HomeMy WebLinkAbout04-4034
JOHANNA B. JONES
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
CIVIL ACTION - LAW
DIVORCE
JAMES A. JONES, III
Defendant
NO. eJ./- 463 t.j
CiOl-L~~
NOTICE
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 in divorce or annulment may be entered
against you by the court. A judgment may also be entered against you for any other claim or
relief requested in these papers by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary at:
Office of the Prothonotary
Cumberland County Courthouse
I Courthouse Square
Carlisle, Pennsylvania 17033
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LA WYER'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 BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(71 7)249-3166
JOHANNA B. JONES
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
CIVIL ACTION - LAW
DIVORCE
JAMES A. JONES, III
Defendant
NO. D4 - 4OJ~
Q:lU'lll€1tJt\
COMPLAINT IN DIVORCE
I. Plaintiff Johanna Jones who currently resides at 827 Ridgewood Drive,
Mechanicsburg, Cumberland County, Pennsylvania 17050.
2. Defendant is James Jones, III, who currently resides at 827 Ridgewood
Drive, Mechanicsburg, Cumberland County, Pennsylvania] 7050.
3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months
immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on August 27, 1994, in Camp
Hill, Cumberland County, Pennsylvania.
5. Two children were born of this marriage, Hannah Jones (d.o.b. 2-28-98) and
Katherine Jones (d.o.b. 7-]8-03).
6. Plaintiff is not currently in the military or naval service of the United States
or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of
Congress of 1940 and it amendments. Defendant is currently a Sergeant in the
Pennsylvania Army National Guard.
7. There have been no prior actions of divorce or for annulment between the
parties.
8. The marriage is irretrievably broken.
9. 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 Court enter a Decree in Divorce
divorcing Plaintiff and Defendant and such other Orders as are just and appropriate.
COUNT II
EQUITABLE DISTRIBUTION
10. The averments of paragraphs 1-9 are incorporated herein by reference.
11. During the marriage the parties acquired marital property, assets and debts
which Plaintiff requests the Court equitably distribute and assign.
WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce
divorcing Plaintiff and Defendant, enter an Order equitably distributing marital property
and such other orders as may be just and appropriate.
Respectfully submitted,
Date: g - Ji- (J'!
~a N lfuJtl
Melissa 1. Van Eck, Esquire
Attorney 10 No. 85869
7800 A Allentown Blvd.
Suite B
P.O. Box 6662
Harrisburg, PA 17112
(717)540-5406
Attorney for Plaintiff
VERIFICATION
I, Johanna Jones, verify that the statements made in the foregoing COMPLAINT
in DIVORCE 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.
g4904, relating to unsworn falsification to authorities.
Date: ?; /12./ 0 4'
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
JOHANNA B. JONES,
Plaintiff
No. 2004-4034 (Civil Term)
v.
CIVIL ACTION - LAW
JAMES A. JONES, III,
Defendant
(In Divorce)
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this .~r.L. day of ~t f cJ,
, 2005, by and
between Johanna B. Jones (hereinafter "Wife") of Mechanicsburg, Cumberland County,
Pennsylvania and James A. Jones, III (hereinafter "Husband") of Mechanicsburg, Cumberland
County, Pennsylvania.
WITNESSETH:
WHEREAS, the parties are Husband and Wife, married on August 27, 1994, in Camp
Hill, Cumberland County, Pennsylvania; and
WHEREAS, two children were born of the marriage, Hannah Elizabeth Jones (d.o.b. 2-
28-98) and Katherine Mary Jones (d.o.b. 7-18-03); and
WHEREAS, unhappy differences and difficulties have arisen between the parties, in
consequence of which Ihe parties intend to live separate and apart for the rest of their natural
lives; and
WHEREAS, Husband and Wife are the Defendant and Plaintiff, respectively, in a divorce
action filed in the Court of Common Pleas of Cumberland County, Pennsylvania to Docket
Number 04-4034 Civil Term; and
WHEREAS, the parties desire, after long and careful \:onsideration, to settle fully and
finally their respective financial and property rights and obligations as between each other,
including but not limited to the ownership and equitable distribution of real and personal
property; past, present and future support, alimony and/or maintenance, counsel fees and/or
costs; and any and all claims which either party has, or may havle, against Ihe other or the other's
estale; and
WHEREAS, the parties hereto desire to enter into an agreement solidifying and
memorializing a custody arrangement, which the parties believe IS representative of the
children's best interesl at the present time; and
WHEREAS, the parties hereto desire to enter into an agreement solidifying and
confirming an arrangement for the support of their children; however, nothing in this Agreement
would prohibit either party from filing for a modification with their local Domestic Relations
Office; and
WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to
obtain independent legal advice of counsel of their selection; that Husband has been
independently represented by Lindsay Gingrich Maclay, Esquire, of Daley, Zucker & Gingrich,
LLC, and that Wife has been independently represented by Melissa L. Van Eck, Esquire of Van
Eck and Van Eck, P.C.; and
WHEREAS, both Husband and Wife each covenant that they have made full and
complete disclosure to the other of his and her respective property holdings and income; and
WHEREAS, each party has had an opportunity to verify the financial disclosure of the
other. Discovery, if any, has been conducted to Ihe satisfaction of each party. Each party has
had the opportunity to investigate further the financial disclosure of the other, and has had access
to any desired books and/or records necessary to investigate further, should they desire to do so.
Each party had an opportunity to verify and/or do an independent valuation of assets, liabilities
and income of the other party. To the extent either party decided not pursue further discovery
and investigation, he or she did so voluntarily and specifically waives the right to challenge this
Agreement based on the absence of full and fair disclosure; and
NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by
reference and deemed an essential part hereof and in consideration of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable consideration,
receipt of which the parties acknowledge, Husband and Wife, eal~h intending to be legally bound,
hereby covenant and agree as follows:
1. SEPARATION:
Each party shall have the righl to live separate and apart from the other party, free from
the other party's interference, authority and control. Neither party shall interfere with the other
or attempt to interfere with the other, nor compel the parties' cohabitation. Neither party shall
disparage or discredit the other in any way, nor in any way injure his or her reputation; nor shall
either of them act or permit anyone else to act in any way which might tend to create any
disaffection or disloyalty or disrespect between the members of the family of either party.
2. HUSBAND'S AND WIFE'S DEBTS:
Except as otherwise set forth in this Agreement, the parties represent and warrant to each
other that they have not incurred and will not contract or incur any debt or liability for which the
other or Ihe other's estale might be responsible. Each party shall indemnify and save harmless
the other party from any and all claims or demands made against the other by reason of debts or
obligations incurred by that party.
3. WAIVER OF RIGHTS AND MUTUAL RELEASES:
Except as provided in this Agreement, both parties absolutely and unconditionally release
and forever discharge each other and their heirs, executors, administrators, assigns, property and
estate from any and all rights, claims, demands or obligations arising out of or by virtue of the
marital relationship, whelher such claims exist now or arise in the future. This release shall be
effective regardless of whether such claims arise oul of former or future acts, contracts,
engagements or liabilities of the parties or by the way of dower, curtsy, widow's rights, family
exemption or similar allowance, or under the intestale laws, or the right to take against the
spouse's will, or the right 10 treat a lifetime conveyance by Ihe (llher as lestamentary, or all other
rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under
the laws of Pennsylvania, any state, commonwealth or terrilory of the United States, or other
country.
Excepl for any cause of action for divorce which either party may have or claim to have,
and except for the obligations of the parties contained in this Agreement, each party gives to the
other an absolute and unconditional release and discharge from all causes of action, claims,
rights or demands whatsoever, in law or in equity, which either party ever had or now has against
the other, including but not limited to, alimony, alimony pendente lite, spousal support, equitable
distribution of marital property, counsel fees or expenses.
4. REAL ESTATE:
The parties own, as tenants by the entireties, improved real property situated at 827
Ridgewood Drive, Mechanicsburg, Cumberland County, Pennsylvania ("Marital Residence").
The parties have agreed to list and sell Ihe Marital Residence. At the time of creation of this
Agreement, the Marital Residence is under contract for One Hundred Ninety Thousand
($190,000.00) Dollars, with an Eight Hundred ($800.00) Dollar credit to the buyers. Settlement
occurred on or about January 26, 2005. The parties have equally divided the equity in the
Marital Home, after consideration of realtor's fees, payoffs, and settlement charges.
5. DIVISION OF PERSONAL PROPERTY:
All personal property currently in the possession of Husband shall be the sole and
separate property of Husband with the exception of the items lisled on Exhibit "A". Except as
otherwise provided herein, all personal property currently in the possession of Wife shall be the
sole and separate property of Wife. Except as otherwise provided herein, the parties mutually
agree that each party shall, from and after the date hereof, be Ihe sole and separate owner of all
such property presently in his or her possession whether said property was heretofore owned
jointly or individually by the parties hereto. This Agreement shall have the effect of an
assignment or bill of sale from each party to the other for such property as may be in the
individual possession of the parties hereto.
6. MOTOR VEHICLES:
Husband shall retain sole and exclusive ownership of the Jeep vehicle currently in his
possession and agrees to assume sole responsibility for all outstanding encumbrances, if any.
Wife shall retain sole and exclusive ownership of the Saturn vehicle currently in her possession
and agrees to assume sole responsibility for all outstanding encumbrances, if any.
The parties hereto shall acquire and/or maintain separate insurance on Ihe vehicle
currently in their possession, and shall hold harmless and indemnify the other party from any loss
thereon. Both parties agree to execute, within thirty (30) days of the date ofthis Agreement, any
and all forms, titles and documents necessary to transfer the aforesaid vehicle from joint
ownership to individual ownership, as specified herein.
7. JOINT DEBTS:
The parties acknowledge that they have no debts which were jointly incurred during their
marriage except for the following:
a. Home Depot Credit Card
b. USAA Visa Credit Card
c. Value City Credit Card
d. LA Weight loss Card
e. GM Credit Card
Husband agrees to assume full and sole responsibility for the payment of the Value City
Credit Card.
Wife agrees to assume full and sole responsibility for the payment of the following:
Home Depot Credit Card
USAA Visa Credit Card
LA Weight loss Card
GM Credit Card
Any debts or obligations incurred by either party in his/her individual name, other than
those specified herein, whether incurred before or after separation, August 22, 2004, are the sole
responsibility of the party in whose name the debt or obligation was incurred. Husband agrees to
assume full and sole responsibility for the payment of all of the: debt in his name and agrees to
indemnify Wife for any loss sustained as a result of his failure to do so. Wife agrees to assume
full and sole responsibility for the payment of all of the debt in her name and agrees to indemnify
Husband for any loss suslained as a result of her failure 10 do so.
Commencing in September of 2004, Husband agrees to pay Wife the sum of Four
Hundred Fifty ($450.00) Dollars per monlh for a period of two (2) years to assist with payment
of the marital debt. These payments shall be a part of equitable distribution and shall not
constitute alimony.
8. RETIREMENT BENEFITS:
Each of the parties does specifically waive, release, renounce and forever abandon all of
his or her right, tide, interesl or claim, whalever it may be, in any pension/retirement/profit
sharing/IRA plan of the other party, whether acquired through said other parties' employment or
otherwise, and hereafter said pension/retiremenIiprofit sharing/IRA plan shall become Ihe sole
and separate property of the party in whose name or whose employment said plan is carried.
Husband's military retirement includes a Joint Survivor Annuity. I, Johanna B. Jones, as
spouse of participant, James A. Jones, III, understand that I have the right to have said mililary
pension plan pay my spouse's retirement benefits in the special QJDA payment form, and agree
to give up that right. I understand that by signing this Agreement, I may receive less money than
I would have received under the special QJSA payments from and I may receive nothing after
my spouse dies, depending on the payment form [or beneficiary] Ihat my spouse chooses.
I, Johanna B. Jones, understand that by signing this Agreement, my spouse can choose
any retirement benefit form [and any beneficiary] thaI is allowed by the plan without telling me
and without getting my agreement. I also understand that my spouse can change the retirement
benefit form selected [or the name of a beneficiary] at any time before retirement benefits begin
without telling me and without getting my agreement.
I, Johanna B. Jones, further understand that I can limit my spouse's choice to a particular
retirement benefit form [and a particular beneficiary who will receive payments from the plan
after the death of my spouse] and that I am giving up that right
I, Johanna B. Jones, understand that I do not have to sign this Agreement. I am signing
this Agreement voluntarily.
I, Johanna B. Jones, understand that if! do not sign this Agreement, then my spouse and I
will receive payments from the plan in the special QJSA payment form.
9. DIVISION OF BANK ACCOUNTS:
Husband and Wife acknowledge thaI all joint bank accounts have been closed or divided to their
mutual satisfaclion prior to the execution ofthis Agreement.
10. AFTER-ACQUIRED PROPERTY:
Each of the parties shall own and enjoy, independently of any claims or rights of the
other all real property and all items of personal property, tangible or intangible, hereafter
acquired, with full power to dispose of the same as fully and eff()ctively as though he or she were
unmarried. Any property so acquired shall be owned solely by that party and the other party
shall have no claim to that property.
11. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY:
Husband and Wife waive and relinquish all rights, if allY, to spousal support, alimony
pendente lite and alimony. Any transfer of monies between the parties pursuant to any term of
this Agreement shall not constitute alimony but is made as part of the parties' equitable
distribution settlement.
12. CHILD SUPPORT:
For so long as Wife is primary custodian of the parties minor children, Husband shall pay
the sum of $1,000.00 per monlh for child support. Husband further agrees to wage attach Ihese
payments so that Wife will be paid directly by his employer. Husband is paid on the 1 st and the
15th of each month. The payments will be in two equal payments of $500.00. The parties hereto
agree to enter into any additional Stipulation and Agreement which may be needed 10 have
Husband wage-attached through the Cumberland County DOffil~stic Relations Office and which
may be needed to give full force and effect to this provision.
13. CUSTODY:
The parties shall share joint legal custody of their minor children. Wife shall have
primary physical custody of the minor children. Husband shall have partial physical custody as
agreed - every other weekend from Friday at 6:00 p.m. to Sunday at 4:00 p.m. Husband shall
also exercise periods of partial physical custody every Wednesday evening from 5:30 p.m. to
Thursday at 8:00 a.m., or whenever the children will need to be at daycare/school.
The parties recognize Ihat Husband, as a result of him being involved in the Nalional
Guard, will have weekends that he will, due to no fault of his own, be unable to take the children
for his regularly-scheduled custodial time. The parties agree to work together to ensure that if
Husband has to miss a scheduled weekend for training and/or deployment, Husband will be
given every opportunity 10 make up the missed weekend.
The holiday schedule shall consist of the following:
Thanksgiving: Husband shall have the children from Wednesday evening
(before Thanksgiving) to Fridayaf1:ernoon. Wife shall have the
Christmas:
children from Friday afternoon for the remainder of the holiday
weekend.
Wife shall have the children from December 24th until December
26th. Husband shall have the children from December 26th to
December 28th.
The parties agree 10 alternate this holiday. Wife shall have the odd
numbered years. Husband shall have the even numbered years.
Mother's Day: The children shall be with Wife.
Memorial Weekend: The children shall be with Husband.
Easter:
Father's Day: The children shall be with Husband.
July 4th: The children shall be with Husband for up to five (5) days.
Labor Day Weekend: The children shall be with Wife.
The parties agree that they each shall have two weeks of summer vacation with Ihe
children. Additionally, the parties agree that the children will be permitted to visit with their
paternal grandparents for a period not exceeding two (2) weeks each summer.
14. TAX MATTERS:
The parties have negotiated this Agreement with the understanding and intention to
divide their mutual property. The parties have delermined that such division conforms to a right
and just standard with regard to the rights of each party. The division of existing marital
property is not, except as may be olherwise expressly provided herein, intended by the parties to
constitute in any way a sale or exchange of assets. It is understood that the property transfers
described in this Agreement fall within the provisions of Section 1041 of the Internal Revenue
Code, and as such will not result in the recognition of any gain or loss upon the transfer by the
transferor.
15. DEPENDENCY EXEMPTIONS:
The parties agree Ihat the primary custodian of the child/children shall claim that/those
child/children as a dependent(s) for income lax purposes.
16. INCOME TAX:
The parties hereby acknowledge that they plan to file separate federal, state, and local
income tax returns for the tax year of 2005, and all ongoing years.
17. COUNSEL FEES AND EXPENSES:
Except as otherwise specified herein, each party shall be responsible for payment of
his/her own counsel fees and expenses.
18. ADVICE OF COUNSEL:
The parties acknowledge that each has received or has had the opportunity to receive
independent legal advice from counsel of their selection and that they have been informed fully
as to their legal rights and obligations, including all rights available to Ihem under the
Pennsylvania Divorce Code and other applicable laws.
Each party confirms that he/she understands fully the terms, conditions and provisions of
this Agreement and believes them to be fair, just adequate and reasonable under the existing
circumstances. The parties confirm that each is enlering into this Agreement freely and
voluntarily and thaI the execution of this Agreement is not the result of any duress, undue
influence, collusion, or improper or illegal agreement.
19. AFFIDAVITS OF CONSENT:
The parties acknowledge that the marriage is irretrievably broken. Simultaneous with the
execution of this Agreement, each party agrees to execute an Affidavit of Consent and Waiver of
Notice Forms for the obtaining of a no-fault divorce under Ihe provisions of the Divorce Code of
Pennsylvania.
If either party fails or refuses to execute and file the foregoing documents, said failure or
refusal shall be considered a material breach of this Agreement and shall entitle the other party,
at his or her option, to terminate Ihis Agreement.
20. EFFECT OF DIVORCE DECREE ON AGREEMENT:
Either party may enforce this Agreement as provided in section 31 05( a) of the Divorce
Code, as amended.
As provided in section 31 05( c), provisions of this Agreement regarding equitable
distribution, alimony, alimony pendent elite, counsel fees or t~xpenses shall not be subject to
modificalion by the court.
The parties agree that this Agreement shall conlinue in full force and effect after such
time as a Final Decree in Divorce may be entered with respect to the parties. Upon entry of the
Decree, the provisions of this Agreement may be incorporated by reference, or in substance, but
they shall not be deemed merged into such Decree. The Agreement shall survive any such
Decree in Divorce, shall be independent thereof, and the parties intend that all obligations
contained in this Agreement shall retain their contractual nature in any enforcement proceedings,
whether enforcemenl is sought in an action on the contract itself at law or in equity, or in any
enforcement action filed to Ihe Divorce Caption.
21. ADDITIONAL INSTRUMENTS:
Except as olherwise herein provided, each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party, within five (5) days of
any request to do so, any and all further instruments that may be reasonable required to give full
force and effect to the provisions of Ihis Agreement.
22. BANKRUPTCY:
The parties hereby agree thaI the provisions of Ihis Agrt::ement shall not be dischargeable
in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the
event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations
assumed hereunder, the other party shall have the right to declare this Agreement to be null and
void and to terminate this Agreement in which event the division of the parties' marital assets
and all olher rights determined by this Agreement, including alimony, shall be subject to court
determination the same as if this Agreement had never been entered into.
23. COMPLETE DISCLOSURE:
The parties do hereby warrant, represent, acknowledge and agree thaI each is fully and
completely informed of, and is familiar with, the wealth, real and personal property, eslate and
assets, earnings and income of the other and has made any inquiry he or she desires into the
income or estate of the olher and received any such information requested. Each has made a full
and fair disclosure to the other of his and her entire assets, liabilities, income and expenses and
any further enumeration or statement thereof in this Agreement is specifically waived.
24. WAIVER OF APPRAISALS:
The parties acknowledge that they are aware of their nespective rights pursuant to the
Pennsylvania Divorce Code 10 obtain formal valuations or appraisals of the real estate, the
personal property, the vehicles, and retirement accounts, some or all of which were acquired
during the marriage and therefore constilute marital property. However, the parties have
determined that they will not undertake the expense 10 have these items appraised and/or valued,
and that the division of property as set forth in this Agreement, represents a fair and equitable
distribution.
25. FULL SETTLEMENT:
Except as herein provided, each party hereby releases the other from any and all claims,
or demands, up to the date of execution hereof. It is further specifically understood and agreed
by and between the parties hereto that each party accepts the provisions herein made in lieu of
and in full seltlement and satisfaction of any and all of said party's rights against the other for
past, present and future claims on account of support, maintenance, alimony, alimony pendent
elite, counsel fees, costs and expenses, equitable dislribution of marital property and any other
claims of Ihe party, including all claims which have been raised or may be raised in an action for
Divorce.
26. DATE OF EXECUTION:
The "date of execution", "date of this agreement" or "execution date" of this Agreement
is the date upon which it is signed by the parties if they sign the Agreement on the same date.
Otherwise, the "date of execution", "date of this agreement" or "execution date" shall be the date
on which the lasl party signed this Agreement.
27. HEADINGS NOT A PART OF THIS AGREEMENT:
The descriptive headings preceding these paragraphs arl~ for convenience and shall not
affect the meaning, construction or effect this Agreement.
28. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS:
Each separate obligation shall be deemed to be a separate and independenl covenant and
agreement If any term, condition, clause or provision of this Agreement shall be determined or
declared to be void or invalid in law or otherwise. then only that term, condition, clause or
. .
provision shall be stricken from this Agreement and in all other respects this Agreement shall be
valid and continue in full force, effect and operation.
29. AGREEMENT BINDING ON HEIRS:
This Agreement shall be binding on and shall ensure to the benefit of the parties and their
respective heirs, executors, administrators, successors and assigns.
30. INTEGRATION:
This Agreement constitutes the entire understanding of the parties and supersedes any
and all prior agreements and negotiations between Ihem. There are no representalions,
warranties, covenants or promises other than those expressly set forth in this Agreement
31. MODIFICATION OR WAIVER TO BE IN WRITING:
No modification or waiver of any lerm of this Agreement shall be valid unless in writing,
signed by both parties, and executed with Ihe same formalities as this Agreement
32. NO WAIVER OF DEF AUL T:
The failure of either party to insist upon strict performanee of any term of this Agreement
shall in no way affect the right of such party hereafter to enforce the term.
33. VOLUNTARY EXECUTION:
The parties acknowledge that this Agreement is fair and equitable, and Ihat Ihey have
reached this Agreement freely and voluntarily, wilhoul any duress, undue influence, collusion or
improper or illegal agreements.
34. APPLICABLE LAW:
This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania
and more specifically under the Divorce Code of 1980, as amended.
35. ATTORNEYS' FEES FOR ENFORCEMENT:
If either party breaches any provision of this Agreement, the breaching party shall pay all
reasonable legal fees and costs incurred by the other in enforcing this Agreement, providing thaI
Ihe enforcing party is successful in establishing that a breach has occurred.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and
year first written above.
WITNESS:
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EXHIBIT" A"
1. Christmas, Easter Halloween Decorations
2. Small wooden table with swivel top
3. 2 while clothing racks
4. White dresser
5. 2 metal shelves
6. Several boxes of household items and professional books and materials
7. Several bins of baby/toddler clothing
8. China and stemware in the china cupboard in the: dining room
9. Clothing in Kate's closet to be consigned
10. Baskets in the garage
11. Kate and Hannah's keepsake items in their bedroom closels.
12. Kale's dresser and changing table
13. White ceramic angel on Kale's dresser
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JOHANNA B. JONES,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
DIVORCE
JAMES A. JONES, III,
Defendant
NO. 2004-4034 Civil Term
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was
filed on August 13, 2004.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety - (90)
days have elapsed from the date of filing and service ofthe Complaint.
3. I consent to the entry of a final Decree of Divorce after service of Notice
of Intention to Request Entry of the Decree.
I verify that the statements made in this Affidavit are tme and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S.s 4904 relating 10 unsworn
falsification to authorities.
Date:
Jf3/05
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J ana B. Jones
Plaintiff
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JOHANNA B. JONES,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
DIVORCE
JAMES A. JONES, III,
Defendant
NO. 2004-4034 Civil Term
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was
filed on August 13,2004.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninely - (90)
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree of Divorce after service of Notice
of Intention to Request Entry of the Decree.
I verify that the statements made in this Affidavit are tme 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.
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JOHANNA B. JONES,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CNIL ACTION - LAW
DIVORCE
JAMES A. JONES, III,
Defendant
NO. 2004-4034 Civil Term
WANER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301 (C) OF 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 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 wilh 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.g 4904 relating to
unsworn falsification to authorities.
Date:
,1)j /bS
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JO~::s~
Plaintiff
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JOHANNA B. JONES,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
DIVORCE
JAMES A. JONES, III,
Defendant
NO. 2004-4034 Civil Term
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301 (C) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce wilhout notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do nol claim them before a divorce is granted.
3. I understand that I will nol 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 tru(: 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.
Dale:~'Z-05'
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J sA. Jo;;?' III
Defendant
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JOHANNA B. JONES,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION -- LAW
DIVORCE
JAMES A. JONES, III,
Defendant
NO. 04-4034 Civil Term
ACCEPTANCE OF SERVICE
I, James A. Jones, III, acknowledge that I accept servicf: of the Complaint in Divorce in
the above referenced matter via hand delivery on the date indica 'ed below.
Date:
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JOHANNA B. JONES,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
DIVORCE
JAMES A. JONES, III,
Defendant
NO. 2004-4034 Civil Term
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following informa.tion, to the court for entry of an
appropriate decree:
1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce
Code.
2. Dale and manner of service of the complaint: Served via hand delivery on August 19,
2004. Acceptance of Service filed simultaneously with this Pra'~cipe.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by Section 3301(c) ofthe
Divorce Code: by plaintiff on March 3, 2005; by defendant March 3, 2005.
(b)(I) Date of execution ofthe plaintiffs affidavit required by Section 3301(d) of the
Divorce Code: N/A;
(2) Date of service of the plaintiffs affidavit upon the defendant: NI A.
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 a copy of
which is attached: N/A.
b. Dale Plaintiffs Waiver of Notice was filed with the Prothonotary:
Executed on March 3, 2005; filed simultaneously with this Praecipe.
Date DefendanI's Waiver of Notice was filed with the Prothonotary:
Executed on March 3, 2005; filed simultaneously with this Praecipe.
Respectfully submitted,
~~Ot d. (/Wcrc{
Melissa L. VanEck, Esquire
Attorney ID No.: 85869
7810 Allenlown Blvd.
Suite B
Harrisburg, P A 17112
(717) 540-5406
Dale: ~/rr ~DS
CERTIFICATE OF SERVICE
I, Melissa L. Van Eck, Esquire, counsel for Johanna B. Jones, Plaintiff in the above-
captioned action, hereby certify that a true and correct copy of the foregoing Praecipe to
Transmit Record was served upon James A. Jones, III, by depositing same in the United States
mail, first class, on March 8, 2005, addressed as follows:
Lindsey MacClay, Esquire
1029 Scenery Drive
Harrisburg, P A 17109
Dale: .8 - <6 - OS
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Melissa L. VanEck, Esquire
7810 Allentown Blvd.
Suite 8
Harrisburg, PA 17112
Telephone: (717) 540-5406
Attorney for Plaintiff
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Civil Term .
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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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JONES
PENNA.
STATE OF
JOHANNA B.
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No.
2004-4034
Plaintiff
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VERSUS
JAMES A.
JONES.
III
Defendant
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DECREE IN
DIVORCE
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2005 , IT IS ORDERED AND
AND NOW,
Johanna B.
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Jones
DECREED THAT
James A.
Jones.
III
AND
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ARE DIVORCED FROM THE BOI\JDS OF MATRIMONY.
THE: COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
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BEEN RAISED OF RECORD IN THIS ACTION F.OR WHICH A FINAL ORDER HAS NOT
YET BE:E:N ENTERED;
None.
The Proper tv Settlement Aareement between the parties
shall be incorporated but not meraed
o the final decree
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for purposes of enforcement.
By T
Am'T~~.~;t
ROTHONOTARY
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