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HomeMy WebLinkAbout01-2914JANET M. JOHNSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO, OI-.,~q'~,~2IV[L TERM : JAMES R. JOHNSON, : IN DIVORCE AND CUSTODY Defendant : NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take prompt action. You are warned that, if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. · CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 JANET M. JOHNSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. Ol.a 9OtCML TERM : JAMES R. JOHNSON, : IN DIVORCE AND CUSTODY Defendant : COMPLAINT 1. The Plaintiff is Janet M. Johnson, Social Security number 233-74-8318, who currently resides at 9 Royal Para Drive, Mechanicsburg, Cumberland County, Pennsylvania 1705:5. 2. The Defendant is James R. Johnson, Social Security number 175-40-6869, who currently resides at 9 Royal Palm Drive, Mechanicsburg, Cumberland County, Pennsylvania 1705:5. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff av.d Defendant were married on March 10, 198:5 in Cumberland County Pennsylvania. COUNT I - DIVORCE 5. Paragraphs I through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, Sections 3301(c) in that: a) The marriage is irretrievably broken. 8. The 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. 9. Defendant is not a member of the armed services. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce. COUNT II - EOUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 of this Complaint arc incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from March 10, 1985 until the filing of this Complaint, which property is "marital property ". 12. Plaintiff and Defendant may have owned, prior to the marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property. COUNT III - CUSTODY 14. Paragraphs I through 13 of this Complaint are incorporated herein by reference as though set forth in full. 15. The Plaintiff is Janet M. Johnson, who currently resides at 9 Royal Palm Drive, Mechanicsburg, Cumberland County, Pennsylvania. 16. The Defendant is James R. Johnson, who currently resides at 9 Royal Palm Drive, Mechanicsburg, Cumberland County, Pennsylvania. 17. Plaintiff seeks custody of the minor child, Ryan Johnson, born Suly 14, 1986, who currently resides at 9 Royal Palm Drive, Mechanicsburg, Cumberland County, Pennsylvania. 18. The child was born during wedlock. 19. The child is presently in the custody of the Plaintiff, Janet Johnson. 20. During the child's lifetime the child has resided with the following persons and at the following addresses: Janet and James Johnson 9 Royal Palm Drive March 17, 1989 - Present Mechanicsburg, PA 17055 Janet and James Johnson 1211 Gross Drive July 14, 1986 - March 17, 1989 Mechanicsburg, PA 17055 21. The relationship of Plaintiff to the child is that of natural mother. 22. The relationship of Defendant to the child is that of natural father. 23. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 24. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 25. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 26. The Plaintiff/Mother seeks primary custody for the following masons: a. The Plaintiff/Mother feels she is best suited to care for the child. 27. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHRRlgFORIg, the Plaintiff, Janet Johnson, respectfully requests this Honorable Court to grant primary physical and legal custody of the child to the Plaintiff with the Defe~d~qt, James Johnson, having partial custody as the parties can agree. Respectfully submitted Austin F~ Groga~,~Es~_~ 24 North 32nd Street Camp Hill, PA 17011 (717) 737-1956 Attonmy for Plaintiff I.D.//59020 VERIFICATION I, JANET M. $OHNSON, verify that the statements made in the foregoing Complaint 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. JANET M. JOI-~SON JANET M. JOHNSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 01-2914 CIVIL TERM : JAMES R. JOHNSON, : IN DIVORCE AND CUSTODY Defendant : AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 14, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the ~ntry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are I~e and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. JA.NeET M. JOHNSON JANET M. JOHNSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 01-2914 CML TERM JAMES R. JOHNSON, : IN DIVORCE AND CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the enlry 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 ff I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I undemand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unswom falsification to authorities. JANET M. JOHNSON SANET M. JOHNSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 01-2914 CIVIL TERM : SAMES R. JOHNSON, : IN DIVORCE AND CUSTODY Defendant : AFF~AVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 14, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the s~al~nnents made in this affklavit are true and co~ect. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date [~ ~'~' ~' ~(~R. J~H~~ JANET M. JOHNSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 01-2914 CIVIL TERM : JAMES R. JOHNSON, : IN DIVORCE AND CUSTODY Defendant : WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I undersumA 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 I verify that the statements made in this affidavit are true av.d correct. I understav, d that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unswom falsification to authorities. JANET M. JOHNSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 01-2914 CIVIL TERM : JAMES R. JOHNSON, : IN DIVORCE AND CUSTODY Defendant : PRAECIPE TO TRANSMIT RECORI) To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: By certified mail on May 19, 2001. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Plaintiff Febroary 18, 2002; by Defendant February 18, 2002. 4. Related claims pending: All claims raised resolved in Marriage Settlement Agreement dated February 18, 2002. 5. Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: February 21, 2002 Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: February 21, 2002 Austin F. Grogan, Esquire . ' ] Attorney for Plaintiff /' ] 24 North 32nd Street I/ Camp Hill, PA 17011 (717) 737-1956 Id # 59020 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I, Austin F. Grogan, Esquire, hereby certify that I did mail a true and correct copy of the Praecip¢ to Transmit thc R~cord in thc above-captioned matter to thc Defendant, James R. Johnson, on February 27, 2002, C/O Philip Spare, Esq., 44 West Main Street, M~chanicsburg, PA 17055, which satisfied thc requirements of service by mail pursuant to Pa. R.C.P. 403. I understand that false statements are made herein are made subject to the penalties of Pa.C.S. § 4904, relating to unswom falsification to authorities. / ! Austin F. Grogan, Esquir~ Attorney for Plaintiff / 24 North 32nd Street Camp Hill, PA 17011 (717) 737-1956 ID #59020 JANET M. JOHNSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 01-2914 CIVIL TERM : JAMES R. JOHNSON, : IN DIVORCE AND CUSTODY THIS AGREEMENT, made this /~74 day of ~,~c~/h~-~ f ,2002, by and between JAMES R. JOHNSON, hereinafter referred to as "Husband", and JANET M. JOHNSON, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on March 10, 1985: and WHEREAS, differences have arisen between Husband and Wife, as a result of which it is the desire of the parties after long and careful consideration, amicably to adjust, compromise and settle ali property rights and all rights in, to, or against each other's property or estate, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any and all claims for maintenance, support, alimony, equitable distribution, counsel fees, and costs; and WHEREAS, it is the mutual desire of Husband and Wife to reduce their agreement to writing; and NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements hereinafter contained, each of the parties hereto, intending to be legally bound hereby promises, covenants, and agrees as follows: 1. PARTIES TO LIVE SEPARATE AND APART The parties mutually agree to live separate and apart. Neither party will molest the other, or in any way harass or malign thc other, nor in any way interfere with the peaceful existence of the other. 2. PERSONAL PROPERTY Husband and Wife have divided all personal property, which would constitute marital property, with the exception of some Christmas related items that the Wife agrees to deliver to the Husband in the near future. Husband and Wife agree that the Wife shall retain the riding lawn mower. Husband acknowledges that he has already received $450.00 from the Wife in exchange for the riding lawn mower. Husband and Wife acknowledge that they are owners of a 1999 Toyota Sienna van. Husband waives any interest in the 1999 Toyota Sienna van and agrees to sign over the title to Wife. In consideration of Husband's waiver of any interest in the van, the parties acknowledge the Wife will be responsible for any debt related thereto. Husband and Wife agree that the 2001 Toyota Camry shall be retained by the Husband, along with any debt 2 related thereto. Wife's name is not held on the title to the Camr~ therefore no title transfer will he required. Wife agrees that any property in the possession and control of Husband shall be the sole and separate property of Husband. Husband agrees that all property in the possession and control of Wife shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have to the sole and separate property of thc other. 3. MARITAL DEBTS Husband and Wife each covenant, represent, and agree that each other will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other prior to or after the effective date of this Agreement, except as may be otherwise specifically provided for the by the terms of this Agreement. Husband and Wife agree that the loans for the sunroom, computer, and all credit card debts shall be fully satisfied as agreed upon between the parties. 4. RF AL PROPERTY Husband and Wife agree that they purchased the real property located at 9 Royal Palm Drive, Mechanicsburg, Cumberland County, Pennsylvania. which constitutes marital property. Husband waives any interest in the marital home. In consideration of Husband's waiver of 3 any interest in the marital property, the parties acknowledge the Wife has refinanced the marital home and paid the husband $38,338.29. Any balance held in escrow that may be refunded by 1~' Nationwide Mortgage Company shall be divided equally between the parties. 5. ALIMONY AND SUPPORT FOR SELF Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property is satisfactory to them and is accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support or alimony. 6. CUSTOD r The parties recognize that under the current circumstances, Wife has primary physical custody of the parties' son, Ryan. Husband shall enjoy partial physical custody of Ryan as the parties can agree. The parties shall continue to cooperate with one another with an "open door" policy to maximize Father's time with Ryan. In the event Wife travels out of the area on business or pleasure, Wife shall contact Husband as soon as practical to make him aware of her travel plans and to make arrangements for care of Ryan in Wife's absence. Husband shall 4 be the first party contacted for Ryan's care in Wife's absence. ?. CHILD SUPPORT Parties acknowledge they are the natural parents of Ryan Johnson, age 15, who resides with the Wife. Parties acknowledge husband will pay $300.00 per biweekly pay for child support through a Domestic Relations wage attachment. The Order may be modifiable by the parties by filing a request with the Cumberland County Domestic Relations Section. (Copy of Financial Support Agreement dated September 13, 2001 attached as "Exhibit A'') 8. LIFE INSURANCE Husband and Wife agree that they are the owners of a life insurance policy with Prudential Financial (policy number 73 407 740) in the names of James/Janet Johnson with a net cash value of $20,219.44 as of December 4, 2001. Husband and Wife agree that Husband may liquidate the Prudential policy, at which point the proceeds shall be divided 55% to Husband and 45 % to Wife. Husband will be solely responsible for the reporting and payment of any federal, state or local tax consequences for his 55% of the transaction. Wife will be solely responsible for the reporting and payment of any federal, state or local income tax consequences for her 45% of the transaction. The parties will indemnify each other and hold each other harmless for his/her respective shares of the tax liability as set forth above. Husband has in place a new insurance policy that provides comparable or better coverage for Ryan. Husband will continue to make premium payments until Ryan is age 21 or until he completes his undergraduate education, whichever comes later. As a result of their ownership in the Prudential policy explained in the foregoing paragraph. Husband and Wife have become the joint owners of sixty-four (64) shares of stock in Prudential Financial, Inc. due to Prudential completing its conversion from a mutual company to a stock company on or about December 18, 2001. The parties recognize that the ownership of the Prudential shares are marital propet~y and agree to distribute those shares thirty-five (35) shares to Husband and twenty-nine (29) shares to Wife. Each party shall be solely responsible for his or her portion of any federal, state or local tax consequences as a result of the distribution of these shares. The parties will indemnify each other and hold each other harmless for their respective shares of the tax liability as set forth above. The parties further acknowledge that they have a Delaware Life Insurance whole life policy with an approximate cash value of $5,587.00. Wife waives any interest in the cash value of the Delaware Life Insurance whole life policy. 9. WAIVER OF INTEREST IN RETIREMENT Husband and Wife acknowledge they are participants in the Civil Service Retirement System. Husband and Wife expressly waive and relinquish any right, claim, title or interest in any pension, profit-sharing, retirement, credit union or employment-related plans in which the other has any interest, whether vested or unvested, matured or unmatured. 10. COLLEGE TUITION ASSISTANCE PROGRAM (TAP) Parties acknowledge they are the owners of a College Tuition Assistance Program fund managed by the Commonwealth of Pennsylvania Department of Treasury for the benefit of Ryan Johnson. Parties agree the money shall be used for Ryan Johnson's college education. In the event that Ryan does not attend college or does not complete his college education, the proceeds from the TAP fund shall be placed in a trust account for Ryan's benefit with both Husband and Wife as trustees until Ryan reaches the age of 25 at which point the funds would be distributed to him. Husband will forward copies of the (TAP) statement to Wife within 10 days of receipt of said statements from the Commonwealth. 11. LEGAL REPRESENTATION Husband and Wife declare that each has had a full and fair oppo~'unity to obtain and consult with legal counsel of his/her selection and that the parties, cognizant of their legal rights, declare and express that: A) Austin F. Grogan, Esquire, represents Wife, Janet M. Johnson; and B) Philip Spare, Esquire, represents Husband, James R. Johnson. 12. MUTUAL DISCHARGE Wife relinquishes her inchoate intestate right in the estate of Husband, and Husband relinquishes his inchoate intestate right in the estate of Wife, and each of the parties hereto for himself or herself, his or her heirs, executors, administrators or assigns does remise, release, quitclaim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or inequity of whatsoever kind or nature for or because of a matter or thing done, omitted or suffered to be done by said party prior to and including the date hereof, except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement. 13. NO-FAULT DIVORCE An action for Divorce has been instituted by the Wife in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 01-2914 Civil Term, alleging that the marriage is irretrievably broken and requesting a no-fault divorce under Section 3301(c) of thc Divorce Code. It is hereby agreed that the marriage is irretrievably broken and that coincident to the signing of this Agreement, both parties will execute affidavits of consent to the entry of a 8 Decree in Divorce under Section 3301(c) of the Divorce Code. 14. EXECUTION AND DELIVERY OF DOCUMENTS The parties hereto agree to execute and deliver all papers needed to effectuate the terms and intentions of this Agreement. 15. BREACHING PARTY PAYS COSTS If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, either to sue for specific performance or for damages for such breach, and the party breaching this Agreement shall be responsible for reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 16. C~ENERAL PROVISIONS This Agreement encompasses all agreements between the parties concerning the matters set forth herein and may not be altered or omitted except in writing executed by the parties; the waiver of any term. condition or provision of this Agreement shall in no way be deemed a waiver of any other term, conditions or provisions of this Agreement. If any term, condition or provision of this Agreement shall be determined to be void or invalid in law or otherwise, then only that term. condition or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full 9 It is agreed by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated, by reference, into any divorce, judgment, or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. This Agreement is executed in triplicate, and Husband and Wife, as parties hereto, acknowledge the receipt of a duly executed copy hereof. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date first above written. WITNESS: .~tlES R..lOHNS~.~/Defendant JANET M. ~'OHI~SON, Plaintiff ~.0 COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND : On this, the ' ~y[.I .day of ~C~aC/1OaCl/~ , 2002, before me, the undersigned officer, personally appeared lAMES R. IOHNSON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNIiSS WH£REOF, I have hereunto set my hand and notaries seal. NOTARY PUBLIg A,-*in F. C__~o~,. Nooay C'.mp Hill I~o~ Cumb~amt My Commil$1on Expi~r.~ Aug. 6, 20(~ COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND : On this, the .~'/'l-~ .day of ~/5~,?c/g'hq~.// ,2002, before me, the undersigned I officer, personally appeared JANET M. JOHNSON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notaries seal. IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY STA'rE OF i~~*.. PENNA. NO. 01-2914 CIVIL Pla~ntiff VERSUS JAMES R. JOHNSON, Defendant DECREE IN DIVORCE . DecReeD THAT JANET M. JOHNSON _, PlaiNTiff, AND JAMES R. JOHNSON , 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; MARRIAGE SETTLEMENT AGREEMENT INCORPORATED, BUT NOT MERGED ~~ J°