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HomeMy WebLinkAbout02-1344KATHY L. JONES, Vo JASON L. JONES, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. O~ - 13~ CIVIL TERM : IN DIVORCE ~NQTICE 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 will proceed without you and a decree of divorce or annulment may be entered against you for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other fights important to you, including custody or visitation of your children. When the ground for the divome, 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 KATHY L. JONES, JASON L. JONES, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. (2x,)-~ I ~ t/c/ CIVIL TERM IN DIVORCE / COMPLAINT IN DIVORCE Plaintiff is Kathy L. Jones, an adult individual currently residing at 931 West Old York Road, Carlisle, Cumberland County, Pennsylvania. Defendant is Jason L. Jones, an adult individual currently residing at 931 West Old York Road, Carlisle, Cumberland County, Pennsylvania. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. Plaintiff and Defendant were married on November 1, 1980, in Carlisle, Cumberland County, Pennsylvania. There have been no other prior actions for divorce or annulment between the parties. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. EOUITABLE DISTRIBUTION 11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth in their full text. 12. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 13. Plaintiff and Defendant are joint owners of real estate located in Cumberland County, which was acquired during their marriage and which is subject to equitable distribution. 14. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitable apportioning the debts incurred by the parties. COUNT II ALIMONY. AI,IMONY PENDENTE LITE. AND COUNSEL FEES 15. Paragraphs 1 through 14 are incorporated herein by reference as if set forth in their full text. 16. Plaintiff is unable to provide of, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 17. Plaintiff is without sufficient property and otherwise unable to financially support herself through appropriate employment. 18. Defendant is presently employed and receiving a substantial income and benefits and is able to pay for counsel fees, expenses, and costs, as well as alimony, and alimony pendente lite for the Plaintiff. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order requiring Defendant to pay for Plaintiffs counsel fees, expenses, and costs as well as providing for payment of an appropriate alimony and alimony pendente lite to Plaintiff. Respectfully submitted, uire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsifications to authorities. HY I~JONES, ~laintiV KATHY L. JONES, Plaintiff/Petitioner JASON L. JONES, DR#: : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-1344 CIVIL TERM Defendant/Respondent : IN DIVORCE pETITION FOR A1 JMONY PENDENTE LITE. INTERIM COUNSEL FEES AND EXPENSES AND NOW comes Petitioner, Kathy L. Jones, by and through her counsel of records, Bradley L. Griffie, Esquire, and petitions the Court as follows: Your Petitioner is the above named Plaintiff, Kathy L. Jones, an adult individual currently residing at 1840 Mary Lane, Carlisle, Cumberland County, Pennsylvania. Your Respondent is the above named Defendant, Jason L. Jones, an adult individual currently residing at 931 West Old York Road, Carlisle, Cumberland County, Pennsylvania. Petitioner's date of birth is May 13, 1964, and her Social Security number is 186-54- 6472. Respondent's date of birth is October 6, 1957, and his Social Security number is 175- 48-4090. The divorce action filed to the above docketed number in the Court of Common Pleas of Cumberland County requests a divorce based upon Section 3301(c) of the Divorce Code of 1980 as amended. Petitioner has employed counsel and will incur certain costs and expenses in pursuit of the aforementioned divorce action, but is without sufficient assets or income to support herself, pay for attorney's fees, or pay for the costs and expenses associated with this action. Respondent has sufficient income and earning capacity, as well as assets, to support the Petitioner or to assist in supporting Petitioner, and to pay alimony pendente lite to Petitioner, as well as assist in paying her counsel fees, costs and expenses. Respondent has changed ownership of all financial assets in such a fashion as to prohibit Petitioner from having any access or use of the parties' financial assets. WHEREFORE, Petitioner request you Honorable Court to enter an Order of Alimony Pendente Lite, Interim Counsel Fees, Costs and Expenses in this matter. Respectfully submitted, /~ ~a~e')v~2.~rit~ e, Es quire 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 KATHY L. JONES, Plaintiff/Petitioner JASON L. JONES, DR#: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-1344 CIVIL TERM DefendanffRespondent : IN DIVORCE DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER NAME Kathy L. Jones ADDRESS 1840 Mary Lane, Carlisle, PA 17013 BIRTH DATE May 13, 1964 SOCIAL SECURITY NUMBER 186-54-6472 HOME PHONE (717) 258-4743 WORK PHONE none EMPLOYER NAME self-employed EMPLOYER ADDRESS n/a JOB TITLE/POSITION house cleaner DATE EMPLOYMENT COMMENCED Appx. 1988 GROSS PAY $600.00 (appx.) NET PAY $500.00 (appx.) OTHER INCOME none ATTORNEY'S NAME Bradley L. Gfiffie, Esquire ATTORNEY'S ADDRESS 200 N. Hanover St., Carlisle, PA 17013 ATTORNEY'S PHONE NUMBER (717) 243-5551 RESPONDENT NAME Jason L. Jones ADDRESS 931 West Old York Road, Carlisle, PA 17013 BIRTH DATE October 6, 1957 SOCIAL SECURITY NUMBER 175-48-4090 HOME PHONE (717) 245-2175 WORK PHONE n/a EMPLOYER NAME self-employed EMPLOYER ADDRESS fda JOB TITLE/POSITION farmer DATE EMPLOYMENT COMMENCED 1990 (appx.) GROSS PAY $35,000.00 NET PAY $30,000.00 OTHER INCOME none ATTORNEY'S NAME Rebecca R. Hughes, Esquire ATi'ORNEY'S ADDRESS 60 W. Pomfret St., Carlisle, PA 17013 ~.TTORNEY'S PHONE NUMBER (717) 249-2353 MARRIAGE INFORMATION DATE OF MARRIAGE November 1, 1980 PLACE OF MARRIAGE Carlisle, Cumberland Co., Pennsylvania DATE OF SEPARATION March 24, 2002 (physical separation) ADDRESS OF LAST MARITAL 931 West Old York Road HOME Carlisle, PA 17013 DESCRIPTION OF DOCUMENT RAISING APL CLAIM original Complaint in Divorce DATE APL DOCUMENT FILED I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. KATHY L. J(~ES, Plaintiff/Pej~ioner KATHY L. JONES, Plaintiff VS. JASON L. JONES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 02-1344 CIVIL TERM : IN DIVORCE ACCEPTANCE OF SERVICE received a certified and true copy of a Complaint in Divorce in the above captioned action and further acknowledge that I am authorized to do so on behalf of my client, Jason L. Jones. Attorney for Defendant Sworn and subs~ril~d to before me this l~.~day Notarial Seal Jecqueline L. Drawbaugh, Notary Public] Car s e Bore Cumberland County | My Corniness!on Expires Aug. 14, 2003~ KATHY I~ JONES, Plaintiff/Petitioner VS. JASON L. JONES, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2002-1344 CIVIL TERM IN DIVORCE DR8 31594 Pacses~ 460104392 ORDER OF COURT AND NOW, this 4~ day of April, 2002, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the pa~ies and their respective counsel appear before R.J. Shaddav on~ at IO:30A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Li~ be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical covemge which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your an'est. BY THE COI.~T, George E. Hoffer, President Judge Mail copies on Petitioner 4-4-02 to: < Respondent Bmdley Cniffie, Esquire Rebecca Hughes, Esquire Date of Order: April 4, 2002 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Presbyterian Homes, Inc., t/d/b/a Forest Park Health Center, Plaintiff V. Ralph W. Gruber, Mary J. Neubaum and George Graber, Jr., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 02 - 01344 CIVIL ACTION DEFENDANTS' PRELIMINARY OBJECTION TO FORM OF COMPLAINT AND NOW COME Defendants Ralph W. Graber, Mary J. Neubaum and George Graber, Jr., by and through their attorneys, Saidis, Shuff, Flower & Lindsay, and respectfully assert the following preliminary objection to the within complaint: Plaintiff's complaint has not been verified by a party nor does it set forth the reason why the verification is not made by a party, as required by Pa.R.C.P. Rule 1024(c), and should therefore be dismissed. WHEREFORE, Defendants request that the Complaint be dismissed, unless and until it is properly verified by a party to the action or otherwise made to comply with Pa.R.C.P. Rule 1024(c). Respectfully submitted, SAIDIS, SHUFF, FLOWER & L1NDSAY Dated: April 16, 2002 By: Thomas E. Flower, Esquir~/ Supreme Court ID #83993 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA Presbyterian Homes, Inc., t/d/b/a Forest Park Health Center, Plaintiff Ralph W. Gruber, Mary J. Neubaum and George Graber, Jr., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 02 - 01344 CIVIL ACTION CERTIFICATE OF SERVICE AND NOW, this 16th day of April, 2002, I, Thomas E. Flower, Esquire, of the firm of Saidis, Shuff, Flower and Lindsay, hereby certify that I this day served a tme and correct copy of the Preliminary Objection upon the parties listed below via United States Mail, postage prepaid, addressed as follows: Paula J. McDermott, Esquire 218 Pine Street P.O. Box 886 Harrisburg, PA 17108 - 0886 Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Thomas E. Flower, Es-~ Supreme Court ID #83993 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff In the Court of Common Pleas of CUMBERLAND County, Penn~lvania DOMESTIC RELATIONS SECTION KATHY L. JONES Plaintiff vs. JASON L. JONES Defendant ) Docket Number ) ) PACSES Case Number ) ) Other State ID Number 02-1344 CIVIL 460104392/D31594 ORDER AND NOW, to wit on this 3RD OA¥ OV MAY, 2002 IT IS HEREBY ORDERED that the O Complaint for Support or O Petition to Modify or (~) Other ALIMONY PENDENTE LITE filed on MARCH 26, 2002 in the above captioned matter is dismissed without prejudice due to: PLAINTIFF WITHDRAWING THE REQUEST FOR ALIMONY PENDENTE LITE CONFERENCE. O The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. DRO: RJ Shadday xc: plaintiff defendant Rebecca Hughes, Esc~ ~5 rs Bradley Griffie, Esquir~ BY THE COURT: JUDGE Form OE-506 Service Type M Worker ID 21 o o 5