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HomeMy WebLinkAbout99-01446 NOW. TI..:Rf:FORE, in consideration oflhese premises and of the mutual promises and undertakings hereinaller set forth, IInd for other goud IInd vllluable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, each intending to be legally bound hereby, covenant, and agree as follows I. ADVICE OF COUNSEl.. The provisions of this Agreement and their legal effect have been fully explained to the Plaintiff and to a limited degree to the Defendant by counsel for the Plaintiff, Susan Kay Candiello, Esquire of Gates & Associates, P.c. Mr. Jones has made an independent decision, against the advise of Plaintiffs counsel, to proceed without counsel. Mr. Jones has signed a Waiver of Counsel, which is attached hereto and made a part hereof. Plaintiff has received independent legal advice from her counsel; Mr. Jones has made an independent decision to proceed without counsel. Each party fully understands the facts and has been fully informed as to their legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge, and that executioo of this Agreement is not the result of duress, undue influence, any improper or illegal agreements. 2. PERSONAL RIGHTS, The parties may at all times hereafter, live separate and apart. Each shall be free from all control, restraint, and interference and authority, direct or indirect, by the other. Each may reside at such place or places as they may select. Each may, conduct, benefit from, carry on or engage in any business, occupation, profession, or employment which to them seems advisable. They shall not molest, harass, disturb, or malign each other, or the respcctivc families of each other, nor compel or attempt to compclthc olhcr 10 cohabil or dwell by any mcans or in any manner whatsoever with the other. Neither pany shall interfere with the use, ownership, enjoyment or disposition of any prDpeny now owned by or hereafter acquired by the other. 3. MlJTUAL CONSENT DIVORCE, The panics acknowledge that Plaintiffinitiated an action in divorce on March II, 1999 in the Cumberland County Coun of Common Pleas docketed at No. 99-1446. It is the intention of the panies that by Ihis Agreement they have resolved all ancillary economic issues attendant to this Divorce action. The panics also acknowledge that the ninety (90) day waiting period provided for under the Divorce Code has expired. Therefore, both panics agree that, each shall sign and file a Waiver of Notice of Intent to Request a Divorce, Affidavit of Consent to Divorce with Susan Kay Candiello, Esquire, counsel for Plaintiff, to be submitted to the coun with a Praecipe to Transmit Record, Vital Statistics Form and any and all other documents necessary to precipitate the entry of a divorce decree. EOUITABLE DISTRIBUTION 4. MARITAL RESIDENCE. The panies acknowledge they have sold all that cenain real propeny and all improvements thereupon located at 5220 Oxford Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055 (hereinafter referred to as the "Marital Residence"). The panies at the time of the sale ofthe marital residence reached an agreement with the Plaintiff's father and mother, William C. Dunn and DOllie H. Dunn with respect to the additional monies owed for the expenses which Mr. And Mrs. Dunn had . loaned to the parties until the marital residence was sold A copy of the Agreement has been allached herelD and made a parllhereof 5. 1I0llSEIIOLD AND PERSONAl. PROPERTY. The parties agree upon Ihe signing oft his Agreement sny and all right, title, claim and interest in and to all of the marital property is transferred snd assigned to the party in possession of the property at that time. This Agreement shall conslitute a sufficient bill Dfsale to evidence the transfer of any and all rights in such property from one party to the other. 6. AUTOMOBILES. The parties agree the Plaintiff shall relain possession of and receive as her sole and separate property the 1989 Grand Am Pontiac, along with the rights under any insurance policy thereon. This automobile was the Plaintill's premarital property. Plaintitl'shall indemnify and hold Plaintiff and his property harmless from any liability, cost, or expense, including allomey's fees, incurred in connection with the automobile. The parties agree the Defendant shall retain possession of and receive as his sole and separate property the 1986 Ford Ranger, along with the rights under any insurance policy thereon, and the responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon. Defendant shall indemnil'y and hold Plaintiff and his property harmless from any liability, cost, or expense, including attorney's fees, incurred in connection with the automobile. 7, PERSONAL LOANS AND DEBTS, The parties have no joint marital debt other than the debts associated with the Marital Residence as stated above in sub-section 4. 8. PENSION. Rf:T1REMENT PLANS Rnd UfoE INSURANCE. Plainliffhereby waives, relinquishes, and forever abandons any interest in and to any of the Defendant's pension and/or retirement plans. Defendant hereby waives, relinquishes, and forever abandons any interest in and to Plaintifl's pension and/or retirement plans. Plaintiff and Defendant shall both execute any and all documents necessary to effectuate the tenns of this subparagraph. 9. COUNSEL FEES. COSTS AND EXPENSES. Plaintiff and Defendant shall each be responsible for their own legal fees, costs, and expenses incurred in connection with the dissolution of this marriage. 10. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each party to this Agreement. II. APPLICATION OF LAW. All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 12. AGREEMENT NOT TO BE MERGED, This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. LISA MICHILLI JONIS, Plaintiff v., IN THI COt1llT or COMMON PLUS or CtlMBBRLAND COUNTY PBNNSYLVANIA DONALD LIROY JONBS, Defendant NO. 99 -1446 CIVIL ACTION . LAM IN DIVORCB PRAECIPB TO TRANSMIT RBCORD 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 5 3301(d) (1) of the Divorce Code. 2. Date and manner of service of the complaint: On March 24, 1999, via u.s. Mail, First Class, Certified, Return Receipt Requested, Postage Prepaid, (See attached green card which was signed by the Defendant.) 3, Date of execution of the affidavit of consent required by Section 201(c) of the Divorce Code: by Plaintiff, July 22, 1999; by Defendant, July 23, 1999. (See attached Affidavits of Consent.) 4. Date of execution of the Waiver of Notice of Intention to Request Entry of Divorce Decree: by Plaintiff, July 22, 1999; by Defendant, July 23, 1999. (See attached Waiver of Notices). 5, Related claims pending: None, C'iQs Susan Kay C Attorney for ~ ~ >-~ y "n to- e., ..... ...., e, ~ 0 ~~ , . '" Vi .n r- ~ - .. ... - Jf c::g:. E) '>- {.r; r' l' ! ( -~ " i ,~ " rJ;. ~:- \ '-<, '" ~ , , '.' - , , .' " L ,- . ... . LISA MICHELLE JONES, PlaintilT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PA YS. NO. 99-1446 DONALD LEROY JONES, Defendant CIVIL ACTION - LAW ACTION FOR DIVORCE EXHIBIT I<A" . -, .... '~-"""-""""-~~r"''''''J: , 'i SENDER' ',;; .Com~ele!l;mS 1 andlor 2 lot addit,onalservicet ' . _ pl,le Ilems 3, 41, and 4b. ,e Pnnl YOU' nama and addross on Ih card 10 ~ou. e tevorse ollhis form so that we can relum Ihis . :e~c::. t Is torm to lho lronl Ollhe mailplece, or on lhe b.3ck if space does nOI . . WrI1e 'Return Receipt Requosted'on lh _. ti . The Relurn ReceiPI will show 10 whom l~ ~lp1a(r e below the article number. delwered, e a"lC 0 was delivered and lho dale 5 3. Article Addressed 10: J OONALD LEROY JONES Go 731 NORTII HIGH STREET 8 DUNCANNON PA 17020 5. Received By: (Pn.nt Name) I also wish 10 receive the following services (for an extra fee): 1. 0 Addressee's Address 2. iXI Resfricted Delivery Consul! postmaster for fee. 4a. Article Number Z 124 051 408 4b. ServIce Type o RegIstered o Express Mall o Rerum Receipt for Merchandise 7. Date of elivery, 3.- J. '11 8. Address e's Address (Only if requested and lee Is paid) 19 Certified o Insured o COO . .~ ,0 .:z.-..- '025''''...''''229 Domestic Return Receipt 1 I j g' 'iI ~ ~ I .. c ~ r=, . .. . - - . I II LISA MICHELLE JONES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA va. DONALD LEROY JONES, Defendant NO. 99-1446 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION '1'0 REQURST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(0) OF DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification of authorities. DATED::j_ a~"'-- , 1999 ~ r, L~SA M~~HE~ JJ~~. .- C'J >. i-. C'C . " ., - , '. . , i:L -.j , , .~ C:"I I") C',: , IJ ==-: Cl.. f , ':~'l ::'1 () a, U ....,' . >- c..) 2: Ii; <': ::.::- r.~ , ~~ III , ~) ; .:. , , , '~:j (,:.j : c "-;', ~';J :", 0..' " , c:: , , 0 . -l. I'~ c:) ::i '-' L', () " . .,' ~ LISA MICIIELU: JONES, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA VS, : NO. 99-1446 DONALD LEROY ,JONES, Defendant : CIVIL ACTION - LAW : ACTION FOR DIVORCE ACKNOWLEDGEMENT OF PROCEEDING WITHOUT AN ATTORNEY I, DONALD LEROY JONES, do hereby acknowledge and declare the following: I. I have been advised of my rights to obtain an attorney of my own choosing to represent my interests in my divorce, 2, I have made an independent decision based on my knowledge and wishes not to obtain my own attorney for this divorce, 3. I have seen the Complaint in Divorce and Marital Settlement Agreement drafted by Susan Kay Candiello, Esquire, counsel for LISA MICHELLE JONES, and state that they represent my demands and wishes for this divorce, 4, I have agreed to a divorce by consent to dissolve my marriage to LISA MICHELLE JONES, Dated: f/tdv d ~ / f tJ '1 ~tl4L~;( ~ DONALD LEROY JONES COMMONWEAL T11 OF I'ENNS YL V AN fA COUNTY or (!.U /J1 &1 I Ct t1 .( On this, the oZ3 r 8;y of 9 tU(j . 1999, before me, a Notary Public for the Commonwealth of PCllnsylvania, thc undersigned officer, personally appeared ss: I I , I I f DONALD LEROY JONES. known to me (or satisfactorily proven> to be the person whose name is subscribed 10 the Acknowledgement of Proceeding Without an Attorney, and acknowledges that he cxecuted the sallie for the purposes therein contained, IN WITNESS WHEREOF, I have hereunto set forth my hand and notarial seal. ,1t"""I, ....., \.. $';t"", 1 .,' (,.......,.., (] "'. .~ IL'r.'.O'''',. '-~, .~ ' ,~.... I ". ~ , ~~!'Y~ ,r (~/(~,~ .-. .... ~ . \ " .... I I ,1,.'... ",10': ~A.". ~#J. V I.' " V ~ 't!~ ,r}o" '... .." ' 10....." -lil',;",,:'''''-. .. I, I " 'Ol""'lllltlll" ~ a tA . d. --<;[/ ~.kt?vk Notary Public My Commission Expires: Notarial Sa.1 Tracl L. Sapkovlc, Notary Public lemoyne BorD. Cumbertand County My Commission Explraa July 7, 2003 Member, Pennsytvanf,J A..\SocfalklnofNolarle8 1 ~ f"- ,- ~ (f: '. <s- ; .. '" ..,. \ '.. '~ ~ - r-: I' ~