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STEPHANIE PONTICS,
Plaintiff
vs.
: N THE COT.:RT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
: NO, OS" - .;2tjf>O (!,...;l:Tvz..
: CNIL ACTION - LAW
: IN DIVORCE
JAY PONTIUS,
Defendant
NOTICE TO DEFE1\1D Al\1D CLAIM RIGHTS
You have been sued in court, If you wish to defend against the claims set fOlth in
the following pages, you must take prompt action. You are waUled that if you fail to do
so, the case may proceed without you and a decree of divorce or annulment may be
entered against YOll 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
propelty or other rights important fo you, including custody or visitation of your children.
When the ground for the divorce is indignities or inetrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available
in the Office of the Frothonotary at Cumberland County Courthouse, One Courthouse
Square, Carlisle, FA 17011.
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 YOT.:
DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFOR\\iIATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
CUMBERLA1\1D COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: 249-3166
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Lori K. Serratelli, Esquire
Pa. Supreme Court ID No. 27426
Serratelli, Schiffman, Brown and
2080 Linglestown Road
Suite 201
Harrisburg, Pennsylvania 17110
Telephone (717) 540-9170
Fax (717) 540-5481
Attorney For Plaintiff
Calhoon, P.C.
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLV
NO. OS; - ~o;6 (!;u~
CIVIL ACTION - LAW
STEPHANIE PONTIUS,
Plaintiff
JAY PONTIUS,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE UNDER
SECTION 3301(0) AND 3301(d) OF THE DIVORCE CODE
AND NOW COMES the above-named Plaintiff, by Lori K.
Serratelli, Esquire and the law firm of SERRATELLI, SCHIFFMAN,
BROWN & CALHOON, P.C., and seeks to obtain a Decree in Divorc
from the above-named Defendant, upon the grounds hereinafter re
fully set forth:
COUNT I
DIVORCE
1. Plaintiff is Stephanie Pontius, who currently reside
at 626 Colonial View Road, Mechanicsburg, Cumberland County,
Pennsylvania 17055 since 2002.
2. Defendant is Jay Pontius, who currently resides at 382
Steigarwalt Hollow Road, New Cumberland, Cumberland County,
Pennsylvania 17070 since February 17, 2005.
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 Octobe 26,
2002 in York County, Pennsylvania.
5. The Plaintiff has been advised of the availability f
counseling and that she may have the right to request that th
Court require the parties to participate in counseling.
6. There have been no prior actions of divorce or for
annulment between the parties.
7. The marriage is irretrievably broken.
8. The parties to this action separated on or about
February 17, 2005 and have continued to live separate and apa t.
9. The Defendant is not a member of the Armed Services of
the United States or any of its allies.
10. The Plaintiff and Defendant are both citizens of the
United States.
11. Plaintiff avers that there are no children of the
parties under the age of 18.
WHEREFORE, the Plaintiff prays your Honorable Court to nter
a Decree in Divorce from the bonds of matrimony.
COUNT II
COUNSEL FEES AND COSTS
12. Paragraphs one through eleven are hereby incorporat d by
reference herein.
13. That by reason of the institution of the action to e
above term and number, Plaintiff will be and has been put to
considerable expense in the preparation of her case, in the
employment of counsel and the payment of costs.
WHEREFORE, Plaintiff prays that Your Honorable Court gra t
an Order upon Defendant to pay Plaintiff counsel fees and cos s
of litigation.
COUNT III
EQUITABLE DISTRIBUTION
14. Paragraphs one through eleven are hereby incorporate by
reference herein.
15. Plaintiff states that Plaintiff and Defendant possess
various items of personal marital property which is subject to
equitable distribution by the court.
~
16. Plaintiff requests that this court grant equitable
distribution.
WHEREFORE, Plaintiff prays that Your Honorable Court:
(a) Equitably distribute all personal property
owned by the parties;
(b) Grant such further relief as the Court may de
equitable and just.
Respectfully submitted,
.~~~"'-~ .
Lori o/I/S rratelli, Esquire
SERRATELLI, SCHIFFMAN,
BROWN & CALHOON, P.C.
2080 Linglestown Road
Suite 201
Harrisburg, PA 17110
(717) 540-9170
ATTORNEY FOR PLAINTIFF
VERIFICATION
I verify that the statement made in the foregoing Compl int
in Divorce are true and correct. I understand that false
statements herein are rnade subject to the penalties of 18 Pa.
C.S. Section 4904, relating to unsworn falsification to
authorities.
Date:
1-13!))
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Steph nie Pontius
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STEPHANIE PONTIUS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 05-2080 CIVIL TERM
CIVIL ACTION - LAW
JAY PONTIUS,
Defendant
IN DIVORCE
AFFIDAVIT OF SERVICE
I, Lori K. Serratelli, Esquire, being duly sworn according to
law, depose and say that I served the Divorce Complaint in the
above-captioned matter, by depositing it in the United States mail,
Certified Mail, Restricted Delivery, Return Receipt Requested,
addressed as follows:
Jay Pontius
382 Steigarwalt Hollow Road
New Cumberland, PA 17070
he return receipt card is attached hereto.
ated:
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~. Serratelll, Esqulre
SERRATELLI. SCHIFFMAN,
BROWN & CALHOON, P.C.
2080 Linglestown Road
Suite 201
Harrisburg, PA 17110-9483
(717) 540-9170
Attorney for Plaintiff
worn and Subscribed to
efore me this Z'1+~ day
f AprJ. , 2005.
U \l~ 6 CD)l~
OTARY PUBLIC
Commission Expires: ~lJLf!~1
NOTARIAL SEAL
LISA A. CONWAY, NOTARY PUBLIC
SUSQUEHANNA TWP., DAUPHIN COUNTY
MY COMMISSION EXPIRES MARCH 24 2007
SENDER COr,1PLETE THIS SECTION
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ressee
. Complete items 1,2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front if space permits.
B,
1" Article Addressed to:
D. Is delivery address differ"nt~' ite
If YES, enter detivery addt 55. ~~." ._
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3. S ice Type
Certified Mail
o Registered
o Insured Mail
o Express Mail
o Return Receipt for Merchandise
o C.OD,
4. Restricted Delivery? (Extra Fee)
Yes
2. Article Number
(Transfer from service label)
PS Form 3811, August 2001
7002 3150 0001 8240 7699
Domestic Return Receipt
102595.02-M.'nJ'i
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Luther E. Milspaw, Jr., Esquire
Attorney ID No. PA 19226
130 Stafe Sfreet, P.O. Box 946
Harrisburg, PA 17108-0946
(717) 236-03141 FAX (717) 236-0791
Email: Lmilspaw@mblawfirm.com
ATTORNEY FOR DEFENDANT
STEPHANIE PONTIUS,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 05-2080 CIVIL TERM
JAY PONTIUS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter fhe appearance of Lufher E. Milspaw, Jr., Esquire, as counsel for
JAY PONTIUS, fhe Defendanf, in fhe above capfioned matter.
Respectfully submitted,
May 16, 2005
BY:
(
, Jr., Esquire
----
STEPHANIE PONTIUS,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 05-2080 CIVIL TERM
JAY PONTIUS,
Defendant
: CIVIL ACTION-LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
AND NOW, fhis 16th day of May, 2005 , I hereby certify fhat on this day I
served fhe foregoing Entry of Appearance, by depositing fhe same in the U.S. mail,
Firsf Class postage pre-paid, at Harrisburg, Pennsylvania addressed as follows:
Lori Serratelli, Esq.
Serratelli, Schiffman, Brown & Calhoon, P.C.
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110-9670
BY:
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STEPHANIE PONTIUS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 05-2080 CIVIL TERM
CIVIL ACTION - LAW
JAY PONTIUS,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER 3301(C} OF THE DIVORCE CODE
(1) A Complaint in Divorce under Section 3301(c) of the Divorce
Code was filed on April 21, 2005.
(2)
The marriage of Plaintiff and Defendant
broken and ninety (90) days have elapsed
filing and service of the Complaint.
lS irretrievably
from the date of
(3) I consent to the entry of a final decree of divorce without
formal notice of the intention to request entry of a divorce
decree.
(4) 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.
(5) 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
correct. I understand that false
subject to the penalties of 18 Pa.
unsworn falsification to authorities.
this affidavit are true and
statements herein are made
C.S. Sec. 4904 relating to
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Step anle Pontlus
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STEPHANIE PONTIUS,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 05-2080 CIVIL TERM
CIVIL ACTION - LAW
JAY PONTIUS,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER 3301(C) OF THE DIVORCE CODE
(1) A Complaint in Divorce under Section 3301(c) of the Divorce
Code was filed on April 21, 2005.
(2 )
The marriage of Plaintiff and Defendant
broken and ninety (90) days have elapsed
filing and service of the Complaint.
is irretrievably
from the date of
(3) I consent to the entry of a final decree of divorce without
formal notice of the intention to request entry of a divorce
decree.
(4) 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.
(5) 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
correct. I understand that false
subject to the penalties of 18 Pa.
unsworn falsification to authorities.
this affidavit are true and
statements herein are made
C.S. Sec. 4904 relating to
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MATRIMONIAL SETTLEMENT AGREEMENT
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THIS AGREEMENT, made this, '1 day of
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between STEPHANIE D. PONTIUS, hereinafter called "Wife" and JA YD. PONTIUS,
,200.h,
hereinafter called "Husband".
WITNESSETH:
The parties hereto, being Husband and Wife were lawfully married on October
26, 2002 in DilIsburg, York County, Pennsylvania;
There were no children born of the parties;
Diverse and unhappy differences, disputes and difficulties have arisen between
the parties and it is the intention of HUSBAND and WIFE to live separate and apart for
the rest oftheir natural lives, and the parties hereto are desirous of settling fully and
finally their respective financial and property rights and obligations as between each
other including, without limitation by specification: the settling of all matters between
them relating to the ownership and equitable distribution of real and personal property;
the settling of all matters between them relating to the past, present and future support,
alimony and/or maintenance of each other; and in general, the settling of any and all
claims and possible claims by one against the other or against their respective estate.
NOW THEREFORE, in consideration of the premises and mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable
consideration, receipt of which is hereby acknowledged by each of the parties hereto,
HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as
follows:
1. EOUIT ABLE DISTRIBUTION
Husband shall pay to Wife the sum of Sixteen Thousand Dollars ($16,000.00) as
follows:
a. Monthly payments of a minimum of $1,000.00 per month
beginning February 10, 2006;
b. The payments will be made by money order or certified check;
c. The payments will be made on or before the lOth day of each
month until paid in full;
d. $16,000.00 will be paid in full to Wife on or before May 10, 2007.
Husband acknowledges that ifhe should be late by more than one (I) day on the
$1,000.00 monthly payments to Wife that said late payment constitutes a breach of the
Agreement and Wife will take necessary enforcement actions against him. In the event
Husband files bankruptcy and the debt owed to Wife is discharged, Husband
acknowledges the $16,000.00 was promised in lieu of support/alimony and he shall be
obligated to pay alimony in a monthly amount of$I,OOO.OO per month until the balance
owed is paid in full.
2. VEHICLE
Husband agrees to refinance to remove Wife's name from the GMAC loan, title
and registration regarding the 2002 Saturn that is currently in the possession of Husband
by February 10, 2006.
3. PERSONAL PROPERTY
Husband waives all rights, title and interest to any and all personal property of
Wife in her possession.
Wife shall provide to Husband the following items upon payment in full of the
$16,000.00 to Wife by Husband, removal of Wife's name from the loan, title and
registration regarding the 2002 Saturn, and Husband's signature upon the documents
necessary to finalize the divorce:
a. Husband's bed
b. Husband's two dressers
c. Husband's stereo
d. Husband's coffee table and two end tables
e. Husband's Toshiba TV in living room
f. Husband's (I) Toshiba VCR and DVD
g. Husband's computer/desk
h. Husband's movies
1. Husband's beer glasses
J. Husband's jewelry
k. Husband's crystal glasses
I. Husband's books
m. Husband's pictures and books
4. AGREEMENT NOT TO BAR DIVORCE PROCEEDINGS
This Agreement shall not be considered to affect or bar the right of HUSBAND and
WIFE to an absolute divorce on lawful grounds if such grounds now exist or shall
hereafter exist or to such defense as may be available to either party. This Agreement is
not intended to condone and shall not be deemed to be condonation on the part of either
party hereto of any act or acts on the part of the other party which have occasioned the
disputes or unhappy differences which have occurred or may occur subsequent to the date
hereof. The parties acknowledge that their marriage is irretrievably broken and that they
shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301 (c) of
the Divorce Code in Cumberland County divorce action docketed to number 05-2080
Civil Term. As soon as possible under the terms of said Divorce Code, the parties shall
execute and file all documents and papers, including affidavits of consent, necessary to
finalize said divorce. Simultaneously with the execution of this Agreement, the parties
shall execute and file all documents and papers, including affidavits of consent, necessary
to finalize said divorce.
5. MUTUAL RELEASE
Except as otherwise provide herein and so long as this Agreement is not modified
or cancelled by subsequent agreement, the parties hereby release and discharge absolutely
and forever each other from any and all rights, claims and demands, past, present and
future specifically from the following: spousal support from the other, alimony, alimony
pendent elite, division of property, claims or rights of dower and right to live in the
marital home, right to act as executor or administrator in the other's estate, rights as
'.
devisee or legatee in the Last Will and Testament of the other, any claim or right as
beneficiary in any life insurance policy of the other, any claim or right in the distributive
share or intestate share ofthe other parties' estate.
6. AGREEMENT VOLUNT ARIL Y AND CLEARLY UNDERSTOOD
Each party to this Agreement acknowledges and declares that he or she
respectively:
a. Is fully and completely informed as to the facts relating to the
subject matter and their Agreement as to the rights and liabilities of both parties;
b. Enters into this Agreement voluntarily after receiving the advice of
independent counsel; Lurther Milspaw, Esquire for Husband and Lori K.
Serratelli, Esquire for Wife.
c. Has given careful and mature thought to the making of this
Agreement;
d. Has carefully read each provision of this Agreement;
e. Fully and completely understands each provision of this
Agreernent, both as to the subject matter and legal affect.
7. AMENDMENT OR MODIFICATION
This Agreement may be amended or modified only by a written instrument signed
by both parties.
8. LAW APPLICABLE
This Agreement shall be governed, construed and enforced under the statute and
case law ofthe Commonwealth of Pennsylvania.
BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES
HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH
PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT
SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY
THE COURT AFTER A FULL HEARING.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first written above.
WITNESS:
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Lori K. Serratelli, Esquire
Pa. Supreme Court ID No. 27426
Serratelli, Schiffman, Brown and
2080 Linglestown Road
Suite 201
Harrisburg, Pennsylvania 17110
Telephone (717) 540-9170
Fax (717) 540-5481
Attorney For plaintiff
Calhoon, P.C.
STEPHANIE PONTIUS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 05-2080 CIVIL TERM
CIVIL ACTION - LAW
JAY PONTIUS,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following
information, to the Court for entry of a Divorce Decree:
1. Ground for divorce: 3301(c) of the Divorce Code.
2. Date and manner of service of the complaint:
Certified mail, restricted delivery on April 27, 2005.
3. Date of execution of the affidavit of consent required
by Section 3301(c) of the Divorce Code: by Plaintiff 01/28/06;
by Defendant 01/28/06
4. Related claims pending: None.
5. Date plaintiff's Waiver of Notice in S3301(c) Divorce
was filed with the Prothonotary:
02/06/06
Date defendant's Waiver of Notice in S3301(c) Divorce
was filed with the Prothonotary:
02/08/06
Dated:
':/'I'/()~,
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Lori/~. Serratelli, Esquire
SERRATELLI, SCHIFFMAN,
BROWN & CALHOON, P.C.
2080 Linglestown Road
Suite 201
Harrisburg, PA 17110
(717) 540-9170
Attorney for Plaintiff
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Lori K. Serratelli, Esquire
Pa. Supreme Court ID No. 27426
Serratelli, Schiffman, Brown and
2080 Linglestown Road
Suite 201
Harrisburg, Pennsylvania 17110
Telephone (717) 540-9170
Fax (717) 540-5481
Attorney For Plaintiff
Calhoon, P.C.
STEPHANIE PONTIUS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 05-2080 CIVIL TERM
CIVIL ACTION - LAW
JAY PONTIUS,
Defendant
IN DIVORCE
PRAECIPE TO WITHDRAW COUNTS
TO THE PROTHONOTARY:
Please withdraw Counts II (Counsel Fees and Costs) and III
(Equitable Distribution) of Plaintiff's Complaint in Divorce.
Respectfully submitted,
')
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Lorl'~. Serratelli, Esquire
SE~TELLI, SCHIFFMAN,
BROWN & CALHOON, P.C.
2080 Linglestown Road
Suite 201
Harrisburg, PA 17110
(717) 540-9170
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STEPHANIE PONTIUS,
PENNA.
STATE OF
No.
05-2080 CIVIL TERM
Plaintiff
VERSUS
JAY PONTIUS,
Defendant
DECREE IN
DIVORCE
AND NOW,
F'"~Lu ~...,
, 2006, IT IS ORDERED AND
\ {""
DECREED THAT
Stephanie Pontius
, PLAI NTI FF.
AND
Jay Pontius
, 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
YET BEEN ENTERED; No issues remain.
WHICH A FINAL ORDER HAS NOT
Further the Matrimonial Settlement Agreement executed by the parties on
January 29, 1.S 1.ncorpora ere1.n or purposes 0 entorcement only bUt
otherwise shall not be merged into said decree. The parties are ordered to
conoly with the terms of said Aqreement.
A""",
III
ATTE
J.
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