HomeMy WebLinkAbout05-2214
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KIM D. JOHNS,
Plaintiff
NO. 05-d.Q.1t/
v.
CIVIL ACTION - LAW
THOMAS T. JOHNS,
DIVORCE
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set for h in the
following pages, you must take prompt action. You are warned that if you fail to d so, the
case may proceed without you and a decree of divorce or annulment may be entere 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 ot er rights
important to you, including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of the marr age, you
may request marriage counseling. A list of marriage counselors is available in the Offi e of the
Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR
EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU A Y 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 F ND OUT
WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32S. BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KIM D. JOHNS,
Plaintiff
NO. 05- c<~ It!
CIVIL ACTION- LAW
V.
THOMAS T. JOHNS,
DIVORCE
Defendant
COMPLAINT
Plaintiff, KIM D. JOHNS, by her attorney, Diane G. Radcliff, Esquire, files this Com laint in
Divorce of which the following is a statement:
COUNT I
DIVORCE
1. The Plaintiff is KIM D. JOHNS an adult individual who currently resides at 60 Hoover
Road, Carlisle, Cumberland County, Pennsylvania, since 1986.
2. The Defendant is THOMAS T. JOHNS, an adult individual residing at 60 Hoov r Road,
Carlisle, Cumberland County, Pennsylvania, since 1986.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealt for at
least six (6) months previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on July 18,1985 at Shippensburg, Cum erland
County, Pennsylvania.
5. There have been no prior actions of divorce or annulment between the part es.
6. Plaintiff has been advised that counseling is available and that Plaintiff may h ve the
right to request that the Court require the parties to participate in counseli g.
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7. Defendant is not a member of the Armed Services of the United States or any of its
Allies.
8. Plaintiff avers that the grounds on which the action is based are:
A. Section 3301 (c) Mutual Consent No-Fault: The marriage is irretrievabl
B. Section 3301 (d) Non-Consent No-Fault: The marriage is irretrievabl broken
and the parties are now living separate and apart. Once the parties h ve lived
separate and apart for a period of two years, Plaintiff will submit an ffidavit
alleging that the parties have lived separate and apart for at least two (2)
years and that the marriage is irretrievably broken.
9. Plaintiff requests the Court to enter a decree of divorce.
WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in ivorce,
divorcing the Plaintiff and Defendant.
COUNT II
EQUITABLE DISTRIBUTION
10. Paragraphs 1 through 9 are incorporated by reference hereto as fully as th
same were set forth at length.
11. Plaintiff and Defendant have acquired property, both real and personal, and i curred
debts during their marriage during the period from July 18, 1985, the date of their
marriage, until the date of their separation, all of which are "marital prop rty" or
"marital debts".
12. Plaintiff and/or Defendant have acquired, prior to the marriage or sub equent
thereto, "non-marital property" which has increased in value since the ate of
marriage and/ or subsequent to its acquisition during the marriage, which i crease
in value is "marital property".
13. Plaintiff and Defendant have been unable to agree as to an equitable divisio of the
marital property and marital debts as of the date of the filing of this Comp aint.
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WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital
property and debts of the parties.
Respectfully submitted,
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VERIFICATION
KIM D. JOHNS verifies that the statements made in this Complaint are t ue and
correct. KIM D. JOHNS understands that false statements herein are made subje t to the
penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authoriti s.
0-~ ~) 9'/fiJ
KIM D. JOHNS
Date:
-5-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KIM D. JOHNS,
Plaintiff NO. 05-2214
V. CIVIL ACTION - LAW
THOMAS T. JOHNS,
DIVORCE
Defendant
ACCEPTANCE OF SERVICE
I, Thomas T. Johns, the Defendant in the above captioned action, hereby accept
service of the Complaint duly endorsed with a Notice to Plead, which Endorsed Complaint
was filed in the above captioned matter on April 29, 2005.
Date: 0 ' O's -
T OMAS T. JOHN
60 Hoover Road
Carlisle, PA 17013
Yet
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KIM D. JOHNS,
Plaintiff NO. 05-2214
V. CIVIL ACTION - LAW
THOMAS T. JOHNS, DIVORCE
Defendant
MARITAL AGREEMENT
BETWEEN
THOMAS T. JOHNS
AND
KIM D. JOHNS
TABLE OF CONTENTS
INTRODUCTION ................................................................ 1
SECTION I
General Provisions ............................................................. 1
SECTION II
Distribution of Property and Debts ........................................... 6
SECTION III
Counsel Fees and Support ...................................................... 11
SECTION IV
Closing Provisions and Execution ............................................ 12
NOTARY .......................................................................... 14
INTRODUCTION
THIS AGREEMENT made this 23'2day of Au4us i , 2005, by and between KIM D.
JOHNS, of 60 Hoover Road, Carlisle, PA 17013, ("Wife"), and THOMAS T. JOHNS, of 330 Charles
Road, Mechanicsburg, PA 17055, ("Husband") .
WITNESETH:
WHEREAS, the parties hereto are husband and wife, having been married on July 18,
1985 in Cumberland County, Pennsylvania, and were separated on April 24, 2005 (in house) and
on May 3, 2005 (physical).
WHEREAS, The parties are the parents of two (2) children: Nicole A. Johns, born April
11, 1990, and Amanda D. Johns, born May 21, 1998, (the "Children").
WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen
between the parties and it is the intention of Husband and Wife to live separate and apart for
the rest of their natural lives, and the parties hereto are desirous of settling fully and finally
their respective financial and property rights and obligations as between each other including,
without limitation by specification: the settling of all matters between them relating to the
ownership and equitable distribution of real and personal property; the settling of all matters
between them relating to the past, present and future support, alimony and/or maintenance
of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and
possible claims by one against the other or against their respective estates.
NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and
undertakings hereinafter set forth and for other good and valuable consideration, receipt of
which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending
to be legally bound hereby, covenant and agree as follows:
SECTION I
GENERAL PROVISIONS
1.01. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this
Agreement are incorporated herein and made a part hereof as if fully set forth in the
body of the Agreement.
1.02. DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken
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and that they will secure a mutual consent no-fault Divorce Decree in the above
captioned divorce action. Upon the execution of this Agreement, or as soon as possible
under the terms of said Divorce Code if said documents can not be signed upon the
execution of this Agreement, the parties shall execute and deliver to Wife's attorney
their respective Affidavits of Consent and Waivers of Notice. Within five (5) business
days of receipt of those signed Affidavits and Waivers, Wife's attorney will file all the
remaining documents necessary to secure the entry of the Divorce Decree at Wife sole
cost and expense.
If either party has filed a counterclaim, counter-affidavit, or any claim for economic
relief, he or she agrees that any such claims have been fully resolved by virtue of this
Agreement, and he or she shall withdraw any such claims and, if necessary, shall take
such further steps as may be necessary to allow for a prompt finalization of any divorce
action between the parties.
1.03. EFFECT OF DIVORCE DECREE INCORPORATION AND MERGER. The terms of this
Agreement shall be incorporated into any Divorce Decree which may be entered with
respect to them. This Agreement shall not, however, merge with the Divorce Decree,
but rather, it shall continue to have independent contractual significance and each party
shall maintain their contractual remedies as well as Court remedies as the result of the
aforesaid incorporation or as otherwise provided by law or statute. This Agreement shall
continue in full force and effect after such time as a final Decree in Divorce may be
entered with respect to the parties.
1.04. DATES. The "date of execution", "execution date" or "date of this Agreement" shall be
defined as the date of execution by the party last executing this Agreement.
1.05. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been
fully explained to the parties by their respective counsel, Paul J. Esposito, Esquire for
Husband, and Diane G. Radcliff, Esquire, for Wife. The parties acknowledge that they
have received independent legal advice from their said counsel and that they fully
understand th e facts and have been fully informed as to their legal rights and
obligations. They acknowledge and accept that this Agreement is, under the
circumstances, fair and equitable and that it is being entered into freely and voluntarily
after having received such advice and with such knowledge, and that execution of this
Agreement is not the result of any duress or undue influence and that it is not the result
of any collusion or improper or illegal agreement or agreements.
1.06. FINANCIAL DISCLOSURE. The parties confirm and acknowledge that there has been a
full and fair disclosure of the parties' marital assets and debts and the parties' respective
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incomes, which has been provided to each party by the other party..
1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS . Each party understands that he
or she has the right: (1) to obtain from the other party a complete inventory or list of
all of the property that either or both parties own at this time or owned as of the date
of separation; (2) to have all such property valued by means of appraisals or otherwise;
(3) to compulsory discovery to assist in the discovery and verification of facts relevant
to their respective rights and obligations, including the right to question the other party
under oath; and (4) to have a Court hold hearings and make decisions on the matters
covered by this Agreement, which Court decision concerning the parties' respective
rights and obligations might be different from the provisions of this Agreement. Given
said understanding and acknowledgment, both parties hereby waive the foregoing
procedural rights.
1.08. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not
be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations
contained herein. In the event a party files such bankruptcy and pursuant thereto
obtains a discharge of any obligations assumed hereunder, the other party shall have the
right, but not the obligation, to declare this Agreement to be null and void and to
terminate this Agreement in which event the division of the parties' marital assets and
all other rights determined by this Agreement shall be subject to Court determination
the same as if this Agreement had never been executed by the parties.
1.09. MUTUAL RELEASES. Except as otherwise expressly provided in this Agreement, Husband
and Wife each do hereby mutually remise, release, quitclaim and forever discharge the
other and the estate of such other, for all time to come, and for all purposes
whatsoever, of and from the following:
A. Claims Against Property or Estate: Any and all right, title, interest and/or claims
in or against the other party, the property (including income and gain from
property hereafter accruing) of the other or against the estate of such other, of
whatever nature and wheresoever situate, which he or she now has or at any time
hereafter may have against such other party, the estate of such other party or the
property of the other party or any part thereof, whether arising out of any former
acts, contracts, engagements or liabilities of such other.
B. Life Time Conveyances: The right to treat a lifetime conveyance by the other as
testamentary, or all other rights of a surviving spouse to participate in a deceased
spouse's estate, whether arising under the laws of (i) the Commonwealth of
Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii)
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any other country;
C. Marital Rights: Any rights which either party may have or at any time hereafter
have for past, present or future support or maintenance, alimony, alimony
pendente lite, counsel fees, equitable distribution, costs or expenses, whether
arising as a result of the marital relation or otherwise.
D. Breach Exception: The foregoing shall not apply to all rights and agreements and
obligations of whatsoever nature arising or which may arise under this Agreement
or for the breach of any provision thereof. It is the intention of Husband and Wife
to give to each other by the execution of this Agreement a full, complete and
general release with respect to any and all property of any kind or nature, real,
personal or mixed, which the other now owns or may hereafter acquire, except
and only except, all rights and agreements and obligations of whatsoever nature
arising or which may arise under this Agreement or for the breach of any
provisions thereof.
1.10. WAIVER OR MODIFICATION. No modification or waiver of any of the terms hereof shall
be valid unless in writing and signed by both parties and no waiver of any breach hereof
or default hereunder shall be deemed a waiver of any subsequent default of the same
or similar nature.
1.11. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter,
and within five (5) business days of request , take any and all steps and execute,
acknowledge and deliver to the other party, any and all further instruments and/or
documents that the other party may reasonably require for the purpose of giving full
force and effect to the provisions of this Agreement.
1.12. 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.
1.13. INTEGRATION. This Agreement constitutes the entire understanding of the parties and
supersedes any and all prior agreements and negotiations between them. There are no
representations or warranties other than those expressly set forth herein.
1.14. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations
owed to or for the benefit of the other party and/or otherwise breaches the terms of this
Agreement, then the other party shall have the following rights and remedies:
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A. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of
the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights
and remedies that may hereafter be enacted by virtue of the amendment of said
statute or replacement thereof by any other similar laws.
B. Damages: The right to damages arising out of breach of the terms of this
Agreement, which damages shall include reimbursement of all reasonable
attorney's fees and costs incurred as the result of the breach and in bringing the
damage action.
C. Other Remedies: Any other remedies provided for in law or in equity.
D. Considerations for Reasonable Attorneys Fees: Any award of "reasonable
attorneys fees" as used in this paragraph shall be based on consideration of (1)
the hourly rate charged; (2) the services rendered; and (3) the necessity of the
services rendered. Determination of reasonableness shalt not take into
consideration the amount or nature of the obligation sought to be enforced or any
possibility of settlement for less than the obligation sought to be enforced by the
non-breaching party.
E. Breach Notice: In the event of an alleged breach of any term of this Agreement,
the aggrieved party shall provide written notice to the breaching party and his or
her counsel of his or her intent to take action to enforce his or her rights under
the Agreement. The breaching party shall have a period of fifteen (15) days from
the mailing of such notice to cure the alleged breach prior to the institution of
any proceedings of any nature for enforcement of this Agreement.
1.15. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the
following shall apply:
A. Prior Returns: The parties have heretofore filed joint federal and state returns.
Both parties agree that in the event any deficiency in federal, state or local
income tax is proposed, or any assessment of any such tax is made against either
of them arising out of such joint filing, each will be responsible for payment of
half of such tax and any interest, penalty or other expense arising therefrom and
shall indemnify and hold harmless the other from and against any loss or liability
as a result thereof.
B. Current Returns: The parties shall file individual tax returns for the current tax
year and for every tax year hereafter.
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C. Dependency Exemptions. As long as the children reside primarily with Wife, Wife
shall be entitled to claim the dependency exemption for the Children, on her
applicable tax returns and Husband shall refrain from claiming such dependency
exemptions on his applicable tax returns.
D. Preservation of Records. Each party will keep and preserve for a period of three
(3) years from the date of their divorce all financial records relating to the
marital estate, and each party will allow the other party access to those records
as may be reasonably necessary from time to time.
1.16. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even
if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a
reconciliation. This Agreement shall continue in full force and effect and there shall be
no modification or waiver of any of the terms hereof unless the parties, in writing,
signed by both parties, execute a statement declaring this Agreement or any term of this
Agreement to be null and void.
SECTION II
DISTRIBUTION OF PROPERTY
2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of
all property and debts set forth in this Agreement is equitable and in the event an action
in divorce has been or is hereafter commenced, both parties waive and relinquish the
right to divide and distribute their assets and debts in any manner not consistent with
the terms set forth herein and further waive and relinquish the right to have the Court
equitably divide and distribute their marital assets and debts. It is further the intent,
understanding and agreement of the parties that this Agreement is a full, final, complete
and equitable property division.
2.02. DISTRIBUTION OF PROPERTY AND DEBTS TO WIFE. The following marital assets and
debts are and shall be distributed to wife as her sole and separate property and/or as
her sole and separate liability and obligation:
A. Wife's Personal Property: All items of personal property in the possession of Wife,
not otherwise distributed herein.
B. Wife's Vehicle(s)and Vehicle Loan(s): Any vehicle titled in Wife's sole name, or
the sale proceeds from the sale or trade in value thereof, and any vehicle loans
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for the purchase of said vehicles.
C. Wife's Accounts: Any funds previously received by Wife from the Jt. Members
First Account (Wife primary) and the Jt. Members 1St Account (Husband primary)
and any accounts currently held in Wife's sole name.
D. Wife's Investments: None.
E. Wife's Life Insurance: None
F. Wife's Retirement Plans: Wife's CSRS Retirement Plan.
G. Real Estate: The jointly owned real estate known and numbered as 60 Hoover
Road, Carlisle, PA 17013, ("the Real Estate"), encumbered with a 1St mortgage
owed to HFC and a home equity loan owed to HFC, ("the Mortgages"), subject to
the following:
1. Exclusive Possession: Wife shall have the sole right of exclusive
occupancy and possession of the Real Estate.
2. Conveyance: Husband shall make, execute and deliver all documents in
the usual form conveying, transferring and granting to Wife all of Husband's
right, title and interest in and to the Real Estate. The deed of conveyance
therefor shall be executed by Husband at the signing of this Agreement and
held in escrow by Husband's attorney's pending the refinance set forth
below, at which time the deed shall be delivered to Wife for recording.
3. Liens. Encumbrances and Expenses: The said conveyance shall be subject
to all liens and encumbrances covenants and restrictions of record
including, but not limited to, the lien of the Mortgages, real estate taxes
and any other municipal liens. Wife shall hereinafter be solely responsible
for the payment of the Mortgages, real estate taxes, other municipal liens
and any and all other expenses associated with the Real Estate, whether
incurred in the past, present or future, and shall indemnify, protect and
save Husband harmless therefrom.
4. Refinance: Wife shall apply for refinancing/ assumption of the Mortgages
within sixty (60) days of the date of this Agreement so as to release
Husband from further liability thereunder. The costs of refinancing or
assumption shall be paid by Wife. If Wife does not obtain that refinancing
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or assumption, then she will apply every two (2) years thereafter until
either she secures a refinancing or assumption of the Mortgages.
H. Wife's Debts: Wife shall be solely liable for and shall timely pay the following
debts:
1. The following specific credit card accounts in Wife's sole name: Members
1St PSL; AFGE; QVC; Bon Ton; Lerner; Victoria Secrets; Good's Furniture
and JC Penney.
2. Any other debts or liabilities incurred in her individual name.
2.03. DISTRIBUTION OF PROPERTY AND DEBTS TO HUSBAND. The following marital assets
and debts are and shall be distributed to Husband as his sole and separate property
and/or as his sole and separate liability and obligation:
A. Husband's Personal Property: All items of personal property in the possession of
Husband, not otherwise distributed herein.
B. Husband's Vehicle(s)and Vehicle Loan(s): The 1996 Dodge Intrepid, the 2005
Chrysler Town Et Country minivan and any other vehicle titled in Husband's sole
name, or the sale proceeds from the sale or trade in value thereof, and any
vehicle loans for the purchase of said vehicles, including, but not limited to loan
for the Chrysler minivan.
C. Husband's Accounts: Any funds previously received by Husband from the Jt.
Members First Account (Wife primary) and the Jt. Members 1St Account (Husband
primary) and any accounts currently held in Husband's sole name.
D. Husband's Investments: None.
E. Husband's Life Insurance: None.
F. Husband's Retirement Plans: Husband's CSRS retirement plan and Husband's
TSP.
G. Real Estate: None
H. Husband's Debts: Husband shall be solely liable for and shall timely pay the
following debts:
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I. The following specific credit card accounts in Husband's sole name:
Capitol One; Bank of America; Bank of America; Household Bank; CitiBank;
Bank One; PNC Bank; Sears; Discover; Lowes; Home Depot; Citgo; Texaco;
and Exxon.
2. Any debts or liabilities incurred in his individual name.
2.04. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provisions
shall apply to the distribution of the parties' marital assets and debts:
A. Final Equitable Distribution of Property: The division and distribution of all
property and debts set forth in this Agreement is equitable and in the event an
action in divorce has been or is hereafter commenced, both parties waive and
relinquish the right to divide and distribute their assets and debts in any manner
not consistent with the terms set forth herein and further waive and relinquish
the right to have the Court equitably divide and distribute their marital assets and
debts. It is further the intent, understanding and agreement of the parties that
this Agreement is a full, final, complete and equitable property division.
B. As Is Condition: Except as otherwise specifically herein provided, and with
respect to the transfer of any tangible assets provided for in this Marital
Agreement, the parties acknowledge that he or she have had the opportunity to
inspect and view the assets that he or she is to receive as his or her sole and
separate property and he or she is fully aware of the condition of such tangible
asset and is receiving those assets in "as is" physical condition, without warranty
or representation by or from the other party.
C. Title Transfer: If appropriate, for effectuating the transfers as herein provided,
those titles shall be executed and delivered to the appropriate party on the date
of this Agreement, unless another date is provided herein.
D. Waiver. Each of the parties specifically waives, releases, renounces and forever
abandons whatever right, title and interest they may have in any property that
is to become the sole and separate property of the other party pursuant to the
terms of this Agreement.
E. Liens: In the event any asset is subject to a lien or encumbrance the party
receiving the asset as his or her property shall take it subject to said lien and/or
encumbrance and shall be solely responsible and liable therefor.
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F. Debt Balances and Prior Payments: Any debt herein described shall be deemed
to include the current balance owed on the debt. Unless otherwise herein
specifically provided, there shall be no adjustment in the distribution provisions
for the payment of any portion of the marital debts prior to the execution of this
Marital Agreement, whether or not that debt or the prior payment thereof is
specifically referenced in this Paragraph, said payment having been taken into
consideration in determining the distribution of marital assets and debts herein
provided.
G. Indemnification: Any party assuming an obligation pursuant to the terms of this
Agreement shalt indemnify, protect and hold the other party harmless from and
against all any and all liability thereunder, including, but not limited to, any
attorney's fees and costs incurred by the other party as the result of defending
against the obligation and/or enforcing the provisions of this indemnification.
H. Cancellation of Joint Debts: Any joint debt shall be canceled so that neither
party can make any further charges thereunder, and if said charges are made in
violation of this Agreement, then the party incurring said charge shall
immediately repay the same.
1. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the
sole responsibility of the party who has incurred or may hereafter incur it, and the
party incurring or having incurred said debt shall pay it as it becomes due and
payable.
J. No Further Joint Debt: From the date of this Agreement, each party shall only
use those credit accounts or incur such further obligations for which that party is
individually and solely liable and the parties shall cooperate in closing any
remaining accounts which provide for joint liability.
K. No Additional Debt: Each party represents and warrants to the other party that
since the separation he or she has not, and in the future he or she will not,
contract or incur any debt or liability for which the other party or the other party
or the other party's estate might be responsible.
L. Refinance: In the event a party is assuming a liability for which the parties are
jointly liable, that party shall refinance the same within sixty (60) days of the
date of this Agreement so as to release the other party from any and all liability
thereunder.
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SECTION III
COUNSEL FEES AND SUPPORT
3.01. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right
and/or claim each may have, both now and in the future, against the other for counsel
fees, costs and expenses.
3.02. ALIMONY. APL, AND SUPPORT. The parties hereto agree and do hereby waive any right
and/or claim they may have, both now and in the future, against the other for alimony,
alimony pendente lite, spousal support and maintenance.
3.03. CUSTODY. The parties shall share legal custody of the Children. Pursuant thereto, aach
parent shall have an equal right, to be exercised jointly with the other parent, to make
all major non-emergency decisions affecting the Children's general well-being including,
but not limited to, all decisions regarding their health, education, religion and financial
care. Pursuant to the terms of PA. C.S. §5309, each Parent shall be entitled to all
records and information pertaining to the Child including, but not limited to, medical,
dental, religious or school records, the residence address of the Child and of the other
parent. The Children shall live primarily with Wife. Husband shall have liberal rights
of partial custody of the Children at such times as the parties shall mutually agree. Wife
shall not unreasonable interfere with Husband's right to see and have partial custody of
the Children on a regular and frequent basis.
3.04. CHILD SUPPORT. Wife waives the right to receive child support from Husband, and
Husband shall not be required to pay child support to Wife. Wife shall provide and pay
for the day care for the Children, and Husband shall not be required to make any
financial contribution therefor. With regard to the waiver of child support the parties
further agree as follows:
The parties hereby acknowledge that Wife currently earns approximately $66,000
per year and Husband earns approximately $35,000 per year. The parties further
acknowledge that Husband could have applied to the Court for spousal support
alimony pendente lite and/or alimony. Husband, by virtue of this Agreement, is
waiving his right to spousal support, alimony pendente lite and alimony, in return,
in part, for Wife's agreement to waive any right she may have or ever will have
for child support from Husband. Wife specifically acknowledges that, in return
for her waiver of the right to seek child support, Husband is, in fact, relinquishing
the right to spousal support and/or alimony pendente lite and/or alimony.
The parties further acknowledge that, by the terms of this Agreement, Wife is
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receiving a substantially greater portion of the parties' marital estate than is
Husband. Husband has opted, which Wife specifically recognizes, to accept a
share of the marital assets substantially less than he would other have received,
in lieu of his provision of child support payments.
Wife further acknowledges that she is fully capable of adequately providing for
all of the needs of the children without any contribution from Husband and fully
anticipates being equally capable of doing so until the children reach age 18 or
graduate from high school, whichever later occurs.
In the event Wife files for and obtains an order of child support against Husband,
Husband shll have the right, exercisable at his option, to declare this entire
Agreement to be null and void and to terminate this Agreement, in which event
the division of the parties' marital assets and all other rights determined by this
Agreement shall be subject to Court determination the same as if this Agreement
had never been executed by the parties.
3.05. HEALTH INSURANCE: Wife shall provide health insurance coverage for the children at
her sole expense, and Husband shall not be responsible to provide such coverage or make
any financial contribution therefor.
3.06. MEDICAL AND DENTAL EXPENSES: Wife will pay for all medical expenses, as that term
is defined by the Pennsylvania Support Guidelines, for the Children that are not covered
and paid for by insurance, and Husband shall not be required to make any financial
contribution therefor.
SECTION IV
CLOSING PROVISIONS AND EXECUTION
4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall
be deemed to be an original, but all of which shall constitute one and the same
agreement.
4.02. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile
signatures hereto.
4.03. BINDING EFFECT. By signing this agreement, each party acknowledges having read and
understood the entire agreement, and each party acknowledges that the provisions of
-12-
this agreement shall be as binding upon the parties as if they were ordered by the Court
after a full hearing.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed
sealed and acknowledged this Agreement the day and year below written, which Agreement has
been executed in various counterparts, each of which shall constitute an original.
WITNESS:
r
_ (SEAL)
t THOMAS T. JOH
Date: 8/9,3103
(SEAL)
KIM 'D. JOHNS
v S?
Date: A//'q
-13-
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF JJ(? ?[Ant -
On this the oZ3?day of !yu , 2005, before me the undersigned officer,
personally appeared, THOMAS T. JOHNS, 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 WITNESS WHEREOF, I hereunto set my hand and notarial seal.
NO Y PUBLIC
My Commission Expires:
Notarial Seal
S* A Marsh, Notary Public
City Of Harrisburg, Datrpftin County
My Commission Expires Sept 17,2M
COMMONWEALTH OF PENNSYLVANIA Mernber,Pennsyl- NaAss«?ahonOlNolades
SS.
COUNTY OF CUMBERLAND
On this the day of ?.? , 2005, before me the undersigned officer,
personally appeared, KIM D. JOH ,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 notarial seal.
NOTARY PUBLIC
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
Notarial Sea;
Deborah L. Donley, Notary Public
Camp HUH Boro, Cumberland County
My Commission Expires Sept 23,2W7
Member, Pannsylvania Association Of Notaries
-14-
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KIM D. JOHNS,
Plaintiff NO. 05-2214
V. CIVIL ACTION - LAW
THOMAS T. JOHNS, DIVORCE
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April
29, 2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
Dated: 4t/'y L- ' 0
??
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KIM D. JOHNS,
Plaintiff NO. 05-2214
V. CIVIL ACTION - LAW
THOMAS T. JOHNS, DIVORCE
Defendant
WAIVER CF NOTICE OF INTENTION TO RE UEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree in 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 Waiver are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating
to unsworn falsification to authorities.
Dated: ?, C
;.-_,
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s::? -ri'?:-'r
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KIM D. JOHNS,
Plaintiff NO. 05-2214
V. : CIVIL ACTION - LAW
THOMAS T. JOHNS, DIVORCE
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April
29, 2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
Dated: DS
THOMAS T. ENDANT
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KIM D. JOHNS,
Plaintiff NO. 05-2214
V. CIVIL ACTION - LAW
THOMAS T. JOHNS, DIVORCE
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 in 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 Waiver are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating
to unsworn falsification to authorities.
r _ „T
Dated:
THOMAS T. JOr, DEFENDA147---
_.., - ? ,}
?_:..: ..
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KIM D. JOHNS,
Plaintiff NO. 05-2214
V. CIVIL ACTION - LAW
THOMAS T. JOHNS, DIVORCE
Defendant
PRAECIPE OF TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the court for entry of a divorce decree:
1. GROUND FOR DIVORCE:
Irretrievable breakdown under Section 3301(c) of the Divorce Code.
2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT:
a. Date of filing of Complaint: 4/29/05
b. Manner of service of Complaint: 4/29/05
C. Date of Service of Complaint: Defendant's Acceptance of Service
3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE
DIVORCE CODE:
a. Plaintiff: 8/1/05
b. Defendant: 8/23/05
OR
DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301(D) OF THE DIVORCE
CODE AND DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON THE DEFENDANT:
a. Date of Execution: N/A
b. Date of Filine: N/A
C. Date of Service: N/A
4. RELATED CLAIMS PENDING:
No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated
August 23, 2005, which Agreement is to be incorporated into but not merged with the Divorce Decree.
5. DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT
RECORD, A COPY OF WHICH IS ATTACHED, IF THE DECREE IS TO BE ENTERED UNDER SECTION
3301(D)(1)(1) OF THE DIVORCE CODE:
a. Date of Service: N/A
b. Manner of Service: N/A
OR
DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY:
a. Plaintiff's Waiver: August 29, 2005
b. Defendant's Waiver: August 29, 2005
DCLIFF, ESQ41,RE
448 Trin Road
, PA 17011
Supreme Court ID # 32112
Phone: (717) 737-0100
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
PENNA.
KIM D.
JOHNS,
Plaintiff
No.
CIVIL TERM
05-2214
VERSUS
THOMAS T. JOHNS,
Defendant
DECREE IN
DIVORCE
AND NOW,
~,,~ ,-,c,J
, 2005
, IT IS ORDERED AND
s
DECREED THAT
KIM D. JOHNS
, PLAINTIFF,
AND
THOMAS T. JOHNS
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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PROTHONOTARY .
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++.+++++++++++++:+++ ++++++ ++++++++ ++++++
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;
All issues have been resolved and settled by
of record and
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