cumberland County, Pennsylvania. 17055 (hereill "Mother").
RECITALS
WHEREAS, Hugh R. Jones has filed an action in Divorce against Sharon L. Jones,
in the Court of Common Pleas of Cumberland County, Pennsylvania to No, 97-5708 Civil Term;
and
WHEREAS, Ihe parties have three children born of this marriage: Jaime H. Jones,
bom November 7,1983; Scot N. Jones, bom March 5, 1987; and Erich R, Jones, born January
II, 1989; and
WHEREAS, the parties desire, in the best interests and welfare of their children to
define herein the terms of their shared custody and to make their Agreement the Order of the
Court,
WITNESSETH
NOW THEREFORE, the parties hereto, INTENDING TO BE LEGALLY
BOUND, hereby agree as follows:
1. Recitals, The Recitals above are incorporated herein by reference,
2, Child Custodv. Father and Mother shall have shared legal custody of the
children, which may be modified only by written agreement of the parties hereto or further Order
of Court, Mother shall have primary physical custody and Father shall have periods of partial
physical custody as set forth herein.
A, Partial Custodv. Father shall have periods of partial physical custody
every other weekend whereby Father shall pick the children up from Mother's residence or school
depending on the time of the year, or another mutually agreed upon location, after school or
Father's work, again depending on the time of the year and the agreement of the parties, on
Wednesday and shall return the children to the residence of mother on Sunday evening at
7:00p.m, At all other times (unless specified herein or otherwise agreed between the parties in the
best interests and welfare of the children) Jaime, Scot, and Erich shall remain with Mother at
Mother's residence,
1
"
S. Vacation. The parties agree to extended summer vacation partial
custody periods for a period not to exceed two (2) full weeks each, inclusive of weekends before
and after, upon at least thirty (30) days notice to the other party and provided such extended
period does not interfere with the herein listed holiday schedule. Such extended periods need not
be taken cumulatively, but shall not be less than one full week each and shall still require notice
for each period.
C. Holidavs. For purposes hereof, holidays are defined as Easter,
M\!morial Day, Fourth of July, Labor Day, Thanksgiving, and Christmas. The parties agree that
the holiday custody schedule shall be as they shall agree and in the best interests and welfare of
the children. In the event that the holiday schedule becomes an issue, the parties agree that they
shall reduce a permanent schedule to writing and abide thereby and revisions would only be made
in writing
3. Chanlles in schedulinll. Should Father be unable to exercise his scheduled
custody, he shall notify Mother at least twenty. four (24) hours in advance unless an emergency
situation arises,
4. Effective date This Custody and Support Agreement shall become effective
upon execution.
5, Chan~es and Adaotation. Father and Mother agree to cooperate in making
changes and adaptations to this Custody Agreement as and if they become necessary, having due
regard to the interests of Father, Mother and the children, The consent of either party to such
changes and adaptations shall not be unreasonably withheld. Any changes and adaptations shall
be in writing and signed by the pal ties hereto.
6. Counteroarts. This document may be executed in separate counterparts, which
when combined form the intent of the parties.
7, Neither party shall abuse alcohol or use drugs in the same vehicle or household
when they have custody of the children.
8. Both parents shall refrain from making derogatory comments about the other
party in the presence of the children and to the extent possible shall prevent third parties from
making such comments in the presence of the children,
..
9. The parties shall establish a no conflict zone, in order to better negotiate issues
regarding the children.
IN WITNESS WHEREuF, the parties hereto have executed this Agreement the
day and year tint above written:
WITNESS:
FATHER:
91i1/1-f(&r
~
Hugh R. ,
WITNESS:
MOTHER:
i~,~
Sharon L, Jones
... . ,"
COMMONWEALTH OF PENNSYLVANIA
SS,:
COUNTY OF DAUPHIN
On this, the % day of .:li<-Ife ,1999, before me, a Notary Public,
the undersigned officer, personally appeared Hugh R. Jones, 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 herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~
My Commission Expires:
(SEAL)
NOTARIAl SEAL
JOHN R. BEINHAUR. Nowy NlIIc
lo_ Paxton Twp.. DauphIri CoooIY
Commlsslon Ex es March 13, 2003
COMMONWEALTH OF PENNSYLVANIA
SS.:
COUNTY OF DAUPHIN
On this, the /~t1 day of , 1999, before me, a Notary Public,
the undersigned officer, personally appeared Sharon Jones, 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 herein contained,
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~ulJ,,~}U
No Pubhc
My Commission Expires:
(SEAL)
NOTARIAL SEAL
JoAN L. KOSIER. Notary Public
Ciry of Ham,curg, Dauphin Counry
. ~v~olnml":jOn ElIl~l!rll'l tlov_ 29, 1999
"
'..
.:.t
(';
-
I::
)..~
il.,__
'.J;_J:
:\ ~-:~
.<:
.,";
:;(;,
, ~ D....
,
(J
~
'\
~\
~
,
~
\J)
\)) ~
~ ~
"t i
~~
i ,~
;-
,
..
~..-
:'1_
',"
('J
,.
( .
("
C',
,
SOCIAL SECURITY INFORMATION SHEET
!
I
,
PURSUANT TO 23 Pn.C.S,A. SECTION 4304,[ (n) (3) ALL DIVORCES MUST
INCLUDE THE PARTIES SOCIAL SECURITY NUMBER
PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE
PROTHONOTARY'S OFFICE
DATE:
June 4, 1999
.
!
DOCKET NUMBER: Q7-~70R r.TVTI.
PLAINTIFF/PETITIONER SS# -' ":t \ - "3'6 - "6 as :l.
NAME:
Hl.Illh R. Jones
DEFENDANT/RESPONDENT SS # -.t9' 1- 46 - ~O l'l..
NAME:
Sharon L. Jones