HomeMy WebLinkAbout05-5910KENNIE M. JAMI50N, JR,
Plaintiff
vs.
CABBIE L. JAMISON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
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 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, Carlisle, Pennsylvania.
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 LEGAI. HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166
800-990-9108
KENNIE M. JAMISON, JR.,
Plaintiff
vs.
CABBIE L. JAMISON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 0~ ' .5"9/0 ~c~~!' ~ r
CIVIL ACTION -LAW
IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d)
OF THE DIVORCE CODE
The Plaintiff, Kennie M. Jamison, Jr., through his attorneys, The Law Offices of Patrick F.
Lauer, Jr., LLC makes the following Complaint in Divorce and, in support thereof, avers as
follows:
The Plaintiff, Kennie M. Jamison, Jr, is an adult individual who currently resides at
7073 Carlisle Pike, Lot 239, Carlisle, Cumberland County, Pennsylvania 17013.
2. The Defendant, Carrie L. Jamison, is an adult individual who currently resides at
100 Elicker Road, Apt. B, Carlisle, Cumberland County, Pennsylvania 17013.
3. The Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania
for at least six months immediately prior to the filing of this Complaint.
4. The Plaintiff and the Defendant were married on December 23, 1999, in Harrisburg,
Dauphin County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties.
6. The marriage is irretrievably broken.
7. The Plaintiff has been advised that counseling is available and that the Plaintiff may
have the right to request that the court require the parties to participate in counseling.
8. This action is not collusive.
WHEREFORE, the Plaintiff, Kennie M. Jamison, .Tr., respectfully requests this Honorable
Court to enter a decree of divorce in this matter.
COUNT II -EQUITABLE DISTRIBUTION
9. Paragraphs one (1) through eight (8) of this Complaint are incorporated herein by
reference as if set forth specifically below.
10. Plaintiff requests the Court to equitably divide, distribute or assign the marital
property between the parties without regard to marital misconduct in such proportion as the Court
deems just after consideration of all relevant factors.
WHEREFORE, the Plaintiff respectfully requests the Court to enter an order of equitable
distribution of marital property pursuant w § 3502(a) of the Divorce Code.
Respectfully submitted,
Marlin L. M ley, Esquire
Law Offices f Patrick F. Lauer, Jr., LLC
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 1 701 1-4706
Date: November 1 I, 2005 ID# 84745 Tel. (717) 763-1800
KENNIE M. JAMISON, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. No.
CARRIE L. JAMISON, :CIVIL ACTION -LAW
Defendant : IN DIVORCE
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn
falsification to authorities.
Date: November 8, 2005 Signature: ~~'N'"- ~
Kennie M. Jamis
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KENNIE M. JAMISON, JR.,
Plaintiff
vs.
CABBIE L. JAMISON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. OS-5910 CIVIL
CIVIL ACTION -LAW
IN DIVORCE
NOTICE TO THE DEFENDANT
IF YOU WISH TO DENY ANY OF THE STATEMENTS SET: FORTH IN T~IIS
AFFIDAVIT; YOU MUST FILE A COUNTERAFFTi3`AVIT WITHIN TWENTY (20) DAYS
AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL
BE ADMITTED.
AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE
1. The parties to this action separated on/in January of 2005 and have continued to
live separate and apart for a period of at least two years.
2. The marriage is irretrievably broken.
3. 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.
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. § 4904 relating to
unsworn falsification to authorities.
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KENNIE M. JAMISON, JR.,
Plaintiff
vs.
CABBIE L. JAMISON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSVYLVANIA
. No.
CIVIL ACTION -LAW
IN DIVORCE
MARRTAGF, SF,TTT.F,MF,NT AGRF,F,MF,NT
THIS AGREEMENT, made this b day of ~ Q~~~ 2005, by and between KENNIE M.
JAMISON, JR., of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Husband;
and CABBIE L. JAMISON of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to
as Wife; WITNESSETH THAT:
WHEREAS, Husband and Wife were married on December 23, 1999, in Dauphin County,
Pennsylvania; and
WHEREAS, Husband is a bona fide resident of the Commonwealth of Pennsylvania and
has been so for at least the past six months; and
WHEREAS, certain differences have arisen between the parties hereto and, as a
consequence, they have ceased living as Husband and Wife since January of 2005; and
WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights
and obligations, make an equitable distribution of their marital property, and determine their rights
to alimony, support, and all other matters which may be considered under the Divorce Code; and
WHEREAS, it is the intention and purpose of this Agreement to set forth the respective
rights and duties of the parties while they continue to live apart from each other and to settle all
financial and property rights between them; and
WHEREAS, the parties hereto have mutually entered into an agreement for the division of
their jointly owned assets, the provisions for the liabilities they owe, and provisions for the
resolution of their mutual differences, after both have had full and ample opportunity to consult
with attorneys of their respective choice, and the parties now wish to have that agreement reduced
to writing; and
WHEREAS, in preparing this Agreement and negotiations contemporaneously therewith,
Husband was represented by Marlin L. Markley, Esquire, and Wife, cognizant of her right to legal
representation, declares that it is her express, voluntary and knowing intention not to avail herself of
her right to counsel and chooses instead to represent herself with respect to the preparation and
execution of this Agreement; and
WHEREAS, there are no dependant children to the marriage; and,
NOW THEREFORE, the parties, in consideration of the mutual promises set forth
hereinafter, and for other good and valuable consideration, intending to be legally bound and to
legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant,
promise, and agree as follows:
1.1 S~garatiQU. It shall be lawful for Husband and Wife at all times hereafter to live
separate and apart from each other and to reside from time to time at such place or places as they
shall respectively deem fit, free from any control, restraint, or interference, direct or indirect, by
each other. Neither party shall molest the other or compel or endeavor to compel the other to
cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall
not be taken to be an admission on the part of either party of the lawfulness of the causes leading to
them living separate and apart.
1.2 Effect ~f Recon iliatinn. This Agreement shall not be deemed to have been
waived or otherwise affected by a reconciliation, cohabitation, or resumption of marital relations
2
between the parties. The parties shall not be deemed to have reconciled with the intention of
vitiating or terminating this Agreement unless they. make such actions through a written instrument,
executed, and acknowledged in the same manner as this Agreement.
2.1 niv~rce Action. This Agreement is not predicated on divorce. Notwithstanding the
foregoing, it is, in fact, agreed and acknowledged between the parties that Husband will file a
divorce action against Wife, and that both parties agree, as a condition to this agreement, to execute
the necessary divorce consents required by Section 3301(c) of the Divorce Code,. including the
Waiver of Notice of Intent to Transmit Divorce Decree, so as to promptly finalize said action. It is
warranted, covenanted, and represented by Husband and Wife, each to the other, that this
Agreement is lawful and enforceable and this warranty, covenant, and representation is made for
the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife
each knowingly and understandingly hereby waive any and all possible claims that this Agreement
is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do each hereby
warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped
from asserting any illegality or unenforceability as to all or any part of this Agreement.
2.2 Final Resnlufinn. It is further specifically understood and agreed that the
provisions of this Agreement relating to the equitable distribution of property of the parties are
accepted by each party as a final settlement for all purposes whatsoever. Should either of the
parties obtain a decree, judgment or order of separation or divorce in any other state, country, or
jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement
and all its covenants shall not be affected in any way by any such separation and divorce; and that
nothing in any such decree, judgment, order or further modification or revision thereof shall alter,
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amend or vary any term of this Agreement, whether or not either or both of the parties should
remarry, it being understood by and between the parties that this Agreement shall survive and shall
not be merged into any decree, judgment or order of divorce or separation.
2,3 js_rnoratinn of Agreement into T)ecree. It is specifically agreed that a copy of
this Agreement shall be incorporated by reference into any divorce, judgment or decree if or
whenever sought by either of the parties hereto. Such incorporation, however, shall not be regarded
as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment
or decree.
ARTT('T F TTT FnTTTTART F nT~TRTRTTTTnN nF MARTTAT, PRnPF.RTY
3.1 ~''ritp.-ia of T)istrihutinn, The parties have attempted to divide their marital
properly in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania
Domestic Relations Code, and taking into account the following considerations: the length of the
mamage; the prior marriages of the parties; the age, health, station, amount and sources of income,
vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution
of one party to the education, training or increased earning power to the other party; the opportunity
of each parry for future acquisition of capital assets and income; the sources of income of both
parties, including but not limited to medical, retirement, insurance or other benefits; the
contribution or dissipation of each party in the acquisition, preservation, depreciation, or
appreciation of marital property, including the contribution of a parry as a homemaker; the value of
the property set. apart to each party; the standard of living of the parties established during their
marriage; and the economic circumstances of each party, including federal, state and local tax
ramifications, at the time of the division of the property is to become effective.
3,2 ~aticfactinn of Rjgh c of F, nitahle T)ictrihutinn. The division of existing marital
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property is not intended by the parties to constitute in any way a sale or exchange of assets. The
division of property under this Agreement shall be in full satisfaction of all rights- of equitable
distribution of parties.
3.3 Relinnuishment ~f C'.laimc, Husband agrees to relinquish all claims to any assets
that may be acquired by Wife prior to the finalized divorce decree, and Wife agrees to relinquish all
claims to any assets that may be acquired by Husband prior to the finalized divorce decree, except.
as maybe otherwise set forth herein.
3.4 Marital R .cid .n Wife agrees to vacate the marital residence and transfer to
Husband all of her interest in the marital residence at 7073 Carlisle Pike, Lot 239, Carlisle,
Cumberland County, Pennsylvania 17013. Husband shall have sole and exclusive possession
thereof, and Wife shall if necessary at any time make, execute, and deliver any and all documents in
the usual form conveying, transferring, and granting to Husband all her right, title, and interest in
and to the marital residence.
3.5 Pere. The parties have agreed between themselves to a division of all
household furnishings and personal property which would be considered "marital .property" under
the Pennsylvania Divorce Code, including any pensions or retirement savings accounts or plans.
3.6 Prnne a to Hnchand. Husband agrees to relinquish all claims to any assets that
maybe acquired by Wife prior to the finalized divorce decree.
3.7 Prnnertp to Wife. Wife agrees to relinquish all claims to any assets that may be
acquired by Husband prior to the fmalized divorce decree.
3.8 Retirement. Each parry specifically waives any claim they may have against the
retirement of the other. Each party acknowledges that the other spouse has a retirement plan or
account to which the parties may have contributed martial property over the course of the marriage.
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Each of the parties acknowledges, without the necessity of an expert valuation, that retirement
assets may prove to comprise a substantial percentage of the entire martial estate. Nonetheless,
each party desires to waive and specifically releases any claim they may have as to the retirement
assets currently in the possession of -the other spouse. Each party further .agrees to execute
immediately upon demand any documents as may be required by the retirement plan administrator
of the other spouse so as to confirm they have waived any claim right or interest thereto.
4.1 I?rl~s. During the course of the marriage, Husband and Wife have incurred certain
bills and obligations and have amassed a variety of debts. It is hereby agreed, without the necessity
of ascertaining for what purpose and to whose use each of the bills were incurred, that, except as
otherwise provided herein, both parties are equally responsible for all such bills, obligations, and
debts. Husband and Wife each agree to hold the other free and harmless from any and all liability
which may arise from any outstanding bills, obligations, and debts incurred after the date of
separation, and further agree to indemnify and defend the other from any claim regarding same.
Both parties agree that, in the future, neither shall cause or permit to be charged to or against the
other any purchase which either of them may hereafter make and shall not hereafter create any
engagements, debts, or obligations in the name of or against each other.
4.2 Mortgage for resideneP located at 7073 C'arlicl Pik ., Tot 239, C'arlicle,
(Yumherland Co rnt~, penns~Ivania, Husband agrees to accept sole responsibility for the
mortgage encumbering the marital residence, and to hold Wife free and harmless from any and all
liability which may arise from said mortgage.
4.3 Specific nntctanding nehtc of H ~shand, Husband agrees to accept sole
responsibility for, and to hold Wife free and harmless from any and all liability which may arise
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from any account or debt that is solely in Husband's name.
4.4 Snecific nntstanding nehts of Wife. Wife agrees to accept sole responsibility for,
and to hold Husband free and harmless from any and all liability that may arise from any account or
debt that is solely in Wife's name.
5.1 Aliinn~. Husband shall pay to Wife $1.00 per day for one year in monthly
installments due on the first day of the month. Payments shall begin on the first day of the month
following the month the divorce decree is granted. The total amount of alimony paid shall not
exceed $365.00. The amount of alimony shall not be subject to modification or change. The
alimony shall continue for-only one year or until Husband's death or Wife's death.
5.2 Su~nnrt and/nr Alimnn~ Pendent T,ite_ Pursuant to this Agreement of the parties,
each party waives any right they may have to seek alimony pendente lite, support, maintenance, or
the like.
ARTT('T.F, VT - MT~C'F,T,T,ANFnTT~ PRnVT~TnN~
6.1 Attnrne~s Fees anon Rreach, Each of the parties agrees that should either of them
be in breach of contract and .fail to comply with the terms of the Agreement herein the breaching
party shall be responsible for all court costs and attorney fees reasonably necessary to enforce the.
Agreement.
6.2 Advice of ('.nunsel. The parties acknowledge that they have been given full and fair
opportunity to consult legal counsel regarding the legal effect of this agreement. They acknowledge
and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered
into freely and voluntarily, after having received such advice and with such knowledge that
execution of this Agreement is not the result of any duress or undue influence and that is not the
result of any collusion or improper or illegal agreement or agreements.
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6.3 (".nnnsel Fees. Husband and Wife agree to be responsible for their respective
attorney fees. For purposes of contract interpretation and for the purpose of resolving any
ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their
respective attorneys. Hershey Foods Corp. v. General Electric Service Co., 619 A.2d 285 (Pa.
Super. 1992).
6.4 Mnh~al Releas ., Husband and Wife each do hereby mutually remise, release,
quitclaim and forever discharge the other and the estate, of such other, for all times to come and for
all purposes whatsoever, of and from any .and all right, title, interest, or claims in or against the
property (including income and gain from properly hereafter accruing) of the other, or against the
estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any
time hereafter may have against such other, the estate of -such other, or any part thereof, whether
arising out of any former acts, contracts, engagements, or liabilities of such other as by way of
dower, curtesy, or claims in the nature of dower, curtesy, widow's or widower's rights, family
exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's
will, or the right to treat a lifetime conveyance by the other as testamentary, or any other rights of a
surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a)
Pennsylvania, (b) any state, commonwealth, or territory of the United States, or (c) any country.
The parties further release any claim to all rights which either party may have or at any time
hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite,
counsel fees, costs or expenses, whether arising. as a result of the marital relation or otherwise,
except and only except, all rights and agreements and obligations of whatsoever nature arising or
which may arise under this Agreement or for the breach of any thereof.. It is the intention of
Husband and Wife to give each other by execution of this Agreement a full, complete and general
release with respect to any and all property of any kind of nature, real or personal, not mixed, which
8
the other now owns or may hereafter acquire, except and only except, all rights and agreements and
obligations of whatsoever nature arising or which may arise under this Agreement or for the breach
of any thereof. Both parties acknowledge that they have been advised that each may have the right
to assert a claim for spousal support, alimony, alimony pendente lite, attorneys fees, costs and/or
expenses. Except as otherwise provided herein, each party hereby waives any right to such
economic claims ancillary to the divorce and accepts the provisions of this Agreement relating to
these claims as a fmal settlement for all .purposes, as contemplated by the Pennsylvania Divorce
Code.
6.5 Warranties, Each party represents that they have not heretofore incurred or
contracted for any debt or liability or obligations for which the estate of the other party may be
responsible or liable, except as may be provided for in this Agreement. Each party agrees to
indemnify or hold the other party harmless from and against any and all such debts, liabilities or
obligations of each of them,. including those for necessities, except for the obligations arising out of
this Agreement. Husband .and Wife each warrant, covenants, represent and agree that each will,
now at all times hereafter, save harmless and keep the other indemnified from all debts, charges,
and liabilities. incurred by the other after .thee execution date of this Agreement, except as is
otherwise specifically provided .for by the terms of this Agreement and that neither of them
hereafter incur any: liability whatsoever for which the estate of the other may be liable.
6.6 Mndificatinn. No waiver or modification of any of the terms of this Agreement
shall be valid unless in writing and signed by both parties, and no waiver of any enforcement claims
for breach or default shall be deemed a waiver of any subsequent default of the same or similar
nature.
6.7 nn ~m .n Fx . Minn. The parties agree that they will promptly execute any and all
written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may
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be necessary or desirable for the proper implementation of this Agreement, and as their respective
counsel shall mutually agree should be so executed in order to carry out fully. and effectively the
terms of this Agreement.
6.8 CTnverning i,aw. This Agreement shall be construed in accordance with the laws of
the Commonwealth of Pennsylvania which are in effect as of the execution date of this Agreement.
6.9 Rte. This Agreement shall be binding and shall inure to the benefit of the
parties hereto and their respective heirs, executers, administrators, successors, and assigns.
6.10 F,ntire Agr ..m .n . This Agreement constitutes the entire understanding of the
parties and supersedes any and all prior agreements and negotiations between them. There are no
representations or warranties other than those expressly set forth herein.
6.11 Reverahilitv~. If any term, condition, clause, section, 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. Likewise, the failure of
any party to meet his or her obligation under any one or more of the articles and sections shall in no
way void or alter the remaining obligations of the parties. The parties expressly represent that the
headings of each paragraph are solely for purposes of convenience and are not to be construed as
controlling.
6.12 F~uitahle nivicinn. It is specifically understood and agreed that this Agreement
constitutes an equitable distribution of property, both real and personal, which was legally and
beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated
by the Divorce Code of the Commonwealth of Pennsylvania.
6.13 17icclnctre. The parties warrant and represent that they have made a full disclosure
of all assets prior to the execution of this Agreement and that this agreement was entered into in
10
reliance upon that disclosure.
6.14 F,nfnrceahility and ("nnsideratinn, This Agreement shall survive any action for
divorce and decree of divorce and shall forever be binding and conclusive on the parties, and any
independent action may be brought, either at law or in equity, to enforce the terms of the Agreement
by either Husband or Wife until it shall have been fully satisfied and performed. The consideration
for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto
and the covenants and agreements of each of the parties to the other. The adequacy of the
consideration for all agreements herein contained and stipulated, confessed and admitted by the
parties, and the parties intend to be legally bound hereby. In the event either party breached the
aforesaid Agreement and it is determined through appropriate legal action that the alleged party has
so breached the Agreement, the breaching party .shall be responsible for any and all attorney's fees
as well as costs and expenses associated with litigation incurred by the non-breaching party to
enforce this Agreement against the breaching party.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year written.
WITNES
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KENNIE M. JAM 0 ,JR SBAND
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CA RIE L. ISON, WIFE
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KENNIE M. JAMISON, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. No. OS-5910 CIVIL
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CABBIE L. JAMISON, :CIVIL ACTION -LAW
Defendant IN DIVORCE;
I, Came L. Jamison, Defendant in the above-captioned matter, accept service of the
COMPLAINT IN DIVORCE pursuant to Pennsylvania Rule of Civil Procedure, Rule 1930.4(d) on
the below date.
Date: ~1 / y G,~
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Carrie L. Jamiso
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KENNIE M. JAMISON, JR.,
Plaintiff
vs.
CARRY L. JAMISON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. OS-5910 CIVIL
CIVIL ACTION -LAW
IN DIVORCE
NOTICE OF INTENTION TO REQUEST ENTRY
OF § 3301(d) DIVORCE DECREE
TO: CABBIE L. JAMISON, Defendant
PO Bog 122
Newville, PA 17241
You have been sued in an action for divorce. You have failed to answer the complaint or
file acounter-affidavit to the § 3301(d) affidavit. Therefore, on or after the 8~' day of May 2007,
the other party can request the court to enter a final; decree in divorce.
If you do not file with the Prothonotary of the Court an answer with your signature
notarized or verified or acounter-affidavit by the above date, the court can enter a final decree in
divorce. Acounter-affidavit, which you may file with the Prothonotary of the Court is attached
to this notice.
Unless you have already filed with the court a written claim for economic relief, you
must do so by the above date, or the court may grant the divorce and you will lose forever the
right to ask for economic relief. The filing of the attached form counter-affidavit alone does not
protect your economic claims.
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
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
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KENNIE M. JAMISON, JR.,
Plaintiff
vs
CABBIE L. JAMISON,:
Defendant
1N THE COURT OF COMMON PLEA5 OF
:.CUMBERLAND COUNTY, PENNSYLVANIA
No, OS-5910 CIVIL
:CIVIL ACTION -LAW
IN DIVORCE
COUNTER-AFFIDAVIT UNDER § 3301(dj OF THE DIVORCE CODE
1. Check either (a) or (b):
^ (a) I do not oppose the entry of a divorce decree.
^ (b) I oppose the entry of a divorce decree because: •
Check (i); (ii), or both: ~ '
^ (i) The parties to this action have not lived separate and apart for a period of
at least two years.
^ (ii) The marriage. is not irretrievably broken.
2. Check either (a) or (b):
^ (a) I do not wish to make any claims for economic relief. 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.
^ (b) I wish to claim economic relief, which may include alimony, division of property,
lawyer's fees, or expenses or other important rights.
I understand that in addition to checking (b) above, I~must also file .all of my economic
claims with the Prothonotary in writing and serve them on the other party. If I fail to do so
before the date set forth on the Notice of Intention to'Request Divorce Decree, the divorce decree
may be entered without further delay.
I verify that the statements made in this counter-affidavit are true and correct.. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904
relating to unsworn falsification to authorities.
Date:
Carries L. Jamison, Defendant
NOTICE': IF YOU DO NOT. WISH TO`OPPOSE THE ENTRY OF A DIVORCE
DECREE `AND>YOU DO NOT WISH° TO MAKE ANY CLAIM FOR ECONOMIC
RELIEF, YOU SHOULD NOT FILE: THIS: COUNTER-AFFIDAVIT
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KENNIE M. JAMISON, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. : No. OS - 5910
CABBIE L. JAMISON, :CIVIL ACTION - -LAW
Defendant : IN DIVORCE
To the Prothonotary:
Transmit the record, together with the following information, to the Court for entry
of a divorce decree:
1. Ground for Divorce: Irretrievable breakdown under §cj § 3301(d)(1)
of the Divorce Code. (Strike out inapplicable section)
2. Date and Manner of service of the Complaint: Service by hand delivery to
Defendant on November 14, 2005. See attached Acceptance of Service.
(Complete either paragraph (a) or (b).)
(a) Date of execution of the affidavit of consent required by § 3301(c) of
the Divorce Code: by the Plaintiff
by the Defendant
(b) Date of execution of the affidavit required by § 3301(d) of the
Divorce Code: March 10, 2(17 ;
Date of filing of the Plaintiffs affidavit:
March ?.~, ?~~7 ;
Date of service of the Plaintiff s affidavit upon the respondent:
March 2h, 2~~7
4. Related claims pending: Please incnrnnrate withrnrt mergi_g, the attached
Marriage Settlement Agreement nfthe parties into the l~iv~r .. T)ecree.
5. (Complete either paragraph (a) or (b).)
(a) Date and manner of service of the Notice of Intention to File
Praecipe to Transmit Record, a copy of which is attached, ~rYed
(b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with
the prothonotary:
Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed
with the prothonotary: .
submitted,
Date: 4` ~~ Z bo7
Marlin arkle ,Esquire
Law Offices of atrick F. Lauer, Jr., LLC
2108 Market treet, Aztec Building
Camp Hill, Pennsylvania 1 70 1 1-4706
ID# 84745 Tel. (717) 763-1800
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I N T'H E GOU RT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ~~ PENNA.
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KENNIE M. JAMISON, JR.,
Plaintiff
N O. 2005 - 5910
VERSUS
CARRIE L. JAMISON,
Defendant
AND NOW,
DECREED THAT
DECREE IN
DIVORCE
' `~ ` ~ ~ ~~~~ IT IS ORDERED AND
Kennie M. Jamison, Jr.
AN D
Carrie L. Jamison
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
PLAINTIFF,
DEFENDANT,
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 attached Marriage Settlement Agreement dated November 8
2005, is incorporated, without merger herein.
BY THE COURT:
ATTEST: J .
PROTHONOTARY
2 ~1~. c.o S~ .s
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Carrie LouiseJamison
Plaintiff
FILE NO. 05-5910
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VS. IN DIVORCE r °>
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Kennie M. Jamison
Jr. C C7
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Defendant ,
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NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff/Defendant in the above matter, having
been granted a Final Decree in Divorce on the 23rd day of May, 2007
hereby elects to resume the prior surname of Carrie Louise Simmons
and gives this written notice pursuant to the provisions of 54 P.S. 704.
DATE: 3 - r7 - / 2-
Signature
COMMONWEALTH OF PENNSYLVANIA Signature of name being resumed
: SS.
COUNTY OF CUMBERLAND 7 y?16
On the 5 day of 20 before me, a
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 and official seal. 1?17
Notary Public
191
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