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HomeMy WebLinkAbout01-0146LEONARD SCOTT JOHNSON, Plaintiff vs. WANDA I. JOHNSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. O, - CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU have been sued in court. If you wish to defend against the claims set forth in the following pages, you 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. A list of marriage counselors is available in the office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT WISH TO 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 HELP. CUMBERLAND COUNTY COURT ADMINISTRATOR 4TM FLOOR, CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 LEONARD SCOTT JOHNSON, Plaintiff WANDA I. JOHNSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW COMES the above-named Plaintiff, by Lori K. Serratelli, Esquire and the law firm of SERRATELLI, SC~IFFMAN, BROWN & CAL~OON, P.C., and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: COUNT I DIVORCE resides at 3 Strawberry Lane, Carlisle, Pennsylvania 17013, since November 11, Plaintiff is Leonard Scott Johnson, who currently Cumberland County, 2000. Plaintiff's Social Security Number is 228-98-5647. 2. Defendant is Wanda I. Johnson, who currently resides at 14 Sycamore Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, since March 1996. Defendant's Social Security Number is 205-52-0012. 3, Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous filing of this Complaint. to the 4. The Plaintiff and Defendant were married on February 1, 1997, in Cumberland County, Pennsylvania. 5. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Defendant is not a member of the Armed Services of the United States or any of its allies. 9. The Plaintiff and Defendant are both citizens of the United Sta~es. 10. Plaintiff avers that there are no children of the parties under the age of 18. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. Respectfully submitted, Lo i, Esquire SERRATELLI , SCHIFFMAiq, BROWN & CALHOON, 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statement made in the foregoing Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 C.S. Section 4904, relating to unsworn falsification to authorities. Pa. ~'~eon~rd Scott Johnson RECORD OF ~--~NT ¥ DIVORCE OR ANNULMENT CUMBERLAND t [] (CHECK ONEI [] SSN: 228-98-5647 ~US~AND LEONARD SCOTT JOHNSON 3 Strawberry Lane, Carlisle, Cumberland, PA or ~,s 2 [] [] SSN: 205-52-0012 DANNER WANDA I. 14 Sycamore Drive, Mechanic~sburg, Cumberland, Cumberland County, Pennsylvania s,.~. 09 - 20 60 ~,~T. Germany _ Locomotive Engineer WIFE JOHNSON PA 10 - 22 - 59 Pennsylvania WIFE OTHER {S~ecify) Retired MARRIAGE 02 -- 01 -- 97 24. irretrievable breakdown 00 ¥ SERRATEI LI, SCHIFFMAN, BROWN & CALHOON, RC LEONARD SCOTT JOHNSON, Plaintiff vs. WANDA I. JOHNSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERI2~ND COUNTY, PENNSYLVANIA : : NO. 01-146 CIVIL TERM : CIVIL ACTION - LAW : : IN DIVORCE AFFIDAVIT OF SERVICE I, Lori K. Serratelli, Esquire, being duly sworn according to law, depose and say that I served the Divorce Complaint in the above-captioned matter, by depositing it in the United States mail, Certified Mail, Restricted Delivery, Return Receipt Requested, addressed as follows: Wanda I. Johnson 14 Sycamore Drive Mechanicsburg, PA 17050 The return receipt card is Dated: attached hereto. Lor~Serratelli, Esquire SERi~ATELLI, SC~IFFF~q, BROWN & CAL~OON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110-9483 (717) 540-9170 Attorney for Plaintiff Sworn and Subscribed to before me this /Tt~-day of , 2001. My Commission Expires: NOTARIAL SEAL DEBRA A. EVANGELISTI, Notary Public Susquehanna Tw~. Dauph n County My Corem ssion Expires May 7, 2004 SERVICE OF DIVORCE COMPLAINT SERRATEL[ I, ~CHIFFMAN, BROWN & CALHOON, LEONARD SCOTT JOHNSON, Plaintiff VS. WANDA I. JOHNSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-146 Civil Term C1V1L ACTION - LAW IN DIVORCE (1) (2) (3) (4) (5) AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE A Complaint in Divorce under 3301(c) of the Divorce Code was filed on January 9, 2001. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed fi.om the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce, without formal notice of the intention to request entry of divorce decree. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses, ifI do not claim them before a divorce is granted. 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATED WANDA I. JOHNSON LEONARD SCOTT JOHNSON, Plaintiff VS. WANDA I. JOHNSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-146 Civil Term CIVIL ACTION - LAW IN DIVORCE (1) (2) (3) (4) (5) AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE A Complaint in Divorce under 3301(c) of the Divorce Code was filed on January 9, 2001. The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divome, without formal notice of the intention to request entry of divorce decree. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses, ifI do not claim them before a divorce is granted. 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. Sec. 4904 relating to unswom falsification to authorities. DATED LEONARD SCOTT JOHNSON LEONARD SCOTT JOHNSON, Plaintiff WANDA I. JOHNSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 01-146 CIVIL ACTION - LAW IN DIVORCE PRAECII)E TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance ofReager & Adler, PC as counsel for the Defendant, Wanda I. Johnson in the above-captioned action. Date: ~7)'~ (~" C) ~ By: Respectfully submitted, P_EAGER & ADLER, PC 331 Market Street Camp Hill, PA 17011 717-763-1383 Attorneys for Defendant LEONARD SCOTT JOHNSON, Plaintiff WANDA I. JOHNSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 01-146 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served the foregoing Praecipe to Enter Appearance by depositing a tree and exact copy thereof in the United States mail, tn:st class, postage prepaid, addressed as follows: Lori K. Seratelli, Esquire Seratelli, Schiffman, Brown & Calhoon 2080 Linglestown Road Harrisburg, PA 17110 Date:O ' REAGER & ADLER, PC Counsel)ng · 960 Century Drive P.O. Box 2001 Mechanicsburg, PA 17055-0707 Phone: (717) 795-0330 Fax: (717) 795-0445 Program 7-27-01 Honorable George E. Hoffer President Judge Cumberland County Court of Common Please 1 Court House Square Carlisle, PA 17013 Dear Judge Hoffer, I am writing in regards to~e #01-146 protec~n from abuse, Carson Lee Walter ~tt~~ ' . . Sr., Defendant, who was ordere&~i9 at~.td'dl~ domesttc violence program, Chmces at Tressler Counseling Services and to comply with any requirements of the program. Mr. Walter was seen for two evaluations but cannot be admitted into the program due to his refusal to disclose the name of his current partner. It is requirement of the program stated in the program contract that pallicipants must disclose the names and addresses of not only the Plaintiffbut also any current partner if not the same. At this time Mr. Walter is considered non-compliance and if he continues to refuse to disclose the requested information will be given an administrative discharge. If additional information is required please feel free to contact me at 717-795-0330. Res~ Michael P. Cline LSW Choices Program Coordinator CC: Carson Walter Sr. 37 Sandbank Road Shippensburg, PA 17257 LEONARD SCOTT JOHNSON, Plaintiff WANDA I. JOHNSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : : No. 01-146 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified Mail, Return Receipt Reauested on January 13, 2002. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent and waiver of notice of intention to request divorce decree required by Section 3301(C) of the Divorce Code: by plaintiff: 8-1-02 by defendant: 7-29-02 (b)(1) Date of execution of the plaintiffs affidavit required by Section 3301(d) of the Divorce Code: N/A (2) date of service of Plaintiffs Affidavit upon the Defendant: N/A. 4. Related Claims Pending: No Claims Remain. 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe a copy of which is attached: N/A. (b) Date Plaintiff's Waiver of Notice was filed with the Prothonotary: 8-7-02 (c) Date Defendant's Waiver of Notice was filed with the Prothonotary: 8-7-02 Dated: _~Z.~ SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Rd., Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiff MATRIMONIAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this-/~/"/~'~ day of/~z c/~r./~2_/> ,2002, between / LEONARD SCOTT JOHNSON, hereinafter called "Husband" and WANDA I. JOHNSON, hereinafter called "Wife". WlTNESSETH: The parties hereto, being Husband and Wife were lawfully married on February 1, 1997 in Cumberland County, Pennsylvania; There were no children bom of the parties; Diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WlFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony pendente lite, alimony and/or maintenance of each other; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate. NOW THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: 1. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGREEMENT NOT A BAR TO DiVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the fight of HUSBAND and WIFE to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301 (c) of the Divorce Code in HUSBAND's Cumberland County divorce action docketed to number 01-146. The parties agree that upon Wife receiving medical coverage through her employer or November 11, 2002, whichever occurs first, they shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. 2 3. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 4. AGREEMENT TO BE iNCORPORATED iN DIVORCE DECREE The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. 5. NON-MERGER It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages, resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 6. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE The transfer of property, funds and/or documents provided herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 8. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. 9. SEPARATION 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 interferences whatsoever by the other. Neither party shall molest the other or 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 4 part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. Neither party shall do or say anything to the child of the parties which might in any way influence the child adversely toward the other party, it being the intention of both parties to minimize the effect of any such separation upon the child. 10. PERSONAL PROPERTY The parties hereto mutually agree that they have divided all furniture, household furnishings, appliances, collectibles, and other household personal property between them, and they mutually agree that each party shall from and after the date thereof be the sole and separate owner of all tangible personal property present in his or her possession. 11. REAL PROPERTY The parties acknowledge that Wife is the owner of real estate known as 14 Sycamore Drive, Mechanicsburg, Pennsylvania 17050. Husband and Wife acknowledge that there are currently two mortgages against the real estate with National City Mortgage in the approximate amount orS116,000.00 in Wife's name only and Waypoint Bank in the approximate amount of $43,192 in joint names. Wife agrees to be responsible for the payment of the outstanding first mortgage and further agrees to be solely responsible for the payment of all future taxes, insurance and utility bills relative to said real estate until such time as she refinances the current mortgage which shall occur no later than four (4) years from the date of execution of this 5 Agreement. During said four (4) year period, Husband agrees to be solely responsible for the payment of the outstanding second mortgage of $447.00 per month. Should Wife be unable to refinance the mortgage during the four (4) year period, then she agrees to immediately list the property for sale. In the event that the property is listed for sale, Husband shall continue to pay the second mortgage; however Wife agrees to reimburse Husband from the proceeds of the sale of the home, any mortgage payments made in addition to the four (4) year period agreed to herein. Wife shall be entitled to retain any proceeds from the sale after payment to Husband of the mortgage payments described herein. Wife agrees to indemnify Husband from any loss by reason of her default in the payment of said first mortgage, taxes, insurance and utilities and agrees to save Husband harmless from any future liability with regard thereto. Husband agrees to indemnify Wife from any loss by reason of his default in the payment of said second mortgage for the time period outlined in this Paragraph. In the event Wife sells said real estate prior to the expiration of the four (4) year period in which Husband agrees to pay the second mortgage, then Husband shall continue making the monthly payment of $447.00 per month to Wife for the balance of the four (4) year period. Said payments shall constitute equitable distribution paytn, ents and not alimony "~ With respect to the motor vehicles owned by one or both of the parties, they agree as follows: 6 (a) The 1996 Lincoln Continental shall become the sole and exclusive property of Husband and Husband shall satisfy the remaining balance owed to Ford Motor Credit for the loan encumbering said vehicle and agrees to indemnify Wife from any loss by reason of his default in the payment of said Ford Motor Credit loan and to save Wife harmless fi'om any future liability with regard thereto. (b) The 2000 Honda Motorcycle shall become the sole and exclusive property of Husband and Husband shall satisfy the remaining balance owed to Waypoint Bank for the loan encumbering said motorcycle and agrees to indemnify Wife from any loss by reason of his default in the payment of said Waypoint Bank loan and to save Wife harmless from any future liability with regard thereto. (c) The 2001 Saturn shall become the sole and exclusive property of Wife and Wife shall satisfy the remaining balance owed to GMAC for the loan encumbering said vehicle and agrees to indemnify Husband from any loss by reason of her default in the payment of said GMAC loan and to save Husband harmless from any future liability with regard thereto. The titles or assignment of any lease agreements to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles/assignments shall be delivered to the proper party on the distribution date. For the purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title or lease agreement to the vehicle is unavailable due to financing 7 arrangements or otherwise. In the event any vehicle is subject to a lien, encumbrance, lease or other indebtedness the party receiving said vehicle as his or her property shall take it subject to said lien, encumbrance, lease or other indebtedness and shall be solely responsible therefore and said party further agrees to indemnify, protect and save the other party harmless from said lien, encumbrance, lease or other indebtedness. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest he or she may have in the vehicle(s) that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. The parties shall execute Powers of Attorney with regard to future registration and/or sale of the vehicles which are currently encumbered. 13. TIMESHARE PROPERTY The parties acknowledge that they are joint owners of a time share located in Williamsburg, Virginia and Sedona, Arizona. Said timeshares shall become the sole and separate property of Husband and Wife does specifically waive, release, renounce and forever abandon whatever right, title and interest she may have in said time shares. Husband shall be responsible for transferring the time shares into his name alone and shall pay all costs incurred as a result of the transfer. Wife agrees to sign all documents necessary to effect the transfer upon request. 14. DEBTS The parties acknowledge that they have no joint debts except for the mortgage and car loans referred to in Paragraphs 11 and 12 herein. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless for any and all such debts, obligations and liabilities. From the date of the execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 15. EMPLOYEE BENEFIT PLANS Except as may otherwise be provided herein, each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be in any Pension Plan, Retirement Plan, Profit Sharing Plan, 401K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, including but not limited to Husband's 401 (k) account provided through Norfolk Southern Railroad and BLE Union and Wife's retirement/pension provided through Blue Shield, and hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall become the sole and separate property in whose name or through whose employment said plan is carded. 16. DIVISION OF JOINT BANK ACCOUNTS The parties acknowledge that Husband and Wife are the owners of a joint Member's First Checking and Savings Account. The parties acknowledge that the accounts have be closed and the funds equally divided between the parties. Each party does specifically waive, release, renounce and forever abandon whatever fight, title, interest or claim, he/she may have in the funds that are to their separate property pursuant to the terms hereof. 17. STOCK The parties acknowledge that Husband is the owner of stock with Transnet Connect which currently has a zero value. The parties acknowledge that Husband shall retain the Transnet Connect stock and Wife does specifically waive, release, renounce and forever abandon whatever fight, title, interest or claim she may have in the stock that is to become the sole and separate property of Husband. 18. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE/ALIMONY The parties agree that the payments of Two Hundred Dollars ($200.00) per month pursuant to the parties' Spousal Support/Alimony Pendente Lite agreement shall terminate upon 10 execution of this Agreement and that the parties waive any further claims to spousal support, alimony pendente lite or alimony they may have against the other. E-'lq C_..~ O,.~ ~ e. DC (q0~'.~.~., 19. LEGAL FEES & COSTS Both parties shall be responsible for the payment of the fees and costs owed to their own attorney. Husband and Wife do hereby waive, release and give up any rights which they may respectively have against the other for payment of counsel fees. 20. OTHER WRITINGS Each of the parties hereto agree to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent of this Agreement. 21. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the fight to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party had the fight to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the fight to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective fights and obligations might be different from the provisions of this Agreement. 11 Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non- marital, and equitably distribute between the parties that property which the court determines to be marital, and to set aside to a party that property which the court determines to be that parties' non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, custody, visitation, and counsel fees, costs and expenses. 12 22. FURTHER DEBT 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 made against Husband by reason of debts or obligations incurred by Wife. 23. FURTHER DEBT 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 made against Wife by reason of debts or obligations incurred by Husband. 24. MUTUAL RELEASE Except as otherwise provided herein and so long as this Agreement is not modified or 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: spousal support from the other, alimony, alimony pendente lite, division of property, claims or rights of dower and right to live in the marital home, right to act as executor or administrator in the other's estate, rights as devisee or legatee in the Last Will and 13 Testament of the other, any claim or right as beneficiary in any life insurance policy of the other, any claim or right in the distributive share or intestate share of the other parties' estate. 25. INCOME TAX PRIOR RETURNS The parties have heretofore filed joint federal and state returns. 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 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. 26. FINAL EOUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property set forth in this Agreement is equitable and in the event an action in divome is commenced, both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 14 27. 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. 28. LEGALLY BINDING 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. 29. FULL DISCLOSURE Each party asserts that she or he has made a full and complete disclosure of all the real and personal property 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. 15 30. 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 both extra-judicial and judicial proceedings are commenced to enforce such duty or obligations, the party found to be in default shall be liable for all expenses, including reasonable attorneys fees, incurred as a result of such proceedings. 31. AGREEMENT VOLUNTARILY AND CLEARLY UNDERSTOOD Each party to this Agreement acknowledges and declares that he or she respectively: (1) Is fully and completely informed as to the facts relating to the subject matter and their Agreement as to the rights and liabilities of both parties; (2) Enters into this Agreement voluntarily after receiving the advice of independent counsel; (3) Has given careful and mature thought to the making of this Agreement; (4) Has carefully read each provision of this Agreement; (5) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal affect. 32. AMENDMENT OR MODIFICATION This Agreement may be amended or modified only by a written instrument signed by both parties. 16 33. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligations under any one or mom of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 34. LAW APPLICABLE This Agreement shall be govemed, construed and enfomed under the statute and case law of the Commonwealth of Pennsylvania. 35. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the paragraphs and subparagraphs herein, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. WITNESS: LEONARD SCOTT JOHNSON WANDA I. JOHNSON 18 IN ThE COURT OF COMMON PLEAS I2]0NARD SOC~iT JOHNSON, Plaintiff Of CUMBERLAND COUNTY STATE OF .~.. PENNA. 01-146 Civil Term VERSUS WANDA I. JOHNSON, Defendant AND NOW, DECREED THAT AND DECrEe IN DIVORCE LEONARD SCI/IT JOHNSON WANDA I. JOHNSON 2002 , It IS ORDERED AND , PLAINTIFF, , DEFENDANT, are DIVORCED PROM The bONDS Of MATriMoNY. Further, the Matrimonial Settlement Agreement executed by the parties on August 1, 2002 is incorporated herein and the parties are Ordered to comply with the terms therein. 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; ATTEST://~ ~ PROTHONOTARY