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HomeMy WebLinkAbout00-01249 '):.~<:~+::.>;:.:::+::.);~:':+:C~::-~:+::.:::(::,.~;(x.x::~+~~xe<:::+:c!1~~";;;:')-::C'(':;!::.::!:;:,)3l(:::+::.::~;::{~+::.::~;::~:+::.>:Z:+::.,);::-:::+::.::!;::')::C!:J;>Z::::+:Cft~.::~,w>~,tz:~::.~X:+3JiC::+::.>:;:([::+~::("ac~ ~ I" ~.~ ~ ~.~ ~ ~ ~ ~~~~ ~ t ~~~ ~~~ ~ ~'< ~..~ . " i~ ~ ~,~ ~~i I i ~li ~ ~~~ ~ .", ~~~ * ~~~ , ~.~ I ~ ~ i~ M ~~ ~.~ ~ ~.~ ~ ~.; ~ ~ ~ ~.~ ~.~ J i< ~ i"~ ~ ~.~ ~.~ * ~.~ ~ \~ * Q ~ ~ tot >, , . I ~..-, ''''.' ....,- .....-'. '...-'. "~~",_"._,*'",,,T.,*~,,, '_'*"_' _,', ~ ~..'~ ~ ',~' ~ ~.t ~.~ ~ ~'s ~ .", i -',$ j ~.~ ".,-' ~ i" ",.", ~ ~ ~.'~ ~ ~.~ * ~'~ ~ '" ~ t ~.~ ~.~ ~ o ~ ~.f. ~ ~.; * ~.~ ~ ~{ ~ ,',', ~ a ~.~ ~-:~ ~ ~.~ ~ ~', ~.~ , ~ ~ ~.~ ~ ~ ~." ~.~ ~ ~ a t',,; Q J:"~ .'" ~ ~.~ ~ ~..~ ,~t; ~~ ::~>>::( >::+;.( ::.::.::<>::.::{:::~::.::~,:: ).>>::~:. :..,::.::~_,. ::-;::,,::';;::::0::.::...: }:+:~;' IN THE COURT OF COMMON PLEAS OF COUNTY CUMBERLAND STATE OF PENNA. KATHRYN M. BELL ...", J:':L"'.illtJJJ.."",...", n""", No. .....21400",1249 ................,.19 Versus I ,DA vm:..J:AMESnJOHNSTON. Defendant DECREE IN D I V 0 R C E ~ n: 17 c.../I1 . AND NOW, .,. .f!.'.~,.. ~.7,...", k2ll. .2QQJ, it is ordered and decreed that, .. ., , . , . , .. . .. .. i<!'?:'.HF-:Yr. !'I.'. !3.~J.., . . .. .. . .. . . .. . ", plaintiff, and, . . . . . . . . . , . , . . , . . , . . . . . P/\Jf;rp, JIIMES. JPllNS:rPN. . . . . . , . . . . . ., 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; .~ ,~~~~~~e~ . ~I?~~~~~ . ~~~'7~~<?~~ . ~~~~ ,,?~ . ~~~r:. ~':'~~':'~~7~':l~~~. ~'71. ~r:~'?7P?7~~~? "~q~q.~q~~.Q~yq~qe.~q~ee".,,..,.......,...... . ..___"___u..._"_ Prothonotary Attest: n....~. "#( x.:( )i:+:{XC('~'.>>:~;:: )>>~( :-:-::.>:.:)>>:~;:. -:..>>:~:.: :':.::.:< ....::.:.::: ....:.:~... ::'.::C.-.. '"'. .,- ~,'-- ,-. -_~. ~ c',,- ?" - 1,. F ,= _,_" " ~.~ ~ ".; ~ ~.~ ;.~ * '~ ~.!. J. ~ ~.~ ,.; ~ ~ ~.~ ~ " 1llIII' -"4l~__,,"~ '~ """,.~.,~ .. ~"( ~ "'~ 'J.,... hC- . ~ " - . . ,..... . ... .. ~ -'. ;.. .. ~~' ',1:0 J~?:JI & ~~~ ;b4~ 3-,;J6/JI 71Ftu ~~ q ~ e'- ~ F:\FILES\DATAFILE\Gendoc.cur\76982-com.lItde Created: 02l22/0007:46:20AM Revised: 03/0110004:32:06 PM 7698.2 v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- / J c.fCt ~ KATHRYNM, BELL, Plaintiff DAVID JAMES JOHNSTON, Defendant 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 at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa, 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, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .. v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2000- 1.L'/9 cw:;.e -j~ KATHRYN M. BELL, Plaintiff DAVID JAMES JOHNSTON, Defendant IN DIVORCE COMPLAINT 1. Plaintiffis Kathryn M. Bell, who currently resides at 337 York Road, Apt 2, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is David James Johnston, who currently resides at 2221 Douglas Drive, Carlisle, Cumberland County, Pennsylvania, 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 24, 1979 in Pennsylvania. 5, There have been no prior actions of divorce or for annuhnent between the parties. 6. The marriage is irretrievably broken. 7. Plaintiffhas 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, 8. Plaintiff requests the Court to enter a decree of divorce. MARTSON DEARDORFF WILLIAMS & OTTO By -r L~~ \J\)Jt .?- Thomas 1. Wi~, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: March 1, 2000 "' - "0 " VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own, I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief, To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa, C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subj ect to criminal penalties. ~~.~ Kathryn . Bell !',-, c ~ " ,-' >~ -,., ^" ~ ~R ~ a (') C) -'n " ~ -. qJ , -,~..,' ~ ~ ::':-'':; e:l ...-~ I c::r 9v- "-J C\\ c:'\ I~ ~ ~ ........ ,::,,, I~ ~ " ~, '-.), 'I l>J " -........:.J :..) " c, I --..... -....... .i ~ ~~ i IS) I ~ C" ~-~" - -~, ~ - " ~. -'"""'~...", ~PMf~~~fr_["'!~"f~~'llI ~ -;,~~,,,,.,,,",,,~~~m!~fl1!!l~ ,,~ ~- F:\FILES\DA T AFILE\Gendoc.cun76982-aos.lItde Created: 02/2210007:46:20AM Revised: ~6JOOI2:14:36PM 7698.2 KATHRYN M. BELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-1249 DAVID JAMES JOHNSTON, Defendant IN DIVORCE ATTORNEY'S ACCEPTANCE OF SERVICE I, Samuel L. Andes, Esquire, attorney for Defendant David James Johnston in the above-captioned action, hereby accept service of the Divorce Complaint in the above action on ~ Movc..i, , 2000 on his behalf and certifY that I am authorized to do so. ~~ Sam . Andes, Esqurre 'f': , ."., ~ ~ i ! " I! Ii II ii, l~ ~, , . " ~ " 1:1~"<......""""","- -, ". "OO. ~_ o ~ ~ ~~ j8 ~' g..-o :z "n ~ ~.... :::0 ffi:o U"I :g,,~ OSf1 ~.,5.,,' ~~ 00 ~' . ;,./ ,,,~;f> ;j ~ '11... , .1... -0 :r; '" .. MAR J Ci ?!)n~ -- 'J &':'u:YU .~, If. C' "-. "4"" ,"_'I ?I;i_~~~~M"'-'~"''Wl!;\\'l!>7l!1 ~ ~!i!I!I!llI~~ ,,_n!lllll'1 ",,!M~ F:\FILES\DATAfILE\Gendoc.cur\769S2-pet.l/tde Created: 02122100 07:46:20 AM Revised: 03127/00 02:07:35 PM 7698.2 KATHRYNM, BELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-1249 DAVID JAMES JOHNSTON, Defendant IN DIVORCE PLAINTIFF'S PETITION TO RAISE ECONOMIC CLAIMS AND NOW, comes the Plaintiff, Kathryn M. Bell, by and through her attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and files the following Petition as follows: . CLAIM FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 1, Plaintiff and Defendant are the joint owners as tenants by the entireties of certain real estate which is subject to equitable distribution by this Court. 2, Plaintiff and Defendant are the owners of various items of personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this Court, 3, Plaintiff and Defendant are the owners of various motor vehicles and bank accounts acquired during their marriage which are subject to equitable distribution by this Court, WHEREFORE, Plaintiff requests Your Honorable Court to enter an Order distributing all of the aforementioned property, real and personal, as the Court may deem equitable and just CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 4, Plaintiff requests your Honorable Court to allow alimony as it deems reasonable pursuant to Section 3701 of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff requests Your Honorable Court to enter an Order allowing alimony as it deems reasonable pursuant to Section 3701 of the Pennsylvania Divorce Code. MARTSON DEARDORFF WILLIAMS & OTTO By ".L~:JL- :~. - Thomas 1. W.' s, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: March 27,2000 ,.~. "" ~- VERIFICATION I, Thomas J. Williams Esquire, counsel for Plaintiff depose and say, subject to the penalties of 18 Pa. C.S.A. Section 4904, that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge; that my client is presently unavailable; that I am authorized to execute this Verification on her behalf. 'fL..,,~ WJL.:.- Thomas J. Willi , EsqUIre Date: March 27,2000 ,- " . ~--- CERTIFICATE OF SERVICE I, Tricia D, Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire ANDES, VAUGHN & BANGS 525 North Twelfth Street P,O. Box 168 Lemoyne, P A 17043 MARTSON DEARDORFF WILLIAMS & OTTO cYkc~ to. (J~ Tricia D. Eckenroad "- Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: March 27,2000 -,,' 7"" 1-' , . "l v ~ i I I I I',", -~> , , ~~ d) & 9J ", -+- ~ ().> VI fft ~ "3 "B- 1 o c u~j fllrTl Zf12 Z"', (f).~, -<.....-~, r::c ~o ::;:;0 Pc ~ ~~ a o :x ~ N , -. ~ --1 ::';~-n ',";"lr -:::;,'11 "00 "0', I ~2~ t~;2 C) om -o;:;! 5:J --< -0 -1\'" ~. so? w (T\ " !'ftl __, .''''.~" "''''''''''''''F.'''' ...J*'~'l "",~~mffi~~ m!lI!I~I~~ " IfJ!l!Il ~ r_. . ,~~,,.,, KATHRYN M. BELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2000-1249 DAVID JAMES JOHNSTON, Defendant IN DIVORCE AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYL VANIA ) : SS. COUNTY OF CUMBERLAND ) L A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on or about March 6, 2000. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service ofthe Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree, 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 ofl8 Pa. C, S., Section 4904 relating to unsworn falsification to authorities. Date: 9 - 6" - .:2.0e>o ~ /?J. /&LL Kathryn M. ell, Plamtiff Notarial Seal . Tricla D. Eckenroad, Notary Public Carlisle 8oro, Cumberland Ccunty My Commission Expires Oct. 23, 2000 w. =F oo ~-'~ . ,. -"-"~~., '" ~M , e.. <) Cl 0 C c::> Z" -'r). ""05] C) ~ mrj"" c-) 2:0 -l p= ZC I :';~-;8 ~2: c.J _0'" ) ~C -V .:~:() ~r' ,.._" .GO :3i: '-';jls Pc G.} csrn ~ :.n s;' ::0 -< ,"'<'" ~.- ~~ - .~-,- _~,'_ "~_".' ....... _,w";l~~~!"fWj'I-'~fi:l'Wl\j!iil1!,'![ Jfll!lJln ~_ ."B!IJ~_ ""r""""'!IIlI!!l!I!! F:\FILES\DA T AFILE\ckndoc.cur\ 7698;!-con.lltde Created: 02/2210007:46:20AM Revised: 09/01100 12:00:31 PM 7698.2 KATHRYN M, BELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2000-1249 DAVID JAMES JOHNSTON, Defendant IN DIVORCE AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) 1. A Complaint in divorce under Section 3301(c) ofthe Divorce Code was filed on or about March 6, 2000. 2. The marriage of Plaint iff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ofa final decree of divorce after service of notice of intention to request entry of the decree, I verify that the statements made in this affidavit are tnIe and correct. I understand that false statements herein are made subject to the penalties of1811~ C. S., Section 4904 relating to unsworn f".fi"tiooto_ti~. ( I Date: 5" 5 t? 0 CJ Sworn to and subscribed before me this :<fI, -!:J gay 0 , , Notarial Seal ~'C:~ ID, Eckenroad, Notary Public ar IS e Boro, Cumberland County My Commission Expires Oct 23, 2000 '~'!1_ q, ~ 'H_' '-. ^.-, ~ ~ , ,~ ~"f'-"W o o o c> '.-\ I (..,.j o ~ < -08 rnrT"; 2-~' Z(~'. ~~~\ (2c 2?C) ~o YC :z ~ n ::::f'1 .-~ -:: -r" .~~ . L-)\:;J ~-~\;:_~i -<1 :::J;: -;:;~ ~~2 5" -<.\. '):' ':Q -<.. {..,) .' ~..n ,-.- ..,.,..', " ._~,," . _~-I!)i!l"'f~~(*~~~___... In~mJ~."~~ I~""_'~_~ KATHRYN M. BELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-1249 DAVID JAMES JOHNSTON, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &330HC) OF THE DIVORCE CODE 1. I consent to the entry of a fmal decree of divorce without notice. 2. I understand that! may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verifY that the statements made in this Affidavit are true and correct. I understand that false statements her~in are made subject to the penalties of 18 Pa. C.S. g4904 relating to unsworn falsification to authorities. / Date: q/> -l..DDcl ~ ::?t. &d- Kathryn M. Bell, Plaintiff co . "'"'-;-" ~ I ii il ! ~ ~.,,,,- ~" . ,-~ '111, '_, _r,~, .. " ._~-, .- "'" -~,_. '/'-"'jf".-."",;';:'" -,=d, ,,'.r,_ ~,;,; "-'"-'-'''-'~;b.,~~'Hrrl''''''i-'- "i'~: o c ;? ~ -UU] Illf'-n Z:!"J 2;1;:;: ~:2_~ r:;:O j> ZC s>~ Z =< o o <::) " --l C) " ,. C_: ~ c..) 'r .. ~;) "''''i ':-:-:;(":"'5 (:5i - :J> ~ .~\"J :s: Y? 0"1 r'-' "",;~~IiI,!"!ll!mHJ"'1!l!ll'IW~~;~"I'WJOJ/!I~"'Ii!'fIll~~!!Sfll~~M!lliIl'Ifl'I!_~l!q KATHRYN M. BELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-1249 DAVID JAMES JOHNSTON, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &330HC) OF THE DIVORCE CODE 1, I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me inunediately after it is filed with the Prothonotary. 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. g4904 relating to unsworn falsification to authorities. Date: ~ 5?P 00 - ~ - H ,-.- ~ ..", . - ,T-, <" ,. ,.c".'"' ~. ~~""." um ",",.,",,,~,~,,...,",,... '"'' 0 C) ~i~ c ~, ? ~, uFi~ => :..:;:i [nfl--i CJ Z::c -l :;':::L~' I :-1 co..,-t;. G.::> ~ ~ --;'-' ~, r-~ ~C::; -, ~-) )> -, u - .~: ,,~.; Z( ) ~ :-;.~'Fj 5> C) c w C3r~1 ~ U1 ""' :'0 N -< - .~. -, _!lIII\l ~ - , "" ~": ~-" -," '" ~.,,~,".M'_:1fI~~~~t;j!'!\Wi~~~~~~r._~o~tJiillllllll!Jll!ft ,- F:\FILES\DATAFILE\Gendoc.cur\76982-pet.2 Created: 1112110Q02:49:47PM, Revised: 11121100 02:49:47 PM KATHRYN M. BELL, PlaintifflPetitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, NO. 2000-1249 DAVID JAMES JOHNSTON, DefendantlRespondent IN DIVORCE RULE TO SHOW CAUSE AND NOW, this ,,;;t- dayof ~ ,2000, in consideration of the foregoing Petition to Enforce Martial Settlement Agreement, a Rule is hereby issued upon Respondent to show cause, if any there be, why the relief prayed for should not be granted, Rule returnable 15 days after service, _~J: 0 I t.crp-'~f> 1T~ 11- tJ-OO 'RX5 ., - ". _-".....-.....,_'., '-'_"_'''_'W~''__'''''''''_.' "..~, k,D.,~,LL,nl[J [lUlU! ~111!l]L- ,. r"~=",-'-,,,",,"-,T'-",__-" .""',~-",,,"'-,'C_____'__""'" .'~.,~ ,. _ > "~- ~ ~" '- FILED-OffiCE OF' r"~: ,t~')011';fO' ',lhTADV ,'I.., ,1-.,,- , ,IfJ l/'Vl I 00 OEe ~ I AM 8: 11 ClIMB€, HRI.ANI.ANCD COUNTY , PeNNSYLVANlA, , .._- , ",., "- c.,'--,,-~_ ~^'; F:\FlLES\DATAFILE\Gendoc.cur\76982-pet2/tde Created: 02/22100 07:46:20 AM Revised: 11121100 02:47:34 PM 7698.2 . KATHRYNM, BELL, Plaintiffi'Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 2000-1249 DAVID JAMES JOHNSTON, Defendant/Respondent IN DIVORCE PLAINTIFF'S PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT AND FOR DAMAGES AND NOW, comes the Petitioner, Kathryn M. Bell, by and through her attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and brings this Petition to Enforce Marital Settlement Agreement and for Damages pursuant to g31 05(a) and g3502 (e) of the Divorce Code of 1980 as amended, 23 Pa. C.s.A. g3105 (a) and g3502 (e) for the following reasons: 1, Petitioner is Kathryn M. Bell who is the Plaintiff in this divorce action between the parties, 2, Respondent is David J. Johnston who is the Defendant in this divorce action between the parties, 3. On September 5, 2000, Petitioner and Respondent entered into a comprehensive Marital Settlement Agreement which, by its terms, determines the equitable distribution of marital property, inter alia, A true and correct copy of the Marital Settlement Agreement (hereinafter "MSA") is attached hereto and marked as Exhibit "A." 4. Paragraph 7 of the MSA provided that Petitioner was to receive 10,291 shares of a Fidelity Destiny-One Mutual Fund No, 7079143153-2 which was held jointly, and further provided that "Husband shall execute the documents necessary to transfer same." 5. On September 27,2000, counsel for Petitioner wrote to the agent for Fidelity Destiny- One with a copy of the MSA attached, detailing the division set forth therein, A copy of this was provided to the attorney for Respondent. A copy of this is attached hereto and marked as Exhibit "B." 6, Shortly thereafter, paperwork from Fidelity Destiny-One was hand delivered to Respondent for signature; however, Respondent failed and refused, and continues to fail and refuse to sign the papers necessary to effect the division contemplated by the MSA as per the instructions of the Fidelity Destiny-One agent. :"-~, - . ~..' 7, On October 10, 2000, counsel for Petitioner faxed to counsel for Respondent, indicating that Respondent was not completing the paperwork necessary for the division of the Fidelity Destiny-One account required by the MSA. A copy of this is attached hereto and marked as Exhibit "C." 8, In response, counsel for Respondent indicated he would be on vacation until October 25, 2000 and would speak to his client when he got back. A copy of this is attached hereto and marked as Exhibit "D," 9. On November 13, 2000, counsel for Petition again contacted counsel for Respondent requesting that Respondent complete the paperwork necessary to divide the Fidelity Destiny-One account as required by the MSA. A copy of this is attached hereto and marked as Exhibit "E." 1 O. As of the date hereof, Respondent has failed and/or refused to sign the necessary paperwork, has given no indication as to when he might do so, and has given no reason why he would not do so, 11. Paragraph 9 of the MSA, Exhibit "A" hereto, authorizes the Court to order specific performance and states "The defaulting party shall pay the reasonable legal fees for any services rendered by pension (sic) the non-defaulting party's attorney in any action or proceeding to compel the defaulting party's due performance hereunder as well as costs for bringing the action or proceeding, " 12. A Marital Settlement Agreement may be enforced by the Court under g3105(a) and g3502 (e) of the Divorce Code of 1980 as amended, 23 Pa, C.SA g3105 (a) and g3502 (e), 13. In the interim between when Respondent was first presented with the transfer paperwork for signature and the present, the value of the shares of the Fidelity Destiny-One account has fallen substantially. WHEREFORE, Petitioner prays Your Honorable Court to: 1, Order and direct Respondent to execute the necessary paperwork to transfer the appropriate portion of the parties' jointly held Fidelity Destiny-One Mutual account as required by the Marital Settlement Agreement dated September 5, 2000; 2, Reimburse Petitioner for the difference between the value of a share of the Fidelity Destiny-One Mutual Fund No. 7079143153-2 on or about September ",'^f -,. '". -,. < , . ."' ~" 5, 2000 and the value of same when the shares are finally transferred to Petitioner times 10,291. 3. Reimburse Petitioner for all costs and expenses, including attorney's fees, necessary to secure enforcement of the provision of the said Marital Settlement Agreement Dated: November 21,2000 Respectfully submitted, MARTS ON DEARDORFF WILLIAMS & OTTO By ~ L~ ftJJ __ Thomas J, Wi i s, Esquire Ten East HigH reet Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiff ,".,,' ~ . ~ . '. '. I ~ II ~ i Ii I L_, VERIFICATION I, Thomas 1. Williams Esquire, counsel for PlaintifVPetitioner depose and say, subject to the penalties of 18 Pa. C,S.A. Section 4904, that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge; that my client is presently unavailable; that I am authorized to execute this Verification on her behalf, ~L ~ 1,-, .fl- L ......... vv~# JrL Thomas 1. Wi 'ams, EsqUIre Date: November21,2000 "', ,,-,""<- ,~ f: \FILES\DA TAFILE\Gendoc.cur\7698-agr.l.tde Created: 07/2610003:J9:18PM Revised: 09f05/0010:1J:~IAM 7698.2 MARITAL~TTLEMENT AGREEMENT This Agreement, made this day of ~ ' 2000, by and between KATHRYN M. BELL, 143 West Louther Street, Carlisle, Cumberland County, Pennsylvania, (hereinafter referred to as "Wife") and DAVID J. JOHNSTON, 2221 Douglas Drive, Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Husband"). WHEREAS, the parties hereto are Husband and Wife, having been married on August 24, 1979 in Pennsylvania; and WHEREAS, difficulties have arisen between the parties as a result of which they now desire to live separate and apart and by this Agreement, to settle all financial and property rights between them; and WHEREAS, the parties intend this Agreement to be a complete settlement of all outstanding issues between them and to settle and resolve completely all issues which were raised, or which could have been raised, in the divorce action filed to No. 2000-1249 in the Court Qf Common Pleas of Cumberland County, Pennsylvania; and WHEREAS, the purpose and intent as of this Agreement is to award Wife sixty (60%) percent of the value of the marital property of the parties as of the date ofthis Agreement, as that term is defined in the Pennsylvania Divorce Code and laws decided thereunder; and. WHEREAS, this Agreement is being made in the settlement and finalization of a divorce action filed with the Court of Common Pleas of Cumberland County at Docket No, 2000-1249; and WHEREAS, Husband and Wife declare that each has had full and fair opportunity to obtain independent legal advice of counsel of their selection, and that before signing this Agreement, each has either been fully advised by counsel of their rights and obligations under the law and this Agreement, or else have waived their right to legal advice. Each party hereby confirms that he or she has read carefully and fully understands the terms, conditions and provisions ofthis Agreement and believes same to be fair, just, adequate and reasonable under the existing facts and circumstances, The parties further declare that each is executing the Agreement freely and voluntarily, and not as a result of any fraud, coercion, duress, undue influence or collusion; and WHEREAS, Husband and Wife respectively acknowledge that before signing this Agreement they have been fully advised by their respective counsel of their rights and obligations, have read EXHIBIT "A" :.c:: -. ~. ~" carefully and understand the terms ofthis Agreement, and have freely consented to this Agreement; and WHEREAS, Husband and Wife are satisfied that they understand the value and extent of all property which would be considered "marital property" under the Pennsylvania Divorce Reform Act, whether titled or owned separately or jointly as well as the value and extent of nonmarital property held or expected to be held by each other. NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth herein and intending to be legally bound hereby, the parties hereto do hereby agree as follows: 1. SEPARATION: Husband and Wife shall be free from constraint or control by the other as fully as ifhe or she were unmarried, Neither shall disturb, trouble and interfere in any way with the other or with any p.erson for associating with the other. 2, RELEASE: Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted or suffered to be done by said other party prior to and including the: date hereof; further, the parties acknowledge that all rights under the PeunsylvaniaDivorce Code that are not specifically incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any causes of action in absolute divorce which either party may have against the other. 3, DIVORCE: Both parties agree to finalize a no-fault divorce under Section 330 1 (c) of the Pennsylvania Divorce Code and, in connection therewith, to execute and acknowledge whatever consents or other documents that are necessary to accomplish this forthwith or as soon hereafter as permitted by i :--;.~ ~ e ~- ii Ii ~ I I I I I f 11 ii " II ~ Ii [i I' ,I Ii r Ii Ii,'. ~ I", applicable law, The terms ofthis Agreement shall be incorporated but not merged into any Divorce Decree which may be entered with respect to the parties, and the court shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions hereof. 4. DEBTS: Husband shall assume, be solely responsible for, and indemnity, defend and save Wife harmless from, the mortgage to GMAC and the auto loan to Member's 1st Federal Credit Union. There are no other marital debts; however, neither party shall be responsible for debts solely in the name of the other party, Both parties agree that, in the future, neither shall cause or permit to be charged to or against the other any purchase or purchases which either ofthem may hereafter make and shall not hereafter create any engagements, debts or obligations in the name of or against each other. Except as specifically provided herein, each agrees to hold the other free and harmless from any and all debts and other obligations which he or she may have incurred since the date of the separation and agrees to indemnifY and defend the other party from any claim regarding same, 5, TANGffiLE PERSONAL PROPERTY: A AUTOMOBILES: Wife shall receive sole title of the 1993 Toyota Corolla Sedan. Husband shall complete the paperwork necessary to transfer title to Wife concurrently with the signing of this Agreement as there is no lien or debt on this vehicle. Husband shall keep in his possession the 1997 Honda Accord titled solely in his name, and will indemnity and hold Wife harmless from any claim with respect thereto B. HOUSEHOLD CONTENTS: Except as described on Schedule A, the parties have heretofore divided the household contents which they owned either together or separately and such division and apportionment is hereby confirmed. The property described on Schedule A is located in the marital residence and will be transferred to Wife, ,.. (' 6. MARITAL RESIDENCE: Concurrent with the execution of this Agreement, Wife will execute a deed transferring all of her right, title and interest of the marital residence located at 2221 Douglas Drive, Carlisle, Cumberland County, Pennsylvania to Husband. 7, INVESTMENTS: Concurrent with the execution of this Agreement, Wife shall receive the following, and Husband shall execute the documents necessary to transfer same: Account Amount Joint Fidelity Destiny-One Mutual Fund, No.7079143152-3 Husband's Charles Schwab IRA, No. HG4811-3999 Husband's Members 1st IRA, No. 34640 10,291 shares $60,788.88' $31,948.86, The IRAs are qualified'under ERISA and their transfer shall occur pursuant to a Qualified Domestic Relations Order to be prepared by Wife's attorney. Wife will retain sole ownership over all assets currently in her name, Husband is presently the owner of the following and will retain sole ownership: 401(K)/Profit Sharing and Pension Plan with OptiMetrics Berkshire Life Insurance Policy Harsco Stock Any balance in Charles Schwab and Members 1 st IRAs Bank accounts owned by the parties jointly have previously been divided and are not covered by this Agreement. 8. OTHER TITLED PROPERTY: Except as otherwise provided herein, all titled property shall remain in the sole ownership of the party holding title and any claim or interest of the other party is expressly hereby waived. 9. ENFORCEMENT: If either party defaults in the due performance of any ofthe terms, conditions and covenants of this Agreement on his or her part to be performed, the non-defaulting party shall have the right to bring an action for specific performance or damages for the breach of this Agreement, and the defaulting party shall pay the reasonable legal fees for any services rendered by pension the non- "" ,~ defaulting party's attorney in any action or proceeding to compel the defaulting party's due performance hereunder as well as costs for bringing the action or proceeding. If either party challenges the validity of this Agreement and the challenge is not successful, the challenging party shall similarly reimburse the defending party for all expenses and losses incurred in the defense. 10. ALIMONY AND SUPPORT: Except as otherwise provided herein, both parties hereby waive, release and give up any rights which either may have against the other to receive spousal support, alimony, alimony pendente lite, or expenses. From the execution date of this Agreement, it shall be the sole responsibility of each party to sustain himself or herself without seeking any economic support from the other. . 11, EXECUTION OF DOCUMENTS: The parties agree to execute all documents that are reasonably necessary to effectuate the purpose of this Agreement. In ,the event that either party shall refuse or fail,to execute and/or acknowledge any such document, then the other party shall have, and is hereby granted, the right and power to appoint one or more times any person or persons of his or her choosing as attorney"in- fact for the other party to so execute and acknowledge such documents. 12. CONTRACT INTERPRETATION: 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. 13. AFTER-ACQUIRED PROPERTY: Each ofthe parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which is or has been acquired by him or her after the date of separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. :>,(j 14. INCOME TAX RETURNS: Upon the execution of this Agreement, Husband shall receive possession of all original income tax returns and related papers, and shall maintain same for a reasonable time and properly preserve same. 15. MISCELLANEOUS: A. This Agreement constitutes the entire agreement between the parties, being the final and complete settlement of all matters between them and supersedes any prior written or oral agreements between them respecting the within subject matter. There are no representations, agreements, arrangements or understandings, oral or written, between and among the parties hereto relating to the subject matter of this Agreement which are notfully expressed herein, B. This Agreement may not be amended, modified, altered orrevoked except in writing executed by both the parties hereto. C. This Agreement may not be assigned by either party without the prior written consent of the other party. D. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original for all purposes, and all of which together shall constitute one and the same instrument. E. This Agreement shall be binding upon the parties hereto, their heirs, executors, administrators and assigns. F. This Agreement shall be interpreted under the laws of the Commonwealth of Pennsylvania in effect as of the execution date of this Agreement. G. Jurisdiction over the parties with regard to any matter covered by this Agreement shall be in Cumberland County, Pennsylvania. Any reference herein to a court shall be deemed a reference to the Court of Common Pleas of Cumberland County, Pennsylvania. H. The failure to strictly enforce any part of this Agreement shall not be deemed a waiver thereof, and a waiver of any part ofthis Agreement shall not be deemed a waiver of any other part of this Agreement. 1. All payments or communications pertaining to matters provided for in this Agreement may be made or given if delivered or mailed to a party, at such address as either party shall designate to the other in writing from time to time, or, ifno such designation is made, then to the address as set forth above, with a copy sent to the attorneys named below. hI" " J. Titles are for convenience and ease of reference only and are not to be considered part of the Agreement for purposes of interpretation. K. The term of this Agreement shall continue indefinitely from the effective date hereof and shall, to the extent possible, survive any future reconciliation of the parties unless they specifically provide otherwise in writing, IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written, intending to be legally bound hereby. i'''''N.~ ,-- COMMONWEALTH OF PENNSYLVANIA ) ): ss, COUNTY OF CUMBERLAND ) On this, the 5..,j~ay of ~kl" 2000, before me, the undersigned officer, personally appeared Kathryn M. Bell, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~Q, ~EAL) , Norarial Seal TI"IcI!' 0, Eckenroad. Notary Public CarlIsle Boro. Cumberlana County My Co~m.lsslc:n Exp:~ef. '""f?t ~'~. ?rlOO '-"'.0- . _".,,_~_.~ .. COMMONWEALTH OF PENNSYLVANIA ) ): ss. COUNTY OF CUMBERLAND ) On this, thes+-h day or&p/utl~ 2000, before me, the undersigned officer, personally appeared David J. Johnston, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NotaIfal Seal Trlcla O. Eckenroad. Notary Public ,. C!1rllsle Bo.o. CUmberland, County MY vommisslon Expires Oct '21...2000 .- .----..-.-.----.- Cf'lII _ _ ~,~ " " SCHEDULE A 1. Wife's clothing; 2. Wife's personal items; 3. Stickley lamp; 4, Stickley bookcase and contents; and 5, Cherry chest of drawers "'~ ^ ,- MDW&:6 INFORMATION' ADVICE' ADvocACY ATTORNEYS & COUNSELLORS Ar LAW TELEPHONE (717) 243-3341 FACSIMILE (717) 243-1850 INTERNET www.mdwo.com Wll.LIAM F: MARTSON JOHN B. FOWLER III EDWARDL. SCHORPP DANIEL K. DEARDORFF TH:IvIclWJU:JAMS* Ivo V, Orro III GEORGEB. FAU.ER JR' CARLC. RISCH BENJAMINT, WARNER MARKA. DENLINGER TEN EAsr HIGH STREET CARLISLE, PENNSYLVANIA 17013 *BOARD CERTIFIED CIVIL TRIAL SPECIALIST FACSIMILE TRANSMISSION TO : BlaKe Winters FAX: 249-3006 CC: Samuel Andes FAX: 761-1435 FROM: Thomas Williams FAX: 717-243-1850 DATE: September 27,2000 PAGES: 10 (including this sheet) RE: FIDELITY DESTINY I ACCT # 7079143152 Enclosed is the Marital Separation Agreement between Kathryn M. Bell and David J. Johnston in which this account is divided. As you will see in paragraph 7 , of the agreement, of the 12,629.223 total shares, Kathryn is to receive 10,291 shares and David is to receive the remaining 2,338.223. I understand you will create separate accounts for each. Kathryn wants her capital gain and dividend distribution in cash with 28% being withheld. I'm forwarding a copy of this to the attorney for David who may certainly provide any instructions as regards David's distribution. Thanks for you assistance. EXHIBIT "B" ',-. ~ ~ M1SW~6 INFORMATION. ADVICE. ADVOCAC'i ArrORNEYS & COUNSELLORS Ar LAW TELEPHONE FACSIMILE INTERNET (717) 243-3341 (717) 243-1850 www.mdwo.com WILLIAMF, MARTSON JOHNRFOWLERill EDWARDL. SCHORPP DANIEL K. DEARDORFF TIJ:l\OO.J-W1ll1AMS* Ivo V. Orroill GEORGEB. FALLER JR' CARLC. RISCH BENJAMINT. WARNER MARKA. DENLINGER TEN EASr HJGH SrREEr CARLISLE, PENNSYLVANIA 17013 *BOARD CERTIFIED CML TRIAL SPECIALIST FACSIMILE TRANSMISSION TO : Sam Andes FAX: 761-1435 FROM: Thomas Williams FAX: 717-243-1850 DATE: October 10, 2000 PAGES: 1 (including this sheet) RE: Bell v Johnston Fidelity sent David the paperwork to divide the Destiny I account but he has not returned it. Kathy has already filled her's out and sent it in. Could you hurry him along? Any questions call Gerald (Gerry) Saari (pronounced: sorry) 866-287-9202 who is the Fidelity District Agent for this area and who is handling this area in the absence of a local agent. He has a copy ofthe MSA but needs David's paperwork to implement it. TIllS MESSAGE IS INTENDED ONLYFOR TIlE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT ISADDRESSED, AND MAYCONTAIN INFORMATIONTHATIS PRIVILEGED, CONFIDENTIALAND EXEMPTFROM DISCLOSURE UNDERAPPllCABLELAW. IFTIlEREADER OFTHISMESSAGEISNOTTHEINTENDEDRECIPIENT, OR TIlEEMPLOYEEORAGENTRESPONSIBLEFORDEUVERINGTIlEMESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED TIlAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR. PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE (COLLECT), AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S, POSTAL SERVICE (WE WILL REIMBURSE POSTAGE), TIlANK you. EXHIBIT "e" "-J- ~~ SAMUEL LANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE,PENNSYLVANIA 17043 TELEPHONE (717) 761-5361 1 6 October 2000 FAX (7.17) 761-1435 Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013 RE: Bell vs. Johnston Dear Tom: I forwarded your fax along to David Johnston. I will, however, be out of my office on vacation until 25 October 2000 so there is not much I can do to follow-up on it until I return. When I get back I will speak to him and, if the matter has not been resolved, will work on it then. Thank you for your trouble. !!: , ,( Sincerely, 5~L.~t;. 1 Samuel L. Andes f !i ~ ! , 1 ii. Ie cc: Mr. David Johnston ii: t 1- EXHIBIT "n" ~j, i, '~ ,.. , , MDW&:6 INFORMATION. ADVICE. ADvocAcY ATTORNEYS & COUNSELLORS Ar LAW TELEPHONE (717)243-3341 FACSIMILE (717)243-1850 INTERNET www.mdwo.com WILLIAM F. MARTSON JOHN B. FOWLER ill EDWARDL, SCHORPP DANIEL K. DEARDORFF TRMASJWIlliAMl* Ivo V. OTTO III GEORGEB. FALLER JR' CARL C, RIsCH BENJAMINT, WARNER MARK A. DENLINGER TEN EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 *BOARD CERTIFIED CIVIL TRIAL SPECIALIST FACSIMILE TRANSMISSION TO : Samuel Andes FAX: 761-1435 FROM: Thomas Williams FAX: 717-243-1850 DATE: November 13, 2000 (including this sheet) PAGES: 1 RE: Johnston v Bell I written to you previously about the Fidelity fund distribution as per the MSA. David has the papers, but is dragginghisfeetin signing them. You promised to talk to him about it, but I haven't heard. This is a loose end that needs to be cleared up. I don't know what he's hoping to gain by being recalcitrant. To bring you up-to-date I've copied below a message Kathy received from the Fidelity rep in response to her inquiry: Dear Kathy, Thanks for your call. Your file will be transferred to me in Aberdeen, MD and Dave will be serviced by Luis Muniz in Carlisle. [ will encourage Luis to contact Dave to determine his intentions. We expect distributions on the account to amount to about $3. 75 per share or approximately $47,358. These distributions are taxable. [fthe account is to be ultimately split, [ would suggest that it be done now (prior to the distributions in December) so that you can each share in the tax burden and also have control over your portion of the account. [also checked and was told that you do not have telephone withdrawal privileges on your account. Therefore neither Dave nor you could withdraw money without the other's signature. That means no ability to withdraw money to pay taxes on the distributuions, if needed without joint concurrence. Maybe we can get resolution simply on the need to address this tax burden. Sincerely, Gerry Saari EXHIBIT "E" " f CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire ANDES, VAUGHN & BANGS 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 MARTSON DEARDORFF WILLIAMS & OTTO By Tricia D, Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 21, 2000 I; '" - , ~-- , ,- , " . ~ , .. ~_ . n_"'~ .,~, "'~__ ',~ "_~ <' -:---) " 0 , c " , ~, -,", ~ n~J :2 /- U) 1''''':' ,- -zt. --.,' ~~ .,,.-.. ,,' .j> ':-~~ -rj z ;.;"!. , , j> , !',J , ,1 " ~~ , :=0 ;:.7~1 .< o. -< , ~,,~ ~,'""'" ~< ~'''''''' ,~"~ _,,""_~l!W-'I!~'-1Il"\~""m,w~'#,,~j;\'''],''jlf'e1rnrnl!I!II'i~i1!IlImi!"I!IflI!~~OO!!I~!!l!I!~~ I! k;j',\' KATHRYN M. BELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2000-1249 DAVID JAMES JOHNSTON, Defendant IN DIVORCE NOTICE TO PLAINTIFF NAMED HEREIN: YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. BY~ Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 II KATHRYN M. BELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2000-1249 DAVID JAMES JOHNSTON, Defendant IN DIVORCE ANSWER TO PETITION TO ENFORCE AND FOR DAMAGES AND NOW comes the above-named Defendant, by his attorney Samuel L. Andes, who I makes the following answer to Plaintiff's Petition: I 1. Admitted. I I ,I 2. Admitted. 3. 4. Admitted. Admitted. By way of further answer, Defendant incorporates herein the averments set out in his New Matter. I 5. Admitted. :i 6. Defendant admits that he has not signed and delivered the paperwork requested by Plaintiff and her representatives but states that he has not done so because Plaintiff herself has breached the parties' agreement and failed to perform her obligations thereunder. The averments set out in Defendant's New Matter are incorporated herein. 7. Admitted. 8. Admitted. 9. Admitted. 10. Defendant admits that he has not signed and delivered the paperwork requested by Plaintiff, because Plaintiff herself has not performed her obligations under the agreement and has, by doing so, breached the agreement. Defendant incorporates herein by reference the averment set out in his New Matter. (,., - II 11. Admitted. By way of further answer, Defendant states that Plaintiff has breached the agreement between the parties and is obligated to pay his attorneys fees in this matter. 12. Admitted. 13. Defendant admits that the value of the shares in the account have changed, but denies Plaintiff's characterization of that. By way of further answer, Defendant states that any loss Plaintiff has incurred as a result of the parties' failure to complete their obligations under the contract was caused by Plaintiff's own breach of the contract and that Plaintiff, alone, should be responsible for any loss resulting from that. WHEREFORE, Defendant prays this court to dismiss Plaintiff's Petition until such time as Plaintiff herself performs her obligations under the agreement. NEW MAHER In addition to the foregoing, Defendant hereby sets out the following New Matter: 14. Plaintiff has breached the agreement between the parties by failing to complete the following transactions or taking the following actions: A. Plaintiff has failed to return to Defendant all of the tax returns and related tax documents as she is required to do under the agreement. B. Plaintiff has failed to present to Defendant a Qualified Domestic Relations Order in the proper form to complete the transfer of retirement assets. C. Plaintiff has failed to execute, acknowledge, and deliver the Deed necessary to transfer the marital residence to Defendant. D. Plaintiff has disturbed Defendant and has disturbed, troubled, and interfered with other persons associating with Defendant. E. Plaintiff has failed to complete and file the documents necessary to conclude the divorce between the parties. "\" II F. Plaintiff has come to the former residence and entered it without Defendant's knowledge or permission and removed from the residence items of personal property which belong to Defendant. All of these actions by Plaintiff, constitute violations of the parties' agreement. 15. Defendant, dir€ctly or through his attorney, has repeatedly requested Plaintiff, through her attorney, to perform her obligations under the terms of the parties agreement. On at least three separate occasions Defendant's attorney has reminded Plaintiff's attorney of those obligations and duties and of Plaintiff's failure to perform them. 16. Defendant, through his attorney, has advised Plaintiff, through her attorney, that he will not complete and file the paperwork necess.ary to transfer the investment account until he has some reasonable assurance that Plaintiff herself will comply with the agreement and perform her obligations under it. To date, Defendant has received no such assurance from Plaintiff or her attorney. 17. Except for the transfer of the investment account, Defendant has performed his obligations under the agreement. Among other things, Defendant has transferred title of an automobile to Plaintiff, has returned to her, her clothing, furniture, and other tangible property, and has cooperated for the entry of a Qualified Domestic Relations Order. 18. The agreement of the parties specifically divides the investment account by shares, rather than by cash value, so that each of the parties will share in the future increase or decrease of the dollar value of that account. As a result, the delay in the transfer of that aCcount, which has been caused by Plaintiff's breach of the agreement, does not cause Plaintiff any more injury than it causes Defendant. 19. In late October of 2000, Plaintiff, in violation of Defendant's rights under the agreement, entered Defendant's home, without Defendant's knowledge or consent, and removed various items of personal property from the house which belonged to Defendant and to which Plaintiff has no right. Defendant believes that the reas.onable value of the items which Plaintiff removed from the house in this fashion exceeds $10,000.00 and !:,,_ ". r,..,.-",_,_".'_'<~~"_"~ "'.__L'___ _.~ , ',"'_" .~ ,", ~'1 _,___~ '~jIU, ',". "'" JI Defendant demands damages from Plaintiff in an amount in excess of $10,000.00 to compensate him for the lost of these items. 20. Because of Plaintiff's breach of the agreement, Defendant has incurred, and will continue to incur, legal fees and other expenses to enforce his rights and will suffer other financial damages as a result of the Plaintiff's breach of the agreement. WHEREFORE, Defendant prays this court to deny and dismiss Plaintiff's Petition or, in the alternative, to order and direct as follows: A. Direct Plaintiff to fully comply with the terms of the parties agreement and perform all of her obligations thereunder within ten (10) days of the date of the court's order; and B. Direct Plaintiff to return to Defendant's home all of the items that she removed from the home within ten (10) days. of the date of the court's order or pay Defendant the sum of $10,000.00 as compensation for the items so removed; and C. Pay Defendant's attorneys fees incurred in this matter, for the efforts by Defendant to enforce his rights under the terms of the parties' agreement, in the amount of $1,100.00; and D. Such other relief as the court deems equitable. ~,- Q:r0Ji, ~_. . Andes Attorney for Defendant Supreme Court ID # 17225 525 North 121h Street Lemoyne, PA 17043 (717) 761-5361 , If COMMONWEALTH OF PENNSYLVANIA SS.: COUNTY OF CUMBERLAND DAVID JAMES JOHNSTON, being duly s.worn according to law, deposes and says that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information, and belief. Sworn to and subscribed before me thi;; )I.f?t day of t:7ece.m~ , 2000. --~~ Notary Public 1YN1'1 EHIf~iAII/A[ SEAL ...lEMOYNE 80R~QrARV Pl18t.rc "" COMM'SS'ONikPiR~8EARI.ANO co. !/G. 11 2064 II :'1 J ?j j I , 1 1 J I I J , 11 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Answer to Petition to Enforce and For Damages upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Thomas J. Williams, Esquire 10 East High Street Carlisle, pa 17013 Date: _ld' IS..;)OOO &._~ L. Andes Attorney for Defendant '>- ~ \:-.~ t;l ~!f~~ ()(~~; "" I.... "I ,": ?;; 5<( t')z r:);:? ~1~ (ljG:J ('".:10- .o:r;: ~- :..-.) () ., C'''';; -',-:...., ~... CtJ f~_~f 4:~j e~.."r ?3 ,.~ ,Jf ~ C'l " 0 " !:: . [f) . <: .. ~ . ~ ~ " z ~ Z "' . ~ ~ ~ ~ ~ 2 "' ~ ~ "' UJ H ~ . 0 Z . ~ ~ Z H Z 0 . .. ~ . p; Il< " :;:J 0 . " 0 . ;:;: ~ z z J1 ~ ~ N :>: ~ . "' i' , F: \FILES\DA T AFILE\Gendoc.cur\76982-rep.l/tde Created: 02/22/00 07:46:20 AM Revised: 01l09/0102:~5:50PM 7698.2, KATHRYN M, BELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 2000-1249 DAVID JAMES JOHNSTON, Defendant , IN DIVORCE PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiff, KathrynM, Bell, by and through her attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and answers Defendant's New Matter as follows: 14, Denied that Plaintiffbreached the Marital Settlement Agreement (hereinafter "MSA") as more specifically set forth in the following: a. Plaintiff has no tax returns in her possession, not even copies, and never has had any, Plaintiffs counsel has copies of tax returns only. All original tax returns have been returned to the Defendant as required by the Agreement. b. Plaintiff has provided Defendant, through counsel, a Qualified Domestic Relations Order, Defendant's counsel requested some changes to be made, It is specifically denied that the MSA requires Plaintiff to prepare these documents; however, Plaintiff is willing to do so. c. Plaintiff has executed and acknowledged the Deed to the martial residence in the form provided by counsel for Defendant; however, same has not been delivered pending receipt of the documents required to be executed by Defendant. Plaintiff, through counsel, has offered to exchange these documents, but Defendant, through counsel, has refused, d. Denied that Plaintiff has disturbed Defendant or other persons associating with Defendant. To the extent any such disturbance took place, it was inadvertent and de minimis, e. Denied that Plaintiff has failed to complete and file the documents necessary to conclude the divorce. While the MSA does not create any obligation on :';4l", r ,. '- the part of Plaintiff to complete and/or file such documents, Plaintiff is willing to do so, f. Admitted that Plaintiff came to the marital residence. It is denied that this was a breach ofthe Agreement. It is admitted that Plaintiff removed an item of personal property that belongs to Defendant (Defendant's wedding ring); however, this was done inadvertently as, unbeknownst to Plaintiff, Defendant's wedding ring was in Plaintiff s jewelry box, and Plaintiff has since returned the wedding ring. 15. Denied for the reasons set forth above; on the contrary, Plaintiff, through counsel, has offered to conclude all ofthe above items, It was Defendant who refused to do so. 16. Denied. First, Plaintiff has provided assurances that she is ready, willing and able to exchange documents required by the MSA. Second, none of this excuses Defendant's failure to meet his clear obligations under the MSA. 17. Admitted. IS. It is irrelevant that Defendant's refusal to complete the documents necessary to divide the parties' investment account also may have caused a loss to himself. 19, Plaintiffs reply to Paragraph 14 (f) is incorporated herein be reference. 20, Any legal expenses incurred by Defendant at this point are entirely his fault WHEREFORE, Plaintiff prays Your Honorable Court to grant Plaintiff s Petition, MARTSON DEARDORFF WILLIAMS & OTTO BYT~!ls,~~ Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: January S, 2001 I",~ , . .-., i I :I"'-~ ' VERIFICATION The foregoing Reply to New Matter is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief, To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification, This statement and verification are made subject to the penalties of18 Pa. C.S, Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties, ~ ~./&LL Kathryn M. B 11 CERTIFICATE OF SERVICE I, Tricia D. Eckemoad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Plaintiffs Reply to New Matter was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Samuel L Andes, Esquire ANDES, VAUGHN & BANGS 525 North Twelfth Street P,O. Box 168 Lemoyne, P A 17043 MARTSON DEARDORFF WILLIAMS & OTTO ~/J'~/;' IJ {lil. d () G~moad ~. Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 8, 2001 ,;,':"'(,~ ~ -",. ~. . o c: ." 0C r-Y"'fTl z.- -, ~ cr.] ~ ..;:::- (-- )>(~: t --, ~~ c r~ "11 :::'"," '.r! , \.D ~ t:) , -, ~ '--) w ~; .~: , :-'\' :,:? ::b -< (:J'i ".. ~ ,~~-"""JoIiI!'1lI!'l'\l!'~-",,",!E~~Mi!lAl!tI~!JII!IIIf~MI, ~r~1l!" .~ KATHRYN BELL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. DAVID J. JOHNSTON : NO. 2000-1249 CIVIL TERM ORDER OF COURT AND NOW, this 16TH day of JANUARY, 2001, the Defendant having responded to Plaintiffs Petition to Enforce Marital Settlement Agreement and for Damages, and these appear tp be facts in dispute, a hearing on this matter is scheduled for Wednesday. February 28. 2001. at 3:00 p.m. in Courtroom # 5. Thomas J, Williams, Esquire For the Plaintiff Edward E, Guido, ly C' .;(\, ~ 'l.bl ()\'\ Jc ~~ Samuel L. Andes, Esquire For the Defendant :sld " ,1,.-r ' '" . ~, ~' ~rdiM!~liijj!l$Wtlwl$.l!~~~~.~ftW<\l!ll<~rt\l>l-I''''J>~' .. { I.~ "C~'L',_'_ ,_~r'n~,,,,,~,_...,__"_,_<,._.",,,,,~;,,,, .'-,\<1'Y_ _"'~',' _ "C. '" ,.., ,. "" ,,^. , - .-1dt.iiII '" '''''1 LillI --. ~ ,_1! o i j~:! Ii .., '~'" "5 :)1": .... ti ,-". I C' I' iI,"I "i' "u" '''Tv ''...JIV:L.:C~n"-r'i''iLi ',..1\ U;... I I "-N' '^(l)"~'^ I-Ji- :V,,)' .,61" 'I'-' I _ I"'" ~,\ I, \ . " F:\FILES\DA TAFILE\Gendoc.cur\76982-ord.lItde Created: 02/22100 07:46:20 AM Revised: 02f28/0102:59:58PM 7698.2 KATHRYN M. BELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 2000-1249 DAVID JAMES JOHNSTON, Defendant IN DIVORCE ORDER AND NOW, this 28th day of February, 2001 in consideration of the Petition to Enforce Marital Settlement Agreement and for Damages filed by Plaintiff and the Answer With New Matter filed by Defendant, and in accordance with the forgoing Stipulation of the parties, it is hereby ORDERED that both parties shall promptly execute all documents necessary to carry out the purposed and obligations of their Marital Settlement Agreement, dated September 5, 2000, a copy of which is attached hereto and incorporated, but not merged, into this Order; except that the division of the Fidelity Destiny One Mutual Fund, account number 7079143152-3, referred to in Paragraph 7 shall be divided as follows: L Defendant shall receive 2,338,223 shares; and 2, Plaintiff shall receive the remaining shares which are estimated to be 12,569384 shares, The effect and purpose of this division is to award the dividend of $49,380,26 paid in December, 2000 to Plaintiff. Plaintiff shall be responsible to report the dividend income and pay all taxes on said dividend; however, because the federal tax withholding was credited to the social security number of Defendant, Defendant shall reimburse Plaintiffin the amount of$13,826.4 7 when he receives his 2000 Federal Income Tax Refund and shall file his 2000 Federal Income Tax Return no later than April 15, 200L This Order is intended to settle all claims between the parties. :(-),[1-1/ _ tof/d. fj/1/l/c! })c./,'v E/Ltd TO !Jof A &5 u/l-S [. L . Edward E. Guido, J. t~'f0~ ;<-~'&'-O I RX3 :'~:~V"""1l . . ~ " r..... ._ ...,... " "~ F:\Fll..ES\DA TAFILE\Gendoc.cur\769&2-sli.1flde Created: 02122/00 07:46:20 AM Revised: 02/28/01 02:37:06 PM 769&.2 KATHRYN M, BELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA v. NO. 2000-1249 DAVID JAMES JOHNSTON, Defendant IN DIVORCE STIPULATION I I I I ~ ! I I " " I I I i 1i , l: n " I' 'I 'I fl t! AND NOW, comes the parties hereto by and through theirrespective attorneys of record, and request that the Court enter an Order in the form attached hereto in full settlement of all claims set forth in the Petition for Enforcement of Marital Settlement Agreement and for Damages filed by Plaintiff and the Answer With New Matter filed by Defendant. MARTSON DEARDORFF WILLIAMS & OTTO LAW OFFICES OF SAMUEL L. ANDES BY~' ~-4 Samu . Andes, Esqurre 525 North 12th Street Lemoyne, P A 17043 (717) 761-5361 Attorneys for Defendant By ,Lrntt-v, l/vil.M/l' Thomas J, Wi i s, Esquire Ten East High treet Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: Z./2A / 0 I [: r 'I fj " ",A,~~~ ~ F:\FILESIDA TAFILE\Gendoc.cur\769S-agr.l.tde CRated: 07/26fOo0]:39: IBPM Revi5~ O9lU5/0010:1]:21 AM 1693.2 MARITAL~TTLEMENT AGREEMENT This Agreement, made this day of ~ ' 2000, by and between KATHRYN M. BELL, 143 West Louther Street, Carlisle, Cumberland County, Pennsylvania, (hereinafter referred to as "Wife") and DAVID J. JOHNSTON, 2221 Douglas Drive, Carlisle, Cumberland County, Permsylvania (hereinafter referred to as "Husband''). WHEREAS, the parties hereto are Husband and Wife, having been married on August 24, 1979 in Pennsylvania; and WHEREAS, difficulties have arisen between the parties as a result of which they now desire to live separate and apart and by this Agreement, to settle all financial and property rights between them; and WHEREAS, the parties intend this Agreement to be ~,complete settlement pf all outstanding 1 issues between them and to settle and resolve completely all issues which were raised, or which could have been raised, in the divorce action filed to No. 2000-1249 in the Court Qf Common Pleas of Cumberland County, Pennsylvania; and WHEREAS, the purpose and intent as of this Agreement is to award Wife sixty (60%) percent of the value of the marital property of the parties as of the date of this Agreement, as that term is defmed in the Pennsylvania Divorce Code and laws decided thereunder; and. WHEREAS, this Agreement is being made in the settlement and finalization of a divorce action filed with the Court of Common Pleas of Cumberland County at Docket No. 2000-1249; and WHEREAS, Husband and Wife declare that each has had full and fair opportunity to obtain independent legal advice of counsel of their selection, and that before signing this Agreement, each has either been fully advised by counsel of their rights and obligations under the law and this Agreement, or else have waived their right to legal advice. Each party hereby confirms that he or she has read carefully and fully understands the terms, conditions and provisions of this Agreement and believes same to be fair, just, adequate and reasonable under the existing facts and circumstances, The parties further declare that each is executing the Agreement freely and voluntarily, and not as a result of any fraud, coercion, duress, undue influence or collusion; and WHEREAS, Husband and Wife respectively acknowledge that before signing this Agreement they have been fully advised by their respective counsel of their rights and obligations, have read ~ ," ~~ carefully and understand the terms of this Agreement, and have freely consented to this Agreement; and WHEREAS, Husband and Wife are satisfied that they understand the value and extent of all property which would be considered "marital property" under the Pennsylvania Divorce ReforrnAct, whether titled or owned separately or jointly as well as the value and extent of nonmarital property held or expected to be held by each other. NOW, THEREFORE, in consideration ofthe,mutual promises and undertakings set forth herein and intending to be legally bound hereby, the parties hereto do hereby agree as follows: 1. SEPARATION: Husband and Wife shall be free from constraint or control by the other as fullY as ifhe or she were unmarried. Neither shall disturb, trouble and interfere in any way with the other or with any person for associating with the other." 2. RELEASE: Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted or suffered to be done by said other party prior to and including the date hereof; further, the parties acknowledge that all rights under the PennsylvaniaDivorce Code that are not specifically incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this paragraph, this release shall in no way exonerate or discharge eitherparty hereto from the obligations. and promises made and imposed by reason ofthis Agreement and.shall in no way affect any causes of action in absolute divorce which either party may have against the other. 3, DIVORCE: Both parties agree to finalize a no-fault divorce under Section 3301(c) of the Pennsylvania Divorce Code and, in connection therewith, to execute and acknowledge whatever consents or other documents that are necessary to accomplish this forthwith or as soon hereafter as perrnitted by om!!"""'" applicable law. The terms of this Agreement shall be incorporated but not merged into any Divorce Decree which may be entered with respect to the parties, and the court shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions hereof. 4. DEBTS: Husband shall assume, be solely responsible for, and indemnifY, defend and save Wife harmless frorn, the mortgage to GMAC and the auto loan to Member's 1st Federal Credit Union. , There are no other marital debts; however, neither party shall be responsible for debts solely in the name of the other party, Both parties agree that, in the future, neither shall C~!lSe or permit to be charged to or against the other any purchase or purchases which either of them may hereafter make and shall not hereafter create any ,engagements, debts or obligations in the name oLor against each other. Except as specifically provided herein, each agrees to hold the other free and harmless from any and all debts and other obligations which he or she may have incurred since the date of the separation and agrees to indemnify and defend the other party from any claim regarding same. 5. TANGIBLE PERSONAL PROPERTY: A. AUTOMOBILES: Wife shall receive sole title of the 1993 Toyota Corolla Sedan. Husband shall complete the paperwork necessary to transfer title to Wife concurrently with the signing of this Agreement as there is no lien or debt on this vehicle. " Husband shall keep in his possession the 1997 Honda Accord titled solely in his name, and will indenmifY and hold Wife harmless from any claim with respect thereto B. HOUSEHOLD CONTENTS: Except as described on Schedule A, the parties have heretofore divided the household contents which they owned either together or separately and such division and apportionment is hereby confirmed. The property described on Schedule A is located in the marital residence and will be transferred to Wife. I';,' ~~ 6. MARITAL RESIDENCE: Concurrent with the execution of this Agreement, Wife will execute a deed transferring all of her right, title and interest of the marital residence located at 2221 Douglas Drive, Carlisle, Cumberland County, Pennsylvania to Husband. 7. INYESTMENTS: Concurrent with the execution of this Agreement, Wife shall receive the following, and Husband shall execute the documents necessary to transfer same: Account Amount Joint Fidelity Destiny-One Mutual Fund, No.7079143 152-3 Husband's Charles Schwab IRA, No. HG48 1 1-3999 Husband's Members l't IRA, No. 34640 10,291 shares .. $60,788.88\ $31,948.86, ~ jI,. 1\ I ; The IRAs are qualified under ERISA and their transfer shall occur pursuaht to a Qualified Domestic Relations Order to be prepared by Wife's attorney. Wife will retain sole ownership over all assets currently in her name. Husband is presently the owner of the following and will retain sole ownership: 40 1 (K)/Profit Sharing and Pension Plan with OptiMetrics Berkshire Life Insurance Policy Harsco Stock Any balance in Charles Schwab and Members 1 st IRAs Bank accounts owned by the parties jointly have previously been divided and are not covered by this Agreement. 8. OTHER TITLED PROPERTY: Except as otherwise provided herein, all titled property shall remain in the sole ownership of the party holding title and any claim or interest of the other party is expressly hereby waived. 9. ENFORCEMENT: If either party defaults in the due performance of any ofthe terms, conditions and covenants of this Agreement on his or her part to be performed, the non-defaulting party shall have the right to bring an action for specific performance or damages for the breach of this Agreement, and the defaulting party shall pay the reasonable legal fees for any services rendered by pension the non- defaulting party's attorney in any action or proceeding to compel the defaulting party's due performance hereunder as well as costs for bringing the action or proceeding. If either party challenges the validity of this Agreement and the challenge is not successful, the challenging party shall similarly reimburse the defending party for all expenses and losses incurred in the defense. 10. ALIMONY AND SUPPORT: Except as otherwise provided herein, both parties hereby waive, release and give up any rights which either may have against the other to receive spousal support, alimony, alimony pendente lite, or expenses. Frorn the execution date of this Agreement, it shall be the sole responsibility of each party to sustain himself or herself without seeking any economic support from the other. . II. EXECUTION OF DOCUMENTS: The parties agree to execute all docunients that are reasonably necessary to effectuate the pwpose of this Agreement. In .the event that either party ;shall refuse or fail, to execute and/or . acknowledge any such document, then the other party shall have, and is hereby granted, the right and power to appoint one or more times any person or persons of his or her choosing as attorney-in-fact for the other party to so execute and acknowledge such documents. 12. CONTRACT INTERPRETATION: 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. 13. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which is or has been acquired by him or her after the date of separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. '"'-~~~" ~""=-~ 14. INCOME TAX RETlURNS: Upon the execution of this Agreement, Husband shall receive possession of all original income tax returns and related papers, and shall maintain same for a reasonable time and properly preserve same. 15. MISCELLANEOUS: A. This Agreement constitutes the entire agreement between the parties, being the final and complete settlement of all matters between them and supersedes any prior written or oral agreements between them respecting the within subject matter. There are no representations, agreements, arrangements or understandings, oral or written, between and among the parties hereto relating to the subject matter of this Agreement which are notfully expressed herein. B. This Agreement may not be amended, rnodified, altered or revoked except in writing , executed by both the parties hereto. ' C, This Agreement may not be assigned by either party without the prior written consent of the other party. D. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original for all purposes, and all of which together shall constitute one and the same instrument. E. This Agreement shall be binding upon the parties hereto, their heirs, executors, administrators and assigns. F. This Agreement shall be interpreted under the laws of the Commonwealth of Pennsylvania in effect as of the execution date of this Agreement. G, Jurisdiction over the parties with regard to any matter covered by this Agreement shall be in Cumberland County, Pennsylvania. Any reference herein to a court shall be deemed a reference to the Court of Common Pleas of Cumberland County, Pennsylvania. H. The failure to strictly enforce any part ofthis Agreement shall not be deemed a waiver thereof, and a waiver of any part of this Agreement shall not be deemed a waiver of any other part ofthis Agreement. 1. All payments or communications pertaining to matters provided for in this Agreement may be made or given ifdelivered or mailed to a party, at such address as either party shall designate to the other in writing from time to time, or, ifno such designation is made, then to the address as set forth above, with a copy sent to the attorneys named below, :'1~",,__", . ", J. Titles are for convenience and ease of reference only and are notto be considered part of the Agreement for purposes of interpretation. K. The term of this Agreement shall continue indefinitely from the effective date hereof and shall, to the extent possible, survive any future reconciliation of the parties unless they specifically provide otherwise in writing. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written, intending to be legally bound hereby. 4"r~": . Andes, squire ,..., - '-, i' I Ii, " Ii Ij i, h I I., ~,- COMMONWEALTH OF PENNSYLVANIA ) ): ss. COUNTY OF CUMBERLAND ) On this, the 5.J~ay of ~'I... 2000, before me, the undersigned officer, personally appeared Kathryn M. Bell, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official se NarariaI Seal TIle/a D. ~ Notary PuIlIic Carlisle 80m. Cumtiertanlf CounIV My Co~m.I~',:n _Exp:re~. ,,~ "'1.?~ -..-. . -- ..,.--- ~ COMMONWEALTH OF PENNSYLV ANlA ) ): ss. COUNTY OF CUMBERLAND ) On this, the~ day 0&pfPttf"", 2000, before me, the undersigned officer, personally appeared David J. Johnston, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. NotarIal Seal TrIcIa D. Ec:kenroad, Notary PublIo Cl8rIl_la Bom, Cumberland County My Commission Expires Oct. 22, 2000 . .----------.. r - ~ *"'. .... .' SCHEDULE A 1. Wife's clothing; 2. Wife's personal items; 3. Stickley lamp; 4. Stickley bookcase and contents; and 5. Cherry chest of drawers ~ , i vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHRYN M. BELL, PI a i ntiff CIVIL ACTION - LAW NO. 2000-1249 DA VID JAMES JOHNSTON, Defendant IN DIVORCE JOINT MOTION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER AND NOW come the above-named parties, by their attorneys who have executed this joint Motion on their behalf, and jointly move and request the court to enter the attached Qualified Domestic Relations Order to implement certain provisions of their Marital Settlement Agreement dated September 5, 2000. MARTSON DEARDORFF WILLIAMS & OTTO . BY . Jf.;~~,~l, ~J1.-,- i Attorney for Plaintiff Supreme Court ID # . 10 East High Street Carlisle, PA 17013 (717) 243-3341 s~:;;~ Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 - -, ""'~-'" - F:\FILES\DATAFILE\Gendoc.arc\GendocOO\76982-qdro.lItde Created: 09J26/001O:01:04AM' Revislld: 03121/01 "3:16:32 PM 7698.2 KATHRYN M. BELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v" NO. 2000-1249 DAVID JAMES JOHNSTON, Defendant IN DIVORCE OUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this J 1~ay of fIlj. ,2001, it appearing to the Court that: I, The parties hereto are husband and wife and a divorce action is presently pending in this Court at the above number; 2. David James Johnston (S,S, No, 166-44-09110), hereinafter referred to as "Active Participant," is the owner and participant of two Individual Retirement Accounts ("IRAs"), his accounts being Members 1st IRA, No. 34640 and a Charles Schwab IRA, No. HG4811-3999; 3, KathrynM. Bell (S,S, No, 172-44-1655),hereinafterreferred to as "Alternate Payee," has raised claims for, inter alia, equitable distribution of marital property pursuant to the Peunsylvania Divorce Code, 23 P.S. Section 3101 et sea,; 4, Active Participant and Alternate Payee have entered into a Marital Settlement Agreement dated September 5,2000 wherein Alternate Payee is to be paid $60,788.88 from Active Participant's Charles Schwab IRA No, HG4811-3999 and $31,948.86 from Active Participant's Member's 1st IRA, No, 34640, 5, Active Participant's current and last known mailing address is 2221 Douglas Drive, Carlisle, Pennsylvania 17013; 6, Alternate Payee's current and last known mailing address is 143 West Louther Street, Carlisle, Peunsylvania 17013; IT IS ORDERED, ADJUDGED AND DECREED as follows: 1. The aforementioned IRAs are marital property subject to distribution by this Court, 2. The Alternate Payee is awarded $60,788,88 from Active Participant's Charles Schwab IRA No, HG48 I 1-3999, 3. The Alternate Payee is awarded $31,948.86 from Active Participant's Member's l,j IRA, No, 34640, - --, . ~~ , 4. The Alternate Payee shall have the right to roll over the benefits distributed to her pursuant to the terms and provisions ofthis Order to an eligible retirement plan such as an Individual Retirement Account or to an Individual Retirement Annuity. This transfer will be considered a tax- free rollover ofthe benefits distributed provided that the balance to the credit of the Alternate Payee is distributed or paid within one (1) year of receipt. 5. The parties shall promptly submit this Order to the Members 1" and Charles Schwab Plan Administrators for determination of its status as a Qualified Domestic Relations Order. 6, Both parties shall comply with the terms and provisions of this Order and neither active participant nor alternate payee shall take or tolerate any action which will result in the transfer of funds made pursuant to this Agreement being treated as a taxable event or which will otherwise jeopardize or impair the tax status of active participant's individual retirement accounts. 7, After the transfers made pursuant to this Order, all funds and assets remaining in the active participant's individual retirement accounts described in Paragraph 4 hereof shall be and remain the sole and separate property of active participant, free of any further claim by alternate payee, IT IS INTENDED that this Order shall qualifY as a Qualified Domestic Relations Order under the Internal Revenue Code of 1986, as amended, and the Employee Retirement Income Security Act of 1974, as amended. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order under the Internal Revenue Code of 1986, as amended, and the Employee Retirement Income Security Act of 1974, as amended. ,J. ';' ,~ ,,~ ~nj'lM~~ ~---., -~ l>~~iHltj;;<l~"I!!""~ .--""""''' a~ :0>- fT t:~: r-, ;".' L.'_ () -"."" "~_, L" U\r!i~R21 p\Ji3:h4 CU!\ABEf~tJ\hu COUNft' PEt\NSYLW\~,\\1\ t~ 11i~ C-:c ;::: ~ O~ UZ ~..::.t"" !:J "';; {~~ :'lJW G--:)r. .",.'-<- .", ::J U ~ .7f~ a:: =:-'\1 "" Cr" ~ D . ~'~Lln ........... ~ ~~ J. -'~ ~ , F:\FILES\DATAFILE\Gen~.cur\76982-pra.lItde Created: 02122100 07:46:20 AM Revised: 03121f0I03:22:39PM 76~s.i . . KATHRYN M. BELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-1249 DAVID JAMES JOHNSTON, Defendant 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: I. Ground for divorce: irretrievable breakdown under Section 330 I (c) of the Divorce Code. 2. Date and manner of service of the complaint: via Attorney's Acceptance of Service on March 8, 2001, as filed. 3. Date of execution of the Plaintiffs affidavit of consent required by Section 330 I (c) ofthe Divorce Code: September 5, 2000; by the Defendant; September 5, 2000. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice III 9330l(c) Divorce was filed with the Prothonotary: October 3, 2000. Date Defendant's Waiver of Notice in 9330I(c) Divorce was filed with the Prothonotary: October 3, 2000. MARTSON DEARDORFF WILLIAMS & OTTO By .-r~~ ~ V1r~~ Thomas 1. Williams,'Esquire Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff Date: March 21,2001 ':;,ij', ~~,~- , - . ~ ~ I.n.. ,- ,.-- ~- ~,~~ ~.,.,........ -., "" -~ >;,-. - o C -7 oS,. -Or-V qjCp ~_...._~ z';. ~:Z': r:;G "- EO ;S;o >c -, ~ ~",",~,",~~'~T_l'l'i'fi'"",,~""IWl.~"~,. o "~ IlIIU.i I ~~ :1t :t~'" -;0 N {"-J '-.~?,81 ::~ti ~~~ ~ =< .0 -0" -"" ~ 'W !!llIlI!I ~ _ /~ ~., _-!IJ!'l!I' MJiW&.O [".,j,. ,.""'~~'I-'iT{: :':'.' " Ai 1\ 'i' ',. . .'\~. ..\','..,', ^,\ Y FEEl 1 5 20m Arr H,~.;r.'Y": j:~';' C~:\'U~~'ifi i 0,':;, .':T L"."~,, TH'i .!:~.!.\Sl i-[p_,H S'p,'o:r (",:W.1.1"',l.\", pro r,~>;"",:,:\"\~<I'" 1',::'(") 1 3 \X-'ILL.lt,.~"! f. l\.t,',,!{( ~.f,}i',: J':,j 1;~ B_ 'F'."i";\,i,FF. Tn EU'~ii\~'.U 1... SUH )1-'(['1' [}\:"m~L K, DEf,.RD'-)i{n Till)_",t-\;;]. "X"'-lU__L\,\1~:' t\'O ;'1:, C;T~rn fff 't 'f;.~.. ~YHu,:, lc i,' ~'-17} '-_:c~::~" 53",; ~ FA.'.......ii'"ULl (~']7! 2,i.:;-tW;n ]('.;T{f\('.'LT ~V'\\'V'" t'lilJ'..,'(J,(:')\f! G[r)~~(",[ B. ];:,-\LL.~,r': .li'.,~ (~, '\ "-.J C',. 'I?',; ".:1" H ;\iA~",~~ A. L);-';:',\Ur'~,;E\i. frkl~,n;. r__,t.;,;:; HtT' CI'':!L 'fr,:!.'\1- ~~(,E':l,,',Li:;T February 1 ~1" 1001 Th", Honorable Edward E. Guido Cumberland Coumy Cotll'tllouse One Courthouse Square Carlisle, P i\ 1701:\ RE: " . Katbryn_~ir. Bd.1 v.l1i:n;id James Johnston i1E2:!'S'gEfB~J~s~i*~&jilY$!~;;:~iJlJmberland County (', C', p, Our Fik No, 76'J~~2 Ii 'j:-- /' I .." " ' DCal Jctdge Guido: .~..- u\~. /\ Petition I filed on beba.lf of the wife, Kathryn (1,1, Bell, w en!()fCe a ,'vlmital Settlement Agr\..~t.:lnctU and for dai11agcs is sdleuulcu for a . hearing before }'OU on \Vedncsdu:i, February 28 beginning at 3:00 fU.ll. Sarn Andes rt"~prescni.s the husband, David Johnst(".lll. At:1 me"ting with my client last week 10 prepare (,,, this hearing, she mentioned that David kno\\.'s you ft'orn ,;;\\'.i.mming ~lt Dickinson College, :vty c!icnl !.old mt~ that David had rncntion('d YOt.lr !lame several times in the context of Gonvers:ltions he had had with you on these occasions,~ly client told mc that David rdated to her certain details about your [ifie (such as YOllf lCmlily and your service as a Public Dek'uder) so that she ((l!Tned the irnpression be was rnore than a casual acqu,rintance, [Vty cUent also toldnlC that, ]11 discussions bet'Nccn the t\\"O ofthl:;;lH regarding a divorce ;~ettlerrH:~nt, David Slfl!Jwd that she should acc..-.::pt a certain economic settlement l.~H.:causc people that IH.~ spo'kc to at s,winuning thought it \-'las fair, giving her the inlpr~:ssion that his i..1ivorce case 'was something that Vv'a5 dhcw;seJ arollnd the Dickinson Coll.ege pool. This lett.er is, not rHc:ant as n request., or even a suggestion., that y-ou n-;CllSt; yourself; in fact, it is my prcfcn:ncc that Y(IU lJuar this nlatttJr as sch~du]~d and, aJh::r consultalt(m, 111)' client is 111 full ngrecrnent v;,dth that I. \vritc flllty to alert YDU in ad\:'jUICe thaI (m~ of the litigants rnay he someone you know well <;l1ough that it might be lJI'lcomformble f(Jf you to bear this matter. So~ unless ),.'()U (1cl-dse ot.f.1.er\-\'-is.e~ we ,\.'ill pn:;r,are fc~.r dB:' hearing as sc.heduled. Vcr):' truly yours.. MARTSON DI:::ARDORFF V/ILl.!ArvIS 8:, CJITO -' j ,':'-"M\... 1- ~.ta.---. , Thomas J. Willi"Ins TJ \Vitek: cc: SannJCI L. ~'~ndt.:.s~ Esquire F FiLE~.f.)"".T.''.FiLl':'ii,',',!11 '"t." :;"S:',,,! I?'-lFnRi'd/..T[;:)'t,~ s A.[)'VfCl~' 10 ..i\l.J'v>()(.:,\C'(~.\1 ,- " . . !1 KATHRYN M. BELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2000-1 249 DAVID JAMES JOHNSTON, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 6 March 2000 and served upon the Defendant on or about 8 March 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. March 21, 2001 Date ~ 6: -.:1 i:: :<:. :z: 1- ::J~ n 9 t~~~ O~ ...- f:J '.1.- _'.. ;;a: Q=:J ']) ~~:~ "7>- -"if) , , -- 5z ,-C.i' "J -- C' ,. :z: - '. JJLU ~. mo.. :&: :2 r,L, ::J Cl <::) () i I. ,.,,,. - ,?~ , .~" '.~m ,. __,' "",",,~ ,,,; H ., . ."", . - ""-""-"1111njij' i niT ""'_,..."r''''~P:!lllWIIIIJl~~..".,_ !_n~ ,,~IIII!L' rn~ rr KATHRYN M. BELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2000-1 249 DAVID JAMES JOHNSTON, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 ICI OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 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. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. March 21, 2001 Date . ~ " - ",,,_ .H'.~' ., " """ """.",''''..', "..,~ .. >..", ' 0 C:;, c) ., ! ~ 3: .~ i:J CG :::a , rllfT'j ~V ;j:::- ~~ "'"" N - '".~ (:;, -<..-::::.- .j~'~~ r::::C ;:0. --1-...., "- -,,, ~J~~ ~O -,,, -0 '2 >c "-i ~ C- ;1> ::0 -< '""""'''''"~-r~'.~!''',!I;l" ~"'~~~~", "~~_ ,"^-,'Cc ,,"",," ",',:'"'1 -"'~~ IN ThE COURT OF COMMON OF CUMBERLAND COUNTY STATE OF ~ PENNA. PLEAS KATHRYN M. BELL ................................. Plain~.if.f ........... Versus ....... DA¥ID: ,/AMES..JOHNSTON .................................... Defendant N O ...... 2f{00..-.12.49 .................. ]9 DECREE IN DIVORCE ~ //.'/? ~,..,,,. . AND NOW, ~ ~ ~ ~ ]<gx .2c~:], it is Ordered and decreed that ................. .~. ?.~..~...~.,..~.~..L .................. plaintiff, and ........................ DA.VIP. ~. ~flNs~ ............. 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; A Qualified Domestic Relations Order of even date-herewith is incorporate,d · .in.~.o..~.h.~.s..~.~.v.o.~.c.e..~.c.~, Attest: ~ /J J. KATHRYN M. BELL, Plaintiff Vo DAVID JAMES JOHNSTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2OOO- 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 at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. 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. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 KATHRYN M. BELL, Plaintiff DAVID JAMES JOHNSTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- /.Z Vq ~ '7~- IN DIVORCE COMPLAINT 1. Plaintiffis Kathryn M. Bell, who currently resides at 337 York Road, Apt. 2, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is David James Johnston, who currently resides at 2221 Douglas Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 24, 1979 in Pennsylvania. 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. 8. Plaintiff requests the Court to enter a decree of divorce. Date: March 1, 2000 MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. Wil4iffms, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Kathryn 1Vf. Bell 76982 KATHRYN M. BELL, Plaintiff v. : NO. 2000-1249 : DAVID JAMES JOHNSTON, : Defendant : IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ATTORNEY'S ACCEPTANCE OF SERVICE I, Samuel L. Andes, Esquire, attorney for Defendant David James Johnston in the above-captioned action, hereby accept service of the Divorce Complaint in the above action on ~ ~t~Jc~ ., 2000 on his behalf and certify that I am authorized to do so. Sam~ Andes, Es~luire F:kFILES~DATAFILE\GendOC.CUr\76982-pet. 1/~de Created: 02/22/00 07:46:20 AM Revised: 03/27/00 02:07:3~ PM 7698.2 KATHRYN M. BELL, Plaintiff v. : NO. 2000-1249 : DAVID JAMES JOHNSTON, : Defendant : IN DIVORCE 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF'S PETITION TO RAISE ECONOMIC CLAIMS AND NOW, comes the Plaintiff, Kathryn M. Bell, by and through her attomeys, MARTSON DEARDORFF WILLIAMS & OTTO, and files the following Petition as follows: CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 1. Plaintiff and Defendant are the joint owners as tenants by the entireties of certain real estate which is subject to equitable distribution by this Court. 2. Plaintiff and Defendant are the owners of various items of personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this Court. 3. Plaintiff and Defendant are the owners of various motor vehicles and bank accounts acquired during their marriage which are subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests Your Honorable Court to enter an Order distributing all of the aforementioned property, real and personal, as the Court may deem equitable and just CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 4. Plaintiff requests your Honorable Court to allow alimony as it deems reasonable pursuant to Section 3701 of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff requests Your Honorable Court to enter an Order allowing alimony as it deems reasonable pursuant to Section 3701 of the Pennsylvania Divome Code. MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. Wi~lMms, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: March 27, 2000 VERIFICATION I, Thomas J. Williams Esquire, counsel for Plaintiffdepose and say, subject to the penalties of 18 Pa. C.S.A. Section 4904, that the facts set forth in the foregoing pleading are tree and correct to the best of my knowledge; that my client is presently unavailable; that I am authorized to execute this Verification on her behalf. Thomas J. Willi~gd, Esquire Date: March 27, 2000 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire ANDES, VAUGHN & BANGS 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 MARTSON DEARDORFF WILLIAMS & OTTO Tricia D. Ecker~ad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 27, 2000 KATHRYN M. BELL, Plaintiff v. : NO. 2000-1249 : DAVID JAMES JOHNSTON, : Defendant : IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) 1. A Complaint in divome under Section 3301(c) of the Divome Code was filed on or about March 6, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed fxom the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to unswom falsification to authorities. Ka , Plaintiff Sworn to and subscribed before me this Notarial Seal Trlcia D Eckenroad, Notary Public Carl s e Boro cumberland County My Commission Exp res Oct. 23, 2000 KATHRYN M. BELL, Plaintiff v. : NO. 2000-1249 DAVID JAMES JOHNSTON, : Defendant : IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on or about March 6, 2000. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ora final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subj eot to the penalties of 18 Pa, C. S., Section 4904 relating to unswom falsification to authorities. Date: fi- 5ff~ oo Sworn to and subscribed before me this David James J s~~~ant- Notarial Seal Tricia D. Eckenroad, Notary Publ c Carlisle Boro, Cumberland County My Commission Expires Oct. 23, 2000 KATHRYN M. BELL, Plaintiff DAVID JAMES JOHNSTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2000-1249 : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 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 unswom falsification to authorities. Date: t~,.~' -Lood Kathryn M. Bell, Plaintiff KATHRYN M. BELL, Plaintiff v. : NO. 2000-1249 : DAVID JAMES JOHNSTON, : Defendant : IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divome without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 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 unswom falsification to authorities. (/~/) (/~ ~ff/'~) F:\FILES~DATAFILE\Gendoc.cufi76982 -pet.2 Created: 11/21/0~ 02:49:47 PM, ~, Revised: 11/21/00 02:49:47 ?M KATHRYN M. BELL, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-1249 : DAVID JAMES JOHNSTON, : Defendant/Respondent : IN DIVORCE RULE TO SHOW CAUSE day of ~ AND NOW, this ,2000, in consideration of the foregoing Petition to Enforce Martial Settlement Agreement, a Rule is hereby issued upon Respondent to show cause, if any there be, why the relief prayed for should not be granted. Rule returnable /~'- days after service. ,J. 12- q-oo L i .'9 NV 1 ' 330 O0 ~iO!~Oi ~Oc~ :~ni :JO F:~FILESkDATAFILE\Gend~¢ cur\76982-pet.2/tde Creatmd: 02/22/00 07:46:20 AM Revised: l 1/21/00 02:47:34 PM 7698.2 KATHRYN M. BELL, Plaintiff/Petitioner Vo DAVID JAMES JOHNSTON, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2000-1249 : IN DIVORCE PLAINTIFF'S PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT AND FOR DAMAGES AND NOW, comes the Petitioner, Kathryn M. Bell, by and through her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and brings this Petition to Enforce Marital Settlement Agreement and for Damages pursuant to §3105(a) and §3502 (e) of the Divorce Code of 1980 as amended, 23 Pa. C.S.A. §3105 (a) and §3502 (e) for the following reasons: 1. Petitioner is Kathryn M. Bell who is the Plaintiffin this divorce action between the parties. 2. Respondent is David J. Johnston who is the Defendant in this divorce action between the parties. 3. On September 5, 2000, Petitioner and Respondent entered into a comprehensive Marital Settlement Agreement which, by its terms, determines the equitable distribution of marital property, inter alia. A true and correct copy of the Marital Settlement Agreement (hereinafter "MSA") is attached hereto and marked as Exhibit "A." 4. Paragraph 7 of the MSA provided that Petitioner was to receive 10,291 shares of a Fidelity Destiny-One Mutual Fund No. 7079143153-2 which was heldj ointly, and further provided that "Husband shall execute the documents necessary to transfer same." 5. On September 27, 2000, counsel for Petitioner wrote to the agent for Fidelity Destiny- One with a copy of the MSA attached, detailing the division set forth therein. A copy of this was provided to the attorney for Respondent. A copy of this is attached hereto and marked as Exhibit 6. Shortly thereafter, paperwork from Fidelity Destiny-One was hand delivered to Respondent for signature; however, Respondent failed and refused, and continues to fail and refuse to sign the papers necessary to effect the division contemplated by the MSA as per the instructions of the Fidelity Destiny-One agent. 7. On October 10, 2000, counsel for Petitioner faxed to counsel for Respondent, indicating that Respondent was not completing the paperwork necessary for the division of the Fidelity Destiny-One account required by the MSA. A copy of this is attached hereto and marked as Exhibit "C." 8. In response, counsel for Respondent indicated he would be on vacation until October 25, 2000 and would speak to his client when he got back. A copy of this is attached hereto and marked as Exhibit "D." 9. On November 13, 2000, counsel for Petition again contacted counsel for Respondent requesting that Respondent complete the paperwork necessary to divide the Fidelity Destiny-One account as required by the MSA. A copy of this is attached hereto and marked as Exhibit "E." 10. As of the date hereof, Respondent has failed and/or refused to sign the necessary paperwork, has given no indication as to when he might do so, and has given no reason why he would not do so. 11. Paragraph 9 of the MSA, Exhibit "A" hereto, authorizes the Court to order specific performance and states "The defaulting party shall pay the reasonable legal fees for any services rendered by pension (sic) the non-defaulting party's attorney in any action or proceeding to compel the defaulting party's due performance hereunder as well as costs for bringing the action or proceeding." 12. A Marital Settlement Agreement may be enforced by the Court under §3105(a) and §3502 (e) of the Divorce Code of 1980 as amended, 23 Pa. C.S.A. §3105 (a) and §3502 (e). 13. In the interim between when Respondent was first presented with the transfer paperwork for signature and the present, the value of the shares of the Fidelity Destiny-One account has fallen substantially. WHEREFORE, Petitioner prays Your Honorable Court to: 1. Order and direct Respondent to execute the necessary paperwork to transfer the appropriate portion of the parties' jointly held Fidelity Destiny-One Mutual account as required by the Marital Settlement Agreement dated September 5, 2000; 2. Reimburse Petitioner for the difference between the value of a share of the Fidelity Destiny-One Mutual Fund No. 7079143153 -2 on or about September o 5, 2000 and the value of same when the shares are finally transferred to Petitioner times 10,291. Reimburse Petitioner for all costs and expenses, including attorney's fees, necessary to secure enforcement of the provision of the said Marital Settlement Agreement. Dated: November 21, 2000 Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO By . Thomas J. Wi~lia]ns, Esquire Ten East High"ff[reet Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff VERIFICATION I, Thomas J. Williams Esquire, counsel for Plaintiff/Petitioner depose and say, subject to the penalties of 18 Pa. C.S.A. Section 4904, that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge; that my client is presently unavailable; that I am authorized to execute this Verification on her behalf. Thomas J. WilerFams, Esquire Date: November 21, 2000 F:~FI LES~DATAFILE\Gendcc. CU~7698 -agr. 1 .td~ Created: 07126/00 03:39:1 $ PM 7698.2 MARITAL,_~TTLEMENT AGREEMENT This Agreement, made this --%~"~ day of ~et~_~o,- ,2000, by and between KATHRYN M. BELL, 143 West Louther Street, C~isle, Cumberland County, Pennsylvania, (hereinafter referred to as "Wife") and DAVID J. JOHNSTON, 2221 Douglas Drive, Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Husband"). WHEREAS, the parties hereto are Husband and Wife, having been married on August 24, 1979 in Pennsylvania; and WHEREAS, difficulties have arisen between the parties as a result of which they now desire to live separate and apart and by this Agreement, to settle all financial and property rights between them; and WHEREAS, the parties intend this Agreement to be a complete settlement of all outstanding issues between them and to settle and resolve completely all issues which were raised, or which could have been raised, in the divorce action filed to No. 2000-1249 in the Court of Common Pleas of Cumberland County, Pennsylvania; and WHEREAS, the purpose and intent as of this Agreement is to award Wife sixty (60%) percent of the value of the marital property of the parties as of the date of this Agreement, as that term is defined in the Pennsylvania Divorce Code and laws decided thereunder; and. WHEREAS, this Agreement is being made in the settlement and finalization of a divorce action filed with the Court of Common Pleas of Cumberland County at Docket No. 2000-1249; and WHEREAS, Husband and Wife declare that each has had full and fair opportunity to obtain independent legal advice of counsel of their selection, and that before signing this Agreement, each has either been fully advised by counsel of their rights and obligations under the law and this Agreement, or else have waived their right to legal advice. Each party hereby confirms that he or she has read carefully and fully understands the terms, conditions and provisions of this Agreement and believes same to be fair, just, adequate and reasonable under the existing facts and circumstances. The parties further declare that each is executing the Agreement freely and voluntarily, and not as a result of any fraud, coercion, duress, undue influence or collusion; and WHEREAS, Husband and Wife respectively acknowledge that before signing this Agreement they have been fully advised by their respective counsel of their rights and obligations, have read EXHIBIT "A" carefully and understand the terms of this Agreement, and have freely consented to this Agreement; and WHEREAS, Husband and Wife are satisfied that they understand the value and extent of all property which would be considered "marital property" under the Pennsylvania Divorce Reform Act, whether titled or owned separately or jointly as well as the value and extent ofnonmarital property held or expected to be held by each other. NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth herein and intending to be legally bound hereby, the parties hereto do hereby agree as follows: 1. SEPARATION: Husband and Wife shall be free from constraint or control by the other as fully as if he or she were unmarried. Neither shall disturb, trouble and interfere in any way with the other or with any person for associating with the other. : 2. RELEASE: Husband relinquishes his inchoate intestate fight in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted or suffered to be done by said other party prior to and including the date hereof; further, the parties acknowledge that all fights under the Pennsylvania Divorce Code that are not specifically incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any causes of action in absolute divorce which either party may have against the other. 3. DIVORCE: Both parties agree to finalize a no-fault divorce under Section 3301(c) of the Pennsylvania Divorce Code and, in connection therewith, to execute and acknowledge whatever consents or other documents that are necessary to accomplish this forthwith or as soon hereafter as permitted by applicable law. The terms of this Agreement shall be incorporated but not merged into any Divorce Decree which may be entered with respect to the parties, and the court shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions hereof. 4. DEBTS: Husband shall assume, be solely responsible for, and indemnify, defend and save Wife harmless from, the mortgage to GMAC and the auto loan to Member's 1st Federal Credit Union. There are no other marital debts; however, neither party shall be responsible for debts solely in the name of the other party. Both parties agree that, in the future, neither shall cause or permit to be charged to or against the other any purchase or purchases 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. Except as specifically provided herein, each agrees to hold the other free and harmless from any and all debts and other obligations which he or she may have incurred since the date of the separation and agrees to indemnify and defend the other party from any claim regarding same. 5. TANGIBLE PERSONAl, PROPERTY: A. AUTOMOBILES: Wife shall receive sole title of the 1993 Toyota Corolla Sedan. Husband shall complete the paperwork necessary to transfer title to Wife concurrently with the signing of this Agreement as there is no lien or debt on this vehicle. Husband shall keep in his possession the 1997 Honda Accord titled solely in his name, and will indemnify and hold Wife harmless from any claim with respect thereto HOUSEHOLD CONTENTS: Except as described on Schedule A, the parties have heretofore divided the household contents which they owned either together or separately and such division and apportionment is hereby confirmed. The property described on Schedule A is located in the marital residence and will be transferred to Wife. 6. MARITAL RESIDENCE: Concurrent with the execution of this Agreement, Wife will execute a deed transferring all of her right, title and interest of the marital residence located at 2221 Douglas Drive, Carlisle, Cumberland County, Pennsylvania to Husband. 7. INVESTMENTS: Concurrent with the execution of this Agreement, Wife shall receive the following, and Husband shall execute the documents necessary to transfer same: Account Joint Fidelity Destiny-One Mutual Fund, No.7079143152-3 Husband's Charles Schwab IRA, No. HG4811-3999 Husband's Members 1st IRA, No. 34640 Amoant 10,291 shares $60,788.81~: $31,948.86 The IRAs are qualified under ERISA and their transfer shall occur pursuant to a Qualified Domestic Relations Order to be prepared by Wife's attorney. Wife will retain sole ownership over all assets currently in her name. Husband is presently the owner of the following and will retain sole ownership: 401(K)/Profit Sharing and Pension Plan with OptiMetrics Berkshire Life Insurance Policy Harsco Stock Any balance in Charles Schwab and Members 1st IRAs Bank accounts owned by the parties jointly have previously been divided and are not covered by this Agreement. 8. OTHER TITLED PROPERTY: Except as otherwise provided herein, all titled property shall romain in the sole ownership of the party holding title and any claim or interest of the other party is expressly hereby waived. 9. ENFORCEMENT: If either party defaults in the due performance of any of the temps, conditions and covenants of this Agreement on his or her part to be performed, the non-defaulting party shall have the right to bring an action for specific performance or damages for the breach of this Agreement, and the defaulting party shall pay the reasonable legal fees for any services rendered by pension the non- defaulting party's attorney in any action or proceeding to compel the defaulting party's due perfo~sssance hereunder as well as costs for bringing the action or proceeding. If either party challenges the validity of this Agreement and the challenge is not successful, the challenging party shall similarly reimburse the defending party for all expenses and losses incurred in the defense. 10. ALIMONY AND SUPPORT: Except as otherwise provided herein, both parties hereby waive, release and give up any rights which either may have against the other to receive spousal support, alimony, alimony pendente lite, or expenses. From the execution date of this Agreement, it shall be the sole responsibility of each party to sustain himself or herself without seeking any economic support from the other.~ 11. EXECUTION OF DOCUMENTS: The parties agree to execute all documents that are reasonably necessary to effectuate the purpose of this Agreement. In the event that either party shall refuse or faflto execute and/or acknowledge any such document, then the other party shall have, and is hereby granted, the right and power to appoint one or more times any person or persons of his or her choosing as attorney-in-fact for the other party to so execute and acknowledge such documents. 12. CONTRACT INTERPRETATION: 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. 13. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which is or has been acquired by him or her after the date of separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 14. INCOME TAX RETURNS: Upon the execution of this Agreement, Husband shall receive possession of all original income tax returns and related papers, and shall maintain same for a reasonable time and properly preserve same. 15. MISCELLANEOUS: A. This Agreement constitutes the entire agreement between the parties, being the final and complete settlement of all matters between them and supersedes any prior written or oral agreements between them respecting the within subject matter. There are no representations, agreements, arrangements or understandings, oral or written, between and among the parties hereto relating to the subject matter of this Agreement which are not .fully expressed herein. B. This Agreement may not be amended, modified, altered or revoked except in writing executed by both the parties hereto. C. This Agreement may not be assigned by either party without the prior written consent of the other party. D. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original for all purposes, and all of which together shall constitute one and the same instrument. E. This Agreement shall be binding upon the parties hereto, their heirs, executors, administrators and assigns. F. This Agreement shall be interpreted under the laws of the Commonwealth of Pennsylvania in effect as of the execution date of this Agreement. G. Jurisdiction over the parties with regard to any matter covered by this Agreement shall be in Cumberland County, Pennsylvania. Any reference herein to a court shall be deemed a reference to the Court of Common Pleas of Cumberland County, Pennsylvania. H. The failure to strictly enfome any part o fthis Agreement shall not be deemed a waiver thereof, and a waiver of any part of this Agreement shall not be deemed a waiver of any other part of this Agreement. I. All payments or communications pertaining to matters provided for in this Agreement may be made or given if delivered or mailed to a party, at such address as either party shall designate to the other in writing from time to time, or, if no such designation is made, then to the address as set forth above, with a copy sent to the attomeys named below. J. Titles are for convenience and ease of reference only and are not to be considered part of the Agreement for purposes of interpretation. K. The tem~ of this Agreement shall continue indefinitely from the effective date hereof and shall, to the extent possible, survive any future reconciliation of the parties unless they specifically provide otherwise in writing. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written, intending to be legally bound hereby. Witness:/ David J. John on~~/ COMMONWEALTH OF PENNSYLVANIA ) ): SS. COUNTY OF CUMBERLAND ) On this, the ~'~ day of ~d,q~/~ ~L, 2000, before me, the undersigned officer, personally appeared Kathryn M. Bell, known tb me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. AL) T,_r~.. 9._~_nroa~, no~ Pupae ! ..~'~n- m,e uom. C, umbe~and Coumv I ] My L;ommission Ex~:re~ -'~ct "~ .9600 l ................ Z~L COMMONWEALTH OF PENNSYLVAHIA ) ): SS. COUNTY OF CUMBERLA_ND ) On this, the ~-"/'~da¥ of~& 2000, before me, the undersigned officer, personally appeared David $. $olmston, known to me (or satisfactorily' proven) to bc the person whose name is subscribed to the within instrument, and acknowled§ed that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. AL) T,T,~L?..,E.c~en..roaq, Nota~ Pu~o I · ?.?m~m aom uumbedand County I My L;ommlssion Expires Oct 2~., .2~0.~_...~ SCHEDULE A 2. 3. 4. 5. Wife's clothing; Wife's personal items; Stickley lamp; Stickley bookcase and contents; and Cherry chest of drawers MARTSON DEARDORFF WILLIAMS 6Z OTTO l~r-o~.A'no~ ~c~ TEN EAST HIGH STREET CARLISLE, PENNSYLVANIA 170 ! 3 TELEPHONE (717) 243-3341 FACSIMILE (717) 243-1850 INTERNET www.mdwo.com ATTORNEYS & COUNSELLORS AT LAW Wfi~LIAM F: MARTSON JOH~ B. FOWLER III EDWARD L. SCHORPP DANIEL K. DEAP. DORF~ Tm~J.W~ Ivo V. Owwo III GEORGE B. FALLER JR* Char C. PaSCH BENJAMIN T. Wtdu, mR MA~x A. DENLINGER *Bomm Cr~vm~ C~v~L TPdAL SP~nLmT FACSIMILE TRANSMISSION TO: Blake Winters FAX: 249-3006 CC: Samuel Andes FAX: 761-1435 FROM: Thomas Williams FAX: 717-243-1850 DATE: September 27, 2000 PAGES: 10 (including this sheet) FIDELITY DESTINY I ACCT # 7079143152 Enclosed is the Marital Separation Agreement between Kathryn M. Bell and David J. Johnston in which this account is divided. As you will see in paragraph 7 , of the agreement, of the 12,629.223 total shares, Kathryn is to receive 10,291 shares and David is to receive the remaining 2,338.223. I understand you will create separate accounts for each. Kathryn wants her capital gain and dividend distribution in cash with 28% being withheld. I'm forwarding a copy of this to the attorney for David who may certainly provide any instructions as regards David's distribution. Thanks for you assistance. EXHIBIT "E" EXI'#~IT C MAKTSON DF..ARDORFF V~rlLLIAMS ~ OTTO MDW&O IN~-OIV,~.~ION · AI~VIC.~ · Allvoc~t TEN EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE (717) 243-3341 FACSIMILE (717) 243-1850 INTER.NET www.mdwo.com ATTOP~EYS & COt~SELLO~S AT LAW WILLIAM F. MARTSON JOH~ B. FOWLF.~ III EDWARD L. SCHORPP DANIEL K. Tlzl~sIWIL~,~S* Ivo V. OTto III GEO~OE B. FALLER JR* CARL C. PaSCH B~AMIN T. WARN~ MAPdC A. DEr4Lm~ER *BOARD Clm~ u-mD Clxrm TPJAL FACSIMILE TRANSMISSION TO: Sam Andes FAX: 761-1435 FROM: Thomas Williams .FAX: 717-243-1850 DATE: October 10, 2000 PAGES: 1 (including this sheet) RE: Bell v Johnston Fidelity sent David the paperwork to divide the Destiny I account but he has not returned it. Kathy has already filled her's out and sent it im Could you hurry him along? Any questions call Gerald (Gerry) Saari (pronounced: sorry) 866-287-9202 who is the Fidelity District Agent for this area and who is handling this area in the absence of a local agent, lie has a copy of the MSA but needs David's paperwork to implement it. THIS MESS.4 GE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MA Y CONTAIN INFORMATION TI-iA TIS PRIVILEGED, CONFIDENTIAL AND EXEMPTFROM DISCLOSURE UNDER APPLICABLE L4 W. IF THE READER OF THIS MESSA GE IS NO T THE INTENDED RE CIPIEN'E OR THE EMPL 0 YEE OR A GENT RESPONSIBLE FOR DELIVEPJNG THE MESSA GE TO THE INTENDED RECIPIENt. YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION. DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMTJNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE (COLLECT), AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE (WE WILL REIMBURSE POSTAGE). THANK YOU. EXHIBIT "C" EXHIBIT D 16 October 2000 Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013 Dear Tom: RE: Bell vs. Johnston I forwarded your fax along to David Johnston. I will, however, be out of my office on vacation until 25 October 2000 so there is not much I can do to follow-up on it until I return. When I get back I will speak to him and, if the matter has not been resolved, will work on it then. Thank you for your trouble. ]e cc: Sincerely, Samuel L. Andes Mr. David Johnston EXHIBIT "D" MARTSON DEARDORFF ~rlLLIAMS 6z OTTO MDW( O TEN EAST HIGH STREET CARLISLE, PENNSYLVANL~ 17013 TELEPHONE (717) 243-3341 FACSIMILE (717) 243-1850 INT~RN£T www.mdwo.com ATTORNEYS & COUNSELLORS AT LAW wILL~ F. MARTSON Jom~ B. FOWL~ III EDWARD L. SCHORPP DA~mL K. DEAP. DO~.FF Tmxo. sJ.W~ Ivo V. Orro 1II G£o~(}~ B. F^~J.~R J~* Ctau, C. PaSCH Bm4~toan~ T. W~ ND, m(A. * BO.~I) CI~P. TIFIF. O CIVIL TIUAL SPBCIALIST FACSIMILE TRANSMISSION TO: Samuel Andes FAX: 761-1435 FROM: Thomas Williams FAX: 717-243-1850 DATE: November 13, 2000 PAGES: 1 (including this sheet) RE: Johnston v Bell I written to you previously about the Fidelity fund distribution as per the MSA. David has the papers, but is dragging his feet in signing them. You promised to talk to him about it, but I haven't heard. This is a loose end that needs to be cleared up. I don't know what he's hoping to gain by being recalcitrant. To bring you up-to-date I've copied below a message Kathy received from the Fidelity rep in response to her inquiry: Dear Kathy, Thanks for your call. Your file will be transferred to me in Aberdeen, MD and Dave will be serviced by Luis Muniz in Carlisle. I will encourage Luis to contact Dave to determine his intentions. We expect distributions on the account to amount to about $3.7$per share or approximately $47,358. These distributions are taxable. If the account is to be ultimately split, I would suggest that it be done now (prior to the distributions in December) so that you can each share in the tax burden and also have control over your portion of the account. I also checked and was told that you do not have telephone withdrawal privileges on your account. Therefore neither Dave nor you could withdraw money without the other's signature. That means no ability to withdraw money to pay taxes on the distributuions, if needed without joint concurrence. Maybe we can get resolution simply on the need to address this tax burden. Sincerely, Gerry Saari EXHIBIT "E" CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire ANDES, VAUGHN & BANGS 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 MARTSON DEARDORFF WILLIAMS & OTTO By. Tricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 21, 2000 KATHRYN M. BELL, Plaintiff V$, DAVID JAMES JOHNSTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-1249 IN DIVORCE TO PLAINTIFF NAMED HEREIN: YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 KATHRYN M. BELL, Plaintiff VS, DAVID JAMES JOHNSTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-1249 IN DIVORCE AN~'J~ETI~Rc~-.~ND EQR D-AMAGE~ AND NOW comes the above-named Defendant, by his attorney Samuel L. Andes, who makes the following answer to Plaintiff's Petition: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. By way of further answer, Defendant incorporates herein the averments set out in his New Matter. 5. Admitted. 6. Defendant admits that he has not signed and delivered the paperwork requested by Plaintiff and her representatives but states that he has not done so because Plaintiff herself has breached the parties' agreement and failed to perform her obligations thereunder. The averments set out in Defendant's New Matter are incorporated herein. 7. Admitted. 8. Admitted. 9. Admitted. 10. Defendant admits that he has not signed and delivered the paperwork requested by Plaintiff, because Plaintiff herself has not performed her obligations under the agreement and has, by doing so, breached the agreement. Defendant incorporates herein by reference the averment set out in his New Matter. 1 1. Admitted. By way of further answer, Defendant states that Plaintiff has ed the agreement between the parties and is obligated to pay his attorneys fees in this matter. 12. Admitted. 13. Defendant admits that the value of the shares in the account have changed, but denies Plaintiff's characterization of that. By way of further answer, Defendant states that any loss Plaintiff has incurred as a result of the parties' failure to complete their obligations under the contract was caused by Plaintiff's own breach of the contract and that Plaintiff, alone, should be responsible for any loss resulting from that. WHEREFORE, Defendant prays this court to dismiss Plaintiff's Petition until such time as Plaintiff herself performs her obligations under the agreement. In addition to the foregoing, Defendant hereby sets out the following New Matter: 14. Plaintiff has breached the agreement between the parties by failing to complete the following transactions or taking the following actions: A. Plaintiff has failed to return to Defendant all of the tax returns and related tax documents as she is required to do under the agreement. B. Plaintiff has failed to present to Defendant a Qualified Domestic Relations Order in the proper form to complete the transfer of retirement assets. C. Plaintiff has failed to execute, acknowledge, and deliver the Deed necessary to transfer the marital residence to Defendant. D. Plaintiff has disturbed Defendant and has disturbed, troubled, and interfered with other persons associating with Defendant. E. Plaintiff has failed to complete and file the documents necessary to conclude the divorce between the parties. F. Plaintiff has come to the former residence and entered it without Defendant's knowledge or permission and removed from the residence items of personal property which belong to Defendant. All of these actions by Plaintiff, constitute violations of the parties' agreement. 15. Defendant, directly or through his attorney, has repeatedly requested Plaintiff, through her attorney, to perform her obligations under the terms of the parties agreement. On at least three separate occasions Defendant's attorney has reminded Plaintiff's attorney of those obligations and duties and of Plaintiff's failure to perform them. 16. Defendant, through his attorney, has advised Plaintiff, through her attorney, that he will not complete and file the paperwork necessary to transfer the investment account until he has some reasonable assurance that Plaintiff herself will comply with the agreement and perform her obligations under it. To date, Defendant has received no such assurance from Plaintiff or her attorney. 17. Except for the transfer of the investment account, Defendant has performed his obligations under the agreement. Among other things, Defendant has transferred title of an automobile to Plaintiff, has returned to her, her clothing, furniture, and other tangible property, and has cooperated for the entry of a Qualified Domestic Relations Order. 18. The agreement of the parties specifically divides the investment account by shares, rather than by cash value, so that each of the parties will share in the future increase or decrease of the dollar value of that account. As a result, the delay in the transfer of that account, which has been caused by Plaintiff's breach of the agreement, does not cause Plaintiff any more injury than it causes Defendant. 19. In late October of 2000, Plaintiff, in violation of Defendant's rights under the agreement, entered Defendant's home, without Defendant's knowledge or consent, and removed various items of personal property from the house which belonged to Defendant and to which Plaintiff has no right. Defendant believes that the reasonable value of the items which Plaintiff removed from the house in this fashion exceeds $10,000.00 and Defendant demands damages from Plaintiff in an amount in excess of $10,000.00 to compensate him for the lost of these items. 20. Because of Plaintiff's breach of the agreement, Defendant has incurred, and will continue to incur, legal fees and other expenses to enforce his rights and will suffer other financial damages as a result of the Plaintiff's breach of the agreement. WHEREFORE, Defendant prays this court to deny and dismiss Plaintiff's Petition or, in the alternative, to order and direct as follows: A. Direct Plaintiff to fully comply with the terms of the parties agreement and perform all of her obligations thereunder within ten (10) days of the date of the court's order; and B. Direct Plaintiff to return to Defendant's home all of the items that she removed from the home within ten (10) days of the date of the court's order or pay Defendant the sum of $10,000.00 as compensation for the items so removed; and C. Pay Defendant's attorneys fees incurred in this matter, for the efforts by Defendant to enforce his rights under the terms of the parties' agreement, in the amount of $1,100.00; and D. Such other relief as the court deems equitable. Attorney for Defendant Supreme Court ID # 17225 525 North 12TM Street Lemoyne, PA 17043 (717) 761-5361 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS.: DAVID JAMES JOHNSTON, being duly sworn according to law, deposes and says that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information, and belief. Sworn to and subscribed before me this j/~ day of ~)~'~,~-~-- 2000. Notary Public _CERTIFICATE OE SERVICE I hereby certify that I served an original of the foregoing Answer to Petition to Enforce and For Damages upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Thomas J. Williams, Esquire 10 East High Street Carlisle, pa 17013 Date: Attorney for Defendant F:\FI LES~DATAFILE\C~ndoc.cur\76982 -reP. 1/tde Created: 02/22/00 07:46:20 AM Revised: 01/09/01 02:~5:50 PM 76982 , KATHRYN M. BELL, Plaintiff DAVID JAMES JOHNSTON, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1249 IN DIVORCE PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Kathryn M. Bell, by and through her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and answers Defendant's New Matter as follows: 14. Denied that Plaintiff breached the Marital Settlement Agreement (hereinafter"MSA") as more specifically set forth in the following: a. Plaintiffhas no tax returns in her possession, not even copies, and never has had any. Plaintiff's counsel has copies of tax returns only. All original tax returns have been returned to the Defendant as required by the Agreement. b. Plaintiff has provided Defendant, through counsel, a Qualified Domestic Relations Order. Defendant's counsel requested some changes to be made. It is specifically denied that the MSA requires Plaintiff to prepare these documents; however, Plaintiff is willing to do so. c. Plaintiff has executed and acknowledged the Deed to the martial residence in the form provided by counsel for Defendant; however, same has not been delivered pending receipt of the documents required to be executed by Defendant. Plaintiff, through counsel, has offered to exchange these documents, but Defendant, through counsel, has refused. d. Denied that Plaintiff has disturbed Defendant or other persons associating with Defendant. To the extent any such disturbance took place, it was inadvertent and de minirnis. e. Denied that Plaintiffhas failed to complete and file the documents necessary to conclude the divorce. While the MSA does not create any obligation on the part of Plaintiff to complete and/or file such documents, Plaintiff is willing to do so. f. Admitted that Plaintiff came to the marital residence. It is denied that this was a breach of the Agreement. It is admitted that Plaintiff removed an item of personal property that belongs to Defendant (Defendant's wedding ring); however, this was done inadvertently as, unbeknownst to Plaintiff, Defendant's wedding ring was in Plaintiff's jewelry box, and Plaintiffhas since returned the wedding ring. 15. Denied for the reasons set forth above; on the contrary, Plaintiff, through counsel, has offered to conclude all of the above items. It was Defendant who refused to do so. 16. Denied. First, Plaintiff has provided assurances that she is ready, willing and able to exchange documents required by the MSA. Second, none of this excuses Defendant's failure to meet his clear obligations under the MSA. 17. Admitted. 18. It is irrelevant that Defendant's refusal to complete the documents necessary to divide the parties' investment account also may have caused a loss to himself. 19. Plaintiff's reply to Paragraph 14 (f) is incorporated herein be reference. 20. Any legal expenses incurred by Defendant at this point are entirely his fault. WHEREFORE, Plaintiff prays Your Honorable Court to grant Plaintiff's Petition. MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: January 8, 2001 VERIFICATION The foregoing Reply to New Matter is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Plaintiff's Reply to New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire ANDES, VAUGHN & BANGS 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 8, 2001 KATHRYN BELL V. DAVID J. JOHNSTON : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2000-1249 CIVIL TERM ORDER OF COURT AND NOW, this 16TM day of JANUARY, 2001, the Defendant having responded to Plaintiff's Petition to Enforce Marital Settlement Agreement and for Damages, and these appear tO be facts in dispute, a hearing on this matter is scheduled for ~ February 28. 2001. at 3:00 _n.m. in Courtroom # 5. Thomas J. Williams, Esquire For the Plaintiff Samuel L. Andes, Esquire For the Defendant Edward E. Guido, J., & :sld F:WILES~DATAFILE~Gendo~.cur\76982-ord:l/td¢ Created: OZ/22/0007:46:20AM Revised: 02/28/01 02:59:58 PM 7698.2 KATHRYN M. BELL, Plaintiff v. : NO. 2000-1249 . DAVID JAMES JOHNSTON, : Defendant : IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORDER AND NOW, this 28th day of February, 2001 in consideration of the Petition to Enforce Marital Settlement Agreement and for Damages filed by Plaintiff and the Answer With New Matter filed by Defendant, and in accordance with the forgoing Stipulation of the parties, it is hereby ORDERED that both parties shall promptly execute all documents necessary to carry out the purposed and obligations of their Marital Settlement Agreement, dated September 5, 2000, a copy of which is attached hereto and incorporated, but not merged, into this Order; except that the division of the Fidelity Destiny One Mutual Fund, account number 7079143152-3, referred to in Paragraph 7 shall be divided as follows: 1. Defendant shall receive 2,338.223 shares; and 2. Plaintiff shall receive the remaining shares which are estimated to be 12,569.384 shares. The effect and purpose of this division is to award the dividend of $49,380.26 paid in December, 2000 to Plaintiff. Plaintiff shall be responsible to report the dividend income and pay all taxes on said dividend; however, because the federal tax withholding was credited to the social security number of Defendant, Defendant shall reimburse Plaintiff in the amount of$13,826.47 when he receives his 2000 Federal Income Tax Refund and shall file his 2000 Federal Income Tax Return no later than April 15, 2001. This Order is intended to settle all claims between the parties. Edward E. Guido, KATHRYN M. BELL, Plaintiff v. : NO. 2000-1249 : DAVID JAMES JOHNSTON, : Defendant : IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STIPULATION AND NOW, comes the parties hereto by and through their respective attorneys of record, and request that the Court enter an Order in the form attached hereto in full settlement of all claims set forth in the Petition for Enforcement of Marital Settlement Agreement and for Damages filed by Plaintiff and the Answer With New Matter filed by Defendant. MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. Wil~i~hs, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: Z / 2x~ / o l LAW OFFICES OF SAMUEL L. ANDES 525 North 124 Street Lemoyne, PA 17043 (717) 761-5361 Attorneys for Defendant 2000, by and between made this , This Agreement, ' KATHRYN M. BELL, 143 West Louther Street, Carlisle, Cumberland County, Pennsylvania, (hereinafter referred to as "Wife'~ and DAVID J. JOHNSTON, 2221 Douglas Drive, Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Husband"). WHEREAS, the parties hereto are Husband and Wife, having been married on August 24, 1979 in Pennsylvania; and WHEREAS, difficulties have arisen between the parties as a result o fwhich they now desire to live separate and apart and by this Agreement, to settle all financial and property rights between them; and WHEREAS, the parties intend this Agreement to be a. complete settlement Df all outstanding. issues between th~m and to settle and resolve completely all issues which were raised, or which could have been raised, in the divorce action filed to No. 2000-1249 in the Court of Common Pleas of Cumberland County, Pennsylvania; and WHEREAS, the purpose and intent as of this Agreement is to award Wife sixty (60%) percent of the value of the marital property of the parties as of the date of this Agreement, as that term is defined in the Pennsylvania Divorce Code and laws decided thereunder; and. WHEREAS, this Agreement is being made in the settlement and finalization of a divorce action filed with the Court of Common Pleas of Cumberland County at Docket No. 2000-1249; and WHEREAS, Husband and Wife declare that each has had full and fair opportunity to obtain independent legal advice of counsel of their selection, and that before signing this Agreement, each has either been fully advised by counsel of their fights and obligations under the law and this Agreement, or else have waived their right to legal advice. Each party hereby confirms that he or she has read carefully and fully understands the te~i~s, conditions and provisions of this Agreement and believes same to be fair, just, adequate and reasonable under the existing facts and circumstances. The parties further declare that each is executing the Agreement freely and voluntarily, and not as a result of any fraud, coercion, duress, undue influence or collusion; and WHEREAS, Husband and Wife respectively acknowledge that before signing this Agreement they have been fully advised by their respective counsel of their rights and obligations, have read carefully and und~stand the terms of this Agreement, and have freely consented to this Agreement; and WHEREAS, Husband and Wife are satisfied that they understand the value and extent of all property which would be considered "marital property" under the Pennsylvania Divorce Refo~iss Act, whether titled or owned separately or jointly as well as the value and extent ofnonmarital property held or expected to be held by each other. NOW, THEREFORE, in consideration of the mut~_~l promises and undertakings set forth heie, in and intending to be legally bound hereby, the parties hereto do hereby agree as follows: 1. SEPARATION: Husband and Wife shall be flee from constraint or control by the other as fully as if he or she were unmarried. Neither shall disturb, trouble and interfere in any way with the other or with any person for associating with the other .... 2. RELEASE: Husband relinquishes his inchoate intestate fight in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself°r herseff, his or her heirs, executors, administrators or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted or suffered to be done by said oth~r party prior to and including the date hereof; further, the parties acknowledge that all rights under the Pennsylvania Divorce Code that are not specifically incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any causes of action in absolute divorce which either party may have against the other. 3. DIVORCE: Both parties agree to finalize a no-fault divorce under Section 3301(c) of the Pennsylvania Divorce Code and, in connection therewith, to execute and acknowledge whatever consents or other documents that are necessary to accomplish this forthwith or as soon hereafter as permitted by applicable law. The terms of this Agreement shall be incorporated but not merged into any Divorce Decree which may be entered with respect to the parties, and the court shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the previsions hereof. 4. DEBTS: Husband shall assume, be solely responsible for, and indemnify, defend and save Wife harmless from, the mortgage to GMAC and the auto loan to Member's 1~t Federal Credit Union. There are no other marital debts; however, neither party shall be responsible for debts solely in the name of the other party. Both parties agree that, in the future, neither shall cause or permit to be charged to or against the other any purchase or purchases which either ofth~z~ may hereafter make and shall not hereafter create any: engag~n~ents, debts or obligations in the name of or against each other. Except as specifically provided herein, each agrees to hold the other free and harmless from any and all debts and other obligations which he or she may have incurred since the date of the separation and agrees to indemnify and defend the other party from any claim regarding same. 5. TANGIBI,E PERSONAL PROPERTY: A. AUTOMOBILES: Wife shall receive sole title of the 1993 Toyota Corolla Sedan. Husband shall complete the paperwork necessary to transfer title to Wife concurrently with the si~tming of this Agreement as there is no lien or debt on this vehicle. Husband shall keep in his possession the 1997 Honda Accord titled solely in his name, and will indemnify and hold Wife harmless from any claim with respect thereto HOUSEHOLD CONTENTS: Except as described on Schedule A, the parties have heretofore divided the household contents which they owned either together or separately and such division and apportionment is hereby confirmed. The property described on Schedule A is located in the marital residence and will be transferred to Wife. 6. MARITAL RESIDENCE: Concurrent with the execution of this Agreement, Wife will execute a deed transf~aing all of her fight, title and interest of the marital residence located at 2221 Douglas Drive, Carlisle, Cumberland County, Pennsylvania to Husband. 7. INVESTMI~NTS: Concurrent with the execution of this Agreement, Wife shall receive the following, and Husband shall execute the documents necessary to tran.~fer same: Account Joint Fidelity Destiny-One Mutual Fund, No.7079143152-3 Husband's Charles Schwab IRA, No. HG4811-3999 Husband's Members 1= IRA, No. 34640 Amount 10,291 shares $60,788.85~ $31,948.86. The IRAs are qualified'under ERISA and their transfer shall occur pursuant to a Qualified Domestic Relations Order to be prepared by Wife's attorney. Wife will retain sole ownership over all assets currently in her name. Husband is presently the owner of the following and will retain sole ownership: 401 (K)/Profit Sharing and Pension Plan with OptiMetrics Berkshire Life Insurance Policy Harsco Stock Any balance in Charles Schwab and Members 1~ IR. As Bank accounts owned by the parties jointly have previously been divided and are not covered by this Agreement. 8. OTHI~R TITLED PROPERTY: Except as otherwise provided herein, all titled property shall remain in the sole ownership of the party holding title and any claim or interest of the other party is expressly hereby waived. 9. ENFORCE1HENT: If either party defaults in the due performance of any o f the terms, conditions and covenants of this Agreement on his or her part to be perfo,aied, the non-defaulting party shall have the right to bring an action for specific performance or damages for the breach of this Agreement, and the defaulting party shall pay the reasonable legal fees for any services rendered by pension the non- defaulting party's attorney in any action or proceeding to compel the defaulting party's due performance hereunder as well as costs for bringing the action or proceeding. If either party challenges the validity of this Agre¢ifient and thc challenge is not successful, the challen~ng party shall similarly reimburse the defending party for all expenses and losses incurred in the defense. 10. AI,IMONY AND SUPPORT: Except as otherwise provided herein, both parties hereby waive, release and give up any rights which either may have against the other to receive spousal support, alimony, alimony pendente lite, or expenses. From the execution date of this Agreement, it shall be the sole responsibility of each party to sustain himself or herself without seeking any economic support from the other.' ! L EXECUTION OF DOCUMENTS: ~' The parties agree to execute all docUments that are reasonably necessary to effectuate the purpose of this Agreement. Inthe event that either party ~hall refuse or fail,to execute and/or acknowledge any such document, then the other party shall have, and is hereby granted, the right and power to appoint one or more times any person or persons of his or her choosing as attorney-in-fact for the other party to so execute and acknowledge such documents. 12. CONTRACT INTERPRETATION: 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. 13. AFTER-ACOUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or fight of the other, ali items of property, be they real, personal or mixed, tangible or intangible, which is or has been acquired by him or her after the date of separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were 14. INCOME TAX RETURNS: Upon the execution of this Agreement, Husband shall receive possession of all original income tax returns and related papers, and shall maintain same for a reasonable time and properly preserve same. 15. MISCELLANEOUS: A. This Agreement constitutes the entire agreement between the parties, being the final and complete settlement of all matters between them and supersedes any prior written or oral agreements between them respecting the within subject matter. There are no representations, agreements, arrangements or understandings, oral or written, between and among the.parties hereto relating to the Subject matter of this Agreement which are not .fully expressed herein. B. This Agreement may not be amended, modified, altered or revoked except in writing executed by both the parties hereto.' ~ C. This Agreement may not be assigned by either party without the prior written consent of the other party. D. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original for all purposes, and all of which together shall constitute one and the same instrument. E. This Agreement shall be binding upon the parties hereto, their heirs, executors, administrators and assigns. F. This Agreement shall be interpreted under the laws of the Commonwealth of Pennsylvania in effect as of the execution date of this Agreement. G. Jurisdiction over the parties with regard to any matter covered by this Agreement shall be in Cumberland County, Pennsylvania. Any reference herein to a court shall be deemed a reference to the Court of Common Pleas of Cumberland County, Pennsylvania. H. The failure to strictly enforce any part of this Agreement shall not be deemed a waiver thereof, and a waiver of any part of this Agreement shall not be deemed a waiver of any other part of this Agreement. I. All payments or communications pertaining to matters provided for in this Agreement may be made or given if delivered or mailed to a party, at such address as either party shall designate to the other in writing from time to time, or, if no such designation is made, then to the address as set forth above, with a copy sent to the attorneys named below. J. Titles are for convenience and eoae of reference only and are not to be considered part of the Agreement for purposes of interpretation. K. The t~sm of this Agreement shall continue indefinitely from the effeetivc date hereof and shall, to the extent possible, survive any future reconciliation of the parties unless they specifically provide otherwise in writing. IN WITNESS WHEREOF, the parties have hereunto set their hands and scals thc day and year first above written, intending to be legally bound hereby. Witness~ , ~fllmte. i,~..,~noes,~r~sqmre COMMONWEALTH OF PENNSYLVANIA ) ): On this, the ~'J~day of ~~¢, 2000, before me, the und=gsigned officer, pei-sonally appeared Kaflu~ M. Bell, known tb me (or satisfactorily proven) to be the person whose name is subscribed to the within instwment, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto, set my hand and official seal. My Commission Exl~re,~ -~d ""'k..'.'.'.'.'.'.'.'.~ ¢OM~,,ION'WEALTH OF ?E,Z~'qSYLYANL~ ) ): SS. COUNTY OF CUMBERLAND ) appeared David J. Johnston, known to me (or satisfactorily proven) to be the person whose name ia subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Tdola O. ~road, No~y PuI~IM Oad~e ao~ C~mbedm~rCou~y ~ {~ornmlsslon Expires OcL '~3, 2000 SCHEDULE A 2. 3. 4. 5. Wife's clothing; Wife's personal itei~s; Sticklcy lamp; Stickley bookcase and contents; and Cherry chest of drawers KATHRYN M. BELL, Plaintiff VS. DAVID JAMES JOHNSTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-1249 IN DIVORCE INT M AND NOW come the above-named parties, by their attorneys who have executed this joint Motion on their behalf, and jointly move and request the court to enter the attached Qualified Domestic Relations Order to implement certain provisions of their Marital Settlement Agreement dated September 5, 2000. MARTSON DEARDORFF WILLIAMS & OTTO BY Thomas J. V~jJ~ams Attorney for Plaintiff Supreme Court ID # 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 F:kFiLESXDATAFiL~\G,ndoc are\Gendoc0O\76982'qdr ° I/tdc KATHRYN M. BELL, Pfaintiff DAVID JAMES JOHNSTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1249 IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER_ ~ ~/[~- the Court that: AND NOW, this ~ ? day of ,2001, it appearing to 1. The parties hereto are husband and wife and a divorce action is presently pending in this Court at the above number; 2. David James Johnston (S.S. No. 166-44-09110), hereinafter referred to as "Active Participant," is the owner and participant of two Individual Retirement Accounts ("IRAs"), his accounts being Members 1st IRA, No. 34640 and a Charles Schwab IRA, No. HG4811-3999; 3. Kathryn M. Bell (S.S. No. 172_44_ 1655), hereinafter referred to as "Alternate Payee," has raised claims for, inter alia., equitable distribution of marital property pursuant to the Pennsylvania Divorce Code, 23 P.S. Section 3101 et seq.; 4. Active Participant and Alternate Payee have entered into a Marital Settlement Agreement dated September 5, 2000 wherein Alternate Payee is to be paid $60,788.88 from Active Participant's Charles Schwab IRA No. HG4811-3999 and $31,948.86 from Active Participant's Member's 1st iRA, No. 34640. 5. Active Participant's current and last known mailing address is 2221 Douglas Drive, Carlisle, pennsylvania 17013; 6. Alternate Payee' s current and last known mailing address is 143 West Louther Street, Carlisle, Pennsylvania 17013; IT IS ORDERED, ADJUDGED AND DECREED as follows: 1. The aforementioned IRAs are marital property subject to distribution by this Court. 2. The Alternate Payee is awarded $60,788.88 from Active Participant's Charles Schwab IRA No. HG4811-3999. 3. The Alternate Payee is awarded $31,948.86 from Active Participant's Member's 1~t IRA, No. 34640. 4. The Alternate Payee shall have the right to roll over the benefits distributed to her pursuant to the terms and provisions of this Order to an eligible retirement plan such as an Individual Retirement Account or to an Individual Retirement Annuity. This transfer will be considered a tax- free rollover of the benefits distributed provided that the balance to the credit of the Alternate Payee is distributed or paid within one (1) year of receipt. 5. The parties shall promptly submit this Order to the Members 1st and Charles Schwab Plan Administrators for determination of its status as a Qualified Domestic Relations Order. 6. Both parties shall comply with the terms and provisions of this Order and neither active participant nor alternate payee shall take or tolerate any action which will result in the transfer of funds made pursuant to this Agreement being treated as a taxable event or which will otherwise jeopardize or impair the tax status of active participant's individual retirement accounts. 7. After the transfers made pursuant to this Order, all funds and assets remaining in the active participant's individual retirement accounts described in Paragraph 4 hereof shall be and remain the sole and separate property of active participant, free of any further claim by alternate payee. IT IS INTENDED that this Order shall qualify as a Qualified Domestic Relations Order under the Internal Revenue Code of 1986, as amended, and the Employee Retirement Income Security Act of 1974, as amended. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order under the Internal Revenue Code of 1986, as amended, and the Employee Retirement Income Security Act of 1974, as amended. ,J. KATHRYN M. BELL, Plaintiff DAVID JAMES JOHNSTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-!249 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: via Attorney's Acceptance of Service on March 8, 2001, as filed· 3. Date of execution of the Plaintiffs affidavit of consent required by Section 3301 (c) of the Divorce Code: September 5, 2000; by the Defendant; September 5, 2000. 4. Related claims pending: None· 5. Date plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: October 3, 2000. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: October 3, 2000. MARTSON DEARDORFF WILLIAMS & OTTO Williams,~Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: March 21, 2001 MARTSON DEARDORFF WILLIAMS ~ OTTO MDW&O INFORMATION -ADVIC[ · ADVOCACY TEN EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TEL£PHON£ (717] 243-3341 F^CSlMILE (717) 243-1850 INTERNET www. mdwo.com FEB 1 5 2001 AT'CORN£¥S & COUNSELLOR~ AT Law WILLIAM F. MARTSON JOHN B. FOWLER III EDWARD L. $CHORPP DAN{EL K. DEARDORFF THoi'.o,s J. Win. taMs Irc V. CT'to III GEOgGE B.~F^L]-ER J~.' Cam, C. PdSCH M^Poc A. DENLINGER February 13, 2001 The Honorable Edward E. Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Kathryn M. Belt v. David James Johnston Dear Judge Guido: A Petition I filed on behalf of the wife, K.athryn M. Bell, to enforce a Marital Settlement Agreement and for damages xs scheduled for a'hearing before YOu on Wednesday, February 28 beginning at 3:00 p.m. Sam Andes represents the husband, David Johnston. At a meeting with my client last week tO prepare for this heating, she mentioned that David knows you from swimming at Dickinson College. My Client told me that David had mentioned your name several times in the context of conversations he had had with you on these occasions. My client told me that David related to her certain details about your life (such as your family and your service as a Public Defender) so that she formed the impression he was more than a casual acquaintance. My client also told me that, in discussions between the two of them regarding a divorce settlement, David argued that she should accept a certain economic settlement because people that he spoke to at swimming thought it was fair, giving her the impression that his divorce case was something that was discussed around the Dickinson College pool. This letter is not meant as a request, or even a suggestion, that you recuse yourself; in fact, it is my preference that you hear this matter as scheduled and, after consultation, my client is in full agreement with that. I write only to alert you in advance that one of the litigants may be someone you know well enough that it might be uncomfortable for you to hear this matter. So, unless you advise otherwise, we will prepare for the hearing as scheduled. Very truly yours, MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. Wflhams TJW/tde cc: Samuel L. Andes, Esquire F WILESX3DATP~ILE~Genlt/-cur~76982-Jg'1 INFORMATION · ,ADVICE * ADVOCACYsM