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HomeMy WebLinkAbout09-7597MARGARET JOHNSON, Plaintiff V. GEORGE M. JOHNSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. o q- -7 147 Civil Term CIVIL ACTION - LAW 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 MARGARET JOHNSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 0 9 - '76 ?7 Civil Term GEORGE M. JOHNSON, : CIVIL ACTION - LAW Defendant : DIVORCE COMPLAINT IN DIVORCE COUNT I - DIVORCE 1. Plaintiff is Margaret Johnson, a competent adult individual, who resides at 9 Eppley Drive, Carlisle, Pa. 17013. 2. Defendant is George M. Johnson, a competent adult individual, who resides at 9 Eppley Drive, Carlisle, Pa. 17013. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on May 18, 1995 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have no children together. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are an active member of the Armed Forces of the United States of any of its allies. Husband is retired from military service. 10. The Plaintiff avers that the grounds on which this action is based are: (a) that the marriage is irretrievably broken pursuant to 23 Pa.C.S. 3301(c); (b) that Plaintiff has suffered such indignities as to render her condition intolerable and life burdensome pursuant to 23 Pa.C.S. 3301(a)(6). WHEREFORE, Plaintiff requests the court to enter a Decree in divorce. COUNT II - EQUITABLE DISTRIBUTION OF PROPERTY 11. Paragraphs 1 - 10 are herein incorporated by reference. 12. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT 111 - ALIMONY PENDENTE LITE 14. Paragraphs 1 - 13. are herein incorporated by reference. 15. Plaintiff lacks sufficient income to provide for her reasonable means and is unable to support herself adequately through appropriate employment. 16. Plaintiff requires reasonable support to adequately maintain and pay for her basic needs in accordance with the standard of living established during the marriage. 17. Plaintiff has a need for assistance with her living expenses and legal expenses during the pendency of this action. 18. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, the Plaintiff requests that this Honorable Court enter an award of Alimony Pendente Lite until final hearing. COUNT IV - ALIMONY 19. Items 1 - 18 are herein incorporated by reference. 20. Plaintiff lacks sufficient property or liquid assets to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 21. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through employment. 22. The Defendant enjoys a substantial income from which he is able to contribute to the support and maintenance of Plaintiff to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding her alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT V - COUNSEL FEES, COSTS AND EXPENSES 23. Paragraphs 1 - 22. are incorporated herein by reference. 24. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 25. Plaintiff and cannot adequately litigate her rights in this matter. 26. Defendant is employed and enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expense of this litigation. WHEREFORE, Defendant requests this Honorable Court to enter an award of counsel fees, costs, and expenses. Respectfully submitted, o.,a: i/ 13/b9 Adams, Esquire No. 79465 17 West South Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in these interrogatories 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 / Margar Johnson, Pla 0 1Q 9 NOV Ark g: 19 i s?F.Sv 7 8 vv (' tu.H.to' ® 2 G . ov Ck,' s-0sy j 3 2 4.3-5' r MARGARET JOHNSON, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSY~AN~$ c v N0.09-7597 ~3w ~ mrr, ~ ;_ ~ • ~ ~.~ i CIVIL ACTION -LAW ~'=' -' ~ cw~ GEORGE M. JOHNSON, `~;n, -v Defendant :DIVORCE ~~~.. ~~ MOTION TO SCHEDULE APL CONFERENCE Copy 7G D/ZG AND NOW comes Margaret Johnson by and through her Attorney, John M. Kerr, Esquire, and requests the court to schedule a hearing on her Petition for Alimony Pendente Lite and in support of the Motion avers as follows: 1. The Plaintiff in this action, Margaret Johnson, resides at 9 E. Eppley Drive, Carlisle, PA 17015. 2. The Defendant in this action, George M.lohnson, resides at 9 E. Eppley Drive, Carlisle, PA 17015. 3. Plaintiff has filed for alimony pendent lite to the above caption. 4. In PlaintifYs Complaint in Divorce filed in the Office of the Prothonotary she asked for alimony and alimony pendent lite. 5. Plaintiff requests the Court to schedule a hearing on her request for alimony pendent lite. Respectfully Submitted, Law Of6m of ohn M.~err 5020 Ritter Road Suite lOB McCharUcsburg, PA 17055 Ptlor~: 717.7ss. coos F,vc: 717.766.A~OG6 Jo M. Kerr, Esquire A orney I.D. #26414 Law Office of John M. Kerr 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Dated: March 1, 2010 Dated: March 1, 2010 Law fX[i¢ of ohn M.~err 5020 Ritter Road suite 108 McChaNCSbLVg. PA 17055 PHONe: 717.766.4008 Fnx: 717.766.4066 MARGARET JOHNSON, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0. 09-7597 CIVIL ACTION -LAW GEORGE M. JOHNSON, . Defendant :DIVORCE CERTIFICATE OF SERVICE I, John M. Kerr, Esquire, do hereby certify that a copy of the foregoing "Motion to Schedule APL Conference" has been served on the below-named individual in the manner indicated: Hand Delivery Marylou Matas, Esquire Saidis, Flower & Lindsay 26 West High Street Carlise, PA 17013 Respectfully Submitted, Jo M. Kerr, Esquire A torney I.D. #26414 Law Office of John M. Kerr 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Zfl~~ t~t~'d -~ f,~4 9~ ~~ ~~ :~~ . ~_.~~.'~ MARGARET JOHNSON, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04- ?~`~ ~ Civil Term GEORGE M. JOHNSON, :CIVIL ACTION -LAW Defendant :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 Pose money or property or other rights important to you, including custody or visitation of your children. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT iS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 ,. • MARGARET JOHNSON, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. Civil Term GEORGE M. JOHNSON, :CIVIL ACTION -LAW Defendant :DIVORCE COMPLAINT IN DIVORCE COUNT I -DIVORCE 1. Plaintiff is Margaret Johnson, a competent adult individual, who resides at 9 Eppley Drive, Carlisle, Pa. 17013. 2. Defendant is George M. Johnson, a competent adult individual, who resides at 9 Eppley Drive, Carlisle, Pa. 17013. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on May 1 S, 1995 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. ?. Plaintiff and Defendant have no children together. $. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are an active member of the Armed Forces of the United States of any of its allies. Husband is retired from military service. • • 10. The Plaintiff avers that the grounds on which this action is based are: (a) that the marriage is irretrievably broken pursuant to 23 Pa.C.S. 3301(c); (b) that Plaintiff has suffered such indignities as to render her condition intolerable and life burdensome pursuant to 23 Pa.C.S. 3301(x)(6). WHEREFORE, Plaintiff requests the court to enter a Decree in divorce. COUNT II -EQUITABLE DISTRIBUTION OF PROPERTY 11. Paragraphs 1 - 10 are herein incorporated by reference. 12. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT III -ALIMONY PENDENTE LITE 14. Paragraphs 1 - 13. are herein incorporated by reference. 15. Plaintiff lacks sufficient income to provide for her reasonable means and is unable to support herself adequately through appropriate employment. 16. Plaintiff requires reasonable support to adequately maintain and pay for her basic needs in accordance with the standard of living established during the marriage. • • 17. Plaintiff has a need for assistance with her living expenses and legal expenses during the pendency of this action. 18. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, the Plaintiff requests that this Honorable Court enter an award of Alimony Pendente Lite until final hearing. COUNT IV -ALIMONY 19. Items 1 - 18 are herein incorporated by reference. 20. Plaintiff lacks sufficient property or liquid assets to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 21. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through employment. 22. The Defendant enjoys a substantial income from which he is able to contribute to the support and maintenance of Plaintiff to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding her alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT V -COUNSEL FEES, COSTS AND EXPENSES 23. Paragraphs 1 - 22. are incorporated herein by reference. 24. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. • • 25. Plaintiff and cannot adequately litigate her rights in this matter. 26. Defendant is employed and enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expense of this litigation. WHEREFORE, Defendant requests this Honorable Court to enter an award of counsel fees, costs, and expenses. Respectfully submitted, Date: I f 3 ~ (~ ,d'a a Adams, Esquire I. . No. 79465 17 West South Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF • • VERIFICATION I verify that the statements made in these interrogatories are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: f l" Z. _ ~ ~~ -- . FLOWER SZ 26 West High Stteet Cazlisle, PA JUN 2 ? 2010 ~ MARGARET JOHNSON, Plaintiff IN THE COMMON PLEASE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2009-7597 CIVIL TERM GEORGE M. JOHNSON, :CIVIL ACTION -LAW Defendant IN DIVORCE ORDER APPOINTING MASTER L~~ A~~N~~D~~ ~~ 4NO~W, this a`~ o7YiGt day of 2010, ~• yG~~/1.z ~~G~~,~j/~j Esquire, is appointed master with respect to the following claims: Divorce and Equitable Distribution. cc: .John M. Kerr Es uire q 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055 Counsel for Plainfifl Marylou Matas, Esquire Saidis, Flower St Lindsay 26 West High Street Carlisle, PA 17013 Counsel for Defendant e ~~ ,~.~~ `~23~10 ~~ N O ti b J ~ ~~ ~~ ~ ~ -~ ~ ~ Z -- ~~ ^~ BY THE COURT, t°.Y~.~ John W. Purcell, Jr., Esquire ID #29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell c~pkh.com MARGARET JOHNSON, Plaintiff v. G~OaGE M. JOHNSZ7N, Defendant r.' :,-~ c IN THE COURT OF COMMON f?:~EAS~ v ~~. CUMBERLAND COUNTY, PENYLVi~N~ NO. 2009-7597 ~~-` ~•• ~ ~ .: CIVIL ACTION -LAW IN DIVORCE PRAECIPE FOR WITHDRAWL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: PLEASE withdraw the appearance of John M. Kerr, Esquire, on behalf of the Plaintiff, Margaret Johnson, and enter the appearance of John W. Purcell, Jr., Esquire, as counsel for the Plaintiff, Margaret Johnson, in the above-captioned action. a,~ ~,,~, J n M. Kerr, Esquire I #79465 17 West South Street Carlisle, PA 17013 (717) 245-8508 John W. P~iirce , ., Esquire 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: ~~~Ir© CERTIFICATE OF SERVICE I, Kimberly S. DeFalco, Legal Assistant, hereby certify that a true and correct copy of the foregoing document was served upon the Defendant, by sending a copy of the same via first class U.S. Mail to: Marylou Matas, Esquire Saidis, Flowr & Lindsay 26 West High Street Carlisle, PA 17013 Qi Ki berly S. De alc , -Legal Assistant 1719 North Front treet Harrisburg, PA 17102 (717) 234-4178 DATE: ~ ~ ~ C W" FlUED'OFF{CE " CIS' THE PROTHONOTAR t MAI GARET JOHNS ?( IN THE COMMON PLEASE COURT OF Plaintiff lotI uE? ?? AM 3? CUMBERLAND COUNTY, PENNSYLVANIA v. ClS INNsYLVAWA NO. 2009-7597 CIVIL TERM Q GEbRGE M. JOHNSON, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on November 2, 2009, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I Law Offices of Saldis Sullivan & Rogers ZG West High Street Carlisle, PA 17013 Understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: D-eu,, &.eA 17" 301f eorg M. Joh on MARGARET JOHNSON, IN THE COURT OF COMMON PLEAS c Plaintiff CUMBERLAND COUNTY, PENNSYLV*I A 0 ?e- V. NO. 2009-7597 CIVIL TERMr GEORGE M. JOHNSON, CIVIL ACTION - LAW 5 v? Defendant IN DIVORCE 17, - n DEFENDANT'S AFFIDAVIT OF CONSENT - 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed November 4, Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 2009. 2. The marriage of piaintiff and defendant is irretrievabiy broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. 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: av?t -0 'n i w Borg M. J h *n? t; r„a MARGARET JOHNSON, IN THE COURT OF COMMON PLEAS:j Plaintiff CUMBERLAND COUNTY, PENNSYLIA Yf1: V. NO. 2009-7597 CIVIL TERM `-, GEORGE M. JOHNSON, CIVIL ACTION - LAW> 77 Defendant IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER4 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 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 to the best of my Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 knowledge, information and belief. 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: 4K?^ George M. Johnson MARGARETJOHNSON, Plaintiff V. GEORGE M. JOHNSON, Defendant IN THE COURT OF COMMON PLEAS. CUMBERLAND COUNTY, PENNWLVANI& 0 NO. 2009-7597 " CIVIL ACTION - LAW ao ° IN DIVORCE t x• c, AFFIDAVIT OF CONSENT -- 1. A Complaint in Divorce under Section 3301(c) of the divorce Code was filed on November 4, 2009. 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. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. Date: 41 1 R /' /c 1 wvxQ Mar rat Johns WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is tiled with the Prothonotary. verify that the statements made In this Affidavit and Waiver are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa. G.S. § 4904 relating to unsworn falsification to authorities. Date: q?kZI;7 -- ( Mama y 4"29LL-::? Mar ar t Johnson MARGARET JOHNSON, Plaintiff VS. GEORGE M. JOHNSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09. ?5q'1 NO. 4) ?? CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of , 2012, the economic claims raised in the proceedings having been resolved in accordance with a separation and property settlement agreement dated February 24, 2012, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Kev A. Hess, P. J. cc: ? John W. Purcell, Jr. Attorney for Plaintiff Marylou Matas C-s Attorney for Defendant C= - .vi ? - + m M 71- - 2 = 0 rJ: 'C) o MARGARETJOHNSON, Plaintiff V. GEORGE M. JOHNSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-7597 CIVIL ACTION - LAW IN DIVORCE SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of W,12, by and between Margaret L. Johnson, hereinafter referred to as Wife, and George M. Johnson, hereinafter referred to as Husband. WITNESSETH: WHEREAS, Husband and Wife were lawfully married on May 18, 1995; and WHEREAS, no children were born of this marriage; and WHEREAS, certain differences have arisen between the parties as a result of which they separated on November 4, 2009 and now live separate and apart from one another, and are desirous, therefore, of'entering into an Agreement which will distribute their marital property in a manner which is considered to be an equitable division of all joint property, and will provide for the mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, there has been a complete disclosure of the earnings and property of each party, and each understands his/her rights under the Divorce Code of the Commonwealth of Pennsylvania; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, Marylou Matas and Wife by her attorney, John W. Purcell, Jr. have come to the agreement which follows. Both parties acknowledge that they are familiar with and fully understand the relevant law and relevant facts, including the assets, liabilities, income and expenses of the other party, and that each is fully aware of his or her rights and obligations. Each party represents that he or she understands that, in the absence of this Agreement and as a matter of law: (1) as a surviving spouse, he or she might be entitled to a greater share in the decedent's estate than is provided for in this Agreement; and (2) as a separated and/or divorced spouse, he or she might be entitled to greater support, maintenance, alimony pendente lite, counsel fees, costs, alimony, distribution of property, or other financial benefit arising from the marital relationship than is provided for in this Agreement. Notwithstanding the foregoing, the parties shall be bound by the terms of this Agreement. Each of the parties further acknowledges and agrees that, with such knowledge, and after having read this Agreement carefully and fully, this Agreement is fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith, and that its execution is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound, covenant, promise and agree as follows: 1. Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place that he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness of the causes leading to their living apart. 2. Interference. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. Warranty of Disclosure Husband and Wife represent and warrant that they have disclosed to each other in full their respective assets (including the basis and holding period of such assets, where applicable), liabilities and income, valued as of November 2. 2009, the date of separation of the parties, that they have been given ample opportunity to identify, analyze and value the assets titled in the name of or held for the benefit of the other party and that this Agreement was negotiated and entered into on the basis of those disclosures and their substantial accuracy. The parties acknowledge that: (a) formal appraisals have been conducted of real estate and pension assets but that formal appraisal have not been conducted of all assets and that the values assigned to those assets merely are the good faith estimates of current fair market value/book value by the parties themselves and that the values ascribed to the assets might be very different if other methods of valuation were utilized; (b) the parties assign very different values to many of the assets; and (c) they are aware that, but for this Agreement, they might be entitled to additional formal discovery, including by review of documents, inspections, interrogatories, depositions or otherwise. Notwithstanding the foregoing, any further disclosure, and any further statement in this Agreement regarding disclosure, is specifically waived. 4. Wife's Debts. Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 5. Husband's Debts. Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 6. Outstanding Joint Debts. The parties acknowledge and agree that they have no outstanding debts and obligations incurred prior to the signing of this Agreement, except as follows: None In the event that either party contracted or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof, regardless of the name in which the account may have been charged, and such party shall indemnify, defend and hold the other party harmless from any claim or demand made against that party by reason of such debt. 7. Equitable Distribution of Marital Propertv. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the fact that it is the second marriage for Husband and Wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division of being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. Distribution of Personal Propert y. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, except as set forth in Exhibit A attached hereto, which items shall be distributed in accordance with Exhibit A, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto and as set forth in Exhibit A. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other, or which property will be distributed in accordance with Exhibit A attached hereto. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of their own individual pension or other employee benefit plans or retirement benefits of any nature to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits, except as stated herein. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B. Distribution of Real Estate. For her interest in the marital estate, Husband shall transfer to Wife concurrent with the execution of this Agreement, all of his interest in and title to their jointly owned real estate at 9 East Eppley Drive, Carlisle, Cumberland County, Pennsylvania. At the date of execution of this Agreement, Husband confirms that the household utilities for which he was responsible at 9 East Eppley Drive, Carlisle, PA are current as of his execution of the Agreement. Those utilities and bills are as follows: Comcast, UGI, Met Ed, South Middleton Township bill for sewer/water, Inter-state waste services for trash. Those utility bills are paid to date. In addition, Husband confirms that he has paid the homeowner's bill for that real estate at 9 East Eppley Drive, Carlisle, PA on a monthly basis and it is current to date. Husband confirms that the 2011 taxes are paid for that real estate. Wife shall make all arrangements necessary to remove Husband's name as a responsible party from all utility and insurance bills in connection with this real estate within five (5) days of execution of this Agreement and she shall be solely responsible for payment of all future taxes, insurance and utility bills relative to said real estate immediately upon execution of this Agreement. Wife shall pay and discharge said obligations on said premises, and shall indemnify Husband from any loss by reason of her default in the payment thereof, and shall save Husband harmless from any future liability with regard thereto, including the cost of defense and actual counsel fees incurred to defend against an action brought against him by virtue of her default. Wife shall transfer to Husband concurrent with the execution of this Agreement, all of her interest in and title to their jointly owned real estate at 16 Windy Hill Lane, Harpswell, Maine in exchange for which Husband shall be solely responsible for payment of all future taxes, insurance and utility bills relative to said real estate. Husband shall pay and discharge said obligations on said premises, and shall indemnify Wife from any loss by reason of his default in the payment thereof, and shall save Wife harmless from any future liability with regard thereto, including the cost of defense and actual counsel fees incurred to defend against an action brought against her by virtue of his default. C. Miscellaneous Cash Distribution: In consideration of the transfer of the above property, and upon the execution of this agreement, Husband shall pay to Wife the sum of One Hundred, Thirty-Two Thousand, Four Hundred ($132,400.00) Dollars. 8. Vehicles. Notwithstanding Paragraph 7 of this Agreement, Husband shall retain possession and ownership of the 2007 Subaru presently in his possession. Wife hereby transfers all of her right, title and interest in said vehicle to Husband. In consideration thereof, Husband shall assume full responsibility for payment and eventual satisfaction of any and all liens presently encumbering the vehicle, and to indemnify, defend and hold Wife harmless for the same. Upon execution of this Agreement, Wife shall sign any title or other documents necessary to transfer ownership of said vehicle, and further shall indemnify Husband for any costs, including actual counsel fees, incurred by Husband to enforce this provision. Notwithstanding Paragraph 7 of this Agreement, Wife shall retain possession and ownership of the 2000 Buick presently in her possession. Husband hereby transfers all of his right, title and interest in said vehicle to Wife. In consideration thereof, Wife shall assume full responsibility for payment and eventual satisfaction of any and all liens presently encumbering the vehicle, and to indemnify, defend and hold Husband harmless for the same. Upon execution of this Agreement, Husband shall sign any title or other documents necessary to transfer ownership of said vehicle, and further shall indemnify Wife for any costs, including actual counsel fees, incurred by Wife to enforce this provision. 9. Life Insurance. Regardless of which party currently is designated the owner and/or beneficiary, all life insurance (including any cash value) identifying either party as the insured and/or beneficiary, shall, at either party's sole discretion, be modified to identify whomever he or she designates as the insured and/or beneficiary. 10. Retirement, pension, investments stocks bonds mutual accounts. Except as specifically provided for in this Agreement, Wife and Husband hereby specifically release and waive any and all interest, claim, or right that she or he may have to any and all retirement benefits (including pension or profit sharing benefits) or other similar benefits of the other party. The parties shall execute any documents pursuant to the Retirement Equity Act or any similar Act that may be required from time to time to accomplish the purpose of this Paragraph. Each party shall execute and take all such steps as may be necessary to effectuate a spousal consent (in accordance with the appropriate provisions of the Plan) allowing the other to designate any beneficiary as each may elect to receive amounts that may be payable under the Plan upon his/her death (such election to be evidenced by a beneficiary designation form executed by Husband/Wife) and both parties shall agree to any changes to such beneficiary designation made by the other prior to dissolution of marriage. Specifically, Wife waives all right, title and interest she has or may have had to Husband's Navy pension currently in pay status. Wife waives all right, title and interest she has or may have had to the survivor benefit plan under the Navy pension earned by Husband. Wife may not claim as the spouse or alternate payee under that military pension and may not receive any spousal benefits, government benefits, survivor benefits or the like. In the event the military makes any payment to Wife, in the event of Husband's death, either before or after the divorce decree is entered, Wife shall immediately return all payments to Husband's estate. Wife further waives any right, title and interest she has or may have had to Husband's state pension, currently in pay status. In the event it is necessary for Wife to sign any documents to confirm her waiver of all of these retirement benefits, including her waiver of the survivor benefit plan and spousal benefits, she will execute those documents within five (5) days of being requested to do so. In the event it is necessary for Husband and/or Husband's counsel to initiate litigation to enforce this paragraph, Wife shall be responsible for Husband's attorney's fees and all costs of Husband's litigation. 11. Alimony. Husband shall pay to Wife, as alimony for her reasonable support and maintenance, the sum of $2,800.00 per month. The alimony payments shall begin in the first month following the entry of the decree in divorce. Husband shall make such payments on or before the first day of each month and continue them, without reduction, offset, or reservation until further Order of Court, or Agreement of the parties, in writing. The parties understand that such alimony shall be deductible by Husband and shall be deemed income to Wife under the U. S. Internal Revenue Code, and neither of the parties shall take any position in their respective income tax filings contrary to this understanding, a violation of such entitling the non-breaching party to all expenses, including actual counsel fees, taxes due, interest, penalty and lost wages incurred in disputing any governmental position based upon the breaching party's tax filings. Husband's obligation to pay alimony hereunder shall terminate upon the death of either party or remarriage of Wife, or upon her cohabitation with an adult male not her spouse for a continuous period of seven days or longer. The amount of alimony due hereunder may be changed or modified by the parties by written Agreement, or Court Order. Prior to the first payment of alimony, Husband shall insure that all of the household bills previously payable under the existing Spousal Support Order are paid current through the effective date of the first payment of alimony, before being turned over to Wife for future responsibility. Those bills are the Comcast Cable, UGI, Met Ed (electric), South Middleton Township Sewer and Water, Interstate Waste Services (trash), USAA (house insurance), and South Middleton Township Real Estate Taxes (2011-12 School Taxes. In addition, the house file including all documentation regarding the payment of all bills, and other documents necessary to the ownership, operation and maintenance of the 9 Eppley Drive, Carlisle, Pennsylvania property shall be turned over to Wife by Husband within 15 days of the date of the execution of this Agreement. 12. Alimony Pendente Lite, Counsel Fees and Expenses. Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties is fair, adequate and satisfactory to them. Both parties shall accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses, or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties, with the exception of that ordered under previous support order in Cumberland County, docketed to Docket No. 09-7597, and that agreed to herein. Upon the entry of the Divorce Decree, Wife shall discontinue and terminate the APL award docketed to No. 2009-7597, and remit any arrears paid beyond the effective date of the alimony award. Each party shall be responsible for his or her own counsel fees, and each agrees to indemnify, defend and save the other harmless from any action commenced against the other for alimony pendente lite, counsel fees and/or expenses. 13. Prior Tax Returns. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and save the other party harmless from such tax liability, penalties, interest, counsel fees, accountant's fees, costs and expenses. 14. Divorce. A Complaint in Divorce has been filed to No. 09-7537 Civil in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Upon execution of this Agreement, both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 3301(c) of the Divorce Code. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 15. Time of Distribution. The assets and interests to be transferred under and pursuant to this Agreement shall be conveyed and transferred to the respective parties immediately upon the execution of this Agreement. All spousal support and other such obligations shall immediately terminate, except as provided herein. The parties shall cooperate by executing whatever documents are necessary to effectuate a divorce under Section 3301(c) or 3301(d) of the Pennsylvania Divorce Code, and this Agreement to cooperate shall be enforceable by an assumpsit action for specific performance. However, upon refusal to consent, all distributed property shall be returned to the party originally in possession, until the time of final decree. 16. Reconciliation. Notwithstanding a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 17. Release. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release, indemnify (including actual legal fees) and discharge the other of and from all causes of action, claims, rights, or demands whatsoever, in law or equity, civil or criminal, including equitable distribution, spousal support, alimony (except that provided for herein), counsel fees, alimony pendente lite, and expenses which either of the parties against the other ever had, now has, or may have in the future under the Pennsylvania Divorce Code, as amended, or under any other statutory or common law, except any and all causes of action for divorce and all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling, pursuant to Section 3302 of the Divorce Code. 18. Waivers of Claims Against Estates. 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 may now have or hereafter acquire under the present or 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, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and any right existing now or in the future under the Pennsylvania Divorce Code, as amended from time to time, 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 all such interests, rights and claims. Each further waives any right to inherit or receive property or act as the personal representative of the estate of the other by Will, Codicil, intestacy, or insurance policy, unless such Will, Codicil, or insurance policy (designation of beneficiary) is dated subsequent to the effective date of this Agreement. Wife specifically waives any interest in and to any retirement benefits accruable to her from Husband's retirement plans or pensions by reason of her status as a surviving spouse. 19. Rights on Execution. Immediately upon the execution of this Agreement, the rights of each party against the other, despite their continuing marital status, shall terminate and be as if they were never married. 20. Breach. In the event of breach of any of the terms of this Agreement, the nonbreaching party shall be paid, as part of any award or judgment against the breaching party, all costs, including actual counsel fees paid to his or her attorney. 21. Incorporation in Final Divorce. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. Any Court having jurisdiction shall enforce the provisions of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 22. Additional Instruments. Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 23. Separability. In case any provision of this Agreement should be held to be contrary to, or invalid under, the law of any country, state or other jurisdiction, such illegality and invalidity shall not in any way affect the other provisions hereof, all of which shall continue, nevertheless, in full force and effect, and each paragraph herein shall be deemed to be a separate and undisputed covenant and agreement. 24. Entire Agreement. This Agreement contains the entire, complete and exclusive understanding of the parties, and there are no representations, warranties, covenants and undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them, based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502(d) of the Divorce code or any other laws. Husband and wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any right to seek court relief for the purpose of enforcing the provisions of this Agreement. 25. 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 the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 26. Intent. It is the intent of the parties by this Agreement to fully and finally foreclose any resort to the courts for relief on the basis of any statute or case law presently existing or which may exist at some time in the future within the Commonwealth of Pennsylvania, including but not limited to equitable distribution, alimony and other relief under the Pennsylvania Divorce Code, as amended. This Agreement has been drafted and accepted on the basis that such resort would constitute a breach under this Agreement, entitling the nonbreaching party to reimbursement for actual counsel fees. Other than as provided by the terms of this instrument, it is intended that the court shall treat the parties as if they had never entered into a marital relationship. This Agreement shall be construed in accordance with the Laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement and, where such law is inconsistent, the terms of this instrument shall govern. 27. Voluntary Execution. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with or are aware of all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. Each party further acknowledges that each has conducted his own independent investigation into the existence of the other's assets and liabilities and is not depending upon any representations made by the other party in agreeing to the terms hereof. 28. Descriptive Headings. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 29. Agreement Binding on Heirs. This Agreement shall be binding and shall inure to the benefit of the parties hereto, and their respective heirs, executors, administrators, successors and assigns. EXHIBIT "A" Personal Property to be retained by Husband . 2q 4A P04Y 0k, F w" IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESS: 4z Mara t L. Johnson org M. h on STATE OF MAINE COUNTY OF On this Z day of Pr f2AA , 2012, before me, the undersigned, personally appeared GEORGE JO NSON whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. of Public 3R?,c ?'.?p•v,s 16-111-17 0 Lot- COMMONWEALTH OF PENNSYLVANIA COUNTY OF eUMBEROND /Jfl?,f On this / ?Aay of / L , 2012, before me, the undersigned, personally appeared MARGARET JOHNSON whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set m and official se otary Public MOfi11AlWTI OF PamSYL1iRO Notarbf Seat ponjta E. Prussack, Notary Ptblk: C4tj of ion Boo s ? 2 113 EXHIBIT "A" PERSONAL PROPERTY TO BE RETAINED BY HUSBAND Master Bedroom . 1 Granny Dales Rocking Chair • 1 Small Table (antique from Spain - hand carved) • 4 Pictures of the four seasons (Beverly Johnson) Living Room • 1 Small 5 sided table by the fireplace - the antique table went to sea with me on the ??`?? .3 (Ship) (DD-840) • / Lamps purchased by Beverly Johnson (on the end tables) Left Bedroom (up stairs) . 1 Drop leave table of my mothers Right Bedroom (up stairs) • 1 Spiral legged table (Granny Dales) • 1 Spiral Legged Pitcher table (Granny Dales) 1 Qsekbpq Chair 4Guany Dales) Basement Several ehaffiF6 MARGARET JOHNSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, F,.e. PENNSYLVANIA v. . NO. 2009-7597 ; Z GEORGE M. JOHNSON, : CIVIL ACTION - LAW Defendant : IN DIVORCE °`` SEPARATION AND _f PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this ;20h day of AS 12, by and between Margaret L. Johnson, hereinafter referred to as Wife, and George M. Johnson, hereinafter referred to as Husband. WITNESSETH: WHEREAS, Husband and Wife were lawfully married on May 18, 1995; and WHEREAS, no children were born of this marriage; and WHEREAS, certain differences have arisen between the parties as a result of which they separated on November 4, 2009 and now live separate and apart from one another, and are desirous, therefore, of entering into an Agreement which will distribute their marital property in a manner which is considered to be an equitable division of all joint property, and will provide for the mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, there has been a complete disclosure of the earnings and property of each party, and each understands his/her rights under the Divorce Code of the Commonwealth of Pennsylvania; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, Marylou Matas and Wife by her attorney, John W. 1-14 Purcell, Jr. have come to the agreement, which follows. Both parties acknowledge that they are familiar with and fully understand the relevant law and relevant facts, including the assets, liabilities, income and expenses of the other party, and that each is fully aware of his or her rights and obligations. Each party represents that he or she understands that, in the absence of this Agreement and as a matter of law: (1) as a surviving spouse, he or she might be entitled to a greater share in the decedent's estate than is provided for in this Agreement; and (2) as a separated and/or divorced spouse, he or she might be entitled to greater support, maintenance, alimony pendente lite, counsel fees, costs, alimony, distribution of property, or other financial benefit arising from the marital relationship than is provided for in this Agreement. Notwithstanding the foregoing, the parties shall be bound by the terms of this Agreement. Each of the parties further acknowledges and agrees that, with such knowledge, and after having read this Agreement carefully and fully, this Agreement is fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith, and that its execution is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound, covenant, promise and agree as follows: 1. Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place that he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness of the causes leading to their living apart. 2. Interference. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. Warranty of Disclosure Husband and Wife represent and warrant that they have disclosed to each other in full their respective assets (including the basis and holding period of such assets, where applicable), liabilities and income, valued as of November 2, 2009, the date of separation of the parties, that they have been given ample opportunity to identify, analyze and, value the assets titled in the name of or held for the benefit of the other party and that this Agreement was negotiated and entered into on the basis of those disclosures and their substantial accuracy. The parties acknowledge that: (a) formal appraisals have been conducted of real estate and pension assets but that formal appraisal have not been conducted of all assets and that the values assigned to those assets merely are the good faith estimates of current fair market value/book value by the parties themselves and that the values ascribed to the assets might be very different if other methods of valuation were utilized; (b) the parties assign very different values to many of the assets; and (c) they are aware that, but for this Agreement, they might be entitled to additional formal discovery, including by review of documents, inspections, interrogatories, depositions or otherwise. Notwithstanding the foregoing, any further disclosure, and any further statement in this Agreement regarding disclosure, is specifically waived. 4. Wife's Debts. Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 5. Husband's Debts. Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 6. Outstanding Joint Debts. The parties acknowledge and agree that they have no outstanding debts and obligations incurred prior to the signing of this Agreement, except as follows: None In the event that either party contracted or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof, regardless of the name in which the account may have been charged, and such party shall indemnify, defend and hold the other party harmless from any claim or demand made against that party by reason of such debt. 7. Equitable Distribution of Marital Property. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the fact that it is the second marriage for Husband and Wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division of being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. Distribution of Personal Property. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, except as set forth in Exhibit A attached hereto, which items shall be distributed in accordance with Exhibit A, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto and as set forth in Exhibit A. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other, or which property will be distributed in accordance with Exhibit A attached hereto. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of their own individual pension or other employee benefit plans or retirement benefits of any nature to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits, except as stated herein. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B. Distribution of Real Estate. For her interest in the marital estate, Husband shall transfer to Wife concurrent with the execution of this Agreement, all of his interest in and title to their jointly owned real estate at 9 East Eppley Drive, Carlisle, Cumberland County, Pennsylvania. At the date of execution of this Agreement, Husband confirms that the household utilities for which he was responsible at 9 East Eppley Drive, Carlisle, PA are current as of his execution of the Agreement. Those utilities and bills are as follows: Comcast, UGI, Met Ed, South Middleton Township bill for sewer/water, Inter-state waste services for trash. Those utility bills are paid to date. In addition, Husband confirms that he has paid the homeowner's bill for that real estate at 9 East Eppley Drive, Carlisle, PA on a monthly basis and it is current to date. Husband confirms that the 2011 taxes are paid for that real estate. Wife shall make all arrangements necessary to remove Husband's name as a responsible party from all utility and insurance bills in connection with this real estate within five (5) days of execution of this Agreement and she shall be solely responsible for payment of all future taxes, insurance and utility bills relative to said real estate immediately upon execution of this Agreement. Wife shall pay and discharge said obligations on said premises, and shall indemnify Husband from any loss by reason of her default in the payment thereof, and shall save Husband harmless from any future liability with regard thereto, including the cost of defense and actual counsel fees incurred to defend against an action brought against him by virtue of her default. Wife shall transfer to Husband concurrent with the execution of this Agreement, all of her interest in and title to their jointly owned real estate at 16 Windy Hill Lane, Harpswell, Maine in exchange for which Husband shall be solely responsible for payment of all future taxes, insurance and utility bills relative to said real estate. Husband shall pay and discharge said obligations on said premises, and shall indemnify Wife from any loss by reason of his default in the payment thereof, and shall save Wife harmless from any future liability with regard thereto, including the cost of defense and actual counsel fees incurred to defend against an action brought against her by virtue of his default. C. Miscellaneous Cash Distribution: In consideration of the transfer of the above property, and upon the execution of this agreement, Husband shall pay to Wife the sum of One Hundred, Thirty-Two Thousand, Four Hundred ($132,400.00) Dollars. 8. Vehicles. Notwithstanding Paragraph 7 of this Agreement, Husband shall retain possession and ownership of the 2007 Subaru presently in his possession. Wife hereby transfers all of her right, title and interest in said vehicle to Husband. In consideration thereof, Husband shall assume full responsibility for payment and eventual satisfaction of any and all liens presently encumbering the vehicle, and to indemnify, defend and hold Wife harmless for the same. Upon execution of this Agreement, Wife shall sign any title or other documents necessary to transfer ownership of said vehicle, and further shall indemnify Husband for any costs, including actual counsel fees, incurred by Husband to enforce this provision. Notwithstanding Paragraph 7 of this Agreement, Wife shall retain possession and ownership of the 2000 Buick presently in her possession. Husband hereby transfers all of his right, title and interest in said vehicle to Wife. In consideration thereof, Wife shall assume full responsibility for payment and eventual satisfaction of any and all liens presently encumbering the vehicle, and to indemnify, defend and hold Husband harmless for the same. Upon execution of this Agreement, Husband shall sign any title or other documents necessary to transfer ownership of said vehicle, and further shall indemnify Wife for any costs, including actual counsel fees, incurred by Wife to enforce this provision. 9. Life Insurance. Regardless of which party currently is designated the owner and/or beneficiary, all life insurance (including any cash value) identifying either party as the insured and/or beneficiary, shall, at either party's sole discretion, be modified to identify whomever he or she designates as the insured and/or beneficiary. 10. Retirement, pension, investments, stocks, bonds, mutual accounts. Except as specifically provided for in this Agreement, Wife and Husband hereby specifically release and waive any and all interest, claim, or right that she or he may have to any and all retirement benefits (including pension or profit sharing benefits) or other similar benefits of the other party. The parties shall execute any documents pursuant to the Retirement Equity Act or any similar Act that may be required from time to time to accomplish the purpose of this Paragraph. Each party shall execute and take all such steps as may be necessary to effectuate a spousal consent (in accordance with the appropriate provisions of the Plan) allowing the other to designate any beneficiary as each may elect to receive amounts that may be payable under the Plan upon his/her death (such election to be evidenced by a beneficiary designation form executed by Husband/Wife) and both parties shall agree to any changes to such beneficiary designation made by the other prior to dissolution of marriage. Specifically, Wife waives all right, title and interest she has or may have had to Husband's Navy pension currently in pay status. Wife waives all right, title and interest she has or may have had to the survivor benefit plan under the Navy pension earned by Husband. Wife may not claim as the spouse or alternate payee under that military pension and may not receive any spousal benefits, government benefits, survivor benefits or the like. In the event the military makes any payment to Wife, in the event of Husband's death, either before or after the divorce decree is entered, Wife shall immediately return all payments to Husband's estate. Wife further waives any right, title and interest she has or may have had to Husband's state pension, currently in pay status. In the event it is necessary for Wife to sign any documents to confirm her waiver of all of these retirement benefits, including her waiver of the survivor benefit plan and spousal benefits, she will execute those documents within five (5) days of being requested to do so. In the event it is necessary for Husband and/or Husband's counsel to initiate litigation to enforce this paragraph, Wife shall be responsible for Husband's attorney's fees and all costs of Husband's litigation. 11. Alimony. Husband shall pay to Wife, as alimony for her reasonable support and maintenance, the sum of $2,800.00 per month. The alimony payments shall begin in the first month following the entry of the decree in divorce. Husband shall make such payments on or before the first day of each month and continue them, without reduction, offset, or reservation until further Order of Court, or Agreement of the parties, in writing. The parties understand that such alimony shall be deductible by Husband and shall be deemed income to Wife under the U. S. Internal Revenue Code, and neither of the parties shall take any position in their respective income tax filings contrary to this understanding, a violation of such entitling the non-breaching party to all expenses, including actual counsel fees, taxes due, interest, penalty and lost wages incurred in disputing any governmental position based upon the breaching party's tax filings. Husband's obligation to pay alimony hereunder shall terminate upon the death of either party or remarriage of Wife, or upon her cohabitation with an adult male not her spouse for a continuous period of seven days or longer. The amount of alimony due hereunder may be changed or modified by the parties by written Agreement, or Court Order. Prior to the first payment of alimony, Husband shall insure that all of the household bills previously payable under the existing Spousal Support Order are paid current through the effective date of the first payment of alimony, before being turned over to Wife for future responsibility. Those bills are the Comcast Cable, UGI, Met Ed (electric), South Middleton Township Sewer and Water, Interstate Waste Services (trash), USAA (house insurance), and South Middleton Township Real Estate Taxes (2011-12 School Taxes. In addition, the house file including all documentation regarding the payment of all bills, and other documents necessary to the ownership, operation and maintenance of the 9 Eppley Drive, Carlisle, Pennsylvania property shall be turned over to Wife by Husband within 15 days of the date of the execution of this Agreement. 12. Alimony Pendente Lite, Counsel Fees and Expenses. Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties is fair, adequate and satisfactory to them. Both parties shall accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses, or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties, with the exception of that ordered under previous support order in Cumberland County, docketed to Docket No. 09-7597, and that agreed to herein. Upon the entry of the Divorce Decree, Wife shall discontinue and terminate the APL award docketed to No. 2009-7597, and remit any arrears paid beyond the effective date of the alimony award. Each party shall be responsible for his or her own counsel fees, and each agrees to indemnify, defend and save the other harmless from any action commenced against the other for alimony pendente lite, counsel fees and/or expenses. 13. Prior Tax Returns. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and save the other party harmless from such tax liability, penalties, interest, counsel fees, accountant's fees, costs and expenses. 14. Divorce. A Complaint in Divorce has been filed to No. 09-7537 Civil in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Upon execution of this Agreement, both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 3301(c) of the Divorce Code. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 15. Time of Distribution. The assets and interests to be transferred under and pursuant to this Agreement shall be conveyed and transferred to the respective parties immediately upon the execution of this Agreement. All spousal support and other such obligations shall immediately terminate, except as provided herein. The parties shall cooperate by executing whatever documents are necessary to effectuate a divorce under Section 3301(c) or 3301(d) of the Pennsylvania Divorce Code, and this Agreement to cooperate shall be enforceable by an assumpsit action for specific performance. However, upon refusal to consent, all distributed property shall be returned to the party originally in possession, until the time of final decree. 16. Reconciliation. Notwithstanding a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 17. Release. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release, indemnify (including actual legal fees) and discharge the other of and from all causes of action, claims, rights, or demands whatsoever, in law or equity, civil or criminal, including equitable distribution, spousal support, alimony (except that provided for herein), counsel fees, alimony pendente lite, and expenses which either of the parties against the other ever had, now has, or may have in the future under the Pennsylvania Divorce Code, as amended, or under any other statutory or common law, except any and all causes of action for divorce and all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling, pursuant to Section 3302 of the Divorce Code. 18. Waivers of Claims Against Estates. 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 may now have or hereafter acquire under the present or 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, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and any right existing now or in the future under the Pennsylvania Divorce Code, as amended from time to time, 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 all such interests, rights and claims. Each further waives any right to inherit or receive property or act as the personal representative of the estate of the other by Will, Codicil, intestacy, or insurance policy, unless such Will, Codicil, or insurance policy (designation of beneficiary) is dated subsequent to the effective date of this Agreement. Wife specifically waives any interest in and to any retirement benefits accruable to her from Husband's retirement plans or pensions by reason of her status as a surviving spouse. 19. Rights on Execution. Immediately upon the execution of this Agreement, the rights of each party against the other, despite their continuing marital status, shall terminate and be as if they were never married. 20. Breach. In the event of breach of any of the terms of this Agreement, the nonbreaching party shall be paid, as part of any award or judgment against the breaching party, all costs, including actual counsel fees paid to his or her attorney. 21. Incorporation in Final Divorce. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. Any Court having jurisdiction shall enforce the provisions of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 22. Additional Instruments. Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 23. Separability. In case any provision of this Agreement should be held to be contrary to, or invalid under, the law of any country, state or other jurisdiction, such illegality and invalidity shall not in any way affect the other provisions hereof, all of which shall continue, nevertheless, in full force and effect, and each paragraph herein shall be deemed to be a separate and undisputed covenant and agreement. 24. Entire Agreement. This Agreement contains the entire, complete and exclusive understanding of the parties, and there are no representations, warranties, covenants and undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them, based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502(d) of the Divorce code or any other laws. Husband and wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any right to seek court relief for the purpose of enforcing the provisions of this Agreement. 25. 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 the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 26. Intent. It is the intent of the parties by this Agreement to fully and finally foreclose any resort to the courts for relief on the basis of any statute or case law presently existing or which may exist at some time in the future within the Commonwealth of Pennsylvania, including but not limited to equitable distribution, alimony and other relief under the Pennsylvania Divorce Code, as amended. This Agreement has been drafted and accepted on the basis that such resort would constitute a breach under this Agreement, entitling the nonbreaching party to reimbursement for actual counsel fees. Other than as provided by the terms of this instrument, it is intended that the court shall treat the parties as if they had never entered into a marital relationship. This Agreement shall be construed in accordance with the Laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement and, where such law is inconsistent, the terms of this instrument shall govern. 27. Voluntary Execution. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with or are aware of all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. Each party further acknowledges that each has conducted his own independent investigation into the existence of the other's assets and liabilities and is not depending upon any representations made by the other party in agreeing to the terms hereof. 28. Descriptive Headings. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 29. Agreement Binding on Heirs. This Agreement shall be binding and shall inure to the benefit of the parties hereto, and their respective heirs, executors, administrators, successors and assigns. EXHIBIT "A" Personal Property to be retained by Husband 2q 4A P'4y 0F, F')J44y IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESS: Amami ?'414 Mara t L. Johnson AOAV,p IV aXkV6i4ft1 org M. h on STATE OF MAINE COUNTY OF C7 01r;$Af7?AWP On this Z day of Pr , 2012, before me, the undersigned, personally appeared GEORGE JOHNSON whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. of Public -t-6 ?. o?Nwv??;e? lot.- ,?-?"? l6 • <?/ ? 7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF G'umBER-GWD //W/a/4id' On this ? '-? day of / L , 2012, before me, the undersigned, personally appeared MARGARET JOHNSON whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto seand official se . /-?' IA&Ojoe?- Public _? Mvtu rt+ of PON Notarial Seal Snits E. arussack, Notary Rt k ati of Harrisburg, Dauphin CO M Cpf<11nWon EWres Sept 26, 2013 t?l?nta?'. Pdia ?? Nt>txiec EXHIBIT "A" PERSONAL PROPERTY TO BE RETAINED BY HUSBAND Master Bedroom 1 Granny Dales Rocking Chair • 1 Small Table (antique from Spain - hand carved) • 4 Pictures of the four seasons (Beverly Johnson) Living Room • 1 Small 5 sided table by the fireplace - the antique table went to sea with me on the (Ship) (DD-840) Lamps purchased by Beverly Johnson (on the end tables) Left Bedroom (up stairs) • 1 Drop leave table of my mothers Right Bedroom (up stairs) r 1 Spiral legged table (Granny Dales) • 1 Spiral Legged Pitcher table (Granny Dales) Rockipq Chair (Granny Dales) Basement .4 _9 w sk (4 draws smdmlet d a-,-' ..d) John W. Purcell, Jr., Esquire ID #29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com TIA'.,, , P1 E MARGARET JOHNSON, VS. GEORGE M. JOHNSON, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7947 CIVIL 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 or d) of the Divorce Code. 2. Date and manner of service of the Complaint: Complaint was served by Acceptance of Service by Marylou Matas, Esquire, attorney for the Defendant on November 13, 2009. 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: April 18, 2012 and by Defendant: April 5, 2012. (b) (1) Date of execution of the Affidavit required by §3301(d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: None 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: I. (b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: April 18, 2012; Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: April 16, 2012. Respectfully submitted, PURCELL, KRUG & HALLER Ift By: ,16,i W. Purcell, Jr., Esquire 1[)/#29955 719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for DATE: et /O (-I" MARGARET JOHNSON V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GEORGE M. JOHNSON NO. NO. 2009-7597 DIVORCE DEGREE AND NOW, it is ordered and decreed that MARGARET AH N SON plaintiff, and GEORGE M. JOHNSON , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as fonows: (If no claims remain indicate "None.") The attached transcript of the parties' Settlement Agreement dated February 24, 2012, shall be incorporated into, but shall not merge in this final Decree in Divorce. By the Court, Attest: J. C:( V Prothonotary ., .? MARGARET L. JOHNSON, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 09-7597 CIVIL TERM GEORGE M. JOHNSON, IN DIVORCE Defendant/Respondent PACSES Case No: 326111321 MCO ORDER OF COURT ,c AND NOW to wit, this 3rd day of August, 2012, it is hereby Ordered thatthel Alimony Pendente Lite order is terminated, effective May 8, 2012 pursuant to the parties' Separation and Property Settlement Agreement of February 24, 2012 and the divorce decree of May 8, 2012. The Alimony Pendente Lite account is closed with a credit of $8,077.81 and is to be resolved by the parties. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. THE T U T: Thomas A. Placey, J. DRO: R.J. Shadday xc: Petitioner Respondent Je#'?•Tr, Esq. Marylou Matas, Esq. John PWCej(,esg, Form 0E-001 Service Type: M Worker: 21005 - 326111321 - 7412102216 JO IN5ON,GEORGE M. 6412102211 JO IN SON, MARGARET L. Cictt Daac c= 3077.81 TE Transact o n Descriot )n 0 ?C r 1 2 DISBURSEMENT C _'12 DISBURSEMENT p n 1 12 DISBURSEMENT 0 :01121 DISBURSEMENT 0`02+12 1 DISBURSEMENT C ,02;12 DISBURSEMENT o 0212 DISBURSEMENT 0' 03±12 DISBURSEMENT 1; 0111 DISBURSEMENT 1' 03'11 DISBURSEMENT pc DISBURSEMENT 01'11 DISBURSEMENT luil t ? i . F ?1?: ??¦¦ E6 ;t; Reference ID 2164121022111 2164121022111 2164121022111 2164121022111 2164121022111 2164121022111 2164121022111 2164121022111 2164121022111 2164121022111 2164121022111 2164121022111 RYANAS Payor has future collections on hold Trans Amt 1400.00 2800.00 2800.00 1400.00 1400.00 1400.00 1400.00 1400,00 1400.00 1400.00 1400.00 1400.00 W0312 11;46 FD-B] r Debt Bal 2800.00 2800.00 .1400.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -1400.60 0.00 Financial Transaction Log Dist Hold Reas Code Margaret Johnson : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS, George M. Johnson Plaintiff : NO. 7597 20 09 Defendant MOTION FOR APPOINTMENT OF MASTER George M. Johnson Defendant , moves the court to appoint a master with respect to the following claims: ❑ Divorce ❑ Distribution of Property ❑ Annulment ❑ Support Alimony ❑ Counsel Fees ❑ Alimony Pendente Lite ❑ Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of a master is requested. 2. The defendant has appeared in the action (personally) (by his attorney,_ Leanne M. Miller, CGA LAW FIRM El 3. The staturory ground (s) for divorce are Divorce Decree issued May 8, 2012 4. Delete the inapplicable paragraph (s): A ❑ B ❑ C a. The action is not contested. b. An agreement has been reached with resnect to the following claims: C. The action is contested with respect to the following claims: Modification of Alimony Payment S. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 days 7. Additional information, if any, relevant to the motion: Date: 3/31/2014 AND NOW Attorney for Defendant Leanne M. Miller Print Name ORDER APPOINTING MASTER , 20 , Esquire, is appointed master with respect to the following claims: By the Court, Margaret Johnson : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. George M. Johnson Plaintiff George M. Johnson : NO. 7597 20 09 Defendant MOTION FOR APPOINTMENT OF MASTER Defendant , moves the court to appoint a master with respect to the following claims: ❑ Divorce ❑ Distribution of Property ❑ Annulment ❑ Support Alimony ❑ Counsel Fees ❑ Alimony Pendente Lite ❑ Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of a master is requested. 2. The defendant has appeared in the action (personally) (by his attorney,_ , Esquir t -ca 4. Delete the inapplicable paragraph (s): A ❑ B ❑ C a. The action is not contested. b. An agreement has been reached with resnect to the followine claims: Leanne M. Miller, CGA LAW FIRM 3. The staturory ground (s) for divorce are Divorce Decree issued May 8, 2012 c. The action is contested with respect to "the following claims: Modification of Alimony Payment 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 days 7. Additional information, if any, relevant to the motion: Date: 3/31/2014 6AAL M Ak;vtAA__, Attorney for Defendant Leanne M. Miller Print Name ORDER APPOINTING MASTER AND NOW r!� 3 ,20S___, e , Y ��Gt ���.��i�i.'i lA/ 2 qui -i_' is appointed master with respect to the following claims: aJ2g7( 'kw_ ,T rn By the Cou :1 C. `'�` p2.1 1 a, t /AL �. i titc-c.k., J . D t G e_ y�i 3 rn r C? (L ) �7