Loading...
HomeMy WebLinkAbout99-03299IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OFt. st PENNA. DAVID W. JOHNS Plaintiff N O. 99 - 3299 VERSUS BRIDGET A. JOHNS DEFENDANT AND NOW, DECREED THAT AND DECREE I N DIVORCE OZI- IT IS ORDERED AND DAVID W. JOHNS BRIDGET A. JOHNS ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, , DEFENDANT, 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; Property Settlement Agreement dated April 9. 1999 is incorporated into this order. BY TH C ATTEST: J PROTHONOTARY '?? j PROPERTY SETTLEMENT AGREEMENT THIS IS AN Agreement made this 0141 % day of ?btw ..-1?, 1999, by and between DAVID WILLIAM JOHNS, (hereinafter referred to as H sbJ( and) and BRIDGET ANN JOHNS, (hereinafter referred to as Wife). WHEREAS, Husband and Wife were married on June 22,1996; and WHEREAS, various differences have arisen between Husband and Wife, whereby they have been living separate and apart; and NOW, THEREFORE, for and in exchange of mutual considerations, and intending to be bound by the provisions hereof, the parties agree that their recitals form a part of this Agreement and waive any right to counseling under the Divorce Code of 1980, as amended, and right to counsel fees, costs, alimony, support, maintenance, and any other rights under the said Divorce Code not provided for herein and agree as follows: The parties agree that it shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem frt. Each party shall be free from interference, authority or contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart, from the other. Wife agrees to deliver to Husband the items of personal property listed on the attached Exhibit "A". Said item so personal property shall be the exclusive property of Husband and Wife waives all claims for that property. All other items of personal property in Wife's possession shall remain the sole and exclusive property of Wife and I lusband waives any and all claim relating to that property. 4 The parties agree to file a joint bankruptcy Petition in an effort to have the various debts of the party discharges. Husband will retain legal counsel for those bankruptcy proceedings and pay that attorney for the joint representation of the parties. Each party waives any and all claims they may have with respect to pension or retirement benefits in the name of the other party. Husband agrees to proceed with filing a divorce action within the next two weeks from the date of this Agreement. Upon the expiration of ninety days from the date of filing the divorce action, the parties agree to file Consent Affidavits agreeing to the divorce after which Husband will proceed with finalizing the divorce between the parties. Each party hereby represents they have disclosed all of the marital assets to the other party in the negotiations for the consummation of this Agreement. Both parties shall incur their own legal expenses with respect to this divorce litigation. The parties agree that they will not contract or incur any debt or liability for which the other party might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against that party by reason of such debts or obligations incurred by the other party 10 Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other sate, country, or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification and revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agrmncnt shall survive and shall not be merged into any donee, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or its decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. Husband and Wife do hereby mutually remise, release, quit claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at anytime hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy of claims in the nature of dower or 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 by the other as testamentary or all or other rights of the 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 or any right which either party may now have or at anytime hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 12 Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 13 A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 14 This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 15 It is specifically understood and agreed by and between the parties thereto that each paragraph hereof shall be deemed to be a separate and independent agreement, 16 If either party breaches any provision of this Agreement, 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 and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing the rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 17 This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 18 if any tenn, 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. 19 Except as otherwise set forth herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. DAVID WILLI JOHNS A 1.!L'iGEi' NN JOHN WITNESS ?j'?Ll.? G:7 /.(i ?.L!??Y ? /dJL(? I?r??/?. !!, ?'-l?I-f? ,?6`?N?.? [•?'[-?i-C-G(?',Gl^.,.rf.. ?4?/j / /I".!/.. ?+ ???-!) ? ? ??i 1??.?)lr.'j?"? /""•/"t°?ZT.C.? ? l?$.'/!.(.•? ?''J? CCi 2'7_ J `?l ?,`hi ? +Cfc?? CI Z., ItZI EXHIBIT n ?nl?LJ? r o? ? :? ? ? .. , ,. u?..: ;. i,., a.. -??'? ?.r LL 4'_ r1 ?? l.? ?) DAVID W. JOHNS, Plaintiff v BRIDGET A. JOHNS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99- 3299 CIVIL CIVIL ACTION - LAW PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: I. Ground for Divorce: Irretrievable breakdown under Section (X)3301(c) ( )3301(d)(1) of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: By Attorney Jacqueline M. Verney on June 7, 1999, attorney for Defendant. Acceptance of Service filed June 7, 1999. 3. (Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff. May 17, 2000; Defendant: May 4, 2000. (b) (1) Date of execution of the Plaintiffs affidavit required by Section 3301(d) of the Divorce Code:_; (2) Date of service of the Plaintiffs affidavit upon the Defendant: 4. Related claims pending: None. 5. Complete either (a) (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: May 18, 2000. (c) Date Defendant's Waiver of Notice in §3302(c) Divorce was filed with the Prothonotary: May 4, 2000. 1fTubert X. qffoy, Esqu Attorney r Plaintiff Brou' & Gilroy, PC 4 North Hanover Street Carlisle, PA 17013 717-243-4574 u a? F- u ' u u r. •.7 L ? ? Li CJ DAVID W. JOHNS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL DIVISION - LAW BRIDGET A. JOHNS, :NO. 99-3D9f CIVIL 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 mast 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 grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT 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 LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 DAVID W. JOHNS, Plaintiff v BRIDGET A. JOHNS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL DIVISION - LAW NO. 99-3299 CIVIL IN DIVORCE COMPLAINT Plaintiff, David W. Johns, by his attorneys, Broujos 8t Gilroy, P.C., sets forth the following: 1 Plaintiff, David W. Johns, is an adult individual residing at 1008 Topview Drive, Harrisburg, Dauphin County, Pennsylvania. 2 Defendant, Bridget A. Johns, is an adult individual residing at 252 Redwood Lane, Carlisle, Cuberland County, Pennsylvania. 3 The parties were married on June 22, 1996, in Harrisburg, Pennsylvania. 4 There have been no prior actions for divorce or annulment in this or any other jurisdiction within the knowledge of the Plaintiff. 5 Plaintiff has been a resident of the Commonwealth of Pennsylvania his entire life and has resided in Cumberland County for at least six months up to an including December of 1998. Plaintiff recently relocated to Dauphin County. Defendant has resided continuously in the Commonwealth of Pennsylvania and Cumberland County for at least six months prior to the commencement of this action. 6 In accordance with Section 3301(c) of the Divorce Code, the marriage between the parties is irretrievably broken. 7 Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8 The Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests your Honorable Court to enter a decree divorcing him from the Defendant. BROUJOS 8t GILROY, P.C. l/Kubert Gilroy, Esquire - Attorn for Plaintiff 4 North Hanover Street Carlisle, PA 17013 717-243-4574 verify that the statements in the foregoing pleading are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. atg,4z David W. )ohrf uu, U?-).'Y_ F:: ? ??, ?t?_ , ??„ ?:_ -? -? ?? ?? `?? ? ? ?z ? ?, ?n ? ? ? O \`b '1? DAVID W. JOHNS, :IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v NO. 99-3299 CIVIL BRIDGET A. JOHNS, Defendant, : IN DIVORCE AFFIDAVIT OF SERVICE I, Hubert X. Gilroy, being duly sworn according to law do depose and state that a copy of the Complaint and Notice to Plea filed in the above referenced matter was served on Defendant Bridget A. Johns, by Attorney Jacqueline M. Verney who accepted service on June 7, 1999. A copy of the Acceptance of Service is attached hereto and marked Exhibit A. q / DATE 6ube:it y, Esquire Plaintiff ilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 717 - 243-4574 Sworn and subscribed before me this day ofi 2000 Cj Qj ' Notary Pubh Notarial Seal 6ridgel Ann Corcoran, Notary Public Cariisio noro. Cumberland C.amry MyCommis:ionEsplros.n•w10,2 2 DAVID W. JOHNS, : IN THE COURT OF COMMON PLEAS OF Fbdntifr : CUMBERLAND COUNTYJ%MSYLVANIA Va. : CIVIL ACTION - LAW BRIDGET A. JOHNS, NO.99-3299 CIVIL TERM Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service ofthe Complaint in Divorce in the above co., 'd math Pursuant to Pemts*ania Rule of Civil Pwco&ur, Rule 1930.4(d). I certify that I am authorimed to accept Service on behaWofdefendant Date: (o/7/9p tA=Z &2. e X Verney., EWui e O Address w o o DAVID W. JOHN% , plaintiff V. BRHIOET A. JOHNS, Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTVRENNSyLVANIA NO. 99-3299 CIVH. TERM : ClM A['ITnN_r.AU/ IN DIVORCE WAECIPE Please eater my appearance for the Defendant, Bridget A. Johns, in the above. captioned matter. T? zC 1 ,„ CD t.. <li J A 'I-'n fir, Respectfully submitted, Y>,- L a - C)-= m - cn ;p o " 1ae t Verney, Esquire Supreme Ct. ID 23167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 `?- ?r O? ?:L .'1 J = J .: -i ? ? mil _ , ?? 1J CI :; , r,7 - i i._ - 'ii i "'?:_ -? i_i iJ [a 4= r? L. 11 U C) {- II) -? Cn cn U t 7atui i r i of _ Jacqueline NI. Verney 441 MANOOR%I iANlllil rA17011 (717)i4 ;4190 • I AL (717) 741 i';in DAVID W. JOHNS, , Plaintiff V. BRIDGET A. JOHNS, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NO. 99-3299 CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please enter my appearance for the Defendant, Bridget A. Johns, in the above- captioned matter. Respectfully submitted, /1'. U cq line M. Vemey, Esquire Supreme Ct. ID 23167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 •__ 'ijLyj C? J IA,1 un i, I ul .Jacqueline M. Verney 441 HAMimIN51 . CANIMI. PA 17013 . (717)743-9140. I0;(717):4i 3SI8 DAVID W. JOHNS, Plaintiff Va. BRIDGET A. JOHNS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : CIVIL ACTION - LAW : NO.99-3299 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce in the above captioned matter pursuaat to Pennsylvania Rule of Civil Procedure, Rule 1930.4(d). I certify that I am authorized to accept service on behalf of defendant Date: (v/7/fg -c acq line M. Vern ey, Esquu? qq S. '76 1-? Address 3301(c).not DAVID W. JOHNS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v BRIDGET A. JOHNS, Defendant 99-3299 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on Jute 2, 1999. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about June 7, 1999. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed fro.-,n the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: S- i 7 00 _ David W. J?ohns, miff T7; O r Ll! C`) . r. i '? • j C C; DAVID W. JOHNS, Plaintiff V. BRIDGET A. JOHNS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99 - 3299 CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on June 2, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, §4904 relating to unswom falsification to authorities. Date: BRIDG A. JOHNS, FENDANT a) r U2 C-2 C C u,i:. ? .. 2 u1 LU L o Ci DAVID W. JOHNS, V. PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 3299 BRIDGET A. JOHNS, DEFENDANT CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is tiled with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date:. 7-eG) B IDGG A. JOHNS, EFENDANT L ' ? - y l ?' ? i? I l C lI L) `)