HomeMy WebLinkAbout09-7605ROBERT C. JORGENSEN, JR., IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. -'1U05 0'-'."crem
HEATHER P. JORGENSEN,
Defendant CIVIL ACTION - DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN
THE FOLLOWING PAGES, YOU MUST TAKE PROMPT ACTION. YOU ARE WARNED THAT IF YOU FAIL TO
DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAY BE
ENTERED AGAINST YOU BY THE COURT. A JUDGMENT MAY ALSO BE ENTERED AGAINST YOU FOR ANY
OTHER CLAIM OR RELIEF REQUESTED IN THESE PAPERS BY THE PLAINTIFF. YOU MAY LOSE MONEY OR
PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATION OF YOUR
CHILDREN.
WHEN THE GROUND FOR 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 THE CUMBERLAND COUNTY COURTHOUSE, 1
COURTHOUSE SQUARE, CARLISLE, PA 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR
EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM
ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
32 S. BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
4
ROBERT C. JORGENSEN, JR., IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. O q - ?G 5 Cc.l T"'.
HEATHER P. JORGENSEN,
Defendant CIVIL ACTION - DIVORCE
COMPLAINT
DIVORCE UNDER SECTION 3301 (c) AND SECTION (d) OF THE DIVORCE CODE
1. Plaintiff is Robert C. Jorgensen, Jr., who currently resides at 3811 Dorset Drive,
Mechanicsburg, Cumberland County, Pennsylvania 17050.
2. Defendant is Heather P. Jorgensen, who currently resides at 3811 Dorset Drive,
Mechanicsburg, Cumberland County, Pennsylvania 17050.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at
least six (6) months prior to the commencement of this action.
4. Plaintiff and Defendant were married on January 2, 1997 in Harrisonburg, Virginia.
5. The parties have three minor children from the marriage: Marissa R. Jorgensen, born
July 5, 1994, Robert C. Jorgensen, III, born September 18, 1999, Ryan S. Jorgensen, born January
20, 2005.
6. There has been no prior divorce action filed in this matter.
7. Husband is a member of the Armed Forces on active duty.
8. Plaintiff has been advised that counseling is available and that he may have the right
to request that the Court require the parties to participate in counseling. Being so advised, Plaintiff
does not request that the Court require the parties to participate in counseling prior to a Divorce
Decree being issued.
9. The cause of action and sections of the Divorce Code under which Plaintiff is
proceeding are:
(a) § 3301(c). The marriage of the parties is irretrievably broken; and
(b) § 3301(d). The marriage of the parties is irretrievably broken and, at the
appropriate time, Plaintiff will file an affidavit stating that the parties have been living separate and
apart for a period of at least two (2) years.
10. Plaintiff requests this Court to enter a Decree of Divorce.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order
dissolving the marriage between Plaintiff and Defendant.
Respectfully Submitted,
COLGAN MARZZACCO, LLC
By. Timothy J. ire
Attorney ID #77944
130 West Church Street
Suite 100
Dillsburg, PA 17019
Tel: (717) 502-5000
Fax: (717) 502-5050
Dated: 1(-2-0
ROBERT C. JORGENSEN, JR., IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO.
HEATHER P. JORGENSEN,
Defendant CIVIL ACTION - DIVORCE
VERIFICATION
I, Robert C. Jorgensen, Jr., hereby certify that the facts set forth in the foregoing Complaint in
Divorce are true and correct to the best of my knowledge, information and belief, and that false
statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn
falsification to authorities.
Dated: 0 Z d 6
R RT C. JORGENSE , JR.
Plaintiff
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ROBERT C. JORGENSEN, JR.,
Plaintiff
V.
HEATHER P. JORGENSEN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
5 V')
CIVIL ACTION - DIVORCE
ACCEPTANCE OF SERVICE
I, Dawn S. Sunday, Esquire, Attorney for Defendant, accept service of Plaintiff s Complaint
in Divorce in the above-captioned matter filed on November 4, 2009. I certify that I am authorized
to accept service on behalf of said Defendant, Heather P. Jorgensen.
Date: A)aw ml 9,2-w 9
Dawn S. Sunday, Esquire
Attorney I.D. No.: -qt9j-_q
Sunday & Sunday
39 West Main Street
Mechanicsburg, PA 17055
717-766-9622
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Robert C. Jorgensen, Jr. .
~~
Heather P. Jorgensen NO, 09-7605
DIVORCE DECREE
AND NOW, ~ e - l ~ 2~c~ it is ordered and decreed that
Robert C. Jorgensen, Jr.
plaintiff, and
Heather P. Jorgensen ,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"
By the Court,
~~
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IN THE COURT OF COMMON PLEAS OF CUl' KRLAND COUNTY,
PENN Yf) . :ANIA
rap k? SU .?c .
j Plaintiff
Vs File No. CA - 7 (a()
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IN DIVORCE
efendant
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff / defendant in the above matter,
[select one by marking "x"]
prior to the entry of a Final Decree in Divorce,
or I_ after the entry of a Final Decree in Divorce dated d, 5- Z P) b
hereby elects to resume the prior surname of a((I (1 <-. , and gives this
written notice avowing his / her intention pursuant-to the provisions 4 P.S. 704.
Date:
Signatur
Signature of name being resumed
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF
On the dc/-d day of k1011, , 208 ff), 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.
Prothonotary or otary Public
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ROBERT C. JORGENSEN, JR., : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLV
C-) V.
-a3
NO. 09-CV-7605 it
HEATHER P.PERRINE f/n/a ter"
HEATHER P. JORGENSEN
Defendant : CIVIL ACTION - LAW°
: IN DIVORCE =C) :.
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AMENDED MARITAL SETTLEMENT AGREEMENT
AND NOW this TIC day of J?4 , 2012, an agreement having
been made by and between ROBERT C. JORGENSEN, JR., hereinafter called
"ROBERT" and HEATHER P. PERRINE, hereinafter called "HEATHER", and
whereby a Marital Settlement Agreement was signed by the parties on March 18, 2010
(see attached). THE MARITAL SETTLEMENT AGREEMENT OF MARCH 18,
2010 IS AMENDED AS FOLLOWS:
AND NOW, THEREFORE, in consideration of these premises, and of the
mutual promises, covenants, and undertakings hereinafter set forth, and for other good
and valuable consideration, receipt and sufficiency of which is hereby acknowledged by
each of the parties hereto, Robert and Heather, each intending to be legally bound hereby,
covenant and agree as follows:
1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal
effect are understood by the parties. Sanford A. Krevsky, Esquire, is representing Robert
and Joann Harrison Clough, Esquire, is representing Heather. Each party acknowledges
that he or she has received independent legal advice from counsel of his or her selection,
and that each fully understands the facts and has been fully informed as to his or her legs
rights and obligations, and each party acknowledges and accepts that this Agreement is,
in the circumstances, fair and equitable, and that it is being entered into freely and
voluntarily, after having received such advice and with such knowledge, and that
execution of this Agreement is not the result of any duress or undue influence, and that it
is not the result of any improper or illegal agreement or agreements.
2. ALIMONYAND CHILD SUPPORT PAYMENTS. Parties agree that the
prior Alimony and Child Support payments as outlined in the prior Marital Settlement
Agreement of March 18, 2010 are null and void and replaced with the following Alimony
and Child Support payments.
Dates of payments Total Alimony/ Child Support payments Percentage
3/1/12 to 7/31/12 $2,500.00 25%
8/1/12 to 12/31/15 $1,900.00 25%
1/1/16 to 12/31/17 $1,600.00 25%
1/1/18 to 7/31/18 $1,400.00 0
8/1/18 to 7/31/20 $1,000.00 0
8/1/20 to 7/31/23 $800.00 0
3. CONDITIONS OFALIMONYAND CHILD SUPPORT PAYMENTS.
A) Parties agree that Robert's responsibility for payment of Alimony to
Heather shall cease if Heather remarries. Robert will cease paying Heather Alimony if
Heather is cohabitating on or after March 1, 2013. In the event that cohabitation ceases,
Alimony shall be reinstated. If Heather is cohabitating after March 1, 2012, she will
provide Robert with the full name and birth date of the individual with whom she is
cohabitating. If Heather fails to notify Robert of her cohabitation, she will be responsible
for reimbursing Robert the full amount of alimony paid to Heather while she was
cohabitating from the date of March 1, 2013 through the time it was proved that she was,
in fact, cohabitating. Additionally, if Heather ceases cohabitating then alimony shall be
reinstated upon her proof that she is no longer cohabitating.
B) Parties agree that Heather will waive a 15% increase in child support
payments per paragraph twenty (20) of the original Marital Settlement Agreement dated
March 18, 2010, in the event that Robert is deployed. Payments shall remain the same
whether Robert is deployed or at home.
4. MEDICAL COSTS. Parties agree that any medical costs exceeding
$50.00, including but not limited to, co pays and prescriptions for the children, which are
not covered or reimbursed by insurance, shall be shared equally between the parties.
EXTRAORDINARY EXPENSES associated with the children's school,
such as graduation fees, senior pictures, and similar expenses shall be discussed prior to
their incursion and, once agreed upon, shall be shared equally. All other extraordinary
expenses related to the children shall be discussed and agreed upon in advance and shared
in some way as arranged by agreement between Robert and Heather.
5. COUNSEL FEES. Each party shall be responsible for satisfying their own legal
fees.
6. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time,
at the request of the other, execute, acknowledge and deliver to the other party, any and
all further instruments that may be reasonably required to give full force and effect to
the provisions of this Agreement.
7. SEPARABILITY. In case any provision of this Agreement should be held to
be contrary to, or invalid under, the law of any country, state or other jurisdiction, such
illegality and invalidity shall not in any way affect the other provisions hereof, all of
which shall continue, nevertheless, in full force and effect, and each paragraph herein
shall be deemed to be a separate and undisputed covenant and agreement.
8. MODIFICATIONAND WAIVER. A modification or waiver of any of the
provisions of this Agreement shall be effective onl if made in writing and executed
with the same formality as this Agreement. The failure of either party to insist upon
strict performance of the provisions of this Agreement shall not be construed as a waiver
of any subsequent default of the same or similar nature.
9. INTENT. It is the intent of the parties by this Agreement to fully and finally
foreclose any resort to the courts for relief on the basis of any statute or case law
presently existing or which may exist at some time in the future within the
Commonwealth of Pennsylvania, including but not limited to equitable distribution,
alimony and other relief under the Pennsylvania Divorce Code, as amended. This
Agreement has been drafted and accepted on the basis that such resort would constitute
a breach under this Agreement, entitling the non-breaching party to reimbursement for
actual counsel fees. Other than as provided by the terms of this instrument, it is intended
that the court shall treat the parties as if they had never entered into a marital
relationship. This Agreement shall be interpreted and governed by the laws of the
Commonwealth of Pennsylvania and, where such law is inconsistent, the terms of this
instrument shall govern.
IN WITNESS WHEREOF, The parties hereto set their hands and seals on the dates of
their acknowledgements.
WITNESS:
SANFORD A. KREVSKY, ESQUIRE ROBERT C.
WITNESS (NAME) £ (?G?, ?{ C(a?q?, HEATHER P. PERRINE
Z ?
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF oaup1 kn
: SS
Before me, the Subscriber, a Notary Public for the Commonwealth of
Pennsylvania, County of Dauphin, personally appeared the said ROBERT C.
JORGENSEN, JR., who in due form of law acknowledged acceptance of the foregoing
Marital Settlement Agreement and desired the same might be recorded as such.
WITNESS my hand and Notarial Seal the day and year aforesaid.
Notary Public
Sworn to and subsc 'bed NOOIOIAI fEAI
PAN L PNMDMTS
before this day ft"Pow
of WUMIIp1NIQ CITE OMAN COUNTY
' WO eowM?17,2616
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
: SS
Before me, the Subscriber, a Notary Public for the Commonwealth of
Pennsylvania, County of Dauphin, personally appeared the said HEATHER P.
PERRINE, who in due form of law acknowledged acceptance of the foregoing Marital
Settlement Agreement and desired the same might be recorded as such.
WITNESS my hand and Notarial Seal the day and year aforesaid.
Notary Public
Sworn to and subscribed
before me this (P.- day
of 201L
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ROBERT C. JORGENSEN, JR., : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 09-CV-7605
HEATHER P. PERRINE f/n/a
HEATHER P. JORGENSEN :
Defendant : CIVIL ACTION - LAW c
IN DIVORCE
- -V
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8 CF
ORDER OF COURT
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AND NOW, this FT day of , 2012, upon co
stipulation of the parties, it is hereby ORDERED and DECREED that the terms,
conditions and provisions of the attached Amended Custody Stipulation entered into by
the parties and executed by the parties and their counsel, are adopted as an Order of
Court.
BY THE COURT:
DISTRIBUTION:
Prothonotary
? Sanford A. Krevsky, Esquire, 1101 North Front Street, Harrisburg, PA 17102
Heather Perrine, 8628 Appleton Court, Annandale, VA 22003
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