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HomeMy WebLinkAbout07-61294 F:\FILES\Clients\12754 Johnston\12754.Ldivcom Crgated? 6/1/06 8:50AM Revised: 10/18/07 0:49PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KATHRYN Z. JOHNSTON, Plaintiff v. PAUL D. JOHNSTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- & I ?- q CIVIL ACTION - LAW : IN DIVORCE/CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 KATHRYN Z. JOHNSTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07- ?--q CIVIL ACTION - LAW PAUL D. JOHNSTON, Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Kathryn Z. Johnston, who currently resides at 10 Church Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. Defendant is Paul D. Johnston, who currently resides at 93 2nd Street, l5` Floor, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on August 24, 1996, in Winter Haven, Florida. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Servicemember's Civil Relief Act. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 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 marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301 of the Divorce Code. COUNT II REQUEST FOR CONFIRMATION OF CUSTODY UNDER SECTION 3104(A)(2) AND 33238) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. Plaintiff seeks shared custody of the child, William Paul Johnston, who was born on February 4, 2005. The child was not born out of wedlock. 11. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: Name Date Parties Birth - Present Address 10 Church Road, Carlisle, PA 17015 12. The relationship of the Plaintiff to the child is that of mother. She is married and living separately. The Plaintiff currently resides with the following: Name Relationship William Son 13. The relationship of the Defendant to the child is that of father. He is married and living separately. The Defendant currently resides with the following: Name Relationship William Son 14. Plaintiff has not participated in any other litigation concerning the child in this or any other state. 15. Plaintiff knows of no person not a party to these proceedings who has physical custody of the child or who claims to have custody, partial custody or visitation rights with respect to the child. 16. The best interests of the child will be served if shared custody of him is confirmed. WHEREFORE, Plaintiff respectfully requests the Court enter an order granting her primary physical custody of William. MARTSON LAW OFFICES Date: iulitilR By W Jenni r V. Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Divorce Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. FAFILEST ients\12754 Johnston\I2754.1.divcom ? C t A\1 \ V V d ? O s c ?? fyi 1 N O ?J C) --4 co w ?ry?yy l ' :l ? j (-f i KATHRYN Z. JOHNSTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2007-6129 CIVIL ACTION LAW PAUL D. JOHNSTON IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, October 23, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at_ 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, November 27, 2007 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. IjLd" Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 z C.o h)oo? Ca fop o/ ROZ 3HI 40 F:\FILES\C11ents\12754 Johnston\12754.1.20s Created: 519105 2:28PM Revised: 10/18/07 3:43PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KATHRYN Z. JOHNSTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6129 CIVIL ACTION - LAW PAUL D. JOHNSTON, Defendant : IN DIVORCE/CUSTODY ACCEPTANCE OF SERVICE I hereby accepted service of the Divorce Complaint on 2007, as Defendant in the above matter. ? 40ekVfi Paul Johnston, Def dart Date: October 29, 2007 t`? ? 0 rr, ? ^ Cil ^u° F:IFILESTlientsM754 Johnston112754.1.custodystip Created: 519!05 2:28PM Revised: 10118/07 1:OOPM ro^T w O 2007 is Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KATHRYN Z. JOHNSTON, Plaintiff V. PAUL D. JOHNSTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- (/ 107 c CIVIL ACTION - LAW IN DIVORCE/CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, the parties, by and through their attorneys, stipulate and agree as follows: 1. LEGAL CUSTODY 1. The parties hereby agree to share legal custody of the minor child, William Paul Johnston, born February 4, 2005. All decisions affecting the child's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the child, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the child's best interest. 2. Each party agrees to keep the other informed of the progress of the child's education and social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody of the child. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of the child. 3. While in the presence of the child, neither parent shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or W 3 4 0 ~ N Q uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. 4. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage him to participate in the plan hereby agreed and ordered. 5. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the child as a messenger. Furthermore, neither parent shall discuss with the child any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. The Father's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events. 9. Neither parent shall schedule activities or appointments for the child which would require their attendance or participation at said activity or appointment during a time when he is scheduled to be in the physical custody of the other parent without that parent's express prior approval. 2 a 10. The parties hereby acknowledge that they have discussed and jointly made the following decisions: a. The parties agree that Carlisle Pediatrics will continue to be the child's pediatrician and accordingly, will provide medical treatment to the child when necessary. b. The parties acknowledge that they each expect the child to attend college and post-high school training if William is a good student with a high probability of gaining entrance and succeeding in college. The parties agree that they shall each be actively involved in the selection of an appropriate post-high school education for the child and that the choice of any college or institution shall be mutually agreed upon by Father, Mother and the child, taking into consideration the parents' then financial ability and economic circumstances, and the child's needs, desires, talents and aptitudes for post-high school education. II. PHYSICAL CUSTODY The parents shall share physical custody of the child. Mother shall have primary physical custody. Father shall have partial custody as periodically determined by mutual agreement. Failing mutual agreement to the contrary, the following schedule shall apply: 1. Father shall have custody of William from 1:00 p.m. on Tuesday through 9:00 a.m. on Wednesday; 2. Father shall have custody of William from 8:30 a.m. on Friday through 12:00 p.m. on Saturday; 3. Easter Sunday from 9:00 a.m. until 6:00 p.m. with Mother in odd years and with Father in even years. 4. Thanksgiving Day from 9:00 a.m. until 6:00 p.m. with Father in odd years and Mother in even years. 5. Christmas Eve Day from 9:00 a.m. until 12:00 p.m. Christmas Day with Mother every year. 3 6. Christmas Day from 12:00 p.m. until 12:00 p.m. December 26 with Father every year. 7. New Year's Day from 9:00 a.m. until 6:00 p.m. with Father in odd years and Mother in even years. 8. Father's Day from 9:00 a.m until 6 :00 p.m. (Sunday) with Father every year. 9. Mother's Day from 9:00 a.m until 6:00 p.m. (Sunday )with Mother every year. 10. Father's birthday, September 14, from 9:00 a.m. until 6:00 p.m. every year with Father; 11. Mother's birthday, May 23, from 9:00 a.m. until 6:00 p.m. every year with Mother. 12. July 4`n from 9:00 a.m. until 6:00 p.m. with Mother in odd years and Father in even years. 13. Each parent shall have physical custody of the children for attendance at family funerals, near death situations and at weddings with reasonable notice to the other parent. III. TELEPHONE PRIVILEGES The parties agree that there shall be reasonable telephone access between the child and both parents. The child shall be permitted free access to place calls to his parents at any time he desires. IV. RELOCATION The parties have negotiated the custody and partial custody portions of this Agreement based upon existing circumstances, and in particular, based upon Mother's and Father's current residences in Cumberland County, Pennsylvania. Neither party is able to travel out-of-state with the child without prior permission from the other parent. If either parent desires to establish a residence far enough away from his or her present residence that makes the current custody schedule unworkable or inconvenient, he or she shall give the other parent at least sixty (60) days' written notice in 4 advance of the proposed move, in order to give the parties the opportunity to confer, prior to the relocation, and to establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances. In the event that the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody/partial custody order. This Stipulation shall be entered as an Order of the Court. z6c--- J? V. olk7 at Z. Yo- on, Mother Paul D. Johnsto Father 'i^1 /) A n fdr Plaintiff Date: v l 2 o a7 5 BY THE COURT: NOV 0 62W KATHRYN Z. JOHNSTON IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 07-6129 CIVIL ACTION LAW PAUL D. JOHNSTON Defendant IN CUSTODY ORDER AND NOW, this 6th day of November, 2007 , the conciliator, being advised by plaintiff s counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for November 27, 2007, is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator VINVRIASNNU AiNno1c, ^,, ,?, AWtI 91 :$ WV C I AQN LQDZ AWIONO O8d :Hi 10 ?. -0 jfj F:\FILES\Clients\12754 Johnston\12754.I.msa Created: 6/1/06 8:50AM Revised: 2/7/08 4:06PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KATHRYN Z. JOHNSTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6129 CIVIL ACTION - LAW PAUL D. JOHNSTON, Defendant IN DIVORCE/CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on October 18, 2007. 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 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 unsworn falsification to authorities. Date: Paul D. J (-) ?., 7i .?? f Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KATHRYN Z. JOHNSTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6129 CIVIL ACTION - LAW PAUL D. JOHNSTON, Defendant IN DIVORCE/CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on October 18, 2007 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 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 unsworn falsification to authorities. Date: 2 X11e V Kat . J s laintiff rw- - d ? d"71 "C1 ,-} rw1 rw.. ..., t fl F `,F1LES\Clients\12754 Johnstonk12754.1.tnsa 4 Created: 611/06 8:50AM Revised: 1/29i08 10:33AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KATHRYN Z. JOHNSTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PAUL D. JOHNSTON, Defendant NO. 07-6129 CIVIL ACTION - LAW IN DIVORCE/CUSTODY MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this day of , 2008, by and between KATHRYN JOHNSTON, of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Wife") and PAUL JOHNSTON of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Husband'): WITNESSETH: WHEREAS, the parties were married on August 24, 1996, in Winter Haven, Florida; WHEREAS, one child, William, was born of the marriage of the parties; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. ?a ?, NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though 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. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that Wife filed a Complaint in Divorce in Cumberland County, Pennsylvania on October 18, 2007, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, 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 such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE: The transfer ofproperty, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution ofthis Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy 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 a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of Husband and Wife to give 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. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: This Agreement has been prepared by Jennifer L. Spears, Esquire, of Martson Law Offices, counsel for Wife. At the commencement of and at all stages during the negotiation of this Agreement, Husband has been informed that Jennifer L. Spears, Esquire, has acted solely as counsel for Wife and has not advised nor represented Husband in any manner whatsoever. Husband, at the commencement of and at all stages during the negotiation of this Agreement, has been advised that he could be represented by counsel but at all times has elected not to be so represented. Husband has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it clearly and voluntarily. Wife has been counseled by her attorney, and the parties together have come up with the following agreement. The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. BANK ACCOUNTS CERTIFICATES OF DEPOSIT AND LIFE INSURANCE: Husband and Wife acknowledge that all joint bank accounts have been closed and divided to their mutual satisfaction. They hereby agree that each shall become sole owner of their individual bank accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest in, or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash value of the other's life insurance policies. 13. MOTOR VEHICLES: Husband and Wife agree that each will retain the vehicle in their possession as their own property and shall indemnify the other as to any liabilities, loans, maintenance and insurance payments regarding their respective vehicles. Husband shall retain the Toyota Camry and Wife shall retain the 2001 Honda Odyssey. The parties agree to execute any necessary documents to transfer title to their respective vehicles. 14. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 15. INCOME TAX: Husband and Wife agree to file separate tax returns for the tax year 2008. Husband and Wife also agree to file a joint return for 2007 and split evenly any refund received. For any tax returns filed jointly in the past, both parties agree that in the event any deficiency in Federal, State or Local Income Tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 16. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 17. CHILD SUPPORT: Husband shall pay to Wife $275.00 by the end of each month to cover expenses for the child, including child care. If Husband pays late, or does not pay at all, Wife may file for child support through the Domestic Relations Office of Cumberland to collect and enforce the child support payments pursuant to the Pennsylvania Guidelines. 18. WAIVER OF ALIMONY: Except as otherwise provided herein, Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs, except for alimony pendente lite or spousal support payable by Husband to Wife prior to the date of execution of this Agreement. 19. PENSIONS / RETIREMENT/ INVESTMENT ACCOUNTS: a. Wife's PCUSA Pension: Wife shall transfer to Husband via a QDRO 50% of the marital portion (from September 23, 2001, when started to the date of divorce) of her Presbyterian Church pension. b. Husband's Baron Asset Fund (Account No. 651038): The value of this account was $14,514.00 as of September 30, 2007. Husband shall transfer 82.5% of this account to Wife, which transfer shall be completed no later than 30 days of this Agreement. C. Husband's Baron Growth Fund (Account No. 651038): The value of this account was $16,951.00 as of September 30, 2007. Husband shall transfer 82.5% of this account to Wife, which transfer shall be completed no later than 30 days of this Agreement. d. Wife's Franklin Templeton Fund (Account No. 282-1575911): This account had a balance of $6,380.00 as September 30, 2007, and shall remain the sole and separate property of Wife. e. Husband's Raymond James. This account had a balance of $20,073.24 as of June 30, 2007, and shall remain the sole and separate property of Husband. 20. MARITAL DEBT: All marital debt has been paid off or divided to mutual satisfaction. Each party shall indemnify, defend, and hold the other harmless from and against any claims, demands suits, actions or liabilities relating to or arising out of any debt in that party's name. Each party is solely responsible for any debt incurred in their individual names. 21. HEALTH INSURANCE: As of the date of divorce, each party shall be responsible for their own health insurance coverage, and/or uninsured medical expenses. 22. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 23. BREACH: 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 contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 24. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 25. ENTIRE AGREEMENT: 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. 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 28. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 29. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 30. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 31. MODIFICATION AND WAIVER: 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 strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 32. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 33. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. (SEAL) WITNESS PawjC4/?? SEAL Paul Johnston, usband WITNESS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS On this, FA4- day of 2008, before me a Notary Public, personally appeared Kathryn Johnston, known to me to ]qMe person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and offs ' eal. Notary Public uMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Victoria L. 04% Notary Public ' Carlisle Botbugh, Cumberland County M commission expires December 20, 2010 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS On this the ? day o /„uzz? , 2008, before me, a Notary Public, personally appeared Paul Johnston, known to me to b the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ad of seal. l? Notary Public ,,jMM0NWEAI-yH OF FENNSYLVANIA ?IOTAR,1 SEAL Victoria ju, o, ivotary Public Carlisle BoCumberland County My commisires December 2U,?OIO N C E-3 C':? c;a G7 t't'i ?F ?? w , r n W i Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KATHRYN Z. JOHNSTON, Plaintiff V. PAUL D. JOHNSTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6129 CIVIL ACTION - LAW : IN DIVORCE/CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §33010 AND § 3301 (d) 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 waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 a. C . § 4904 relating to unsworn falsification to authorities. Date: z la /,/, ?,? ?/ Johns o , P mtiff Q o C ? -n , rt-? ? . Crn? t3't - , C7 (D i"fl Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KATHRYN Z. JOHNSTON, Plaintiff V. PAUL D. JOHNSTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6129 CIVIL ACTION - LAW IN DIVORCE/CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §33010 AND §3301(4) OF THE DIVORCE CODE 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 waiver 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: I o 0S 1" -11, U i P 4 ?A Paul D. Johnston, De ndant C.? 7? `fit Z. C!) C37 -n M ra cn 0 ?n `. / n ?9 F IFILES\Clients\12754 Johnston\12754, LpraI Created. 5i9,05 2 -28PM Re,ised: -'1308 11.27AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KATHRYN Z. JOHNSTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6129 CIVIL ACTION - LAW PAUL D. JOHNSTON, Defendant IN DIVORCE/CUSTODY PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Via Acceptance of Service on October 22, 2007, as filed on October 29, 2007. 3. Date of execution of the Plaintiff's affidavit of consent required by Section 3301(c) of the Divorce Code; February 8, 2008; by the Defendant; February 8, 2008. 4. Related claims pending: None. All claims are resolved by a Marital Settlement Agreement dated February 8, 2008, and filed February 11, 2008. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: February 11, 2008. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: February 11, 2008. MARTSON LAW OFFICES By Jenmfe pears, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: February 13, 2008 Attorneys for Plaintiff ?°? ?-,? __ ` _ ?? `F'Y t;? i'''` : E?3 T Tti ' ` ?, i i r_? i ?..t '! f ,? ?, 3 ? 7 ?„? .. ? -) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. KATHRYN Z. JOHNSTON Plaintiff NO. 2007 - 6129 VERSUS PAUL D. JOHNSTON Defendant DECREE IN DIVORCE AND NOW, 7-1 , Zook , IT IS ORDERED AND DECREED THAT KATHRYN Z. JOHNSTON PLAINTIFF, AND PAUL D. JOHNSTON 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; A Marital Settlement Agreement dated February 8 2008, is incorporated but not merged into this Decree BY THE COURT: ? O ATT T: J. PROTHONOTARY !/ Z° y .s