HomeMy WebLinkAbout01-0146 FX
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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
STATE OF
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LECJNARD scarr JOHNSON,
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Plaintiff
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VERSUS
WANDA 1. JOHNSON,
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Defendant
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AND NOW,
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PENNA.
No.
01-146 Civil Term
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DECREE IN
DIVORCE
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2002
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, IT IS ORDERED AND
DECREED THAT
LEONARD SCOIT JOHNSON
, PLAINTIFF,
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AND
WANDA I. JOHNSON
DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY. Further, the Matrirronial
Settlement Agreement executed by the parties on August 1, 2002 is incorporated
herein and the parties are Ordered to =mply with the terms therein.
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;
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N::> Claims Remain
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PROTHONOTARY
ATTEST:
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MATRIMONIAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ;/11- day of O.Llf./MJ- ,2002, between
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LEONARD SCOTT JOHNSON, hereinafter called "Husband" and WANDA I. JOHNSON,
hereinafter called "Wife",
WITNESSETH:
The parties hereto, being Husband and Wife were lawfully married on February 1,1997
in Cumberland County, Pennsylvania;
There were no children born of the parties;
Diverse and unhappy differences, 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 pendente lite, alimony and/or maintenance of each
other; and in general, the settling of any and all claims and possible claims by one against the
other or against their respective estate.
NOW THEREFORE, in consideration ofthe premises and mutual promises, covenants
and undertakings hereinafter set forth and for other good and valuable consideration, reeeipt of
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which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each
intending to be legally bound hereby, covenant and agree as follows:
1, INCORPORA nON OF PREAMBLE
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 DNORCE 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 Agreement is not intended to condone
and shall not be deemed to be condonation on the part of either party hereto of any act or acts on
the part ofthe other party which have occasioned the disputes or unhappy differences which
have occurred or may occur subsequent to the date hereof. The parties acknowledge that their
marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce
pursuant to the terms of Section 330 I (c) of the Divorce Code in HUSBAND's Cmnberland
County divorce action docketed to nmnber 01-146. The parties agree that upon Wife receiving
medical coverage through her employer or November 11,2002, whichever occurs first, they shall
execute and file all docmnents and papers, including affidavits of consent, necessary to finalize
said divorce.
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3, EFFECT OF DIVORCE DECREE
The parties agree that 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,
4, AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE
The parties agree that the terms of this Agreement shall be incorporated into any Divorce
Decree which may be entered with respect to them,
5. NON-MERGER
It is the parties' intent that this Agreement does not merge with the Divorce Decree, but
rather shall continue to have independent contractual significance. Eaeh party maintains his or
her contractual remedies as well as court ordered remedies as the result of the aforesaid
incorporation or as otherwise provided by law or statute. Those remedies shall include, but not
be limited to, damages, resulting from breach of this Agreement, specific enforcement ofthis
Agreement and remedies pertaining to failure to comply with an order of court or agreement
pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set
forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or
hereafter enacted,
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6. DATE OF EXECUTION
The "date of execution" or "execution date" ofthis Agreement shall be defined as the date
of execution by the party last executing this Agreement.
7. DISTRIBUTION DATE
The transfer of property, funds and/or documents provided herein shall only take place on
the "distribution date" which shall be defined as the date of execution ofthis Agreement unless
otherwise specified herein.
8. FINANCIAL DISCLOSURE
The parties confirm that eaeh has relied on the substantial accuracy ofthe financial
disclosure of the other, as an inducement to the execution of this Agreement.
9, SEPARATION
Husband and Wife shall at all times hereafter have the right to live separate and apart
from each other and to reside from time to time at such place or places as they shall respectively
deem fit, free from any control, restraint, or interferences whatsoever by the other. Neither party
shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any
legal or other proceedings, The foregoing provision shall not be taken to be an admission on the
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part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their
living apart. Neither party shall do or say anything to the child ofthe parties whieh might in any
way influence the child adversely toward the other party, it being the intention of both parties to
minimize the effect of any such separation upon the child,
10, PERSONAL PROPERTY
The parties hereto mutually agree that they have divided all furniture, household
furnishings, appliances, collectibles, and other household personal property between them, and
they mutually agree that each party shall from and after the date thereof be the sole and separate
owner of all tangible personal property present in his or her possession.
11. REAL PROPERTY
The parties acknowledge that Wife is the owner of real estate known as 14 Sycamore
Drive, Mechanicsburg, Pennsylvania 17050, Husband and Wife acknowledge that there are
currently two mortgages against the real estate with National City Mortgage in the approximate
amount of$116,000.00 in Wife's name only and Waypoint Bank in the approximate amount of
$43,192 in joint names. Wife agrees to be responsible for the payment ofthe outstanding first
mortgage and further agrees to be solely responsible for the payment of all future taxes,
insurance and utility bills relative to said real estate until such time as she refinances the current
mortgage which shall occur no later than four (4) years from the date of execution of this
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Agreement. During said four (4) year period, Husband agrees to be solely responsible for the
payment of the outstanding second mortgage of$447.00 per month, Should Wife be unable to
refinance the mortgage during the four (4) year period, then she agrees to immediately list the
property for sale. In the event that the property is listed for sale, Husband shall continue to pay
the second mortgage; however Wife agrees to reimburse Husband from the proceeds of the sale
ofthe home, any mortgage payments made in addition to the four (4) year period agreed to
herein. Wife shall be entitled to retain any proceeds from the sale after payment to Husband of
the mortgage payments described herein. Wife agrees to indemnifY Husband from any loss by
reason of her default in the payment of said first mortgage, taxes, insurance and utilities and
agrees to save Husband harmless from any future liability with regard thereto. Husband agrees to
indemnify Wife from any loss by reason of his default in the payment of said second mortgage
for the time period outlined in this Paragraph, In the event Wife sells said real estate prior to the
expiration of the four (4) year period in which Husband agrees to pay the second mortgage, then
Husband shall continue making the monthly payment of $447.00 per month to Wife for the
balance of the four (4) year period. Said payments shall constitute equitable distribution
paYJP.ent~ and not alimony Tn +hc -e..v"-e..vr I1:-'Se.A-tVD <:\. #e.........f ts. -k; J&v.s~e;
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With respect to the motor vehicles owned by one or both of the parties, they agree as
follows:
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(a) The 1996 Lincoln Continental shall become the sole and exclusive property of
Husband and Husband shall satisfy the remaining balance owed to Ford Motor Credit for the
loan encumbering said vehicle and agrees to indemnify Wife from any loss by reason of his
default in the payment of said Ford Motor Credit loan and to save Wife harmless from any future
liability with regard thereto.
(b) The 2000 Honda Motorcyele shall become the sole and exclusive property of
Husband and Husband shall satisfy the remaining balance owed to Waypoint Bank for the loan
encumbering said motorcycle and agrees to indemnify Wife from any loss by reason of his
default in the payment of said Waypoint Banl, loan and to save Wife harmless from any future
liability with regard thereto.
(c) The 2001 Saturn shall become the sole and exclusive property of Wife and Wife shall
satisfy the remaining balance owed to GMAC for the loan encumbering said vehicle and agrees
to indemnify Husband from any loss by reason of her default in the payment of said GMAC loan
and to save Husband harmless from any future liability with regard thereto.
The titles or assignment of any lease agreements to said 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/assignments shall be delivered to the proper party on the
distribution date. For the purposes of this Paragraph the term "title" shall be deemed to include
"power of attorney" if the title or lease agreement to the vehicle is unavailable due to financing
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arrangements or otherwise. In the event any vehicle is subject to a lien, eneumbrance, lease or
other indebtedness the party receiving said vehicle as his or her property shall take it subject to
said lien, encumbrance, lease or other indebtedness and shall be solely responsible therefore and
said party further agrees to indemnifY, protect and save the other party hannless from said lien,
encumbrance, lease or other indebtedness, Each of the parties hereto does specifically waive,
release, renounce and forever abandon whatever right, title and interest he or she may have in the
vehicle(s) that shall become the sole and separate property of the other pursuant to the terms of
this Paragraph, The parties shall execute Powers of Attorney with regard to future registration
and/or sale of the vehicles which are currently encumbered,
13. TIMESHARE PROPERTY
The parties acknowledge that they are joint owners of a time share located in
Williamsburg, Virginia and Sedona, Arizona. Said timeshares shall become the sole and separate
property of Husband and Wife does specifically waive, release, renounce and forever abandon
whatever right, title and interest she may have in said time shares, Husband shaU be responsible
for transferring the time shares into his name alone and shall pay aU costs incurred as a result of
the transfer. Wife agrees to sign aU documents necessary to effect the transfer upon request.
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14. DEBTS
The parties acknowledge that they have no joint debts except for the mortgage and car
loans referred to in Paragraphs 11 and 12 herein.
A liability not disclosed in this Agreement will be the sole responsibility of the party who
has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due,
- and to indemnifY and hold the other party and his or her property harmless for any and all such
debts, obligations and liabilities. From the date of the execution of this Agreement, each party
shall use only those credit cards and accounts for which that party is individually liable and the
parties agree to cooperate in closing any remaining accounts whieh provide for joint liability.
15. EMPLOYEE BENEFIT PLANS
Except as may otherwise be provided herein, each of the parties does specifically waive,
release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it
may be in any Pension Plan, Retirement Plan, Profit Sharing Plan, 40lK Plan, Keogh Plan, Stock
Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, including
but not limited to Husband's 40l(k) account provided through Norfolk Southem Railroad and
BLE Union and Wife's retirement/pension provided through Blue Shield, and hereafter said
Pension Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee
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benefit plan shall become the sole and separate property in whose name or through whose
employment said plan is carried.
16. DNISION OF JOINT BANK. ACCOUNTS
The parties acknowledge that Husband and Wife are the owners of a joint Member's First
Checking and Savings Account. The parties acknowledge that the accounts have be closed and
, the funds equally divided between the parties, Each party does specifically waive, release,
renounce and forever abandon whatever right, title, interest or claim, he/she may have in the
funds that are to their separate properly pursuant to the terms hereof,
17. STOCK
The parties acknowledge that Husband is the owner of stock with Transnet Connect
which currently has a zero value.
The parties acknowledge that Husband shall retain the Transnet Connect stock and Wife
does specifically waive, release, renounce and forever abandon whatever right, title, interest or
claim she may have in the stock that is to become the sole and separate property of Husband,
18, SPOUSAL SUPPORT/ALIMONY PENDENTE LITE/ALIMONY
The parties agree that the payments of Two Hundred Dollars ($200.00) per month
pursuant to the parties' Spousal Support! Alimony Pendente Lite agreement shall terminate upon
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execution ofthis Agreement and that the parties waive any further claims to spousal support,
\%.0 alimony pendente lite or alimony they may have against the other.e. Y; ~'P t ~ S; (:.+ k,""4h
f i" ~""1"ik, II .f-jj,i~ I<~"~.
19, LEGAL FEES & COSTS
Both parties shall be responsible for the payment of the fees and costs owed to their own
attorney. Husband and Wife do hereby waive, release and give up any rights which they may
respectively have against the other for payment of counsel fees.
20. OTHER WRITINGS
Each of the parties hereto agree to execute any and all documents, deeds, bills of sale or
other writings necessary to carry out the intent ofthis Agreement.
21. DISCLOSURE 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 had 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 parties' respective rights and obligations
might be different from the provisions of this Agreement.
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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, Both parties hereby waive the following
procedural rights:
a, The right to obtain an inventory and appraisement of all marital and non-marital
, 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.
e. The right to have property identified and appraised.
d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure,
e. The right to have the court determine which property is marital and which is non-
marital, and equitably distribute between the parties that property which the court determines to
be marital, and to set aside to a party that property which the court determines to be that parties'
non-marital property.
f, The right to have the court decide any other rights, remedies, privileges, or obligations
covered by this Agreement and/or arising out of the marital relationship, including but not
limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite
(temporary alimony), equitable distribution, eustody, visitation, and counsel fees, costs and
expenses.
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22. FURTHER DEBT
Wife shall not contract or incur any debt or liability for which Husband or his property or
estate might be responsible and shall indemnifY and save harmless Husband from any and all
claims or demands made against Husband by reason of debts or obligations incurred by Wife,
23, FURTHER DEBT
Husband shall not contract or incur any debt or liability for which Wife or her property or
estate might be responsible and shall indemnifY and save harmless Wife from any and all claims
or demands made against Wife by reason of debts or obligations incurred by Husband.
24. MUTUAL RELEASE
Except as otherwise provided herein and so long as this Agreement is not modified or
canceled by subsequent agreement, the parties hereby release and discharge absolutely and
forever each other from any and all rights, claims and demands, past, present and future
specifically from the following: spousal support from the other, alimony, alimony pendente lite,
division of property, claims or rights of dower and right to live in the marital home, right to act
as executor or administrator in the other's estate, rights as devisee or legatee in the Last Will and
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Testament of the other, any claim or right as beneficiary in any life insurance policy ofthe other,
any claim or right in the distributive share or intestate share of the other parties' estate.
25. INCOME TAX 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 to be the cause of the misrepresentations or failures to disclose the nature and extent
of his or her separate income on the aforesaid joint returns.
26. FINAL EOUIT ABLE DISTRIBUTION OF PROPERTY
The parties agree that the division of all property set forth in this Agreement is equitable
and in the event an action in divorce is commenced, both parties relinquish the right to divide
said property in any manner not consistent with the terms set forth herein. It is further the intent,
understanding and agreement ofthe parties that this Agreement is a full, [mal, complete and
equitable property division.
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27. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the parties, and there are no
covenants, conditions, representations or agreements, oral or written, of any nature whatsoever,
other than those herein contained.
28, LEGALLY BINDING
It is the intent of the parties hereto to be legally bound hereby and this Agreement shall
bind the parties hereto and their respective heirs, executors, administrators and assigns.
29, FULL DISCLOSURE
Each party asserts that she or he has made a full and complete disclosure of all the rea!
and personal property of whatsoever nature and wheresoever located belonging in any way to
each ofthem, of all debts and encumbrances incurred in any manner whatsoever by each of
them, of all sources and amounts of income received or receivable by eaeh party, and of every
other fact relating in any way to the subject matter of this Agreement.
These disclosures are part of the consideration made by each party for entering into this
Agreement.
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30, COSTS TO ENFORCE
In the event that either party defaults in the performance of any duties or obligations
required by the terms ofthis Agreement and both extra-judicial and judicial proceedings are
commenced to enforce such duty or obligations, the party found to be in default shall be liable
for all expenses, including reasonable attorneys fees, incurred as a result of such proceedings,
31, AGREEMENT VOLUNT ARIL Y AND CLEARLY UNDERSTOOD
Each party to this Agreement acknowledges and declares that he or she respectively:
(I) Is fully and completely informed as to the facts relating to the subject matter and their
Agreement as to the rights and liabilities of both parties;
(2) Enters into this Agreement voluntarily after receiving the advice of independent
counsel;
(3) Has given careful and mature thought to the making of this Agreement;
(4) Has carefully read each provision ofthis Agreement;
(5) Fully and completely understands each provision of this Agreement, both as to the
subject matter and legal affect.
32. AMENDMENT OR MODIFICATION
This Agreement may be amended or modified only by a written instrument signed by
both parties,
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33. SEVERABILITY
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 be
valid and continue in full force, effect and operation. Likewise, the failure of any party to meet
his or her obligations under anyone or more ofthe paragraphs herein, with the exception of the
satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of
the parties.
34, LAW APPLICABLE
This Agreement shall be governed, construed and enforced under the statute and case law
ofthe Commonwealth of Pennsylvania,
35. HEADINGS NOT PART OF AGREEMENT
Any headings preceding the text of the paragraphs and subparagraphs herein, are inserted
solely for convenienee of reference and shall not constitute a part of this Agreement nor shall
they affect its meaning, construction or effect.
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BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING
READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY
ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS
BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER
A FULL HEARING.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first written above,
WITNESS:
~'c~4~ ~.
LEONARD SCOTT JOHNSON
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WCUAollL ~gWN
WANDA L JOHNSON
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LEONARD SCOTT JOHNSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. OJ - ILI/p
CIVIL ACTION -
Cr'utL'-r~
LAW
WANDA I. JOHNSON,
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 in the
office of the Prothonotary, Cumberland County Courthouse, 1
Courthouse Square, Carlisle, PA 17013.
IF YOU DO NOT WISH TO FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT
IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP.
CUMBERLAND COUNTY COURT ADMINISTRATOR
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
(717) 240-6200
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. () 1- I 'It, tl;;:J t.v--
CIVIL ACTION - LAW
LEONARD SCOTT JOHNSON,
Plaintiff
WANDA I. JOHNSON,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
AND NOW COMES the above-named Plaintiff, by Lori K.
Serratelli, Esquire and the law firm of SERRATELLI, SCHIFFMAN,
BROWN & CALHOON, P.C., and seeks to obtain a Decree in Divorce
from the above-named Defendant, upon the grounds hereinafter more
fully set forth:
COUNT I
DIVORCE
1. Plaintiff is Leonard Scott Johnson, who currently
resides at 3 Strawberry Lane, Carlisle, Cumberland County,
pennsylvania 17013, since November 11, 2000. Plaintiff's Social
Security Number is 228-98-5647.
2. Defendant is Wanda I. Johnson, who currently resides at
14 Sycamore-nrive, Mechanicsburg, Cumberland County, Pennsylvania
17050, since March 1996. Defendant's Social Security Number is
205-52-0012.
3. Plaintiff has been a bona fide resident in the
Commonwealth for at least six months immediately previous to the
filing of this Complaint.
4. The Plaintiff and Defendant were married on February 1,
1997, in Cumberland County, Pennsylvania.
5. The Plaintiff has been advised of the availability of
counseling and that he may have the right to request that the
Court require the parties to participate in counseling.
6. There have been no prior actions of divorce or for
annulment between the parties.
7. The marriage is irretrievably broken.
8. The Defendant is not a member of the Armed Services of
the United States or any of its allies.
9. The Plaintiff and Defendant are both citizens of the
United States.
10. Plaintiff avers that there are no children of the
parties under the age of 18.
WHEREFORE, the Plaintiff prays your Honorable Court to enter
a Decree in Uivorcefrom the bonds of matrimony.
Respectfully submitted,
1/
/
Lo/~. Serratelli, Esquire
SE~RATELLI, SCHIFFMAN,
BROWN & CALHOON, P. C.
2080 Linglestown Road
Suite 201
Harrisburg, PA 17110
(717) 540-9170
ATTORNEY FOR PLAINTIFF
VERIFICATION
I verify that the statement made in the foregoing Complaint
in Divorce 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.
Date: c:::J::. ,~_ Zov ;
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~eonard Scott Johnson
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H10S.157 REV,S.sO
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF HEALTH
VITAL RECORDS
RECORD OF
STATE FILE NUMBER
DIVORCE
OR
ANNULMENT
STATE FILE DATE
COUNTY
CUMBERLAND
[Xl
(CHECK ONE)
o
SSN:
228-98-5647
HUSBAND
'"
2. DATE
0'
BIRTH
4, PLACE
0'
BIRTH
7. USUAL OCCUPATION
Month il\'
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1. NAME
(First)
(Middle)
Last
LEONARD
SCOTT
JOHNSON
09 20
60
2. RESIDENCE
Street or R.D.
City, Boro. or Twp.
OJunty
atear orergn
untry
3
Strawberr
SSN:
2
205-52-0012
Lane, Carlisle
6. RACE
WHITE
00
Cumberland
PA
German
5,
NUMBER
OF THIS
MARRIAGE
BLACK
o
OTHEC:j':>t'CifY)
Locomotive Engineer
WIFE
a. MAIDEN NAME
(First)
(Middle)
{LasrJ
9. DATE
0'
BIRTH
(Month!
(Day)
(Ywr)
59
DANNER
WANDA
I.
JOHNSON
10
22
'0,
RESIDENCE
Street or R.D.
City. Bora, or Twp.
County
State
11. PLACE
0'
PA BIRTH
114 OCCUPATION
, ~etired
(State or Foreign Caunrry)
14
Svcamore Drive
3
Mechanic'sbura
1'3. RA
WHITE BLACK
IX] D
(Counry)
Cumberland
Pennsvlvania
12,
NUMBER
OF THIS
MARRIAGE"
OTHER (Sp,,"ci!yl
o
,",
PLACE OF
OFTHIS
MARRIAGE
NUMBER OF CHIL.
DREN THIS
MARRIAGE
NUMBER OF HUSBAND
CHILDREN TO D
CUSTODY OF
DATE OF DECREE
(State or Foreign ColJntry)
'6, DATE OF {Month} (Day! {Year!
THIS 02 01 97
MARRIAGE
1'~'HU~ND WIFE OTHER (Spoclfyl
0 0
17A.
Cumberland County, Pennsylvania
IT7B. NUMBER OF DEPENDENT CHILI'8. PLAINilFF
OR EN UNDER 18 HUSBAND WIFE OTHER (Spocify)
o 0 [XJ 0 0
WIFE SPl.IT CUSTODY OTHER (Specify)
D D 0
21,
LEGAL GROUNDS FOR
DIVORCE OR ANNULMENT
'0,
".
{Month!
(OilY)
(Yea")
23. DATE: REPOATSENT
TO VITAL RECORDS
irretrievable
(Month! !Dayl
breakdown
(Year)
24,
SIGNATURE OF
iRANSCAI8lNG CLERK
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LEONARD SCOTT JOHNSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
vs.
NO. 01-146 CIVIL TERM
CIVIL ACTION - LAW
WANDA I. JOHNSON,
Defendant
IN DIVORCE
AFFIDAVIT OF SERVICE
I, Lori K. Serratelli, Esquire, being duly sworn according to
law, depose and say that I served the Divorce Complaint in the
above-captioned matter, by depositing it in the United States mail,
Certified Mail, Restricted Delivery, Return Receipt Requested,
addressed as follows:
Wanda I. Johnson
14 Sycamore Drive
Mechanicsburg, PA 17050
The return receipt card is attached hereto.
Dated:
1/17/01
Lor K. Serratelli, Esquire
SERRATELLI, SCHIFFMAN,
BROWN & CALHOON, P.C.
2080 Linglestown Road
Suite 201
Harrisburg, PA 17110-9483
(717) 540-9170
Attorney for Plaintiff
Sworn and Subscribed to
before me this 1111- day
Of,f:).t)JI.JJ.{)...Mjj , 2001.
Uk.d( U(v/10".lJd~,-
NOTARY PUBLIC
My Commission Expires: !:), 7 -MO,/
NOTARIAL SEAL
DEBRA A. EVANGELlSTI, Notary Public
Susquehanna Twp., Dauphin County
M Commission Ex ires Ma 7, 2004
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LEONARDSCOTTJOHNSO~
: IN THE COURT OF COMMON PLEAS
: CUl\.1BERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs,
: No. 01-146 Civil Term
WANDA I. JOHNSON,
: CNIL ACTION - LAW
Defendant
: IN DNORCE
AFFIDAVIT OF CONSENT AND
WANER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DNORCE DECREE UNDER
SECTION 3301(c) OF THE DNORCE CODE
(I) A Complaint in Divorce under 3301(c) of the Divorce Code was filed on January 9,2001.
(2) The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing and service ofthe Complaint.
(3) I consent to the entry ofa fmal decree of divorce, without formal notice of the intention to
request entry of divorce decree.
(4) 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.
(5) 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, Sec. 4904 relating to unsworn falsification to
authorities,
1~29.0L
DATED
WLU~~-::]IZu~
WANDA 1. JOHNSON
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LEONARDSCOTTJOHNSO~
: IN THE COURT OF COMMON PLEAS
: Cillv1J3ERLANDCOUNTY, PENNSYLVANIA
Plaintiff
vs.
: No. 01-146 Civil Term
WANDA I. JOHNSON,
: CNIL ACTION - LAW
Defendant
: IN DNORCE
AFFIDAVIT OF CONSENT AND
WANER OF NOTICE OFINTENTION TO REOUEST
ENTRY OF A DNORCE DECREE UNDER
SECTION 330](c) OF THE DNORCE CODE
(I) A Complaint in Divorce under 3301(c) of the Divorce Code was filed on January 9, 2001.
(2) The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing and service ofthe Complaint.
(3) I consent to the entry ofa final decree of divorce, without formal notice of the intention to
request entry of divorce decree.
(4) 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.
(5) 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. ->r'\
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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. Sec. 4904 relating to unsworn falsification to
authorities.
f5~(-oz.-
DATED
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LEONARD SCOTT JOHNSON
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LEONARD SCOTT JOHNSON,
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
Plaintiff
NO. 01-146
WANDA L JOHNSON,
CIVIL ACTION - LAW
IN DNORCE
Defendant
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Reager & Adler, PC as counsel for the Defendant, Wanda
L Johnson in the above-captioned action.
Respectfully submitted,
Date:
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By:
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REAGER & ADLER, PC /
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Joanne . arrison CiOUgh,\Esq1iir~
ID #36461 I \
2331 Market Street . .\"
Camp Hill, P A 17011 \ I
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717-763-1383
Attorneys for Defendant
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LEONARD SCOTT JOHNSON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. 01-146
WANDA I. JOHNSON,
CNIL ACTION - LAW
IN DIVORCE
Defendant
CERTIFICATE OF SERVICE
I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served the
foregoing Praecipe to Enter Appearance by depositing a true and exact copy thereof in the
United States mail, first class, postage prepaid, addressed as follows:
Lori K. Seratelli, Esquire
Seratelli, Schiffinan, Brown & Calhoon
2080 Linglestown Road
Harrisburg, PA 17110
Date:Q-l~~
REAGER & ADLER, PC
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Jo Harrison Clough ( '-
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Counseling
Services
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960 Century Drive
P.O. Box 2001
Mechanicsburg, PA
17055-0707
Phone: (717) 195-0330
Fax.' (717) 795~0445
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TIYrrVU,I-800-654-5984
(Pa. Rday Service)
wWJ.v.dtakvn,org
7-27-01
A Program of
Diaktm Lutheran
Social Ministdes
Honorable George E. Hoffer
President Judge
Cumberland County Court of Common Please
I Court House Sqllare
Carlisle, PA 17013
Dear Judge Hoffer,
I am writing in regards to n from abuse, Carson Lee Walter
Sr., Defendant, who was ordere omestic violence program, Choices at
Tressler Counseling Services and to comply with any requirements of the program. Mr.
Walter was seen for two evaluations but cannot be admitted into the program due to his
refusal to di.sclose the name of his cunent partner. It is requirement of the program stated
in the program. contract that participants Il1USt disclose the nan:1es a.~d addresses of not
only the Plaintiff but also any current partner if not the same. At this time Mr. Walter is
considered non-compliance and if he continues to refuse to disclose the requested
information will be given an administrative discharge. If additional information is
required please feel free to contact me at 717-795-0330.
Mi.chael P. Cline LSW
Choices Program Coordinator
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CUMBEf,._Ai\jLJ COUNTY
PENNSYLVANIA
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cc: Carson Walter Sr.
37 Sandbank Road
Shippensburg, P A 17257
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LEONARD SCOTT JOHNSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: Cillv1J3ERLAND COUNTY,
: PENNSYLVANIA
v.
: No. 01-146 Civil Term
WANDA I. JOHNSON,
Defendant
: CNIL ACTION - LAW
: IN DNORCE
PRAECIPE TO TRANSMIT
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a
Divorce Decree:
1. Ground for divorce: 330I(c) of the Divorce Code.
2. Date and manner of service ofthe complaint: Certified Mail. Return Receipt Requested on
January 13. 2002.
3. (Complete either paragraph (a) or (b).)
(a) Date of execution ofthe affidavit of consent and waiver of notice of intention to request
divorce decree required by Section 330 I (C) of the Divorce Code: by plaintiff: 8-1-02 by
defendant: 7-29-02 .
(b)(I) Date of execution of the plaintiff's affidavit required by Section 3301(d) of the
Divorce Code: NIA
(2) date of service of Plaintiff's Affidavit upon the Defendant: N/A.
4. Related Claims Pending: No Claims Remain.
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5. (Complete either (a) or (b).)
(a) Date and marrner of service of the notice of intention to file praecipe a copy of which is
attached: NI A.
(b) Date Plaintiffs Waiver of Notice was filed with the Prothonotary: 8 - 7 -0 2
(c) Date Defendant's Waiver of Notice was filed with the Prothonotary: 8-7-02
Dated: ~
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Lori K. Sjfra lli, Esq.
SERRATELLI, SCHIFFMAN, BROWN
& CALHOON, P,C.
2080 Linglestown Rd., Suite 201
Harrisburg, P A 1711 0
(71 7) 540-9170
Attorney for Plaintiff
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