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HomeMy WebLinkAbout98-04335 I 1 I t J i i ~ ~ '" ~ ~ 0 J If > ~ + '" ~ -C -) \ / ,.~O' ,- i i (I ... I ~I ! i ,: .1 , J .~ I 'j ~l , I ~j ~l ~l I ~! ~ - *,*'*~'~~*'_-*"*,*'~*ro~~~***)'*:'.~::*.~.~..~.ffi*~,~~ ....,.., --.. ------- ~_....- ....'..........'....,.....~_..~-_............~.......-,..,,_.......-..--...-_....~--- --- #.~ ~ ,'~ ~ .' ~.~ ~ ~ ~.' ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~ >' ~t STATE OF 1~. PENNA. , "'C""\!!?9-'."'( ~ ~ ~ ~ ~.' I' ....'..'.., !I N ()...............,~33.?..........,.. 1998 ~ ',' ~ ~.~ EDITH E. JOHNSTON ~ ~.~ ~ ~.~ VCI",SIlS ~ .;. RONALD D. JOHNSTON ~ '.' .J; ~ ~.~ ~ '.~ DECREE IN DIVORCE AND NOW,.. .j(A\M.J.~" ,~1..,." 19 .q~., it is ordered and decreed that.,. " , ".E;I;>J::r'.1-! .J;:,. .J:QJ:lN,S:roN",. ..'. .. ..' . .. . .. " plaintiff, and. " , , , , . . . . . . , , . , . ~~,r<:~~!J. P '. . ~.o.I-!1';l~:r.~~, . . '. , . . , .. , . . , ... defendant, are divorced from the bonds of matrimony. ~ ~ :.~ ~ :'~ .'. ~ ~'; ~ ~ ;': i ;.~ ~ ~.~ ~ ~.~ ~ ;.~ ~ ~.: ~ ~'; ~ ~ / ~ ................................ .-:.::"...................... ~.~ .' ! i D'~~ ...... ~ Attest: a ~.~ ~ ~ ~ .......... ...C........ Prothonotary ~ ~ :,+.: ~ . ~ .................................-,. .....__-...-----------'.......-...---..---.-_-----....-.--...-~.--.....-...-..~_.....-- ~ :{,.;.~>:.:.. :':0;' '.:.;...:.;._.~:. --:..:-, :.:.:.: '<+:.: .:+;.::..:.:.-:+:. -:.:. .:+} -:.;..:.:- -:.:. .:..:. .:.:..:.:. ,-:.:.' '-:.;',--:+:- {~;.:.:.;.,,:<.:. ':~;'_'<~;"::':.:"':::.:/ 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; VJO~ .. .-.. ........... .... .......................... ..... ......... .............., J. ;t! ~,~ ~.~ ~ ~ ... ,'; ~ ~ ~.~ ~ '.' ,'. ~ ~ ~,~ ~ ~,~ ~ ;.~ .'. ~ ~ ~.~ ~ ;.; ~ ~.' rt1 ... H ." ~ *- ~.~ '.' ~ ~.I ~ ? ~ ~.~ n ~ (',~ ~ r.; ~ ~ :'1 ~ :': ~ ~.~ ~ ~.~ ~ ~.~ ~ '.~ ,,~ ~ ~ ~ ~ ~.4 $ s OIANE G. RADCLIFF ,3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE: (717) 737,0100 FAX: (717) 975.0697 w WHEREAS, di verse and unhappy di f ferences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future sUPPort, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and Possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and mutual promises, Covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree as follows: 1. INCORPORATION OF PREAMBI,E: The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND and WIFE to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or' to such defense as may be available to either party. This Page 2 of 38 Agreement is not intended to condone and shall not be deemed to be condonation on the part of ei ther party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. 3 . IllY..QRCE DECREE,t The parties acknowledge that their marriage irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above captioned divorce action. Upon the execution of this Agreement, or as soon as possible under the terms of said Divorce Code if said documents can not be signed upon the execution of this Agreement, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. If either party fails or refuses to finalize said divorce or execute and file the documents necessary to finalize the divorce, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. 4. EFFECT OF DIVORCE DECREE: Unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties, 5. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. DIANE G. RADCLIFF 3448 TRINOlE ROAD CAMP Hill, PA 17011 PHONE: (717) 737-0100 FAX: (717) 975-0697 Page 3 of 38 is DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE: (717) 737-0100 FAX: (7171975,0697 6. NON~MERGER,:, This Agreement shall not merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as court remedies as the resul t of the aforesaid incorporation or as otherwise provided by law or statute. 7. OA~-O~XECUTION: The "date of execution", "execution dat.e" or "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. 8. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 9. ADVICE OF COUNSEL..;. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, RUBY D. WEEKS, ESQUIRE for HUSBAND, and DIANE G. RADCLIFF, ESQUIRE, for WIFE. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that Page 4 of 38 DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 PHONE: (7171737-0100 FAX: (717) 975,0697 execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 10. EINAHCIAILlllS_CLQSJ1RE..:. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. The parties further acknowledge that the financial disclosure has included the disclosure of the marital assets and debts set forth on the Marital Distribution Sheet, attached hereto, marked Exhibit "A" and made a part hereof, and that it is the parties' intent to distribute those assets and debts in accordance with the distribution set forth therein. 11. D~CLOSURE AND WAIVER OF PROCEDURAL RIGHTS- Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the Page 5 of 38 .... .... parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of court. c. The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is specifically ordered by the court. d. The right to have the court determine which property is marital and which is non-mari tal, and equitably distribute between the parties that property which the court determines to be marital. DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE: (717)737-0100 FAX: (717) 975.0697 Page 6 of 38 C," ~l, :~ . e. The right to have the CQurt decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. 12 . BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right and option to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 13. SQCI~L SECURITY BENEFITS: The parties agree that subject to the rules and regulations of the Social security Administration, each of the parties shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration. Otherwise, neither party shall have any right, title, interest or claim in the social security benefits of the other party, said rights, DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE: (7171737-0100 FAX: (7171975-0597 Page 7 of 38 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: 17171 737-0100 FAX: (7171975.0597 . title, interests and claims being specifically waived by the parties. 14. INCOME_TAXJlAT.TERS.t With respect to income tax matters regarding the parties the following shall apply: a. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined be to the of the cause misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid j oint returns. b. Current Returns: The parties shall file joint Federal and state Income tax returns for the calendar year 1998 and shall equally share in the costs of preparing that return, any refunds or any taxes owed as the result thereof. c. Dependency Exemptions: Each party shall be entitled to claim the income tax dependency exemption for any of the Children living with that party for more than 50% of the applicable tax year. Page 8 of 38 - ''''--'''~'..'-_... ;;:,::'f,.",:.',r.;"--.,,,:;:,;;::.\Z. 15 . EERs:.ONAL-RIGHTS_t HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. HUSBAND and WIFE shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 16. MUTUAL RELEASES: HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtsey, or claims in the nature of dower or curtsey or widow's or widower's rights, family exemption or DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737.0100 FAX: (717) 975.0597 Page 9 of 38 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (7171737.0100 FAX: (7171975.0697 similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) the Commonwealth of Pennsylvania, (b) State, Commonwealth or Territory of the United States, or (c) any other country; or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 17. WAIVER OR MODIFICATION TO BE IH-NRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall Page 10 of 38 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737.0100 FAX: (7171975.0697 be deemed a waiver of any subsequent default of the same or similar nature. 18. ~RATI.Ofu Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or document that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 19. AGREEMEN'LJ3.nmING ON HEIRs:.:- This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 20. INTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 21. OTHER DOCUMENTATION: WIFE and HUSBAND covenant and agree that they will forthwith (and within at least twenty (20) days after demand therefor) , any and all written instruments, execute assignments, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and/or as their respective counsel shall mutually agree, should be so executed in order to carry out fully and effectively the terms of this Agreement. Page 11 of 38 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 PHONE: (7171737.0100 FAX: 17171975.0597 22. N<LWA.I.'lElLOLDEli'AUI.T.:. This Agreement shall rcmain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect thc right of such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 23. BREACH: If for any reason either HUSBAND or WIFE fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: a. The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the resul t of said breach and in bringing the action for specific performance. b. The right to damages arising out of breach of the terms of this which damages Agreement, shall include reimbursement of all attorney's fees and costs incurred Page 12 of 38 as the result of the breach and in bringing the damage action. c. The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws, d. Any other remedies provided for in law or in equity. 24. LAW OF PENNSYLVANIA A~CA~ This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 25. gsVERABILITY: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall remain valid and continue in full force, effect and operation. Likewise, the failure of either party to meet his or her obligations under this Agreement under anyone or more of the paragraphs hereunder, with the exception of the satisfaction of a condition precedent, shall in no way avoid or alter the remaining obligations of the parties. 26. FINAL EOUITABLE DISTRIBUTION OF PROPERTY: The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737-0100 FAX: (717)975-0697 Page 13 of 38 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: 17171737-0100 FAX: (717) 975-0697 distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 27. WAIVER OF INHERITANCE :. Each of the parties hereto does specifically waive, release, renounce and for.ever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. 28. PERSONAL PROPERTY: HUSBAND and WIFE do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, to the following: jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property"). Hereafter WIFE agrees that all of the Personal Property in the possession of HUSBAND shall be the sole and separate property of HUSBAND; and HUSBAND agrees that all of the Personal Property in the possession of WIFE shall be the sole and separate property of WIFE. The parties do hereby specifically waive,. release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the Personal Property which shall become the sole and separate property of the other. Page 14 of 38 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 PHONE: (7171737.0100 FAX: (7171975-0697 2 9. AF-TE~ACO~UIREILERQEERTY.:. Each of the parties shall hereafter own and enj oy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since May 1998, the month of the parties' marital 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 and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim ir. and to said after acquired property of the other party pursuant to the terms of this Paragraph. 30. DIVISION OF VEHICLES. BOATS AND THE-LlKEl With respect to the vehicles, boats, snowmobiles, motorcycles, trailers and the like owned by one or both of the parties, or the trade in value thereof ("the Vehicles") if the vehicles have been sold or traded in prior to the date of this Agreement, the parties agree as follows: a. The Dodge Ram Charger, the Dodge Spirit and the Trailer shall be the sole and separate property of WIFE. b. The Mercury Tracer, the Mercury Station Wagon and the Utility Trailer shall be the sole and separate property of HUSBAND. c. Identification of a Vehicle herein shall include not only the Vehicle, but also the sale or trade-in value thereof if it had been sold or traded in prior to the date of. this Agreement. Page 15 of 38 .... .....' d. The titles to the Vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. e. For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title to the Vehicle is unavailable due to financing arrangements or otherwise. f. In the event any Vehicle is subj ect to a lien or encumbrance the party receiving the Vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance. g. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the Vehicles that shall become the sole and separate property of the other party pursuant to the terms of this Paragraph, 31. DIVISION OF NEWVILLE REAL ESTATE: The parties are the owners of a certain tract of improved real estate known and numbered as 1006 Centerville Road, Newville, PA 17241 (lithe Newville Property") having an approximate value of $56,000.00 and which is encumbered with a mortgage owed to PNC having an approximate balance of $22,046.37 (lithe Newville Mortgage"). With respect to the DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737.0100 FAX: 17171 975.0697 Page 16 of 38 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 PHONE: (7171737.0100 FAX: (7171 975.0697 Newville Property and the Newville Mortgage the parties agree as follows: a. WIFE shall give HUSBAND sole possession of the Newville Property on the settlement date on HUSBAND'S refinance of the Newville Mortgage as hereafter provided, but in no event any later than April 1, 1999, and WIFE shall vacate the Newville Property on that date. b. WIFE shall make, execute and deliver all documents in the usual form conveying, transferring and granting to HUSBAND all of her right, title and interest in and to the Newville Property, and WIFE agrees that she specifically waives, releases, renounces and forever abandons all her right, title and interest therein. The deed of conveyance therefor shall be executed by WIFE on or before the settlement date on HUSBAND'S refinance of the Newville Mortgage as hereafter provided, at which settlement it shall be delivered to HUSBAND for recordation. c. The said conveyance shall be subject to all liens and encumbrances including, but not limited to, the lien of the Newville Mortgage and further shall be under and subject to any covenants and restrictions of record. On the settlement date on Husband's refinance of the Newville Mortgage as hereafter provided, and further provided that HUSBAND has been given possession of the Newville Property by WIFE as required by subparagraph a. above, HUSBAND shall be solely responsible for the payment of the Newville Mortgage and shall indemnify, Page 17 of 38 -"-"---_.,'-","" DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 PHONE: (717) 737.0100 FAX: (7171 975-0697 protect and save WIFE harmless therefrom, Until that time WIFE shall be solely responsible for the payment of the Newville Mortgage and shall indemnify, protect and save HUSBAND harmless therefrom. d. HUSBAND shall refinance the Newville Mortgage on or before April 1, 1999, so as to release WIFE from further liability thereunder. The costs of refinancing shall be paid by HUSBAND. In the event HUSBAND is unable to secure the refinancing and release, then the Newville Property shall be listed for sale and sold at the best price obtainable. At settlement on said sale the net proceeds after payment of all normal and reasonable settlement costs and payment of all existing liens, mortgages and encumbrances, shall be paid to HUSBAND as his sole and separate property. Further in the event of sale, HUSBAND shall be solely responsible for the timely and prompt reporting and payment of any and all taxes, incl uding capi tal gains taxes or the equivalent, and shall report the same on his applicable income tax returns and shall indemnify, protect and hold WIFE harmless therefrom. 32. DIVISION OF CARLISLE REAL ESTATE: The parties are the owners of a certain tract of improved real estate known and numbered as 185 Lawrence Lane, Carlisle, Pa 17013 ("the Carlisle Property") having an approximate value of $150,000.00 and which is encumbered with a mortgage owed to Harris Bank having an approximate balance of $85,907.26 ("the Page 18 of 38 ,._.~...~.- --.,.--., Carlisle Mortgage"). With respect to the Carlisle Property and the Carlisle Mortgage the parties agree as follows: a. HUSBAND shall give \'IIPE sole possession of the Carlisle Property on the settlement date on WIFE'S refinance of the Carlisle Mortgage as hereafter provided, but in no event any later than April 1, 1999 and HUSBAND shall vacate the Carlisle Propercy on that date, b. HUSBAND shall make, execute and deliver all documents in the usual form conveying, transferring and granting to WIFE all of his right, title and interest in and to the Carlisle Property, and HUSBAND agrees that he specifically waives, releases, renounces and forever abandons all his right, title and interest therein. The deed of conveyance therefor shall be executed by HUSBAND on the settlement date on Husband's refinance of the Carlisle Mortgage as hereafter provided, at which settlement date it shall be delivered to WIFE for recordation. DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737-0100 FAX: (717) 975-0697 c. The said conveyance shall be subject to all liens and encumbrances including, but not limited to, the lien of the Carlisle Mortgage and further shall be under and subject to any covenants and restrictions of record. On the settlement date on WIFE'S refinance of the Carlisle Mortgage as hereafter provided, and further provided that WIFE has been given pOssession of the Carlisle Property by HUSBAND as required by subparagraph a. above, WIFE shall be solely responsible for the payment of the Carlisle Mortgage and shall indemnify, protect and save Page 19 of 38 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737.0100 FAX, (7171 975-0597 HUSBAND harmless therefrom. Until that time HUSBAND shall be solely responsible for the payment of the Carlisle Mortgage and shall indemnify, protect and save WIFE harmless therefrom. d. WIFE shall refinance the Carlisle Mortgage on or before April 1, 1999, so as to release HUSBAND from further liability thereunder. The costs of refinancing shall be paid by WIFE. In the event WIFE is unable to secure the refinancing and release, then the Carlisle Property shall be listed for sale and sold at the best price obtainable. At settlement on said sale the net proceeds after payment of all normal and reasonable settlement costs and payment of all existing liens, mortgages and encumbrances, shall be paid to WIFE as her sole and separate property. Further in the event of sale, WIFE shall be solely responsible for the timely and prompt reporting and payment of any and all taxes, including capital gains taxes or the equivalent, and shall report the same on her applicable income tax returns and shall indemnify, protect and hold HUSBAND harmless therefrom. 33. EACH PARTY RETAINS OWN RETIREMENT AND PENSION PLANS: Each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or other retirement type plans of the other party, whether acquired through said party's Page 20 of 38 _.u__.....,', '''. DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737.0100 FAX: (717) 975.0697 employment or otherwise ("the Retirement Plans"). Hereafter the Retirement plans shall become the sole and separate property of the party in whose name or through whose employment said plan or account is held or carried. With respect to the foregoing the following shall apply: a. HUSBAND shall receive as his sole and separate property his FERS/CSRS retirement benefits, his TSP, and his IRA as set forth on Exhibit "A". b. WIFE shall receive as her sole and separate property her CSRS retirement benefits, her TSP and her IRA as set forth on Exhibit "A". 34. DIVISION OF BANK ACCOUNTS/STOCK/LIFE INSURANCE: The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, bonds, shares of stock, investment plans and life insurance cash value ("the Accounts"). Except as hereafter provided WIFE agrees that all the Accounts held in the name of HUSBAND shall become the sole and separate property of HUSBAND; and HUSBAND agrees that all the Accounts held in the name of WIFE shall become the sole. and separate property of WIFE. The foregoing notwithstanding, the parties agree that the following shall apply regarding the Accounts: a. The shares of stock set forth on Exhibit "A" shall be equally divided between the parties upon the execution of this Agreement, or as soon thereafter as is possible and practical. Page 21 of 38 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (7171 737-0100 FAX, (717) 975-0697 b. The joint Member's l"t checking account 11135490 set forth on Exhibit "AN shall be divided and distributed equally between the parties upon the execution of this Agreement or as soon thereafter as is possible and practical. c. The joint Member's 1" savings account 11135490 set forth on Exhibi t "AN shall be divided and distributed equally between the parties upon the execution of this Agreement or as soon thereafter as is possible and practical. d. The joint Member's 1 Bt savings account #126156 having a balance of $25.00 shall be divided and distributed equally between the parties upon the execution of this Agreement or as soon thereafter as is possible and practical. e. The joint PNC savings account #51-3008-4815 shall be divided and distributed equally between the parties upon the execution of this Agreement or as soon thereafter as is possible and practical. f. The joint Harris Bank savings account #1750009503 shall be divided and distributed equally between the parties upon the execution of this Agreement or as soon thereafter as is possible and practical. g. The parties us savings bonds having an approximate value of $13,575.00 shall be divided and distributed equally between the parties upon the execution of this Agreement or as soon thereafter as is possible and practical. h. Any other accounts not specifically referenced herein shall be distributed in accordance with the provisions of Exhibit "AN. Page 22 of 38 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737.0100 FAX: (717) 975-0697 Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in the Accounts that are to become the sole and separate property of the other pursuant to the terms hereof. 35. lUFE I S IlEB'I'.S..i. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible. WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement for which HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 36. HUSBAND'S DEBTS: HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible. HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 37. MARITAL DEBT: During the course of the marriage, HUSBAND and WIFE have incurred certain bills and obligations and have amassed a Page 23 of 38 variety of debts, and it is hereby agreed, without ascertaining for what purpose and to whose use each of the bills were incurred, the parties agree as follows: a. WIFE shall be solely responsible for the following bills and debts: 1. The Carlisle Mortgage as required and set forth in paragraph 32 herein; 2. Any costs for the refinancing of the Carlisle Mortgage as required and set forth in Paragraph 32 herein; 3. Any vehicle loan for WIFE'S Vehicles as required and set forth in Paragraph 30 herein. 4. Any and all taxes resulting from the sale of the Real Estate as required and set forth in Paragraph 32 herein; 5. Any and all taxes resulting from her withdrawal of funds from the Retirement Plans set forth in Paragraph 33 herein; 6. Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in WIFE'S sole name, and not otherwise provided for herein. b. HUSBAND shall be solely responsible for the fOllowing bills and debts: 1. The Newville Mortgage as required and set forth in Paragraph 31 herein; DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737-0100 FAX: (717) 975.0697 Page 24 of 38 ~., 'l.', I, ,'~ . ; "r . u i r:. !~j > .rrL"\' II' :r':;-:,: I;"':'" l.",-;. :jL:, II.... , . ::'.'~' r[ 'I.... l. ::.:,' ). "'".:, , , I,r'/,,> 11' ~ (/,~t ,;1'::\ 11.,:1 r'-i:~l Ln. . . ""~ ~..."~,,. DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737.0100 . FAX: (7171975.0597 2. Any costs incurred for the refinancing of the Newville Mortgage as required and set forth in Paragraph 31 herein; 3. Any vehicle loan for HUSBAND'S Vehicles as required and set forth in Paragraph 30 herein. 4. The Newville Mortgage as required and set forth in Paragraph 31 herein; 5. Any and all taxes resulting from the sale of the Newville Property as required and set forth in Paragraph 31 herein; 6. Any and all taxes resulting from his withdrawal of funds from the Retirement plans set forth in Paragraph 33 herein; 7. Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in HUSBAND'S sole name and not otherwise provided for herein. c. Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. d. Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. e. Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or Page 25 of 38 \\. DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: 17171737.0100 FAX: (717) 975-0697 may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. f. From the date of this Agreement, each party shall only use those credit card accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. 37. INDEMNIFICATION: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. 38. WAIVER OF ALIMONY. SPOUSAL SUPPORT AND COSTS: The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support, maintenance, counsel fees, costs and expenses. 39. CUSTODY: The parties agree that thei.r arrangements, rights and obligations pertaining to the legal and physical custody of the Children shall be governed by the terms of their custody stipulatiori and the Consent Custody Order entered thereon and filed of record in the above captioned case, as said order may Page 26 of 38 hereafter be amended and this Agreement shall not be deemed to govern or affect said custodial arrangements. 39 . CHILD_S.UffOR'l'.:. The parties agree that their respective child support obligations shall be governed by the support order entered between the parties and this agreement shall not be deemed to govern or affect said rights and obligations, 40 . UNllS_UALJIEALTH EXUNS..EB.t The parties shall be responsible for the unusual health expenses that not covered by insurance for the Children during their minority in proportionate shares based on the parties' respecti ve employment incomes. Payment of each parties' DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737.0100 FAX: (717) 975-0697 proportionate share shall be paid for each such expense as it is incurred. If such expense is covered in whole or in part by insurance then the amount of payment owed by each party shall be determined after the insurance payment is made. In the event payment is due befor.e the application of the insurance coverage, then the proportionate payment shall be made by each party and when the insurance payment is received it shall be divided between the parties proportionately based on their employment incomes. HUSBAND shall be required to continue to carry the level of health insurance coverage for the Children that he currently carries, absent mutual written agreement to the contrary. Any party having the insurance coverage on the Children shall be required to provide the other party with all documentation pertaining to the insurance including, but not limited to, medical and dental insurance cards, benefit booklets, claim submission forms and all Page 27 of 38 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 . PHONE: (717) 737-0100 FAX: 17171975-0697 statements pertaining to the determination of insurance coverage as to each claim made thereunder. 41. ED.II.CA'l'LONAL_EX.EENSEs.:_ The parties intend to equally contribute to the educational expenses of the Children for undergraduate college and/or post secondary vocational or technical training, including and limited to the expenses therefor incurred for tuition, room and board, books and educational fees ("the Educational Costs"), Before a party can be expected to contribute to the Educational Costs, the parties will consult with each other and jointly agree as to the expenses to be incurred and the educational institution to be selected for the Children. Since it is impossible to determine at the present time the parties' respective financial condition or the ability of the Children to perform satisfactorily in said educational endeavors at the time or times the Educational Costs are to be incurred, the effectuation of the parties' intent pertaining to the foregoing will be determined from time to time based on the Children's then existing ability to perform satisfactorily in educational endeavors, the parties' then existing financial condition and the amount of the Educational Costs as such may exist when the Educational Costs are to be incurred. The terms of this Paragraph, therefore, are not intended to create a contractual obligation on the part of either party to contribute to the Educational Costs, but rather is to be interpreted merely to express their future intent, but not their obligation, regarding the Educational Costs. Page 28 of 38 DIANE G. RADCLIFF . 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737.0100 FAX: (717) 975-0697 - JOHNSTON V. JOHNSTON MARITAL ASSET DISTRIBUTION SHEET ITEM DESCRIPTION OF VALUE VALUE TO VALUE TO NO. PROPERTY OR HUSBAND WIFE LIABILITY 1. REAL ESTATE: 185 LAWRENCE LANE 150,000.00 150,000.00 CARLISLE PA 17013 1006 CENTERVILLE 56,000.00 56,000.00 ROAD NEWVILLE, PA 17241 2. MOTOR VEHICLES: DODGE SPIRIT 1,500.00 1,500.00 MERCURY TRACER 200.00 200.00 DODGE RAM CHARGER 1,500.00 1,500.00 MERCURY COLONIAL 1,500.00 1,500.00 PARK SW TRAILER 1,000.00 1,000.00 UTILITY TRAILER 200.00 200.00 . 3. STOCKS & . SECURITIES: . 20 CENTURY 4, 172.77 2,086.38 2,086.39 DQE 997.66 498.83 498,83 EXXON 1,614.41 807.21 807.20 FIDELITY 6,746.59 3,373.29 3,373.30 GENELEC 1,489.78 744.89 744,89 JANUS 3,177.55 1,588.78 1,588.77 NETM 116.28 58.14 58.14 PRICE1 2,380.36 1,190.18 ~ 1,190.18 PRICE2 3,436.10 1,718.05 1,718.05 REGNFN 942.93 471.46 471.47 I. ... .. .... ... Page 32 of 38 ..... r DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 PHONE: (7171737.0100 FAX: (717) 975-0697 - ITEM DESCRIPTION OF VALUE VALUE TO VALUE TO NO. PROPERTY OR HUSBAND WIFE LIABILITY 4, CERTIFICATES OF DEPOSIT: WIFE'S MEMBER'S 2,185.98 2,185.98 1ST ACCOUNT 126156 SUFFIX 41 CERTIFICATE HUSBAND'S 1,236.80 1,236.80 MEMBER'S 1ST ACCOUNT 135490 SUFFIX 41 CERTIFICATE 5 . CHECKING ACCOUNTS AND CASH: . HUSBAND'S TO BE ENTIRE MEMBER'S 1 ST DETERMINED VALUE ACCOUNT 174841 SUFFIX 11 CHECKING WIFE'S MEMBER'S TO BE ENTIRE 1 ST CHECKING DETERMINED VALUE ACCOUNT 173505 JOINT MEMBER'S 1ST TO BE SPLIT SPLIT ACCOUNT 135490 DETERMINED CURRENT CURRENT SUFFIX 11 BALANCE BALANCE CHECKING 6. SAVINGS ACCOUNTS, MONEY MARKET, AND SAVINGS CERTIFICATES: US SAVINGS BONDS 13,575.00 6,787.50 6,787.50 TO BE DIVIDED EQUALLY Page 33 of 38 ITEM DESCRIPTION OF VALUE VALUE TO VALUE TO NO. PROPERTY OR HUSBAND WIFE LIABILITY WIFE'S MEMBER'S TO BE ENTIRE 151' ACCOUNT DETERMINED VALUE 173505 SUFFIX 00 HUSBAND'S TO BE SPLIT SPLIT MEMBER'S 151' DETERMINED CURRENT CURRENT SAVINGS ACCOUNT BALANCE BALANCE 135490 SUFFIX 00 JOINT MEMBER'S 151' 25.00 12.50 12.50 ACCOUNT 126156 SUFFIX 00 SAVINGS JOINT MEMBER'S 151' (USED FOR ENTIRE ACCOUNT 126156 CHILDREN'S VALUE SUFFIX 02 CHRISTMAS CHRISTMAS CLUB GIFTS HUSBAND'S TO BE ENTIRE MEMBER'S 151' DETERMINED VALUE SAVINGS ACCOUNT 174814 SUFFIX 00 JT. ALVA FCU 7.96 7.96 SAVINGS ACCOUNT 5820 JT. DAUPHIN TO BE SPLIT SPLIT DEPOSIT SAVINGS DETERMINED CURRENT CURRENT ACCOUNT BALANCE BALANCE 003-02-0025031022 JT PNC SAVINGS 996 .41 498.21 498.21 ACCOUNT 51-3008- 4815 JT HARRIS BANK 1,930.70 965.35 965.35 SAVINGS ACCOUNT 1750009503 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: 17171 737-0100 Page 34 of FAX: (7171 975-0697 38 DIANE G. RADCLIFF 3448 TRINDLE ROAO CAMP HILL, PA 17011 PHONE: 17171737-0100 FAX: (717) 975-0697 4 ITEM DESCRIPTION OF VALUE VALUE TO VALUE TO NO. PROPERTY OR HUSBAND WIFE LIABILITY 7. CONTENTS OF SAFETY DEPOSIT BOXES: NONE 8. TRUSTS: NONE 9. LIFE INSURANCE POLICIES: NONE 10. ANNUITIES: NONE 13. PATENTS, COPYRIGHTS, INVENTIONS & ROYALTIES: NONE 14. PERSONAL PROPERTY . OUTSIDE HOME: NONE 15. BUSINESSES: NONE 16. EMPLOYMENT TERMINATION BENEFITS: . NONE 17. PROFIT SHARING . . PLANS: NONE Page 35 of 38 DIANE G. RADCLIFF 3448 TRINDLE ROAD . CAMP HILL, PA 17011 PHONE: 17171737.0100 FAX: (7171975.0697 ITEM DESCRIPTION OF VALUE VALUE TO VALUE TO NO. PROPERTY OR HUSBAND WIFE LIABILITY 18. PENSION PLANS: NONE 19. RETIREMENT PLANS AND IRA ACCOUNTS: HUSBAND'S TSP 48,562.84 48,562.84 WFE'S TSP 24,927.26 24,927.26 HUSBAND'S UNKNOWN ENTIRE CSRS/FERS VALUE RETIREMENT WIFE'S CSRS UNKNOWN ENTIRE RETIREMENT VALUE WIFE'S IRA 1,896.83 1,896.83 HUSBAND'S IRA 1,859.09 1,859.09 20. DISABILITY PAYMENTS: NONE 2l. LITIGATION CLAIMS: NONE 22. MILITARY/VA BENEFITS: NONE 23. EDUCATION BENEFITS: NONE Page 36 of 38 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (717) 737-0100 FAX: (717) 975.0697 ITEM DESCRIPTION OF VALUE VALUE TO VALUE TO NO. PROPERTY OR HUSBAND WIFE LIABILITY 24. DEBTS DUE INCLUDING LOANS AND MORTGAGES HELD: NONE 25. HOUSEHOLD GOODS AND FURNISHINGS (ATTACHED LIST IF IN DISPUTE) : HOUSEHOLD 4,500.00 3,000.00 1,500.00 CONTENTS 26. OTHER ASSETS: NONE 27. MORTGAGES: LAWRENCE LANE (85,907.26) (85,907.26) MORTGAGE CENTERVILLE ROAD (22,046.37) (22,046.37) MORTGAGE 28. LOANS . NONE 29. CREDIT ... CARDS/OTHER DEBTS 30. ESTIMATED COSTS OF SALE OF REAL ESTATE @ 7% CENTERVILLE ROAD (3,920.00) (3,920.00) PROPERTY .. . LAWRENCE LANE (10,500.00) (10,500.00) PROPERTY . TOTALS 216,304.67 107,393.13 108,911.55. Page 37 of 38 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDITH E. JOHNSTON, Plaint if f v. NO. 98-4335 CIVIL ACTION - LAW DIVORCE RONALD D. JOHNSTON, Defendant PRAECIPE OF Tr~SMIT 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) the Divorce Code. 2. and manner of service of the complaint: Date: 8/8/98 Manner: Certified, Restricted Delivery Date a. b. 3. of execution of the affidavit (c) of the Divorce Code: Plaintiff: 1/11/99 Defendant: 1/11/99 of consent required by Section Date 3301 a. b. QR Date of execution of the Plaintiff's affidavit required by Section 3301(d) of the Divorce Code and date of service of the Plaintiff's 3301 (d) affidavit upon the Defendant: a. Date of execution: n/a b. Date of filing: n/a c. Date of service: n/a 4. Related claims pending: No issues are pending. All issues have been resolved pursuant to the Marriage Settlement Agreement between the parties dated 1/11/99 which Agreement is to be incorporated into but not merged with the Divorce Decree. 5. Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) (I) (i) of the Divorce Code: a. Date of Service: n/a b. Manner of Service: n/a QR Date Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: a. Plaintiff's Waiver: 1/15/99 b. Defendant's Waiver: 1/15/99 --.-...- ._- ....~~-- ..:~ DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 . 17171737.0100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDITH E. JOHNSTON, Plaintiff v. NO. q8- 4-335 RONALD D. JOHNSTON, Defendant CIVIL ACTION - LAW DIVORCE C.OMELAINT AND NOW, this ;2B+....day of ~ 1998, comes the Plaintiff, EDITH E. JOHNSTON, by her attorney, DIANE G. RADCLIFF, ESQUIRE, and files this Complaint in Divorce of which the following is a statement: COUNT I: DIVORCE 1. The Plaintiff is EDITH E. JOHNSTON, an adult individual residing at 1006 Centerville Road, Newville, PA 17241. 2. The Defendant is RONALD D. JOHNSTON, an adult indi vidual residing at 185 Lawrence Lane, Carlisle, PA 17013. 3. Plaintiff and/or Defendant have been bona fide residents of the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on July 25, 1981 at Brookville, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. - 2- 7, The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the grounds on which the action is based are: a. That the marriage is irretrievably broken; Or in the alternative, b. That the parties are now living separate and apart, and at the appropriate time, plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. Or in the alternative, c. That Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome, and that this action is not collusive. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the plaintiff and Defendant. COUNT II: EOUITABLE DISTRIBUTION 9. Paragraphs 1 through 8 are incorporated by reference hereto as fully as though the same were set forth at length. 10. Plaintiff and Defendant have acquired property and debts, real and personal, during their marriage from July 25, 1981, until the date of separation, all of which are "marital property" or "marital debts.. DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 - 3 - DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (7171737.0100 11. Plaintiff and/or Defendant have acquired, prior to the marn.age or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". . 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property and debts as of the date of the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. .cOUNT III: ALIMONY PENQENTE LITE. AI,IMONY 13. Paragraphs 1 through 12 are incorporated by reference hereto as fully as though the same were set forth at length. 14. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 15. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. - 4- - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDITH E. JOHNSTON, Plaintiff v. NO. 98-4335 RONALD D. JOHNSTON, Defendant CIVIL ACTION - LAW DIVORCE NAIVER OP NOTICE-QF INTE~OUEST ENTRY OP A DIVORCE DECREE lrnDER SECTION 110] Ie) OP 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 Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: II 'J"'/1, ~ I ~B 14v~ Ronald D. Jo~ston DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL,!'A 17011 (717) 737-0100 -~-_..._. --- - 1 , j n~:, I","' <:> II';;' I';'; ",j:\ ".' t"rt J,..,' l..';.~ 1;~:t1 p/ > /::r':',1F,::t.<&: ,'"..," ' ...~ .... E ER: -8 aCompfelelleml1 antVor 2 for addillor'lalaervlcel. Ii -CompletellemI3. 4a. and 4b. ~ . Prinl your name and addren on the roverle ollhll form 10 that we can return thls f card to you. ~ -Anach this form to lhe front of the maJlpfece. or on the bade jf space doel nol e permil. 4J -Write"Retum Recslpt Requestoo"on the mallplece below thlJ article number. 5 -The Retum Receipt wUlshow to whom the artIcle was delivered and the date c delivered. Consult postmastor tor too. o I ~~~s~D,~'r)~ 4a'~O~1 8 I B I A . (") f\ 4b. Sorvlco Typo <R~~" " ", 5 Lf'\\V~ ~. 0 R09Istored~~~d A A-..rJ () " ~ 0 Express Mall Insurod c l...--f \ 1 ~ "" rf\" I, 0\ "2. 0 Rotum Recelplfor Morchandlse 0 COD ~ :...; 7.DatjDitz 1/ 6. Received By: (Print Name) 8. Addresseo's Address (Only II requesled end fee Is peld) I also wish to receive llie following services (for an extra foe): 1. CJ Addresseo'sAddress . '~8IrlctedDeIlVSry'. ~ " o '" .!! Domestic Return Receipt EXHIBIT "AU RETURN RECEIPT DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP JIILL,PA 17011 (717) 737.0100 - 2 - " ~ ,. c .. t= , F;~rr:wt,.:':j"~ coo: -, ," .~> ...":', .~~::; .-\~V . . J I,. ~ \ I \"::; ~::-r ~. ,~: .",. '" ,): ';0 t.... ...... ,-., '-,v '" , '.'. .0' .., "? ....1 ~ ..!2. c- "'? .i ~ ~ 4 F SEP :, 0 199~W' JOSEPH A. LAPORTA. Plaintiff vs. ) ) ) ) ) ) ) CIVIL ACTION - CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-4617 CIVIL TERM KIMBERL Y D. LAPORTA, Defendant ORDER AND NOW this c}-... day of :;\;0 '.'._ , 1998, it being reported to the Conciliator that thc parties have reached an agreement which makes further proceedings unnecessary. the undersigned Conciliator hereby relinquishes jurisdiction and returns the matter to the Court Administrator. If either of the parties wishes further proceedings in this action. they should petition the Court anew. FOR THE COURT, 1/...-' ",/ f/.. I,'/I'~ \.~...,. ).,~ ! l / :....-' /~, / ,," MICHAEL L. BANGS Custody Conciliatof/ cc: Jeanne' Wigbells, Esquire Roger R. Laguna, Jr., Esquire (") ',..0 C) f= CO ~-,1 :/l ~-I :--\1 ",- -" ;~ " "0 <1 j= ~r: :,..., ,CD. " C' , '-' ( " -- .., I ::.; ~:7!~), t... , . ...] .-- .. ..:...," , C: 1.-;;'0 :,:. \'.-:) t:-} cSrn c: '--1 ~-'" :::J ),. :''2 ~O ,0 -< In the Court of Common Pleas of CUMBERLAND Connty, Pennsylvania DOMESTIC RELATIONS SECTION EDITH E, JOHNSTDN ) Do,kel Numher 98-4335 CV Plaintiff ) VS. ) PACSES Case Numher 340100297 RONALD D. JOHNSTON ) D-27847 Defendant ) Other Slate 10 Numher Order AND NOW to wit, this OCTOBER 23, 1998 it is hereby Ordered that: THE ABOVE CAPTIONED PETITION FOR ALIMDNY PENDENTE LITE IS DISMISSED, WITHOUT PREJUDICE, PURSUANT TO THE PARTIES HAVING A SPLIT CUSTODY ARRANGEMENT OF THEIR FOUR CHILDREN AND THEIR INCOMES IN ACCORDANCE WITH THE PENNSYLVANIA STATE GUIDELINES GOVERNING THE SAME. BY THE COURT: DRO: R. J. Shadday cc: Pet:lt:Luner and Respundent cc: D:Lane G. Radc1:Lff, Esq.. cc: Ruby D. Weeks, Esq. fT\c:J.hd N"(:,,,,-,: 10!", 1'70' i , M,,,, JUDGE SelVice Type M Form OE-OOl Worker ID 21005 In the Court of Common Picas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION EDITH E. JOHNSTON ) Dockel Numher 98-4335 CV Plaillliff ) vs. ) PACSES Case Numher 340100297 RONALD D. JOHNSTON ) Defendanl ) Olher Slale ID Numher ORDER OF COURT - RESCHEDULE A CONFERENCE You, EDITH E. JOHNSTON plaintiff/defendant of 1006 CENTERVILLE RD, NEWVILLE, PA. 17241-9555-06 are ordered to appear at CUMBERLAND co DRS 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 before a conference officer of the Domestic Relations Section, on the 23RD DAY OF OCTOBER, 1998 at 9: OOAM for a confercnce, after which the conference officer may recommend that an order bc entered. This date replaces the prior conference date of OCTOBER 1, 1998 You are further required to bring to the conference: I. a true copy of your mosl rece11l Federal Income Tax Relum, including W -2s, as filed, 2. your pay sluhs for the preceding six (6) mOlllhs, 3. lhe Income and Expellle Slatemelll attached 10 this 'order as required hy Rule 1910.11 (c). 4. veritication of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. informalion relating to professional licenses 7. other: cc: Diane Radcliff, Esq. Service Type M Form CM-513 Worker ID 21205 ~ } 7::J p ~ -v t. ::;; -n 'i"~ . f p- ~. .f.- a ~ , 0 v:> 0 ~~; :.~ -n Co F;': ~f') -, rl: :'1 ~. :-,;: -0 ,;;-0 "f"~ '~:I,: - ~..J ",~I IT' ~:) .,0 .. ;,') .i.. '/ :',j~~ '.. .. ..... .' , ,:::j :lJ >~ I ': ::3 '.~O C')rn .-<~. :Jl .:;:i ._1 ~ ~~ (;::> ......, ......... '~.~:.:.':~j ! '. ,i i '1 . j, ''- A" . d '. '. In the Court of Common PIcas of CUM8ERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION EDITH E. JOHNSTON ) Docket Number 98-4335 CV Plaintiff ) vs. ) PACSES Case Number 340100297 RDNALD D. JOHNSTON ) Defendant ) Olher SIale ID Number ORDER OF COURT - RESCHEDULE A CONFERENCE You, RONALD D. JOHNSTON plaintiff/defendant of 185 LAWRENCE LN, CARLISLE, PA. 17013-9439-85 are ordered to appear at CUMBERLl\ND co DRS 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 before a conference officer of the Domestic Relations Section, on the 23RD DAY OF OCTOBER, 1998 at 9: OOAM for a conference, after which the conference officer may recommend that an order be entered, This date replaces the prior conference date of oc'rOBER 1, 1998 Y Oll are further required to bring to the conference: l. a Irue copy of your most recent Federallncon:e Tax Relurn, including W-2s, as filed, 2, your pay slubs for the preceding six (6) months, 3. the Income aud Expense Stalemem aUached 10 this order as required by Rule 1910.11 (c). 4. veritication of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating 10 professional licenses 7. other: cc: Rudy Weeks, Esq. Service Type M Form CM-513 Worker ID 21205 g 3 0-- p. ~ r .t'? r f ~- (' C J- II 0 ~ r. , , ('1 \,(j 0 (~~: ,:.::0 ","I .. ", :;J ;:i'~ ;:',~: ;.'1"1 '0 ~ i .,!1 <~ ~''-~ ,-- , .> ,,, C/j'- c' I::> t;CjJ ':~~ i':" :':lC> ~:~ -1., '-,,, C , ,:;j:U Cl ~) :;;'(J :;., ~'V'n '.n' '=:1 ::j :J1 jJ - . Cl -< (. EllITJI E. .JOHNSTON . PlninlifflPelil ioner IN TilE cOllin OF COI\IMON PLEAS OF CUI\IIIEI1LANIJ COUNTY. J'ENNSYLVANIA VS, CIVIL ACTION - IJIVOI1CE IlONALD I). .IOIINSTON. Defelldn Ill!Respondelll NO. 9H - ~J35 CIVIL TEIlI\I IN IlIVORCE IJR# 27H~7 ('aescs# J~1I1II1I297 ORnER OF COURT AND NOW. Ihis 25th dnyof Anenst. I WH. npon consideration of Ihe nUnehed Petition for Alimon)' Pendente Lite nnd/or counsel fees. it is hereby directed Ihntthe pnrties nnd their respeclil'e counsel appear before RJ. Shnddal' on October I , 199H at IIUII nm for n couference. at 13 N. Hanover SI" Carlisle. PA 171l13. nfler which Ihe conference omcer mny recommend Ihnt an Order for Alimony Pendenle Lile be enlered. YOU arc fnrlhcr ordered 10 bring 10 the confereuce: (I) n tme copy of yonr most receut Federal Income Tnx Relnrn. inc1nding W-2's ns liIed (2) yonr pny stubs for Ihe preceding six (6) moulhs (3) Ihe Income and Expense Slnlement nunched to Ihis order. completed ns required by Rule 19 JO.II(() (-I) I'erification of child cnre expenses (5) proof of medical cOl'erage which youmn)' h:l\'e. or mn)' hnl'e al'ailable to you IF yon fnil 10 nppear for the conference or bring the reqnired docume11ls. Ihe Coun mny issue a warrant for YOLlr i.lrrcsl. BY THE COURT. George E. Hoffer. President Jndge cc: Petitioner and Responden~ ~I cc: Diane G. Radcliff. Esq. '( I\\c\cu 'i:S \~Glqc6 Dnle of Order: Aneusl 25. 199H YOU IIA VE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HA VE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FINIJ OUT WHERE YOU MAY GET LEGAL HELP. . CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE. PENNSYLVANIA 17013 (717) 2~9-3 1(,(, DIANEG. !lADCLlFF 3448 T!lINDLE !lOAD CAMP IIILL,PA 17011 (717)737.0100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDITH E. JOHNSTON, Plaintiff v. NO. 98-4335 CIVIL TERM CIVIL ACTION - LAW DIVORCE RONALD D. JOHNSTON, Defendant COMPLAINT FOR ALIMONY PENDENTE LITE TO THE HONORABLE, THE JUDGES OF SAID COURT: ~, Petitioner, EDITH E. JOHNSON, who respectfully AND NOW, this Iq~ day of 1998, comes the represents that: 1. The Petitioner, Edith J. Johnston, is an individual residing at 1006 Centerville, Road, Newville, Pennsylvania. 2 . The Respondent, Ronald D. Johnston, is an individual residing at 185 Lawrence Lane, Carlisle, Pennsylvania. 3. The Petitioner and Respondent were married on July 25, 1981, at Brookville, Maryland and separated on May 1998. 4. The Respondent has not sufficiently provided support for the Petitioner. 5. The Petitioner is not on a financial par with the Respondent in prosecuting and/or defending this Divorce action and is unable to pay her anticipated reasonable attorney's fees and costs. 6. The within action was instituted by the filing of a Divorce complaint by the Petitioner on July 28, 1998. 7. The claims for Alimony Pendente Lite, Interim Counsel Fees and Costs were raised by the Petitioner in the Divorce - 3 -