HomeMy WebLinkAbout01-2816NOREEN C. JOHNSON, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNA
:
GEORGE M. JOHNSON, ~R., : CIVIL ACTION - LAW
Defendant : IN DIVORCE
NOTICIr.
You have been sued in Court. If you wish to defend against the claims set forth in thc
following papers, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a Decree in Divorce or annulment may be entered against you by the
Court. A judgment may also be entered against you for any other claim or relief requested in these
papers by the Plaintiff. You may lose money or property or other rights important to you, including
custody or visitation of your children.
When thc ground for the divorce is indignities or irretrievable breakdown of thc marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of thc
Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIiVD OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Phone: (717) 249-3166
NOREEN C. JOHNSON, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNA
v. : NO. 01.
:
GEORGE M. JOHNSON, JR., : CIVIL ACTION - LAW
Defendant : IN DIVORCE
NOTICE OF AVAILAI~ILITY OF COUNSELING
To the Within Named Defendant:
You have been named as the Defendant in a divorce proceeding filed in the Court of
Common Pleas of Cumberland County. This notice is to advise you that in accordance with
Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse
to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of
professional marriage counselors is available at the Office ofthe Prothonotary, One Courthouse
Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and
you are not bound to choose a counselor from this list. All necessary arrangements and the cost of
counseling sessions are to be borne by you and your spouse.
If you desire to pursue counsel'mg, you must make your request for counseling within
twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a
waiver of your right to request counseling.
Prothonotary
NOREEN C. JOHNSON, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNA
v. :NO. OI.
:
GEORGE M. JOHNSON, JR., : CIVIL ACTION - LAW
Defendant : IN DIVORCE
COMPLAINT UNDER SECTION 3101
OF THE DIVORCE CODE
1. Plaintiff is Noreen C. Johnson, who currently resides at 314 West Meadow Drive,
Mcchanicsburg, Cumberland County, Pennsylvania 17055.
2. Defendant is George M. $ohnson, who currently resides at 100 Anderson Street,
Apt. 727, Pittsburgh, Allegheny County, Pennsylvania 1 $212.
3. Plaintiffand Defendant have been bona fide residents in the Commonwealth for at
least six months immediately previous to the filing of this Complaint.
4. Plaintiffand Defendant were married on .luly 31, 1982, in York, Pennsylvania.
5. There have been no prior actions for divorce or annulment between the parties.
6. The Plaintiffis a citizen of the United States of America.
7. The Defendant is not a member of the Armed Services of the United States of
America or its Allies.
8. The marriage is irretrievably broken.
9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff
may have the right to request that the Court require the parties to participate in counseling.
The parties to this action have been separated since May 15, 2000.
10. Plaintiff requests the Court to enter a Decree in Divorce.
CLAIM FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTy
UNDER SECTION 3502 OF THE DIVORCE CODE
11. Plaintiffand Defendant are the owners of various real and personal property,
motor vehicles, bank accounts and insurance policies acquired during their marriage which are
subject to equitable dis~ibution by this Court.
CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE
12. Plaintiffis unable to support herself through appropriate employment.
13. Plaintiff lacks sufficient property and income to provide for her reasonable needs.
CLAIM FOR ALIMONY PENDENTE LITE. COUN~qF, I J FEES AND EXPEN~qF~?_
UNDER SECTION 3702 OF THE DIVORCE CODE
14. Plaintiffdoes not have sufficient funds to support herself and pay the counsel fees
and expenses incidental to this action.
15. Defendant is full and well able to pay Plaintiff alimony pendente lite, counsel fees
and expenses incidental to this divorce action.
COUNT V
CLAIM FOR AWARD OF EXCLUSIVE POSSESSION OF THE MARITAL RE,qlDENCE
TO 'IHE PLAINTIFF DURING THE PENDENCY OF THIS ACTION PURSUANT TO
SECTION 3502 (e) OF THE DIVORCE CODE
16. The parties hereto have, during the course of the marriage, resided at 314 West
Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania, wherein Plaintiff currently
resides.
17. Pursuant to Section 3502(c) of the Divorce Code, Plaintiffrequcsts the Cour~ award
to her, during the pendency of this action, the exclusive right to reside in the marital residence.
WHEREFORE, the Plaintiffrequests the Court to enter a Decree:
a. dissolving the marriage between the Plaintiffand Defendant;
b. equitably dis~ibuting ail property owned by the parties hereto;
c. directing the Defendant to pay aiimony to Plaintiff;
d. directing the Defendant to pay alimony pendente lite Plaintiffs counsel tees and the
cost ofthis suit;
e. granting exclusive possession of the marital residence to the Plaintiff; and
f. for such further relief as the Court may determine equitable and just.
JAMES, SMITH, DURKIN & CONNELLY
JohnX~. Ctonm ~, J~..-., F.~quir~- ~
~tton~e~or I a~ntiff ~'-~
Poat~ffice~B' ~650 "'"'-'/
Hershey, PA 17033
(717) 533-3280
PA I.D. No. 15615
I verify that the statements made in this Pleading are true and con'ect. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relaling to
unswom falsification to authorities.
Date: ~ .
NOREEN C. JOHNSON, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : NO. 01-2816 CIVIL TERM
:
GEORGE M. JOHNSON, JR., : CIVIL ACTION - LAW
Defendant : IN DIVORCE
AFFIDAVIT OF SERVlClr.
COMMONWEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF DAUPHIN :
AND NOW, this ~'~day of ~ ,2001, personally appeared before
me, a Notary Public in and for the State and County aforementioned, John J. Connelly, Sr., Esquire,
who, being duly sworn according to law, deposes and says that a copy of the Divorce Complaint
was served on the Defendant, George M. Johnson, Jr., on May 17, 2001 by certified mail number
7099 3400 0004 7298 1845, as evidenced by the return receipt card attached hereto and made a pa~t
hereof.
before his
day of{////~./~' ,2001.
~t Notary Public ~
NOTARIAL SEAL
Jean L. Kosler. Not~ Public
Oity of HummelMov~,County of Dauphin
My Commleeion Explrem Feb. 9, 2004
NOREEN C. JOHNSON, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : NO. 01-2816 CIVIL TERM
:
GEORGE M. JOHNSON, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
AND WAIVER OF COUNSELING
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
May 9, 2001.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days
have elapsed fxom the date of both the filing and service of the Complaim.
3. I consent to the entry of a final decree of divorce aRer service of Notice of Intention
to request entry of the Decree.
4. I have been advised of the availability of marriage counseling, and understand that I
may request that the Court require that my spouse and I participate in counseling. I further
understand that the Court maintains a list of marriage counselors in the Prothonotary's Office,
which list is available to me upon request. Being so advised, I do not request that the Court require
that my spouse and I participate in counseling prior to a divorce decree being handed down by the
Court.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to
unswom falsification to authorities.
Date: //-0/~
Noreen C.~_John[~h, Plaintiff
NOREEN C. JOHNSON, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : NO. 01-2816 CIVIL TERM
:
GEORGE M. JOHNSON, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER §3301(e) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses ifl do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered by the
Court and that a copy of the Decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to
unswom falsification to authorities.
Date: //-~q-~)~" , " '
N'oreen C. JohnsOn, Plaintiff
J
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NOREEN C. JOHNSON, )
Plaintiff ) NO. 01-2816 CIVILTERM
)
v. )
)
GEORGE M. JOHNSON, JR., ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under §3301(c) of the Divorce Code was filed on
May 9, 2001.
2. The marriage of Plaintiffand Defendant is irretrievably broken, and ninety
days have elapsed from the date of filing and service of the complaint.
3. I consent to the entry ora final decree in divorce after service of notice of
intention to request entry of the decree.
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
$33011c~ OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses ill do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made above 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: 1,/~'2- ~
George M~ohnsod~r., Defend~'t
NOREEN C. JOHNSON, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNA
:
v. :~o. ~1-~/~ ~v~T~.~
:
GEORGE M. JOHNSON, ~R., : CIVIL ACTION - LAW
D~fendant : IN DIVORCE
Noreen C. Johnson, social security no. 210-52-6810
George M. Johnson, Jr., social security no. 161-56-5418
NOREEN C. JOHNSON, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : NO. 01 - 2816 CIVIL TERM
GEORGE M. JOHNSON, JR., : CIVIL ACTION - LAW
DEFENDANT : IN DIVORCE
PRAECIPE TO WITHDRAW CLAIMS
TO THE PROTHONOTARY:
Please withdraw the claims for Eqt, itable Distribution. Alimony, Alimony Pendente Lite,
Counsel Fees, Costs and Expenses and Exclusive Possession of the Marital Residence in the above-
captioned divorce action.
JAMES, SMITH, DURKIN & CON'NELLY LLP
Date: //-~) -Lg~ By:(~~ ~'
PoSl OP/i¢~BO~ 650 -~"--~'
Hershey, PA 17033
(717) 533-3280
PA I.D. No. 15615
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NOREEN C. JOHNSON, )
Plaintiff )
)
v. ) NO. 01-2816 CIVIL TERM
)
GEORGE M. JOHNSON, JR.., ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Howett, Kissinger & Conley, P.e. on behalf of the
Defendant, George M. Johnson, Jr., in the above-captioned divorce action.
~'-S. Co~ley, ~iui~e-
P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Defendant
George M. Johnson, Jr.
MARITAL SETTLEMENT AGREEMENT
BY AND BETWEEN
GEORGE M. JOHNSON, JR.
AND
NOREEN C. JOHNSON
Cindy S. Conley, Esquire lohn J. Counelly, Jr., Esquire
HOWETT, KISSINGER & CONLEY, P.C. /AMES, SMITH, DURKIN & CONNELLY
130 Walnut Street 134 Sipe Avenue
P.O. Box 810 Hummelstown, PA 17036
Harrisburg, PA 17108 Telephone: (717) 533-3280
Telephone: (717) 234-2616 Counsel for Noreen C. Johnson
Counsel for George M. Johnson, .Ir.
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT is made of ,2002, by
and between GEORGE M. JOHNSON, JR., of Cumberland County, Pennsylvania, and
NOREEN C. $OI-INSON, of Cumberland County, Pennsylvania;
WITNESSETH:
WHEREAS, George M. Johnson, Jr. (hereinafter referred to as "Husband"), social
security number 161-56-5418, was bom on February 7, 1961, and currently resides at 1447
Hillcrest Court, #31 l, Camp Hill, Cumberland County, Pennsylvania, 17011.
WHEREAS, Noreen C. Johnson (hereinat~er referred to as "Wife"), social security
number 210-52-6810, was bom on November 19, 1958 and presently resides at 1607 Gray Drive,
Mechanicsburg, Cumberland County, Pennsylvania, 17055.
WHEREAS, the parties hereto are husband and wife, having been lawfully married on
July 3 l, 1982 in York, Pennsylvania;
WHEREAS, the parties have lived separate and apart since on or about May 15, 2000;
WHEREAS, six children were bom of the marriage between the parties, namely
Noreen M. Johnson, bom January 23, 1983; G. Mark Johnson, III, bom July 8, 1984, Brendan A.
Johnson, bom December 21, 1985; Daniel P. Johnson, born July 2, 1988; Brian T. Johnson, born
October 3, 1989; and Ian M. Johnson, bom July 20, 1991.
WHEREAS, the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other, including, without limitation,
the settling of all matters between them relating to the ownership of real and personal property,
the support and maintenance of one another and, in general, the settling of any and all claims and
possible claims by one against the other or against their respective estates.
NOW, THEREFORE, in consideration of these premises, and of the mutual promises,
covenants and undertakings hereina_~er set forth, and for other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto,
Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows:
1. ADVICE OF COUNSEL. Each party acknowledges that he or she has
had the opportunity to receive independent legal advice from counsel of his or her selection
(Cindy S. Conley, Esquire for Husband and John $. Connelly, Jr., Esquire for Wife). Each party
fully understands the facts and his or her legal rights and obligations, and each party
acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and
that it is being entered into freely and voluntarily, and that the execution of this Agreement is not
the result of any duress or undue influence, and that it is not the result of any improper or illegal
agreement or agreements. In addition, each party understands the impact of the Pennsylvania
Divorce Code, whereby the court has the right and duty to determine all marital rights of the
parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital
property or property owned or possessed individually by the other, counsel fees and costs of
litigation and, fully knowing the same, each party hereto still desires to execute this Agreement,
acknowledging that the terms and conditions set forth herein are fair, just and equitable to each
of the parties, and waives his and her respective right to have the Court of Common Pleas of
Cumberland County, or any other court of competent jurisdiction, make any determination or
order affecting the respective parties' rights to alimony, alimony pendente lite, support and
maintenance, equitable distribution, counsel fees and costs of litigation.
2
2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges
that he or she is aware of his or her fight to seek discovery, including but not limited to, written
interrogatories, motions for production of documents, the taking of oral depositions, the filing of
inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or
the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or
she has had the opportunity to discuss with counsel the concept of marital property under
Pennsylvania law and each is aware of his or her right to have the real and/or personal property,
estate and assets, earnings a~d income of the other assessed or evaluated by the courts of this
commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge
that there has been full and fair disclosure to the other of his or her respective income, assets and
liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that
any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is
hereby specifically waived, and the parties do not wish to make or append hereto any further
enumeration or statement. Each party warrants that he or she is not aware of any marital asset
which is not identified in this Agreement. The parties hereby acknowledge and agree that the
division of assets as set forth in this Agreement is fa.ir, reasonable and equitable, and is
satisfactory to them. Each of the parties hereto further covenants and agrees for himself and
herself and his or her heirs, executors, administrators or assigns, that he or she will never at any
time hereaRer sue the other party or his or her heirs, executors, administrators or assigns in any
action of contention, direct or indirect, and allege therein that there was a denial of any rights to
full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to
have available full, proper and independent representation by legal counsel.
3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter,
live separate and apart. Each shall be free from all control, restraint, interference and authority,
direct or indirect, by the other. Each may reside at such place or places as he or she may select.
Each may, for his or her separate use or benefit, conduct, carry on or engage in any business,
occupation, profession or employment which to him or her may seem advisable. Husband and
Wife shall not molest, harass, disturb or malign each other or the respective families of each
other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any
manner whatsoever with him or her. Neither party will interfere with the use, ownership,
enjoyment or disposition of any property now owned by or hereal~er acquired by the other.
4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and
the par~ies agree, that by this Agreement they have resolved all ancillary economic issues related
to the dissolution of their marriage and thus any divorce action with respect to these parties shall
be limited to a claim for divorce only. The parties acknowledge that on May 9, 2001, Wife filed
a Complaint in Divorce in the Court of Common Pleas of Cumberland County, Pennsylvania
docketed at No. 2001-2816 Civil Term. The parties agree that simultaneously with the execution
of this Agreement, each will execute an Affidavit of Consent and Waiver of Notice of Intention
to Request Entry of Divorce Decree and forward same to counsel for Wife who shall file said
documents of record within ten (10) days along with any and all other documents necessary to
precipitate the prompt entry of a divorce decree.
5. EOUITABLE DISTRIBUTION.
(a) Marital Residence Proceeds. The parties acknowledge that at the
time of separation they were the titled owners, as tenants by the entireties of that certain house
and lot and all improvements thereupon situated at 314 West Meadow Drive, Mechanicsbur§,
4
Cumberland County, Pennsylvania (hereinafter referred to as the "Marital Residence") which
was sold after separation. The parties further acknowledge that the proceeds of sale of the
Marital Residence of Eleven Thousand Thirty Dollars and Ninety Cents ($11,030.90) were paid
to Wife and that said proceeds shall remain her sole and separate property free and clear of any
right, title, claim or interest of Husband. Moreover, the panics agree that Wife shall be entitled
to claim the mortgage interest/tax deductions related to the Marital Residence for the 2002 tax
year.
(b) Furnishings and Personalty. The parties agree that they have
divided by agreement between themselves all furnishings and personalty located in the Marital
Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household
appliances and equipment.
Accordingly, Husband shall retain sole and exclusive ownership of all furnishings and
personalty currently in his possession, free and clear of any right, title, claim and/or interest of
Wife and Wife shall retain all items of furnishings and personal property currently in her
possession as her sole end separate property free and clear of any right, title, claim and/or interest
of Husband.
(c) Motor Vehicles.
(1) Husband agrees that Wife shall retain possession of and
receive as her sole and separate property the 1999 GMC Suburban automobile and a 1998 Isuzu
Rodeo automobile (which Wife will maintain for use by the parties' children) currently titled in
the joint names of the parties, along with all rights under any insurance policies thereon and with
all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance
thereon, free of any and all right, title, claim or interest of Husbend. Wife shall indemnify and
5
hold Husband and his property harmless from any and all liability, cost or expense, including
actual attorney's fees, incurred in connection with any vehicle belonging to Wife by virtue of this
subparagraph.
(2) Wife agrees that Husband shall retain possession of and
receive as his sole and separate property the 1994 Volvo 850 Wagon automobile, currently titled
in the joint names of the parties, along with all rights under any insurance policies thereon and
with all responsibility for payment of any outstanding indebtedness pertaining thereto and
insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall
indemnify and hold Wife and her property harmless from any and all liability, cost or expense,
including actual attorney's fees, incurred in connection with any vehicles belonging to Husband
by virtue of this subparagraph.
(3) The parties agree that they will cooperate in effectuating
the transfer of titles and insurance to accomplish the purposes of this subparagraph.
(d) Life Insurance. Except as provided for herein, the parties
acknowledge and agree that each shall retain as his/her sole and separate property, any and all
life insurance policies in his/her name, free of any right, title and interest of the other party.
(e) Pension and Retirement Benefits. Wife and Husband each
hereby specifically releases and waives any and all right, title, claim or interest that he or she
may have in and to any and all retirement benefits (including but not limited to pension or profit
sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thriR plans,
individual retirement accounts or other similar benefits) of the other party, specifically to include
a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties
agree that they shall execute any documents pursuant to the Retireraent Equity Act or any similar
act that may be required from time to time to accomplish the purposes of this subparagraph.
(f) Miscellaneous Pronertv. As of the execution date of this
Agreement, any and all property not specifically addressed herein shall be owned by the party to
whom the property is titled; and if untitled, thc party in possession. This Agreement shall
constitute a sufficient bill of sale to evidence thc transfer of any and all rights in such property
from each to the other.
(g) Pronertv to Wife. The parties agree that Wife shall own, possess,
and enjoy, free from any claim of husband, the property awarded to her by thc terms of this
Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and
waives and relinquishes any and all rights thereto, together with any insurance policies covering
that property, and any escrow accounts relating to that property, this Agreement shall constitute
a sufficient hill of sale to evidence the transfer of any and all rights in such property from
Husband to Wife.
(h) Property to Husband. The parties agree that Husband shall own,
possess, and enjoy, flee from any claim of Wife, the property awarded to him by the terms of this
Agreement. Wife hereby quitclaims, assigns end conveys to Husband all such property, and
waives and relinquishes any and all rights thereto, together with any insurance policies covering
that property, and any escrow accounts relating to that pmper~y. This Agreement shall constitute
a sufficient bill of sale to evidence the transfer of any and all rights in such proper~y from Wife to
Husband.
7
(i) Liability not Listed. Each party represents and warrants to the
other that he or she has not incurred any debt, obligation or other liability, other than those
described in this Agreement, on which the other party is or may be liable. A liability not
disclosed in this Agreement will be the sole responsibility of the party who has incurred or may
hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify
and hold the other party and his or her property harmless f~om any and ail debts, obligations and
liabilities.
(j) Indemnification of Wife. If any claim, action or proceeding is
hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband
under this Agreement, Husband will, at his sole expense, defend Wife against any such claim,
action or proceeding, whether or not well-founded, and indemnify her and her property against
any damages or loss resulting therefrom, including, but not limited to, costs of court and actual
attorney's fees incurred by Wife in connection therewith.
(k) Indemnification of Husband. If any claim, action or proceeding
is hereafter initiated seeking to bold Husband liable for the debts or obligations assumed by Wife
under this Agreement, Wife will, at her sole expense, defend Husband against any such claim,
action or proceeding, whether or not well-founded, and indemnify him and his property against
any damages or loss resulting therefix)m, including, but not limited to costs of court and actual
attorney's fees incurred by Husband in connection therewith.
(I) Warranty ns to Future Oblieations. Husband and Wife each
represents and warrants to the other that he or she will not at any time in the future incur or
contxact any debt, charge or liability for which the other, the other's legal representatives,
8
property or estate may be responsible. From the date of execution of this Agreement, each party
shall use only those credit cards and accounts for which that party is individually liable and the
parties agree to cooperate in closing any remaining accounts which provide for joint liability.
Each party hereby agrees to indemnify, save and hold the other and his or her property harmless
from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in
the event of breach hereof.
6. SUPPORT.
A. ALIMONY, ALIMONY PENDENTE LITE. SPOUSAL
SUPPORT. Except as provided below, Husband and Wife hereby expressly waive, discharge
and release any and all fights and claims which he or she may have now or hereafter by reason of
the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or
other like benefits resulting from the parties' status as husband and wife. Except as provided
herein, the parties further release and waive any rights they may have to seek modification of the
terms of this paragraph in a court of law or equity, it being understood that the foregoing
constitutes a final determination for all time of either party's obligation to contribute to the
support and maintenance of the other.
The parties acknowledge that prior to execution of this Agreement Husband paid to Wife
on or about July 25, 2002 the sum of Thirteen Thousand Nine Hundred Sixty Nine Dollars and
Ten Cents ($13,969.10) which sum constitutes alimony paid by Husband to Wife in 2002.
Thereafter and notwithstanding the above, effective on bu, gll's.t_ 1, 2J302 through May 31, 2004
Husband shall pay to Wife the sum of One Thousand Dollars 61,000)~er mon ' y;
commencing June 1, 2004 through June 30, 2006, Husband will pay Wife the sum of One
Thousand Seven Hundred Fifty Dollars ($1,750) as alimony; commencing July 1, 2006 through
May 31, 2008 Husband will pay Wife the sum of Two Thousand Five Hundred Dollars ($2,500)
as alimony; commencing June 1, 2008 through August 1, 2009 Husband will pay the sum of
Three Thousand Two Hundred Fifty Dollars ($3,250) per month as alimony. Said monthly
alimony payments shall terminate upon the first to occur of the following:
(I) The expiration of the alimony term;
(2) Death of Husband;
(3) Death of Wife;
(4) Wife's remarriage; or
(5) Wife's commencing a child support action against Husband
The alimony provisions provided for in this Agreement shall be subject to modification
by the Court only in the event Husband suffers an involuntary reduction in income. In addition,
all alimony payments paid pursuant to this paragraph are to be deducted by Husband on his
federal income tax returns and claimed by Wife as income on her federal income tax returns.
B. CI-IILD SUPPORT. Commencing ~l~:l~t 1, 2002 and continuing
until May 31, 2004, Husband shall pay to Wife the sum of Three Thousafld Dolla~ ($3,000) per
month as child support. Commencing on June 1, 2004 and continuing until June 30, 2006
Husband shall pay Wife the sum of Two Thousand Two Hundred Fi~y Dollars ($2,250) per
month as child support. Commencing July 1, 2006 and enntinuing until May 31,2008 Husband
shall pay Wife the sum of One Thousand Five Hundred Dollars ($1,500) per month as child
support. Commencing June 1, 2008 and continuing until July 20, 2009 Husband will pay Wife
10
the sum of Seven Hundred Fifty Dollars ($750) per month as child support. Thereafter,
Husband's child support obligation shall terminate. The parties specifically agree and
acknowledge that these figures includes Husband's proportionate share of the minor children's
Catholic School tuition and their orthodontia expense. Wife shall be entitled to utilize the
children's exemptions so long as she is able to do so. In the event any child dies prior to
reaching the age of eighteen (18) and graduating from high school, the par~ies agree that the child
support obligation will be reduced by Seven Hundred Fifty Dollars ($750) per month.
Husband shall continue to provide health insurance coverage for the minor children
through his place of employment so long as it is available at reasonable cost and the children are
eligible to be covered regardless of age. Any uninsured medical expenses of the minor children
over the first Two Hundred Fifty Dollars ($250) per year per child for which Wife shall be solely
responsible (excluding orthodontia expense which has already been dealt with in the child
support amount), shall be paid by the parties with Husband paying seventy (70%) percent of said
expenses and Wife paying thirty (30%) of said expenses.
C. SUPPORT PAYMENTS SECURED BY ALIMONY. For so
long as Husband is required to pay Wife alimony and/or child support pursuant to this
Agreement, he shall maintain a life insurance policy naming Wife as beneficiary in an amount
necessary to pay any outstanding alimony/child support obligation due Wife pursuant to the
terms of this Agreement at the time of Hnsband's death.
D. DUE DATE OF PAYMENTS. Husband shall make his child
support/alimony payments in two (2) equal monthly installments with the first (1s~) installment
due thc first (1~) day of the month but which shall not be considered as late until after the fifth
11
(5t~) day of the month and with the second (2~a ) installment being due on the fifteenth (15'h) day
of each month with said installment not being considered as late until the twentieth (20~') day of
each month. In the event Husband is consistently late in making said payments, Wife shall have
the option, but not the obligation, to t~XlUeSt the Cumberland County Court of Common Pleas to
enforce said support obligations. However, the parties specifically acknowledge that payment
through the office is not intended, nor does it confer upon the court, any authority to modify the
terms of the alimony as set forth in this Agreement. Rather, payment through the Domestic
Relations Office is provided for enforcement purposes only.
7. COUNSEL FEES, COSTS AND EXPENSES. Each pasty shall be
solely responsible for his or her own legal fees, costs and expenses incurred in connection with
their separation and/or the dissolution of their marriage, and the preparation and execution of this
Agreement.
8. WAIVER OF INHERITANCE RIGFITS. Unless otherwise specifically
provided in this Agreement, as ofthe execution date of this Agreement, Husband and Wife each
waives all rights of inheritance in the estate of the other, any right to elect to take against the will
or any trust of the other or in which the other has an interest, and each of the parties waives any
additional rights which said party has or may have by reason of their marriage, except the rights
saved or created by the terms ofthis Agreement. This waiver shall be construed generally and
shall include, but not be limited to, a waiver of all fights provided under the laws of
Pennsylvania, or any other jurisdiction.
12
9. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise
specifically set forth in this Agreement, each party hereto specifically waives any and all
beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like
program carrying a beneficiary designation which belongs to the other party under the terms of
this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature,
deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts,
final pay checks or any other post-death distribution scheme, and each party expressly states that
it is his and her intention to revoke by the terms ofthis Agreement any beneficiary designations
naming the other which are in effect as of the date of execution of this Agreemem. If and in the
event the other party continues to be named as beneficiary and no alternate beneficiary is
otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party.
10. RELEASE OF CLAIMS.
(a) Wife and Husband acknowledge and agree that the property
dispositions provided for herein constitute an equitable distribution of their assets and liabilities
pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to
division of their property except as provided for in this Agreement. Furthermore, except as
otherwise provided for in this Agreement, each of the parties hereby specifically waives,
releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she
may have in property transferred to the other party pursuant to this Agreement or identified in
this Agreement as belonging to the other party, and each party agrees never to assert any claim to
said property or proceeds in the future. However, neither party is released or discharged from
any obligation under this Agreement or any instrument or document executed pursuant to this
13
Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or
right of the other, all items ofpersonai property, tangible or intangible, acquired by him or her
from the execution date of this Agreement with full power in him or her to dispose of the same
fully and effectively for all purposes.
(b) Each party hereby absolutely and unconditionally releases and
forever discharges the other and the estate ofthe other for all purposes from any and all rights
and obligations which either party may have or at any time hereafter has for past, present or
future support or maintenance, alimony pendente lite, alimony, equitable dislribution, counsel
fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising
out of the marital relationship or otherwise, including all rights and benefits under the
Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any
other law of any other jurisdiction, except and only except all rights and obligations arising under
this Agreement or for the breach of any of its provisions. Neither party shall have any obligation
to the other not expressly set forth herein.
(c) Except as set forth in this Agreement, each party hereby absolutely
.and unconditionally releases and forever discharges the other and his or her heirs, executors,
administrators, assigns, property and estate from any and all rights, claims, demands or
obligations arising out of or by virtue of the marital relationship of the parties whether now
existing or hereafter arising. The above release shall be effective regardless of whether such
claims arise out of any former or future acts, conffacts, engagements or liabilities of the other or
by way of dower, curtasy, widow's or widower's rights, family exemption or similar allowance,
or under the intestate laws or the right to take against the spouse's will, or the right to treat a
lifetime conveyance by the other as testamentary or all other fights ora surviving spouse to
participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any
state, commonwealth or territory of the United States, or any other country.
(d) Except for the obligations of the parties contained in this
Agreement and such fights as are expressly reserved herein, each party gives to the other by the
execution of this Agreement an absolute and unconditional release and discharge fi'om all causes
of action, claims, fights or demands whatsoever in law or in equity, which either party ever had
or now has against the other.
11. PRESF. RVATION OF RECORDS. Each party will keep and preserve
for a period of four (4) years from the date of their divorce decree all financial records relating to
the marital estate, and each party will allow the other party access to those records in the event of
tax audits.
12. MODIFICATION. No modification, rescission, or amendment to this
Agreement shall be effective unless in writing signed by each of the parties hereto.
13. SEVERABILITY. If any pmvision of this Agreement is held by a court
of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof
shall nevertheless survive and continue in full force and effect without being impaired or
invalidated in any way.
14. BREACH. If either party hereto breaches any provision hereof, the other
party shall have the right, at his or her election, to sue for damages for such breach, or seek such
other remedies or relief as may be available to him or her. The non-breaching party shall be
entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in
thc enforcement of the rights of the non-breaching party.
15. WAIVER OF BREACH. The waiver by one party of any breach of this
Agreement by the other party will not be deemed a waiver of any other breach or any provision
of this Agreement.
16. NOTICE. Any notice to be given under this Agreement by either party to
the other shall be in writing and may be effected by registered or certified mail, return receipt
requested. Notice to Husband will be sufficient if made or addressed to the following:
George M. Johnson, Jr.
1447 Hillcrest Court
#311
Camp Hill, PA 17011
and to Wife, if made or addressed to the following:
Noreen C. Johnson
1607 Gray Drive
Mechanicsburg, PA 17055
Notice shall be deemed to have occurred upon the date received by the recipient. Each party may
change the address for notice to him or her by giving notice of that change in accordance with the
provisions of this paragraph.
16
17. APPLICABLE LAW. All acts contemplated by this Agreement shall be
construed and enforced under the substantive laws of the Commonwealth of Pennsylvania
(without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of
execution of this Agreement.
18. DATE OF EXECUTION. The "date of execution" or "execution date" of
this Agreement shall be defined as the date upon which the parties signed the Agreement if they
do so on the same date, or if not on the same date, then the date on which the Agreement was
signed by the last party to execute this Agreement.
19. EFFECTIVE DATE. This Agreement shall become effective and
binding upon both parties on the execution date.
20. EFFECT OF RECONCILIATION. COHABITATION OR
DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated
even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a
reconciliation. This Agreement also shall continue in full force and effect in the event of the
parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the
parties in writing e~ecute a statement declaring this Agreement or any term of this Agreement to
be null and void.
21. HEADINGS NOT PART OF AGREEMENT. Any headings preceding
the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of
reference and shall not constitute a part of this Agreement nor shall they affect its meaning,
construction or effect.
17
22. AGREEMENT BINDING ON PARTIES AND HEII~.~- This
Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal
representatives, assigns, and successors in any interest of the parties.
23. ENTIRE AGREEMENT. Each party acknowledges that he or she has
carefully read this Agreement; that he or she has discussed its provisions with an attorney of his
or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney;
and that this instrument expresses the entire agreement between the parties concerning the
subjects it purports to cover and supersedes any and all prior agreements between the parties.
This Agreement should be interpreted fairly and simply, and not strictly for or against either of
the parties.
24. MUTUAL COOPERATION. Each party shall, on demand, execute and
deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary
designations, tax returns, and other documents, and shall do or cause to be done every other act
or thing that may be necessary or desirable to effectuate the provisions and purposes of this
Agreement. If either par~y unreasonably fails on demand to comply with these provisions, that
party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as
a result of such failure.
25. AGREEMENT NOT TO BE MERGED. This Agreement may be
incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not
be merged into said decree. The parties shall have the right to enforce this Agreement under the
Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity
18
under this Agreement as an independent contract. Such remedies in law or equity are specifically
not waived or released.
IN WITNESS WIIEREOF, the parties hereto set their hands and seals on the dates of
their acknowledgments.
WITNESS GEORGE,h,f. JOI-iN~ON, JR.
wrr~ss '~ ' k NOVON C. $Om,~SO~4
19
COMMONWEALTH OF PENNSYLVANIA )
)
COUNTY 0~~_.i~I~ )
BEFORE ME, the undersigned authority, on this day personally appeared
GEORGE M. JOHNSON, JR., known to me to be the person who executed the foregoing
instrument, and who acknowledged to me that he executed same for the purposes and
considerations therein expressed.
f,~~IVEN UNDER MY HAND AND SEAL OF OFFICE this /t~ day of
,2002.
Notary Public in and for ! -
Commonwealth of Pennsylvania
Typed or printed name of Notary:
~"l~ td l,~l' L .
My commission expires:
2O
COMMONWEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF CUMBERLAND :
Onthis, the o~dayof /~..,~_j ,2002, beforeme, aNotary
Public, personally appeared Noreen C. Johnson, known to me to be the person whose name
is subscribed to the within Property Settlement Agreement and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
0 NOTP~R.Y PUBLIC
NOTARIAL SEAL
Jean L. Kosiar, Notary Public
City of Hurnmeistow~.County of Dauphin
My Corn 'niss~'~n Expires Feb. 9. 2004
NOREEN C. JOHNSON, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. :NO. 01 -2816 CIVIL TERM
GEORGE M. JOHNSON, JR., : CIVIL ACTION - LAW
DEFENDANT : IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
"1'o lhe Prothonotary:
Transmit the record, together with the following information, to the Court for entry of a
Divorce Decree:
1. Ground for divorce: irretrievable breakdown under Section (XX) 3301(c) ( )
3301 (d) of the Divorce Code.
2. Date and maimer of service of the Complaint: May 17 2001 by certified mail no.
7099 3400 0004 7298 1845.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the Affidavit of Consent and Waiver of Counseling
required by Section 3301(c) of the Divorce Code: by Plaintiff: November 7 2002 Defendant:
October 18, 2002.
(b) (1) Date ofexecutiot~ of the Plaintiffs Affidavit required by Sectiot~ 3301(d) of
the Divorce Code:
(2) Date of service of the Plaintiffs Affidavit upon the Defendant:
4. Related clai,ns pending: All claims of record have been settled pursuant to a Marital
Settlement Agreement dated October 25, 2002.
5. Date and manner of service of Notice of Intention to file Pmecipe to
Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d)
o1' the Divorce Code:
or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree
under Section 3301(c) of the Divorce Code: by Plaintiff.' November 7, 2002; by Defendant:
October 18, 2002.
and, date of filing of the Waiver of Notice of Intention to Request Entry ora Divorce
Decree: Both Waivers were filed on November 13.2002.
JAMES, SMITH, DURKIN & CONNELLY LLP
Hershey, PA 17033
(717) 533-3280
PA I.D. No. 15615
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE Of ~ PENNA.
NOREEN C. JOHNSON,
NO. 01 - 2816 civil Term
Plaintiff
VERSUS
GEORGE M. JOHNSON, JR.,
Defendant
DECREE IN
DIVORCE ~~ ~/~.
, , IT IS ORDERED AND
DECREED THAT Noreen C. 3ohnson _, PLAINTIFF,
AND Georqe M. Johnson~ Jr. __,DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WhiCh A FINAL ORDER HAS NOT
YET BEEN eNTeReD; None
The attached Marital Settlement Aqreement is hereby incoroorateI