David Perry Davis
31 Jefferson Plaza
Princeton, NJ 08540
(732) 274‑9444
(732) 274‑2050
(fax)
Attorney for defendant
|
Tiffany
Elliot-Smith, f/k/a Tiffany
JONES, Plaintiff vs. Christopher
JONES, Defendant |
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SUPERIOR COURT
OF NEW JERSEY CHANCERY
DIVISION FAMILY PART MERCER COUNTY DOCKET NO.
FM-11-445-01B Case No. CS 4215 5607A Civil Action NOTICE OF MOTION |
TO: Tiffany JONES
562
South Avenue
Dunellen
NJ 08812-1434
PLEASE
TAKE NOTICE that, on Friday, August, 29, 2003, at 9:00 a.m., or as soon
thereafter as may be heard, the undersigned shall move in the Superior Court of
New Jersey, Chancery Division, Family Part, located at Mercer County Superior
Court, 175 S. Broad Street, Trenton, before the Honorable Thomas P. Kelly,
J.S.C. for an Order:
A. Reviewing and
adjusting child support as per the terms of the parties' judgment of divorce;
B. Crediting defendant's
child support obligation for necessities he has been compelled to purchase for
the child that plaintiff should have covered via child support;
C. Compelling plaintiff
to amend her 2001 tax return and restraining her from claiming the parties'
child as an exemption until such time as she earns $20,000 per year;
D. Compelling
the parties to attend mediation to revise the parenting schedule as a result of
defendant's impending relocation to South Carolina;
E. Enforcing the parties'
judgment of divorce and compelling plaintiff to pay the Sears credit card and
restraining her from continuing to use the card;
F. Compelling plaintiff
to comply with the terms of the judgment of divorce by paying the first $250.00
per year and restraining plaintiff from listing defendant as the responsible
party for medical costs;
G. Compelling plaintiff
to reimburse defendant for payments he made to the Princeton Medical Center for
an obligation that was defendant's, or, in the alternative, crediting his
support obligation in the amount of $25 per week;
H. Compelling the
Probation Department to remove the erroneous reporting made to credit bureaus.
I. For counsel fees and
costs;
J. For such further
relief as the court may deem equitable and just.
Defendant
shall rely on the enclosed certification, and attachments. A proposed form of Order is enclosed
herewith. Oral argument is requested.
___________________________David Perry Davis, Esq.
Proof of Service
Patricia
Ameigh, of full age, hereby certifies as follows:
1. I am a paralegal employed by the Law Office
of David Perry Davis, attorney for in
this matter.
2. On this date, I caused a copy of the
enclosed documents and this Proof of Service to be served upon the following:
|
1. |
Tiffany JONES 562 South Avenue Dunellen NJ 08812-1434 By Certified Mail, RRR |
3. I certify that the foregoing statements made
by me are true. I am aware that if any
of the foregoing statements are willfully false, I am subject to punishment.
_______________________
Patricia Ameigh
DATED:
NOTICE TO LITIGANTS:
IF YOU WANT TO RESPOND TO THIS MOTION YOU MUST DO SO IN WRITING.
This written response shall be by
affidavit or certification. (Affidavits
and certifications are documents filed with the court. In either document the person signing it
swears to its truth and acknowledges that they are aware that they can be
punished for not filing a true statement with the court. Affidavits are notarized and certifications
are not.) If you would also like to
submit your own separate requests in a motion to the judge you can do so by
filing a cross‑motion. Your response
and/or cross‑motion may ask for oral argument. That means you can ask to appear before the court to explain your
position. However, you must submit a
written response even if you request oral argument. Any papers you send to the court must be sent to the opposing
side, either to the attorney if the opposing party is represented by one, or to
the other party if they represent themselves.
The response and/or cross‑motion
must be submitted to the court by a certain date. All pre‑divorce motions, all enforcement motions (also
known as motions for enforcement of litigants' rights, R. 1:10‑3), or
motions that deal with the status of children must be filed 16 days before the
return date. (Since most motion days
are on a Friday, motion papers must be filed on the Wednesday 16 days before.) Therefore, a response and/or cross motion
must be filed 8 days (Thursday) before the return date. All post‑judgment motions including
all motions for modification of alimony, child support, custody or visitation
must be filed 29 days (Thursday) before the (Friday) return date. Therefore, a response and/or cross‑motion
must be filed 15 days (Thursday) before the return date. If you mail in your papers you must add
three days to the above time periods.
Response to motion papers sent to
the court are to be sent to the following address: Family Part Motions Clerk, Family Case Management Office -
Mercer, Superior Court of New Jersey, 175 South Broad Street, Trenton, NJ
08650-0068. Call the Family Division
Manager's office if you have any questions on how to file a motion, cross‑motion
or any response papers. Please note
that the Family Division Manager's office cannot give you legal advice.
The Law Office of
David Perry Davis
31 Jefferson Plaza
Princeton, NJ 08540
(732) 274‑9444
(732) 274‑2050
(fax)
Attorney for defendant
|
Tiffany
JONES, Plaintiff vs. Christopher
JONES, Defendant |
:::::::::: |
SUPERIOR
COURT OF NEW JERSEY CHANCERY
DIVISION FAMILY PART MERCER
COUNTY DOCKET
NO. FM-11-445-01B Civil Action CERTIFICATION |
Christopher
JONES, of full age, being duly sworn, hereby certifies as follows:
1. I am the defendant in the above-captioned
matter and make this certification in support of the within application. I am personally familiar with all the facts
alleged herein.
Background
2. Plaintiff and I were married in 1995 and
divorced in July of 2001. We are the
parents of one child, Samantha, who is 3 1/2. I work at Target and earn about $13.00 per
hour. Our judgment of divorce is
attached as Exhibit A.
As to mediation on parenting time
3. I can no longer afford to live in New Jersey
and my wife and I have decided to relocate to South Carolina; we are trying to
arrange it so we can move early next year.
Target has a store near where we hope to move and I am arranging a
transfer; my wife works in the travel & tourism industry and there are
plentiful jobs in the Myrtle Beach area.
4. Obviously, I do not want to lose my
relationship withSamantha as a result of the move. It is only because I'm her father that I haven't moved already. I am hopeful that, in mediation, we can work
out a parenting time schedule that gives me longer blocks of time even if it
occurs less often during the year. I
ask that we be scheduled for mediation where we can hopefully resolve this
issue outside the adversarial process.
5. In the process of attempting to get a
mortgage approval (a very nice house in South Carolina can be bought for
$45,000), I learned that plaintiff has not complied with a number of items from
our judgment. I am also asking the
court to review support in light of the term of our judgment that permits
review every year and as plaintiff is now receiving disability as the
government benefit for our child may replace or reduce my support obligation.
As to support
6. Our Judgment of Divorce permits the review
of support on an annual basis (Exhibit A).
Additionally, plaintiff is now receiving disability and a separate
benefit for our daughter, which should be taken into account and which may
replace my child support obligation. My
CIS is attached as Exhibit B.
7. I am also asking that any work-related child
care be included on the guidelines worksheet.
My paying a percentage of the obligation doesn't take the tax effect of
the day care costs into account. In
light of plaintiff's current disability, I am not sure that she is working at
all and I ask that plaintiff be required to produce documentation showing that
the day care is work related. I pick up my daughter on Fridays and return
her on Mondays on alternating weekends, plus have half the holidays (a total of
92 overnights per year).
As to crediting me for necessities
purchased for Samantha
8. Plaintiff receives $113.00 per week in child
support from me, plus a portion of work-related day care costs. Nonetheless, she sends our daughter without
appropriate clothing. For example,
every time the weather gets cold, Samantha shows up without a winter coat. Samantha came down with pneumonia after she
was inappropriately dressed and plaintiff waited to take her to the doctor
after she started showing symptoms. Her
shoes were so small that they hurt her feet; I have had to buy her last three
pairs. I receive a 10% discount at
Target and have been faced with a choice of either having our daughter go
without necessities or buying them myself.
9. Retroactively, I should be credited with
$180.00 for items I purchased that should have been covered by child support.
10. On a forward going basis, I am asking the
Court to order that Probation shall accept a receipt for clothes or like
purchases and that my probation account (CS 4215 5607A) should be credited with
the amount spent.
11. If the government benefit to our daughter as
a result of plaintiff's disability reduces my support obligation to zero, I ask
the court to enter some other equitable order addressing this situation.
As to the 2001 tax return
12. Our judgment of divorce provides that I am
entitled to take the exemption for our daughter until such time as plaintiff
earns $20,000 per year or more.
Nonetheless, when plaintiff filed her tax return in 2002, she did it before
I did through H&R Block's Rapid Refund system and took the exemption for
our daughter. She is in blatant
violation of the judgment; she should be required to amend her return so I can
do likewise and claim Samantha.
As to the Sears Card
13. Under our judgment (Exhibit A), plaintiff
was supposed to satisfy a Sears Credit Card bill and I was required to pay off
a Visa card. I have made all the
required payments on the Visa account, but plaintiff hasn't paid the Sears Card
(Exhibit C). To the contrary, she is
continuing to use the card while making no payments and having her name removed
from the account (an account she was solely responsible for). Exhibit D is the relevant page from my
credit report, showing an increasing balance and a letter from Sears sent to
plaintiff confirming that her name was removed on her explicit request. Again, plaintiff is in violation of the
judgment. Her continued use of the card
is fraudulent, and her non-payment is hurting my credit. I ask that plaintiff be compelled to resume
making payments and be ordered to immediately stop using the card.
14. In the alternative, in the event that the
disability payments do not replace my child support obligation, I am asking the
court to permit me to pay this obligation at the rate of $100 per month (?) and
to reduce my support obligation accordingly.
As to unreimbursed medical
expenses
15. The judgment requires plaintiff to cover the
first $250.00 per year in unreimbursed medical expenses for Samanatha. Instead of doing this, she lists me as the
responsible party and pays nothing. As
a result, I am being hounded by creditors (Exhibit E). I ask that the Court order her to pay the
outstanding $77.55 and to stop listing me as the responsible party. To date, plaintiff has paid only $20.00 of
the balance.
As to compelling plaintiff to pay
the medical bills
16. At the time we were divorced, there was an
outstanding medical bill of $6,648.00 relating to our daughter. I was ordered to pay $3,361.76 of this
amount, and plaintiff was to pay $3,286.24.
Although it has been a tremendous hardship to do so on my income, I have
dutifully maintained my payments (Exhibit F) but defendant has not. Had we both made the required payments and
remained on schedule, this obligation would have been satisfied earlier this
year.
17. A portion of this debt was owed to Princeton
Nassau Pediatrics, who turned it over to Berks Collections when it wasn't
paid. As a result of plaintiff's not
paying her share, a $286.24 debt shows on my
credit report - even though I paid my $383.76 share of the total bill (Exhibit
F).
18. As a result of plaintiff's nonpayment, there
is still an obligation outstanding.
Princeton Medical Center holds us both responsible for this and I cannot
simply turn the bill over to plaintiff as, again, it would destroy my credit to
do so if she didn't make the entire expected payment. As indicated, I am trying to get a mortgage approval and her
nonpayment would prevent me from doing so.
19. I am asking the court to order her to make
these payments or, again, to have me pay it but to credit my support obligation
for the $100 per month ($23.26 per week) due.
As to compelling probation to
remove its erroneous reporting
20. I am current on my child support even though
staying current and paying the day care has left me with less than $250 per
week to live on (i.e., before I pay rent, food, car insurance, gas, clothes,
car payment, etc). My probation
print-out is enclosed as Exhibit G.
Nonetheless, Probation is reporting me as delinquent, which is hurting
my credit and making it impossible for me to obtain a mortgage. I respectfully request that Probation be
ordered to immediately correct this reporting and to remove any incorrect
negative report they made.
As to counsel fees and costs
21. Plaintiff is in violation of multiple
provisions of our divorce judgment, from improperly claiming our daughter on
her taxes to fraudulently using my credit card to failing to pay several
obligations. I should not have to incur
counsel fees to come to Court to have a judgment enforced. My attorney has enclosed a certification of
services as Exhibit H; I ask that plaintiff be required to pay those costs and
fees in full.
22. I hereby certify that the foregoing
statements made by me are true. I am
aware that if any of the foregoing statements are willfully false, I am subject
to punishment.
________________________Christopher JONES DATED:
Anthony L. SMITH,
YOUR ADDRESS
YOUR PHONE #
|
Ex-wife
SMITH, Plaintiff vs. Anthony
L. SMITH, Defendant |
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SUPERIOR
COURT OF NEW JERSEY CHANCERY
DIVISION FAMILY PART MIDDLESEX
COUNTY DOCKET
NO. FM-12- Civil Action CONSENT ORDER |
This matter having been opened to
the Court on the joint application of defendant, appearing pro se, and
Plaintiff, appearing pro se, and the Court having noted the consent of the
parties, and for good cause shown;
IT IS, on this _________ day of
_________ , 2004, hereby ORDERED:
1. The minor children Hanzel SMITH (DOB 1/15/99) and Gretel SMITH
(DOB 2/30/89) being over the age of 18 and not full-time students, both
children are declared emancipated effective as of the first day of the month
following their 18th birthdays.
2. Probation shall close its account in this matter.
3. Pursuant to N.J.S.A. 2A:17-56.9 et seq., defendant's employer shall accept this order as authority
to immediately terminate the garnishment of his wages.
______________________________
, J.S.C.
I hereby consent to the
content, form and entry hereof
________________________
Anthony
Pro se
________________________
Ex wife
Pro se
YOUR NAME & ADDRESS
February 27, 2004
Family Part Intake
Middlesex County Superior Court
120 New Street
New Brunswick, NJ 08901
Re: SMITH v. SMITH
Docket
No. FM-18-948-03
Dear Judge:
Enclosed
please find an original and two copies of a consent order in the above
matter. If same meets with the Court's
approval, kindly execute same and return a copy in the enclosed stamped,
self-addressed envelope.
I
thank the Court for its consideration.
Please feel free to contact me at the above email address or telephone
number if there are any questions.
Respectfully,
Anothony
L. SMITH,
Cc:
Ex-Wife SMITH
FM-
01 Atlantic
02