HomeMy WebLinkAbout95-02088
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF '1,~' PENNA.
JOAN APPLETON JONES
Plaintiff
i'\ (I. 95-20BBCIVILJERM. (I)
\..'1'....11.;
JERRY S. JONES,
De fendant
DECREE IN
DIVORCE
AND NOW, '" .(.Jv<:-llJ').~... .t.~... 1995...., it is ordered and
decreed that ....... . . . .J.o.A,N. .A,PP.L.E.T.ON. .JO.N.E.S. . . , . . . . . . . . . . . , . , . " plaintiff.
and ... . . . . . . . . . . . J~~~~ . ~ ~ . Jq~~s . . , . . . . , . . , , . . . . . . . . . . . . . . . . " 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; None.
AND IT IS FURTlIER ORDERED, that the terms, conditionsAlnd '{Qvenants set
. forth 'li,' the' wrlHen' Separation' anej' Property Sel:.tl einent' Agreeinen't' maae' ani:!
. entered. j nto. by, the, pa rUes. on. April. lA". ] 995." are. incorporated, .i nto. this.
Decree by reference thereto, but not merged into this Oecree ,/
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jmb/jones.sapsa
03/17/95' .
SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
ILI-Le, () 'Il
THIS AGREEMENT, Made this day of -fP,\...J(,
199 5", by and between Jerry S. Jones, hereinafter referred'to as
"Husband", and Joan Appleton Jones, hereinafter referred to as
"Wife".
WITNESSETH:
WHEREAS, Husband and IHfe \~ere laWfully married on
May 23, 1981; and
WHEREAS, two (2) children were born of this marriage,
namely, Andrew Stanford Jones, born October 31, 1985, and Michael
Thomas Jones, born November 9, 1987; and
WHEREAS, certain differences have arisen between the
parties as a result of which they have separated and now live
separate and apart from one another, and are desirous, therefore,
of entering into an Agreement which will provide for support,
distribute their marital property, and will provide for their
mutual responsibilities and rights grOlving out of the marriage
relationship; and
WHEREAS, the parties hereto, after being properly advised
by their respective counsel, Husband by his attorney, Allen W.
Lugg, Esquire, and Wife by her attorney, Sandra L. Meilton,
EsqUire, have come to the following agreement.
NOW THEREFORE, in consideration of the above recitals and
the following covenants and promises mutually made and mutually to
be kept, the parties heretOfore, intending to be legally bound and
to legally bind their heirs, successors and assigns thereby,
covenant, promise and agree as follows:
1. SEPARATION:
It shall be lawful for each party at all times
hereafter to live separate and apart from the other at such place
or places as he or she may from time to time choose or deem fit.
2. INTERFERENCE:
Each party shall be free from interference,
authority and contact by the other, as fUlly as if he or she were
single and unmarried, except as may be necessary to carry out the
provisions of this Agreement. Neither party shall molest the other
nor attempt to endeavor to molest the other, nor compel the other
to cohabit with the other, nor in any way harass or malign the
other, nor in any way interfere with the peaceful existence,
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jmb/jones.sapsa
03/17/95
separate and apart from the other in all respects as if he or she
were single and unmarried.
3. WIFE'S DEBTS:
Wife represents and warrants to Husband that since
their separation on January 15, 1994 she has not, and in the future
she will not, contract or incur any deht or liability for which
Husband or his estate might be responsible and shall indemnify and
save Husband harmless from any and all claims or demands made
against him by reason of debts or obligations incurred by her.
4. HUSBAND'S DEBTS:
Husband represents and warrants to Wife that since
their separation on January 15, 1994 he has not, and in the future
he will not, contract or incur any debt or liability for which wife
or her estate might be responsible and shall indemnify and save
Wife harmless from any and all claims or demands made against her
by reason of debts or Obligations incurred by him.
5. OUTSTANDING JOINT DEBTS:
Husband and Wife acknowledge and agree that they
have no outstanding debts and obligations of the Husband and Wife
incurred prior to the signing of this Agreement.
6. MUTUAL RELEASE:
subject to the provisions of this Agreement, each
party waives his or her right to alimony and any further
distribution of property inasmuch as the parties hereto agree that
this Agreement provides for an equitable distribution of their
marital property in accordance with the Divorce code of 1980.
subject to the provisions of this Agreement, each party has
released and discharged, and by this Agreement does for himself or
herself, and his or her heirs, legal representatives, executors,
administrators and assigns, release and discharge the other of and
from all causes of action, claims, rights or demands whatsoever in
law or equity, which either of the parties ever had or now has
against the other, except any or all cause or causes of action for
divorce and except in any or all causes of action for breach of any
provisions of this Agreement. Each party also waives his or her
right to request marital counseling pursuant to 23 Pa.C.S.A.
section 3302.
7. DIVISION OF PERSONAL PROPERTY:
The parties hereto mutually agree that they have
effected a satiSfactory division of the furniture, household
furnishings, appU.ances, and other household personal property
between them, and they mutually agree that each party shall from
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jmb/jonel;l.sapsa
03/17/95
and after the date hereof be the sole and separate owner of all
such tangible personal property presently in his or her possession,
and 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 each of the parties hereto.
The parties hereto have divided between themselves,
to their mutual satisfaction, all items of tangible and intangible
marital property. Neither party shall make any claim to any such
items of marital property, or of the separate personal property of
either party, which are now in the possession and/or under the
control of the other. Should it become necessary, the parties each
agree to sign, upon request, any titles or documents necessary to
give effect to this paragraph. Property shall be deemed to be in
the possession or under the control of either party if, in the case
of tangible personal property, the item is physically in the
possession or control of the party at the time of the signing of
this Agreement and, in the case of intangible personal property,
if any physical or written evidence of ownership, such as passbook,
checkbook, policy or certificate of insurance or other similar
writing is in the possession or control of the party. Husband and
Wife shall each be deemed to oe in the possession and control of
their own individual pension or other employee benefit plans or
retirement benefits of any nature to Which either party may have
a vested or contingent right or interest at the time of the signing
of this Agreement, and neither will make any claim against the
other for any interest in such benefits.
From and after the date of the signing of this
Agreement both parties shall have complete freedom of disposition
as to their separate property and any property which is in hiS/her
possession or control pursuant to this Agreement and may mortgage,
sell, grant, convey, or otherwise encumber or dispose of such
property, whether real or personal, whether such property was
acquired before, during or after marriage, and neither Husband nor
Wife need join in, consent to, or acknowledge any deed, mortgage,
or other instrument of the other pertaining to such disposition of
property.
A. SUMMARY OF ASSETS AND DISTRIBUTION:
The parties agree that their personal property
consists of the following:
PP&L stock # 41487650
Hershey stock # 01-592-46834-89620
TIAA Account # K276900-4
CREF Certificate # J276900-6
Cash surrender value on life insurance
policy held by Aid Association for Lutherans
Wife's Commonwealth Pension (SERS 744-04401)
Husband's personal injury claim and
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jmb/jones.sapsa
03/17/95
Wife shall have the right to claim the parties'
children as dependents for Federal Income Tax and all other tax
purposes.
If Wife moves out of the Harrisburg, Pennsylvania
area, then more formal custodial arrangements shall be negotiated.
Wife currently receives Social security benefits for
the children as a result of Husband's disability. The parties
agree that as long as the children are entitled to receive such
Social security benefits, and as long as the children are in Wife's
custody, they shall continue to receive the checks as a form of
support. In the event that the children are, by law, no longer
entitled to receive the social Security checks, then the parties
agree that this provision relative to support payments may be
enforced by an action in accordance with the Rules of civil
Procedure governing actions for support.
9. ALIMONY:
Both parties acknowledge and agree that the
provisions of this Agreement providing for equitable distribution
of marital property are fair, adequate and satisfactory to them and
are accepted by them in lieu of and in full and final settlement
and satisfaction of any claims or demands that either may now or
hereafter have against the other for support, maintenance or
alimony. Husband and Wife further, voluntarily and intelligently
waive and relinquish any right to seek from the other any payment
for support or alimony.
10. ALIMONY PENDENTE LITE. COUNSEL FEES. AND EXPENSES:
Husband and Wife acknowledge and agree that the
provisions of this Agreement providing for the equitable
distribution of marital property of the parties are fair, adequate
and satisfactory to them. Both parties agree to accept the
provisions set forth in this Agreement in lieu of and in full and
final settlement and satisfaction of all claims and demands that
either may now or hereafter have against the other for alimony
pendente lite, counsel fees or expenses or any other provision for
their support and maintenance before, during and after the
commencement of any proceedings for divorce or annulment between
the parties.
11. INCOME TAX PRIOR RETURNS:
The parties have heretofore filed joint federal and
state tax returns. Both parties agree that in the event any
deficiency in federal, state or local income tax is proposed, or
any assessment of any such tax is made against either of them, each
will indemnify and hold harmless the other from and against any
- 5 -
jmb/joneo,sapan
03/17/95
1000 or liability for any such tax deficiency or assessment and any
interest, penalty and expense incurred in connection therewith.
Such tax, interest, penal ty or expense shall be paid solely and
entirely by the individual who is finally determined to be the
cauae of the misreprosentations or failures to disclose the nature
and extent of his or her separate income on the aforesaid joint
returns.
12. WAIVERS OF CLAIMS AGAINST ESTATES:
Except as herein otherwise provided, each party may
dispose of his or her property in any way, and each party hereby
waives and relinquishes any and all rights he or she may now have
or hereafter acquire, under the present or future laws of any
jurisdiction, to share in the property or the estate of the other
no a result of the marital relationship, including without
limitation, dower, curtesy, statutory allowance, widow I s allowance,
right to take in intestacy, right to take against the will of the
other, and right to act as administrator or executor of the other's
eotate. Each will, at the request of the other, execute,
acknowledge and deliver any and all instruments which may be
necesoary or advisable to carry into effect this mutual waiver and
relinquishment of all such interests, rights and claims.
13. AGREEMENT NOT PREDICATED ON DIVORCE:
It is specifically understood and agreed by and
between the parties hereto and each of the said parties does hereby
warrant and represent to the other, that the execution and deliVery
of thio Agreement is not predicated upon nor made subject to any
agroement for institution, prosecution, defense, or for the
non-prosecution or non-defense of any action for divorce; provided,
however, that nothing contained in this Agreement shall prevent or
preclUde either of the parties hereto from commencing, instituting
or prosecuting any action or actions for divorce, either absolute
or otherwise, upon just, legal and proper grounds; nor to prevent
either party from defending any such action which has been, mayor
ohall be instituted by the other party, or from making any just or
proper defense thereto. It is warranted, covenanted and
represented by Husband and IH fe, 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 waives any and all possible claims that
this Agreement is, for any reason, illegal or for any reason
whatsoever, unenforceable in whole or in part. Husband and Wife
each do 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.
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jmb/jones.sapsa
03/17/95
14. SUBSEOUENT DIVORCE:
It is contemplated that IHfe will proceed with a
no-fault complaint in divorce against Husband in the near future.
Husband and Wife each agree to sign an affidavit of consent to be
filed in said divorce action. The parties further agree that each
of them shall be responsible for their own attorney's fees. In the
event such divorce action is concluded, the parties shall be bound
by all the terms of this Agreement which shall be incorporated by
reference into the Divorce Decree, shall not be merged in such
Decree, and shall not be modified, but shall in all respects
survive the same and be further binding and conclusive upon the
parties.
15. BREACH AND ENFORCEMENT:
If either party breaches any provision of this
Agreement, the other party shall have the right, at his or her
election, to sue for damages for such breach, or seek such other
remedies or relief as may be available to him or her, and the party
breaChing this Agreement shall be responsible for payment of legal
fees and costs incurred by the other in enforcing his or her rights
under this Agreement.
16. ADDITIONAL INSTRUMENTS:
Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other
party any and all further instruments that may be reasonably
required to give full force and effect to the provisions of this
Agreement.
17. VOLUNTARY EXECUTION:
The provisions of this Agreement and their legal
effect have been fully explained to the parties by their respective
counsel, and each party acknowledges that the Agreement is fair and
equitable, that it is being entered into voluntarily, with full
knowledge of the assets of both parties, and that it is not the
result of any duress or undue influence. The parties acknowledge
that they have been furnished with all information relating to the
financial affairs of the other which has been requested by each of
them or by their respective counsel.
18. ENTIRE AGREEMENT:
This Agreement contains the entire understanding of
the parties and there are no representations, warranties, covenants
or undertakings other than those expressly set forth herein.
Husband and Wife acknowledge and agree that the provisions of this
Agreement with respect to the distribution and division of marital
and separate property are fair, equitable and satisfactory to them
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03/17/95
".
baseu on the length of their marriage and other relevant factors
which have been taken into consideration by the parties. Both
parties hereby accept the provisions of this Agreement with respect
to the division of property in lieu of and in full and final
settlement and satisfaction of all claims and demands that they may
now have or hereafter have against the other for equitable
distribution of their property by any court of competent
jurisdiction pursuant to 23 Pa.C.S.A. section 3501 gt. ~ or any
other laws. Husband and Wife each voluntarily and intelligentlY
waive and relinquish any right to seek a court ordered
determination and distribution of marital property, but nothing
herein contained shall constitute a waiver by either party of any
rights to seek the rel ief of any court for the purpose of enforcing
the provisions of this Agreement.
19. DISCLOSURE:
Husband and Wife each represent and warrant to the
other that he or she has made a full and complete disclosure to the
other of all assets of any nature whatsoever in which such party
has an interest, the sources and amount of the income of such party
or every type whatsoever and of all other facts relating to the
subject matter of this Agreement.
20. MODIFICATION AND WAIVER:
A modification or waiver of any of the provisions
of this Agreement shall be effective only if made in writing and
executed with the same formality as this Agreement. The failure
of either party to insist upon strict performance of any of the
provisions of this Agreement shall not be construed as a waiver of
any subsequent default of the same or similar nature.
21. PRIOR AGREEMENT:
It is understood and agreed that any
property settlement agreements which mayor have been
prior to the date and time of this Agreement are null and
of no effect.
and all
executed
void and
22. DESCRIPTIVE HEADINGS:
The descriptive headings used herein are for
convenience only. They shall have no effect whatsoever in
determining the rights or obligations of the parties.
23. INDEPENDENT SEPARATE COVENANTS:
It is specifically understood and agreed by and
between the parties hereto thn t encll [1n rngraph hereof shall be
deemed to be a separate and independent covenant and agreement.
- B -
JOAN APPLETON JONES,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-2088 CIVIL TERM
JERRY S. JONES,
Defendant
CIVIL ACTION - LAW
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:
irretrievable breakdown under
Section 3301(c) of the Divorce Code.
2. Date and manner of service of the complaint: May 1,
1995, certified mail.
3. Date of execution of the affidavit of consent required
by Section 3301(c) of the Divorce Code:
by plaintiff: July 25, 1995;
by defendant: July 25, 1995.
4 . Related claims pending: None.
5. Date and manner of service of the notice of intention to
file praecipe to transmit record, a copy of which is attached, if
the decree is to be entered under Section 3301(d) (1) (i) of the
Divorce Code.
Not aoolicable
Dated: 7-3/.N15
~1A")tk ;( C::)1101b-t-L
Sandra L. Meiltdn, Attorney for
Plaintiff
jones.c
gmr 3/23/95
, '
JOAN APPLETON JONES,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
tj,f .JO J'J' nULL ( \....J '--I \''-..-
NO.
JERRY S. JONES,
Defendant
IN DIVOf,'::E
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 Office of the Prothonotary,
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 LA\~YER 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
Fourth Floor
Cumberland County Courthouse
Carlisle, PA 17013
Telephone No. (717) 240-6200
.
, I 'ttyfi-r;(7f{J(~b'.~' ,
~ L. Mellton (No. 32551)
Attorney for Plaintiff
HEPFORD, S1~ARTZ & MORGAN
P.O. Box 889
Harrisburg, PA 17108
(717) 234-4121
jones.c
,gmr ,3/23/95
JOAN APPLETON JONES,
Plaintiff
v.
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JERRY S. JONES,
Defendant
NO. 'h'. JofJ'C<u<..lT;.L-O"-o
IN DIVORCE
COMPLAINT UNDER SECTION 3301(cl
OF THE DIVORCE CODE
1. Plaintiff is Joan Appleton Jones, an adult
individual who is sui juris and resides at 35 South 22nd Street,
Camp Hill, Cumberland County, Pennsylvania.
2. Defendant is Jerry S. Jones, an adult individual who
is sui juris and resides at 5312 Oxford Circle, Apartment 2,
Mechanicsburg, Cumberland County, Pennsylvania.
The present
whereabouts of the Defendant, Jerry S. Jones, to the knowledge of
the Plaintiff, is the same.
3. Both Plaintiff and Defendant have been bona fide
residents in the Commonwealth of Pennsylvania for at least six (6)
months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on May 23,
1981, in Syracuse, New York.
5. There have been no prior actions of divorce or for
annulment between the parties.
6. Plaintiff has been advised of the availability of
counseling and the right to request that the Court require the
parties to participate in counseling.
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