HomeMy WebLinkAbout03-6222JENNIFER ANN JONES,
Plaintiff
KORY JAMES JONES,
Defendant
: 1N THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: 1N DIVORCE
NOTICE TO DEFEND AND 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
marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary, Room 101, Dauphin County Courthouse,
Front and Market Streets, Harrisburg, 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 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.
DAUPHIN COUNTY LAWYER REFERRAL SERVICE
213 North Front Street
Harrisburg, PA 17101
(717) 232-7536
JENNIFER ANN JONES,
Plaintiff
KORY JAMES JONES,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 0'~ -- /¢',2, 1.%-
:
: CIVIL ACTION - LAW
: IN DIVORCE
COMPLAINT IN DIVORCE
1. The Plaintiff is Jennifer Ann Jones, an adult individual currently
residing at 1444 Timber Brook Drive, Mechanicsburg, Cumberland County,
Pennsylvania, 17050.
2. The Defendant is Kory James Jones, an adult individual residing at
1444 Timber Brook Drive, Mechanicsburg, Cumberland County, Pennsylvania. 17050.
3. Plaintiffand Defendant have been bona fide residents in the
Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately
previous to the filing of this Complaint.
4. Plaintiffand Defendant were married on August 21, 1999, in Dauphin
County, Pennsylvania.
5. There have been no prior actions of divorce or annulment between the
parties in this or any other jurisdiction.
6. This action is not collusive.
7. Plaintiff and Defendant separated on or about November 15, 2003.
8. The causes of action and sections of the Divorce Code under which
Plaintiff is proceeding are:
A. Section 3301 (c) - The marriage of the parties is irretrievably
broken.
B. Section 3301(d) - The marriage of the parties is irretrievably
broken. The parties separated on or about November 15, 2003.
9. Plaintiffand Defendant have no children under the age of eighteen.
10. Plaintiff has been advised of the availability of marriage counseling
and understands that she may request that her spouse and she participate in counseling.
11. Plaintiff does not request that the Court require that her spouse and
she participate in counseling prior to a divorce decree being handed down by this Court.
WHEREFORE, Plaintiffrespectfully requests this Honorable Court enter
a final decree in divorce.
Date: ~///,.5 )~}'7
Respectfully submitted,
THE LAW OFFICES OF
SILLIKER & REINHOLD
Mark T. Silliker, Esquire
5922 Linglestown Road
Harrisburg, PA 17112
(717) 671-1500
I.D. No. 33671
Attorney for Jennifer Ann Jones
JENNIFER ANN JONES,
Plaintiff
KORY JAMES JONES,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: No. 03-6222 CIVIL TERM
:
: CIVIL ACTION- LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on December 1, 2003.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and
ninety days have elapsed since the date of filing and service of the Complaint.
3. I consent to the entry ora Final Decree in Divorce after service of
notice of intention to request entry of the decree.
1 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 falsifications to authorities.
Address of Witness
COMMONWEALTH OF PENNSYLVANIA
May J, Gouf~r, I~ Public .
S~ver S~ing T~., Cu~r~'and ~
JENNIFER ANN JONES,
Plaintiff
KORY JAMES JONES,
Defendant
: 1N THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: No. 03-6222 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c)
OF THE DIVORCE CODE
1. I consent to the entry ora final Decree in Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses ill 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 flied with the Prothonotary.
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.
Section 4904 relating to unsworn falsification to authorities, ~
Member. Pe~nsylvl~nia A~s~iatio~ Of No~fies
Address of Witness
JENNIFER ANN JONES,
Plaintiff
KORY JAMES JONES,
Defendant
: 1N THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: No. 03-6222 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on December 1, 2003.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and
ninety days have elapsed since the date of filing and service of the Complaint.
3. I consent to the entry of a Final Decree in Divorce after service of
notice of intention to request entry of the decree.
1 verify that the statements made in this Affidavit arc true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904, relating to unswom falsifications to authorities.
JENNIFER ANN JONES,
Plaintiff
KORY JAMES JONES,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. 03-6222 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c)
OF THE DIVORCE CODE
1. I consent to the entry ora final Decree in Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses ifI 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.
Section 4904 relating to unswom falsification to authorities.
je~fer~ne~s~ ' ~~
MARRIAGE SETTLEMENT AGREEMENT
By and between
JENNIFER ANN JONES
- AND -
KORY JAMES JONES
Dated: /// ~ c/ ,2003
INDEX
PAGE
1. Divorce and Separation ................................................................ 4
2. Division of Property ..................................................................... 4
3. Income Tax Prior Returns ............................................................ 6
4. Execution of Additional Documents ........................................... 6
5. Transfers Subject to Liens ........................................................... 7
6. Complete Listing of Property ...................................................... 7
7. Equitable Distribution of Property .............................................. 7
8. Relinquishment of Ownership ...................................................... 7
9. After-Acquired Property .............................................................. 8
10. Debts ............................................................................................. 8
1 I.Bankruptcy 9
12. Health Insurance ........................................................................... 10
13. Alimony ........................................................................................ 10
14. Full Disclosure ............................................................................. 10
15. Releases ........................................................................................ 10
16. Indemnification ............................................................................ 11
17. General Provisions ....................................................................... 12
18. Fair and Equitable Contents .......................................................... 12
19. Breach ........................................................................................... 12
20. Independent Separate Covenants ................................................. 13
21. Void Clauses
22. Execution of Documents .............................................................. 13
23. Applicable Law ............................................................................ 13
24. Non-Merger .................................................................................. 13
25. Disclosure and Waiver of Procedural Rights .............................. 14
26. Tax Advice ................................................................................... 15
27. Representation of Parties .............................................................. 15
Signature Page .............................................................................. 16
Acknowledgement Page ............................................................... 17
MARRIAGE SETTLEMENT AGREEMENT
AGREEMENT MADE this o~t/{/~" Clay o f ~~f_,~2003, by
and between Jennifer Ann Jones -AND- Kory James Jones, at Harrisburg, Pennsylvania.
WHEREAS, the parties hereto are husband and wife, having been married
on August 21, 1999, at Dauphin County, Pennsylvania.
WHEREAS, diverse and 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 desire to settle fully
and finally their respective financial and property rights and[ obligations as between each
other including, without limitation by specification: settling of all matters between them
relating to the ownership and equitable distribution of real and personal property; settling
of all matters between them relating to the past, present and future support, alimony
and/or maintenance of Wife by Husband or Husband by Wife; and in general, the settling
of any and all claims and possible claims by one against the other or against their
respective estates. The parties separated on November 15, 2003.
NOW, THEREFORE, in consideration of the aforegoing premises 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, Wife and Husband, each intending to be legally bound hereby, covenant and
agree as follows:
3
1. Divorce and Separation. The parties agree to the entry of a
decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and
Wife shall at all times hereafter have the right to live separate and apart from each other
and to reside from time to time at such place or places as fftey shall respectively deem fit,
free from any control, restraint, or interference whatsoever by the other. Neither party
shall molest the other or endeavor to compel the other to cc,habit or dwell with him or her
by any legal or other proceedings. The foregoing provision shall not be taken to be an
admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the
cause leading to their living apart. A reconciliation will not void the provisions of this
Agreement.
2. .Division of Propertv. Husband and Wife agree that the following
constitutes an equitable distribution of the marital property:
A. The following shall become the sole and exclusive property of
Husband:
1. Husband shall retain any pension plans and/or retirement
plans and/or employee stocks or savings plans, and/or 401K plans
and/or any and all other employment benefits, which he has
accumulated during the course of his past or present employment,
namely with EUR Systems, Inc.
2. Husband shall become the sole and exclusive owner of the
parties' 1999 Ford Explorer, which is presently unencumbered.
Wife shall sign any and all necessary docaments, including the
4
vehicle title, which are necessary to effectuate the transfer of this
vehicle solely into Husband's name.
B. The following shall become the sole and exclusive property of Wife:
1. Wife shall retain any pensior~ plans and/or retirement plans
and/or employee stocks or savings pJ[ans, and/or 401K plans and/or
any and all other employment benefits, which she has accumulated
during the course of her past or present employment, namely with
Cumberland Valley School District.
2. Wife shall become the sole and exclusive owner of the
marital residence located at 1444 Timber Brook Drive,
Mechanicsburg, Cumberland County, Pennsylvania. In
furtherance thereto, Husband shall execute a Deed transferring any
and all right, title, or interest he has irt said marital residence over
unto Wife. It is agreed between the parties that Wife shall
refinance the mortgage on said marital residence within two years
from the date of this Agreement. Upon Husband's execution of
said Deed, Wife will pay Husband the amount of $50.
3. Husband shall transfer the parties' 1991 Saturn solely into
the name of Wife, and she will in turn be authorized to use this
vehicle as a trade-in on a new vehicle for her.
4. The parties agree that Wife shall retain ownership of the
parties' Australian Cattle dog.
C. All personal property in the possession of each party as of the date of
execution of this Agreement shall remain the sole and separate property of each
party respectively. The parties acknowledge that all bank accounts, checking and
savings accounts, and personal property have been divided to their satisfaction.
D. The parties acknowledge that they have each made to the other a full
accounting of their respective assets, estate, liabilities, and other soumes of
income and based thereon they mutually agree that the property listed above
constitutes the entire marital property.
3. Income Tax Prior Returns. The parties have heretofore filed
joint federal and state tax returns. Both parties agree that in the event any deficiency in
federal, state or local income tax is proposed, or any assessraent of any such tax is made
against either of them, each will indemnify and hold harmless the other from and against
any loss or liability for any such tax deficiency or assessment and any interest, penalty
and expense incurred in connection therewith. Such tax, interest, penalty or expense shall
be paid solely and entirely by the individual who is finally determined to be the cause of
the misrepresentations or failures to disclose the nature and extent of his or her separate
income on the aforesaid joint returns.
4. Execution of Additional Documents. The parties agree to each
sign Affidavits of Consent upon the expiration of ninety (90) days following the filing
and service of the Divorce Complaint. The parties agree to execute any deeds,
assignments, titles or other instruments necessary and appropriate to accomplish the
aforesaid division of property.
6
5. Transfers Subject to Lien~. Notwithstanding any other
provisions in this document all property transferred hereunder is subject to the existing
lien or liens set forth above. The respective transferee of such property agrees to
indemnify and save harmless the other party from any claim or liability that such other
party may suffer or may be required to pay on account of such lien or encumbrance.
6. Complete Listine of Propertv. The parties represent and warrant
to each other that the property described in this Agreement represents all of the property
in which they have any right, title and interest, and that such property is subject to no
mortgage, pledge, lien, security interest, encumbrance or charge except those which are
disclosed herein.
7. Equitable Distribution of Propertv. By this Agreement, the
parties have intended to effect an equitable distribution of their jointly owned property.
The parties have determined that an equitable division of such property conforms to a just
and right standard, with due regard to the rights of each par~y. 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 effectuated without the introduction of outside funds
or other property not constituting a part of the marital estate. It is the intention of the
parties to treat all transfers of property herein as non-taxable
8. Relinquishment of Ownershlm Except as provided herein,
Husband forever relinquishes any right or interest he may now or hereafter have in any
7
assets now belonging to Wife, and Wife forever relinquishe, s any right or interest she may
now or hereafter have in any assets now belonging to Husband.
9. After-Acquired Propert3,. Each of the parties shall hereafter own
and enjoy independently of any claim or right of the other, all items of property, be they
real, personal or mixed, tangible or intangible, which are hereafter acquired by him or
her, with full power in him or her to dispose of the same as fully and effectively, in all
respects and for all purposes as though he or she were unmarried.
10. Debts.
A. Husband and Wife agree to be responsible for the joint debts of
the parties as follows: Wife shall be solely responsible for the mortgage and any other
costs associated with the marital home located at 1444 Timber Brook Drive,
Mechanicsburg, Cumberland County, Pennsylvania, after Husband has transferred his
interest in said property unto Wife. In the event Wife fails to pay the mortgage, Husband
will be entitled to force the sale of said home in order to remove his name from the
mortgage. Wife covenants and agrees that if any claim, action or proceeding is
hereinafter initiated seeking to hold Husband for any of the debt set forth herein above,
Wife will at her sole expense, defend Husband against any such claim or demand,
whether or not well-founded, and that she will indemnify and hold harmless Husband in
respect of all damages as resulting therefrom. Damages as used herein shall include any
claim, action, demand, loss, cost, expense, penalty, and other damage, including without
limitation, counsel fees and other costs and expenses reasonably incurred in investigating
8
or attempting to avoid same or in opposing the imposition thereof or enforcing this
indemnity, resulting to Husband.
B. All debts, contracts, obligations or liabilities incurred at any
time in the past or future by either party will be paid promptly by said party, unless and
except as otherwise specifically set forth in this Agreement; and each of the parties hereto
further promises, covenants and agrees that each will now and at all times hereafter save
harmless and keep the other or his or her estate indemnified and save harmless from all
debts or liabilities incurred by him or her, as the case may be, and from all actions, claims
and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and
counsel fees whatsoever pertaining to such actions, claims and demands. Neither party
shall, as of the date of this Agreement, contract nor incur any debt or liability for which
the other or his or her property may be responsible, and shall indemnify and save
harmless the other from any and all claims or demands made against him or her by reason
of debts or obligations incurred by him or her and from all expenses, legal costs, and
counsel fees unless provided to the contrary herein.
11. Bankruptcy or Reorganization Proceedin~=.: The parties hereby
agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and
expressly agree to reaffirm any and all obligations contained herein. In the event a party
files such bankruptcy and pursuant thereto obtains a discharge, of any obligations
assumed hereunder, the other party shall have the right to terminate this Agreement in
which event the division of the parties' marital assets and all other rights determined by
9
this Agreement shall be subject to court determination the same as if this Agreement had
never been entered into.
12. Health Insurance. The parties mutually agree that Wife shall
maintain Husband on her health insurance through her employment at Cumberland
Valley School District until health insurance coverage is awailable to him through his
employment, or until a Divorce Decree is issued by a Court of Law, whichever occurs
first.
13. Alimony. The parties mutually agree to forego or waive any right
to aiimony, alimony pendente lite, and spousal support.
14. Full Disclosure. Each party hereto confirms that he or she has
relied on the completeness and substantial accuracy of financial disclosures of the other
as an inducement to enter into this Agreement. The parties acknowledge that there has
been no formal discovery conducted in their pending divorce action and that neither has
filed an Inventory and Appraisement as required by §3505(b) of the Pennsylvania
Divorce Code. The rights °f either party to pursue a claim for equitable distribntion of
any interest owned by the other party in an asset prior to the date of execution hereof
which interest was not disclosed or known by the other party or his or her counsel prior to
the execution of this Agreement is expressly reserved.
15. Releases. Each party does hereby remise, release, quitclaim and
forever discharge the other and the estate of the other from any and every claim that each
other may now have, or hereafter have or can have at any time, against the other, or in
10
and to or against the other's estate, or any part thereof, whether arising out of any former
contracts, engagements or liabilities of the other, or by way of dower or claim in the
nature of dower, widow's rights, or under the intestate laws, or the right to take against
each other's will, or for support or maintenance, or of any other nature whatsoever,
except any rights accruing under this Agreement or as otherwise stated in this Agreement.
16. Indemnification. Each party represents and warrants to the other
that he or she has not incurred any debt, obligation, or other liability, other than described
in this Agreement, on which the other party is or may be liable. Each party covenants
and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold
the other party liable for any other debts, obligations, liability, act or omission of such
party, such party will at his or her sole expense, defend the other against any such claim
or demand, whether or not well-founded, and that he or she will indemnify and hold
harmless the other party in respect of all damages as resulting therefrom. Damages as
used herein shall include any claim, action, demand, loss, cost, expense, penalty, and
other damage, including without limitation, counsel fees and other costs and expenses
reasonably incurred in investigating or attempting to avoid same or in opposing the
imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any
inaccurate representation made by or on behalf of either Husband or Wife to the other in
this Agreement, any breach of the warranties made by Husband or Wife to the other in
this Agreement, or breach or default in performance by Husband or Wife of any of the
obligations to be performed by such party hereunder. The Husband or Wife agrees to
give the other prompt written notice of any litigation threatened or instituted against
11
either party which might constitute the basis for a claim for indemnity pursuant to the
terms of this Agreement.
17. General Provisions. This Agreement constitutes the entire
understanding of the parties and supersedes any and all prior agreements and negotiations
between them. There are no representations or warranties other than those expressly set
forth herein.
18. Fair and Equitable Contents. The provisions of this Agreement
and their legal effect have been fully explained to the parties by their respective counsel.
Each party acknowledges that he or she has received independent legal advise from
counsel of his or her selection and that each fully understands the facts and has been fully
informed as to his or her legal rights and obligations. Each party acknowledges and
accepts that this Agreement is, under 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.
19. Breach. It is expressly stipulated that if either party fails in the
due performance of any of his or her material obligations under this Agreement, the other
party shall have the right, at his or her election, to sue for daniages for breach thereof, to
sue for specific performance, or to seek any other legal remedies as may be available, and
the defaulting party shall pay the reasonable legal fees for any services rendered by the
12
non-defaulting party's attomey in any action or proceeding to compel performance
hereunder.
20. Independent Separate Covenants. It is specifically understood
and agreed by and between the parties hereto that each paragraph hereof shall be deemed
to be a separate and independent Agreement.
21. Void Clauses. 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.
22. Execution of Documents, Each party shall on demand execute
any other documents that may be necessary or advisable to carry out the provisions of
this Agreement.
23. Applicable Law. This Agreement shall be construed under the
laws of the Commonwealth of Pennsylvania.
24. Non-Merger. This Agreement shall not merge with any
subsequent decree in divorce between the parties but shall survive such decree and be
entirely independent thereof. This Agreement shall be incorporated for the purposes of
enforcement only into any Decree in Divorce which may be entered with respect to the
parties, but shall not be deemed to have been merged with such Decree.
13
25. Disclosure and Waiver of Procedural Rigbt~, Each party
understands that he or she has the right to obtain from the other party a complete
Inventory or list of all proper~y that either or both parties own at this time or owned as of
the date of separation, and that each party has thc right to have all such property valued
by means of appraisals or otherwise. Both parties understand that they have the right to
have court held hearings and make decisions on the matters covered by this Agreement.
Both parties understand that a court decision concerning the. parties' respective rights and
obligations might be different from the provisions of this Agreement.
Each party acknowledges that this Agreement is fair and equitable, that it
adequately provides for his or her needs and is in his or her best interests, and that the
Agreement is not the result of any fraud, duress, or undue influence exercised by either
party upon the other or by any other person or persons upon either party. Both parties
hereby waive the following procedural rights:
a. The right to obtain an Inventory and Appraisement of all marital
and non-marital property as defined by the Pennsylvania Divorce Code.
b. The right to obtain an Income and Expense Statement o£the other
party as provide by the Peunsylvania Divorce Code.
c. The right to have property identified a~ad appraised.
d. The right to discovery as provided by the Pennsylvania Rules of
Civil Procedure.
e. The right to have the Court determine which property is marital
and which is non-marital, and equitably distribute between the parties that
property which the Court determines to be marital, and to set aside to a
14
party that property which the Court determines to be that party's non-
marital property.
f. The right to have the Court decide any other rights, remedies,
privileges, or obligations covered by this Agreement and/or arising out of
the marital relationship, including but not li~nited to possible claims for
divorce, child or spousal support, alimony, alimony pendente lite,
equitable distribution, custody, visitation, and counsel fees, costs and
expenses.
26. Tax Advice. Both parties hereto hereby acknowledge and agree
that they have had the opportunity to retain their own accountants, certified public
accountants, tax advisor, or tax attorney with reference to the tax implications of this
Agreement. Further, neither party has been given any tax advice by their respective
attorneys. Further, both parties hereby acknowledge that they have been advised, by their
respective attorneys, to seek their own independent tax advice by retaining an accountant,
certified public accountant, tax attorney, or tax advisor, with reference to the tax
implications involved in this Agreement. Further, the partie:s acknowledge and agree that
their signatures to this Agreement serve as their acknowledgement that they have read
this particular paragraph and have had the opportunity to seek independent tax advice.
27. Representation of Parties. The parties have mutually worked out
the terms of this Marriage Settlement Agreement. Wife has been represented by Mark T.
Silliker, Esquire. Husband has been advised of his right to retain an independent counsel
15
to represent him in this matter, however, being so advised that he is entitled to
independent legal counsel, he hereby waives his right to the same.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above written.
J~g}ifer ~ Jones
16
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF O__..o e~Xaea'k,~-~,~
SS:
On this Z~q day of ~Oo,.'ea-4,u.~ ,2003, before me Subscriber, a
Notary Public, for the Commonwealth of Pennsylvania, came Jennifer Ann Jones, known
to me or satisfactorily proven to be the Wife in the aforegoing Marriage Settlement
Agreement.
A~ai'~on~s C.J
Witness my hand and Notarial seal, the day and year aforesaid.
Notarial Seal
Joseph L. Grove, Notary Public
Silver Spring Twp., Cumberland County
My Commission Expires June 18, 2005
Member, Pennsylvania Association of Notaries
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Q~o,'~X~r\o_.a .[
On this Z~ day ofb,~o~ _, 2003, be,fore me Subscriber, a
Notary Public, for the Commonwealth of Pennsylvania, came Kory James Jones, known
to me or satisfactorily proven to be the Husband in the aforegoing Marriage Settlement
Agreement.
Witness my hand and Notarial seal, the day and year aforesaid.
Not--
I .-,,. ~. eph k. Grove, Notary Public
I ~l~h~C~l~gsioTnwp'' ~umberfand County
t~"s '..,. n Expires June 18, 200SI
Member, Penn--Iv;n;; ~ :4
17
JENNIFER ANN JONES,
Plaintiff
KORY JAMES JONES,
Defendant
: 1N THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 03-6222 CIVIL TERM
:
: CIVIL ACTION - LAW
: 1N DIVORCE
CERTIFICATE OF SERVICE
I, Kory James Jones, Defendant in the above-captioned matter, hereby
certify that I received a copy of a Complaint in Divorce in the above-captioned matter on
or about /.q,~/](~]/~ , 2003, by first-class mail, postage prepaid.
I hereby certify that the aforegoing is 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 unsworn falsification to
authorities.
Date:
JENNIFER ANN JONES,
Plaintiff
KORY JAMES JONES,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-6222 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT REC. ORD
To the Prothonotary:
Transmit the record, together with the following information, to the Court
for entry of a Divorce Decree:
1. Ground for divome: irretrievable breakdown under Section
(X) 3301 (c) ( ) 3301 (d) of the Divorce Code. (Check applicable section.)
2. Date and manner of service of the Complaint: December 10, 2003.
3. Complete either (a) or (b).
(a) Date of execution of the Affidavit of Consent required by
Section 3301(c) of the Divorce Code: March 20, 2004 by Plaintiff, March 20,2004 by
Defendant.
(b) (1) Date of execution of the Plaintiff's Affidavit required by
Section 3301(d) of the Divorce Code:
(2) Date of service of the Plaintiff' s Affidavit upon the
Defendant:
4. Related claims pending: The Marriage Settlement Agreement
between the parties shall be incorporated but shall not merge with the final Decree in
Divorce.
5. Complete either (a) or (b).
(a) Date and manner of service of Notice of Intention to File
Praecipe to Transmit Record, a copy of which is attached:
(b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was
filed with the Prothonotary: March 25, 2004.
Date Defendant's Waiver of Notice in §3301(c) Divorce was
filed with the Prothonotary: March 25, 2004.
6. Social Security Numbers:
(a) Plaintiff: 181-54-8824
(b) Defendant: 167-52-2528
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNA.
STATE OF
Plaintiff
VERSUS
~OR¥ JAMES JONES,
No. _~3-6~ ~vi~ Term
DECREE IN
DIVORCE
AND NOW,
DECREED THAT
Jennifer Ann Jones
, ~{ , IT IS ORDERED AND
, pLAINTIFF,
AND
Aory James Jones
,DEPENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The Marriage Settlement Agreement b~tw~en the p~rt~ ~h~ll be
incorporated but shall not merqe with t~Ae final Decree in Divorce.
By THE COURT: //~ - /
ATT T J ·
;~.~ PROTHONOTARY
SUSAN D. SWOPE
Plaintiff
RICHARD C. SWOPE
Defendant
: IN THE COURT OF COMMON PLEAS
· CUMBERALND COUNTY, PENNSYLVANIA
..
: CIVIL ACTION - LAW
: DIVORCE
: No. 03-6471
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divome Code was filed on
December 15, 2004 and served on Defendant on December 20, 2004.
2. 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.
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 tree and correct. I understand that
false statements herein are made subject to the penalties of t 8 Pa. C.S. §4904 relating to unswom
falsification to authorities.
SUSAN D. SWOPE, Plaintiff
SUSAN D. SWOPE
Plaintiff
RICHARD C. SWOPE
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERALND COUNTY, PENNSYLVANIA
_.
: CIVIL ACTIO~N - LAW
: DIVORCE
:
: No. 03-6471
,,WAIVER OF NOTICE OF INTENTION TO REQUEST 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.
2. I understand that I may loose rights concerning alimony, division of property,
lawyers 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:
sus o. swoPE, Pl tif
SUSAN D. SWOPE
Plaintiff
RICHARD C. SWOPE
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERALND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: DIVORCE
:
: No. 03-6471
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divome Code was filed on
December 15, 2004 and served on Defendant on December 20, 2004.
2. 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.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request enlry of the decree.
I verify that the statements made in this Affidavit are tm,: 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.
RICHARD C. SWOPE, Defendant
SUSAN D. SWOPE
Plaintiff
RICHARD C. SWOPE
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERALND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: DIVORCE
:
: No. 03-6471
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
,DECREE UNDER SECI'ION 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 loose rights concerning ,alimony, division of property,
lawyers fees or expenses ifI do not claim them before a divome is granted.
3. I understand that I will not be divomed until a divome 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 unswom
falsification to authorities.
0
SUSAN D. SWOPE
Plaintiff
RICHARD C. SWOPE
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERALND COUNTY, PENNSYLVANIA
:
· CIVIL ACTIC~N LAW
' DIVORCE
.-
: No. 03-6471
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
1. Grounds for divorce: irretrievable breakdown under Section 3301(e) of the
Divorce Code.
2. Date and manner of service of Complaint: Certified Mail, Return Receipt
Requested, Addressee Only No. 7003 0500 0000 7386 5293, mailed on December 19, 2003 and
received December 20, 2003.
3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the
Divorce Code: by Plaintiff: March 23, 2004; by Defendant: Mm'ch 27, 2004.
4. Related claims pending: N/A
5. Date PlaintiWs and Defendant's Waivers of Notice were filed with the
Prothonotary: March 30, 2004.
Vaierie J. FadL-'fi, ]~sq~ire
I.D. # 87442
2807 Market St.
Camp Hill, PA 17011
(717) 920-9460
Attorney for Plaintiff