Loading...
HomeMy WebLinkAbout04-2545LORY J. JONES, PLAINTIFF V. BARRY A. JONES, DEFENDANT IN THE COURT OF CC~N PLEA~ CUMBE~ COUNTY, PEN~4SYLVANIA 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 Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR Aiq~JLMENT 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. Lawyer Referral Service Cun~erland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 NOTICE OF AVAILABILITY Q~ COUNSELING TO THE WITHIN~NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of cumberland County. This notice is to advise you that in accordance with Section 3302(c) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. Ail necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. LORY J. JONES, PLAINTIFF V. BARRY A. JONES, DEFENDANT IN THE COURT OF COI~4ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. q- IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Lory J. Jones who resides at 509 E. Elmwood Avenue, Apartment 2, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Barry A. Jones who resides at 411 S. High Street, Apartment #2, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff and Defendant have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 15, 1995 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. Jones, 8. The Defendant is the United States or any of The marriage is irretrievably broken. There was one child born of this marriage, Autumn Marie born May 12, 2000. not a member of the Armed Services of its Allies. 9. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that require the parties to participate in counseling. Plaintiff requests the court to enter a decree of the Court 10. divorce. 12. hereto. 13. CLAIM I Claim for A. limony, ~tlimony Pendente Lite, Spousal Support and Attorney Fees Paragraphs 1-10 are incorporated herein by reference Lory J. Jones is without sufficient income and/or assets to support herself or pay attorney fees and is unable to fully support herself through appropriate employment. 14. Lory J. Jones requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE Lory J. an award of reasonable temporary or permanent support, alimony, and additional sums as they may become necessary from time to hereafter until final hearing and permanently thereafter attorney fees and other costs related to this action. Jones requests this Honorable court to enter APL time for Thomas D. Gould Attorney for Plaintiff I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 {717) 731-1461 VERIFICATION I verify that the statements made and correct. I understand that false subject to the penalties of 18 Pa. C.S. falsification to authorities. in this Complaint are true statements herein are made 4904, relating to unsworn MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this I,.~' day of~l~.~, 2004, by and between BARRY A. JONES (hereinafter refeffred to as "Husband") and LORY J. JONES, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on June 15, 1995; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, one (1) child was born of this marriage, Autumn Marie Jones, born May 12, 2000; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree 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 may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission by either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each party hereto completely understand and agree that neither shall do nor say anything to the child of the parties at any time that might in any way influence the child adversely against the other party. 3. DIVISION OF PERSONAL PROPERTY The parties have equitably divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in co,non. Neither party will make any claim to any items that are now in the possession nor under the control of the other. Husband is currently residing with his sister and Wife is residing in the former marital home, 509 E. Elmwood Avenue, Apartment #2, Mechanicsburg, Pennsylvania. It is Wife's intention to find alternative housing. Once Wife moves from the marital home, Husband shall be responsible and hold Wife harmless for all expenses related to the former marital home. Husband has agreed to permit Wife to have first choice in the removal of any items of personal property from the marital home. 4. AUTOMOBILES The parties own a 1999 Ford Windstar. There is a lien against the vehicle that is in both names. The monthly payment is $369.00. Wife currently has possession of the vehicle. Husband shall relinquish all his right and title to the vehicle to Wife. Wife shall be solely liable for all insurance on the vehicle and be responsible for any and all maintenance, liens and other payments related thereto. Wife shall indemnify and hold Husband harmless for all matters related to the vehicle. Beginning in 2005, Wife will attempt to refinance the van loan into her own name at least once each calendar year. Within ten (10) days of a request by Husband, Wife agrees to provide written documentation to Husband evidencing her attempt to refinance the van loan into her own name. Until the van loan is refinanced, in the event that Wife is unable to make the scheduled payment on the van, on or before the scheduled payment due date, Wife will provide Husband with ten (10) days advanced written notice, if known, thereof so that Husband may make the payment for that month. Husband would have the right to deduct the amount paid for the van loan from his alimony and child support obligations under this agreement. In the event that Wife would be unable to make two (2) consecutive monthly payments, she agrees to list the van for sale within five (5) days of a written request by Husband. Husband shall have all right and title to any vehicle he obtains. He shall maintain insurance on his vehicle and be responsible for any and all maintenance, liens and other payments related thereto. Husband shall indemnify and hold Wife harmless for all matters related to his vehicle. 5. DIVISION OF REAL PROPERTY The parties own no real estate. 6. FINANCIAL ACCOUNTS, STOCKS, BONDS AND INVESTMENTS The parties have equitably divided their respective financial accounts, stocks, bonds, joint ventures, businesses and other investments. Each party shall maintain their separate accounts and investments and hereby release any interest they may have in the other's accounts, stocks, bonds, joint ventures, businesses, real estate or other investments. 7. PENSION/RETIREMENT Wife has no pension or retirement account. Husband relinquishes any and all rights he may have in Wife's future pension or retirement accounts. Husband has a pension and/or retirement account through his employer, The Commonwealth of Pennsylvania. Husband shall list Wife as a beneficiary, in an amount equal to the amount owed for alimony, of his pension/retirement in the event Husband dies before his retirement. Except as set forth above, Wife relinquishes any and all rights she may have in Husband's pension/retirement accounts. 8. MARITAL DEBTS The parties have incurred various marital debts. Some of the debts are in Husband's name (HHF $325.00), some are in Wife's name {Target $80.00, HHF $314.00) and some are joint debts (Chapter 13 Plan payments $342.00 and American Credit $369, for the vehicle and their bankruptcy attorney $200.00). Husband shall be responsible for all marital debts solely in his name and Wife shall be responsible for all marital debts solely in her name. Husband shall be liable for and hold Wife harmless for the Chapter 13 Plan payments and the bankruptcy attorney's fee. Wife shall be liable for and hold Husband harmless for the vehicle loan payments. 9. ALIMONY, SUPPORT u%ND APL ~ Through ~, 2004 Husbano shall pay Wife $600.00 per month for her support and the support of their child. Effective October 1, 2004, Husband shall pay, as alimony, Wife $250.00 each and every month, on the 1~t of each month, for a period of 60 months. This amount shall not terminate except for the death of either party or the marriage of Wife. In all other respects each party hereby waives, releases, discharges and gives up any rights either may have against the other to receive spousal support, alimony pendente lite or alimony. 3 10. CUSTODY The parties agree that Husband and Wife shall share Legal Custody and Physical Custody of their child. Wife agrees to work with Husband's work schedule to insure that he has regular meaningful contact with his daughter. Each party agrees to inform the other of the major parenting decisions affecting the child's health, education and welfare. Each party shall have the right to access the child's medical, educational and other records. The parents will be required to coordinate their daughter's activities schedule to insure their respective availability. Neither party is to relocate a significant distance frem the other so as to negatively effect the shared physical custody schedule, without written agreement of the other or Court Order. The parties agree that the above custody arrangement may be changed by the mutual agreement of the parties or, if the parties are unable to agree, throughlegal action. ~ /~2~ CHILD SUPPORT HusBand shall pay Wi~70.00 bi-weekly, for child support. Payment must be received within 3 days of Husband's pay day. If Husband is late in his support payment, Wife shall have the right to seek a Support Order and wage attachment. Husband shall provide medical, dental and vision insurance for Autumn. He shall be responsible for 50% co-pays, deductibles and any other expenses not covered by the insurance. Husband shall also reimburse Wife ½ of the costs related.to ~tumn's school and extra- curricular activities. Husband agrees to continue to provide his daughter with clothing and school supplies. The support amount may be modified with a material change in circumstances, as agreed by the parties. If the parties are unable to agree, either party may seek modification by the Domestic Relations Office (DRO) or court of competent jurisdiction. 12. FILING OF IRS RETURN Husband and Wife agree to file a separate tax return for tax year 2004 and in all subsequent years.~4q~ ~ 13. DIVORCE ~ ~,~~ The parEles agree Eo coopera~e ~lEn each other in obtaining a final divorce of the marriage that Wife has filed, docketed in the Cu~erland County Court of Co~on Pleas at 2004- 2545 CIVIL TE~. It is agreed that upon expiration of the 90-day waiting period, Septe~er 7, 2004, the parties shall promptly execute and allow to be filed the doc~ents necessary to obtain an uncontested no-fault divorce. 14. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Lindsay Gingrich Maclay, Esquire, for Husband, and Thomas D. Gould, Esquire, for Wife. 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 legal 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. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or posses individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 15. DISCLOSURE OF ASSETS Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depos~Ltions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his ,Dr her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this commonwealth or any other court of competent jurisdiction. The respective parties do hereby warrant that there has been full and fair disclosure to the other of his or her income, assets and liabilities, whether such are held jointly or in the name of one 5 party alone, and each party agrees that any right to further disclosure, valuation, enumeration or statement hereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that on the basis of their respective warranties of disclosure, the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 16. ATTORNEY FEES Each party shall be responsikle for their respective attorney fees and costs. 17. INCORPORATION This agreement is to be incorporated into any subsequent Decree in Divorce. 18. CONTINUED COOPERATION The parties agree that they will within fifteen days after the execution of this agreement, or request of the other party, execute any and all written instruments assignments, releases, deeds or notes or other writings as may be necessary or desirable for the proper effectuation of this agreement. 19. BREACH If either party breaches any provision of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 2 0. VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledges that the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 6 21. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights: he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator/executor of the other's estate. 22. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 23. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities as this agreement. The failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 24. PRIOR AGREEMENTs It is understood and agreed that any prior agreements which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void. 25. ENTIRE AGREEMENT This agreement contains the entire understanding of the parties and there are no representations, warranties, Covenants or undertakings other than those expressly set forth herein. 26. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever in determining the rights or obligations of the parties. 27. APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. IN W~ the parties set their hands and seals Witness Commonwealth of Pennsylvania: County of C~fD~p~L~ : ss PERSONALLY APPEARED BEFORE ME, this /~ day of ~~°~6t~ 2004, a notary public, in and for the Commonwealth of Pennsylvania, Barry A. Jones, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained· NOTARIAL SEAL J KANDI L LENKER, NOTARY PUBUO J CARLISLE BORO, CUMBERLANDCOUN~ J IV~ COMMISSION EXPIRES FEBRUARY20, 2005 J Notary Pu~ Commonwealth of Pennsylvania: County of ~YY% ~/- (lQ : SS PERSONALLy APPEARED BEFORE ME, this ~cJay %~ 2004, a notary public, in and for the Commonwealth of ' , Lory J. Jones, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the p~oses herein NO t a r Y,_(~a(~TH OF PENNSYLVANIA I _ L- -~'~'~- M' G(xild, NolalY Put341c I ~'~"?r~..So~,~Co~y I LORY J. JONES, : PLAINTIFF : V. BARRY A. JONEs, : DEFENDANT : IN THE COURT OF COb~4ON PLEAS CUMBEP~SAND COUNTY, PENNSYLVANIA NO. 200~ - 2545 CIVIL IN DI~DRCE AFFIDAVIT OF CONSE}~ 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 4, 2004. 2. The marriage of Plaintiff and Defendant is broken and ninety (90) days have elapsed[ from the filing and service of the Complaint. irretrievably date of the 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: LORY J. BARRy A. JONEs, PLAINTIFF JONE S, DEFENDANT IN THE COURT OF COlv~ON PLEAS CUMBEI~LAND COUNTY, PENNSYLVANIA NO. 20'0~ - 2545 CIVIL IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 4, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. LORY J. JONES, PLAINTIFF BARRy A. JONE S, DEFENDANT IN THE COURT OF CO~ON PLEAS CUMBEPJ~UND COUNTY, PENNSYLVANIA NO. 200~ - 2545 CIVIL IN DIVORCE ~AIVER QF NOTICE OF INTENTIO~~ ENTRY OF A DIVORCE SECTION 3301¢c) OF THE 1. I consent to the entry of a final decree without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this and Correct. I understand that false statements Affidavit are true herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: LORY J. JONEs, PLAINTIFF BARRy A. JONES, DEFENDANT IN THE COURT OF CO~4ON PLEAS CUMBEP~LAND COUNTY, PENNSYLVANIA NO. 200~ - 2545 CIVIL IN DIVORCE W~IVER QF NOTICE OF INTENTION TO NEOUESi ~NTR¥ OF A DIVORCE DEQ~_~ SECTION 3301(c) OF THE DIV~E_Q~ 1. I consent to the entry of a final decree without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in tlhis Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: LORY J. BARRy A. JONES, PLAINTIFF JONEs, DE FE NDAN T IN THE COURT OF CO~ON PLEAS CUMBER]/a/~D COUNTY~ PENNSYLVANIA NO. ~)~ ~ _ ~ C ( u ~'c IN DIVORCE ACCEPTANCE OF SERVICE Dated: I, Barry A. Jones, accept service of the Divorce Complaint in the above captioned matter. 411 S. High Street/ Apartment #2 Mechanicsburg, PA 17055 DEFENDANT LORY J. JONEs, PLAINTIFF : V. BARRy A. JONEs, : DEFENDANT . IN THE COURT OF CON~4ON PLEAs CL~BEPdLAND COUNTY, PENNSYLVANIA NO. 200~ - 2545 CIVIL IN DIVORCE TO the Prothonotary: Transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On June 7, 2004 by Acceptance of Service. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff, September 15, 2004; By Defendant, September 14, 2004. 4. Related Claims pending: ~ 5. Date Plaintiff,s Waiver of Notice in was filed with the Prothonotary on September 16, Date Defendant,s Waiver of Notice in § was filed with the Prothonotary on September 16, 3301(c) divorce 2004. 3301(c) divorce 2004. Thomas D. Gould, Esquire Attorney For Plaintiff INTHE COURT Of COIVIIVION OF CUMBERLAND COUNTY STATE OF ~~~ PENNA. LORY J- JONES, PLEAS Plaintiff VERSUS BARRY A. JONES, Defendant No. 200~ - 2545 CIVIL DECREE IN DIVORCE AND NOW,_ DECREED THAT LORY J. JONES AND BARRY A. JONES ,___2004~., IT IS ORDERED AND ~ PLAINTIFF, , DEFENDANT, ArE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; THE MARRIAGE SETTLEMENT AGREEMENT DATED gEPTEMBER 15, 2004 IS HEREBY INCORPORATED INTO T~ I;IVO____RCE. ATTEST: //'~/ PROTHONOTARy