HomeMy WebLinkAbout01-1428 FX
If. If. ;lilf.
If. If.If. 1f. If. 1f.
-'-'
<l,' .
','-,''",''.
'~' ~." 6_ ,; '~.'
If. If. If. If. 1f.
<;
<; <;
If. 1f. If. 1f.1f. 1f.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
<;
<;
STATE OF
<;
<;
<;
<;
TERRY L. JONES,
<;
Plaintiff
<;
.
VERSUS
<;
JOHN F. JONES.
.
<;
Defendant
<;
.
.
<;
.
<;
.
.
<;
AND NOW,
PENNA.
No,
200]-]428
DECREE IN
DIVORCE
~ ,3
~d:~.tIl .
,t3f:t>{ , IT IS ORDERED AND
DECREED THAT
TERRY L. JONES
, PLAINTIFF,
AND
JOHN F. 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;
<;
<;
<;
<;
The Marria2e Settlement A~reement dated Auril 1. 2005. and si2ned by
.
<;
the
.
<;
<;
<;
<;
<;
<;
<;
<;<; <;
<;
ed.
ATI"~
PROTHONOTARY
<;<;
<; <;
1f.lf.1f. ff.
<; <;
,~, -' ,. "\'.
<;
<;
<;
<;
<;
<;
<;
<;
<;
<;
<;
<;
.
<;
<;
<;
<;
<;
.
<;
<;
<;
<;
<;
<;
<;
.
<;
<;
<;
<;
<;
<;
<;
J.
.
.
.
.
<;
<;
<;
<;
.
.
<; <;
!lII'('
""'-"*~~~~fiiflII\~"""'-~. ."~,~...,,,...Olii_~~~~";'"""'~"'~ ~ ",~.~"""-,,.-l..,.,_ "'~-
?'r~ JiV ;;(; ~~~ 7~ii,
~/'M< If?? 1- pp~44v -1'"'7J
,....".". $I
\ ". ~ ~,~
t5
pb
'l!! .~, ,>~
_ .,"~ ~',c."~. ,~~'"_~.r "> ,~" ~ H,,~""<"" _=" ,.~"_
~ - ~ ~lilIIiW;.<'- "~.
50" ~/I
J(l (X"/I
- ~, -
""
< , "--"-'""
.',
. ~ . - - .. "-. "... ,...,-
. <TW n<,,-,~~_ "".""
~.',,",. "," ~
TERRY L. JONES,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
2001-1428 CIVIL TERM
JOHN F. JONES,
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:
1. Ground for Divorce: irretrievable breakdown under Section 3301(c) and/or (d) 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, John F. Jones, through his attorney, Stephanie Chertok, Esquire, on or about
March 15, 2001. The Acceptance of Service was filed with the Prothontoary on or about April 3, 2001.
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: February 9, 2005; by defendant: February 21, 2005
(b)(l) Date of execution of the affidavit required by Section 3301(d) of the Divorce
Code:
(b )(2) Date of filing and service of the plaintiffs 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 plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: March 3, 2005
Date defendant's Waiver of Notice in Section 3301(c) Divorce was ftIed with the
Prothonotary: March 3, 2005
Date: April 6, 2005
~Ii~ill ~in:tiJ:..~ ' "'Jj='''''"~~
!~~,' .."
"0 '~",'__>'_"''''''''''-9~;','''''''''''"
..~, , - ~ ,",'
d"
"-,~,' .,.
-""", ,>, 'li,'''''''' -,~v,.,
'^ ","c,"~:f__~_''-,''_,,'''~''-'' ,~".
,_','_r,',~,,''''
"
"""'
""-""
-
'.--,-,
o
G
<
""01;'3:1
rnp\
2::;'
ZI~>
0!~:~.
e:::C)
J:;(-;
-"--0
':P'c:
'-7
=:J
.......
, ~i,
,...,
g
='
;!;Q
:;0
1
0'
~ ~~.=~.
-0
::J;
N
.,
o
-n
~-n
rtlF
-"m~.
::p
o
.::..t-r:i
::C-n
QB
L.-rn
S
"po
~
(,."'1
..0
\
~
~,' -
-~.
~ -.. ,,~,~'"~ "',~r_,,,,_,,'~ ,~< ~~..'~"","~~,,,"'~'~.'<"" --- - '='=",Vg,,,~, > C ,," "'\:-y
''I:~' -?
MARRIAGE SETTLEMENT AGREEMENT
TIDS AGREEMENT made this 1:3f day of ..dor; I
, 2005, by and between
TERRY L. JONES, (hereinafter referred to as "WIFE") and JOHN F. JONES, (hereinafter
referred to as "HUSBAND").
WITNESSETH:
WHEREAS, HUSBAND and WIFE were lawfully married on June 28, 1972; and
WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between
the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest
of their natural lives, and the parties hereto are desirous of settling fully and finally their
respective financial and property rights and obligations as between each other, including, but not
limited to the settling of all matters between them relating to the ownership and equitable
distribution of real and personal property, the settling of all claims and possible claims by one
against the other or against their respective estates, and the equitable distribution of property and
alimony for each party.
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 standard, with due regard to the rights of each party. It is the intent
. = ""'W"_o. '"'.' ""
"', ""'" .W ~""-;;'_"O or,,,,,,.,,,, ,'" ,_w. "'_,'_C">" w,'",,' .;.- '""'<:';"="-'''''~_'''''--"'''';1-.:.'''''','i' ..' ,""_,,,..,," "'C
.' "
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 continue 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 carry 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, or if not represented by
counsel, understands that he or she has the right to counsel: WIFE is represented
by Douglas G. Miller, Esquire of Irwin & McKnight; HUSBAND is represented
by Stephanie Chertok, Esquire;
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;
2
..\'i)
& -- .,.~ ~',~. '~'; "",-",'
'<',"~; ','~- ,-,..,_ - "",",, ",,^>,,,,,,,,.-.~-.,,,-,,,- -". Jic ""~c"",''''''C:'',';'6'''_1'.V-i::&;;.'''H''
.. "'~
c. Is entering into this Agreement voluntarily after receiving the advice of
counselor after choosing not to consult an attorney;
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 subject matter and legal effect of each provision.
This Agreement shall become effective immediately as of the date of execution.
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 the 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
3
- ~- -' <
'. 0'___.,., .~>. .,.,~",.,~__^ "".,,,,,,,,,,,,,.,,'
';';,'
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 ofthe 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 behalf of either or both Parties during
marriage.
7.
REAL ESTATE: With regard to the marital residence located 150 Stone Church Road,
Carlisle, Cumberland County, Pennsylvania, HUSBAND and WIFE agree to list the property
for sale within six (6) months from the date of this Agreement and transfer said property to a
third party at a purchase price which is agreeable to both parties. Further, HUSBAND and
WIFE covenant and agree that during the six (6) month period HUSBAND shall maintain the
property in conditions which would effectuate the sale of the property as soon as practically
possible, and covenant and agree to use their best efforts to effectuate the sale. Until such time
as the same is sold, HUSBAND agrees to be responsible for the any mortgage payments on said
property, and also responsible for the related costs to maintain the property, including but not
limited to real estate taxes, insurance, and any regular maintenance and repair costs. After the
property is sold and the costs and expenses, including those expenses outlined above, have been
paid in full, the balance of the proceeds from the sale of the property will be divided 60% to
HUSBAND and 40% to WIFE.
8.
SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to
pay spousal support, alimony, alimony pendente lite, or any other financial support to WIFE,
and that WIFE will not be required to pay spousal support, alimony, alimony pendente lite, or
any other financial support to HUSBAND. The parties thereby waive any rights they have to
4
=-~'"
_ ~. ."~'O. -=>'"'.~"~-~,"-- -~'-='~~'r_'
"--'Y"?jl
receive spousal support, alimony or alimony pendente lite payments from the other either prior to
or following the entry of the Divorce Decree in this matter.
9.
PERSONAL PROPERTY: The parties agree that the personal property has been
divided to the parties' mutual satisfaction. WIFE hereby waives all right, title and interest
which she may have in any personal property of the HUSBAND. HUSBAND likewise waives
any right, title and interest which he has in the personal property of 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 HUSBAND or WIFE with full power
to HUSBAND or WIFE to dispose of the same as fully and effectually, in all respects and for all
purposes as if he or she were unmarried.
10.
AUTOMOBILES: HUSBAND hereby waives all right, title and interest in any vehicle
that WIFE currently owns or may own in the future. WIFE shall hold HUSBAND harmless for
any and all liability associated with the use and purchase of any vehicle she may own, and shall
be solely responsible for all insurance and other financial responsibility associated with said
vehicle. WIFE hereby waives all right, title and interest in any vehicle that HUSBAND
currently owns or may own in the future. HUSBAND shall hold WIFE harmless for any and all
liability associated with the use and purchase of any vehicle he may own, and shall be solely
responsible for all insurance and other financial responsibility associated with said vehicle. The
parties acknowledge that they have previously signed documentation to transfer vehicles into
5
,
r'~ ,~,
" '"=~ >--~'~"''',. ,-", ,-, '.'." ."""<~ - '.' \' ,,"-'v, u,_"^ 01.---" ""f,-'~"~"-""'''''';~', "'A"w.:."M.a,;w~,,, _.;;;,,!-_ C', ' ' ,.~io.:ki,:
their individual names. They further agree to execute any and all additional documentation
which may be necessary to confirm said transfers.
11.
MARITAL DEBTS: The parties recognize the existence of the following credit cards,
, loans, and debts:
1. Discover Card;
2. First National Bank credit card; and
3. Sears credit card.
Since the date of separation, HUSBAND has made payments toward the Sears credit card
and WIFE has made payments toward the other credit cards and debts, which obligations were
incurred during the man'iage of the parties. The parties agree to continue making payments on
the above credit cards until they are paid in full.
In addition, it is mutually agreed by and between the parties that WIFE shall assume all
liability for and pay and indemnify the HUSBAND against all debts incurred by WIFE after the
date of separation. WIFE represents and warrants to HUSBAND that since the parties' marital
separation she has not contracted or incurred any debt or liability for which HUSBAND or his
estate might be responsible and WIFE further represents and warrants to HUSBAND that she
will not contract or incur any debt or liability after the execution of this Agreement, for which
HUSBAND or his estate might be responsible. WIFE shall indemnify and hold HUSBAND
harmless from any and all claims or demands made against him by reason of debts or obligations
incurred by her.
HUSBAND shall assume all liability for and pay and indemnify WIFE against all debts
incurred by HUSBAND after the date of separation. HUSBAND represents and warrants to
WIFE that since the parties' marital separation he has not contracted or incurred any debt or
liability for which WIFE or her estate might be responsible and HUSBAND further represents
and warrants to WIFE that he will not contract or incur any debt or liability after the execution
6
1:':
. ~'~~~-~ ., ,.,",.,,~,~~~, ~ "."".'_'~~"'~~',.,~~"~>".~" <'~'~;';,,"-iftli
of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall
indemnify and hold WIFE harmless from any and all claims or demands made against her by
reason of debts or obligations incurred by him.
12.
INSURANCE AND EMPLOYEE BENEFITS: The parties acknowledge that WIFE
previously signed documentation waiving her interests in the 401(k) Plan of HUSBAND, and an
IRA with Commerce Bank in the name of both parties. The parties also acknowledge that
decreasing term life insurance policies lapsed for lack of premium payments. The parties agree
that any remaining 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.
13.
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 and likewise HUSBAND agrees to waive all right, title and interest which he may
have in the savings or checking or any other bank accounts of WIFE.
14.
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
7
--~
. - ~,",'. .,~ ~''''...' ~'.' ~ ,>..,-- ',".~='.' >_"..,_,~ 0'""'-' " . ";.,~ -~" do,', '_4i"--i"O.__".>,[""",,, ""', ~,< ,~_;
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.
15.
BREACH: If either party breaches any provisions of this Agreement, the other party
shall 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 shall
be responsible for payment of legal fees and costs incurred by the other in enforcing their rights
under this Agreement.
16.
ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
17.
VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel, 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. It is the
parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall
continue to have independent contractual significance. Each party maintains his or her
contractual remedies or any other remedies provided by law or statute. Those remedies shall
include, but not be limited to, damages resulting from breach of this Agreement, specific
8
'"
T
w" ,,~, ." '~. '^ - ;,.~"<_". *-.,,--_,,~., __ ,,'" '''_._~,"','" .""'~ "", . ~'_'''~'~'''',''<,~'
'"
":':::11
..
enforcement of this Agreement and remedies pertaining to failure to comply with an order of
court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel
fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in
effect and as amended or hereafter enacted.
18.
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.
19.
APPLICABLE LAW: This Agreement shall be construed under the Laws of the
Commonwealth of Pennsylvania.
20.
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.
21.
PAYMENT OF COSTS: Each party shall be responsible for their own attorneys fees
and costs incurred in the settlement of the divorce and economic issues surrounding this divorce.
22.
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
9
~ ~,~. ~,., '. ."' ---.'"~" ,--<.<' _'~_ =. ,',', ,,' _"'A_+"_ "'.,," ~'". ~',,,,,",> ~'';;:'' -'-"_',~!:
, .
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, curtesy, 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.
WITNESSES:
J(l{l~M~~'L
~~~
/
/
(SEAL)
(SEAL)
10
. --~ -'- ,-.,~'.' -,'- ,VV"','''- '''~'.='~'' ".~. ",'~,' ""'_0"""'" "'m;,~""'F.-'-""-''''''''''''~,~...",.<c.==-;,,',;;, _", ,,,__ ',;:
SS:
; . \
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this L day of /}r;r/
2005, a Notary Public, in and for the Commonwealth of Pennsylvania and County of
Cumberland, TERRY L. JONES, known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within 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.
COMMONWEALTH OF PENNSYLVJ\NJA
Notarial Seal
~n S. Noel, Notary Public
eorl..le ~~, Cumberland County
My Qlmmiss.on Expires D...8, 2007
COMMONWEALTH OF PENNSYLVANIA
: SS:
COUNTY OF CUMBERLAND
:
PERSONALLY APPEARED BEFORE ME, this J!I! day of ~
2005, a Notary Public, in and for the Commonwealth of Pennsylvania and County of
Cumberland, JOHN F, JONES, 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.
11
'",
~"
.iL
r: ._,,~~,
,,-~
, ';',~'~;~~' ~Jf'
~,;,. '.:;;,~ - .
Iiii';":' - -~.' " ,
'C_;,.
."
.;.,.
,..F
(")
~:;
-r.l tr~
~~ i~~
en '.,
-<
c~
~~.8
);c'c:
-y
:'::l
-<
~~
.
,
..
....,
=
=
<J'
~
;:0
I
0'
~
---\
::t:::!J
r<'r:::
..",m
56
-I,!
:c"
Qo
L-rn
~
~
'<
--0
:;g::
N
.,
Ul
0)
.," ~---. "._'~ ~,~".~' '~'~ '. "."'~'p """,,,.,' ","'b~<',,",'" jc,'!;,',~~~""'-;,,...+--'H_'~.." ,-,''-''''''~d.-/':''';'---''&.>;'''",'~g',r;;'U:;:i.J:i~~''el~''--''''-''''''');!Fs'''; ".X'-; ,~ -~~~''';''f-~:!
TERRY L. JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2001-14")'1 CIVIL TERM
JOHN F. JONES,
Defendant
IN DIVORCE
NOTICE
You have been sued in court, If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a decree in 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, 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 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, Pennsylvania 17013
717-249-3166
1-800-990-9108
~.'o
.-
'._,,~ c' '_,,,", ,~ \,,,-,,,~",, ~_, ,'<r ~""""' ",.," ,~",..' '>'iV^."""_"O","~'" ""'M",-,<-,).", -.'~, ,,' :';''':''.__\:''j
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,
='"".
. _.-=
~~,,"'C'. ."..J' T" '-F" '" "~,..--
"""'. ; '--.:-,,~,~=~ "..,.,,', "-'''.01 --"",.",,~", """-'~'"""'.' d>''''~'~''''''<\i;%i;&~;;)'';'',,-,,,, ' - . ", 'ft
"
TERRY L. JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2001- 11./.21 CIVIL TERM
JOHN F. JONES,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c)
OF THE DIVORCE CODE
NOW comes the plaintiff, Teny L. Jones, by her attorney, Douglas G. Miller, Esquire, and fIles
this complaint in divorce against the defendant, John F. Jones, representing as follows:
1. The plaintiff is Terry L. Jones, an adult individual residing at 150 Stone Church Road,
Carlisle, Cumberland County, Pennsylvania 17013.
2. The defendant is John F. Jones, an adult individual residing at 150 Stone Church Road,
Carlisle, Cumberland County, Pennsylvania 17013.
3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months
prior to the filing of this action in divorce.
4. The plaintiff and the defendant were married on June 28, 1972 in Potter County,
Pennsylvania.
J;;
-'''K'.'><-,'.'. ~.. <
5. There have been no prior actions of divorce or for annulment between the parties.
6. There were three (3) children born to this marriage; namely, Christopher R. Jones, born April
3, 1980, age 20 years; Eric M. Jones, born January 29, 1985, age 16 years; and Zachary S. Jones, born
January 18, 1990, age II years.
7. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which
this action is based that the marriage between the parties is irretrievably broken.
8. The plaintiff avers that she has been advised of the availability of counseling and that said
party has the right to request that the court require the parties to participate in counseling.
WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two
parties.
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
By: ~/Ll/ I. M~
Dou s G. Mmer:Esquire
Attorney for Plaintiff, Terry L. Jones
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Supreme Court I.D. No. 83776
Date: March 12, 2001
"
"~ . ""~~,"O' '"'7 ,-~. '~J'-.'_'''_ >~:,>,~~"iO' .;,"',4ii';,b'_ ""'<"_ 'oX.
I
I
VERIFICATION
The foregoing Complaint is based upon information which has been gathered by my
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unsworn falsification to authorities.
Date:
March 12th
,2001
'-' ~~. ~~~ >'0-,,"""- ~"'~-,,,,,",.>,' ""., ""'," ;'-i::j
,
I
TERRY L. JONES,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2001 -
CIVIL TERM
JOHN F. JONES,
Defendant
IN DIVORCE
PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT
The plaintiff, being duly sworn according to law, deposes and says:
1. 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.
,2001
Date: March 12th
JJ.
,~... '~'i
,0 '''-".,''.' ~"-'~" .-"''''"'"''''','.'''",''-.''....,., ",.-",,", "'""""",,,,,,~,,,,,,,,- -"J",'~'.""'+.'~'~ii,"",',--"",-"'>,,",,.'.;;-;,;,;;;,C,,L;;;;.&.,;;;;;',;C:,j~,'io~,,',_,'___ _ ". ;~~
,
TERRY L. JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2001-1428 CML TERM
JOHN F. JONES,
Defendant
IN DIVORCE
ACCEPTANCE OF SERVICE
I, Stephanie E. Chertok, Esquire, attorney for the Defendant in the above-captioned
divorce action, accepted service of the Complaint in Divorce which was filed on March 12,2001,
on behalf of my client, John F. Jones.
~dK
// Stephanie E. Chertok, Esquire
Attorney for Defendant
61 West Louther Street
Carlisle, P A 17013
717-249-1177
Date: March I ~ , 2001
j~~--1Jil!i
:11",. __.'"
=~ -
M'~.
.~ "
j~o"",,~
,
c"'~'';;',"'
~^'
.,-",_~w"o;,-
'0_'
..--~, ~~"".?,,"
.'..,:'"
'--'~ ,',
"',',:;.
""'
~ '" ":__r."
~--"",,"
,
n
i=
;;C'
~g;~
;:~:r
~):.;
-<. .::~"
c;:C)
j>C-'
2,'-;;
PC:
~
=<
-
"","
'n"
o
~
-G
--,-,
-.
I
c..,,)
"'0
x:.-
=>
U1
..."
=<.
1f
~'~, -. . .-." ",~,~.,."..,,~ ~~~,.~ -- ..,,, ".'., """l>A
.1
,:1
v.
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
,
,
';!
',I
;'1
8
,i
I
1
,I
j
I
.1
I
J
"
"
'j
i
:!
"
:~
I
~
1
:i
:]
1
i
~I
"1
.1
'I
,
;'1
,~
:1
,j
J
1
.1
~
i
~
~
"
~
TERRY L. JONES,
Plaintiff
: 2001- 1428 CIVIL TERM
JOHN F. JONES,
Defendant
: IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed on
March 12, 2001.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date ofthe filing of the complaint.
3. I consent to the entry of a final decree in divorce.
4. 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.
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:
A/1/0r
I /
(
~i~' ~,'"
,,~ L
\9
&\j
~ -",'""Vi'",
':;Illl
ilil~
,.,~,~"-"""',h"_
",'~~-
'- ,,~
~
-, '-,' ~~~
("
.,.;;,'0,1;;",""
, <~.
_~_",P''''','b __C'~," .
.~ ", - '-
~-
..,.-
>
"
,.....,
=
=
en
:Jii:
;:0-
:xl
I
W
o
-n
:2..,.,
rn-
M
:.8q
06
-1*T~
~-n
Co
'7
Om
--I
11
"<
~~
~
U1
0'>
(:
_ ",~ _ _ "<. ,~_ 0'
.",
. ~ . , " 'c:--',. ., "-<~ V~''''''''O-'' ,.,- ",-r '_~~.:i~, <, :,0', '.'. 'u ,,""' ;""~C'",~j:;"",,,,/. ,;;~~jjz'i';h''''''', ."C,,'. __"'",,', /,' ~"'2/~,:j
j
'J
:1
j
TERRY L. JONES,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
: 2001-1428 CIVIL TERM
JOHN F. JONES,
Defendant
IN DIVORCE
: IN DNORCE
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 final Decree of Divorce without notice.
I
~1
~
I'
J
:1
'I
.1
I
l
1
,
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:
~ 1'110 S-
I I
~~'J'l'.'l idI..
1,,)
',-(
~
II'!!" ~.. ~ ,'~'l"<~
. ~"
,..>---
"'~ ':':":':,<'~~'"<""'
~
~, .w,'
""" "--
- C!~"- 'l~iIlf
_....
,~
..',,-, ;'--"'^
'"
p'
h.
w" 'I. '~'
(")
~:;
-.UC:r:j
rnrTi
~~~~;'
r'"
-
~~~
:::1
-'
-'-
"',,",n..
"'"
~
=
c.n
::!l:
"""
;;,.,
~
:2"
m-
"h1
:09
0(-)
.-j-./;
::I'~!l
9,:.;
'<:m
()
~,
>
~.o
-<
1
W
~
_i,,,
r:y
(J1
0"
~-, ~- ~. .--~ --"" ., ".. "
.~ .,..,,~,.. , ~, .~- , "'.-'.-,,, .
0"0-, ''- ,~ c'_',,"', _ ".-
",<,.,,'
'. ',C:,";' ,;, ''''''i'':;w~ 'ch:--"'"'",,~~;'"~'-"q.,:iii:~,;:' " '" :,,:.;;,c:~;:;,,p,;"~:;jj;;:';'~';',~ ,_ '
,",",.",~_;;.~i~,:;:~
TERRY L. JONES,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: 2001-1428 CIVIL TERM
JOHN F. JONES,
Defendant
: IN DIVORCE
WAIVER OF NOTICE OF-INTENTION TO REQUEST
ENTf,Y OF ~ DIVOR.CE DEC~EU~ER
SECT ON 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary,
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: ).. ;"'1.0>'
~j
tI /
,,"-
'y.,
.~,,"::"'';ii.:jli1iC
Jb ',\\
t>-\
,"-..",., ,,'~ ,'~~,<.~
. . i:~ci,;,,~ ',-,,"
~
. - =
",';' ~~. ";;"'"-",,
. >.. ,~ -,~ ",,",
. ~,~ ~-'"
__J 'i<',
<"'-
o
'~f,~
-0 l~C
~s;
:?-;C::.
......1; ,
:p"C::
f.~
--<.
.
.~,'~ --
~', b'-'
~=.
,~
""
c..)
=
e,n
:x
;l>'
Al
I
W
o
-11
.-<
FE f!l
'01:9
::OJ
00
=;:t:n
O::...U
..,~
~
-""
~
-t]
-1~.
-
N
..
Ul
en
'- ,"<~'",,"~"C>, ="'~~~_.c 0C" ~',"', ~'~ -'0'," "",,, t.,.,""",, ',.' "."" ',--'-' ._''''"-",.",, ,,'.i '..' , -!-',,,,>, n, '. >~ :"',;<0;;,,.j'..,i,<" ,"',' ,.,"';'; ),-::,-, ';-:-'i,~' ,i;:-\ )C{":~;,,-;;;;,~,,~;/:,,.>~;,,:;;,;.;r,,:.ci, y:\ "'-'-.,;'.; :;;::,':; ,':;--" -~ ;~~J
I;;
!
TERRY L. JONES,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
2001.1428 CIVIL TERM
JOHN F. JONES,
Defendant
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
March 12, 2001.
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 final decree in divorce.
4. 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.
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: CR., ;U. OS
~2''''-'-''''MI'"-
fo~
~ ~""
:"" ii.;"-~,
~_,_.", '" ." 'c'.
J.
.~ '" r
"::~~'-;~,
~
,,, ':,~oo."o". """
.~ ' , ,--,', ";".,, ,~'~i~~'
,. . ~'
,~'" I;
CJ
;-f1~~:
~i~'~::
~':()
.<.~
tf~
2;;
=<
, ,~,-"
',.",
'"
=
=
en
::x
~
I
W
o
....,
--:l
::J::J]
rll,-
'0 e:l
~~6
c
:2'~
O:L
:"-"'01
":-1 ~.
sa
~
. ,
-,
-0
:u::
r;.?
U1
0'>
"'
"
L
"-""i'
In The Court of Common Pleas of
Cumberland County, Pennsylvania
FileNo.
2001-01428
JONES TERRY L
vs
JONES JOHN F
STATEMENT OF INTENTION TO PROCEED
To the Court:
Plaintiff, Terry L. Jones,
intends to proceed with the above captioned matter.
Date: Sevtember 30, 2004
~$ ~v-
Attorney fa Plaintiff
Supreme Court I.D. No. 83776
60'West Pmnfret Street
Carlisle, PA 17013
(717) 249-2353
-i.M'~~~",1'JI~~~~~1:-Jl&il"'Jli1l!~1!l!jiFtiii-iMi"h"Wiibilliif~'&!W.'!\i~'~"iibi!iftriUl[''f '1 11!i"
,~,~" ~b ~_
,~,
iidii_illl~~IlW-L..L ~~ - ~
;J;
<,,;,]
~,~I
.'~. - ", 'ii-
(") ~ Sf:
c =
,,- J;:-
~\Jl:;;; <n :2
nlr'h r1"'J
~;:!' -C m;;g
015;:, w egg
!;~ r5 0 0
-- ~~
~:c) "
=() ::iI:
>(.::: ~ om
Z ~
:;!
-...j -<
~