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HomeMy WebLinkAbout03-4321MEGAN E. JOHNSON Plaintiff VS. RANDALL A. JOHNSON Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against ~(ou by the court. A judgement may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at: The Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAVVYER'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. 32 SOUTH BEDFORD STREET CARLISLE, PA 17013-3308 (717) 249-3166 MEGAN E. JOHNSON Plaintiff VS. RANDALL A. JOHNSON Defendant : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW : IN DIVORCE COUNT I COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Megan E. Johnson, by and through her attorney, Mark K. Emery, Esquire, and files the following Complaint in Divorce and in support thereof avers as follows: 1. Plaintiff is Megan E. Johnson, an adult individual who currently resides at 100 Penns Run Road, Mechanicsburg, PA 17050. 2. Defendant is Randall A. Johnson, an adult individual who currently resides at 1210 Edinburg Circle, New Cumberland, Pennsylvania 17070. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 25, 2000 at Harrisburg, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the United States Army or its allies. 8. Plaintiff has been advised that counseling is available and that Paintiff may have the right to request the court require the parties to participate in counseling, being so advised Plaintiff waives that right. 9. Plaintiff requests the Court to enter a Decree of Divorce pursuant to Section 3301(C) or 3301(D) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a Decree in Divorce pursuant to Section 3301(C) or 3301(D) of the Divorce Code. COUNT II ALIMONY PENDENTE LITE, SUPPORT, COUNSEL FEES, AND EXPENSES 10. Paragraphs 1 through 9 of the Complaint are incorporated by reference as if fully set forth herein. 11. By reason of this action, Plaintiff will be put to considerable expense in the preparation of this case in the employment of counsel and the payment of costs. 12. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and unable to appropriately maintain herself during the pendency of this action. 13. Plaintiff's income is not sufficient to provide for her reasonable needs and pay her attorneys' fees and the costs of this litigation. 14. Defendant has adequate earnings to provide support and alimony pendente lite for the Plaintiff and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests this Honorable Court compel the Defendant to pay Plaintiff alimony pendente lite, support, counsel fees, costs and expenses of this action. COUNT III ALIMONY 15. Paragraphs 1 through 14 of the Complaint are incorporated by reference as if fully set forth herein. 16. Plaintiff lacks sufficient property to provide for her reasonable needs. 17. Plaintiff is unable to sufficiently support herself through appropriate employment. 18. Defendant has sufficient income and assets to provide continuing support and to pay alimony to the Plaintiff. WHEREFORE, Plaintiff respecffully requests this Honorable Court compel Defendant to pay alimony to Plaintiff. Respectfully submitted, LAW OFFICES OF MARK K. EMERY Mark K. Emery, Es..q~a~~ Supreme Court I.D. No. 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Plaintiff VERIFICATION I, Megan E. Johnson, hereby verify that I have read the foregoing Complaint and that the information contained therein is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. MEGAN E. JOHNSON Plaintiff VS. RANDALL A. JOHNSON Defendant : IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4321 : CIVIL ACTION · IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 11th day of September, 2003, I, Mark K. Emery, Esquire do hereby certify that Defendant Randall Johnson was served with the Complaint in Divorce on September 9, 2003, as evidenced by the Domestic Return Receipt, the original of which is attached as Exhibit A Mark K. Emery/-'"- Supreme Court I.D. No. 72787 410 North Second Street Harrisburg, PA 17101 Attorney for Plaintiff EXHIBIT A · Complete items 1, 2, and 3, Also complete item 4 if Restricted Deflvery is desired. · Print your name and address on the reverse so that we can return the card to you. ~ll~ttach th s card to the back of the maitpiece, l~'on the front if space permits. 1 .'~icle Addressed to: I (Transl,__ A. Received by (please print Clearly) ~gent [] Addressee D. Is delive~y ~ddress different from item 17 r-J Yes If YES, enter delivery address below: r'l No 4..r~ieC~ifiT~eMail F'J Express Mad ndise [] Registered 1'3 Return Receipt for MerCha r-J Insured Mail [] C.O.D. Restricted Deliver? (Extra Fee) ~.Yes 7002 2410 0001 2373 1366~ ~ PS Form 3811, Mamh 2001 Domestic Return Receipt MEGAN E. RANDALL A. JOHNSON, : Plaintiff : VS. JOHNSON, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION DOCKET NO. 00513-S-2003 PACSES NO. 664105547 : DOCKET NO. : IN DIVORCE 2003-4321 ORDER 1 i~ OC%O~ 2003, the AND NOW, this _ I day of ' Stipulation of the parties attached hereto is entered as an Order of Court. BY THE vOURT. Jo DISTRIBUTION: Nichole M. Stale~ O, Gorman, Esq. 1719 N. Front Street, Harrisburg, PA 17102 Mark K. Emery, Esquire 410 North Second Street, Harrisburg, PA 17101 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAATD Date of Order/Notice 10/1'//03 Tribunal/Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number YORK VOLKSWAGEN, INC. 3475 E MARKET ST PO BOX 3514 YORK PA 17402-0514 Original Order/Notice Amended Order/Notice Terminate Order/Notice RE: JOH/~SON, Employee/Obligor's Name (Last, First, Employee/Obligor6885000228 s Social Security Num?r .~, ~ ~ '/:~o'/-/ ~1~/(~ Empioyee/Obligor's Case Identifier a~odated with cases ~ a~a~ment) ~, ~/~ ~ ~ Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERI~N~) County, Commonwealth of Pennsylvania. By law, you are required to deduct thes~ amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1,148. oo per month in current support $ 52. oo per month in past-due support Arrears 12- weeks or greater? (~)yes O no $ 0. oo per month in medical support $ o, oo per month for genetic test costs $ per month in other (specify) for a total of $ :]., 200.00 per month to be forwarded to payee below, You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not mat( the ordered support payment cycle, use the following to determine how much to withhold: $ 276.92 per weekly pay period. $ 553.85 per biweekly pay period (every two weeks). $ 600. oo per semimonthly pay period (twice a month). $ 1. 200. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no iater than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier)'.~ b~ ~!~OR'~C~.L~ SECURITY NUMBER~IN ORDER TO BE PROCESSE[ DO NOT SEND CASH BY MALL. ~..~ ~l,~.~~ ,_ ~THE COURT: Date of Order: Service Type Form EN-028 OMBNOl:0970q]154 Worker ID $IAT' ADDITIONAL ~NFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [] If hecked you are requ red to provide acopy of this form to youremployee. If your employee works in a state that is di~erent frdm the state that issued th s order, a copy must be provided to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority, if there are Federal tax levies in effect please contact the requestin~ agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to e~ employee/obligor. 4.* Rep,~,~r,g the Payda~e/Date of W~thho',d:,ag: You ~,;,~t repo~ the i,aydat~,'date of ,, ~thho',d:ng ,,hen se.d :ng the payn-,eat. The pa¥'d,,~e/date of w~thl,o[d~F,g 1~ the dote on wh:ch a,~o,at w,,s ,,]thh~',d from the ~a,p',oy~,~"s wages. You must comply with the law of state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 5.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support agaim this employee/obligor and you am unable to honor all support Order/Notices due to Federal or State withholding limits, you must follc the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for ~ Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 232o0o,~02o EMPLOYEE'S/OBLIGOR'S NAME: ~TO~T~3OI~ P,-AITDAT,T. A. EMPLOYEE'S CASE IDENTIFIER: 6885000228 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should h~ withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unle the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State I governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10.* Withholding Limits: You may not withhold mom than the lesser off 1) the amounts allowed by the Federal Consumer Credit Protection Act (1 5 U.S.C. §1 673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employme The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE i.~, the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow th law of the state that issued this order with respect to these items. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your ernployee/obli§or have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa, us :h the ye lt. Page 2 of 2 Form EN-028 Service Type ~ OM~ No:0970-0154 Worker ID ST.Z ?? ADDENDUM Summary of Cases on Attachment Defendant/Obligor: JOHNSON, RANDALL A. PACSES Case Number 310105857 Plaintiff Name MEG/kN E. JOHNSON Docket Attachment Amount 03-4321 CIVIL $ 400.00 Child(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number 664105547 Plaintiff Name MEGAN E. JOHNSON Docket Attachment Amount 00513 S 2003 $ 800.00 Child(ren)'s Name(s): DQB CHASE RAND%LL JOHNSON 10/25/00 [] If checked, you are required to enroll the child(ren) dentified above in any health insurance coverage availabk through the employee's/obligor's emp oyment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): Dog [] f checked, you are required to enroll the child(ren) identified above in any health insurance coverage avai ab e through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): [] If checked, you are required to enroll the child(ren) identified above in any health insurance coverage availab through the employee's/obligor's employment. )B PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): [] If checked, you are required to enroll the child(ren) identified above in any health insurance coverage availab through the employee's/obligor's employment. )B Addendum Form EN-028 Worker ID :ATT Service Type M OMB NO.: 0970~91 $4 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Defendant Name: RANDALL A. JOm~SON Member ID Number: 6885000228 Please note: All correspondence must include the Member ID Nmnber. ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION BENEFITS Financial Break Down of Multiple Cases on Attachment PACSES Docket Plaintiff Name Case Number Number Attachment Amount/Frequency MEGAN E. JOI-INSON 310105857 03-4321 CIVIL $ 400.00 /MONTH MEGAN E. JOIql~SON 664105547 00513 S 2003 I 800.00 ~MONTH / $ $ / TOTAL ATTACHMENT AMO[rNT: $ 1,200.00 Now, by Order of this Court, the Department of Labor and Indusl:ry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to at£ach the lesser of $ 2 76.92 per week, or 5 5 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, P,.AArDALL A. JOI-INSON Social Security Number 261- 87- 9331 , Member ID Number 6885000228 . BUCBA is ordered to remit the amount attm:hed to the Department of Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for suppor~ and/or support arrearages, DPW may reduce the amount attached trader this Order so that the total mount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673 (b)(2) and 23 Pa. C.S.A. § 4348 (g). This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated OCTOBER 25, 1998 is exhausted, expired or deferred. BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: JUDGE Form EN-530 Service Type M Worker ID $IATT MEGAN E. JOHNSON, : Plaintiff : VS. : : DOCKET NO. RANDALL A. JOHNSON, : PACSES NO. Defendant : : : DOCKET NO. : IN DIVORCE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION 00513-S-2003 664105547 2003-4321 PETITION TO TEP~qINATE ALIMONY PENDENTE LITE AND NOW, comes Petitioner, Randall A. Johnson, by and through his attorneys, Purcell, Krug &Haller, and files the following Petition to Terminate Alimony Pendente Lite: 1. Petitioner is Randall A. Johnson, Defendant in the above-captioned divorce action. 2. Respondent is Megan E. Johnson, Plaintiff in the above- captioned divorce action. 3. The parties separated in June 2003 when Wife left the marital home. 4. On or about August 28, 2003, Wife filed a Complaint in Divorce which included counts for alimony pendente lite, support, counsel fees and expenses, and alimony. 5. On or about September 29, 2003, the parties entered into a Stipulation whereby Mr. Johnson pays his wife alimony pendente lite in the amount of $400.00 per month. This Stipulation was entered as an Order of Court on October 1, 2003. A true and 1 correct copy of this Order is attached hereto, made a part hereof, and marked as Exhibit "A". 6. Despite repeated requests, Wife refuses to execute a censent to divorce. 7. Husband desires to proceed to resolve Wife's remaining claims in the divorce action, but cannot de so witheut Wife's consent to the divorce. 8. Wife is not entitled to continue to collect alimony pendente lite and withhold her consent to the divorce. WHEREFORE, Petitioner respectfully requests this Honorable Court to terminate the existing Order for alimony pendente lite. Date: PURCELL, KRUG By: .~o~t~ 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 HALLER ey ~drman, Esquire Attorney for Petitioner/Defendant 2 MEGAN E. JOHNSON, Plaintiff VS. RANDALL A. JOHNSON, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION : : DOCKET NO. 005t3-S-2003 : PACSES NO. 664105547 : : DOCKET NO. : IN DIVORCE 2003-4321 AND NOW, this Stipulation of the parties of Court. ORDER day of (~41~0%¢~c- , 2003, the attached hereto is entered as an Order BY THE COURT: Nichole M. Staley O'Gorman, Esq. 1719 N. Front Street, Harrisburg, PA 17102 F~rk K. Emery, Esquire 410 North Second Strut, Harrisburg, PA 17101 EXHIBIT MEGAN E. JOHNSON, : Plaintiff : VS. : RANDALL A. JOHNSON, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION DOCKET NO. 00513-S-2003 PACSES NO. 664105547 DOCKET NO. 2003-4321 IN DIVORCE STIPULATION AND NOW, following Stipulation for support: 1. On or about August 22, 2003, comes the undersigned parties and enter into the Husband was Ordered to pay 3. Wife Wife shall be vehicle. the sum of $800.00 per month for the support of the parties' minor child. Husband shall continue to pay this sum unless and until the Order is modified by Order of Court. 2. Husband shall pay alimony pendente lite in the amount of $400.00 per month commencing on the date of entry of this Stipulation as an Order of Court. shall receive the parties' Toyota Four-Runner. responsible for all monthly payments due on that 4. Husband shall retain the Toyota Corolla. Husband shall be responsible for all monthly payments due on that vehicle. 5. Wife shall be responsible for securing a passing inspection on the Toyota Corolla. She shall also be responsible to ~epair the body damage to the Toyota Corolla. Ail expenses associated with these items shall be borne by Wife. 6. The disposition of vehicles and associated debt sh=]l be without prejudice to the ultimate determination of property distribution. 7. The par~ies have entered into this Stipulation knowingly, willingly and voluntarily, and after having the opportunity to seek the advice and assistance of counsel. 8. The parties desire that this Stipulation be entered as sn Order of Court. 9. The parties desire that the support hearing scheduled for October 2, 2003 be canceled. WITNESSETH: Mark K. '~~ /icholeT~- L~?(o' borman, Esq. ~I~. ~¥6hnson 7-J5 3 Date Randall A. Johnson Date VERIFICATION I, Randall A. Johnson , hereby verify that the Petition to Terminate Alimony Pendente Lite facts contained in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: CERTIFICATE OF SERVICE I, TRICIA KOWALCZYK, an employee of the law firm of Purcell, Krug &Haller, counsel for Petitioner/Defendant, hereby certify that service of the foregoing PETITION TO TERMINATE ALIMONY PENDENTE LITE was made upon the following by first-class mail, postage prepaid on I-a~O~ : Mark K. Emery, Esquire 410 North Second Street Harrisburg, PA 17101 Attorney for Respondent/Plaintiff MEGAN E. JOHNSON, : Plaintiff : VS. : RANDALL A. JOHNSON, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION DOCKET NO. 00513-S-2003 PACSES NO. 664105547 DOCKET NO. 2003-4321 IN DIVORCE RULE TO SHOW CAUS~ NOW, this ~ day of ~~ , 2004, a Rule AND is hereby issued upon the Respondent to show cause why the attached Petition to Terminate Alimony Pendente Lite should not be granted. RULE RETURNABLE ~O days from serw£ce. BY Jo DISTRIBUTION: ~ichole M. Staley O'Goz~nan, Esquire 1719 N. Front Street, Harrisburg, PA 17102 ~ark K. E~ry, Esquire 410 North Second Street, Harrisburg, PA 17101 0, -03'0 MEGAN E. JOHNSON, Plaintiff VS. RANDALL A. JOHNSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-4321 CIVIL ACTION LAW In Divorce AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 29, 2003. 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 of divorce after service of notice of intention to request entry of the 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 unsworn falsification to authorities. Date: ~l~[~t~ ~~' ~ RANDALL A. JOHNSON, Defendant decree. MEGAN E. JOHNSON, Plaintiff vs. RANDALL A. JOHNSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-4321 : : CIVIL ACTION - LAW : In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE to the entry of a final decree of divorce 1. I consent without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: RANDALL A. JOHNSON, Defendant MEGAN E. JOHNSON Plaintiff VS, RANDALL A. JOHNSON Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S ANSWER TO PETITION TO TERMINATE ALIMONY PENDENTE LITE AND NOW, COMES THE Plaintiff/Respondent, Megan E. Johnson, by and through her attorney, Mark K. Emery, Esquire, and files this Answer to Petition to Terminate Alimony Pendente Lite, as follows: 1. Admitted. 2. Admitted. 3. Admitted upon information and belief. 4. Denied as stated. The Complaint in Divorce was filed on September 4, 2004. 5. Denied as stated. The Stipulation is a matter of record and speaks for itself. 6. Denied. Wife has consistently requested information from Husband, starting in August 2003, which would allow the parties to conclude the divorce proceedings. Both Husband, and his counsel, have ignored every such request. (See Exhibit "A", attached hereto) Due to such conduct, Wife was forced to commence discovery, through Interrogatories, on February 9, 2004. As Husband's counsel has been advised, it is inappropriate to enter the divorce without resolution of all economic issues. The resolution of such issues being improperly delayed solely due to Husbands failure and refusal to cooperate by providing basic information, as well as his refusal to take necessary action to resolve certain marital debt. Husband instead has insisted on moving forward unilaterally to obtain a bifurcated divorce without either addressing the outstanding economic issues, or obtaining the necessary approval of the Court to enter a bifurcated divorce. Denied. It is specifically denied that Husband cannot resolve Wife's remaining claims absent the entry of a bifurcated divorce. In fact, as stated above, the only impediment to resolving the remaining issues is Husbands complete refusal to even respond to requests for information, much less his refusal to assist in resolving the outstanding issues. Any allegation to the contrary is simply an attempt to create a false support for his attempt to terminate APL. Denied as a legal conclusion. By way of further response, the entry of a divorce decree, which does not resolve all economic issues between the parties, does not require the termination of alimony pendente lite. See, Krakovsk¥ v. Krakovsk¥, 400 Pa. Super. 260, 267, 583 A.2d. 485, 488 (1990), Purdue v. Purdue, 398 Pa. Super. 228, 232, 580 A.2d 1146, 1148 (1990). Husband admits in his Petition that outstanding issues exist which are required to be resolved upon issuance of a bifurcated divorce. In fact, the Stipulation expressly recognizes that the issue of property distribution exists. (See I] 6 of the Stipulation) Therefore, even should Wife execute the consents upon stipulation to a bifurcated divorce, alimony pendente lite would still be appropriate. Respectfully submitted, LAW OFFICES OF MARK K. EMERY DATE: By: Mark K. Emery, ' Supreme Court I.D. No. 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Plaintiff EXHIBIT A LAW OFFICES OF MARK K. EMERY 410 North Second Street Harrisburg, PA 17102 (717) 238-9883 Mark K. Emery, Esquire Fax (717) 238-9884 e-mail memerylaw@aol.com January 12,2004 Nichole M. Staley O'Gorman, Esquire Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102-2392 RE: Megan Johnson v. Randall Johnson Dear Nichole: I write in response to your previous correspondence. First, Megan has not taken Chase to see a counselor. She did advise Randy that she thought this was necessary, since Chase has been extremely upset and agitated upon returning from visits with Randy, and has begun to act out, including physically acting out in school. It is certainly a common course of action for children of separating parents to receive counseling, even if they are not showing outwardly signs of difficulties, as Chase is doing. I find it telling that your client rejects this proposal outright. In regard to the custody, this is the only demand I will make that Randy immediately cease harassing Megan, particularly in front of Chase. Any use of foul language directed to her in front of Chase, or at any time, will not be tolerated. Further, Randy must immediate cease disparaging Megan to Chase, including telling him that she does not want him to have a father. Perhaps the need for counseling would not arise if this juvenile conduct did not occur. Second, you are well aware that there are substantial issues to resolve in the divorce beyond the damage to the Toyota Corolla. Any attempt to blame Megan for the delay in order to establish a basis to terminate APL is baseless, and ignores your client's dilatory conduct. After the support conference we spoke at length regarding various marital debts on which Randy was to make payment or reimburse Megan. All necessary documents were providecl to Randy, but he has not provided any of the documents he promised. I followed this up with correspondence dated August 29, 2003, to which I received no response. Nichole M. Staley O'Gorman, Esquire January 12,2004 Page 2 The issues which still exist, and which have been ignored by your client, include, interalia, credit card bills, reimbursement to Megan for the car insurance, which she has solely been paying, and previous payments made on the vehicles, cell phone bills, utilities for the leased property and removal of Megan from the leased property and disposition of the vehicles, including determining the disposition of the 4-Runner, which has substantial excess mileage. All of these issues were brought up in the past, and Randy has simply ignored them. I will not agree to the entry of the divorce until they are resolved, and any delay in moving the divorce forward is solely due to your client not addressing these issues. Megan wishes to proceed in obtaining the divorce, but will not due so simply at Randy's demand without resolving these issues. Very truly yours, LAW OFFICES OF MARK K. EMERY MKE/vh cc: Megan Johnson By: Mark K. Emery CERTIFICATE OF SERVICE AND NOW, this 23rd day of February, 2004, I, Mark K. Emery, Esquire do hereby certify that I have served the foregoing Answer to Petition to Terminate Alimony Pendent Lite by mailing a true and correct copy via United States first class mail, addressed as follows: Nichole M. Staley O'Gorman, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 LAW OFFICES OF MARK K. EMERY Mark K. Emery PURCELL KRLJG AND HALLER ? 1723404~39 p. MEGAN E- PJ~N DALL A. JOHNSON, Plaintiff vs. JOHNSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION DOCKET NO. 00513-S-2003 PACSES NO. 664105547 DOCKET NO. IN DIVORCE 2003-4321 ORDER AND NOW, this ~'~i day of ~ , 2004, having received Plaintiff's Petition to Terminate Alimony Pendente Lite and Defendant's response thereto, a hearing :is scheduled to occur on/~~~/2004 at /: ~ -~-~ in Courtroom ~ 5 of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, pennsylvania. Edward E. Guido, Judge DISTRIBUTION: Nichoie M. SLaley O'Gor~an, Esquire 1719 N. Front Street, Harrisburg, PA 17102 Mark ~], Emery, ~squi~e TOTAL P.D2 APR-29-208~ 15:~D PURCELL KRUG AND HALLER FAX COVER SHEET LAW OFFICES Purcell, Krug &Haller 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (71 7) 234-4178 F,~ (717) 234-0409 pAGe. S: ~", including cover page MESSAGE: THE INFORMATION CONTAINED iN THIS FACSIMILE MESSAGE I$ INFORMATION PROTEC'I'E;) ~3Y .NCrORNEY-CLIENT AND/OR THE A'I-rORNEYP,¥ORK PRODUCT PRIVILEGE. It is intended only for the use of the individual named above and the pdviJeges are not waived by virtue of this having been sent by facsimile, if the person actually receiving this facsimile or any other reader of the facsimiie is not the named recipient or the employee o1' agent responsible to deliver it to the named recipient, any use, dissemination, distribution or copying of the communication is strictly prohibited. If you have received this communication in error, please immediately notify us by teJephone and return the original message to us at the above addre,,~,s via U.S. Postal Service, MEGAN E. JOHNSON Plaintiff : IN THE COURT C)F COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 03-5044 : CIVIL ACTION - L~,W : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING A Complaint in Divorce under Section 3301(c) ,of the Divorce Code was filed o.q September 4, 2003. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of both the'filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of a notice of intention to request entry of the Decree. 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 availab!e upon request. Being so 3dvised, 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. RANDALL A. JOHNSON Defendant 1, 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. MEGAN E. JOHNSON Plaintiff VS. RANDALL A. JOHNSON Defendant · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-5044 : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREIE UNDER _~3301{C) OF THE DIVORCE CODE 1. 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 I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Meg~th E. JohnSon MATRIMONIAL SETTLEMENT AGREEMENT made this?'~'p0~ THIS AGREEMENT, '~uay of June, 2004, by and between Randall A. Johnson, 1210 Edinburg Court, New Cumberland, Cumberland County, Pennsylvania ("Husband"), and Megan E. Johnson, 100 Penns Run Road, Mechanicsburg, Cumberland County, Pennsylvania ("Wife") Recitals: The parties hereto, being Husband and Wife, were lawfully married on March 25, 2000. Differences have arisen between Husband and Wife in consequence of which they have begun to live separate and apart from each other as of June 8, 2003. C. Husband and Wife acknowledge that they both have consulted their attorneys and have been advised by their attorneys of all of their rights and duties or have had the opportunity to consult independent legal counsel and have willfully, knowingly and voluntarily waived the right to consult an attorney. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertaking herein contained, the parties, each INTENDING TO BE LEGALLY BOUND, agree as follows: 1. Recitals. reference. The Recitals set forth above are incorporated herein by 2. Divorce. It is specifically understood and agreed by and between the parties, and each party does hereby warrant and represent to the other that, as defined in the Divorce Code, their marriage is irretrievably broken. Wife has filed an action in the Court of Common Pleas, Cumberland County, Pennsylvania, at Docket No. 2003-4321. The parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all actions) necessary to assure that a divorce pursuant to 23 Pa. C.S.A. § 3301 of the Divorce Code is entered as soon as possible. In particular, the parties, within 10 days of the date of the Agreement, will execute and deliver to Wife's counsel all documents necessary to obtain a final divorce decree. This Agreement and any ancillary or supplemental agreements shall be incorporated by reference but not merged into the proposed Divorce Decree presented to the Court. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by each other. Neither party shall molest the other in any way whatsoever nor endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an a(~lmission on the part of either Husband or Wife of the lawfulness or unlawfulness of thE: causes leading to their living apart. 2 Marital Property. (a) Personal Property. Husband and Wife acknowledge that they currently have in their possession all of their separate and distinct personal property. (b) Retirement, Pension, 401-K Plan. Husband and Wife hereby relinquish all right, title and interest in the other's retirement funds, pension benefits, deferred compensation, or any other employee benefit. (c) Financial Accounts. Husband and Wife shall retain all bank, investment and other financial accounts titled in his or her name. Debts and Obligations. (a) Individual debts/obligations. Each party hereby agrees to pay and hereby agrees to hold the other harmless from any and all personal debts and obligations incurred by him or her on or after the date of separation (6/8/03). If any claim, action or proceeding is hereafter brought seeking to hold the other party liable on account of any such debts and obligations, such party will at his or her sole expense defend the other party against any such claim, action or proceeding, whether or 3 (b) not well-founded, and indemnify the other party against any loss resulting therefrom, including reasonable attorneys' fees and costs. Marital debts/obligations. The, parties represent and warrant that there are no marital debts or obligations except those set forth below and in Paragraph 8 (regarding Automobiles) of this Agreement. Credit card debts/obligations. Husband and Wife represent that there exist credit card debts in their individual names. Husband and Wife agree that they will each be solely responsible for all such debt which exists in their names. Such debts, and the responsible party, are as follows: Sears Husband Providian Husband Capital One Gold Husband Capital One Platinum Husband Boscovs Wife Each party otherwise hereby expressly agrees to indemnify, defend and hold harmless the other from any and all liability, direct or indirect, including attorneys' fees and costs, which may arise in connection with an obligation, joint or otherwise, for which the party has agreed hereunder to bear sole or partial responsibility, or which the party has failed to disclose and provide for herein. 4 5. Legal Fees. Each party agrees that they shall be responsible for their own legal and other fees incurred by them in connection with this domestic relations matter unless otherwise specified herein or otherwise agreed to by them. 6. Payment to Wife. At the time of execution of this Agreement, Husband shall pay to Wife the sum of Two Hundred and 00/100 ($200.00) Dollars as equitable reimbursement and as consideration for the covenants and agreements made herein. 7. Rental Property. Husband has executed a new lease, solely in his name, for the rental property previously occupied by the parties. Wife shall no longer be responsible for any obligations under the lease, including damage to the property. Wife shall relinquish any claim to any unused portion of the security deposit held by Triple Crown Corporation. 8. Automobiles. The parties are the owners of a 2003 Toyota Corolla ("Corolla"), and the lessees of a 2002 Toyota 4-Runner (%-Runner"). Upon execution of this Agreement, the Corolla shall become the sole free and clear property of Wife, and Wife shall insure and assume all liability therefor except as otherwise set forth herein. Wife assumes responsibility for timely payment and eventual satisfaction of the joint Toyota loan encumbering the vehicle. Wife agrees to indemnify, defend and hold Husband harmless from and against all liability as a result of her failure to insure or pay the loan associated with the vehicle, said indemnification to include attorneys' fees and 5 costs. Husband waives any right, title or interest he may have in and to said automobile and shall promptly execute any title or transfer documents necessary to fulfill this provision, either herewith or when presented to him. Upon execution hereof, and upon all other conditions set forth herein being satisfied, the 4-Runner shall become the sole free and clear property of Husband, and Husband shall insure and assume all liability therefor, including any excess mileage charge that may be incurred now or in the future, except as otherwise set forth herein. Husband assumes responsibility for timely payment and eventual satisfaction of the Toyota lease in Wife's name. Husband agrees to indemnify, defend and hold Wife harmless from and against all liability as a result of his failure to insure or pay the lease associated with the vehicle, said indemnification to include attorneys' fees and costs. Wife waives any right, title or interest she may have in and to said automobile and shall promptly execute any title or transfer documents necessary to fulfill this provision, either herewith or when presented to her. Husband shall not take possession of the 4-Runner until such time as he provides written documentation evidencing that he has obtained insurance for the vehicle. Within five (5) days of the due date of the loan/lease and insurance payments, each party shall forward a copy of the check or other written evidence of payment to the other. In the event a party fails to satisfy his or her obligation to insure or make the regular monthly payments due on the vehicle loan or lease, the non-defaulting party shall 6 provide the defaulting party with no less than fifteen (15) days written notice and opportunity to cure the default. In the event the default is not cured within the time stated, the non-defaulting party shall have the right to take possession of the vehicle, cure the default and to collect from the defaulting party all expenses associated therewith, including attorneys' fees and costs. Possession shall be restored promptly upon satisfaction of these obligations. Notice shall be made, by First Class mail, postage prepaid, at the address listed on the first page of this Agreement, or at such other address as a party may provide following execution of this ,Agreement. Husband warrants and affirms that the payments for the Corolla are current and paid in full up to the end of June, 2004. Husband warrants and affirms that the Corolla has no known current damage or necessary repairs, excluding such repairs as would be common for a like vehicle of the same condition. Wife warrants and affirms that the payments for the 4-Runner are current and paid in full up to the end of June, 2004. Wife warrants and affirms that the 4-Runner has no known current damage or necessary repairs, excluding such repairs as would be common for a like vehicle of the same condition. In the event it is subsequently determined that either party's affirmation regarding damage and repairs is not accurate, he or she shall be responsible to the other for all expenses associated with such damage or repair and all attorneys' fees and costs incurred to enforce this provision. Wife further warrants and affirms that the current mileage on the 4-Runner, as of the date of this Agreement, is not greater than 66,000.00 7 miles. Within ten (10) days of execution of this Agreement, Wife will provide Husband with all documents relating to repairs and maintenance performed on the vehicle within the last year. 9. Other Writinqs. Each of the parties hereto agrees to promptly execute any and all documents, deeds, waivers, bills of sale, tax returns or other writings reasonably necessary to carry out the intent of this Agreement. 10. Further Debt. (a) Wife shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands, including a~ttorneys' fees and costs, made against him by reason of debts or obligations incurred by her. (b) Husband shall not contract or' incur any debt or liability for which Wife or her property or estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands, including attorneys' fees and costs, made against her by reason of debts or obligations incurred by him. 11. Alimony, Alimony Pendente Lite and Spousal Support. Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of property are fair, adequate and satisfactory to them, and are accepted by 8 them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support, maintenance or alimony. Each party shall indemnify, defend and hold the other harmle.,;s against any future action for support, maintenance or alimony, modification or extension of same, brought by or on behalf of the other, such indemnity to include the counsel fees and costs of the defendant in any such future action. Wife is currently receiving Alimony Pendente Lite. Husband's obligation to pay Alimony Pendente Lite shall terminate effective June 1, 2004. He shall continue to pay on arrears, if any, until paid in full. 12. Mutual Release. Except as otherwise provided herein and so long as this Agreement is not canceled by subsequent agreement, the parties hereby release and discharge, absolutely and forever, each other from any and all rights, claims and demands, past, present and future, specifically from the following: alimony pendente lite; alimony; spousal support; division of property; claims or rights of dower and right to live in the House; right to act as executor or administrator in the other's estate; rights as devisee or legatee in the Last Will and Testament of the other; any claim or right as beneficiary in any life insurance policy of the other unless specifically named otherwise or as required herein; and any claim or right in the distributive share or intestate share of the other 9 party's estate, all unless specified to the contrary herein or in a subsequent writing signed by the parties hereto. This release shall not include the right of each party to proceed with the instant cause of action in divorce and all causes of action for breach of this Agreement. 13.Tax Return. individually, for tax year 2003. The parties have elected to file as married, filing Each party shall be solely liable for any tax liability from 2004 forward and each shall indemnify, defend and hold the other harmless from and against any such liability for tax years commencing in 20(;)4 and thereafter. As to all tax years prior to 2004, each party represents and warrants to the other that each has provided true and accurate information concerning all income from all sources, all deductions and legitimate business expenses and that, to the best of the knowledge of each, all such tax returns have been true, correct and accurate. In the event the Internal Revenue Service or any other taxing agency shall examine or audit such returns and shall determine there was or has been a failure to state income or a disallowance of claimed deductions, the parties shall share equally all tax, penalty, attorneys' and accountants' fees due unless a party has committed fraud or intentional misrepresentation. In the event of fraud or intentional misrepresentation, the guilty party shall bear sole responsibility for the payment of any such additional tax Iliabilities, penalties, interest or the like which may be thereafter assessed and shall indemnify and save the other party harmless of and from any and all claims, demands, suits, actions or causes of action, 10 costs and expenses, (including reasonable attorneys' and accountants' fees), to which such person or party may become exposed or liable by reason of such additional taxes, penalties, interest or the like. 14. Medical/Health Insurance. Upon execution hereof, each party shall be responsible for their own medical/health insurance and the maintenance thereof, if any. 15. 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. 16. Legally Bindinq. It is the intent of the parties hereto to be legally bound hereby, and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and assigns. 17. Full Disclosure. Each party asserts that she or he has fully and completely disclosed all the real and personal proper~[y of whatsoever nature and wheresoever located belonging in any way to each of them; of all debts and encumbrances incurred in any manner whatsoever by each of them; of all sources and amounts of income received or receivable by each party; and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. Each party further represents and warrants that there are no undisclosed debts or obligations for which the 11 (e) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal affect. 20.Amendment or Modification. This Agreement may be amended or modified only by a written instrument signed by both parties. 21. Reconciliation. If the parties should reconcile, this Agreement shall remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 22.Applicable Law. This Agreement shall be governed, construed and enforced under the statute and case law of the Commonwealth of Pennsylvania. 2$. Counterparts. This Agreement may' be executed in separate counterparts, each counterpart deemed an original and when combined represents the legal binding intent of the parties hereto. 24. Severability. If any part of this Agreement is determined to be invalid by a court of competent jurisdiction, such determination shall not invalidate the entire document but shall apply only to that phrase, sentence, paragraph or section. The remainder of the sentence, paragraph, section and Agreement shall continue in full force and effect. 13 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written: WITNESS: - WIFE: Meg~.l~ E. JoJ~son WITNESS: HUSBAND: Randall A. Jol~nson 14 COMMONWEALTH OF PENNSYLVANIA : SS.: COUNTY OF On this, the ~J day of , 2004, a Notary Public, the undersigned officer, personally appeared Megan E. Johnson, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires: (SEAL~-_ / NOTARIAL SEAL I JMARK K. EMERY, Notary Public I J Ciity of Harrisburg, Dauphin County IMy Commission Expires Jan. 10, 2007 COMMONWEALTH OF PENNSYLVANIA · SS.: COUNTY OF On this, the _..-Q,~_ ~day of"~-',~..~L.~. , 2004, a Notary Public, the undersigned officer, personally appeared I~andall A. Johnson, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 15 Not~/Public LA.) My Commission Expires: (SEAL) coMI¢~ MEGAN E. JOHNSON, Plaintiff vs. RANDALL A. JOHNSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4321 CIVIL ACTION - 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 ~3301(c) of the Divorce Code. Date and manner of service of the Complaint: C~m~. l~nt was served on Defendant by Certified Mail, Restricted Deliver~, Return Receipt Requested on September 9, 2003. 3. (Complete either paragraphs (a) or (b). (a) Date of execution of the Affidavit of Consent required by ~3301(c) of the Divorce Code: By Plaintiff: June 15, 2004 and By Defendant: February 23, 2004. (b) (1) Date of execution of the Affidavit required by §3301(d) of the Divorce Code: N/A. (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: N/A. 4. Related claims pending: Pursuant to Paraqraph 2 of the parties' Matrimonial Settlement Aqreement, the Aqreement shall be incorporated, but shall not merqe in the final Divorce Decree. 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file a Praecipe to Transmit Record, a copy of which is attached: N/A (b) Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: June 17, 2004; Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: F~)ruary 25, 2004. By: 1CELL' ichole 719 N. {arrisbu (717) ID No. ILER O'Gorman, eet . PA 17102 234-4178 7!)866 Esq. 1N THE COURT Of COMMON PLEAS MEGAN E. JOHNSON, Plaintiff RaNDALl A. JOHNSON, Defendant Of CUMBERLAND COUNTY STATE Of ~~ PENNA. :2003-4321 CIVIL NO. AND NOW, DECREED THAT AND DECREE IN DIVORCE ORDERED AND MEGANE. JOHNSON. RaNDALL A. JOHNSON , pIAI NTI FF, , 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; Pursuant to Paragraph 2 of the parties' Matrimonial Settlement Agreement, the Agreement shall be incorporated, but shall not merge in the fj~:e Decree. ATTEST: PROTHONOTARY + + +- + + + + + + + + + + + + + + + + + + ,~a oF.- ~ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MEGAN E. JOHNSON Plaintiff vs. RANDALL A. JOHNSON Defendant ) Docket Number ) ) PACSES Case Number ) ) Other State ID Number 03-4321 CIVIL 310105857 ORDER AND NOW, to wit, on this 1ST DAY OF JULy, 2004 IT IS HEREBY ORDERED that the support order in this case be O Vacated or OSuspended or ~) Terminated without prejudice or O Terminated and Vacated, effective JUNE 1, 2004 , due to: THE PARTIES' MATRIMONIAL SETTLEMENT AGREEMENT. THERE IS A REMAINING BALANCE OF $61.05 OWED TO THE PLAINTIFF AND IS TO BE PAID lin FULL WITHIN TEN DAYS OF THIS DATE. DR0: RJ Shadday xc: plaintiff defendant Mark Emery, Esquire Nichole O'Gonnan, Esquire Service Type M ~ BY THE CO~ Edward E. Guido ~ ~ JUDGE Form OE-504 Worker ID 21005 MATRIMONIAL SE'I-I'LEMENT ,AGREEMENT THIS AGREEMENT, made thiS~dPa~)~of ,June, 2004, by and between Randall A. Johnson, 1210 Edinburg Court, New Cumberland, Cumberland County, Pennsylvania ("Husband"), and Megan E. Johnson, 100 ,Penns Run Road, Mechanicsburg, Cumberland County, Pennsylvania ("Wife") on March 25, 2000. R__ecitals: The parties hereto, being Husband .and Wife, were lawfully married B. Differences have arisen between Husband and Wife in consequence of which they have begun to live separate and apart from each other as of June 8, 2003. C. Husband and Wife acknowledge that they both have consulted their attorneys and have been advised by their attorneys of all of their rights and duties or have had the opportunity to consult independent legal counsel and have willfully, knowingly and voluntarily waived the dght to consult an attorney. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertaking herein contained, the parties, each INTENDING TO BE LEGALLY BOUND, agree as follows: reference. Re___citals_. The Recitals set forth abovE; are incorporated herein by 2. D_ ivorc42_. It is specifically understood and agreed by and between the parties, and each party does hereby warrant and represent to the other that, as defined in miles. Within ten (10) days of execution of this Agreement, Wife will provide Husband with all documents relating to repairs and maintenance performed on the vehicle within the last year. 9. O~ther Writinn,~. Each of the parties hereto agrees to promptly execute any and all documents, deeds, waivers, bills of sale, tax returns or other writings reasonably necessary to carry out the intent of this Agreement. 10. Further Debt. (a) Wife shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands, including attorneys' fees and costs, made against him by reason of debts or obligations incurred by her. (b) Husband shall not contract or incur any debt or liability for which Wife or her property or estate might be responsible and shall indemnify and save ham]less Wife from any and all claims or demands, including attorneys' fees and costs, made against her by reason of debts or' obligations incurred by him. 11. _Alimony, Alimony Pendente Lite and Sp<~. Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of property are fair, adequate and satisfactory to them, and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support, maintenance or alimony. Each party shall indemnify, defend and hold 'the other harmless against any future action for support, maintenance or alimony, modification or extension of same, brought by or on behalf of the other, such indemnity to include the counsel fees and costs of the defendant in any such future action. Wife is currently receiving Alimony Pendente Lite. Husband's obligation to pay Alimony Pendente Lite shall terminate effective June 1, 2004. He shall continue to pay on arrears, if any, until paid in full. 12. Mutual Release. Except as otherwise provided herein and so long as this Agreement is not canceled by subsequent agreement, the parties hereby release and discharge, absolutely and forever, each other from any and all rights, claims and demands, past, present and future, specifically from the following: alimony pendente lite; alimony; spousal support; division of property; claims or rights of dower and dght to live in the House; dght to act as executor or administrator in the other's estate; rights as devisee or legatee in the Last Will and Testament of the other; any claim or dght as beneficiary in any life insurance policy of the other unless specifically named otherwise or as required herein; and any claim or right in the distributive share or intestate share of the other 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written: WITNESS: WIFE: Meg~ E. Jo~l~son WITNESS: HUSBAND: Randall A. Johnson 14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF · SS.: On this, the .~J day of ~'.~¢ , 2004, a Notary Public, the undersigned officer, persor~ally appeared Megan E~Johnson, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF Notary Public My Comrnission Expires: (SEAL~____ . JMARK K. EMER~r, Notary' Public ~ City of Ha~isburg, Dauphin County ~ C~mmission Expires Jan. 10, 2007 : SS.: On this, the .--~9,1~. day of ~, 2004, a Notary Public, the undersigned officer, personally appeared Johnson, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 15 My Commission Expires: (SEAL) COMMON~/EALTH OF PENNSYLVANIA Notarial Seal Angela S. Shaffer, Notary Public City Of Harrisburg, Dauphin County My C~nrnission Expires Jan. 12, 2008 Member. Pennsylvania Association Of In the Court of Common Pleas of CUMBERLAI~0 County, Pennsylvania DOMESTIC RELATIONS SECTION F-~,REN R. WELSCH Plaintiff v$, JEFFREY K. WELSCH Defendant ) Docket Number 195 S 94 ) ) PACSES Case Number 092000031 ) ) Other State ID Number ORDER AND NOW, to wit, on this 1ST DAY OF aULy, 2004 IT IS HEREBY ORDERED that the support order in this case be O Vacated[ or OSuspended or (~) Terminated without prejudice or © Terminated and Vacated, effective JUNE 1, 2004 , due to: THE MINOR CHILD, CHARLENE, ATTAINING MAJORITY AGE liND COMPLETING HER SECONDARy EDUCATION ON JUNE 1, 2004. THE CASE IS CLOSED WIT}[ A CREDIT OF $464.04. DRO: RJ Shadday xc: plaintiff defendant Service Type M Edgar B. Bayley JUDGE Form OE-504 Worker ID 21005 MEGAN E. JOHNSON Plaintiff VS, RANDALL A. JOHNSON Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION :IN DIVORCE · NO. 03-4321 MOTION TO ENFOR~.T_..T..L_EM_ ENT AGREEMENT AND ~MOTION FOR ATTORNEY'S FEF~ AND NOW comes the Plaintiff, Megan E. Johnson, by and through her attorney, Mark K. Emery, Esquire, and files this Motion to Enforce Matrimonial Settlement Agreement and Motion for Attorney's Fees: 1. The parties entered into a Matrimonial Settlement Agreement dated June 22, 2004. Copy of said Agreement is attached and incorporated fully herein as Exhibit "A". A Divorce Decree was issued on June 29, 2004· Pursuant to Paragraph 8 of the Agreement, Defendant was provided ownership of a 2002 Toyota 4-Runner, and was required to make all lease payments 4- such vehicle in a timely manner. As of July 20, 2004, Defendant had not made payments on the 4- Runner for either June or July 2004, and had further failed to make payment of $200.00 as was required at the time the Agreement was executed. Payments of $620.23 are due on the 16th of every month. 10. 11. 12. On July 20, 2004, correspondence was directed to Defendant's counsel providing Defendant notice that he was in default of the Agreement, and that if he did not cure such default a Motion to Enforce, the Settlement Agreement and Motion for Attorney's Fees would be filed. A copy of such correspondence is attached and incorporated fully herein as Exhibit "B". Pursuant to Paragraph 8 of the Agreement, Husband is required to provide a copy of the check or other written evidence of payment for the Toyota, 4- Runner within five days of the due date. As of the date of this Motion, Defendant has not made payment for the months of July and August, 2004, and has not provided evidence of such payment to Plaintiff. As shown on the account statement attached hereto as Exhibit "C", the July 16, 2004 payment has not been made, and additional late charges have been incurred in the amount of $93.03, for a total due or' $713.26. This amount does not include the August payment, which it is believed will also not be made in a timely manner. Defendant has advised plaintiff that he has no intention of getting the payments current. Pursuant to Paragraph 8 of the Agreement, Defendant is required to maintain insurance on the Toyota 4-Runner, and provide evidence of such insurance to Plaintiff. Defendant has not provided evidence of insurance, yet has obtained possession of the vehicle. 13. Pursuant to Paragraph 8 of the Agreement, Defendant cannot take possession of the 4- Runner until such time as he obtains, and provides evidence of, insurance on that vehicle. 14. Pursuant to Paragraph 18 of the Agreement, Defendant shall pay all costs and attorney's fees incurred by Plaintiff in the event that legal proceedings are instituted in order to enforce the Agreement. 15. As Defendant is in breach of the Matrimonial Settlement Agreement and any attorney's fees or other costs incurred by Plaintiff is required to be borne by Defendant. 16. Attorney fees and costs are, at this time, Three Hundred and 00/100 ($300.00) Dollars. Such costs and fees will increase upon any further legal action beyond the preparation and filing of this Motion. 17. Pursuant to the Agreement, Defendant is in breach due to his failure make payment for July and August, 2004 on the Toyota 4-Runner, and due to his failure obtain insurance and/or provide evidence of such insurance on the vehicle. WHEREFORE, Plaintiff respectfully request this Honorable Court enter an Order finding the Defendant in breach of the Matrimonial Settlement Agreement and order Defendant to immediately make payment of the July and August 2004 payments for the Toyota 4- Runner in the amount of $1333.49 and any a,~lditional late fees or charges, immediately obtain insurance on such vehicle and/or provide evidence of such insurance, and further award all costs and attorney's fl.~es to Plaintiff, in the current amount of Three Hundred ($300.00) Dollars. Respectfully .,submitted, LAW OFFICES OF MARK K. EMERY DATE: ~'" / (-~'-( By: Mark K. Emery, Esquire Supreme Court I.D. No. 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Plaintiff 4 MATRIMONIAL SETTLEMENT AGREEMENT made this',~d~0~ THIS AGREEMENT, ~.~ay of June, 2004, by and between Randall A. Johnson, 1210 Edinburg Court, New Cumberland, Cumberland County, Pennsylvania ("Husband"), and Megan E. Johnson, 100 Penns Run Road, Mechanicsburg, Cumberland County, Pennsylvania ("Wife") Rec~als: A. The pa~ies hereto, being Husband and Wife, were la~Ully ~a~d on March 25, 2000. ': ': '~ B. Differen~s have arisen be~een Husband and Wife in consequen~ of which they have begun to live separate and apa~ from each other as of June 8, 2003. C. Husband and Wife acknowledge thai: they both have consulted their a~omeys and have been advised by their aEorneys of all of their rights and duties or have had the oppo~un~ to consult independent legal counsel and have willfully, knowingly and voluntarily waived the right to consult an aEorney. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertaking herein contained, the parties, each INTENDING TO BE LEGALLY BOUND, agree as follows: Recitals. The Recitals set forth above are incorporated herein by reference. 2. Divorce. It is specifically understood and agreed by and between the parties, and each party does hereby warrant and represent to the other that, as the Divorce Code, their marriage is irretrievably broken. Wife has filed an action in the Court of Common Pleas, Cumberland County, Pennsylvania, at Docket No. 2003-4321. The parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all actions) necessary to assure that a divorce pursuant to 23 Pa. C.S.A. § 3301 of the Divorce Code is entered as soon as possible. In particular, the parties, within 10 days of the date of the Agreement, will execute and deliver to Wife's counsel all documents necessary to obtain a final divorce decree. This Agreement and any ancillary or supplemental agreements shall be incorporated by reference but not merged into the proposed Divorce Decree presented to the Court. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by each other. Neither party shall molest the other in any way whatsoever nor endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 2 Marital Property. (a) Personal Property. Husband and Wife acknowledge that they currently have in their possession all of their separate and distinct personal property. (b) Retirement, Pension, 401-K Plan. Husband and Wife hereby relinquish all dght, title and interest in the other's retirement funds, pension benefits, deferred compensation, or any other employee benefit. (c) Financial Accounts. Husband and Wife shall retain all bank, investment and other financial accounts titled in his or her name. Debts and Obligations. (a) Individual debts/obligations. Each party hereby agrees to pay and hereby agrees to hold '[he other harmless from any and all personal debts and obligations incurred by him or her on or after the date of separation (6/8/03). If any claim, action or proceeding is hereafter brought seeking to hold the other party liable on account of .any such debts and obligations, such party will at his or her sole expense defend the other party against any such claim, action or proceeding, whether or (b) not well-founded, and indemnify the other party against any loss resulting therefrom, including reasonable attorneys' fees and costs. Marital debts/obligations. The parties represent and warrant that there are no marital debts or obligations except those set forth below and in Paragraph 8 (regarding Automobiles) of this Agreement. Credit card debts/obliclations. Husband and Wife represent that there exist credit card debts in their individual names. Husband and Wife agree that they will each be solely responsible for all such debt which exists in their names. Such debts, and the responsible party, are as follows: Sears Husband Providian I-lusband Capital One Gold Husband Capital One Platinum Husband Boscovs Wife Each party otherwise hereby expressly agrees to indemnify, defend and hold harmless the other from any and all liability, direct or indirect, including attorneys' fees and costs, which may arise in connection with an obligation, joint or otherwise, for which the party has agreed hereunder to bear sole or partial responsibility, or which the party has failed to disclose and provide for herein. 4 5. Le,qal Fees. Each party agrees that they shall be responsible for their own legal and other fees incurred by them in connection with this domestic relations matter unless otherwise specified herein or otherwise agreed to by them. 6. Payment to Wife. At the time of execution of this Agreement, Husband shall pay to Wife the sum of Two Hundred and 00/100 ($200.00) Dollars as equitable reimbursement and as consideration for the cz)venants and agreements made herein. 7. Rental Property. Husband has executed a new lease, solely in his name, for the rental property previously occupied by the parties. Wife shall no longer be responsible for any obligations under the lease, including damage to the property. Wife shall relinquish any claim to any unused portion of the, security deposit held by Triple Crown Corporation. 8. Automobiles. The parties are the owners of a 2003 Toyota Corolla "Corolla"), and the lessees of a 2002 Toyota 4-Runner ("4-Runner"). Upon execution of this Agreement, the Corolla shall become the sole free and clear property of Wife, and Wife shall insure and assume all liability therefor except as otherwise set forth herein. Wife assumes responsibility for timely payment and eventual satisfaction of the joint Toyota loan encumbering the vehicle. Wife agrees to indemnify, defend and hold Husband harmless from and against all liability as a result of her failure to insure or pay the loan associated with the vehicle, said indemnification to include attorneys' fees and costs. Husband waives any right, title or interest he may have in and to said automobile and shall promptly execute any title or transfer documents necessary to fulfill this provision, either herewith or when presented to him. Upon execution hereof, and upon all other conditions set forth herein being satisfied, the 4-Runner shall become the sole free and clear property of Husband, and Husband shall insure and assume all liability therefor, including any excess mileage charge that may be incurred now or in the future, except as otherwise set forth herein. Husband assumes responsibility for timely payment and eventual satisfaction of the Toyota lease in Wife's name. Husband agrees to indemnify, defend and hold Wife harmless from and against all liability as a result of his 'failure to insure or pay the lease associated with the vehicle, said indemnification to include attorneys' fees and costs. Wife waives any right, title or interest she may have in and to said automobile and shall promptly execute any title or transfer documents necessary to fulfill this provision, either herewith or when presented to her. Husband shall not take possession of the 4-Runner until such time as he provides written documentation evidencing that he has obtained insurance for the vehicle. Within five (5) days of the due date of the loan/lease and insurance payments, each party shall forward a copy¢ of the check or other written evidence of payment to the other. In the event a party fails to satisfy his or her obligation to insure or make the regular monthly payments due on the vehicle loan or lease, the non-defaulting party shall 6 provide the defaulting party with no less than fifteen (15) days written notice and opportunity to cure the default. In the event the default is not cured within the time stated, the non-defaulting party shall have the right to take possession of the vehicle, cure the default and to collect from the defaulting party all expenses associated therewith, including attorneys' fees and costs. Possession shall be restored promptly upon satisfaction of these obligations. Notice shall be made by First Class mail, postage prepaid, at the address listed on the first page of this Agreement, or at such other address as a party may provide following execution of this Agreement. Husband warrants and affirms that the payments for the Corolla are current and paid in full up to the end of June, 2004. Husband warrants and affirms that the Corolla has no known current damage or necessary repairs, excluding such repairs as would be common for a like vehicle of the same condition. Wife warrants and affirms that the payments for the 4-Runner are current and paid in full up to the end of June, 2004. Wife warrants and affirms that the 4-Runner has no known current damage or necessary repairs, excluding such repairs as would be common for a like vehicle of the same condition. In the event it is subsequently determined that either party'~ affirmation regarding damage and repairs is not accurate, he or she shall be responsible to the other for all expenses associated with such damage or repair .and all attorneys' fees and costs incurred to enforce this provision. Wife further warrants and affirms that the current mileage on the 4-Runner, as of the date of this Agreement, is not greater than 66,000.00 miles. Within ten (10) days of execution of this Agreement, Wife will provide Husband with all documents relating to repairs and maintenance performed on the vehicle within the last year. 9. Other Writings. Each of the parties hereto agrees to promptly execute any and all documents, deeds, waivers, bills of sale, tax returns or other wdtings reasonably necessary to carry out the intent of this Agreement. 10. Further Debt. (a) Wife shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands, including attorneys' fees and costs, made against him by reason of debts or obligations incurred by her. (b) Husband shall not contract or incur any debt or liability for which Wife or her property or estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands, including attorneys' fees and costs, made against her by reason of debts or obligations incurred by him. 11. Alimony, Alimony Pendente Lite and Spousal Support. Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of property are fair, adequate and satisfactory to them, and are accepted by 8 them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further voluntarily and intelligently waive and relinquish any right to seek from the other any payment for suppod:, maintenance or alimony. Each party shall indemnify, defend and hold the other harrr~less against any future action for support, maintenance or alimony, modification or extension of same, brought by or on behalf of the other, such indemnity to include the counsel fees and costs of the defendant in any such future action. Wife is currently receiving Alimony Pendente Lite. Husband's obligation to pay Alimony Pendente Lite shall terminate effective June 1, 2004. He shall continue to pay on arrears, if any, until paid in full. 12. Mutual Release. Except as otherwise provided herein and so long as this Agreement is not canceled by subsequent agreeme,nt, the parties hereby release and discharge, absolutely and forever, each other from any and all rights, claims and demands, past, present and future, specifically from thE; following: alimony pendente lite; alimony; spousal support; division of property; claims or rights of dower and right to live in the House; right to act as executor or administrator in the other's estate; rights as devisee or legatee in the Last Will and Testament of the other; any claim or dght as beneficiary in any life insurance policy of the other unless specifically named otherwise or as required herein; and any claim or right in the distributive sharE; or intestate share of the other 9 party's estate, all unless specified to the contrary herein or in a subsequent writing signed by the parties hereto. This release shall not include the right of each party to proceed with the instant cause of action in divorce and all causes of action for breach of this Agreement. 13.?ax Return. The parties have elected to file as married, filing individually, for tax year 2003. Each party shall be solely liable for any tax liability from 2004 forward and each shall indemnify, defend and holld the other harmless from and against any such liability for tax years commencing in 2004 and thereafter. As to all tax years pdor to 2004, each party represents and warrar~ts to the other that each has provided true and accurate information concerning all income from all sources, all deductions and legitimate business expenses and that, to the best of the knowledge of each, all such tax returns have been true, correct and accurate. In the event the Internal Revenue Service or any other taxing agency shall examine or audit such returns and shall determine there was or' has been a failure to state income or a disallowance of claimed deductions, the parties shall share equally all tax, penal~t, attorneys' and accountants' fees due unless a party has committed fraud or intentional misrepresentation. In the event of fraud or intentional misrepresentation, the guilty party shall bear sole responsibility for the payment of any such additional tax liabilities, penalties, interest or the like which may be thereafter assessed and shall indemnify and save the other party harmless of and from any and all claims, demands, suits, actions or causes of action, 10 costs and expenses, (including reasonable attorneys' and accountants' fees), to which such person or party may become exposed or liable by reason of such additional taxes, penalties, interest or the like. 14. Medical/Health Insurance. Upon execution hereof, each party shall be responsible for their own medical/health insurance and the maintenance thereof, if any. 15. Entire Aqreement. This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or wdtten, of any nature whatsoever, other than those herein contained. 16. Leqally Bindinq. It is the intent of the parties hereto to be legally bound hereby, and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and assigns. 17. Full Disclosure. Each party asserts that she or he has fully and completely disclosed all the real and personal wheresoeveE located belonging in any way to property of whatsoever nature and each of them; of all debts and encumbrances incurred in any manner whatsoever by each of them; of all sources and amounts of income received or receivable by each party; and of every other fact relating in any way to the subject matter of this Agreement. 'These disclosures are part of the consideration made by each party for entering into this Agreement. Each party further represents and warrants that there are no undisclosed debts or obligations for which the 11 other party may be liable, and each party shall indernnify and hold harmless the other party from any such liabilities, including attorneys' fees and costs. 18. Costs to Enforce. In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement, and legal proceedings are commenced to enforce such dut¢ or obligations, the party found to be in default shall be liable for all expenses, including reasonable attorneys' fees, incurred as a result of such proceedings. 19.Aqreement Voluntary and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she respectively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the dghts and liabilities of both parties; (b) Enters into this Agreement voluntarily after receiving the advice of independent counsel or, having been advised to consult independent counsel, has knowingly and voluntarily chosen to forego such consultation; (c) Has given careful and mat~,re thought to the making of this Agreement; (d) Has carefully read each provision of this Agreement; and 12 (e) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal affect. 20.Amendment or Modification. This Agreement may be amended or modified only by a written instrument signed by both parties. 21. Reconciliation. If the parties should reconcile, this Agreement shall remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 22.Applicable Law. This Agreement shall be governed, construed and enforced under the statute and case law of the Commonwealth of Pennsylvania. 23. Counterparts. This Agreement may be executed in separate counterparts, each counterpart deemed an original and when combined represents the legal binding intent of the parties hereto. 24. Severability. If any part of this Agreement is determined to be invalid by a court of competent jurisdiction, such determination shall not invalidate the entire document but shall apply only to that phrase, sentence, paragraph or section. The remainder of the sentence, paragraph, section and Agreement shall continue in full force and effect. 13 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written: WITNESS: WIFE: ~eg~j~ E. Jonson WITNESS: HUSBAND: Randall A. Johnson 14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF : SS.: On this, the ~J day of ~)~',~¢ , 2004, a Notary Public, the undersigned officer, personally appeared Megan E.--Johnson, known to me (or satisfactorily proven) to be the person whose name is s[~lbscribed to the within instrument and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF Notary Public My Commission Expires: (SEAL)___.._______ ~ MARK K. EMERY.. ~ City of Ha~isbur,, ~ummlsslon Expires J~. ~0. 2007] : SS.: On this, the ~-~q,~?~day of ~,C4L~. , 2004, a Notary Public, the un.d.e, rsi.gn.e,d officer, personally appeared ~ Johnson, known to me (or sa[~sfactonly proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my ihand and official'seal. My Commission Expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA, Notadal Seal Ar~.-la S. Shaffer, Notary Public City C~ Hanisburg, Dauphin County My Cot nmission Expires Jan, 12, 2008 1 5 Member, Pennsylvania Association Of Notaries LAW OFFICES OF MARK K. EMERY 410 North Second Street Harrisburg, PA 17102 (717) 238-9883 Mark K. Emery, Esquire Fax (717) 238-9884 e-mail memerylaw@aol.com July 20, 2004 Nichole M. Staley O'Gorman, Esquire Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102-2392 Via fax 234-0409 Dear Nichole: RE: Johnson v. Johnson Your client is already in breach of the Matrimonial Settlement Agreement. While based on his prior irresponsible Conduct I knew it was inevitable that a breach would occur, but I had hoped it would not have occurred so immediately. Randy has not paid the $200.00 due upon signing, as required under paragraph 6. Payment will be made directly to Megan by no later than 5:00 p.m. on Friday July 24, 2004. If payment is not made by that time, on Monday I will move forward with legal action. Once it is commenced I will not withdraw the action upon payment of the original amount, and will follow it through until all attorneys' fees are paid. Further, Megan has been contacted regarding his failure to make the monthly payments on the 4-runner. This will act as formal notice of the default and demand that it be cured. If you would prefer that I send formal notice directly to Randy please advise immediately, otherwise I will assume you accept this correspondence as proper notice. © © Very truly yours, LAW OFFICES OF: MARK K. EMERY MKE/vh By: __ Mark K. Emery ToyotaFinancial,com _ Account Detail Pa. ge 1 oF 1 Access Account Account Detail [ Pa ff~c_n)at o~nn [ ~ Lease Account Detail Contract Type: Scheduled Maturity Date: 10/07/2005 Monthly Payment Amount: $620.23 Last Payment Received Date: 07/29/2004 Last Payment Amount: $620.23 Next Payment Due Date: 07/16/2004 Next Payment Due Amount: $620.23 Past Due Payments: Late Charges: $0,00 $93.03 Miscellaneous Charges: ~ Total Due: $713.26 Information displayed wa~ last updated on 08/11/2004. Account N 020392974 Name(s) o Primary: 3OHNSON H Address(e Residence: 100 PENNS MECHANICS PA 17050-8 H: (717) 55 W: (717) 2 Vehicle De O0 TOYOTA 3T3HN87R4 Leasing De TRI-COUNT LTD. 2148 E. POTTSTOW PA 19464 (215) 327-1 Privacy PolicjL~and Terms of Use https://www.toyotafinancialo£sc.com/my_tfs/access_account/AccountDetail.do: VERIFICATION I, Megan E. Johnson, hereby verify that I have read the foregoing Motion and that the information contained therein is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: Megar~ Johns~ ' CERTIFICATE OF SERVICE AND NOW, this 11th day of August, 2004, I, Mark K. Emery, Esquire do hereby certify that I have served the foregoing Motion by mailing a true and correct copy via United States first class mail, addressed as follows: Nichole M. Staley O'Gorman, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 LAW OFFICES OF MARK K. EMERY Mark K. Emery MEGAN E. 3OHNSON V. I:U~,NDALL A. 'IOHNSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PI--NNSYLVANIA NO. 2003-4321 CIVIL TERM ORDER OF COURT AND NOW, this 30TM day of AUGUST, 2004, a hearing on the "Motion to Enforce Matrimonial Settlement Agreement and Motion for Attorney's Fees" will be held on I~IONDA¥, AUGUST 30, :ZOO4, at 8:31) a,m. in Courtroom # 5 of the Cumberland County Courthouse, Carlisle, Pa. Edward E. Guido, 3. v,l~ark K. Emery, Esquire For the Plaintiff ,,~lJcole M. Staley O'Gorman, Esquire For the Defendant :sld