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HomeMy WebLinkAbout03-5606ALLAN L. JONES, JR. , Plaintiff JUDY E. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND A~D CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that 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 at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, L~WYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GR3~NTED, 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 CAArNOT 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 ALLAN L. JONES, JR., Plaintiff JUDY E. JONES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE Defendant : ~ 03- ~'~ 06 CIVIL TEP~M AFFIDAVIT OF MARRIAGE COUNSELING I, Allan L. Jones, Jr., being duly sworn according to law, depose and say: 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 by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Sworn and subscribed ~o befor~me this ~r)~_ day _ ~ of OtO/~%o ~ , 20C~ Allan L. JONES, JR., Plaintiff JUDY E. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CU~4BERLA~D COUNTY, pENNSYLVAnIA CIVIL ACTION - LAW IN DIVORCE CIVIL TERM COMPLAINT IN DIVORCE TO THE HONORABLE, THE JUDOES OF SAID COURT: AND NOW COMES, Allan L. Jones, Jr., Plaintiff, by his attorney, Weeks, Esquire, who avers as follows: Ruby D. 7. 8. 9. 10. Plaintiff, an adult sui juris, who currently resides at 129 Darr Avenue, Pennsylvania 17013, since October, 2003. Defendant, an adult sui juris, is Judy E. currently resides at 503 W. North Street, Pennsylvania 17013, since July 31, 1991. is Allan L. Jones, Jr. , a U. S. citizen, Carlisle, Cumberland County, Jones, a U. S. citizen, who Carlisle, Cumberland County, Plaintiff and Defendant have been a bona fide resident(s) in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. The Plaintiff and Defendant were married on September 30, 1986, at Cumberland County, Pennsylvania. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. Neither party is a member of the Armed Forces of the United States. The marriage is irretrievably broken. Plaintiff and Defendant have lived separate and apart since October 2003. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the Court require the parties to participate in counseling. Plaintiff requests the Court to enter a decree of divorce. COUNT I - IRRETRIEVABLE BREAKDOWN 3301 (C) of the Divorce Code 11. 12. 13. 14. 15. 16. 17. Paragraphs 1 through 10 are hereby incorporated by reference and made a part hereof. The marriage is irretrievably broken. a. Plaintiff and Defendant have lived separate and apart since October 2003. Plaintiff has been advised as to the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. Plaintiff requests the Court to enter a decree of divorce. COUNT II - REQUEST FOR DIVISION OF PROPERTY UNDER SECTION 53502 OF THE DIVORCE CODE Paragraphs 1 through 14 are hereby incorporated by reference and made a part hereof. The parties purchased or otherwise obtained during the course of their marriage property which is considered "marital property". Upon entry of a divorce decree, such property should be divided equitably as is just and proper. WHEREFORE, plaintiff prays that a decree in divorce be entered divorcing plaintiff from the bonds of matrimony between the said plaintiff and defendant. 18. Paragraphs 1 through 17 are hereby incorporated by reference and made a part hereof. a. Should Defendant execute an Affidavit consenting to a divorce because the marriage is irretrievably broken, that a decree in divorce be entered divorcing Plaintiff from the bonds of matrimony between the said Plaintiff and Defendant. b. Upon entry of a divorce decree, marital property should be divided equitably as is just and proper. c Such other additional relief as the Court deems necessary and appropriate. I verify that the statements made in this Complaint 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. Ruby D. Attorney for Plaintiff 10 West High Street Carlisle, PA 17013 (717) 243-1294 Date: CO~0NW~ALT~ OF P~SY~.VA~IA COUNTY OF CUMBERLAND The above named, Allan L. Jones, Jr., being duly sworn according to law, deposes and says that the facts contained in the foregoing Complaint are true and correct, and the Complaint is not made out of levity or by collusion between him and the said Defendant for the mere purpose of being freed and separated from each other, but that it is brought in sincerity and in truth for the cause mentioned in the said Complaint. Sworn and subsc~ri~b~ to bef%r?~ m~e ~ thi?'~ ~ ~ay Notary Public NOTARIAL 8F. AI. CAROL A. MORROW, Not~ Publlo Os~lsle Borough, Cumbetm~cl Ceu~ ALLAN L. JONES, JR., Plaintiff JUDY E. JONES Defendant CIVIL ACTION - LAW CUSTODY # CIVIL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMPLAINT FOR JOINT AND S~%RED CUSTODY TO THE HONORABLE, THE JUDGES OF SAID COURT= The Plaintiff is, Allan L. Jones, Jr., hereafter referred to as the natural father, residing at 129 Darr Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. The Defendant is Judy E. Jones, hereafter referred to as the natural mother, residing at 503 W. North Street, Carlisle, Cumberland County, Pennsylvania. Plaintiff seeks shared legal custody of the following children: a. Name Allan L. Judy E. Judy E. Allan L. Jones, III Desire' E. Jones Present Residence Aqe 503 W. North St. 16 Carlisle, PA 17013 503 W. North Street 14 Carlisle, PA 17013 The children were born on February 2, 1987 and October 18, 1989. The children are presently in the custody of the natural mother, who resides at 503 W. North Street, Carlisle, Cumberland County, Pennsylvania. The children have resided with the following persons following addresses for the past 16 months: Persons Address Dates Jones, Jr. & 503 W. North St. 1991 to 10/2003 Jones Carlisle, PA 17013 Jones 503 W. North St. Since 10/2003 Carlisle, PA 17013 and at the 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another Court. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth~ Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. Each parent whose parental rights to the children)has not been terminated and the person who has physical custody of the children has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the children, so none will be given notice of the pendency of this action and the right to intervene. Pursuant to the Custody and Grandparents Visitation Act, the father requests this Court to grant an award of shared legal custody to both the mother and the father equally. The father requests physical custody of the children be with the mother. The best interests and permanent welfare of the children and their physical, spiritual, emotional and moral well-being will be served by granting the relief requested of shared legal custody of the children with both parents, and primary physical custody with the mother, and the father having liberal visitation with the children. Plaintiff father prays for an Order awarding shared legal custody of the minor children, Allan L. Jones, III, born February 2, 1987 and Desire' E. Jones, born October 18, 1989, to the mother and father equally and physical custody with the mother and with partial custody awarded to plaintiff father as this Court determines is in the best interests of the children. W~HR~FOR~, Plaintiff father prays for an Order awarding shared legal custody of the minor children, Allan L. Jones, III, born February 2, 1987 and Desire' E. Jones, born October 18, 1989, to the mother and father equally with physical custody with the mother and with partial custody awarded to plaintiff father as this Court determines is in the best interests of the children. Respectfully submitted, Ruby D. We~ Attorney for Plaintif~ 10 West High Street Carlisle, Pennsylvania 17013 (717) 243-1294 COMMONWEALTH OF ~ENNSYLVANIA : COUNTY OF CUMBERLAND : Personally appeared before me, A Notary Public in and for the Commonwealth and County aforesaid, the under-signed, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Complaint are true and correct. Sworn to and subscribed to befor~e. ~_ent_h_is ~ day ALLAN L. JO~TES, JUDY E. JONES, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE ~03-5606 CIVIL TERM COMMONWEALTH OF COUNTY OF CUMBE~ AFFIDAVIT OF SERVICE BY MAIL pURSUANT TO PA R.C.P. 1920.4 (a) (1) (ii) ENNSYLVANIA : kN-D : ! I, RUBY D. ~EEKS, ESQUIRE, Attorney for Alan Jones, Jr., being duly sworn according t~ law, depose and say that a true and correct copy of the ! Divorce Complaint~and Custody Complaint, was served on Judy Jones, at 503 West North Street, Cailisle, Cumberland County, Pennsylvania, 17013, by mailing the same to her by certified mail, restricted delivery, NO. 7002 0860 0000 1074 5060, on October 24,2002. Service was accepted on October 28, 2003. Sworn and subscrJ , of ~ Notary Public to day Ruby D. Weeks, Esquire · Complete items 1, 2, and 3. item 4 if Restricted Delivery is desired. · Print your name and address oi3 the reverse so that we can return the card to you, · Attach this card to the back of or on the front if space t. Article Addre&ssd to: 2. Article Number ~ __ (Transfer from service labs0 ~ PS Form 3811, August 2001 ~ Domestic Return Receipt ri Agent If YES, e~ter delivery address below: ri No 0oo(3 /07 /50 (9 CARLISLE. ~enn 1701329 10/24/2003 (800)275-; Description O~ve purr CARLZSLE PA 17013 First-Class Return Receipt ertifisd .abel Serial #: 700; Issue PVI: ~-ISLE PA 17013 ~t-Class ~etricted De ivery ~turn Race pt rtifie~ ,abel Serial #: 70020 ~stomer Postage ;ubtota]: Zesue PVI: Paid by: Cash Change Due: Bill# 1000201404018 C erk: 02 Refunds only per Thank YOU for Your -- i~lvanfa r777 01:52:17 PM Final ice Price $2.21 ~1.75 2.30 60000010745060 $6.26 $2.21 ~3.50 1.75 $2 30 ;0000010745060 -$6.26 $8.50 $3.50 $9,76 $10.00 -$0.24 f P014 Isineas -. _ ALLAN L. JONES, JR. PLAINTIFF JUDY E. JONES DEFENDANT AND NOW, it is hereby directed that parti, at 4th Floor, Cumberland for a Pre-Heating Custody Cc if this cannot be accomplishe~ order. All children age five provide grounds for entry of~' The court hereby Special Relief orders, and The Court of with Disabilites Act of available to disabled iud must be made at least 72 conference or hearing. YOU SHOUI HAVE AN ATTORNE5 FORTH BELOW TO FI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-5606 CIVIL ACTION LAW : IN CUSTODY ORDER OF COURT 'hursday, October 30, 2003 , upon consideration of the attached Complaint, :s and their respective counsel appear before Hubert X. Gilroy, Esq. , the conc County Courthouse, Carlisle on Thursday, November 13, 2003 at 10:30 nference. At such conference, an effort will be made to resolve the issues in disput [, to define and narrow the issues to be beard by the court, and to enter into a tempo : older may also be present at the conference. Failure to appear at the conference ;r temporary or permanent order. ects the parties to furnish any and all existing Protection from Abuse orders, astody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy. Esq. Custody Conciliator ommon Pleas of Cumberland County is required by law to comply with the Ameri¢ 790. For information about accessible facilities and reasonable accommodations viduals having business before the court, please contact our office. All arrangeme~ hours prior to any heating or business before the court. You must attend the sched D TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET qD OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 liator, ~; or :ary ay ans ts ded V1NVA~SNN~d 60 :~ ~d Og i~O gO ALLAN L. JONES, JR., V. JUDY E. JONES, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 03-5606 : CIVIL ACTION- LAW : IN DIVORCE PETITION FOR SPECIAL ]~E!,~F AND NOW, comes the Petitioner, Judy E. Jones, by' and through her attorneys, Mancke, Wagner & Spreha, and files the following Petition for Special Relief: 1. Your PetitiOner, Judy E. Jones, is the Defendant i~ the above-captioned divorce action. 2. The Respondent, Allan L. Jones, Jr., is the Plaintiff in the above-captioned divorce action. 3. The Defendant is currently residing in the marital home at 503 W. North Street, Carlisle, Cumberland County, Pennsylvania, along with the two children born of the marriage, Allan L. Jones, I/I, and Desire' E. Jones. 4. The Respondent herein vacated the marital home, having left on or about October 1, 2003, moving to the address of 129 Dart Avenue, Carlisle, Cumberland County, Pennsylvanial 5. From time to time since separation, the Respondent has returned to the marital home, has entered the marital home and removed personal property and marital propen'y, including removing marital property for re-sale. 6. Respondent's return to the marital home is interfering with the well-being and tranquility of the Petitioner and her children, and serves no legitimate purpose. 7. Petitioner believes and therefore avers that it is best interest of the Petitioner and children that the Respondent be enjoined fxom returning to the marital home without the express permissioa of the Petitioner herein. WHEREFORE, Petitioner prays this Court to grant the relief as requested. Respectfully submitted, Mancke, Wagner & Spreha d Wagner, Esquire I.D. #23103 2233 North Front Street Hardsburg, PA 17110 (717) 234-7051 Attorneys for Petitioner Date: I verify that the statements made in the foregoing document 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. OATE: ALLAN L. JONES, JR., Plaintiff, V. 3UDY E. JONES, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 03-5606 CIVIL ACTION - LAW IN DIVORCE ANDNOW, this! 74~Yof /~~ .,2003, upon Petifion of the Defendant, Judy E. Jones, a R,~ i~,~,~b, bo~d ul~.n m~.ma ~a~nt~m,~dla" L. zhlle tlaat a nearing in lhu ab~v~-~at, tlon~d metttcx um~ [,~ ' ALLEN L. JONES, JR., Plaintiff JUDY E. JONES, Defendant N THE COURT OF COMMON PLEAS OF : I ...... ~D COUNTY, PENNSYLVANIA : CUMBl~le~ : CIVIL ACTION ' LAW : NO. 2003 - 5606 CIVIL : IN CUSTODY CO~TO~ER AND NOW, this ]~ day of November, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Allen L. Jones, Jr., and the Mother, Judy E. Jones, shall enjoy shared legal custody of ,Allan L. Jones, III, born February 2, 1987; and Desire E. Jones, born October 18, 1989. Shared legal custody mandates that the parties shall exchange information concerning the minor children and also authorizes all school officials, medical providers and other professionals who deal with the children to provide information directly to each parent without written authorization from the other parent. 2. The Mother shall enjoy primary physical custody of the minor children. 3. The Father shall enjoy liberal periods of temporary physical custody of the minor children pursuant to a schedule agreed upon by the parties. It is understood that the Father will contact the minor children relative to arranging this schedule, and it is understood that Mother will not interfere with the Father's requested times of temporary custody with the minor children. 4. With respect to the upcoming holidays, Father shall have custody on Thanksgiving Day pursuant to the Agreement reached between the parties. Additionally, the parties shall work between themselves to determine a schedule of physical custody over the Christmas holiday. If the parties are unable to reach an agreement themselves, the fall back schedule shall be such that the Christmas holiday shall be divided into 2 equal parts, with Mother enjoying the first half of the Christmas holiday and Father enjoying the second half of the Christmas holiday. Counsel for the parties may contact the conciliator directly in the event of any issues arising between the parties relative to the holiday schedule. Additionally, counsel for the parties shall have a telephone conference with the conciliator on Friday, February 20, 2003 at 8:00 a.m. BY THE~ CCI ~P. Richard Wagner, Esquire ./~uby D. Weeks, Esquire ~)/~~ ALLAN L. JONES, JR., Plaintiff v JUDY E. JONES, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003 - 5606 CIVIL : IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody C. onciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Allan L. Jones, III, born February 2, 1987; and Desire E. Jones, born October 18, 1989. 2. A Conciliation Conference was held on November 13, 2003, with the following individuals in attendance: The Father, Allan L. Jones, Jr., with his counsel, Ruby D. Weeks, Esquire; and the Mother, Judy E. Jones, with her counsel, P. Richard Wagner, Esquire. 3. The parties agree to the entry of an order in the form as attached. Hubert -. Gdroy, Es~p~ire Custody Concil'mt~ ALLAN L. JONES, JR., Plaintiff, V. JUDY E. JONES, * Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 03-5606 : CIVIL ACTION - LAW : 1N DIVORCE ANDNOW, this I~Ii' dayof ~ ,2003, upon Stipulation of the parties, it is hereby ORDERED and DECREED that the Husband, Allan L. Jones, Jr., shall not enter the marital home of the parties located at 503 W. North Street, Carlisle, Pennsylvania, without express written consent of the Wife, Judy E. Jones, Petitioner herein. ALLAN L. JONES, JR., Plainti~ JUDY E. JONES, Defendant. 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO: 03-5606 : CIVIL ACTION - LAW : IN DIVORCE AND NOW, this q d~y of ~c2~r~' , the undersigned, Ruby D. Weeks, Esquire, attorney for Allan L. Jones, Jr., and P. Richard Wagner, Esquire, attorney for Judy E. Jones, do hereby stipulate and agree that the Husband, Allan L. Jones, Jr., shall not enter the marital home located at 503 W. North Street, Carlisle, Pennsylvania, without express written consent of the Wife, Judy E. Jones. The undersigned agree that this stipulation is entered into solely for the purposes of excluding Husband f~om entering the marital home without express written consent, and shall otherwise not prejudice the rights of either party pursuant to the provisions of the No-Fanlt Divorce Act regarding equitable distribution. Attorney for Allan L. Jones, Jr. PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, dated tho~ day of ~,~' .i 20t~_ by and between Allan L. Jones, Jr., residing at 129 Darr Avenue, Carlisle, Cumberland County, Pennsylvania, 17013, Social Security Number 225-88-4061, hereinafter called the "Husband", and Judy E. Jones, formerly Wagner, residing at 503 W. North Street, Carlisle, Cumberland County, Pennsylvania, 17013, Social Security Number 202-50-8437, l~ereinafter called the "Wife", who agree as follows: WlTNESSETH: WHEREAS, the parties are Husband and Wife, having been married on September 30, 1986, in Cumberland County, Pennsylvania. The parties separated October 2003. WHEREAS, there have been issue of the marriage, to wit: Allan L. Jones, III, born February 2, 1987 and Desire' E. Jones, born October 18, 1989, hereinafter referred to as the Children if more than one child. WHEREAS, diverse unhappy, and irreconcilable diffi,'rences, disputes, and difficulties have arisen between the parties, and it is the intention of Wife and Husband 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, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; the settling of all matters between them relating to the past, present and future support and or maintenance of the Children if more than one child, the impleinentation of custody/visitation arrangements for the minor Children of the parties; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the promises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasiioned the disputes or unhappy differences which.have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301 (c) of the Divorce Code of 1980 as amended by Act No. 1990, 206 effective 3- 19-91. 2. EFFECT OF DECREE, NO MERGER Neither party to any such action shall ask alimony or support contrary to the provisions of this Agreement. It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of' the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment, or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this 2 Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is further understood that Pennsylvania law provides that "a provision of an Agreement regarding child support, visitation or custody shall be subject to modification by the Court upon a showing of changed circumstances". It is specifically agreed, however, that a copy of this Agreement may be incorporated, by reference, into divorce judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment, unless otherwise specifically provided herein, and for this Agreement to continue in full rome and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them for purposes of enforcement only of any provisions therein, but shall surviw~ such decree. That is, this agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforeeable in accordance with its terms. Except with regard to child support and child custody, no court ]may change the terms of this agreement, and it shall be binding and conclusive upon the parties. In the event ora reconciliation, attempted reconciliation, or other cohabitation of the parties hereto after the date of this agreement, this agreement shall remain in full force and effect in the absence of a written agreement signed by both parties expressly stating that this agreement has been revoked or modified. _3. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall take place simultaneously with the execution of this Agreement. 3 4. ADVICE OF COUNSEl, The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Ruby D. Weeks, Esquire, fbr Husband, and P. Richard Wagner, Esquire, for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept 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 execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. $. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial ac:curacy of the financial disclosure of the other as an inducement to the execution of this Agreement, and that neither party wishes to exercise their right to have appraisals by experts as to the value of the various interests of the other party. They understands that such appraisals would be necessary to fix the fair market value of these interests for purposes of equitable distribution. 6. WARRANTY OF DISCLOSURE The parties warrant and represent that they have made a ~ull disclosure of all assets and their valuation prior to the execution &this Agreement. This disclosure was in the form o£ an information exchange of information by the parties' attorneys and this Agreement between the parties is based upon this disclosure. _7. OBTAINING INFORMATION ON FINANCES Each party acknowledges that they have been informed they may have the right, as provided by statute and Pennsylvania Rules of Civil Procedure, to obtain information regarding the parties' finances. Such information would include, 'without limitation, their present and past income; and the identity and value of assets both presently owned and 4 transferred previously. Such information may be obtained by one or more of several methods including depositions upon oral examination, written interrogatories, production of documents or entry upon property for inspection. The parties agree to waive any further discovery. 8. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. However, each party shall make best efforts to maintain employment with comparable benefits and salary as they now hold or for which they are in training. 9. NO MOLESTATION Husband and Wife shall not molest or interfere with each other, nor shall either of them attempt to compel the other to cohabit or dwell with her or him, by any means whatsoever. Neither party shall harass or be verbally or physically abusiw~ to the other. 10. MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lii~time conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof· It is the intention ,~f Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 11. FILING INVENTORIE~ AND APPRAISEMENT The parties further acknowledge their understanding that they each have the right to file Inventories and Appraisement with the Court and to require the other party to do so. Such Inventories and Appraisement require a party to indicate, under oath, information regarding all marital property in which either party has an interest as of the date the action was commenced. Fully knowing the same, each party nonetheless waives their respective rights to request additional discovery be conducted, to file Inventories and Appraisement with the Court, or to require the other party to do so. 12. EQUITABLE DISTRIBUTION OF PROPERTY It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage, as contemplated by The Act of April 2, 1980 (P.L. 63, No. 26) known as "The Divorce Code," 23 P.S. 3101 et. seq. of the Commonwealth of Pennsylvania. And further, that the parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in 3502 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage, the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of one party to the education, training, or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each patty at the time the division of property is to become effective. 13. DISTRIBUTION OF REAL ESTATE: (1) The parties are purchasing by an installment agreernent of sale with Donald W. DeWalt, Jr. property located at 503 West North Street, Carlisle, Cumberland County, Pennsylvania on which there is an approximate balance owing of $24947.81 as of October 23, 2003. (2) It is specifically agreed by the parties that the Wife shall be allowed to continue to reside with the children of the parties in the marital residence ~md shall be entitled to exclusive possession of the residence from the date of this Agreement until such time as the yotmgest child completes high school, is emancipated, marries or enlists in military service, or the parties agree to list the property for sale, whichever first occurs. The property shall promptly be listed for sale with a Realtor agreed to by the parties at a fair-market value to be determined by market conditions at the time. It is agreed by the parties that upon coordination with the wife, the husband shall be present to make necessary repairs and fix-ups for sale of the property, as well as to confer and accompany the Realtor review of the property for sale. (3) the parties agree to share equally the usual costs of sale, deed preparation, notary, accounting fees, transfer taxes. They further agree that the net sales proceeds shall be divided equally between them after the spring real estate tax payment from these proceeds. (4) (a)Until the residence is sold, the parties agree that Wife shall be solely responsible for payment of the utilities, real estate taxes and property insurance, payments on sales agreement in lieu of support. (b) The parties agree that Wife shall for cost of maintenance or renovation up to five hundred dollars ($500.00). The parties agree to share equally the cost of major repairs in excess of five hundred dollars ($500.00). (c) Upon sale of the property, each party shall submit all expenses paid by them or items in the paragraph a,b,c. A party paying a total of more than 50% of items in paragraphs a,b,c shall be reimbursed the amount in excess of 50% from a portion of the proceeds of the party who paid less than 50%. (5) the parties agree that each hereby waives, releases and gives up any other rights they may respectively have against the other for alimony pedente lite, support or maintenance. (6) However, in the event another adult(s) move(s) into the residence prior to its sale, each such person shall be required to pay one-half of a monthly rental of $400.00 to 8 the Husband, and the Wife shall be responsible for this payment. If he so chooses, the Husband may receive the balance of any rental and shall continue to make all payments on the mortgage, insurance, taxes and repairs fi.om date of this Agreement. 14. DISTRIBUTION OF PERSOI~AL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale fi.om each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or docnments necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans 9 or retirement benefits of any nature with the exception of social security benefits to which either party may have a vested or contingent right or interest al the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. From and after the date of the signing of this Agreement both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether re. al or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 15. GENERAL: (1) Husband hereby waives all interest in Wife's property including but not limited to all accounts, certificates of deposit and securities, including her Member's lat Christmas Club account, checking accounts and savings accounts. (2) Wife hereby waives all interest in Husband's property including but not limited to all accounts, certificates of deposit, and secm~ities, including his Member's 1st checking and savings accounts. 16. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: 3_0 (a) The 1997 GMC Jimmy titled in joint names, shall become and remain the sole and exclusive property of the Husband. Husband is to be responsible for all costs of transferring the title to his sole name. It is security fi)r a loan at Member's 1st Federal Credit Union, and Husband agrees to indemnit~y and hold harmless the Wife from any and all liability for this debt. Wife hereby gives Husband a limited power of attorney to allow him to sign off said title at such time as the loan on the vehicle is repaid. (b) The 1993 Toyota Corrola, titled to Wife, shall become and remain the sole and exclusive property of the Wife. It is not security for any loans. 17. DOCUMENTS TO BE FURNISHED: Husband agrees to provide Wife upon execution of this Agreement the original records, bills, receipts and other documents concerning the purchase of and improvements to the marital residence, warranty documents, bills, receipts, and other records involving purchase of major appliances, heating and/or air conditioning system, vehicles or other property being transferred to Wife. Both Husband and Wife agrees to provide each other with information as to policy numbers, company names and addresses, and proof of beneficiary designations of any and all life insurance policies acquired during marriage, mentioned in this Agreement. Additionally, Husband agrees to provide Wife with copies of any and all joint tax returns filed by the parties. 18. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible and intangible, subsequently acquired by the other party. 19. SUBSEQUENT PERSONAL DEBTS: Husband and Wife agree from time of the signing of this Agreement that each party shall be responsible for their own debts and hold each other harmless from same. 20. FUTURE DEBTS: Husband and Wife hereby mutually agree that subsequent to the execution of this Agreement neither party shall incur any debts which will obligate the other to make payment for same. Husband and Wife hereby acknowledge that there are no outstanding bills or other indebtedness which have been incurred by either for the liability of the other, and both parties hereby covenant and agree that neither shall have any financial obligation to pay any financial obligations which are solely the financial obligation of the other and which have been contracted by either party solely for their own benefit and without the knowledge or consent of the other party. Husband and Wife further agree that they will indemnify the other from any and all claims or demands made against the other by reason of any debts or obligations contracted in violation of this Agreement. 21. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or 12 hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 22. PAYMENT OF SPECIFIED OBLIGATIONS: A. During the course of the marriage, Wife and Husband have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that Husband shall be solely responsible for all bills, obligations and debts as set forth below: (1) Wife shall be responsible for: A. Fashion Bug B. Loan against her insurance #LF 1518-3145 - approximately $760.00 C. Visa (2) Husband shall be responsible for: A. Member's 1st loan $8,500.00 on iris 1997 GMC Jimmy B. Bank One credit card $6,000.00 bAllance C. Visa Card #4121449998675743 :$6,000.00 bAllance D. Loans against his Executive Protector whole life insurance policy #LF1518-3146-2142, approximate bAllance of $2159.00 23. ASSUMPTION OF LIABILITIES. This provision sets forth the method for the payment and assumption of the debts and liabilities o£the parties, since the assumption is not binding orr the creditor, the party assuming the debt agrees to indemnify the other party in the event the creditor seeks to hold such other party liable, should the parties wish to bind the creditor and relieve the original debts from all liability, a novation should be executed. 3_3 24. 2003 INCOME TAX RETURN (A) Husband and Wife agree that they shall file jointly for Federal, State and Local Income Tax Returns for the year 201~3, and to divide any refund equally. In the event taxes are due, they further agree each shall pay one-half (lA) of the amount due. The parties agree each .shall receive a copy of the tax return. Further the parties agree to pay the 2004. spring real estate taxes from this refund, prior to the distribution to the parties. (B) For the tax year 2004 and thereafter, each party shall file their own, separate tax returns and be solely entitled to any tax refund therefrom or solely responsible for any payment due. (C) The part/es agree that the Wife shall claim the daughter as deductions for federal tax purposes and the Husband shall claim the son. 25. CUSTODY The parties have entered into an Agreement and Stipulation regarding custody and this has been entered as an Order of Court. 26. CHILD SUPPORT The parties have entered into an Agreement and Stipulation regarding child support and this has been entered as an Order of Court. 27. ALIMONY The parties waive alimony/spousal support/alimony pendent lite. 14 28. RETIREMENT FUNDS A. The Husband, who has been employed by Cumber]land County Prison, Carlisle, Pennsylvania, for eight (8) years and has accumulated benefits in his retirement account. It is agreed by the parties that the Wife shall waive any interest she may have in any of the benefits, including retirement, which the Husband may have as a result of his employment. B. The Wife, who is employed at the District Attorney's Office of Cumberland County, Carlisle, Pennsylvania, also has retirement and other employee benefits. It is agreed by the parties that the Husband shall waive any interest he may have in any of the benefits, including retirement, which the Wife may have as a result ocher employment. 29. LIFE INSURANCE Both parties shall continue to maintain all current life insurance policies on their lives even in the event their employment changes, for the benefit of the children, naming the Children solely as irrevocable beneficiaries of such policies until such time as each Child reaches the age of twenty-one (21). They shall each provide a written list to the other setting forth the insurance company(s), policy number(s), and principal amount(s) of such insurance as provided above with proof of beneficiary. They also agree not to borrow against or assign said policies without prior written consent of the other party. Both Parties agree to make payment of premiums on the policies on their individual lives so as to continue said coverage as long as each Child is owed a duty of support. 30. DIVORCE Husband and Wife agree that Husband has filed a Complaint in divome seeking a divorce on the basis of mutual consent. Husband and Wife agree that both parties will execute the 15 required Affidavits of Consent to be filed with the Court to allow the Court to grant a divome on the basis of mutual consent. Husband agrees to pay all counsel fees, costs, and expenses incident to obtaining the aforesaid divorce, except as set forth in paragraph 32. AND the parties hereto state and agree that this Agreement shall not in any way be construed as a collusive agreement. 31. WILLS The parties hereby contract and agree to include in their Will a provision whereby each will name the parties' minor Children as heirs to at least one-half of the testator's estate and that such interest shall be held in trust for a child who is trader the age of twenty-five (25), and naming a Trustee of such inheritance. 32. ATTORNEY FEES, COSTS & EXPEN~qE~q The parties agree to waive receipt of and to be responsible for their own attorney fees, costs and expenses in connection with the negotiation and preparation of this Agreement and the granting of a divorce decree. 33. BREACH OF AGREEMENT If either party fails in the due performance of obligations under this Agreement at their election, the non-breaching party shall have the right to sue for damages for breach of this Agreement or to rescind same and seek such legal remedies as may be available to them. The breaching party will be responsible for actual legal fees and costs incurred by the non-breaching party necessary to the enforcement of this Agreement. 34. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 35. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 36. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 37. INTEGRATION This Agreement constitutes the entire understanding of the pm'ties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 38. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either p~u'ty to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the fight of 17 such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 39. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 40. SUBSEQUENT DIVORCE It is contemplated that Husband will proceed with a Complaint in Divorce againstor Wife in the near future. Husband and Wife each agree to sign an Affidavit of Consent and an Affidavit waiving counseling to be filed in said divorce action. In the event such divorce action is concluded, Wife shall be entitled to receive a copy of the Decree in Divome for the normal fee charged by the Prothonotary and shall not be assessed any costs of the proceeding, except as previously agreed to herein in Paragraph 32. In the event such divorce action is concluded, the parties shall be bound by all the terms of this Agreement, which shall not be incorporated by reference into the Divorce Decree, and this Agreement shall not be merged in such Decree, but shall in all respects survive the same and be forever binding and conclusive upon the parties. 41. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all fm'ther instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 42. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 43. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at least ten (10) days after demand therefore) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 44. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. IN WITNESS WHEREOF, the parties hereto have set their bands and seals the day and year first above written Witness ;;':' ~3 A°llan L. Jones, Jr. . U Y COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND SS On this, the0/~ day of[~__, 20(~, before me, a Notary Public, the undersigned officer, personally appeared Allan L. Jones, Jr., known to me to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. Notary Public COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF C~D ~/~ : On this, the ~ day of 7) (a~c./.9 , 20_.~,, before me, a Notary Public, the undersigned officer, personally appeared Judy E. Jones, known to me to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. Notary Public 20 'O r~ M~IO.~NWEALTH OF PENNSYLVANIA / r Notar~ Seal - I Member, Penns~vanie Association ~ Notari~ ALLAN L. JONES, JR. , Plaintiff JUDY E. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE #03-5606 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 24, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days Complaint. 3. I consent to the entry of a final decree of divorce after notice of intention to request ~ntry of the decree. 4. I understand that property, lawyer's divorce is granted. 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 authoriti~ ~ Dated: v'~-O-- Alan L. Crones, Jr., P~tiff f y Sworn a~d subiSsC~beddtaO before_ e th' '~ ay,, Notary Public have elapsed from the date of filing and service of the service of I may lose rights concerning alimony, division of fees or expenses if I do not claim them before a ALLAN L. JONES, JR. , Plaintiff ~I/Dy E. JONES, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERS%ND COUNTy, PENNSYLVANIA CIVIL ACTION - LAW IN DIVOECE #03-5606 CIVIL TERM AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 24, 2003. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request ~ntry of the decree. I understand that I may lose rights concerning alimony, division property, lawyer's fees or expenses if I do not claim them before divorce is granted. of 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 authoriti~ Dated: ~'~- O~ ~.~ ~lan L Jones, Jr , P~i~tlff Sworn and subsc~%bed to befor~me this ~__~__ day Notary Public ALLAN L. JONES, JUDy E. JONES, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERL~D COUNTy, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE #03-5606 CIVIL TERM AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 24, 2003. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent notice of intention to request entry of the decree. I understand that I may lose rights concerning alimony, division property, lawyer's fees or expenses if I do not claim them before divorce is granted. to the entry of a final decree of divorce after service of of 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. Dated: Judy E. Jou~s,1 Defendant Sworn and subscribDd to before me this /'/~ day of 7~ fu3~ , 20D~ -COMMONWEALTH OF PENNSYLVANIA Member, Pennsylvania Association Of Notaries ALLAN L. JONES, JUDy E. JONES, JR., Plaintiff vo Defendant IN THE COUI{T OF COMMON PLEAS OF CUMBERL;~D COUNTy, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE #03-5606 CIVIL TEMM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301 (c) OF THE DIVORCE COD~,~ 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 Allan L. Jones, Jr., Plaintiff ALLAN L. JONES, JR., Plaintiff JUDy E. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERL~RD COUNTy, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE #03-5606 CIVIL TERM ~AIVER OF NOTICE OF INTENTION TO R]EQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301 (c) OF THE DIVORCE COD~,; 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 to authorities. Date: ~/~7/0~ ~--~ 6? ~ Judy E. /o~es, Defendant ALLAN L. JONES, JR., Plaintiff JUDY E. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE ~03-5606 CIVIL TERM To the Prothonotary: PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry ora divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) 2. Date and manner of service of the complaint:_via certified mail, restricted delivery_, number 7002086000001074 mailed on October 24, 2003 and service accepted October 28, 2003. 3. Date of execution of the affidavit of consent requirer[ by Section 3301 (c) of the Divorce Code: by the plaintiff .; by the defendant 4. Related claims pending: 5. Date plaintiffs Waiver of Notice in § 3301 (c) Divorce was filed with the prothonotary: May 2~, 2004 Date defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: .May 2~ 2004 Date: May 26, 2004 Ruby D. Weeks, Attorney for the Plaintiff ALLAN L. JONES, JR., PLAINTIFF INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY .STATE OF ~ PENNA. VERSUS JUDY E. JONES, DEFENDANT NO. #03-5606 CIVIL TERM DECREE iN AND NOW, DECREED THAT AND DIVORCE ALLAN L. JONES, JR. JUDY E. JONES IT IS ORDERED AND , PLAINTIFF, , 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; A PROPERTY SETTLEMENT AGREEMENT IS ATTACHED ~tND MADE A PART HEREOF FOR PURPOSES OF ENFORCEMENT. ATTEST: PROTHONOTARY