HomeMy WebLinkAbout99-04669l
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ?ac PENNA.
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CHRISTINA JONES,
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_.._ _......... . _..........__.. l? U .........................
Plaintif f 99-4669 CIVIL TERM
Vcisns
CARL JONES, v
Defendant
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DECREE IN
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AND NOW, .. , , , . , .. . •? 19 . r .... , it is ordered and
decreed that CHRISTINA JONES plaintiff,
and ...................... CARL JONES defendant,
are divorced from the bonds of matrimony.
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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; o
NONE
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CHRISTINA JONES,
Plaintiff
V.
CARL JONES,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 994669 CIVIL TERM
: IN DIVORCE AND CUSTODY
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. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce
Code.
2. Date and manner of service of the complaint:
By certified mail on August 9, 1999.
3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce
Code: by Plaintiff November 19, 1999; by Defendant November 23, 1999
4. Related claims pending: NONE
5. Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the
Prothonotary: November 24, 1999
Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the
Prothonotary: December 7, 1999
Date:_J v?U`( &yC
Austin F. Grogan s
Attorney for Plai tiff
24 North 32nd Stre
Camp Hill, PA 17011
(717) 737-1956
Id # 59020
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I, Austin F. Grogan, Esquire, hereby certify that I did mail a true and correct copy of the
Praecipe to Transmit the Record in the above-captioned matter to the Defendant, Carl Jones, on
December 9, 1999, at his last known address:
Carl Jones
2339 Ft Bering Road, Apt 1904
Columbus, GA 31903
which satisfied the requirements of service by mail pursuant to Pa. R.C.P. 403.
I understand that false statements are made herein are made subject to the penalties of
Pa.C.S. § 4904, relating to unworn falsification to authorities.
Date -
ustin F. Grogan, s'
Attorney for Plaintiff
24 North 32"' Street
Camp Hill, PA 17011
(717) 737-1956
ID #59020
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CHRISTINA JONES, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. QQ-- /-/66F Ow,'( l.-j
CARL JONES, IN DIVORCE AND CUSTODY
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 judgement 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.
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
CHRISTINA JONES, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99. yGG % (?en/7i,
CARL JONES, IN DIVORCE AND CUSTODY
Defendant
ORDER OF COURT
AND NOW, this day of 1999, upon consideration of the
attached complaint, it is hereby directed that the parties and their respective counsel appear
before the conciliator, at on
the day of , 1999, at .M., for a Pre-hearing Custody
Conference. At such conference, an effort will be made to resolve the issues in dispute; or if
this cannot be accomplished, to define and narrow the issues to be heard by the court and to
enter in to a temporary order. Either party may bring the child!children who is/are the subject
of the custody action to the conference, but the child's/children's attendance is not mandatory.
Failure to appear at the conference may provide grounds for entry of a temporary or
permanent order.
For the Court,
I By'
Custody Conciliator
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.
OFFICE OF THE COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE, FOURTH FLOOR
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
CHRISTINA JONES, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 9 ?j • `/ L G 4 C.&? -rez.
CARL JONES, IN DIVORCE AND CUSTODY
Defendant
COMPLAINT
1. The Plaintiff is CHRISTINA JONES, Social Security number 207-48-3574, who
currently resides at 1702 Maple Street, New Cumberland, Cumberland County, Pennsylvania
17070.
2. The Defendant is CARL JONES, Social Security number 175-58-6045, who
currently resides at 1702 Maple Street, New Cumberland, Cumberland County, Pennsylvania
17070.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of
Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint.
4, Plaintiff and Defendant were married on December 10, 1991 at Harris County,
Texas.
COUNT I - DIVORCE
5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as
though set forth in full.
6. There have been no prior actions of divorce or for annulment between the parties.
7. Divorce is sought pursuant to the provisions of the Divorce Code, Sections
3301(c), in that:
a) The marriage is irretrievably broken.
8. The 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. Defendant is a member of the armed services and is currently serving in the U. S.
Army with a permanent station at Ft. Benning, Georgia.
WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce.
COUNT II - CUSTODY
10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as
though set forth in full.
11. The parties are the natural parents of Heather Jones, born July 31, 1992, who is
currently 7 years old.
12. During the child's lifetime the child has resided with the following people at the
following addresses:
Christina & Carl Jones, and 1702 Maple Street
Sean Stibitz (maternal brother) New Cumberland, PA
Christina & Carl Jones
Christina & Carl Jones
Loganville, PA
Jacobus, PA
July 31, 1997 - Present
April 1997 - July 1997
April 1996 - April 1997
Christina & Carl Jones and York, PA January 1995 - April 1996
Robert & Wanda Stibitz
(Maternal Father &
Stepmother)
Christina & Carl Jones and Conroe, TX January 1994 - January 1995
Cheryl & John Baird
(Maternal Mother &
Stepfather)
Christina & Carl Jones Dallastown, PA May 1993 - January 1994
Christina & Carl Jones and York, PA January 1993 - May 1993
Dan Locke (Friend)
Christina & Carl Jones and Loganville, PA August 1992 - January 1993
Bonnie Jones, Heather Jones,
and Grace Rollman
Christina & Carl Jones; Houston, TX July 1992 - August 1992
Cheryl and John Baird
Sean Stibitz, and Johnny &
Ryan Baird (Stepbrothers)
13. Plaintiff is mother of the child and is currently married
14. Defendant is father of the child and is currently married.
15. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another court.
16. Plaintiff has no information of a custody proceeding concerning the child pending
in a court of this Commonwealth.
17. Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect to the
child.
18. The Plaintiff seeks primary custody for the following reasons:
a. The father has established a current intimate relationship with a woman
named Tara, living in Georgia, who has advised the Plaintiff that she has emotionally
disabled children and who are disruptive to the parties' daughter
b. The father's military career requires him to spend extensive periods of
time out side the United States on deployment, which would disrupt the child's life style.
C. The mother has been the primary caregiver of the child since the child's
birth and the child has lived in the current area for the past two years.
19. Each parent whose parental rights to the child have not been terminated and the
person who has physical custody of the child have been named as parties to this action.
WHEREFORE, the Plaintiff/Mother respectfully requests this Honorable Court to award
her custody with supervised visitation awarded to the Defendant/Father.
Respectfully submitted,
Date w
Austin F. Grogan!Esg6ir
24 North 32nd Street
Camp Hill, PA 17011
(717) 737-1956
Attorney for Plaintiff
I.D. #59020
VERIFICATION
I, CHRISTINA JONES, verify that the statements made in the foregoing Complaint are true
and correct to the best of my knowledge, information, and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom
falsification to authorities.
Date yR'?';)?.q(I 11LL? 1 w o n
/CHRISTINA JONES
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CHRISTINA JONES, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-4669 CIVIL TERM
CARL JONES, : IN DIVORCE AND CUSTODY
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
August 3, 1999.
2. The marriage of Plaintiff and 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 of a final decree of divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom
falsification to authorities.
Date C`IiC 1
cNWSTINA JONES
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CHRISTINA JONES,
Plaintiff
CARL JONES,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 994669 CIVIL TERM
IN DIVORCE AND CUSTODY
WAIVER OF NOTICE OF INTENTION TO REQUEST
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 are made subject to the penalties of 18 Pa.C.S. §4904
relating to unworn falsification to authorities.
DATE: ???,1;_II'?;v L?li.:)t+;.r:
CHRISTINA JONES
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CHRISTINA JONES, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 994669 CIVIL TERM
CARL JONES, : IN DIVORCE AND CUSTODY
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
August 3, 1999.
2. The marriage of Plaintiff and 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 of a final decree of divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn
falsification to authorities.
Datey3
CARLJONES
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CHRISTINA JONES,
Plaintiff
V.
CARL JONES,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 994669 CIVIL TERM
IN DIVORCE AND CUSTODY
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
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 unworn falsification to authorities.
DATE: D2_.? Nor h , % 9,
CcI
CARL JONES
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CHRISTINA JONES, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-4669 CIVIL TERM
CARL JONES, : IN DIVORCE AND CUSTODY
Defendant
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Austin F. Grogan, Esq., being duly sworn according to law, deposes and says that he is
the attorney for Plaintiff, Christina Jones, and that he did mail a true and correct copy of the
Complaint in Divorce and Custody in the above matter, by certified mail, return receipt
requested, to the Defendant, Carl Jones, on August 5, 1999 at his last known address: B Co
203', Box 1374, Ft. Benning, GA 31905, which satisfied the requirements of service by mail
pursuant to Pa.R.C.P.403. The signed receipt acknowledging receipt on August 9, 1999 is
attached hereto as Exhibit "A".
Date
Austin F. Grogan, Esq ire
Attorney for Plaintiff
24 North 32'1' Street
Camp Hill, PA 17011
(717) 737-1956
ID 1759020
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EXHIBIT "A"
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5F" ' 1999 ?,
CHRISTINA JONES,
Plaintiff
V.
CARL JONES,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99.4669 CIVIL TERM
IN DIVORCE AND CUSTODY
ORDER
AND NOW, this 7Q' day of r?.G 1999, upon consideration of the
attached Custody Stipulation it is hereby ordered and decreed that:
1. The parties are the natural parents of Heather Jones, born July 31, 1992;
2. The parties shall share legal custody;
3. The Plaintiff/Mother, Christina Jones, shall exercise primary physical custody in
that the child shall reside with the Plaintiff/Mother;
4. The Defendant/Father who is currently a Private V Class (PFC) in the United
States Army currently stationed at Ft. Bering, Georgia shall have partial custody at the
convenience of the parties when he is home on military leave;
5. This Stipulation shall be revised and/or modified on an as needed basis,
specifically to be reviewed and modified upon the Defendant/Father either separating from the
military or re-enlisting in the military to provide expanded time should he request it.
BY THE COURT,
J.
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95 SAP 31) f':1 :i: 54
CUB:' .."J?CRY
CHRISTINA JONES,
Plaintiff
V.
CARL JONES,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 994669 CIVIL TERM
IN DIVORCE AND CUSTODY
CUSTODY STIPULATION
AND NOW, this 3aQ day of 5e--P1UH? ?Z, 1999, the Plaintiff, Christina
Jones, by and through her attorney, Austin F. Grogan, Esquire, and the Defendant, Carl
Jones, who is unrepresented and understands that he has the right to have an attorney advise
and represent him agree to the following;
1. The parties are the natural parents of Heather Jones, born July 31, 1992;
2. The parties further agree that they shall share legal custody;
3. The parties agree that the Plaintiff/Mother shall exercise primary physical
custody in that the daughter resides with the Plaintiff/Mother at 1702 Maple Street, New
Cumberland, Pennsylvania;
4. The parties acknowledge that the Defendant/Father is currently a Private 1"
Class (PFC) in the United States Army currently stationed at Ft. Bering, Georgia;
5. The parties agree that the Defendant/Father shall have partial custody at the
convenience of the parties when he is home on military leave;
6. The parties agree that the Stipulation shall be revisable and modifiable on an as
needed basis, specifically to be reviewed and modified upon the Defendant/Father either
separating from the military or re-enlisting in the military to provide expanded time should he
request it.
WHEREFORE, the parties respectfully request this Court to enter this Stipulation as
an Order of Court.
IWI NESS RISTINA JONES
TNE SS CARL JONES