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Home My WebLink About01-2816 FX NOREEN C. JOHNSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA GEORGE M. JOHNSON, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE C,~~(/~ v. : NO. 01 - :JI>I b NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are wamed that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. Ajudgment may also be entered against you for any other claim orreliefrequested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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 LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 , ,.~ -"--',~'- ( - -" ',",,"'" ,ry-,'I'I~_~:_-"" '0;' .C"':"__'" . ='~_'."" .-;:-"".". .,.,-' " '"T', _ -'-,~" '-""~r",- "', . '''','-''':,,~-d~'- - . t v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA ; NO. Of.:2 SIt., C! .'1" NOREEN C. JOHNSON, Plaintiff GEORGE M. JOHNSON, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302( d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary ; .~ ',.J-<''--'-~-__'''''^''-?;-~ -, '_~I__~-_-,-. ;"-::' ----1"":'1'_, ~ c__'.-__.',_~ ~',-~" ~-. ''''''d'_ ~,,~,'~- _",o_.,'_~___m ',>lliV"-W- , v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : NO. 0(- ::z.'frll. Q.,-' NOREEN C. JOHNSON, Plaintiff GEORGE M. JOHNSON, JR, Defendant : CML ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE L Plaintiff is Noreen C. Johnson, who currently resides at 314 West Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is George M. Johnson, who currently resides at 100 Anderson Street, Apt. 727, Pittsburgh, Allegheny County, Pennsylvania l52l2. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months innnediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on July 3l, 1982, in York, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services ofthe United States of America or its Allies. 8. The marriage is irretrievably broken. 9. The Plaintiff has been advised ofthe availability of counseling and that the Plaintiff ,~ _ '4~Y,f"''''>-'"",_''To"r..''''.w-~'',,,^__ _7." _,~ .?I, <","',~""-'I-.ryl",:,,-,_,-qi""'_" _ ",-,-.~ ,.,o"~~_ ~ "" ,,_"'-""'"'_"<'__"" ~ ,_,." - - - -~~ . - ,_ _, '_"n_' ~ _ ~. "'~__~'"."_'"" , .,," J\,-,-: .'":""'~-it'>1f..T" ,- ~"-i1 -,,~ ,--. - '"' . ~'I...J - . may have the right to request that the Court require the parties to participate in counseling. The parties to this action have been separated since May 15, 2000. 1 O. Plaintiff requests the Court to enter a Decree in Divorce. COUNT n CLAIM FOR EOillTABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 11. Plaintiff and Defendant are the owners of various real and personal property, motor vehicles, bank accounts and insurance policies acquired during their marriage which are subject to equitable distribution by this Court. COUNT III CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE l2. Plaintiff is unable to support herself through appropriate employment. 13. Plaintifflacks sufficient property and income to provide for her reasonable needs. COUNT IV CLAIM FOR ALIMONY PENDENTE LITE. COUNSEL FlEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 14. Plaintiff does not have sufficient funds to support herself and pay the counsel fees and expenses incidental to this action. l5. Defendant is full and well able to pay Plaintiff alimony pendente lite, counsel fees and expenses incidental to this divorce action. '. """'"~-~ - _ -~:+:' ":":0',,;,;; ':;_"'_ ~~~ _ ,_ ----'I:T-- , --~ --"'. COUNT V CLAIM FOR AWARD OF EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE TO THE PLAINTIFF DURING THE PENDENCY OF TIDS ACTION PURSUANT TO SECTION 3502 (I;) OF THE DIVORCE CODE 16. The parties hereto have, during the course of the marriage, resided at 314 West Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania, wherein Plaintiff currently resides. l7. Pursuant to Section 3502(c) of the Divorce Code, Plaintiff requests the Court award to her, during the pendency of this action, the exclusive right to reside in the marit.al residence. WHEREFORE, the Plaintiff requests the Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; b. equitably distributing all property owned by the parties hereto; c. directing the Defendant to pay alimony to Plaintiff; d. directing the Defendant to pay alimony pendente lite Plaintiff's counsel fees and the cost of this suit; e. granting exclusive possession of the marital residence to the Plaintiff; and f. for such further relief as the Court may determine equitable and just. JAMES, SMITH, DURKIN & CONNELLY Date O,S-()Jt-Ol . ~,; ~,,','n,,"$,~_'''_~''_,,",,~,},_'~~'''''''5'l>'~''''_'''' _"'g,o~ ", (>;_.'I';'L,',,~_ '" - .;, '___"'-'~_'V,"!=?~'--__. _", _"=" ~ 'co' -' ''''-'-''''''''-'_"",~''''-;'''''''''''M , ., ; ~,','..,~ ,'......F~"""";.';r-' -., - VERIFICATION I verify that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of l8 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 05- DJ./- -{)J i i-;;,r. "'I -"" -7"" c-;{'-:_;"- . .~- .~:--I:"I,~'~' '.-"!-<---"~--'~',.- .-,,--.' --~,-",.-,. . ,-~--- '-~ --' ~ ~<) tf Ill!! ,~" <~",. ' .,- ~",I-,--_~-~, <~,- ,,-," _, __~.' ;~_} ~ _>~)',~,_",,.. - ;- ~ ~-, - , ''',", ,''c.'',,,",,,,,, ''''''''''~1 '" "WTiiili TlIilIirrnrr ""n'n~' IV (0 ~ ~ r- ~ '- I:k. * d> '- ~ 0 = 0 1l '1 C -~-1 Cr) .CI1 u~~ 3: d , J;-'~ . n.)f.... -~'-: 'ri "- ~ () d 2.~:r' -<: .'......- "- ~ C- O 2 ~J:: I " .h'1 "- C -.0 't-::j Uv I , Vi r--~.c- C) c" j;('"" -;:) '. -,,, _.-n '-J tv ~~ (.':"-, .>'(~-~ ~ ~ ~ ;t,'c ~) ':-:,fn -~'" "4 -t ,.. :,n :1;,. r ir =< :J~) Co.) -< ~ P: '-.("r'--.. r" ff "~~t'P''I-,~_'''o!!!f!ll~~$Jjl~$l~~''''~_''"r__;''r;';-7- -':-~---"'-::>'-:-_L~ ,\.,'''^'~" ~",," ~,~I " - ~ . . NOREEN C. JOHNSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 01-2816 CIVIL TERM GEORGE M. JOHNSON, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF DAUPHIN AND NOW, this ~;.ljJ.day of ~ ,2001, personally appeared before me, a Notary Public in and for the State and County aforementioned, John 1. Connelly, Jr., Esquire, who, being duly sworn according to law, deposes and says that a copy ofthe Divorce Complaint was served on the Defendant, George M. Johnson, Jr., on May l7, 2001 by certified mail number 7099 3400 0004 7298 1845, as evidenced by the return receipt card attached hereto and made a part hereof. Sworn to and subscribed NOTARIAL SEAL Jean L Kosier, Notary Public City of Hummelstown,County of Dauphin My Commission Expires Feb. 9, 2004 /."'l'.""",,", - ''OW,'',,'"', - ,,~'" <._"o_",-_~ ".'I"!I""I-.;"~__,,,,.._,__.,,""'&C"'___'. __'_''''''''''''''_'= , ,_ ~" ,',_~,,"~~.'.=.' - - ~_~ ..=, ~ . 0"- '- .. _.! "_ .'" "~" ~ ,~.""' "'0' . - ~ . cOrrtplilii>it.r!lS1, 2,and3.Aiso complete' It.m 4 ff'Restrictlld DllIiv.ry 1,_ d._irEld. . Print your nlOm. and add_ on !he reverse so that we can retllrn the card to you. . Attach this card to the backo! the mailpiaca, or on th. front ff _p.ce permits. 1. ArtIcle Addressed to: 6eqrye Vj/?,,~ /00 c.6?dC'rc.5"'c/C U'd. ~ar~tI 7~ 7 ~1. J?#s-~fY,{ $ /~ (f r"'"1 AJ . [J Addressee item 1? 0 YeS );J-No ce Type Certified Mail Cl Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) YeS .! ; . ,,*,",' ,! ( . . ~ Return 1l0000Pl 1025fl5.OQ.M'0911 Ten",%! .~I' ''''", ,~ 1""'1"-'"-" ,~, '-,-' ~ .~~, " ~"~'" lMJi C:o k.P '11 .. .,-" """'NW' ," 'Tlf ''iCmmm'1tli~'lrm'u' rlr Ii" ["t"ilifr o ?E -c.: "T: ;;~r B::,. -c" ~CJ Fe) bO >~ ~ ~~. " "'1,"~IlI!lllM~~@""i">_:,""""P'(""f"0"'",!"_1";"PN""'-''-''l'f'-'','''1'"."r,gH1-!i":i\'i~I~"1_"'~1"f'"i''''~':''',"i-,'~f"''''l!lr,~t'!H!l'J~!J~!MI~~ - NOV 1 5 2002 .~ NOREEN C. JOHNSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-28l6 CIVIL TERM GEORGE M. JOHNSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING L A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on May 9, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry ofa final decree of divorce after service of Notice of Intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling; and understand that I may request that the Court require that my spouse and, I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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.A. Section 4904, relating to unsworn falsification to authorities. , Plaintiff Date: II-01-0J.... ,'1["" I ~ >""?"_'~"!"';''?;''""':'._~' _,',0;_.,,".. '''... "c_ ,_~'->I'!"'I_~,,,;_'~ '. -_,_F~_.' _,~, _Co ,~"_q__ ,~,,,-.," - .-" "....., ~~, ., ,. ,.<, ,'," '.,'M' ~.._..'........" -^-. f_, L,._". ..~. "- , p~, : ","",: ",~_,'o~'1',t.~___"F - .'"', ~--, '>. /. '~ "' ", - - -~'. ",-, "~-,.-~ ". - ".:(,.~tr1i?i"jw':"j.t:-':;ld!' ,. - -". -\":--1';'-:',"" hl'''I.'I'I'']'~I''i''~fJt!rWr';;:' ~ <,'",,-"'-.--~' ;...,---. '.'_II!I- __ o C "7 -D(~' 17: r ~ ~;'-' ~C~ ~r~~ ?-~: ;:::! i"..) ;:2 C"':I o .... ::(i ,r:- -" ~, :J!lmIm~~~'7 -,:,.~~,~~!!'. --"-' ~ " f~n ''','-- "~ ,,-, ,-~,~ NOREEN C. JOHNSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. Ol-28l6 CIVII. TERM GEORGE M. JOHNSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRYOF A DIVORCE DECREE UNDER &330l( c) OF THE DIVORCE CODE l. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I lmderstand 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.A. Section 4904, relating to unsworn falsification to authorities. Date: j/-o1-0:z.., /'/ ( .". C! <~- d /~ ."' .- ,0 :-;_>.-t-~:--f rr':-~t,f'-""_'-"- '~', '~I" -'~'~;!"".,fl!'I",,-<;,-,__ ,__ <- 0" " ,__", . _ 0_ -~> , -,-, ,",'_F," -'C"" '" :,dJ ~VJ" '" ," "~",' "","'~'" . 'c_;___ " - , ,~ . - ,,,',""?"'J"-,LiC-'-- ~ ,," ~" ,'" ~, ~ " " .w ".,,' '''''''''"'''''''''"U'I']j''>'-'' Iml'] r""''If~Iil' o c: ~. ~~j cr,__,. -..... r:=: (:- :~c' :S2=~ -",' ~l .\!~W!!!1~jjJf~__._-;"'l~_ -(::) t\.) (-) -'I-i ~ :':3 c.: c:; r.:- -- "!""',I"'! -- 1 ~_i7""''''!;':1!!l'Il --"'-", ", _', '~" ---:"7"'" q,""'WV~"I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOREEN C. JOHNSON, Plaintiff ) ) ) ) ) ) ) CIVIL ACTION - LAW IN DNORCE NO. 01-2816 CIVIL TERM v. GEORGE M. JOHNSON, JR., Defendant DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under S330l(c) of the Divorce Code was filed on May 9, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301(0) OF THE DIVORCE CODE l. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. Date: 10/' r/.:z... . , " " ~, '! n " ':'[ "" () c '" Q) f~~ "~-- > -?',- (,0 -< [::: ,', ~r:; ...~,' ('~- -5"'; ~i .if' ",. '. ',:'., . "'"'-,~~ _'rl~~ ~"_ r""') N ," , , --=rl L'. 23 'iiiJili! ~ ~",.~ ,,!.,nI'1I:r:TJ~~MWl~~~'K~~Jffi1l[l:1lI~liIIt;1.w~;;l,f.I!wj'jliJWl'~B'h),;;!!i~'"jR~~V-'!~_;'"","'r,-; .~,,1fit~<{"'M!jl~f\!~~!ij[~t.s-,;ie~~~;\'*':>!%:!,,!>>~~~ , ~ . v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : NO. ~/ - /)''l/IJ; a/VII- fEtiYi NOREEN C. JOHNSON, Plaintiff GEORGE M. JOHNSON, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE Noreen C. Johnson, social security no. 210-52-6810 George M. Johnson, Jr., social security no. l6l-56-54l8 F,'__.. ',".'.r_;>,_ "~ ~~~-~ I!!lIII :r~ ':\ <~ , ~ "' d~ ~ ',' -,~ .. ~ ,'. ',' ,-- ." .-.. .-=",-,,, v_,,' , ~'""- '"-_",~ -""'rc'~"'''~,'' .. ",_,~__~.~_.'o_, ".. ',l\!!'" ,~ ,,!B!~,h"",l"~, ""'--""""-r"'""r - ~""~ - '--~-',' iiIIliljliiili11lliillrlli1'. , I i'll"i' (') C ~. 9itl: Zi~. ~]> i~.'. ;:t>~-~ ;::: ~....l -< (~) ~._.1 'T~ ~; -'I~ :? ~, I.,:" N co l._I,C'!!f,~~,_,__~,,,,, _ ,~_ <_,.,'e~ _ ..,J~ I -, 41 , NOREEN C. JOHNSON, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. Ol-28l6 CNlL TERM GEORGE M. JOI-INSON, JR., DEFENDANT : ClVlL ACTION - LAW : IN DNORCE PRAECIPE TO WITHDRAW CLAIMS TO THE PROTHONOTARY: Please withdraw the claims for Equitable Distribution, Alimony, Alimony Pendente Lite, Counsel Fees, Costs and Expenses and Exclusive Possession of the Marital Residence in the above- captioned divorce action. JAMES, SMITH, DURKIN & CONNELLY LLP Date: / / -;'0 -();J., , I'Ji'lI! ,. ~ , -", ~t- -_?'_~'__'>'~' --'f-,''''-'''''~ '''-'''~'';~ '-, _',' 'C:,,',,"'- '- 'f I"II!k-_:,''''~''''-, - <;S - '_-'0_",-' '^j;'-"- "I -~ ,. " -~ " ~ - -,--- ,",1 , -,'- ',"k'"r- ~-"' ~ d_',_ '" -J~-> , -c.. "~1"',"" I ~ iJ I I ,~ '..,1.,....'. i '....1.' ." .'~' ,..,....'. c:, ,'1 ~. ;" ,,_,_" <'.__c ,. ,_'" .. ...." .. Ok; ,..>,,~ '""" ,<<' ", ~ ,.,," ~,," ;'.i.~ ""> :"""- ,-"..", '''." '-- ," '-,,"""-S~" . "''''~'''''''~'''''''-'';;w.;..."" ""'C ,'~, ',,' (iU" ,~" "Iii It> r, '- ~, C) ;\.) ,- ''0 , -.-~) \) ;) .,;J [ '~.' ". _,,,,~~~~~!!\[~r'__~~,\Il!f,fI~~n "!,-,.r')'Y1-~~:rll-: ,~, ,~;"'''~!.~''1"l:rn,~~ . .....-.,".... ,. .. ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA v. ) ) ) ) ) ) ) NO. 01-2816 CIVIL TERM NOREEN C. JOHNSON, Plaintiff GEORGE M. JOHNSON, JR., Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Howett, Kissinger & Conley, P.C. on behalf of the Defendant, George M. Johnson, Jr., in the above-captioned divorce action. Date: It) ~ d I m y S. Conley, HOWETT, KIS 130 Walnut Street P.O. Box 810 Harrisburg, P A 171 08 Telephone: (7l7) 234-26l6 Counsel for Defendant George M. Johnson, Jr. .'",."~_"!lIU ", '_""">_':"'?_"'^,_~'_'_ _ _"~__ " .~, ,I"I,,~ ' , , ~r" -~,~ . _ ~"I-,' ,',' ' - .-.. J "( ~> !'W_ ~. .. "'~, ",-." . ". I~ f~"~'~ ... ""~;;It'l~R!~~!IBl!!S!l!UiIfJ!L <, ~, .' " -~ " " ~'''''_. '- ~"j"<l,-{.r" .,,;;;, 'I ".~, "tJil'j(]iH"-"~hls;-"h'Jltl\Wtt~rh'f:T't'n-r"rt'~}i~l. ... " (") C) C 0 "oS: '-;1 U; en ~n; .., <J: " -', E;" (I) , .-~ ~~~ 2; -?"5'- ,...,-- ':)(\ ",0 -0 -----1 _, ~O ~-- ~" '-"C :s: ~Ii~ p' ry C Z 'j;! :< (,;) :n -< _"7':'::"~ c Tql'i"',~fIiW'!\\jl11tl%lJ1:@\lW_;c~r..;'",,'\l(\ftM;f!!!!~~f.i~'f"J~~wm~~!f!ij!it~'IU'i~~ - NUUUTALSETTLEMENTAGREEMENT BY AND BETWEEN GEORGE M. JOHNSON, JR. AND NOREEN C. JOHNSON Cindy S. Conley, Esquire HOWETT, KISSINGER & CONLEY, P.c. 130 Walnut Street P.O. Box 810 Harrisburg, P A 17108 Telephone: (717) 234-2616 Counsel for George M. Johnson, Jr. John J. Connelly, Jr., Esquire JAMES, SMITH, DURKIN & CONNELLY 134 Sipe Avenue Hummelstown, P A 17036 Telephone: (717) 533-3280 Counsel for Noreen C. Johnson .,,~~ . 7,~ - c'-'" ~-',-~- ~ ,.... -, ,-- " . I""I'~ " " ~_,' ~ _.>,_,,_ ,_~_ ..._ _~_I' ,_ -, I - ,,'~ MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made thi~y of ;}~ ,2002, by and between GEORGE M. JOHNSON, JR., of Cumberland County, Pennsylvania, and NOREEN C. JOHNSON, of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, George M. Johnson, Jr. (hereinafter referred to as "Husband"), social security number l6l-56-54l8, was born on February 7, 1961, and currently resides at 1447 Hillcrest Court, #3ll, Camp Hill, Cumberland County, Pennsylvania, l70ll. WHEREAS, Noreen C. Jolmson (hereinafter referred to as "Wife"), social security number 2l0-52-68l0, was born on November 19, 1958 and presently resides at l607 Gray Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. WHEREAS, the parties hereto are husband and wife, having been lawfully married on July 31,1982 in York, Pennsylvania; WHEREAS, the parties have lived separate and apart since on or about May 15, 2000; WHEREAS, six children were born of the marriage between the parties, namely Noreen M. Johnson, born January 23,1983; G. Mark Johnson, III, born July 8, 1984, Brendan A. Johnson, born December 21, 1985; Daniel P. Johnson, born July 2, 1988; Brian T. Johnson, born October 3,1989; and Ian M. Johnson, born July 20,1991. WHEREAS, 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, the settling of all matters between them relating to the ownership of real and personal property, 1 "~"""l ""co-->-;- '~,"_'" _~ ~ _', ,'-,''''__ "1"[" "0" _.~I,', "~ --,~ .. the support and maintenance of one another 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 these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each ofthe parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection (Cindy S. Conley, Esquire for Husband and John J. Connelly, Jr., Esquire for Wife). Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact ofthe Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs oflitigation. 2 ''-'1;,:<''P' - : - .~,~ '~__~'_"'"'"',,,,;_,,,~,, _", _,_ ,~ ", ,. '''.', . ,'~I~" " , -, ~T . '-." 1 ',,- " - 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each ofthe parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real andlor personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3 "'~ '< r_l~ ~-,< ." '.' ,-. , - -' ~--~ ,- - -<- ,." - 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or 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. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. The parties acknowledge that on May 9, 2001, Wife filed a Complaint in Divorce in the Court of Common Pleas of Cumberland County, Pennsylvania docketed at No. 200l-28l6 Civil Term. The parties agree that simultaneously with the execution ofthis Agreement, each will execute an Affidavit of Consent and Waiver of Notice ofIntention to Request Entry of Divorce Decree and forward same to counsel for Wife who shall file said documents of record within ten (10) days along with any and all other documents necessary to precipitate the prompt entry of a divorce decree. 5. EOUlTABLE DISTRIBUTION. (a) Marital Residence Proceeds. The parties acknowledge that at the time of separation they were the titled owners, as tenants by the entireties of that certain house and lot and all improvements thereupon situated at 314 West Meadow Drive, Mechanicsburg, 4 -,-~ -c.-,'"',","',.__, ". ~y,,~_~P!'l'1 '..0_, _, ",_.~__.. , ~__ Cumberland County, Pennsylvania (hereinafter referred to as the "Marital Residence") which was sold after separation. The parties further acknowledge that the proceeds of sale of the Marital Residence of Eleven Thousand Thirty Dollars and Ninety Cents ($ll ,030.90) were paid to Wife and that said proceeds shall remain her sole and separate property free and clear of any right, title, claim or interest of Husband. Moreover, the parties agree that Wife shall be entitled to claim the mortgage interest/tax deductions related to the Marital Residence for the 2002 tax year. (b) Furnishinl!s and Personalty. The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings and personalty currently in his possession, free and clear of any right, title, claim andlor interest of Wife and Wife shall retain all items of furnishings and personal property currently in her possession as her sole and separate property free and clear of any right, title, claim andlor interest of Husband. (c) Motor Vehicles. (1) Husband agrees that Wife shall retain possession of and receive as her sole and separate property the 1999 GMC Suburban automobile and a 1998 Isuzu Rodeo automobile (which Wife will maintain for use by the parties' children) currently titled in the joint names ofthe parties, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnifY and 5 hold Husband and his property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with any vehicle belonging to Wife by virtue of this subparagraph. (2) Wife agrees that Husband shall retain possession of and receive as his sole and separate property the 1994 Volvo 850 Wagon automobile, currently titled in the joint names ofthe parties, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with any vehicles belonging to Husband by virtue of this subparagraph. (3) The parties agree that they will cooperate in effectuating the transfer oftitles and insurance to accomplish the purposes of this subparagraph. (d) Life Insurance. Except as provided for herein, the parties acknowledge and agree that each shall retain as his/her sole and separate property, any and all life insurance policies in his/her name, free of any right, title and interest of the other party. (e) Pension and Retirement Benefits. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 40l(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits andlor beneficiary designations thereunder. The parties 6 agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. (1) Miscellaneous Pronertv. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (g) Provertv to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. this Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. (h) Pronertv to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms ofthis Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 7 ~:, ___l'e -- -,-<~~~- r _~_,,~~<_ ,-" ,I"I '-"..j',_' 1 ". e-_I "~ (i) Liabilitv not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnifY and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. (j) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnifY her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. (k) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnifY him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and actual attorney's fees incurred by Husband in connection therewith. (I) Warranty as to Future Oblie:ations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, 8 '-I~""R"'~-'-'r,. -~- -, '" ,.,- .- d?lo" "1 , .". -1 .~ property or estate may be responsible. From the date of 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 which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred. in the event of breach hereof. 6. SUPPORT. A. ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT. Except as provided below, Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support andlor maintenance or other like benefits resulting from the parties' status as husband and wife. Except as provided herein, the parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court oflaw or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. The parties acknowledge that prior to execution of this Agreement Husband paid to Wife on or about July 25,2002 the sum of Thirteen Thousand Nine Hundred Sixty Nine Dollars and Ten Cents ($13,969.10) which sum constitutes alimony paid by Husband to Wife in 2002. vto..."",L...e. Thereafter and notwithstanding the above, effective on ~t 1, 2p02 through May 31, 2004 ~~/~;r. Husband shall pay to Wife the sum of One Thousand Dollars {d;l,OOO)!>er month as alimony; commencing June 1,2004 through June 30, 2006, Husband will pay Wife the sum of One 9 ". ~-- -,. -p,,--.- ,-.,-, 'r: ;,!I!!!I", ,,'~"," , ,," ~ Thousand Seven Hundred Fifty Dollars ($l,750) as alimony; commencing July l, 2006 through May 31,2008 Husband will pay Wife the sum of Two Thousand Five Hundred Dollars ($2,500) as alimony; commencing June 1,2008 through August l, 2009 Husband will pay the sum of Three Thousand Two Hundred Fifty Dollars ($3,250) per month as alimony. Said monthly alimony payments shall terminate upon the first to occur of the following: (l) The expiration ofthe alimony term; (2) Death of Husband; (3) Death of Wife; (4) Wife's remarriage; or (5) Wife's commencing a child support action against Husband ;" myj.m.dkti= ~ ~ ~ '"" ~~ I. ~ ~ 7i4 The alimony provisions provided for in this Agreement shall be subject to modification by the Court only in the event Husband suffers an involuntary reduction in income. In addition, all alimony payments paid pursuant to this paragraph are to be deducted by Husband on his federal income tax returns and claimed by Wife as income on her federal income tax returns. Kw....J.c.e. B. CHILD SUPPORT. commenCing~t l, 2;;02 and continuing until May 31, 2004, Husband shall pay to Wife the sum of Three ThOU~ 6:1~~ ($3,000) per month as child support. Commencing on June 1, 2004 and continuing until June 30, 2006 Husband shall pay Wife the sum of Two Thousand Two Hundred Fifty Dollars ($2,250) per month as child support. Commencing July l, 2006 and continuing until May 3l, 2008 Husband shall pay Wife the sum of One Thousand Five Hundred Dollars ($l ,500) per month as child support. Commencing June 1,2008 and continuing until July 20, 2009 Husband will pay Wife 10 '~"i''''~,"",_' ,-.' "." ,,<-,,'" ~', " ~I~-~'- .' . ,._o,.,""',_'!_ '," r - the sum of Seven Hundred Fifty Dollars ($750) per month as child support. Thereafter, Husband's child support obligation shall terminate. The parties specifically agree and acknowledge that these figures includes Husband's proportionate share of the minOT children's Catholic School tuition and their orthodontia expense. Wife shall be entitled to utilize the children's exemptions so long as she is able to do so. In the event any child dies prior to reaching the age of eighteen (l8) and graduating from high school, the parties agree that the child support obligation will be reduced by Seven Hundred Fifty Dollars ($750) per month. Husband shall continue to provide health insurance coverage for the minor children through his place of employment so long as it is available at reasonable cost and the children are eligible to be covered regardless of age. Any uninsured medical expenses of the minor children over the first Two Hundred Fifty Dollars ($250) per year per child for which Wife shall be solely responsible (excluding orthodontia expense which has already been dealt with in the child support amount), shall be paid by the parties with Husband paying seventy (70%) percent of said expenses and Wife paying thirty (30%) of said expenses. C. SUPPORT PAYMENTS SECURED BY ALIMONY. For so long as Husband is required to pay Wife alimony andlor child support pursuant to this Agreement, he shall maintain a life insurance policy naming Wife as beneficiary in an amount necessary to pay any outstanding alimony/child support obligation due Wife pursuant to the terms of this Agreement at the time of Husband's death. D. DUE DATE OF PAYMENTS. Husband shall make his child support/alimony payments in two (2) equal monthly installments with the first (l'~ installment due the first (l s~ day of the month but which shall not be considered as late until after the fifth 11 h~,!"",,_~, ',' ,;<;, _Y'~",,_,_,__:. -''''~''i~"_''-'i-' -~ ,_ r"'l .,"~ c ?- "'-.1"-- ~ ,~ . ~, ,> .- (5th) day of the month and with the second (2nd) installment being due on the fifteenth (15th) day of each month with said instalhllent not being considered as late until the twentieth (20th) day of each month. In the event Husband is consistently late in making said payments, Wife shall have the option, but not the obligation, to request the Cumberland County Court of Common Pleas to enforce said support obligations. However, the parties specifically acknowledge that payment through the office is not intended, nor does it confer upon the court, any authority to modify the terms of the alimony as set forth in this Agreement. Rather, payment through the Domestic Relations Office is provided for enforcement purposes only. 7. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation andlor the dissolution of their marriage, and the preparation and execution of this Agreement. 8. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 12 .,~ ,,'-, ~ " . -, ,::",-'-,",~, ,'" '-,-' -r"1 ,. IUJ,> B:~-~=' =.. ~ "" -, 9. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, fmal pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 10. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to 93502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this 13 i ~t~~ .ill, , ",'1"', "" ,'~ ~" .' ." "'. "", _." , I -''''1- ,., '_.' '.i__'_ _"pO_'" " , Agreement. Husband and Wife shall hereafter ~wn and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely . and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a 14 - 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 Pennsylvania, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 11. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 12. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 13. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. l5 '/Ni~;,.~,<. . .' ,_ :.c;,,,,,,,_'o'i,, 0,_. _ ..,,~,_. pl!ll~t , ."_ "n "~, -. 14. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 15. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 16. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: George M. Johnson, Jr. 1447 Hillcrest Court #311 Camp Hill, PA 17011 and to Wife, if made or addressed to the following: Noreen C. Johnson 1607 Gray Drive Mechanicsburg, PA l7055 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 16 "-.,. '. '" -~-' -r 1""";' . ,,~I!'I'II - - ~ -, " ,~ - 17. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict oflaw rules applicable in Pennsylvania) in effect as ofthe date of execution of this Agreement. 18. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or ifnot on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 19. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 20. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event ofthe parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 21. HEADINGS NOT PART OF AGREEMENT. Anyheadingspreceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 17 '''!~i!lfIIl.~, ''I' " '-~' ,-~ ". ','1.-- I'lll--" --~ ,-' "'," 22. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 23. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subj ects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 24. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 25. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity 18 -'''Il.." {-","".'",. _.<" <>. ''^'',>"._o' !'---~:'_._.,'!I .-I....Ire-' , '"" 0' -, under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. a~",.;tt;?yj WITNESS 1"1-<A~~ ~~__}. GEORGE . JO ON, JR. *j)jg~~It) WI SS ~o4L- NOREEN C. JOHNSON , , Ii 19 '"'ft. -, ." -,~-:" -, .. -1--, .< - - ~" ~, <ol'!!'!11,,', '-r ,.r-", ' " -, - " . , . . ~ COMMONWEALTH OF PENNSYL VANIA COUNTYO~~~ ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared GEORGE M. JOHNSON, JR., known to me to be the person who executed tlle foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ({)~ d.- 18' day of ,2002. ~~4 Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: Pf1rf<x.IFr L.. ~S~ffN My commission expires: / -.l.S- -{} S- Notarial Seal Patricia L. Rojohn, Notary Public EastPennsboro Twp., Cumberland County My Commission Expires Jan. 25, 2005 Member, PennsylvanlaAssocrationotNotaries 20 ^'~~, , -~ " ~ " """.r~"r:~~,-,'_,'",=,,,_", ""-', '-1 "" Y~":"'"I~I -, , ,~ t'-',-!",:-,?, 1'-', ' .- ~ -,,- COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND On this, the J.5lA.-dayof J ~ , 2002, before me, a Notary Public, personally appeared Noreen C. Johnson, known to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, 1 hereunto set my hand and official seal. ~ 1iT~P~~ NOTARIAL SEAL Jean L. Kosier, Notary Public City of Hummeistown,County of Dauphin My Com!'nission Expires Feb. 9. 2004 "1':-.,~",~ 1, _" ,C.-. . '-Cd_'_" ,-'___~__, '-,' I' -"-,-1'1"_"":--- " -.r- -~ -",-. ~~ - ~~. k:t ',L - ~~..- , -".~~~ -. ., ~,-"~ "~~.,- ..., ""< ~~ - ~~, ,~_ ^1!'l""'"- ".'U.'"'_ "..' ,,"'"""'n<""'...._'"" 'iruI .' . -;:')1'--: n C~. c:; C'V '\:"" <',3 1~'0 ~.~) :.n [.,.2- IIr III 111I ',TW' o -" J qJll!~""."\\,~""li~~'!O'~"'#."'A,'";~;'''f':'~i'F')l!'~{~~~_~~''"._Oc,~~<~_; ... .... NOREEN C. JOHNSON, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA v. : NO. Ol- 2816 CIVlL TERM GEORGE M. JOHNSON, JR., DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section (XX}330l(c) () 330l(d) of the Divorce Code. 2, Date and manner of service of the Complaint: May l7 200l by certified mail no. 7099340000047298 1845. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Sectio11330l(c) of the Divorce Code: by Plaintiff: November 7 2002 Defendant: October 18, 2002. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 330l(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: All claims of record have been settled pursuant to a Marital Settlement Agreement dated October 25, 2002. 1...- , 'I '.-", .1 '0," ;,~,_;~;,<~-;,,,,,,_:,},",,,,_-ry-",,';o""- ~p___' ,J--"\",,-_,-,-_"~'::FI:"'1)-_ \ . -,'" ~,'__T" __"~ u~, _ I' - - '^ ,~ : -- --~,- ,,-~-",,"~-'- - ~ __ .~_ '~"'.'__ '-, -?_1'-,-"_,,"_ o. ,__~ .. 5. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 330l(d) of the Divorce Code: or, date of execution of Waiver of Notice ofIntention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff: November 7, 2002; by Defendant: October 18, 2002. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: Both Waivers were filed on November 13,2002. JAMES, SMITH, DURKIN & CONNELLY LLP Date: / 1- ~() -()~ I,; . I' ,>,,~:-)~ .:"..s -~-~ .. " '.. .,\'~! <'r"r:':,:-- -'~"-'-'-~ ,_"""'J'__~ . "I -~""",,_~o _._," __",'"', ,~ '. ",~ "d~~_=~_... . t I I i I !~, 'C , ~ . . .~_~ __ _. n_'." ,-",,,. -- "-.-,~,,.,,-,' ~-- -... , h" d.'.'. ~j, ;~"_'~," _C_- _ '~ ,"_,,"o/:~-~-';' ",.",',"'" ""iI1.tli""tlmjil~" "'''j ~Clf"-)> nl ~;:. l >lfillll'lirl'rJl~r"'ll" n ~~~ '. r~..:' no I~.,;) ~-_, <_11 (;) II! <>~~,,_>:_,_:__, _'~1 ,'~ tJ)~,_~-~H--,>,,_,,!.~'R'!<' -- ~Q~~"n,~_ ~"":'"l'-"f'!?~._r_.._:,/,:,',__,:. ":--~~-"""'~-"'-~-'- ':",-' "'-' . .. . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . STATE OF . . . . PENNA. NOREEN C. JOHNSON, . Plaintiff NO. 01 - 2816 Civil Term . . VERSUS . . . GEORGE M. JOHNSON, JR., . . . Defendant . . . . DECREE IN DIVORCE AND NOW'~ -.tw- z"t., ,..,,, J- 4-',0+(>. : IT IS ORDERED AND . . DECREED THAT Noreen C. Johnson , PLAINTIFF, . . . . . AND Georqe M. Johnson, Jr. , DEFENDANT, . . . . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None . . . . . . The attached Marital Settlement Aqreement is hereby incorporate ~ . . . . . . . . . . . . J. . . . . . . . . . . but not merged, into thi~ n~~rpP in nivnr~~ w':_~.,_,,4",_O, "--~ ''':' -!' ," 'I' [ 'I "')"_ "_, "1 , '-, - --. "-'''-^'~~1i@j"~iil!t\~!*;,-!Y''''''-'~'TI ~fIMii_[!fo-."":""~iiiIllIitIIi~~~"'''llf~'I,' 1(' ;J 7.{).) //'.:;)/.0,) e.iJi!1lflll!' ,""" . ,,< .,.",.","" ."'~__ r...~ . = .~ "" _ ="..~.~_._ ~,_~, = ,"~ .. , ~., ~~ . ~- .~ - ~. - " ~I =~ ~ .',# !. . . " M~'~~"4~ '714 ~-zu1J ~ " _ ~'o~ :!d 'S'3 :~