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: IN THE COURT OF COMMON PLEAS :
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OF CUMBERLAND COUNTY
STATE OF '*' PENNA.
NANCY JONES,
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PLAINTIFF
Vtll'SlIS
KENNETH JONES,
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DEFENDANT
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DECREE IN
DIVORCE
AND NOW. ' .. , , MDM., .. ~ , .. ..' " 19 ,~~ .. " it is ordered and
decreed that", " , , " , , , , " "" ~,^!".c,Y, ,~~~~"" , , , "", "", " plaintiff.
and,.........."".."", ,~~,~?~~~..,...."',......,..,, defendant.
are divorced from the bonds of matrimony,
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered; No~
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INDEX
See/ioll Page
I. Divorce and Separalion ", , , , , , , , , , , , , , , , , , , , , , , , , , . , , , . , , , , , . , , , , , , , , I
2, Division of Property , , . , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . , , , . , , , , , . , , , , , 2
3. Tax Refund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
4, Additional Documentation , , , , . , . , , , , , , , , , . , , , . , , , , , , , , , , , , , , , , . , , . . . , , 3 '
5, Transfers Subject to Exisling Liens , , , , , . , , , , , , , , , , , , , , , , . , . , , , , , , , , , , , , , . 3
6, Representations and Warranties, , , . , , , , , , , , , , , , , , , , , , , , , . . , , , , , , , , , , , , . . , 3
7. Equitable Division """""."""".""."""""""""""", 4
8, Relinquishment of Rights, , , , . , , , , , , , , , . , , , , , , , , , , , , , , , , , , , , , , , , , , , . , , , 4
9, Afier-Acquired Property """""""",."".""""".,.""""" 4
1 0, Liabilities, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . . . , . , . , , , , , , , , , , , 4
11. Counsel Fees, Costs, and Expenses "" . , , , , . , , . , , , , , , , , , , , , , , . . . , , , , , , , , . 5
12, Alimony and Child Support ",.'",.""""""""""..'.,.',..'.,. 5
13, Tax Ramifications of Alimony , , , , , , , . , , , , , . , , . , , , , , , . , , , , , , , , , , , , , , , , , , 5
14. Custody. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
15, Life Insurance "",.",'.",.""""""""'..'",,, , , , , , , , , , , , , , 6
16, Full Disclosure, , , , , , , , . , , , , , . . . , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . 6
17, Releases, . , , , , . , , , , , , , , , , , , , , , , , , . , , , , , , , , , . , , , , , , , , , . , , , , , , , , , , , 6
18, Indemnification, , , , , , , , , , , . , , , , , , , , , , , , . , , . , , . , , , , , , , , , , , , . , , , , , , , , 7
19, General Provisions """"""""'..'"."",.""",, , , , , , , , , . , , , , 7
20, Fair and Equitable Contents , , , , , , , , , , , , , , , , . , , , , , , , . , , , , , , , , , , , , , , , , , , , 8
21. Breach, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . . , , , , , , , , , , , 8
22, Execution of Documents ,'.'". , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . 8
23, Modification, , , , , , , , . . , , , , , , , , , , , , , , , , , , , . , , , , , , , , , , , , , , , , , , , , , , . , 8
24, Severability, , , . , , , , , , . , , , , . , , , , . , , , , , , . , , , , , , , , , , , , , , , , , , . , , . , . , , 9
25, Applicable Law """,., , , , , , , , , , , , . , , , . , , . , , , . , , ' , , , . , , , , , , , , , , , , . 9
26, Agreement Not to be Merged , , , , , , , , , . , , , , , , , , , , , , , , , , , , , , , , , , , , , . , , , , , 9
7. Eoultnble Division. By this Agreement the parties have intended to effect an
equitable division of their jointly owned property, The parties have determined that an equitable
division of such property confomls to a just and right standard, with due regard to the rights of each
party, The division of existing marital property is not intended by the parties to constitute in any
way II sale or exchange of assets, and the division is being effected without the introduction of
outside funds or other property not constituting a part of the maritlll estate, It is the intention of the
parties to treat 1111 transfers herein as non-taxable,
8. Rellnolllshmcnt of Rll!hts. Except as expressly provided herein, Husband forever
relinquishes any right, title or interest he may now or hereafter hllve in any tangible or intangible
IIssets now belonging to Wife, Except as expressly provided herein, Wife forever relinquishes any
right, title or interest she may now or hereafter have in any tangible or intangible assets now
belonging to Husband,
9. After-Acaulred ProDertv. Each of the parties shall hereafter own and enjoy
independently of IIny claim or right of the other, all items of property, be they real, person III or
mixed, tangible or intangible, which are hereafter IIcquired by him or her, with full power in him or
her to dispose of the slime as fully and effectively, in all respects and for all purposes as though he
or she were unmarried,
10. Lfllbllltles, All debts, contracts, obligations or Iillbilities incurred lit Rny time in the
past or future by either party will be paid promptly by said party, unless Rnd except as otherwise
specifically set forth in this Agreement; and each of the parties hereto further promises, covenants
and agrees that each will now and at all times hereafter save harmless and keep the other or his or
her estate indemnified and save hannless from all debts or liabilities incurred by him or her, as the
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case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all
costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and
demands, Neither party shall, as of Ihe date of this Agreement, contract nor incur any debt or
liability for which the other or his or her property may be responsible, and shall indemnify and save
harmless the other from any and all claims or demands made against him or her by reason of debts
or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless
provided to the contrary herein.
11. Counsel Fees. Costs and Expenses. Husband shall be responsible for one-half of
Wife's legal fees, costs and expenses incurred in connection with the parties' separation and
dissolution of their marriage, Husband shall make this payment to Wife within 30 days lifter the
signing of this Agreement.
12. Allmonv and Child Support. Husband shall pay to Wife the sum of One Thousand
, Four Hundred ($1,400) Dollars per month as unallocated alimony and child support until the parties'
child reaches 18 years of age or graduates from high school, whichever occurs later,
13. Tax Ramifications of Allmonv. The parties agree that the entire amount being paid
to Wife pursuant to this paragraph is a separate maintenance periodic payment, included and intended
to be included with the income of Wife within Ihe meaning and intent of Section 71 of the United
States Internal Revcnue Code of 1954 and deductible from the Husband's gross income pursuant to
the provisions of Section 215 of the United States Internal Revenue Code of 1954, Wife agrees that
all said payments shall be included as income to the Wife in her applicable tax returns and that she
shall pay such taxes as may be required by reason of such inclusion,
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14, Custodv. The parties agree that the legal custody of their child shall be joint, with
both parties having the right to make major parenting decisions affecting the child's health, education
and welfare, Primary physical custody shall be with Wife, with Husband to have partial physical
custody as the parties can agree, During such times as the child resides with the parties as set forth
above, the parent having physical custody shall be responsible for all asper.ts of child care, including
medical, and shall have the duty to immediately advise the other parent of any unusual occurrence or
any illness, Husband shall be responsible for the procurement and payment for health and dental
insurance coverage for the minor child at his sole expense,
15. Life Insurance. The child shall be named as sole irrevocable beneficiary on policies
insuring Husband's life in an amount no less than $231,300, Husband shall maintain said policies
until the child attains age 22,
16. Full Disclosure. The respective parties do hereby warrant, represent and declare and
do acknowledge and agree that each is and has been fully and completely infonned of and is familiar
with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and
income of the other and that each has made a full and complete disclosure to the other of his or her
entire assets and liabilities and any further enumeration or statement thereof in this Agreement is
specifically waived,
17. Releases. Each party does hereby remise, release, quitclaim and forever discharge the
other and the estate of the other from any and every claim that each other may now have, or
hereafter have or can have at any time, against the other, or in and to or against the other's estate, or
any part thereof, whether arising out of any former contracts, engagemcnts or liabilities of the other,
or by way of dower or claim in the nature of dower, widow's rights. or under the intestate laws, or
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the right to take against each othcr's will, or for support or maintenance, or of any other nature
what~oever, except any rights accruing under this Agrccment.
18. Indemnlneatlon. Each party represents and warrants to the other that he or she has
not incurred any debt, obligation, or other liability, other than described in this Agreement, on which
the other party is or may be liable, Each party covenants and agrees that if any claim, action or
proceeding is hereinafter initiated seeking to hold the other party liable for any other debts,
obligations, liability, act or omission of such party, such party will at his or her sole expense, defend
the other against any such claim or demand, whether or not well. founded, and that he or she will
indemnify and hold hamlless the other party in respect of all damages as resulting therefrom,
Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and
other damage, including without limitation, counsel fees and other costs and expenses reasonably
incurred in investigating or allempting to avoid same or in opposing the imposition thereof or
enforcing this indemnity, resulting to H'Jsband or Wife from any inaccurate representation made by
or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the
warranties made by Husband or Wife in this Agreement, or breach or default in perfonnance by
Husband or Wife of any of the obligations to be perfonned by such party hereunder, Husband or
Wife agrees to give the other prompt written notice of any litigation threatened or instituted against
either party which might constitute the basis for a claim for indemnity pursuant to the tenns of this
Agreement.
19. General Provisions. This Agreement constitutes the entire understanding of the
parties and supersedes any and all prior agreements and negolialions between them, There arc no
representations or warranties other than those expressly sct forth herein.
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20. Fair and Equitable Contents. Husband and Wife each acknowledge that prior to the
execution of this Agreement, they each have had the opportunity to employ, consult and be
represented by separate and independent legal counsel of his or her choosing, Husband and Wife
further acknowledge that each has read this Agreement. Husband and Wife have each had the
opportunity to have this Agreement fully explained as to the meaning and legal consequences of this
Agreement to him or her. Husband and Wife assert that they each fully understand the facts, their
respective legal rights and liabilities hereunder, and the legal consequences and effect of this
Agreement. Each party acknowledges having read this Agreement and arcepts that this Agreement
is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily
after having the opportunity to receive advice as set forlh above, and that execution of this
Agreement is not the result of any duress or undue influence and that it is not the result of any
collusion or improper or illegal agreement or agreements,
21. Dreach. It is expressly stipulated that if either party fails in the due perfonnance of
any of his or her material obligations under this Agreement, the other party shall have the right, at
his or her election, to sue for damages for breach thereof, to sue for specific perfonnance, or to seek
any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal
fees and costs for any services rendered by the non-defaulting party's attorney in any action or
proceeding to compel perfonnance hereunder,
22. Execution of Documents. Each party shall on demand execute any other docum~nts
that may be necessary or advisable to carry out the provisions of this Agreement.
23. Modification. No modification, rescission or amendmtnt to this Agrcement shall be
effective unless in writing signed by each of the partics hereto,
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NANCY JONES, I IN THE COURT or COMMON PLEAS
Plaintiff I CUMBERLAND COUNTY, PA
I NO. qtl-61/j CW-d. T.//vvt-/
v. I
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KENNETH JONES, I
Defendant I CIVIL ACTION - DIVORCB
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
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, Cumberland County Courthouse, Carlisle, Pennsylvania,
17013 .
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 LEGAL HELP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR
ONE COURTHOUSE SQUARE
CARLISLE, PA 1'1013-3387
(717) 240-6200
NANCY JONES, I IN THE COURT OF COKMON PLEAS
Plaintitt I CUMBERLAND COUNTY, PA
I
v. I NO.
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KENNETH JONES, I
Detendant I CIVIL ACTION - DIVORCE
TO THE WITHIN NAMED DEFENDANT I
You have been named as the Defendant in a divorce proceeding
filed in the Court of Common Pleas of Cumberland county. This notice
is to advise you that in accordance with section 3J02(d) of the
Divorce Code, you may request that the Court require you and your
spouse to attend marriage counseling prior to a Divorce Decree being
handed down by the Court. A list of professional marriage counselors
is available at the Cumberland county Domestic Relations Office, 13
North Hanover street, Carlisle, Pennsylvania. You are advised that
this list is kept as a convenience to you and you are not bound to
choose a counselor from the list. All necessary arrangements and the
cost of counseling sessions are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request
for counseling within twenty (20) days of the date on which you
receive this notice. Failure to do so will constitute a waiver of
your right to request counseling.
Prothonotary
~"".1-4/0UUpIlGlDIVORCBl'OMP1.AlNTINOVC\d\bc' 21, 1994
NANCY JONES, I IN THE COURT O~ COKKON PLOS
plaintiff I CUMBERLAND COUNTY, PA
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v. I NO.
:
ItENNBTH JONBS, I
Defendant I CIVIL ACTION - DIVORCI!l
TO THB HONORABLB, THB JUDGBS OF SAID COURT:
AND NOW, comes plaintiff, NANCY JONES, by her attorneys, SMIGBL,
ANDBRSON , SACKS, and represents as follows:
COUNT I
DIVORCB UNDBR SECTION 3301101 OR 33011dl
OF THB DIVORCE CODE
1. plaintiff is Nancy Jones, who currently resides at 100
Blacksmith Road, Camp Hill, Cumberland County, pennsylvania 17011 and
has resided there in excess of six (6) months.
2. Defendant is Kenneth Jones, who currently resides at 4175
Mountain View Road, Apt. 108, Mechanicsburg, Cumberland County,
Pennsylvania 17055 and has resided there in excess of six (6) months.
3. Both Plaintiff and Defendant have been bona fide residents in
the Commonwealth for at least six (6) months immediately previous to
the filing of this complaint.
.. The Plaintiff and Defendant were married on December 21,
1977, at Newton, Massachusetts.
5. There have been no prior actions of divorce or for annulment
between the parties.
6. The marriage is irretrievably broken.
7. 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 the Court to enter a Decree of
Divorce.
COUNT II
EOUITABLE DISTRIBUTION
8. Plaintiff repeats and realleges the averments of paragraphs 1
through 7 which are incorporated by reference herein.
9. Plaintiff and Defendant possess various items of both real
and personal marital property which is subject to equitable
distribution by this Court.
WHEREFORE, Plaintiff requests this Court to equitably distribute
the marital property after an inventory and appraisement has been
filed by the parties.
COUNT III
ALIMONY UNDER SECTION 3701 OP TRE DIVORCE CODE
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10. Plaintiff repeats and real leges the averments of paragraphs
1 through 9 which are incorporated by reference herein.
11. Plaintiff requires support to adequately maintain her in
accordance with the standard of living established during the
marriage.
WHEREPORE, Plaintiff requests the Court to award her reasonable
alimony pursuant to section 3701 of the Divorce Code.
COUNT IV
ALIMONY PENDENTE LITE. COUNSEL FEES. COSTS AND
EXPENSES UNDER SECTION 3702
12. Plaintiff repeats and real leges the averments of paragraphs
1 through 11 which are incorporated by reference herein.
13. Plaintiff has no adequate means of support for during the
course of this litigation.
1.. Plaintiff does not have sufficient funds to pay counsel
fees, costs or expenses incidental to this action.
15. Plaintiff has no health insurance other than that presently
available to her through Defendant'e employment.
WHEREFORE, Plaintiff requests the Court to award her alimony
pendente lite, counsel fees, costs and expenses.
COUNT V
EXCLUSIVE POB8~SSION OF THE MARITAL HOME
UNDER SECTION 3502101
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