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HomeMy WebLinkAbout99-02199 , , , , . . o1...>>.?'t1 &./ dpj?' ,..,~~ ~ a4~ ';;.;)$'. C'~ '- -" - /1 -, .~ ~ /I~l2c; //(.4.#,/ ~. 4'-<' (0 ? i " !, , I. t. ._- - f'tj- )Jfq PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this I' J I ( day of ~b... l.P_.._ 1:,. ~ 1999, between ANGELA R. JOHNSTON, hereinafter called "WIFE" and CARL F. JOHNSTON, hereinafter called "HUSBAND." WITNESSETH: The parties hereto, being HUSBAND and WIFE, were lawfully married on July 14, 1990 in Newport, Pennsylvania; There were three children born of the parties whose names and dates of birth are as follows: MARAH RENEE JOHNSTON ZACHARY GARY JOHNSTON MALLORY ELAINA JOHNSTON Born July 27,1987 Born February 4, 1991 Born March 19, 1996 HUSBAND and WIFE have shared legal custody. A Stipulation for an Agreed Order of Custody will be filed simultaneously with this Marriage Settlement Agreement; WIFE is represented by Mindy S. Goodman, Attorney at Law and HUSBAND is represented by John J. Connelly, Jr., Esquire, of the law firm of James Smith Durkin & Connelly LLP; and Diverse and unhappy differences have arisen between the parties, and it is the intention of HUSBAND and WIFE to separate 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 speciflcation: the settling of all matters between them relating to the ownorship and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of 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 of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: 1. INCORPORATION 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 DIVORCE PROCEEDJNGS 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 2 . , 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 of the 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 3301 (c) of the Divorce Code in a Dauphin County divorce action. The parties shall execute Affidavits of Consent upon the expiration of the mandatory gO-day waiting period, 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 that 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. Each party maintains his or her contractual remedies as well as J court ordered remedies as the result of the aforesaid incorporation or as othelWlse provided by law or statute. Those remedies shall include, but not be limited to. damages, resulting from breach of this Agreement, specific enforcement of this 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. 6. DATE OF EXECUTION The "date of execution" or "execution date" of this 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 of this Agreement unless otherwise specified herein. 8. WAIVER OF APPRAISAL AND INVENTORY The parties acknowledge and agree that HUSBAND and WIFE have each made a full and complete disclosure to the other of all information pertaining to the parties' separate and marital property owned, possessed and/or controlled by 4 11. MUTUAL RELEASES HUSBAND relinquishes his inchoate Intestate right In the estate of WIFE, and WIFE relinquishes her Inchoate intestate right in the estate of HUSBAND, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quitclaim, and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of and from any and all claims in the nature of dower and curtesy or 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 lifetime conveyance as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of the Commonwealth of Pennsylvania or any other state or any country, as well as any and all other claims, demands, damages, actions, causes of actions, or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by said party prior to and including the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement, and shall in no way affect any cause of action in absolute divorce which either party may have against the other party. I 6 12. MARITAL AND NON.MARITAL PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the marital and non.marital assets including but without limitation, business interests, jewelry, clothes, furniture, stocks, bonds, pensions and other assets wherever situated whether real. personal or mixed, tangible or intangible, and HUSBAND agrees that all assets in the possession of WIFE shall be the sole and separate property of WIFE; and, WIFE agrees that all assets in the possession of HUSBAND shall be the sole and separate property of HUSBAND. Additionally, there are several items of personal property belonging to HUSBAND that remain in the marital residence. These items include gifts purchased by HUSBAND'S family, HUSBAND'S family heirlooms, and items that were hand. made by HUSBAND. These items may remain in the marital residence and will be stored for HUSBAND until HUSBAND desires to move these items from the marital residence. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. 7 '. 13. REAL ESTATE The parties jointly own property located at 742 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043, Said house is encumbered by 8 first mortgage and home equity loan In favor of PSECU with outstanding balances of approximately $35.000, Said property shall become the sole and separate property of WIFE, WIFE shall refinance the mortgage and home equity loan and remove HUSBAND's name from both, Upon successful completion of the refinance, HUSBAND shall transfer his interest in the property to WIFE by execution and delivety of a Special Warranty Deed. 14. AMERICAN EXPRESS ACCOUNT It is the intention of the parties that the monies held in the American Express Account shall be preserved for the education of the parties' children. WIFE shall serve as the fiduciaty of this account. Wife may, under emergency circumstances, use these monies for other AR:r than the education of the children should the use of the moies for emergency ARJ purposes benefit the children.15. DEBTS q~::; The debts identified in Paragraph 13 are the only obligations remaining between the parties, and no other obligations have been incurred for which the other would be liable. Each of the parties hereto covenants and agrees to assume full responsibility for and to pay all debts and obligations of whatsoever kind or nature incurred indiVidually by that party prior to the day and date of this Agreement, and each of the parties hereto hereby covenants and agrees to 8 '. Indemnify and defend the other party and r.ave him or her harmless from all liability or claim on account of said debts and obligations from and after the date hereof. Any and all credit card accounts In joint names shall be closed, and all joint checking and savings accounts shall similarly be closed. Each party has the right to open new accounts in each party's individual name. 16. PENSIONS HUSBAND has a Teamsters Pension with ABF Freight presently valued at approximately $61,000. HUSBAND shall retain ownership of the entire amount of the pension. WIFE presently has no pension or retirement benefits in her name. Each party hereby waives any and all claims that he or she may have against the other to any pension, employee saving or other stock benefit program of the other, if applicable. Each party shall execute the paperwork necessary to relinquish his or her interest in any pension, employee saving or other stock benefit program of the other. 17. AUTOMOBILES WIFE shall retain sole and exclusive possession of the vehicle she is presently driving, and HUSBAND shall retain sole and exclusive possession of the vehicle that he is presently driving. Each of the parties shall be solely responsible for any and all encumbrances on the vehicle he or she is retaining <) and shall defend and hold the other harmless for any and all encumbrances on their respective vehicles. 18. FUTURE OWNERSHIP OF PROPERTY Each of the parties hereto may hereafter own and enjoy, independently of any claims or rights of the other, all items of personal and real properly, tangible or Intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively in all respects and for all purposes as though he or she were unmarried. 19. MUTUAL RELEASES The parties hereto acknowledge that under prevailing Pennsylvania law they each have certain possible fiscal rights, including but not limited to the following: spousal support, alimony pendente lite in the event of a divorce, permanent alimony subsequent to a divorce, recovery of counsel fees, costs and expenses in the event of a divorce, and the equitable distribution of marital properly, as well as the right to seek discovery of assets through interrogatories and/or depositions. It is the intention of the parties hereto that except as othelWise provided herein, all of the foregoing rights and remedies are hereby waived and forever released and that this Agreement shall have the effect of a final Order of Court relieving each party of the obligation to the other for any and all of the foregoing possible rights and remedies, except as othelWise provided 10 herein. Specifically. both parties covenant and agree that: both waive, release and forever relinquish their respective possible rights of spousal support of, from and against the other party; neither party will at any time seek alimony pendente lite, alimony, counsel fees, costs or expenses from the other party; neither party will seek discovery of assets; and the parties have effected an equitable distribution of their marital prcperty and neither will seek further distribution by any action at law or in equity. 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 of this Agreement. 21. 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. 22. LEGALLY BINDING It is the intent of the parties hereto to be legally bound hereby and this Agreement shall bind the parties hereto and his or her respective heirs, executors, administrators and assigns. 11 23. COSTS TO ENFORCE In the event that either party defaulls in the performance of any duties or obligations required by the terms of this Agreement, and both extra-judicial and judicial proceedings are commences 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 proceeding. 24. AGREEMENT VOLUNTARILY AND CLEARLY UNDERSTOOD Each party to this Agreement acknowledges and declares that he or she respectively: a. Is fuliy and completely informed as to the facts relating to the subject matter and their Agreement as the rights and liabilities of both parties; b. WIFE enters into this Agreement voluntarily after receiving the advice of Mindy S, Goodman, Attorney at Law, and HUSBAND enters into this Agreement voluntarily after receiving the advice of John J. Connelly, Jr., Esquire; c. Has given careful and mature thought to the making of this Agreement; d, Has carefully read each provision of this Agreement; e. Fully and completely understands each provision of this Agreement, both as to the subject matter and legal affect. 12 25. AMENDMENT OR MODIFICATION This Agreement may be amended or modified only by a wrl<<en Instrument signed by both parties. 26. 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 of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 27. LAW APPLICABLE This Agreement shall be governed, construed and enforced under the statute and case law of the Commonwealth of Pennsylvania. 28. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the paragraphs and subparagraphs herein, 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. 13 .... 5. DaJc Plaintiffs Waiver of Notice in 3301 (c) of the Divorce Code was executed: _1;1.-25~99 __' 6, Date Defllndant's Waiver of Notice in 3301 (c) of the Divorce Code was executed: _~:U ~Op_' Respectfully submitted, \ ~- ( (' , . -I"-'--".~\ '-~ ."_""""'-",:."" Mindy S. Goodman Attorney at law ID No. 78407 2080 linglestown Road Harrisburg, PA 17110 (717) 540-8742 Attorney for Plaintiff Date: 7.::..! e - ~~. C) '; ..... l"~ ...... ""i!",j "- C'::' CJ '-; :,.) , ... ( { { ~ :>- ~ 0; .::r r== cry ~s: lJ.IQ ~~r ~,- '- 2: ':.J:ff.: is: :);::j ..;-~ c':~. a :~rsJ u; N ;~z (~:l, ; ,,:~ ..~: '~JI.U j:" -, :;E"- !.J., e:, ~ () <:.:I (J ...... ~ (J; -"' ~ ~ tU;:-: l-'" o~ -z ()~ :c 0;.;: c:S--' Co... r:)2j ~.3~: "- <::> .~;.o, c..)! eo." ._')~ L..: ~;;. ~t.16J j~ ~- ...: ~~4.::t. - -, --. <:0 ::'1 U CJ 0 >- E; l~ -" ;s UJ ~::? .y) i3;1i ( ) '.~'.~ :c u~ i ~:() '-!- . a..... >. Cl5! {.?\-- " .'.." C> :;?tf) i::- '" ,)2 ...,-Z -. :tito " ~~: ~n a.. ..;~ C) ':;:0 _. CJ U '! '.:..~~7:,i~;~1'~~'1'?'~'~:~:f':;~',,~; ;"','.....:~".';" ,'~.....J.,_- ",' ,..,,,..< '" ""'.'~"~' ,.~~-t:?'~"'ttt":,~it~~~.~, ~. .c , MINDY S. GOODMAN ATTORNEY AT LAW 2080 L1N.GLESTOWN ROAO HARRISBURG. PA 17110 TELEPHONE FAX (717) 540-8742 (717) 540-8743 (j, . APR 1 6 1999~ -_..__._~_.. -~""~'r.. '-, ',.~ ..., ,'....;......;,...:.,.,':....;,....".. .. " 5. The Plaintiff and Defendant are sui juris, and both have been bona fide rell/dents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this Complaint. 6. The Plaintiff and Defendant were married July 14, 1990, in Newport, Perry County, Pennsylvania. 7. The Plaintiff avers that there are three children born of the parties under the age of 18, namely: Name: Date of Birth: Marah Renee Johnston July 27,1987 Zachary Gary Johnston February 4, 1991 Mallory Elalna Johnston March 19, 1996 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the prOVisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its Amendments. 9. The cause of action and section of the Divorce Code under which the Plaintiff Is proceeding is: 23 Pa. Cons. Stat. ~ 3301(c) or, in the alternative, 23 Pa. Cons. Stat. ~ 3301(d). The marriage of the parties is irretrievably broken. 10. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 4 " COUNT" ALIMONY PENDENTE lITE. SUPPORT. COUNSEL FEES AND EXPENSES 15. Paragraphs 1 through 14 of this Complaint are incorporated herein by reference as though set forth In full. 16. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case, in the employment of counsel, and the payment of costs. 17. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency ofthis action. 18. Plaintiffs income is not sufficient to provide for her reasonable needs and pay attorneys' fees and the cost of this litigation. 19. Defendant has adequate earnings to provide support and alimony pendente lite for Plaintiff and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff requests Your Honorable Court to compel Defendant to pay Plaintiff alimony pendente lite, support, counsel fees, costs and expenses of this action. 6 COUNT III ALlMON,! 20. Paragraphs 1 through 20 of this Complaint are Incorporated herein by reference as though set forth in full, 21. Plaintiff lacks sufficient property to provide for her reasonable needs. 22. Plaintiff is unable to sufficiently support herself through appropriate employment. 23. Defendant has sufficient Income and assets to provide continuing support for Defendant and to pay her alimony. WHEREFORE, Plaintiff requests Your Honorable Court to compel Defendant to pay Plaintiff alimony. COUNT IV CUSTODY 24. Paragraphs 1 through 23 of this Complaint are incorporated herein by reference as though set forth in full. 25. During the past five (5) years, the parties' children have resided in the marital residence at 742 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 7 . ,- -'" cr ~ ;:~ lJJ''--' .. .': ( , ~ . ~ . " fCI ~ , J , ' '.. . (~-'l-, .:... .' C).- ,..., . ; lL'L.. .: , f;: " C..: ./. I~: " .. :"t ,.. .....,;:; :i... 0 en ,,5 a-. 0 ~ '. jJ '<) . ~Ic) ~ ~ ~ ~ :J r, C) ---=r a ~ f'c) ... ~ ~ ~ ~ ~ ~ ~ ft ~~~ c:; 0 - ~ .'" t~ " v >- ..3' ~ ~ Si 0 ~ "'t. ~ ...... M I.uQ :J:g; ~ III 0- ( )/. -,- U~ ~ ;~...t:. "'- ,~!:-,'. c.;: C,!....:, C-1::i ;) - , ' ..0 <,li:; '" c.-"l, ll;'. I .:JZ \'I. ~ .-', .,"-., ,-~ -'- , ::5 '_Uw C!.le.. , -; :;,; tL => U 0 () .... ANGELA SHEAFFER IN TilE COURT OF COMMON pLEAS OF CUMIlEIH.ANIl COUNTY, pENNSYJ.V ANIA PLAINTIFF v, 99.2199 CIVII.A<T/ONLAW CARL JOHNSTON DEFENDANT IN CUSTOIlY ORDER OF COURT AND NOW, FrIday, February 01, 2002 . upon considcrntion of the attaehcd Complaint, it is hereby direeted that parties and their respective eounsel appcar before Mell..a p, Greevy, Esq. . the conciliator. at 214 Senale Avenue, Suite 105, Camp Hili, PA 17011 on Tuesday, February Z6. Z002 at 11:00 AI\f for a Pre-Hearing Custody Confercnce. At such confercncc, an cffort will be madc to resolve the issues in dispute; or if this cannot be aecomplished, to define and narrow the issues to be heard by the court, and to enter into a tempornry order, All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby direcis the parties to furnish auy nud all existing Protection from Abuse orders, Special Relief orders, and Custody orders to Ihe eonclllator 48 hours prior to seheduled hearing, FOR THE COURT, By: /5/ Melissa P. Grew}!. Esq. ~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facililies and reasonablc accommodations available to disabled individuals having business before the court, pleasc contact our office. All arrangements must be made at least 72 hours prior to any hearing or business beforc the court. You must attend the scheduled conferenee or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR A TTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland Counly Bar Association 2 Libcrty A venue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 [L t' f I,' i I , i ~ i h ! i ~ '/ , ., 0.) r-" ~:i.' ',1 ,',: 3: (.5 C~::.'.." .',' '\ ....v ,,':',I"":':';:~/.":~.v,'.j I !.l" '.Jl_,,". '!. \ dh:J~ W-'~ ,..J/ ~ ~/"'~' c'J/.t:U ~ /)lA'~/ -Z- 4' Jdut!~ " .. 1'Ci - ,LJ 1''1 PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this /0 I' day of '})(' l . .. ~_, 1999. between ANGELA R. JOHNSTON, hereinafter called "WIFE" and CARL F. JOHNSTON, hereinafter called "HUSBAND," WITNESSETH: The parties hereto, being HUSBAND and WIFE, were lawfully married on July 14,1990 in Newport, Pennsylvania; There were three children born of the parties whose names and dates of birth are as follows: MARAH RENEE JOHNSTON Born July 27,1987 ZACHARY GARY JOHNSTON Born February 4, 1991 MALLORY ELAINA JOHNSTON Born March 19,1996 HUSBAND and WIFE have shared legal custody, A Stipulation for an Agreed Order of Custody will be filed simultaneously with this Marriage Settlement Agreement; WIFE is represented by Mindy S, Goodman, Allorney at Law and HUSBAND is represented by John J, Connelly, Jr" Esquire, of the law firm of James Smith Durkin & Connelly LLP; and Diverse and unhappy differences have arisen between the parties, and it is the intention of HUSBAND and WIFE to separate for the rest of their natural lives, and the parties hereto are desirous of sellling fully and finally their ~ 1 R 200: ANGELA SHEAFFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 99-2199 vs, CARL JOHNSTON, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ,~ day of March, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1, Legal Custody, The parties, Angela Sheaffer and Carl Johnston, shall have shared legal custody of the minor Children, Marah Renee Johnston, born July 27, 1987; Zachary Gary Johnston, born February 4,1991; and Mallory Elaina Johnston, born March 19, 1996, Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion, Pursuant to the terms of Pa, C, s, 9 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2, Physical Custody, The Mother shall have primary physical custody, Father shall have partial physical custody arranged as follows: A, To commence March 8, 2002, on alternate weekends, from Friday at 5:30 p,m, until Sunday at 8:00 p,m, B, Father shall have the option of one additional custodial weekend per month with the specifics to be arranged between the parents. C, At such other times as the parties may agree, 3, In the event that the Father must work during his period of custody, Father shall be responsible to arrange for alternative care for the Children and shall notify Mother of what those arrangements are so that the parties will have an opportunity to make arrangements for the transfer of custody at the conclusion of Father's custodial period.