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Home My WebLink About08-3247 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KORY J. JONES, _ NO. 0$- 3a1y7 n ?v?l le?n1 Plaintiff, : CIVIL ACTION - LAW V. MARJORIE E. JONES, Defendant. : IN 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 Petitioner. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the 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: Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013-3387 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 "ISO PARA DEFENDER Y RECLAMAR DERECHOS LISTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quesjas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, or propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la York County Court of Common Pleas, 45 North George Street, York, Pennsylvania 17401. SI LISTED NO RELAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 , 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KORY J. JONES, Plaintiff, V. MARJORIE E. JONES, Defendant :NO. 3P- ?dY? CwiQ `? CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Kory J. Jones, by and through his legal counsel, and avers as follows: COUNT I - DIVORCE 1. Plaintiff is Kory J. Jones, who currently resides at 18 Patton Road, Mechanicsburg, Cumberland County, Pennsylvania since in or around March 2005. 2 3 Defendant is Marjorie E. Jones, whose last known residence is 18 Patton Road, Mechanicsburg, Cumberland County, Pennsylvania since in or around March 2005. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this 1 v Complaint. 4. Plaintiff and Defendant were married on or about August 16, 2004, in Newberry Township, York County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. 6. Defendant is not a member of the Armed Forces of the United States of America or any of its Allies. 7. This marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff requests that this Honorable Court to enter a decree of divorce pursuant to Section 3301(c) or pursuant to Section 3301(d) of the Divorce Code. COUNT II - EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 9. The averments of Paragraphs 1 through 8 of this Complaint are incorporated herein as if set forth at length. 10. During their marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Section 3501 et seq. of the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Honorable Court equitably 2 distribute all marital property, both real and personal, owned by the parties. Richard C. Seneca, Esquire PA Supreme Court ID. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Plaintiff. 3 VERIFICATION I verify that the statements made in this Complaint Under Section 3301(c) or 3301(d) of the Divorce Code 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: ?? l?vV U ? ? O rr,.? 9`'c O vl D l? C'c"r ?{' ^ C J r,, = -,. ? , .?:. ?-i - -?; r? C7i rt3 _ 7 r -, ? t _.?:. r°:? : ; ' r=r -` 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KORY J. JONES, Plaintiff, V. MARJORIE E. JONES, Defendant. : NO. 08-3247 Civil Term : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, 771 m4s 11.1a.cf'e au c , hereby swear or affirm that on 12 2008, at G p.m., I personally served Defendant, Marjorie E. Jones with a true and correct copy of the Complaint Under Section 3301(c) or 3301(d) of the Divorce Code by handing the same to Defendant, Marjorie E. Jones at Pennsylvania. I further hereby swear or affirm that I am a competent adult and a Pennsylvania f: constable. p O Date: 5-12 7/0 Sworn to and subscribed before me this c? day of WVl 2008. Notary Public F2? Now six No" PAft FAMIEW MR YORK CO1NW My rommWw Expkat Feb 25, 2010 ??(.ra/ ?7 ho7o W WO" AU" j WNW AMA vot.00 T ?l CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Affidavit of Service was served upon the following person by depositing the same in the U.S. Mail, First Class, postage prepaid, on May 31, 2008, at Etters, Pennsylvania: Marjorie E. Jones 822 Highland Court Mechanicsburg, PA 17050-1818 Richard C. Seneca, Esquire IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KORY J. JONES, V. Plaintiff, MARJORIE E. JONES, Defendant. NO. 08-3247 Civil Term CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND NOW, comes Plaintiff, Kory J. Jones, to request that this Court grant him special relief in the form of ordering the sale of the marital residential property; directing the return of Plaintiffs United States passport; and directing that' Defendant stay away from Plaintiff's residence and from Plaintiff, and in support thereof avers as follows: 1. The parties were married on or about August 16, 2004, in Newberry Township, York County, Pennsylvania. 2. In March 2005, the parties purchased real estate situate at 18 Patton Road, Mechanicsburg, Pennsylvania (the "marital residence"). 3. There are two mortgages on the property i.e., a first mortgage given to PHH Mortgage Service and a second mortgage given to PNC Sank. 4. On May 23, 2008, Plaintiff filed a Complaint Under Section 3301(c) or 3301(d) of the Divorce Code. 5. On or about June 1, 2008, Defendant vacated the marital residence and Defendant's last known address is 822 Highland Court, Mechanicsburg, Pennsylvania. 1 6. Plaintiff attempted to remain in the marital residence, however, Defendant engaged in a pattern of harassment and intimidation directed toward Plaintiff including, but not limited to, the following: a. Entering the marital residence and damaging electrical appliances which placed Plaintiff in danger of electroshock injury. b. Entering the marital residence at various hours of the day and night and engaging in hostile and threatening behavior directed toward Plaintiff. C. Forcibly entering the marital residence in the company of an unknown male and removing marital property from the same. 7. Plaintiff, in fear of his safety, was forced to abandon the marital residence and relocate to another residence. 8. Despite Plaintiff having relocated, Defendant learned of his new residence and went to the residence in an attempt to confront Plaintiff. 9. Defendant removed personal property from Plaintiff's new residence and Plaintiff remains concerned that Defendant will continue Plaintiff's' pattern of harassment and intimidation at Defendant's new place of residence. 10. Neither Plaintiff nor Defendant reside at the marital residence. 11. Despite Plaintiffs request that the parties place the house for sale in order to preserve the marital estate and pay-off the first and second mortgage, Defendant has repeatedly refused to sign an agreement with a realtor for the sale of the marital residence. 12. Defendant has informed Plaintiffs counsel that Defendant will no longer pay the second mortgage on the house, which mortgage was taken to pay for the costs 2 of Defendant's education, thus placing the marital residence in danger of foreclosure. 13. Defendant has not made any contribution to the payment of the first mortgage and Plaintiff cannot afford the same thus placing the marital residence in danger of foreclosure. 14. Placing the marital residence for sale will preserve the marital estate and the creditworthiness of Plaintiff and Defendant. 15. Among the items of personal property taken by Defendant, is Plaintiff's United States passport. 16. Plaintiff requires the passport for employment purposes and a passport does not constitute marital property. WHEREFORE, Plaintiff, Kory J. Jones, respectfully requests that this Honorable Court enter an Order directing (1) the sale of the marital residence situate at 18 Patton Road, Mechanicsburg, Cumberland County with the net proceeds of the sale placed into the IOLTA account of Plaintiff's counsel until distribution of the marital estate by agreement of the parties or pursuant to further order of this Court; (2) that Defendant return Plaintiff's United States passport within five (5) days of the date of the Order; and (3) that Defendant not enter upon Plaintiff's residential property, employment premises, 3 or otherwise have personal contact with Plaintiff. Respectfully submitted, Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Plaintiff, Kory J. Jones 4 2008 10:19AM HP LASERJET FAX 7172556700 P,2 I verily that the statements made in the foregoing Plaintiffs Petition for Special Relief are true and comsct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to author Dated: CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Plaintiff's Petition for Special Relief was served upon the following person by depositing the same in the U.S. Mail, First Class, postage prepaid on November 24, 2008, at Etters, Pennsylvania: Marjorie E. Jones 822 Highland Court Mechanicsburg, PA 17050 Marjorie E. Jones 18 Patton Road Mechanicsburg, PA 17055 Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Defendant. CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Plaintiffs Petition for Special Relief was served upon the following person by depositing the same in the U.S. Mail, First Class, postage prepaid on November 25, 2008, at Etters, Pennsylvania: Marjorie E. Jones 822 Highland Court Mechanicsburg, PA 17050 Marjorie E. Jones 18 Patton Road Mechanicsburg, PA 17055 Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Defendant. i ..y Y, 1.0 4 {A 'v r ti IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KORY J. JONES, Plaintiff, V. MARJORIE E. JONES, Defendant. NO. 08-3247 Civil Term CIVIL ACTION - LAW IN DIVORCE AMENDMENT TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND NOW, comes Plaintiff, Kory J. Jones, by and through his counsel, to amend the Plaintiff's Petition for Special Relief, filed on November 25, 2008, as follows: 1. A Judge has not ruled upon any other issue in the same or any related matter. 2. No counsel has entered an appearance on behalf of Defendant, Marjorie E. Jones. 3. The averments set forth above are based upon the documents filed of record in this action and upon counsel for the Plaintiffs information and belief. WHEREFORE, Defendant, Kory J. Jones, respectfully requests that this Honorable Court enter the relief requested in Plaintiffs Petition for Special Relief. Respectfully submitted, Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Plaintiff, Kory J. Jones r- - 1014 CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Amendment to Plaintiff's Petition for Special Relief was served upon the following person by depositing the same in the U.S. Mail, First Class, postage prepaid on December 11, 2008, at Etters, Pennsylvania: Marjorie E. Jones 822 Highland Court Mechanicsburg, PA 17050 Marjorie E. Jones 18 Patton Road Mechanicsburg, PA 17055 Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Plaintiff Zl CID C IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KORY J. JONES, Plaintiff, V. MARJORIE E. JONES, Defendant. NO. 08-3247 Civil Term : CIVIL ACTION - LAW : IN DIVORCE RULE TO SHOW CAUSE Nov 2 6 2008 AND NOW, this day of 2008 ,upon > consideration of Plaintiff's Petition for Special Relief, it is hereby Ordered that: (1) A Rule is issued upon Defendant, Marjorie E. Jones, to show cause why the Plaintiff is not entitled to the relief requested; and (2) The Rule is returnable at a hearing which shall be held on -Ae-61JA" D 200, in Courtroom No. of the Cumberland County ,3o m, Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania --t I BY THE COURT: J. Distribution: ? - ichard C. Seneca, Esq., 564 Old York Road, Etters, PA 17319 Marjorie E. Jones, 822 Highland Court, Mechanicsburg, PA 17050 & 18 Patton Road, Mechanicsburg, PA 17055 /4A 3 /6j9 i ::ui !i'1 CZ 3 313 8 eZ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KORY J. JONES, : NO. 08-3247 Civil Term Plaintiff, CIVIL ACTION -LAW IN DIVORCE V. MARJORIE J. JONES, Defendant. DEFENDANT'S ANSWER FOR SPECIAL RELIEF AND NOW, comes the Defendant, Marjorie E. Jones, to defend that the items for request for special relief are invalid and false, and in support thereof avers as follows: 1. True. 2. True. 3. True. 4. True. 5. False. Plaintiff changed the locks, which prevented the Defendant from moving out of the home. To avoid contact with the Plaintiff, Defendant stopped moving out of the home and waited until the Plaintiff abandoned the residence. Defendant completed moving out of the home on or around November 15, 2008. Defendant refused to give Plaintiff the Defendant's new address. Plaintiff received the new address through a third party. 6. False. Plaintiff told Defendant that Defendant had to move out of the residence because the residence belonged to the Plaintiff. The primary mortgage is in the Plaintiff's name, but the names of both the Defendant and the Plaintiff are on the deed. Defendant refused to move out of the residence, and Plaintiff engaged in 1 physical, verbal, and vengeful behavior towards the Defendant which forced the Defendant to move out. Defendant stayed in the home until the Defendant felt that the Defendant's safety was endangered. a. False. Defendant and Plaintiff were both in the home and this would have placed both parties in danger of electroshock injury as well as their pets. Defendant would never intentionally hurt the Plaintiff or their pets. b. False. Defendant's name is on the deed to the home, which gives the Defendant every right to live in the home. c. False. Plaintiff changed the locks on the Defendant when Defendant would leave for few days to stay away from the Plaintiff. Defendant contacted the Mechanicsburg Borough police to explain the situation and be advised of rights before entering the home. Police told Defendant that as a homeowner the Defendant had every right to be in the home and gain entry by any means necessary. Defendant had personal items that were needed, and Defendant gained access to the home without doing any structural damage to the home. Plaintiff was not home at the time. 7. False. Defendant never attempted or threatened physical harm to the Plaintiff. Defendant was forced to move out of the home first because Plaintiff engaged in verbal and physical abuse towards the Defendant. Included with the verbal and physical abuse Plaintiff also engaged in vengeful behavior. The abuse and vengeful behavior includes but not limited to: a. Plaintiff changed the locks to the 18 Patton Road residence. 2 b. Plaintiff, a former United States Marine, repeatedly slammed the Defendant against a wall with the Defendant's arm twisted behind her back screaming over and over "You don't love me anymore!" Plaintiff left a handprint bruise on the Defendant's arm which was discovered by co- workers. Defendant did not report this to the police. c. Plaintiff slammed the Defendant's foot in the door and repeatedly attempted to shove the Defendant's foot in the door. Plaintiff would not release the door while the Defendant was screaming in pain. Police were called to the residence by the Defendant. d. Removing Defendant's pre-marital property from the home without Defendant's permission. Defendant made attempts to have the pre- marital property returned, but Plaintiff refuses to return the items. e. 'Plaintiff threatened to send dog owned by both the Defendant and the ; . Plaintiff to the Humane Society when the Defendant was staying away from the Plaintiff after the Plaintiff had become abusive. This forced the Defendant to return and stay in the home and live in uncomfortable conditions to protect the dog. Defendant obtained new residence shortly after this. Defendant has taken full custody of the dog. f. Plaintiff was not providing food, water, care, and comfortable living conditions in the residence for pets that are co-owned by the Defendant and Plaintiff. For example, Defendant found the cat without food, water, or air conditioning in the home in the summer heat after the Plaintiff abandoned the residence in June 2008. Defendant left food and water for 3 the cat, and returned the next day to retrieve the cat, but the cat was no longer in the residence. Defendant has not been notified of the well being or whereabouts of the cat. 8. False. Plaintiff changed the mailing address on the second mortgage, which the Defendant was paying. Defendant discovered the new address a few months before any attempts were made to visit the Plaintiffs home. Plaintiff also changed the address on the vehicle insurance for a vehicle that is co-owned by the Defendant and Plaintiff, and the insurance company notified the Defendant of the change. Defendant is not comfortable being alone with the Plaintiff. Defendant tried other means of contacting the Plaintiff to speak about important financial issues that needed to be addressed right away prior to going to the Plaintiffs new residence. Defendant had been notified of delinquent, bills as well as fines that were being threatened upon the Plaintiff and Defendant by the Mechanicsburg Borough due to not following borough ordinances. A primary attempt was made through Plaintiffs counsel to get these issues resolved, and no action was taken. Messages left for the Plaintiff specifically stated the reason for the contact. As a last resort Defendant went to the home on two different occasions to speak to the Plaintiff about theses matters because Plaintiff refused to take care of them. The last visit to the home was made on October 5, 2008, which is almost two months prior to this special request filing. Plaintiff has deliberately refused to pay bills for the marital residence since moving out of the home and refused to have services stopped to avoid both parties being put into collections. Plaintiff also took yard equipment (marital property) so Defendant 4 could not maintain the yard at the residence. Defendant was seeking to have the yard taken care of or equipment returned so the yard could be maintained. Both parties were going to be fined by the Mechanicsburg Borough for not following borough yard ordinances. Again these issues were addressed in a letter to Plaintiff's lawyer, but no action was taken to maintain the yard. Defendant also made minimal attempts to get Plaintiff to go to marital counseling to attempt to reconcile the marriage and speak about financial issues, such as the marital residence. Defendant has been attending counseling since July 2008 through the current day. Defendant was advised by the marriage counselor to send a letter and three cards over a six month period to the Plaintiff's residence in hopes of reconciling the marriage. Counselor advised the Defendant to send Plaintiff messages to notify of marriage counseling sessions. Any other communication Defendant had with the Plaintiff concerned financial issues. Through: the help of counseling Defendant is no longer seeking marriage reconciliation, and wants no further contact with the Plaintiff. 9. False. Defendant has never been inside the new home of the Plaintiff to have the opportunity to remove personal property. Defendant has visited' the Plaintiffs new residence on two different occasions over the course of the six months that the Plaintiff has lived in the residence. On both occasions the Plaintiff was not at home. This does not show a pattern of harassment. Defendant is not comfortable being alone with the Plaintiff due to the Plaintiffs volatile behavior. Both visits occurred prior to October 5, 2008. 51 days passed between the last visit and the receipt of this special request without any visits to the Plaintiffs 5 home by the Defendant. Defendant will not be returning to the home of the Plaintiff's residence. 10. True. 11. False. Defendant has never received any agreement to sign for a realtor for the sale of the marital residence. Plaintiff's counsel told Defendant on one occasion almost five months ago that the Plaintiff wants to sell the home, but nothing was ever sent to the Defendant. Defendant has repeatedly expressed the desire to sit down with the Plaintiff and discuss the issue before putting the home up for sale. Defendant took the time and money to schedule meetings and invited the Plaintiff, and Plaintiff refused to attend. Defendant has offered to keep the lines of communication open between the Defendant and the Plaintiff and Plaintiff has refused to reciprocate. 1.2' False. It is true that the Defendant' contacted the Plaintiffs counsel to notify that the Defendant can no longer.afford to pay the full amount of the secondary mortgage payment. However, the second mortgage was taken out to pay of the. debts of both the Plaintiff and the Defendant and is in the name of both the Defendant and the Plaintiff. Therefore, both parties are responsible for paying off the loan. It was used to pay off credit card debt that both parties had incurred while married and previous to the marriage. Defendant tried to contact the Plaintiff concerning this matter in September through October of 2008 and Plaintiff refused to discuss this issue with the Defendant. Defendant is not financially responsible for the primary mortgage. It is only in the name of the Plaintiff. Defendant was contacted by the primary mortgage company that the 6 Plaintiff has not made any mortgage payments since June 2008. The primary residence is scheduled to go into foreclosure on or around January 4, 2009. This is the reason the marital residence was placed in danger of foreclosure. The secondary mortgage has been faithfully paid by the Defendant, and is current. The last payment was made on December 23, 2008. 13. False. Defendant contributed to the primary mortgage from April 2005 through April 2008. This can be proved through pay stubs and bank records. 14. False. The primary mortgage is solely in the Plaintiff's name. Nom-payment of the mortgage places the Plaintiffs creditworthiness in danger and does not affect the Defendant. Plaintiffs refusal to make mortgage payments to the home for six months has caused the primary mortgage to go into default. The home is schedule to go into foreclosure on or around January 4, 2009. Plaintiff has already placed the creditworthiness in danger by refusal to pay the primary mortgage since June 2008. Six months have passed of non-payment. Defendant was notified in a letter dated December 4, 2008 from the primary mortgage lender's attorneys that the home would go into foreclosure 30 days from the date of the letter. This is the first time the Defendant has been made aware that the Plaintiff has not been making payments on the primary mortgage. Plaintiff has not been paying the primary mortgage since June 2008. In August 2008 Defendant requested to the Plaintiff's counsel that the Plaintiff show proof of payment on the primary mortgage and co-owned vehicle. Plaintiff never provided proof. Plaintiff has deliberately placed the Plaintiffs credit lin danger by refusing the pay the primary mortgage on the home. Since August 2008 7 Defendant has told Plaintiff that that Defendant wanted Plaintiff to go to marital counseling to discuss marital issues as well as financial issues, which included the primary residence. Defendant has notified the Plaintiff of every opportunity to attend marital counseling to discuss these issues via text messages, emails, and phone messages. Plaintiffs refusal to attend counseling to speak with the Defendant is a complete refusal to resolve the issue of the primary residence. Defendant chose to utilize marital counseling because it was an inexpensive first attempt to try and resolve issues in a civil and mature manner before getting legal counsel involved. Defendant has made every attempt to resolve issues and Plaintiff has refused to reciprocate. Plaintiff notified Defendant of the desire to put the home for sale, but did not contact the Defendant to sign a realtor agreement. Plaintiff has not attempted to prepare the home for sale, such as cleaning out the home, removing mold from -the upstairs bathroom, and emptying the home of all of its contents.. 15. False. In July 2008 Plaintiffs counsel sent Defendant a letter accusing the Defendant of holding the Plaintiffs United States Passport. Defendant immediately responded to Plaintiffs counsel that any items that were mistakenly taken by the Defendant that belong to the Plaintiff were immediately returned. Plaintiffs U.S. Passport was in the 18 Patton Road residence when the Plaintiff moved out of the home. Defendant has not been able to locate the passport at the marital residence and it is not in the possession of the Defendant. 16. Cannot answer. 8 WHEREFORE, Defendant, Marjorie E. Jones, respectfully requests that this Honorable Court deny the Order because (1) the negligence on the part of the Plaintiff has caused the home to be days away from foreclosure and Plaintiff needs to work with a debt counselor before it can be put up for sale, (2) Defendant has no idea where the Plaintiff's United States Passport is located, (3) no attempts have been made between the Defendant and Plaintiff to resolve divorce issues out of court, and Defendant is no longer seeking marital reconciliation. Respectfully submitted, Marjori E. Jo s Defendant 9 VERIFICATION I verify that the statements made in the foregoing Defendant's Answer for Special Relief 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. Marjo#i E. Jones Dated: 2 CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Answer to the Plaintiff's Petition for Special Relief was served upon the following people by depositing the same in the U.S. Mail, First Class, postage prepaid on December 24, 2008, at Mechanicsburg, Pennsylvania: Kory J. Jones 6692 Terrace Way #A Harrisburg, PA 17111 '4ari e E. Jones Def ndant ra r-, ? '_ `.? -?? . c.... ,j GJt '"i ---s -- ._. - ?'i.. .. ?.,^; r- - J `, KORY J. JONES, Plaintiff V. MARJORIE E. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3247 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 10th day of February, 2009, upon request of Richard C. Seneca, Esq., attorney for Plaintiff, the hearing previously scheduled in the above matter for February 10, 2009, is rescheduled to Monday, April 20, 2009, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ?ard C. Seneca, Esq. 564 Old York Road Etters, PA 17319 Attorney for Plaintiff V4 rarjorie E. Jones 822 Highland Court Mechanicsburg, PA 17050 and 8 Patton Road Mechanicsburg, PA 17055 Defendant, pro Se rc 1 ! C :ZI 3 I 1 833608Z Ab'ViQ jH..U6' 3HU ?O 30('XCHO31H IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KORY J. JONES, Plaintiff, V. MARJORIE E. JONES, Defendant. : No. 08-3247 Civil Term : CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S SECOND AMENDED PETITION FOR SPECIAL RELIEF AND NOW, comes Plaintiff, Kory J. Jones, by and through his legal counsel to seek additional relief in the form of an order enforcing the settlement agreement reached between Plaintiff and Defendant, and in support thereof avers as follows: 1. Plaintiff filed a Complaint Under Section 3301(c) or 3301(d) of the Divorce Code on May 23, 2008. 2. Defendant was served with the Complaint on May 28, 2008. 3. On November 25, 2008, Plaintiff filed a Petition for Special Relief requesting the entry of an Order directing (1) the sale of the marital residence to prevent foreclosure with the net proceeds of the same placed in the IOLTA account of Plaintiffs counsel until distribution of the marital estate by agreement of the parties or pursuant to further order of this Court; (2) that Defendant be ordered to return Plaintiffs United States passport; and (3) that Defendant not enter upon Plaintiffs residential property, employment premises, or otherwise have personal contact with Plaintiff. Page 1 of 6 4. On December 15, 2008, Plaintiff filed an Amendment to the Petition for Special Relief to advise the Court that it has not previously ruled upon any other issue in the same or any related matter and that no counsel has entered an appearance on behalf of Defendant. 5. On December 17, 2008, this Honorable Court issued a Rule upon Defendant to show cause why Plaintiff is not entitled to the relief requested and set the Rule as returnable at a hearing on February 10, 2009. 6. On January 30, 2009, the undersigned counsel participated in a telephone conference with Plaintiff and with Defendant, who appears pro se, to discuss settlement. 7. During the telephone conference of January 30, 2009, which spanned approximately one and one-half hours, the undersigned counsel reviewed the aspects of a marital settlement agreement and the parties discussed and reached agreement on all matters regarding the settlement of this action including, but not limited to, the matters set forth in Plaintiffs Petition for Special Relief, the disposition of personal property, the disposition of motor vehicles, the disposition of bank accounts, and the disposition of debts. 8. Following the said telephone conference, counsel for Plaintiff prepared a proposed Property Settlement Agreement and, on February 6, 2009, forwarded a copy of the same by email to Defendant. In the email transmittal, Plaintiffs counsel specifically informed Defendant that, "Of course, you have the right to consult with an attorney of your choosing." A copy of the said email is attached hereto as Exhibit "A." Page 2 of 6 9. Plaintiffs counsel had previously requested, on July 30, 2008, that Defendant retain legal counsel to address the myriad of marital settlement issues. Defendant replied, on August 3, 2008, that, "I have already been to a lawyer who has reviewed my situation. I have been advised not to retain counsel at this time." 10. On February 6, 2009, Defendant responded to counsel for Plaintiffs email, requesting changes to the Property Settlement Agreement which counsel had forwarded to Defendant. Defendant further stated, "Everything else is fine. Once these changes have been made and I review the document again, as long as it is sufficient I will agree to sign." A copy of Defendant's email is attached hereto as Exhibit "B." 11. Plaintiff agreed to each of the additional changes sought by Defendant and on February 9, 2009, counsel for Plaintiff sent to Defendant, by email, a revised Property Settlement Agreement incorporating each of the revisions requested by Defendant. A copy of the email from Plaintiffs counsel is attached hereto as Exhibit "C." 12. The final form of the Property Settlement Agreement, the terms of which were agreed to by Plaintiff and Defendant, is attached hereto as Exhibit "D." 13. On February 9, 2009, Defendant sent an email to Plaintiffs counsel advising that the agreement was acceptable to Defendant and that Defendant was available on February 10, 2009, to meet with Plaintiffs counsel at the Cumberland County Courthouse where Defendant would execute the Property Settlement Agreement before the Prothonotary. Counsel confirmed the same in a reply email. The Page 3 of 6 said emails referenced in this paragraph are attached hereto as Exhibit T." 14. On February 9, 2009, Defendant confirmed to counsel for Plaintiff that she would present at the Prothonotary's Office in an email stating, "Excellent! See you then." A copy of the said email is attached hereto as Exhibit T." 15. On February 9, 2009, Plaintiff's counsel, relying upon the above-mentioned correspondence from Defendant, informed Chambers of this Honorable Court that the parties had reached a settlement and the Rule to Show Cause hearing was canceled. 16. On February 10, 2009, Plaintiff executed the Property Settlement Agreement and Plaintiffs counsel proceeded to the Cumberland County Prothonotary's Office to await Defendant's arrival. 17. When Defendant did not arrive as scheduled, Plaintiffs counsel contacted Defendant by cellular telephone and during which conversation Defendant reneged upon the Property Settlement Agreement and refused to sign the Agreement, the terms of which the parties had previously agreed. 18. Plaintiffs counsel thereafter informed this Honorable Court's Chambers of Defendant's action and an Order was issued on February 10, 2009, rescheduling the Rule to Show Cause hearing to April 20, 2009. 19. A property settlement agreement is enforceable by the same rules of law used in determining the validity of contracts. 20. Parties may bind themselves contractually prior to the execution of a written agreement by mutual manifestations of assent, even where a later formal document is contemplated. Page 4 of 6 21. Where the parties orally reach agreement on the terms of a contract, the fact that they intend to reduce the contract to writing, does not prevent the enforcement of the oral agreement. 22. A settlement agreement does not need to be reduced to writing in order to be enforceable and this Honorable Court may enforce a settlement agreement voluntarily undertaken and assented to by the parties. 23. Time is of the essence in the enforcement of the Property Settlement Agreement reached between Plaintiff and Defendant as the marital residence, the disposition of which is an essential component of the settlement agreement, is the subject of a mortgage foreclosure action filed at PHH Mortgage Corporation v. Kory J. Jones and Marjorie E. Jones, Cumberland County Court of Common Pleas, Docket No. 09-200 Civil, filed on January 15, 2009. 24. Defendant's act of reneging upon the terms of the Property Settlement Agreement has caused Plaintiff to incur substantial additional attorneys fees and expenses necessary to enforce the terms of the said Agreement. 25. The Pennsylvania Divorce Code permits the seeking, upon petition, of reasonable attorneys fees and expenses. 23 Pa.C.S.A. §3702. 26. The Honorable Wesley Oler, Jr. has previously issued a Rule to Show Cause on December 17, 2008, and a hearing rescheduling Order on February 10, 2008, as referenced above regarding Plaintiffs Petition for Special Relief, the merits of which have not yet been adjudicated. 27. No counsel has entered an appearance on behalf of Defendant, Marjorie E. Jones. Page 5 of 6 WHEREFORE, Plaintiff, Kory J. Jones respectfully requests that this Honorable Court enter an Order enforcing the terms of the Property Settlement Agreement attached as Exhibit "D," and further directing Defendant, Marjorie E. Jones to pay the reasonable counsel fees and expenses incurred by Plaintiff in seeking enforcement of the Property Settlement Agreement. Respectfully submitted, Richard C. Seneca, Esquire PA Supreme Court No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Plaintiff, Kory J. Jones Page 6 of 6 Jones v. Jones PPS *)UV Page I of 1 From: rseneca@senecalaw.com <rseneca@senecalaw.com> To: mey_agent99@hotmail.com Cc: Date: Friday, February 06, 2009 06:08 pm Subject: Jones v. Jones Marjorie: Attached you will find the proposed Settlement Agreement which is submitted for your review and approval. Please let me know if the Agreement is acceptable to you and we can make arrangements for you and Kory to sign the same. Of course, you have the right to consult with an attorney of your choosing. In reply to your email, I believe that our goal should continue to be to avoid Tuesday's hearing. The Agreement which I prepared addresses the issues which we discussed and we should be able to avoid the necessity of a hearing. Thank you. Richard Richard C. Seneca, Esquire 564 Old York Road Etters, PA 17319 PHONE: 717-932-0465 FAX: 717-932-1319 rseneca@senecalaw.com This message is confidential, intended only for the named recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that the dissemination, distribution or copying of this message is strictly prohibited. If you received this message in error or are not the named recipient(s), please notify the sender at either the e-mail address or telephone number above and delete this e-mail from your computer. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product or other applicable privilege. Thank you. I Attachments: a ]ones. Settlement K.2-4-09.pdf (78KB) I http://mail.senecalaw.cornlcgi-bin•,viewmail.exe?id=01 d21 c622caaf858af4l 2c9fd4c974eO2... 2/6/2009 Re: Jones v. Jones Page 1 of 2 From: Marjorie Yost <mey_agent99@hotmai1.com> To: rseneca@senecalaw.com Cc: Date: Friday, February 06, 2009 07:10 pm Subject: Re: Jones v. Jones I have reviewed the document, and I have some changes. 4A. I want to make sure that Kory will keep me in the loop with the situation with the mortgage and foreclosure until everything has been settled. Or maybe this is just a request to you. 4C. I want added that if either party is unable to make payments on their respective vehicles that he/she will immediately notify the other of this. This is to avoid another "mortgage" situation. 5. 1 want added that any future insurance payments and bills pertained to services rendered to me get forwarded to me upon receipt. 25. We can't file our local taxes jointly. I want to do our taxes if we file jointly and not use a third party. If he does not agree, then let's file separately I'm not fighting about this. If we are filing separate I want add that for the 2008 tax filing that Kory will be filing the taxes paid for the primary mortgage, I will be filing the taxes for the second mortgage, and Kory will relinquish the tax form from PNC Bank to me as soon as possible so I can do my taxes. This is isn't a change, but I'm wondering how Kory wants to receive payment information on the Volvo Does he want the user name and password to our account so he can go on at his leisure to check the information, or does he want me to mail/email you a copy of payment. Also, did you contact BELCO and ask about the account? I sent a general question through email, but I have not received a response. Everything else is fine. Once these changes have been made and I review the document again, as long as it is sufficient I will agree to sign. Marjorie Jones From: rseneca senecalaw.com Sent: Friday, February 06, 2009 6:08 PM To: mey agent99.@hatma1l.,com Subject: Jones v. Jones Marjorie: L W I FEB - 6 2009 BY: -------------------- Attached you will find the proposed Settlement Agreement which is submitted for your review and approval. Please let me know if the Agreement is acceptable to you and we can make arrangements for you and Kory to sign the same. Of course, you have the right to consult with an attorney of your choosing. In reply to your email, I believe that our goal should continue to be to avoid Tuesday's hearing. The Agreement which I prepared addresses the issues which we discussed and we http://mail.senecalaw.com/cgi-bin/viewmail.exe?id=017d3 2/6/2009 Jones,v. Jones Page 1 of 1 From: rseneca@senecalaw.com <rseneca@senecalaw.com> To: mey_agent99@hotmail.com Cc: Date: Monday, February 09, 2009 09:36 am Subject: Jones v. Jones Marjorie: I have reviewed your proposed changes with Kory and he agrees with the same. I have, therefore, prepared a revised Property Settlement Agreement to include each of the changes. It is attached. Please review the Agreement and let me know if the changes are acceptable. We should have the Agreement signed today, if possible, so that I can timely notify the Court that we have agreed to the issues scheduled to be heard and that the hearing may be canceled. If you are ready to sign, do you have access to a Notary Public today? I will make arrangements to pick-up the Agreement, once signed by you, and have Kory sign the same. Kindly advise. Thank you. Richard Richard C. Seneca, Esquire 564 Old York Road Etters, PA 17319 PHONE: 717-932-0465 FAX: 717-932-1319 rseneca@senecalaw.com This message is confidential, intended only for the named recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that the dissemination, distribution or copying of this message is strictly prohibited. If you received this message in error or are not the named recipient(s), please notify the sender at either the e-mail address or telephone number above and delete this e-mail from your computer. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product or other applicable privilege. Thank you. I Attachments: 0 )ones Settlement.pdf (367KB) http://mail.senecalaw.com/cgi-bin/viewmaii.exe?id=O I 1b5f87904115e83f78aa56933dac533... 2/9/2009 PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made and entered into this day of 2009, by and between KORY J. JONES, hereinafter referred to as "Husband," and MARJORIE E. JONES, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties are Husband and Wife, having been married on or about August 16, 2004, in Newberry Township, York County, Pennsylvania; and WHEREAS, the parties were separated on June 1, 2008 (the "Date of Separation"); and WHEREAS, certain differences have arisen between the parties as a consequence of which they intend to separate and live separate and apart from each other during the rest of their natural lives; and NOW THEREFORE, in consideration of the foregoing and in further consideration of the covenants and promises hereinafter mutually to be kept and performed by each party hereto, as well as for other good and valuable consideration, it is agreed as follows: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place or places as he or she from time to time may choose or deem fit. 2. NONINTERFERENCE. Each party shall be free from interference, authority and control, direct or indirect, by the other in all respects as fully as if he or she were single and unmarried. Each may, for his or her separate use or benefit, conduct, Page 1 of 12 carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Neither party shall molest, harass, disturb or malign the other or the family of said other, nor compel or attempt to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASE. The parties acknowledge that under prevailing Pennsylvania law they each have certain possible fiscal rights resulting from their marriage, including but not limited to the following: spousal support, alimony pendente lite, permanent alimony subsequent to a divorce, recovery of counsel fees, costs and expenses, the equitable distribution of marital property, as well as the right to seek discovery of assets through interrogatories or depositions. It is the intention of the parties hereto that except as otherwise provided in this Agreement, all of the foregoing rights and remedies are hereby waived and forever released. Specifically, both parties covenant and agree that both waive, release and forever relinquish their respective possible rights of spousal support of, from and against the other party; neither party will at any time seek or accept alimony pendente lite, alimony, counsel fees, costs and expenses from the other party; neither party will seek discovery of assets; and the parties have effected an equitable distribution of their marital property and, aside from the enforcement of this Agreement, neither will seek further distribution by any action at law or in equity. 4. PROPERTY. A. Real Estate. The parties acquired land together with a house situate Page 2 of 12 thereon at 18 Patton Road, Mechanicsburg, Pennsylvania. Neither resides at the property and neither party shall take up residence at the property. The parties shall immediately list the house for sale with Diane and Craig Leslie of Century 21 Piscioneri Realty, Inc. or, if the Leslies do not accept the house for sale, another Pennsylvania licensed realtor who is mutually acceptable to the parties. The net proceeds of the sale of the property shall first be applied to pay-off the first and second mortgages on the house with the remaining net proceeds, if any, being evenly divided between the parties. The parties stipulate and agree that the first mortgage is held by PHH Mortgage Services and the second mortgage is held by PNC Bank. (1) Both parties also agree to cooperation in the preparation of such documents as may be necessary to avoid foreclosure including, but not limited to, enrollment in special programs designed to assist persons to avoid foreclosure. Both parties understand that foreclosure may be unavoidable due to their financial circumstances, the current state of the economy and the real estate market, and the ability to timely sell the property. Wife shall be copied on any pleadings or other documents filed or sent by Husband or Husband's attorney in any mortgage foreclosure action or to either mortgagee as regards the said real property. (2) The parties shall take such actions as are recommended by the realtor or realtors to make the house ready for sale and to improve Page 3 of 12 the marketability of the house. Wife shall accompany the realtors on the initial walk-through of the house. Although the parties are not expected to be on-site on the same dates and at the same times to ready the house for sale, the parties shall cooperate and communicate through the realtors or legal counsel to meet their obligations pursuant to this section. (3) Husband shall be responsible for the removal of snow and ice, and for the cutting of grass until final disposition of the sale and ownership of the house. B. Personal Property. Husband and Wife do hereby acknowledge that they have divided all of their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property in as equitable a manner as possible. The parties hereby specifically waive, release, renounce and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 1. There remains a box of dishes at the property situate at 18 Patton Road, Mechanicsburg, Cumberland County and this box shall be retained by Wife. In addition, there are photographs at the said property and these photographs shall be retained by Husband. 2. Each party represents that it does not have possession of Husband's United States passport. Husband shall, therefore, and at his Page 4 of 12 discretion, obtain a replacement passport. C. Vehicles. Each party shall retain the vehicles that are currently in their possession. Specifically, Wife shall retain the 2004 Volvo and shall be solely responsible for the debt owed on said vehicle and shall indemnify and hold Husband harmless therefrom. Husband shall retain the 2006 Ford Escape and the Yamaha FZ6 motorcycle, and shall be solely responsible for any debt related to said vehicles and shall indemnify and hold Wife harmless therefrom. The parties agree to sign any titles or other documents necessary in order to effectuate the transfer of said vehicles. Each party shall give to the other party any keys in their possession to the vehicle or vehicles retained by the other party. Each party shall provide the other party with account statements, at least quarterly, to enable the other party to confirm that the loans are being timely paid. Should either party be unable to make payments on their vehicle loan that party shall immediately notify the other party. D. Bank Accounts. The parties agree that the only remaining checking and savings account is Belco Credit Union Account No. 842149 and that the parties have no remaining joint bank accounts. It is understood by and between the parties that this account is used to make payments on the 2006 Ford Escape to be retained by Husband. The parties shall take such steps as are necessary to enable the account to be closed without prejudice to Husband's loan or, alternatively, to remove Wife's name from Page 5 of 12 the account. Any individual accounts owned by the parties shall become the sole and separate property of the party in whose name the account is currently titled and both parties waive any rights they may have to the bank account(s) of the other. 5. INDEMNIFICATION FOR DEBTS. Each of the parties hereto covenants and agrees to assume full responsibility for and to pay all debts and obligations of whatsoever kind and nature incurred individually by that party after the Date of Separation, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claims on account of said debts and obligations from and after the Date of Separation. a. Husband agrees to pay the sum of $63.00 to James O. Trainer, DDS which represents a pass through of a dental insurance payment made by Husband's employer-sponsored dental insurance carrier to Husband on account of services rendered by Dr. Trainer to Wife. b. Husband and Wife shall each be responsible for the payment of deductibles and co-payments for medical and dental treatment received. C. Husband shall send to Wife any future pass through payments from health or dental insurance carriers to medical providers which are sent to Husband and Husband shall send to Wife a copy of any medical bills pertaining to Wife which are sent to Husband. 6. DISCLOSURE. The parties hereby warrant, represent, declare, acknowledge and agree that the information set forth in Section 4, is true, correct and accurate Page 6 of 12 and represents the full and complete disclosure by each party to the other of the real and/or personal property, estate, and assets of each party and any further disclosure thereof is hereby specifically waived. 7. FUTURE OWNERSHIP OF PROPERTY. Each of the parties hereto may hereafter own and enjoy, independently of any claims or rights of the other, all items of personal and real property, tangible or intangible, 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. 8. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. Husband and Wife agree that the terms of this Agreement shall be incorporated but not merged into any divorce decree which may be entered with respect to the parties and therefore Husband and Wife agree and the parties will take all reasonable steps to have this Agreement incorporated as part of any such decree. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions thereof. 9. WARRANTY AS TO FUTURE OBLIGATIONS. Wife and Husband each covenant, warrant, represent and agree that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and Page 7 of 12 all debts, charges and liabilities incurred by the other after the execution date of this Agreement. 10. LIFE INSURANCE. All life insurance policies owned by the parties shall become the sole and separate property of the party in whose name the policy is in and both parties specifically waive any rights which they may have to said policies by virtue of having been a named beneficiary thereon. 11. BANKRUPTCY. It is hereby understood and agreed by and between the parties that their obligations pursuant to this Agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that he/she has not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him/her that have been initiated by others. 12. OTHER DOCUMENTS. Each of the parties hereto shall, from time to time, at the request of the other party, execute, acknowledge and deliver unto said other party any and all further documents or instruments which may be reasonably required to give full force and effect to the terms and provisions of this Agreement. 13. DIVORCE. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to an absolute divorce on legal and truthful grounds if they now exist or may hereafter arise. This Agreement is not intended to condone, and shall not be deemed to be a condonation on the part of either Page 8 of 12 party hereto of, any act or acts on the part of either party which may have occurred prior to, or which may occur subsequent to, the date hereof. 14. SEVERABILITY. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement, and if any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, all other provisions shall nevertheless continue in full force and effect. 15. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 16. ADVICE OF COUNSEL. Both parties covenant and agree that they have had ample and sufficient time to carefully and fully review the terms and provisions of this Agreement and to seek and obtain the advice and counsel of an attorney with respect to the same. Each party has carefully reviewed the terms and conditions of this Agreement with counsel or has had the opportunity to do so. Both parties covenant and agree that they fully understand the facts upon which this Agreement is premised and based, that they believe that there has been full disclosure of assets, that they believe this Agreement to be fair, reasonable and equitable, that said Agreement is being entered into freely and voluntarily by each of them, and that the 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. Wife shall be responsible for payment of Page 9 of 12 her legal fees and Husband shall be responsible for payment of his legal fees. 17. INTEGRATION. This Agreement constitutes the entire understanding between the parties and supersedes any and all prior agreements and negotiations between them. Both parties further agree that there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those contained herein. 18. AGREEMENT BINDING UPON HEIRS. This Agreement is binding upon the parties hereto and their respective heirs, executors, administrators and assigns. 19. EFFECTIVE DATE OF AGREEMENT. This Agreement shall be effective and binding upon both parties upon execution of this Agreement by both of them. 20. COSTS OF ENFORCEMENT. Any party breaching this Agreement is liable to the other party for all costs and counsel fees reasonably incurred by the non- breaching party to enforce his or her rights under this Agreement subsequent to the date of the signing of this Agreement. 21. COUNTERPARTS. This Agreement may be executed in counterparts, each of which will be an original and which together shall constitute one and the same instrument. 22. CONTRACT INTERPRETATION. For purposes of interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by them. 23. WAIVER OF LIABILITY. Husband and Wife each knowingly and understandingly waive any and all possible claims that this Agreement is, for any Page 10 of 12 reason, illegal or for any reason whatsoever void against public policy or unenforceable in whole or in part. Husband and Wife each does hereby warrant, covenant and agree that, in any possible event, he or she is and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 24. TIME IS OF THE ESSENCE. The parties agree that time is of the essence in carrying out the terms and conditions of this Agreement. 25. INCOME TAXES. The parties shall file separately their Federal, State and Local Income Tax Returns for 2008. Wife shall be solely entitled to claim as a deduction the mortgage interest paid on the second mortgage with PNC Bank and Husband shall be entitled to solely claim as a deduction the mortgage interest paid on the first mortgage with PHH Mortgage Services. Each party shall provide the other with the appropriate Form 1098. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESSETH: MARJORIE E. JONES (SEAL) (SEAL) Page 11 of 12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS. On this, the 1 o '- day of F c 6,,, tnj , 2009, before me, a Notary Public, in and for the state and county aforesaid, the undersigned officer, personally appeared Kory J. Jones, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) NOV&^ OEM SueM L SENECA No" RrbNc FAWMW N# vet COUNRI My Cam" m E"w Feb 25.2010 COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS. On this, the day of , 2009, before me, a Notary Public, in and for the state and county aforesaid, the undersigned officer, personally appeared Marjorie E. Jones, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public (SEAL) Page 12 of 12 Re: Jones v. Jones Page 1 of 3 F'? S (j n..a.a ? JU?J From: rseneca@senecalaw.com <rseneca@senecalaw.com> To: Marjorie Yost <mey_agent99@hotmai1.com> Cc: Date: Monday, February 09, 2009 01:37 pm Subject: Re: ]ones v. ]ones Marjorie: In reply to your email, the eventual cancellation of the homeowner's policy, which may result it a refund, would be split between the parties as part of the proceeds of settlement. However, it is likely that the mortgage company had the policy renewed in case of a loss during the foreclosure process and the premium is passed along to the parties. Thus, I do not believe that there will be a refund. I will see you tomorrow. Please meet me in the Prothonotary's Office which is on the first floor of the Courthouse. I will inform the Court that we will meet at 12:30 p.m. and that the hearing need not proceed. Once you sign the Agreement at the Courthouse, I will file a Praecipe to Withdraw the motion. Thank you. Richard -----Original Message----- From: Marjorie Yost [mailto:mey_agent99@hotmail.com] Sent: Monday, February 9, 2009 01:07 PM To: rseneca@senecalaw.com Subject: RE: Jones v. Jones I got a notice in the mail over the weekend that our home owners insurance policy was renewed for the home. This is paid through the primary mortgage escrow account. I'm curious to how that was paid since no payments have been made to the mortgage. This also brings up another issue of any refund from the home owner's insurance once the policy is cancelled. How does Kory want to handle it? He will need my signature for that check since the policy is in both of our names. Otherwise the agreement is fine. I can meet at the courthouse tomorrow afternoon. I can be there by 12:30pm. Marjorie Jones From: rseneca@senecalaw.com To: mey_agent99@hotmail.com Date: Mon, 9 Feb 2009 14:58:43 +0000 Subject: Re: Jones v. Jones http://mail.senecalaw.corn/cgi-binlviewmail.exe?id=01 aa3d3O6e274555296ea58e 13 bd9497... 2/9/2009 Read Message Page 1 of 1 From: Marjorie Yost <mey_agent99@hotmail.com> [ add to contacts ] To: rseneca@senecalaw.com Cc: Date: Monday, February 09, 2009 02:40 pm Subject: RE: ]ones v. ]ones Excellent! See you then. Marjorie Av FEB - 9 2009 http://mail.senecalaw.comlcgi-binlinbox.exe?id=01 fd3397d9ecfc6fO2bcad5690ldbel5cl5&... 2/9/2009 VERIFICATION I verify that the statements made in the attached Plaintiff's Second Amended Petition for Special Relief are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 Dated: 3 1 in 12001 CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Plaintiffs Second Amended Petition for Special Relief was served upon the following person by depositing the same in the U.S. Mail, First Class, postage prepaid on March 20, 2009, at Etters, Pennsylvania: Marjorie E. Jones 822 Highland Court Mechanicsburg, PA 17050 Marjorie E. Jones 18 Patton Road Mechanicsburg, PA 17055 Richard C. Seneca, Esquire PA Supreme Court I. D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Plaintiff MAR 2 3 20%Q IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KORY J. JONES, Plaintiff, V. MARJORIE E. JONES, Defendant. NO. 08-3247 Civil Term CIVIL ACTION - LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this -z ay of 2009, upon consideration of Plaintiffs Second Amended Petition for Special Relief, it is hereby Ordered that: (1) A Rule is issued upon Defendant, Marjorie E. Jones, to show cause why the Plaintiff is not entitled to the relief requested; and (2) The Rule is returnable at a hearing which shall be held on Monday, April 20, 2009, at 9:30 a.m. in Courtroom No. 1, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. Distribution: BY THE COURT: hard C. Seneca, Esq., 564 Old York Road, Etters, PA 17319 ?gorie E. Jones, 822 Highland Court, Mechanicsburg, PA 1705 & 18 Patton Road, Mechanicsburg, PA 17055 03 £ h OI R SZ 8vw 6ooz L IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KORY J. JONES, NO. 08-3247 Civil Term Plaintiff, CIVIL ACTION - LAW V. IN DIVORCE MARJORIE E. JONES, Defendant. PLAINTIFF'S SUPPLEMENTAL PETITION FOR SPECIAL RELIEF AND NOW, comes Plaintiff, Kory J. Jones, to supplement Plaintiffs Second Amended Petition for Special Relief and in support thereof avers as follows: 1. There is scheduled before this Honorable Court a hearing on April 20, 2009, on Plaintiffs Second Amended Petition for Special Relief. 2. In said Petition, Plaintiff seeks an Order enforcing the terms of the Property Settlement Agreement reached between Plaintiff and Defendant. 3. In preparation for the hearing, Plaintiffs counsel scheduled the deposition of Defendant for Thursday, April 9, 2009, at 1:30 p.m. 4. Plaintiff's counsel sent a Notice of Deposition to Defendant, under cover of letter dated March 20, 2009, to Defendant at 822 Highland Court, Mechanicsburg, Pennsylvania 17050 and at 18 Patton Road, Mechanicsburg, Pennsylvania in accordance with Pa.R.C.P. No. 4007.1(a) which provides as follows: (a) A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action, except that no notice need be given a defendant who was served by publication and has not appeared in the action. A party noticed to be deposed r L shall be required to appear without subpoena. 5. A copy of the letter and Notice of Deposition is attached hereto as Exhibit "A" which letter and Notice were not returned to Plaintiff's counsel by the U.S. Postal Service. 6. Prior motions and Orders of this Court were served upon Defendant at the addresses set forth above. 7. The property situate at 18 Patton Road, Mechanicsburg, Pennsylvania 17055 is the marital property of the parties and Defendant has represented that she picks- up the mail at the said address. 8. The property situate at 822 Highland Court, Mechanicsburg, Pennsylvania is the believed. residence of the Defendant as Defendant has represented to third parties engaged in doing business with Defendant that she resides at this address. 9. Defendant failed to attend the scheduled deposition nor did the Defendant seek a protective order. 10. Defendant neither telephoned nor wrote to Plaintiffs counsel offering any basis for being. unable to or for failing to attend the deposition 11. Plaintiff has incurred counsel fees in preparing for the deposition and in awaiting Defendant's attendance at the deposition. 12. Plaintiff has incurred court reporter fees in connection with the deposition at which Defendant failed to attend. 13. The appropriate: sanction for a party's failure to attend a deposition for which the party has been noticed is to reimburse the moving party for his expenses 2 incurred including counsel fees for preparing for the deposition, time allocated to attending the deposition, and the court reporter's fees. McDonnell v. Hagen, 46 Pa. D.&C.3d 370, 374 (Phila. 1987); Kirk v. St. Clair Memorial Hospital, 37 Pa. D.&C.3d 63 (Allegheny 1982); Kinter v. Reliance Electric Co., 14 Pa. D.&C.3d 402 (Allegheny 1980). 14. The award of attorneys fees and expenses where a party fails to attend their deposition is authorized by Pa.R.C.P. No. 4019(a)(1)(iv) and 4019(c)(5). WHEREFORE, Plaintiff, Kory J. Jones, respectfully requests that this Honorable Court enter an Order awarding Plaintiff counsel fees and court reporter fees incurred in connection with Defendant's failure to attend her deposition. Respectfully submitted, Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Plaintiff. 3 March 20, 2009 Ms. Marjorie E. Jones Ms. Marjorie E. Jones 822 Highland Court 18 Patton Road Mechanicsburg, PA 17050 Mechanicsburg, PA 17055 RE: Jones v. Jones Dear Ms. Jones: Relief. Enclosed for service upon you is Plaintiff's Seconded Amended Petition for Special There is also enclosed a Notice of Deposition in which you are to appear at my office at 564 Old York Road, Etters, PA, on Thursday, April 9, 2009, at 1:30 p.m. for the taking of your testimony under oath. As a party to this action, you are obligated under the Pennsylvania Rules of Civil Procedure to attend this deposition and to give testimony. Sincerely, Richard C. Seneca, Esq RCS/elh Enc: Plaintiff's Seconded Amended Petition for Special Relief Notice of Deposition Cc: Korey J. Jones I FJ(HIBR t-5i off' - Ts KORY J. JONES, Plaintiff, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3247 Civil Term CIVIL ACTION - LAW MARJORIE E. JONES, Defendant. TO: Marjorie E. Jones 18 Patton Road Mechanicsburg, PA 17055 IN DIVORCE NOTICE OF DEPOSITION Marjorie E. Jones 822 Highland Court Mechanicsburg, PA 17050 PLEASE TAKE NOTICE, that pursuant to the Pennsylvania Rules of Civil Procedure, counsel for the Plaintiff, Kory J. Jones will take the deposition of Defendant, Marjorie E. Jones, under oral examination for the purposes of discovery or for use at trial, or for both purposes, before a person authorized to render an oath on all matters not privileged, which are relevant and material to the issues and subject matter involved in the above-captioned matter, and that the hereinafter named individual is required to appear at the time and at the address listed below and submit to examination under oath. Said deposition will be taken at the following place or location and time: Location: Law Offices of Richard C. Seneca, Esquire 564 Old York Road Etters, PA 17319 Date Time Thursday, April 9, 2009 1:30 p.m. Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Defendant Date: March 20, 2009 CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Notice of Deposition was served upon the following person by depositing the same in the U.S. Mail, First Class, postage prepaid, on March 20, 2009, at Etters, Pennsylvania: Marjorie E. Jones Marjorie E. Jones 18 Patton Road 822 Highland Court Mechanicsburg, PA 17055 Mechanicsburg, PA 17050 Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 CERTIFICATE OF SERVICE 1 hereby certify that a copy of the attached Plaintiff's Supplemental Petition for Special Relief was served upon the following person by depositing the same in the U.S. Mail, First Class, postage prepaid on April 17, 2009, at Etters, Pennsylvania: Marjorie E. Jones 822 Highland Court Mechanicsburg, PA 17050 Marjorie E. Jones 18 Patton Road Mechanicsburg, PA 17055 Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Plaintiff Fl L Etr-.,1 . '3jE OF TFF P=" T If ? _-X"OTARY 2009 APR 17 AM 10: 2 4 G?1? ?? }1NTY IN THE COURT F C? 1114-WON PLEAS OF CU ABERLAND COUNTY, PENNSYLVANIA KORY J. JONES, NO. 08-3247 Civil T erm Plaintiff. V. MARJORIE E. JONES, Defendant. CIVIL ACTION - LXN IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTFIONOTARY: Please ens er my appearance on behalf of Plaintiff, Kong J. Jones, for the limited VJoh 7.anga-nZ,1?1?1,-Es 000 me Court I.I o. 87 Bayley & Mangan 17 W South Street Carlisle, PA 1-17013 purpose of appeariYl.g as co-counsel in the matters of Plaintiff's Second Amended Petition for Special Relief and Plaintiff's Supplemental Petition for Special Relief. Date: April 20, 2009 CERTIFICATE OF SERVICE i hereby certify that a copy of the attached Praecipe to Enter Appearance was served upon the following person by handing the same to there at the Cumberland County Courthouse. 1 Courthouse Square, Carlisle, Pennsylvania on April 20, 2009: Marjorie E. Jones Defendant Richard C. Seneca, Esquire to 1.j?,,..Y Lv( Vii KORY J. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MARJORIE E. JONES, Defendant 08-3247 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of April, 2009, upon consideration of Plaintiff's Petition for Special Relief, Plaintiff's Amended Petition for Special Relief, Plaintiff's Second Amended Petition for Special Relief, Plaintiff's Supplemental Petition for Special Relief, and following an initial period of hearing which has not yet been completed, the record shall remain open and the parties are requested to contact the Court's secretary for purposes of scheduling an additional day of hearing in these matters. With respect to Plaintiff's Second Amended Petition for Special Relief, which has not yet been heard by the Court but is mentioned above, a Rule issued upon Defendant, Marjorie E. Jones, to show cause why the Plaintiff is not entitled to the relief requested and said rule shall be returnable at the further hearing to be scheduled in this case. It is noted that, at the time of adjournment on today's date, Plaintiff was presenting his case-in-chief and Plaintiff was being subjected to cross-examination by Defendant, who was representing herself. It is noted further that, at the time of adjournment on today's date, Plaintiff's Exhibits 1 through 12 had been identified and admitted and Defendant's Exhibit 1 had been identified and admitted. No other exhibits had been identified or admitted. Neither party has requested that the notes of testimony from today's proceeding be transcribed and filed. By the Court, T f J. s ey 071, Jr., J. Richard C. Seneca, Esquire - 0I / r" at(-i:r_c 564 Old York Road Etters, PA 17319 For the Plaintiff Marjorie E. Jones, Defendant pro Se &Py 1'GA.)a-`Ky g /U -J File - Prothonotary 's Office l pcb h :' S ? i J pp /?7 ban KORY J. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MARJORIE E. JONES, Defendant 08-3247 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of April, 2009, upon consideration of petitions heretofore filed in the above-captioned matter by Plaintiff and issues having arisen as to where the Defendant may be properly served with notices, orders, et cetera, and the Defendant having advised the Court that she has no address which she can supply to the Court for purposes of service, service upon the Defendant of all papers in this matter shall be made by way of a filing in this case at this term and number with the Prothonotary, and it shall be the Defendant's responsibility to consult the file at all times for purposes of receipt of notices, orders, and other documents in the case. By the Court, /chard C. Seneca, Esquire 564 Old York Road Etters, PA 17319 For the Plaintiff /Marjorie E. Jones, Defendant pro Se File - Prothonotary's Office pcb - eoPY cly j) , y/2 r/G? d'OFY gut LAC, 4-1 41 Lam, ?{ (jj'} 91 ''Ll Wd I Z WV 60ot 3PLL KORY J. JONES, Plaintiff V. MARJORIE E. JONES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3247 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 21" day of April, 2009, a further period of hearing in the above matter is scheduled for Wednesday, August 5, 2009, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, -'Richard C. Seneca, Esq 564 Old York Road Etters, PA 17319 Attorney for Plaintiff Marjorie E. Jones Defendant, pro Se - Copy of order to be placed in Prothonotary's file :rc l.: v ?Y •rn a ? Ltc?, J t `T' y/a?,lo9 Wit ? tI :Z Wd I Z ddv 6002 ,I 1Gi '31Hi 310 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KORY J. JONES, : No. 08-3247 Civil Term Plaintiff, : CIVIL ACTION - LAW V. : IN DIVORCE MARJORIE E. JONES, Defendant. PLAINTIFF'S UNOPPOSED MOTION TO CONTINUE HEARING AND NOW, comes Plaintiff, Kory J. Jones, by and through his attorney, to request that this Honorable Court continue the hearing scheduled for August 5, 2009, at 9:30 a.m. and in support thereof avers as follows: 1. This is a divorce action in which Plaintiff has filed a series of petitions seeking the disposition of certain property, the enforcement of the terms of a Property Settlement Agreement, and the imposition of discovery sanctions against Defendant. 2. A hearing was held before The Honorable J. Wesley Oler, Jr. on April 20, 2009, which hearing was adjourned until August 5, 2009, at 9:30 a.m. 3. The parties have been working to resolve the matters set forth in the petitions without further intervention by the Court and request additional time to attempt to effect a full and final resolution. 4. It is believed and therefore averred that valuable judicial resources will be conserved by the granting of a continuance and that the parties will not suffer immediate prejudice by 1 i the grant of a continuance. 5. Counsel for Plaintiff has sought and received the concurrence of Defendant, who is acting pro se, to the relief sought in this motion. WHEREFORE, Plaintiff, Kory J. Jones, respectfully requests that this Honorable Court enter an Order granting his motion for a continuance of the hearing scheduled for August 5, 2009, at 9:30 a.m., and that a further hearing may be requested by either party, upon further motion. Respectfully submitted, Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Plaintiff, Kory J. Jones 2 CERTIFICATE OF SERVICE I hereby certify that on this 30`h day of July 2009, I served the within Motion upon Defendant, Marjorie E. Jones, by filing the same with the Prothonotary pursuant to the Order of Court dated April 20, 2009, and by sending a copy to said Defendant by email addressed to mey agent99&baol.com. Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 Counsel for Plaintiff f LED-"' . , i - OF THE 2099 iLll 30 5 91 n c l AUG 0 4 2009 61 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KORY J. JONES, Plaintiff, V. MARJORIE E. JONES, Defendant. No. 08-3247 Civil Term CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this _ day of -411A . , 2009, upon consideration of Plaintiff's Unopposed Motion to Continue Hearing, it is hereby Ordered that the Motion is Granted and the hearing scheduled for August 5, 2009, at 9:30 a.m. is continued. Either party may, by motion, request a further hearing period. BY THE COURT - Richard C. Seneca, Esquire 564 Old York Road Etters, PA 17319 For the Plaintiff Marjorie E. Jones, D;,Iendani, pro se File - Prothonotary's :,ifce g` S?D? , C pt r Qo Cdr!' ?-ss t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KORY J, JONES, NO. 48-3247 Civil Term Plaintiff, CIVIL ACTION - LAW v. IN DIVORCE MARJORIE E. JONES, Defendant. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 4 33t11 (c F THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that i may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim there 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 understated that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: -40a Deft AIL€:. s F;;;;," ))??^y} 209 DEC 23 PM 12.2,3 \ ? ? "1r IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA KORY J. JONES, NO. 08-3247 Civil Tenn Plaintiff, CIVIL ACTION - LAW V. MARJORIE E. JONES, Defendant. : IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking'Yj prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of , and gives this written notice avowing his / her intention pursuad? to the provisions of 54 P.S. 704. Date: 102 0 ? ? ?gq&?, - Signat a of name b ' resumed COMMONWEALTH OF PENNSYLVANIA. ) COUNTY OF Co-,berLU) On the a3 r4 day of Dee-z" , 200 before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. CL? Not Public NOTARIAL SEAL PROTHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 FILL: r» 2009 DEC 23 N 12* 3 JJ, culli, t ?.?.f l c ws k a?s3?? r - r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA -- ' -•, KORY J. JONES, . c NO. 08-3247 Civil Term Plaintiff, CIVIL ACTION - LAW MARJORIE E. JONES, : IN DIVORCE Defendant. AFFIDAVIT OF CONSENT 1. A Complaint Under Section 3301(c) or 3301(d) of the Divorce Code was filed on May 23, 2008, and was served upon Defendant on May 28, 2008, by personal service. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S., Section 4904, relating to unsworn falsification to authorities. Date: 42? Marj a E. Jon s Defendant. .F - V CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Affidavit of Consent was served upon Defendant, Marjorie E. Jones, by personal delivery at the offices of Richard C. Seneca, Esquire, 564 Old York Road, Etters, Pennsylvania 17319 and by depositing the same in the U.S. Mail, First Class, postage prepaid on January 30, 2010, at Etters, Pennsylvania: Marjorie E. Jones 23 E. Locust Street Mechanicsburg, PA 17055 Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KORY J. JONES, N NO. 08-3247 Civil Term Plaintiff, -? t 7l M CIVIL ACTION - LAW V. CO CD MARJORIE E. JONES, : IN DIVORCE = -, !36 Defendant. AFFIDAVIT OF CONSENT 1. A Complaint Under Section 3301(c) or 3301(d) of the Divorce Code was filed on May 23, 2008, and was served upon Defendant on May 28, 2008, by personal service. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S., Section 4904, relating to unsworn falsification to authorities. Date: 2 /3 .12, 0, 0 CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Affidavit of Consent was served upon Defendant, Marjorie E. Jones, by depositing the same in the U.S. Mail, First Class, postage prepaid on February 5, 2010, at Etters, Pennsylvania: Marjorie E. Jones 23 E. Locust Street Mechanicsburg, PA 17055 Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Defendant. r 'M i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KORY J. JONES, NO. 08-3247 Civil Term u Plaintiff, CIVIL ACTION - LAW ;?. -rJ Q " ,? W r' MARJORIE E. JONES, : IN DIVORCE . -v„ - Defendant. rv . WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 301 (c) OF THE DIVORCE CODE 3F 1. I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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 unsworn falsification of .1 -1 ?G /d Date. .? J. Jbnes//Plaintiff CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Waiver of Notice of Intention to Request Entry of a Divorce Decree Under §3301(c) of the Divorce Code was served upon Defendant, Marjorie E. Jones, by depositing the same in the U.S. Mail, First Class, postage prepaid on February 5, 2010, at Etters, Pennsylvania: Marjorie E. Jones 23 E. Locust Street Mechanicsburg, PA 17055 Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Defendant. PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made and entered into this 30L" day of -7 o to 2969; by and between KORY J. JONES, hereinafter referred to as "Husband," and MARJORIE E. JONES, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties are Husband and Wife, having been married on or about August 16, 2004, in Newberry Township, York County, Pennsylvania; and WHEREAS, the parties were separated on June 1, 2008 (the "Date of Separation"); and WHEREAS, certain differences have arisen between the parties as a consequence of which they intend to separate and live separate and apart from each other during the rest of their natural lives; and NOW THEREFORE, in consideration of the foregoing and in further consideration of the covenants and promises hereinafter mutually to be kept and performed by each party hereto, as well as for other good and valuable consideration, it is agreed as follows: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place or places as he or she from time to time m-iy choose or deem fit. 2. NONINTERFERENCE. Each party shall be free from interference, authority and control, direct or indirect, by the other in all respects as fully as if he or she were single and unmarried. Each may, for his or her separate use or benefit, conduct, Page 1 of 12 I , carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Neither party shall molest, harass, disturb or malign the other or the family of said other, nor compel or attempt to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASE. The parties acknowledge that under prevailing Pennsylvania law they each have certain possible fiscal rights resulting from their marriage, including but not limited to the following: spousal support, alimony pendente lite, permanent alimony subsequent to a divorce, recovery of counsel fees, costs and expenses, the equitable distribution of marital property, as well as the right to seek discovery of assets through interrogatories or depositions. It is the intention of the parties hereto that except as otherwise provided in this Agreement, all of the foregoing rights and remedies are hereby waived and forever released. Specifically, both parties covenant and agree that both waive, release and forever relinquish their respective possible rights of spousal support of, from and against the other party; neither party will at any time seek or accept alimony pendente lite, alimony, counsel fees, costs and expenses from the other party; neither party will seek discovery of assets; and the parties have effected an equitable distribution of their marital property and, aside from the enforcement of this Agreement, neither will seek further distribution by any action at law or in equity. 4. PROPERTY. A. Real Estate. The parties acquired land together with a house situate Page 2 of 12 thereon at 18 Patton Road, Mechanicsburg, Pennsylvania. Neither resides at the property and neither party shall take up residence at the property. The parties shall immediately list the house for sale with Diane and Craig Leslie of Century 21 Piscioneri Realty, Inc. or, if the Leslies do not accept the house for sale, another Pennsylvania licensed realtor who is mutually acceptable to the parties. The net proceeds of the sale of the property shall first be applied to pay-off the first and second mortgages on the house with the remaining net proceeds, if any, being evenly divided between the parties. The parties stipulate and agree that the first mortgage is held by PHH Mortgage Services and the second mortgage is held by PNC Bank. (1) Both parties also agree to cooperation in the preparation of such documents as may be necessary to avoid foreclosure including, but not limited to, enrollment in special programs designed to assist persons to avoid foreclosure. Both parties understand that foreclosure may be unavoidable due to their financial circumstances, the current state of the economy and the real estate market, and the ability to timely sell the property. Wife shall be copied on any pleadings or other documents filed or sent by Husband or Husband's attorney in any mortgage foreclosure action or to either mortgagee as regards the said real property. (2) The parties shall take such actions as are recommended by the realtor or realtors to make the house ready for sale and to improve Page 3 of 12 the marketability of the house. Wife shall accompany the realtors on the initial walk-through of the house. Although the parties are not expected to be on-site on the same dates and at the same times to ready the house for sale, the parties shall cooperate and communicate through the realtors or legal counsel to meet their obligations pursuant to this section. (3) Husband shall be responsible for the removal of snow and ice, and for the cutting of grass until final disposition of the sale and ownership of the house. B. Personal Property. Husband and Wife do hereby acknowledge that they have divided all of their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property in as equitable a manner as possible. The parties hereby specifically waive, release, renounce and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 1. There remains a box of dishes at the property situate at 18 Patton Road, Mechanicsburg, Cumberland County and this box shall be retained by Wife. In addition, there are photographs at the said property and these photographs shall be retained by Husband. 2. Each party represents that it does not have possession of Husband's United States passport. Husband shall, therefore, and at his Page 4 of 12 discretion, obtain a replacement passport. C. Vehicles. Each party shall retain the vehicles that are currently in their possession. Specifically, Wife shall retain the 2004 Volvo and shall be solely responsible for the debt owed on said vehicle and shall indemnify and hold Husband harmless therefrom. Husband shall retain the 2006 Ford Escape and the Yamaha FZ6 motorcycle, and shall be solely responsible for any debt related to said vehicles and shall indemnify and hold Wife harmless therefrom. The parties agree to sign any titles or other documents necessary in order to effectuate the transfer of said vehicles. Each party shall give to the other party any keys in their possession to the vehicle or vehicles retained by the other party. Each party shall provide the other party with account statements, at least quarterly, to enable the other party to confirm that the loans are being timely paid. Should either party be unable to make payments on their vehicle loan that party shall immediately notify the other party. D. Bank Accounts. The parties agree that the only remaining checking and savings account is Belco Credit Union Account No. 842149 and that the parties have no remaining joint bank accounts. It is understood by and between the parties that this account is used to make payments on the 2006 Ford Escape to be retained by Husband. The parties shall take such steps as are necessary to enable the account to be closed without prejudice to Husband's loan or, alternatively, to remove Wife's name from Page 5 of 12 the account. Any individual accounts owned by the parties shall become the sole and separate property of the party in whose name the account is currently titled and both parties waive any rights they may have to the bank account(s) of the other. 5. INDEMNIFICATION FOR DEBTS. Each of the parties hereto covenants and agrees to assume full responsibility for and to pay all debts and obligations of whatsoever kind and nature incurred individually by that party after the Date of Separation, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claims on account of said debts and obligations from and after the Date of Separation. a. Husband agrees to pay the sum of $63.00 to James O. Trainer, DDS which represents a pass through of a dental insurance payment made by Husband's employer-sponsored dental insurance carrier to Husband on account of services rendered by Dr. Trainer to Wife. b. Husband and Wife shall each be responsible for the payment of deductibles and co-payments for medical and dental treatment received. C. Husband shall send to Wife any future pass through payments from health or dental insurance carriers to medical providers which are sent to Husband and Husband shall send to Wife a copy of any medical bills pertaining to Wife which are sent to Husband. 6. DISCLOSURE. The parties hereby warrant, represent, declare, acknowledge and agree that the information set forth in Section 4, is true, correct and accurate Page 6 of 12 and represents the full and complete disclosure by each party to the other of the real and/or personal property, estate, and assets of each party and any further disclosure thereof is hereby specifically waived. 7. FUTURE OWNERSHIP OF PROPERTY. Each of the parties hereto may hereafter own and enjoy, independently of any claims or rights of the other, all items of personal and real property, tangible or intangible, 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. 8. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. Husband and Wife agree that the terms of this Agreement shall be incorporated but not merged into any divorce decree which may be entered with respect to the parties and therefore Husband and Wife agree and the parties will take all reasonable steps to have this Agreement incorporated as part of any such decree. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions thereof. 9. WARRANTY AS TO FUTURE OBLIGATIONS. Wife and Husband each covenant, warrant, represent and agree that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and Page 7 of 12 all debts, charges and liabilities incurred by the other after the execution date of this Agreement. 10. LIFE INSURANCE. All life insurance policies owned by the parties shall become the sole and separate property of the party in whose name the policy is in and both parties specifically waive any rights which they may have to said policies by virtue of having been a named beneficiary thereon. 11. BANKRUPTCY. It is hereby understood and agreed by and between the parties that their obligations pursuant to this Agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that he/she has not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him/her that have been initiated by others. 12. OTHER DOCUMENTS. Each of the parties hereto shall, from time to time, at the request of the other party, execute, acknowledge and deliver unto said other party any and all further documents or instruments which may be reasonably required to give full force and effect to the terms and provisions of this Agreement. 13. DIVORCE. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to an absolute divorce on legal and truthful grounds if they now exist or may hereafter arise. This Agreement is not intended to condone, and shall not be deemed to be a condonation on the part of either Page 8 of 12 party hereto of, any act or acts on the part of either party which may have occurred prior to, or which may occur subsequent to, the date hereof. 14. SEVERABILITY. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement, and if any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, all other provisions shall nevertheless continue in full force and effect. 15. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 16. ADVICE OF COUNSEL. Both parties covenant and agree that they have had ample and sufficient time to carefully and fully review the terms and provisions of this Agreement and to seek and obtain the advice and counsel of an attorney with respect to the same. Each party has carefully reviewed the terms and conditions of this Agreement with counsel or has had the opportunity to do so. Both parties covenant and agree that they fully understand the facts upon which this Agreement is premised and based, that they believe that there has been full disclosure of assets, that they believe this Agreement to be fair, reasonable and equitable, that said Agreement is being entered into freely and voluntarily by each of them, and that the 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. Wife shall be responsible for payment of Page 9 of 12 her legal fees and Husband shall be responsible for payment of his legal fees. 17. INTEGRATION. This Agreement constitutes the entire understanding between the parties and supersedes any and all prior agreements and negotiations between.them. Both parties further agree that there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those contained herein. 18. AGREEMENT BINDING UPON HEIRS. This Agreement is binding upon the parties hereto and their respective heirs, executors, administrators and assigns. 19. EFFECTIVE DATE OF AGREEMENT. This Agreement shall be effective and binding upon both parties upon execution of this Agreement by both of them. 20. COSTS OF ENFORCEMENT. Any party breaching this Agreement is liable to the other party for all costs and counsel fees reasonably incurred by the non- breaching party to enforce his or her rights under this Agreement subsequent to the date of the signing of this Agreement. 21. COUNTERPARTS. This Agreement may be executed in counterparts, each of which will be an original and which together shall constitute one and the same instrument. 22. CONTRACT INTERPRETATION. For purposes of interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by them. 23. WAIVER OF LIABILITY. Husband and Wife each knowingly and understandingly waive any and all possible claims that this Agreement is, for any Page 10 of 12 reason, illegal or for any reason whatsoever void against public policy or unenforceable in whole or in part. Husband and Wife each does hereby warrant, covenant and agree that, in any possible event, he or she is and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 24. TIME IS OF THE ESSENCE. The parties agree that time is of the essence in carrying out the terms and conditions of this Agreement. 25. INCOME TAXES. The parties shall file separately their Federal, State and Local Income Tax Returns for 2008. Wife shall be solely entitled to claim as a deduction the mortgage interest paid on the second mortgage with PNC Bank and Husband shall be entitled to solely claim as a deduction the mortgage interest paid on the first mortgage with PHH Mortgage Services. Each party shall provide the other with the appropriate Form 1098. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESSETH: (SEAL) EAL MARJO E. JON"" Page 11 of 12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF fl a,? L", n SS. On this, the 10 ` day of r,- 6,,, , 2009, before me, a Notary Public, in and for the state and county aforesaid, the undersigned officer, personally appeared Kory J. Jones, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF 7°t K' PII?TARK SEM SUSAN L SENECA HotM KA*C FAINIEW 1WR YORK COUNTY My Commwslon Expires Feb 25, 2010 SS. (SEAL) a0X0 On this, the 30? day of Jo-^QC?r'( 2004 before me, a Notary Public, in and for the state and county aforesaid, the undersigned officer, personally appeared Marjorie E. Jones, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. MONWEALTH OF Pft"YLVA? iIA NOTARIAL SEAL RICHARD J. SENECA, Notary Public Fairview Twp., York County Commission Expires March 13, 2013 EAL) Not Pu01 Page 12 of 12 K O R Y J. JONES 1 IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION MARJORIE E. JONES, CIVIL TERM Defendant. NO. 08-3247 PRAECIPE TO TRANSART RECORD ca a sr; To the Prothonotary: -0 Mt C= rn f t`: 9' r`-j M Transmit the record, together with the following information to the court for entry of a grce rv - -G o, decree: 0` t3ti 1. Ground for divorce: : w r, Irretrievable breakdown under 3301 (c) *58 1( U " D06" "tic (Strike out inapplicable section) 2. Date and manner of service of the complaint: May 28, 2008, b y personal service, by Pennsylvania constable. 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff 2-3-2010 • by defendant 1-30-2010 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: -Not Applicable- (2) Date of filing and service of the plaintiff's affidavit upon the respondent: -Not Applicable- 4. Related claims pending: None. 5. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: -Not Applicable- b. Date of plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: F e b r u a r y 8 ,, 2010 Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: December 23, 2009 Attorney for PlaintifMr6fdA" Richard C. Seneca, Esq. PA Supreme Court I.D. No. 49807 CERTIFICATE OF SERVICE hereby certify that a copy of the attached Praecipe to Transmit Record was served upon Defendant, Marjorie E. Jones, by depositing the same in the U.S. Mail, First Class, postage prepaid on March 25, 2010, at Etters, Pennsylvania: Marjorie E. Jones 23 E. Locust Street Mechanicsburg, PA 17055 Richard C. Seneca, Esquire PA Supreme Court I.D. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KORY J. JONES V. MARJORIE E. JONES NO. 08-3247 CIVIL TERM DIVORCE DECREE f AND NOW, it is ordered and decreed that V KORY J. JONES MARJORIE E. JONES plaintiff, and , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. It is further Ordered and Decreed that the terms and conditions of a certain Property Settlement Agreement made between the parties on January 30, 2010, attached hereto and made a part hereof, in accordance with Section 8, page 7, of said Agreement "shall be incorporated but not merged into any divorce decree which may be entered with respect to the parties," etc. By the Court, ?J? Prot onotary Ll - 46-. 1 C) cu--v covt mcx? ? e-J +-C) RK? ?f - ?'• 1? 1U? tics. lMal ?f-8 -bo 1) C?. Se4, cam