HomeMy WebLinkAbout00-05438
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
. .
. .
. .
.
.
..
IN THE COURT OF COMMON PLEAS
.
.
OF CUMBERLAND COUNTY
STATE OF
JAMIE K. DUPERT,
Plaintiff
VERSUS
JASON M. DUPERT,
Defendant
.
PENNA.
.
No. 2000-5438 CIVIL TERM
.
CIVIL ACTION - LAW
.
IN DIVORCE
.
.
.
.
.
DECREE IN
DIVORCE .
.
JI.'~p.1't . .
.
"j '-A"
AND NOW, 2003 , IT IS ORDERED AND .
JAMIE K. DUPERT .
DECREED THAT , PLAINTIFF, .
.
AND JASON M. DUPERT , 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;
.
.
.
.
The Marriage Settlement Agreement dated March 12, 2003 and signed by the
parties is
,-" ""
,. ~,l
."-..-'. '-''':
.
.
ed.
.
.
.
.
.
.
ATTEST:
.
.
J.
PROTHONOTARY
.
.
.
.
.
~~ ~ ~~~ ~~ ~ ~ ~~
.
.
'-, ~'" ,.,
"
...;. "'~";""""""'ti!i"'Slli;1S;,jj "
~-"1IiIll"""~~-~~~~~""~ -""'^-'~~~<l":J&.a
"",,,"'-'.-
"'II
~:I
Ii
Ii
..~~
- -~
~" " ~''- ,,' ~. ~". t::-,
. -~
I,
I
I
1:1
I
II
II
'I
,
I
I
&, ~{) '03 d~ ~ ~ ~ 4 IJ1CJ:;~
i>.. ~I .(;'3 '71P-t;~- I~N ~ dfI'
-,
MARRIAGE SETTLEMENT AGREEMENT
TillS AGREEMENT made this -IZ- day of ~vo<'" , 2003 by and between
JAMIE K. DUPERT, (hereinafter referred to as "WIFE") and JASON M. DUPERT,
hereinafter referred to as "HUSBAND").
WITNESSETH:
WHEREAS, HUSBAND and WIFE were lawfully married on June 12, 1999, in
Cumberland County, Pennsylvania. \\;IFE filed a Complaint in Divorce in Cumberland County,
Pennsylvania, docketed at 2000-5438 Civil Term on August 4, 2000. The parties hereto agree
and covenant as follows:
1.
The parties intend to maintain separate and permanent domiciles and to live apart from
each other. It is the intent and purpose of this Agreement to set forth the respective rights and
duties of the parties while they continue to live apart from each other.
2.
The parties have attempted to divide their matrimonial property in a manner which
conforms to a just and right standarq, with due regard to the rights of each party. It is the intent
of the parties that such division shall be final and shall forever determine their respective rights.
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets.
'..<-~-,~.
," ."~,~.~
3.
Further, the parties agree to co~tinue living separately and apart from the other at any
place or places that he or she may select as they have heretofore been doing. Neither party shall
molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever.
Each party may cany on and engage in any employment, profession, business or other activity as
he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere
with the uses, ownership, enjoyment or disposition of any property now owned and not specified
herein or property hereafter acquired by the other.
4.
The consideration for this contract and agreement is the mutual benefit to be obtained by
both of the parties hereto and the covenants and agreements of each of the parties to the other.
The adequacy of the consideration for all agreements herein contained is stipulated, confessed,
and admitted by the parties, and the parties intend to be legally bound hereby.
Each party to the Agreement acknowledges and declares that he or she, respectively:
a. is represented by counsel of his or her own choosing;
b. is fully and completely informed of the facts relating to the subject
matter of this Agreement and of the rights
and liabilities of the parties;
c. enters into this Agreement voluntarily after receiving the
advice of counsel;
d. has given careful and mature thought to the making of this Agreement;
e. has carefully read each provision of this Agreement; and
f. fully and completely understands each provision of this Agreement,
both as to the subj ect matter and legal effect.
This Agreement shall become effective immediately as of the date of execution.
2
-'>',':
-
~ ~-
5.
It is the purpose and intent of this Agreement to settle forever and completely the interest
and obligations of the parties in all property that they own separately, and all property that would
qualify as marital property under th~ Pennsylvania Divorce Code, Title 23, Section 401(e), and
that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and
assigns. The parties have attempted to divide their Marital Property in a manner that conforms to
a just and fair standard, with due regard to the rights of each Party. The division of existing
Marital Property is not intended by the parties to constitute in any way a sale or exchange of
assets, and the division is being effected without the introduction of outside funds or other
property not constituting a part of the marital estate.
It is the further purpose of this Agreement to settle forever and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony.
6.
Each party represents and warrants that he or she has made a full and fair disclosure to the
. , .
other of all of his or her property interests of any nature, including any mortgage, pledge, lien,
charge, security interest, encumbrance, or restriction to which any property is subject. Each party
further represents that he or she has made a full and fair disclosure of all debts and obligations of
any nature for which he or she is currently liable or may become liable. Each further represents
and warrants that he or she has not made any gifts or transfers for inadequate consideration of
Marital Property without the prior consent of the other.
Each Party acknowledges that, to the extent desired, he or she has had access to all joint
and separate State and Federal Tax Returns filed by or on b.ehalf of either or both Parties during
marnage.
3
,.~
"
'H_
7.
REAL ESTATE: The parties do not own any real estate.
8.
DEBTS: HUSBAND will be solely responsible for his own debts. WIFE will be solely
responsible for her debts. HUSBAND will indemnify and hold hannless WIFE from all
obligation related to his debts. WIFE will be solely responsible and will indemnify and hold
harmless HUSBAND from any claim made against him related to her debts.
9.
SPOUSAL SUPPORT: HUSBAND will not be required to pay any spousal support or
alimony to WIFE.
10.
CHILD SUPPORT: HUSBAND and WIFE both agree that Jason M. Dupert is !!!!! the
natural Father of Gretchen Alexis Dupert, born April 14, 1999. WIFE agrees that she will not
seek any child support from Jason M. Dupert for said child.
II.
PERSONAL PROPERTY: The parties agree that the personal property shall be divided
as follows:
HUSBAND shall receive the following items:
a. The personal property in his possession;
b. His bank accounts;
c. Any life insurance policy; and
d. His employee benefits.
4
^~ .,
-.
. ~ ~. ~ -.
~'
^'" "'!.>J';;,
WIFE shall receive the following items:
a. The personal property in her current possession;
b. Her bank acCounts;
c. Any life insurance policy; and
d. Her employee benefits.
The WIFE hereby waives all right and title which she may have in any personal property
of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal
property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently
of any claim or right of the other party, all items of personal property of every kind, nature and
description and wherever situated, which are then owned or held by or which may hereafter
belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose
of same as fully and effectually, in all respects and for all purposes as if he or she were
unmarried.
Each party agrees that neither will incur obligations, liens or liabilities on account of the
other and that from the date of this Agreement, neither party shall contract or incur obligations,
liens or any liability whatsoever on account of the other.
12.
AUTOMOBILES:
a. HUSBAND agrees to waive any and all interest which he may
have in the automobiles in possession of the WIFE.
b. WIFE agrees to waive any and all interest which she
may have in the automobile in possession of the HUSBAND.
They each waive any claim which they have in any automobile owned by the other party.
5
~ .
~~ '0-
""
N' "
_....Of_
13.
INSURANCE. EMPLOYEE AND MILITARY BENEFITS: The parties agree that
any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits,
including but not limited to retirement, profit sharing or medical benefits of either party, shall be
their own. WIFE waives all right, title and claim to HUSBAND'S employee benefits, and
HUSBAND waives all right, title, and claim to any of WIFE'S employee benefits. WIFE will
be maintained as a surviving spouse for all military retirement benefits of HUSBAND, unless
HUSBAND remarries.
f~
14.
BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and
interest which she may have in the savings or checking or any other bank accounts of the
HUSBAND. The HUSBAND agrees to waive all interest which he has in the bank accounts of
the WIFE.
15.
DIVORCE: The parties both agree to cooperate with each other in obtaining a final
divorce of the marriage. It is agreed that the parties will execute and file the consents necessary
to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all
the costs and legal fees of the party who is seeking the divorce.
16.
BREACH: If either party breaches any provisions of this Agreement, the other party
should have the right, at his or her election, to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her, and the party breaching this contract will be
responsible for payment of legal fees and costs incurred by the other in enforcing their rights
under this Agreement.
6
~
, ~-~,
",-,--'~--
~ - ''-.
~ ~';
17.
ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instrwnents that may be reasonably required to give full force and effect to the provisions of this
Agreement.
18.
VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel, and each party
acknowledges that the Agreement is fair and equitable, and that it is being entered into
voluntarily, and that it is not the result of any duress or undue influence. The provisions of this
Agreement are fully understood by both parties and each party acknowledges that the Agreement
is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any
duress or undue influence.
19.
ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
20.
APPLICABLE LAW: This Agreement shall be. construed under the Laws of the
Commonwealth of Pennsylvania.
21.
PRIOR AGREEMENTS: It is understood and agreed that any and all property
settlement agreements which mayor have been executed prior to the date and time of this
Agreement are null and void and of no effect.
7
-
~.
"~.......,!;"
22.
PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own
costs and legal fees required to obtain and complete the divorce.
23.
WAIVER OF CLAIMS)AGAINST ESTATES: Except as herein otherwise provided,
each party may dispose of his or her property in any way, and each party hereby waives and
relinquishes any and all rights he or she may now have or hereafter acquire, under the present or
future laws of any jurisdiction, to share in the property or the estate of the other as a result of the
marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the Will of the other, and right to act as
administrator or executor of the other's estate, and each will, at the request of the other, execute,
acknowledge and deliver any and all instruments which may be necessary or advisable to carry
into effect this mutual waiver and relinquishment of all such interests, rights and claims.
IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day
and year first above written.
~...,.,)( ~/~ (SEAL)
JAMIE K. DUPERT
,,~.
J~SON M. DUPERT
(SEAL)
<
8
,...b
~ .
-.~, ,
, ~ , .
~"'~"-~
.
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this 1/'-fAday of re.-
a Notary Public, in and for the Commonwealth of Pennsylvania and County of
2003,
Cumberland, JAMIE K. DUPERT, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the withih Marriage Settlement Agreement, and acknowledges that
she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notarial Seal
. Martha L, Noel. Notary Public
Carlisle Bora, Ciunberland County ,
My Commission Expires Sept 18, 2003
Member, Pennsylvania AssocIation of Notaries
1"
I
I
"
I
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, thisQ day of /J?O,rJh
.
2003, a Notary Public, in and for the Commonwealth of Pennsylvania and County of
Cumberland, JASON M. DUPERT, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that
he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notarial Seal
Lori Ann Duper!, Notary Public
Silver Spring 'l\vp.. Cumberland County
My Commission Expires Oct, 31. 2005
Memoer, pennsylv.nlaAsaoclatlonotNOIa~e.
9
~~M~II!i~W;~~!"'~ . --.~~~~-*,;i<lh'JI!I'l!"",,;,,,,~".-."'ii',~ffi!j~~M~"
. , .' '^ ~-....~,,, ""
IfiljlliJjj;!l'Fiil!t'I- ir
,
~. ~~
0 C) 0
C ~ ,'!
,~.. T;
K,:
'D en ,'-
IT'> q-: ;;~: c, :IJ
Z j"'-
2' [ IT'
(/.) t....::, -...,-.}
-, t-- (":)
~ ~ -"
....:."" 'q
L L (~~
)> ~}~ ~, rn
-~ :"1 :t:~
-< O'l :u
"<
~~o
~, > -
""'~,-~, ~
~ ~,"O
JAMIE K. ])UPERT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-5438 CIVIL TERM
JASON M. ])UPERT,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a divorce decree:
I. Ground for Divorce: Irretrievable breakdown under Section 330 I (c) of the Divorce Code.
2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon
the defendant, Jason M. Duper!, on August 10, 2000, by certified, restricted delivery mail, addressed to him at 85
Willow Mill Park Road, Mechanicsburg, Pennsylvania 17055, with Return Receipt Number 700006000025 1595
3331.
3, Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce
Code: by plaintiff: June 9, 2003; by defendant: June 9, 2003,
(b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code:
(b)(2) Date of filing and service of the plaintifl's affidavit upon the defendant:
4. Related claims pending: NONE.
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 plaintifl's Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: June 9, 2003.
Date defendant's Waiver of Notice
Prothonotary: June 9, 2003.
MARC SA. McKNIG
Attorne for Plaintiff
UIRE
- "n "~fiL
~r
"'
ll~
~,
iil
~:
~i
it
~i
)c
:;!
~i
I"
!i
I;
,
I[!
!H
!f]
i
I:
I"
i<
~ i
j!.
II,i
I;"
I'
i
1'1
,n
I'~
1~'1
1'1
i!~
i!i
,J
'I
"
rJ
d
I,i
['
[1
n
i1
['1
1:1
IJ
Ii
'I
"j
,
i
,I
i
11
I;
Ii
11
II
J
,
,!
,-"'~ ~
u=
,-~"
. '"-"
H105.157REV,5-97
COMMONWEAlTH OF PENNSYLVANIA
DEPARTMENT OF HEALTH
VITAL RECORDS
STATE FILE NUMBER
Cumberland
DIVORCE
[K]
RECORD OF
OR ANNULMENT
(CHECK ONE) 0
STATE FILE DATE
COUN1Y
HUSBAND
1. NAME
(-)
Jason
StreetotR.D.
(Middle)
M.
City, Bora. or Twp. County
(1M')
Du ert
Stat.
2. DATE
OF
BIRTH
4. PLACE
OF
BIRTH
7. USUAL OCCUPATION
(Man") (OSy)
(Year)
3. RESIDENCE
1
Harrisburg
6. RACE
WHITE
IX]
Cumberland
PA
(State or Foreign CountlY)
Pennsylvania
660 Boas
5. NUMBER
OF THIS
MARRIAGE
Street,
BlACK
o
Dock Worker - UPS
WIFE
.. MAIDEN NAME (FilSt) (Middle) (Last) 9. DATE (Month) (Day) (Year)
Brown Jamie K. Dupert OF 06 14 80
BIRTH
10. RESIDENCE Street or R.D. City, Boro. orTwp. County St... 1. PLACE (State or Foreign CountfY)
OFI".' Penns"lvania I
270 West Rid\!e Street Carlisle Cumberland PA BIRTH
12. NUMBER r 3. RACE 114. USUAL OCCUPATION
OF THIS 1 wOO' nK OTHER (Specify) USS Manufacturing
MARRIAGE -Il Distribution -
15. PLACE OF (County) (State or Foreign Country) 16. DATEOF (Man") (Day) (Year)
TH'S Pennsvlvania THIS 06 12
MARRIAGE Cumberland MARRIAGE 99
17A. NUMBER OF 78. NUMBER OF DEPENDENT 18. PLAINTIFF 9. DECREE GRANTED TO
CHILDREN THIS CHILDREN UNDER 18, HUSBAND WIFE OTHER (Specify) HUSBAND WIFE OTHER (Specify)
MARRIAGE 0 1 0 [j[] 0 0 IXl 0
20. NUMBER OF HUSbAND WIFE SPUT CUSTODY OTHER (Specify) I 21, LEGAL GROUNDS FOR
CHILDREN TO 0 IT] 0 0 DIVORCE OR ANNUlMENT Section 3301 (c)
CUSTODY OF
22. DATE OF DECREE (Month) (Day) (Year) 123. DATE REPORT SENT (Man") (Day) (Year)
TO VITAL RECORDS
24, SIGNATURE OF
TRANSCRIBING CLERK
!,i;""llP1 -Jli:.l' J:lijJ:iI!llollililel\~&i~H1~;j~~~-iIIN~moo
~ J_ [:
".--
~-
1lliiJ!l1--'"'-"
o
c
~r'
.~',:;
r:t-
~v
Pr-,.
:z: C'~
p'
c
;J
'c
r~~
--,-,
c,~
>
:z,-~
"...1
"
)\~3
LSOl
--,
'~
:iJ
-<
[:)
:.n
en
1
""
',,~ '"
.'""
" ~"
~' . "",
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JAMIE K. DUPERT,
Plaintiff
: No. 00- ~I{ 3P Civil Term
v.
JASON M. DUPERT,
Defendant
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HA VE 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 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, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
-
~" -,". "
----~ ' ,
"
"_,,,i
Le han demandado a usted a la corte. Si usted qui ere defenderse en contra estas demandas
expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo aI partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado
y archivar en la corte en forma escrita SllS defensas 0 sus objeciones alas demandas en contra suya
Se has avisado que si listed no se defienda, la corte tomara medidas y puede entrar una orden
contra listed sin previo aviso 0 notificacion y por cualquier que ja 0 alivio que es pedido en la
peticion do demanda. USTED PUEDE PERDER DINERO 0 PROPlENDADES 0 OTROS
DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO
TlENE 0 CONOCES UN ABOGADO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA
OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 170 13
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the Court, please contact
our office. All arrangements must be made at least 72 hours prior to any hearing or business before
the Court. You must attend the scheduled Conference or Hearing.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
, -
, .'
l";'"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
JAMIE K. DUPERT,
Plaintiff
: No. 0-0 _ .5lI,3 F &;,;;/ --t.u-
v.
JASON M. DUPERT,
Defendant
: IN DIVORCE
COUNT I
COMPLAINT UNDER SECTION 3301(c)
OF THE DIVORCE CODE
AND NOW comes JAMIE K. DUPERT by and through her attorney,
Maryann Murphy, Esquire of Legal Services, Inc., who respectfully
avers as follows:
1. Plaintiff is JAMIE K. DUPERT whose current address is 550
First Street, Carlisle, Cumberland County, Pennsylvania.
2. Defendant is JASON M. DUPERT whose current address is 85
Willow Mill Park Road,
Mechanicsburg,
Cumberland County,
Pennsylvania.
3. plaintiff and Defendant have been bona fide residents in
the Commonwealth for at least six months immediately previous to
the filing of this Complaint.
4. Plaintiff and Defendant were married on June 12, 1999 in
Cumberland County, Pennsylvania.
5. There have been no prior actions for divorce or for
'"
,~ ' c,,=,,_'"
annulment between the parties.
6 . Defendant is not a member of the Armed Forces of the
United States of America or any of its Allies.
7. The marriage is irretrievably broken.
8. Plaintiff has been advised of the availability of
marriage counseling and that she may have the right to request the
Court to require the parties to participate in such counseling.
Being so advised, Plaintiff does not request that the Court require
the parties to participate in counseling prior to a Divorce Decree
being handed down by the Court.
9. plaintiff requests this Court to enter a Decree in
Divorce from the bonds of matrimony.
COUNT I I
CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
UNDER SECTION 3502 OF THE DIVORCE CODE
10. Plaintiff hereby incorporates by reference all of the
averments contained in Count I of this Complaint.
11. Plaintiff and Defendant are the owners of motor vehicles
and other personal property acquired during the marriage which are
subject to equitable distribution by this Court.
12. Plaintiff and Defendant have been unable to agree as to
an equitable division of said property as of the date of the filing
" ~'"
n --..,.,
,- ~'..- ,
, .-,
-','''- -"
of this Complaint.
13. Plaintiff requests this Court to equitably distribute the
parties' marital property.
WHEREFORE, Plaintiff requests this Honorable Court to enter a
Decree:
a. dissolving the marriage between the Plaintiff and
Defendant; and
b. equitably distributing all property owned by the
parties hereto; and
c. for such further relief as the Court may determine
to be equitable and just.
Respectfully submitted,
Maryann urphy,
LEGAL SERVICES,
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
I.D. # 61900
Attorney for Plaintiff
,--
~ <
~~
-, --~ ~- '.'
"- -'C:-
AFFIDAVIT
I, JAMIE K. DUPERT, verify that the statements made in the
foregoing Complaint in Divorce 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.
9-j-daY)
Date
f2/7JU~lY ~)Llj)MK
AMIE K. DUPERT1
~ 'Ji:0
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JAMIE K. DUPERT,
Plaintiff
: No.
v.
JASON M. DUPERT,
Defendant
: IN DIVORCE
CERTIFICATE OF SERVICE
I, Maryann Murphy, Esquire, do hereby certify that a true and
correct copy of the within Divorce Complaint was mailed to the
Defendant, JASON M. DUPERT, by first class U.S. mail, postage pre-
paid, certified/restricted delivery, addressed as follows:
Jason M. Dupert
85 willow Mill Park Road
Mechanicsburg, PA 17055
Respectfully submitted,
Maryann M rphy,
LEGAL SERVICES,
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
I.D. # 61900
Attorney for Plaintiff
-
__lMIin"
:_J C __; '.;; ~~..iru ^'_~,_ ~.=_,_~~_
-- ~"'IWIli~!~',a.~~':M'~~(~~~,
"~w_ _,-~ ',_
, v
tl!l1!. '.~ "'<- . '-~~ ;
~-. ~~,,- " ~
~
U
Ii~
0 L? ()
r- (7) -"-11
~-
$: "" ~:j '",
-00..1 i"~i~-
nom G)
2"1'"' -Clm
-" I
zc;:- ":'jO
(j)'....::::. ..,- () 1.
;..<-...-::;~ -~l_~~
1<0 " .~':"'-n
9(") :x o~..v
-,,0
:So cjrn
:;;;e: .. -'-1
2'" m ~
::! (.11
\,
?>
<><'J
,
'":'>
~
- ~
- -, - ~ ,
"
.,,"-- _0<"<_ ,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL ACTION - LAW
JAMIE K. DUPERT,
Plaintiff
: NO. /)lJ - 5438
Civil Term
v.
: IN DIVORCE
JASON M. DUPERT,
Defendant
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, JAMIE K. DUPERT, Plaintiff, to proceed in forma pauperis.
I, Maryann Murphy, Esquire, of Legal Services, Inc., attorney for the party proceeding
.in forma DauDeris, certify that I believe the party is unable to pay the costs and that I am providing
free legal services to the party. The party' s affidavit showing inability to pay the costs of
litigation is attached hereto.
Maryann rphy, Esquire
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
LD. # 61900
Attorney for Plaintiff
.J _
, "".- ,~ -:_^""' ,-
"
't:~,~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JAMIE K. DUPERT,
Plaintiff
: NO" 60 - S'~8'
Civil Term
v"
: IN DIVORCE
JASON M. DUPERT,
Defendant
AFFIDA VIr IN SUPPORT OF PETITION
FOR LEAVE TO PROCEED IN FORMA PAUPERIS
L I am JAMIE K. DUPERT, the Plaintiff in the above matter and because of my
financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing
the action or proceeding"
2" I am unable to obtain funds from anyone, including my family and associates, to pay
the costs of litigation.
3. I represent that the information below relating to my ability to pay the fees and costs
is true and correct.
(a) Name: JAMIE K. DUPERT
Address: 550 First Street. Carlisle. P A 17013
(b) Social Security Number: 195-68-9577
If you are presently employed, state
Employer: Eat'N Park
Address: Harrisburg Pike. Carlisle. PA 17013
Salary or wages per month: $L299.00 gross
Type of work: waitress/hostess
. ''^'' --,. '<' ~ - "
,
If you are presently unemployed, state N I A
Date oflast employment: NIA
Salary or wages per month: NIA
Type of work: NIA
(c) Other income within the past twelve months
Business or profession: -0-
Other self-employment: -0-
Interest: -0-
Dividends: -0-
Pension and annuities: -0-
Social Security benefits: -0-
Support payments: -0-
Disability payments: -0-
Unemployment compensation and
supplemental benefits: -0-
Workman's compensation: -0-
Public Assistance: -0-
Other: -0-
(d) Other contributions to household support
(Wife)(Husband) Name: NIA
If your (husband) (wife) is employed, state
Employer:
NIA
''''I
Salary or wages per month: N/ A
Type of work: N/A
Contributions from children: -0-
(e) Property owned
Cash: $20.00
Checking Account: $30.00
Savings Account: -0-
Certificates of Deposit: -o-
Real Estate (including home): N/A
Motor vehicle: Make Saturn Year 1992
Cost $6.000.00
Amount owed $3.000.00
Stocks; bonds:
Other:
-0-
-0-
(1) Debts and obligations
Mortgage:
Rent:
Loans:
Monthly Expenses:
N/A
$409.00
$153.00
$1180.00
(g) Persons dependent upon you for support
(Wife) (Husband) Name: N/A
-
~' . ~ . ,.." .. r'-. ' _, -, ,
it.:'!
'"
r
Children, if any:
Name: Gretchen
Age:
15 months
4. I understand that I have a continuing obligation to inform the court of improvement in
my financial circumstances which would permit me to pay the costs incurred herein.
5. 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: g-:J ~ Ja:tJ
~ tl&~
MIE K. DUP RT
:IJ
~l ~~""
J.t ,J ',' . ",_. ,,,~,,~_. ~ _. ",."'
, ~~~~~ilill~~~
-,'Co'" .';.",
,H'
""'....-!:::dld
'ijl"" -~" L ~~--- jJ,,,M
() C:l ~
C 0
:r-
;:H03 """ :.~
S. rTI c::
Z" G") t,i,;:~l
25;': I ]~
cn__;. +:".
~<-
r"~
K~' ""I
~O ::Jl:
):>0 -"'0
c: (Sn"l
Z ':.11 ~
:< -.I ::0
-<
~ .
S~NDt:R: COMPLETE THiS SECTiON
.. Compe'l iiiiiS 1,:1,.iIcJ .ifemPl~i'e
item 4 If Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
, .'. Attachtthis card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to: ..
JCt~~f).H. ~ll.p~
~5 W;tllYlU kill Po.tl!~d.
HecJl(~-h lesb().t-'6 ,pA
tl'fOO!> "
."
-, '-"
""
COMPLETE THIS SECTfOi\J ON DEU\/ERV
C. Signature
x
:"-~"""",",.""."
~. ';. I:'
~
D. Is delivery address different from item 1?
If YES, enter delivery address below:
3" Service Type
...:2"Certlfied Mail
o Registered
o Insured Mail
o Agent
Addressee
DYes
o No
o Express Mail
o Return Receipt for Merchandise
o
4. Restricted Delivery? (Extra Fee)
VBi01to& o~y '80;'':5. ibg q!5 33 ~.)
. Pq fOfll1 381!1., .1m WW9 i i i i 11 i I Pain.s/fo Return iiie.ei~l
j II il j"1 Tl'il" .
1025S5-99-M-1789
',-",.
T
. ~
I
I.
I
r
,--,
"
[1
II
"
.1
H
I::
.,
II
"
"
'I
H
':
\'1
I
I
H
'I
rl
'_I
'I
'I
I
,I
I
I
1
I
,
I
I
I
I
I
I
I
]
!
:".-'~1_,_;
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JAMIE K. DUPERT,
Plaintiff
: No. 2000-5438 Civil Term
v.
JASON M. DUPERT,
Defendant
: IN DIVORCE
AFFIDAVIT OF SERVICE
I, Maryann Murphy, Esquire, depose and say:
I. That I am an adult individual residing in Cumberland County, Pennsylvania.
2. That on August 9, 2000, I sent by U.S. first class mail, postage pre-paid,
certified/restricted delivery, number 7000 0600 002515953331, a 3301(c) Complaint in Divorce
to the Defendant, JASON M. DUPERT, at the following address:
Jason M. Dupert
85 Willow Mill Park Road
Mechanicsburg, P A 17055
3. That on August 10,2000, the Defendant was served with the Complaint in
Divorce as evidenced by his signature on the green card, number 7000 0600 0025 15953331, which
is attached hereto.
~~~h~~P~P~
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
J.D. # 61900
I
,
l<,,,'.... ~~, Jj(i;"i~~.~"""
t'" CO"'!:", =..~.,.,~"~,~"",,,,'
"M
~""'""_~~~JildilMlillf~~j[&i.Ii" i!Milirw"d -i~'~ri:Jt~-"
~- ~ -~'
(") Cl
c: c:>
:s~ :P<' ","
-'(Jt";::j ,- c'
n"lrr~ ::;:5 .
Z-n ---' ';:::0
~~. .- '_A~~),
~.<".., <:~~)
~() ;-\\
==Cl tf! v
Pc '""
Z ? ?:C
=< (.;> -<
"~.--'~ .
.
".
."
,C'_
.~".. ,.",
.
,
-"
,,---'~ ."
~ ,,"
- .", '..~ ' . -. -, ",'--'1 ~" _
"-~ - ,', . -
. 'l_:l _ _"_ '__~ c,~.; -1,>~Lif;:~_".j';':-,;.-L,:_";'_;IC'_i~;<--,>--;~_",,(<.'L__t:, il,cLi"s';';'~:~'~_',:, -: "', "'~;_:'~~::,
I,~
!~
I
I
i
i!':
,"
!/
I,'
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
~
JAMIE K. DUPERT,
Plaintiff
v.
CIVIL ACTION - LAW
'~'
~I
00-5438 CIVIL TERM
JASON M. DUPERT,
Defendant
IN DIVORCE
",
ii,
",
PLAINTIFF'S AFFIDAVIT OF CONSENT
"
~!
I. A complaint in divorce under Section 330l(c) of the Divorce Code was filed on
August 4, 2000.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of the filing of the complaint.
3. I consent to the entry of a fmal decree in divorce.
f:
r
i
li
L
r
t
L
r
1:
Ii
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to
unsworn falsification to authorities.
Date: JUNE 9, 2003
/JlMJljd j! iJ'fv6
JA~ K. DUPERT
Pia. tiff
',' "~-"
~ '.
N.',
~C_
-~-.'--.: .-'" '- -, /
~,
"~ ,,",., ----..,~-,'
;-,_~, 'c-.,"'" ->)
0,"
,:~:- .-"
-*<_ .- ~ ,"".c ~ '.'"_
() 0 (:~
c G.)
;;: ~=
-om
mrn ~--:,' -T_
Z::p
Z(:"
Wee \~
~C: --";()
'-0 f" ~"r,
$(':) ..~~
Zc r'.)
):> c:
z <" )>
:<l 'D
.r:- ~<
-"
, _'_~ e' ':
"
-,,',
-'-'-
,,,;-,~,- ~ ".. ,- .,-
."",-,'<',.
'. _;i;';0\,~':;'_: -.,- . ':.,:;> ;,: --, _c,-,i,L. ,",-- ,-- --, -"t; '--;~"_'" .", <" '_;:'::
JAMIE K. DUPERT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
00-5438 CIVIL TERM
JASON M. DUPERT,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a fmal Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses in 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 ofthe 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: JUNE 9, 2003
fir'" J! fJ~-i-
JA K. DUPERT
PI tiff
, " u ""~~ - .~,,,;;-..,
:I' e "~ , ,.,. ~ ;~ ,,-
<'-'. ,
-,-
0 c:> ()
C (.-.-, -en:
:r
.::>.
-01.::0 ,"-
92~E '-,,,,
zr;::' I ::.~ '"
~!b -, <7-:::}
~t: 'v ."
p{-:- c.
ZCC
>c N ::.J rl1
Z ~,....,;
" ~-
=2 :J:i
.1=""" -<
.". "~, "
.
.6ii
.', '~;' :J-_ .,', '
,--'-,:,-------- '"
~" ".-"- - '.. '." .~, ' ' ,
, --",,---:, -'--"----,-','."--' -'
.-, ,- ,c ;"-" ,I ~,;",;";c,;,(,,, ,..,;.,",,- ",,,__ -'" -_"""""--"'Wc'~;'~'" ;,~,o,' ,'_'> _, ,..\. ~,_ " ~,(
JAMIE K. DUPERT,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
00-5438 CIVIL TERM
JASON M. DUPERT,
Defendant
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
August 4, 2000.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of the filing of the complaint.
3. I consent to the entry of a [mal decree in divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to
unsworn falsification to authorities.
Date: JUNE 9, 2003
c< 21~~:~?=> --
Defendant
'.<<
N ~""" -'
.
" ~'--
~-~-
~ -'. "":',:,~. --.-i~::~--"1iW ;'
- '''''' ~~,~
""'<"
'".:
"ii
,-,.
'"
".....
0 c, c
c w -'r~
~" ,.{
-o.~" ..
'-~,'
f11n~, ,..-
Z:L
Z:C" -"
(/) , \D
-<~, ,(j
(;2L ~---c") .' -1',
"T1
:PC ~.~~ --:(~
z .~ :_~r-1l
;i>e. r:~i
c::
Z; r:- "1~'
=< f'-' ~
~'
".
-- .-
"I
,. ,,'
-"""j,,'..-::-;-.';.,*
, ',-,,-,-",:---,-
,iL ,',,",--.f _"""" ""',".:,", "",~<~_.J:'<'-"'"';,. c~-,"-'.
.; ~,- ,-;",:t~
JAMIE K. DUPERT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
00-5438 CIVIL TERM
JASON M. DUPERT,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
I. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities,
Date: JUNE 9, 2003
<:/"-~
~.."".
-" ~
'JASON M. DUPERT -~
Defendant
0.11I.
-~",,-,-,.
,:0'
~,~~,~<-
.d _~__" ..._. ~,
-','-,,'';, -'",
. . -, ,,,;;~ ,
'.',-
()
C
;s:
""0 OJ
f1l r~-\
z:r'
zr;-
~:t'
!;2C
"T~"'-"
Z'--
c-O
;pc
z
:<
-
,,"'
C}
~~".>
L-:::;:.
.-,,"
Ci
':'{r,!
--;,,,
,
,r,
,
C}
~
--:1
-"
-:.- ~ )
...,..,i--:r:
::::-~
55
-<
~0
r'0
,;:-
<,J
-
'~".
"'.-- ~ '-'-~~"" -~~'"-'.' -'-, ~-"'''_. .~;-."". '-'-. '~--""'
",.",-"., --
C~,_ '.,."J,,-,'- "'~'.,. ~-,"'., --;-0,;,' "k~1;,,;;8;.~-'<;,;',^,"~,'" ::-";;;',--._;~;,j"~'-',,' -', . :'-e' :"" ..~
=' '-'-.,
JAMIE K. DUPERT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
00-5438 CIVIL TERM
JASON M. DUPERT,
Defendant
IN DIVORCE
DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT
The defendant, being duly sworn according to law, deposes and says:
I. I have been advised of the availability of marriage counseling and understand that I
may request that the court require that my spouse and I participate in counseling.
2. I understand that the court maintains a list of marriage counselors in the
Prothonotary's Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I
participate in counseling prior to a divorce decree being handed down.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: JUNE 9. 2003
;=~~--
JASON M. DUPERT
Defendant
""" , .~- :tiIM ~,'..' '.~- , .~ ;':;, ," , ~,.' ,~,,'~'" -"'0' " .,-~, -;' , "
\1
~
11
l'
I
:j
0 C_~, 0
C [.",'J "11
s: '.--
v'ce,1 . ,"]";;;-::
rnrn
Z:!:' , 'i
Zr-,' -'C'C'._,r
~:~i': , ["; 1 ~:-~;
;;:C.J --=:J "T
.'\:-J -<.:2:2
~l--- ,- ,~<ff,
~O r-;::
>c ,0
,..:'"-1
~ r:- "t.-.....
"01
fv =<
._".~'M
, .
.
If
. . -- ~
"',,
. - <-, . '""'J' ,~
.'--.
" ----"',-~--"'"-.--
').""d'",~-_""" ,.~',,,'",._,', ,.'.'_.' ,; ,.--.
JAMIE K. DUPERT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CML ACTION - LAW
IN DIVORCE
JASON M. DUPERT,
Defendant
NO. 00-5438 CIVIL TERM
PRAECIPE TO WITHDRAW APPEARANCE
To Curtis R. Long, Prothonotary:
Please withdraw my appearance from this case on behalf of the Plaintiff, Jamie K.
Dupert.
Respectfully submitted,
Date:
LEGAL SERVICES, INC.
BY:~~lf~fJ
Maryann Murphy, Esq. ,-/-1
LEGAL SERVICES, I NC. now
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, Pennsylvania 17013
(717) 243-9400
PRAECIPE TO ENTER APPEARANCE
To Curtis R. Long, Prothonotary:
Please enter my appearance on behalf of the Plaintiff, Jamie K. Dupert.
Respectfully submitted,
By:
Date:
i0'--
~ltJL'ffl _ ,e,-",.
'~-
'" ~
"'~_"'_ ,.,'e,.
-
i., c..:'=~; Oi....' ,~
' "." ~ "~ -
"" ',.,",
."
- ~" '"",, - _" c-'''' - . ,
. .-~ -,',
'-', c-~c,
0 a C)
c:: N --q
~ c:> :~:rJ
"Om /71
n1rr; (J
2::r I -,-t:11
65~- w :~;~
~c "
)i._ ::~ 'c~o
Zl) ~ (~m
):>8 --I
~ ,~
N :iJ
-<
-.
M