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HomeMy WebLinkAbout05-3111 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNA. STATE OF CAROLYN S. JOHNSON PLAINTIFF VERSUS TIMOTHY J. JOHNSON DEFENDANT . . . . . . . AND NOW, DECREED THAT AND No. 05-3111 DECREE IN DIVORCE . ~" ~ f():(oA~ ' ,}ell. , IT tS ORDERED AND CAROLYN S. JOHNSON , PLAINTIFF, TIMOTHY J. JOHNSON , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRtMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHtCH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHtCH A FINAL ORDER HAS NOT YET BEEN ENTERED; . The terms of the Marriaqe Settlement Aqreement are hereby incor orated but . . . the final Divorce Decree. ATTEST: J. . PROTHONOTARY \ "JtJ'~ ~ ')J.?"b ~ 5p ?- ~ I.W -f"'? 'Il' 1b > . . - .. :' ~ '" . .' ~', ., _..........' ...., ,.,;' -. , . . u CAROLYN S. JOHNSON, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : NO. O.!5~-.3 /11 ~J~ TIMOTHY D. JOHNSON, Defendant. : CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown ofthe marriage, you may request counseling. A list of marriage counselors is available in the Office of the Prothonotary, at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYERS' 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 OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PAl 70 I 3 (717) 240-6200 I GERALD S. ROBINSON, ESQUIRE Robinson & Geraldo Sup. Ct. I.D. No. 27432 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax grobinson@robinson-geraIdo.com Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3J If CAROLYN S. JOHNSON, v. TIMOTHY D. JOHNSON, Defendant. CIVIL ACTION- DIVORCE COMPLAINT IN DIVORCE COUNT I (Divorce Under Section 3301 of the Divorce Code) 1. Plaintiff is Carolyn S. Johnson, who currently resides at 28 Koser Lane, Shippensburg, Cumberland County, P A. 2. Defendant is Timothy D. Johnson, who currently resides at 28 Koser Lane, Shippensburg, Cumberland County, P A. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The parties were married on the 24 of December, 1987, at Lewisberry, Pennsylvania. 2 5. Defendant has offered such indignifies to Plaintiff (who is the innocent and injured spouse) as to render Plaintiffs condition intolerable and life burdensome. 6. Neither Party is a member of the Armed Forces of the United States or any of its allies. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. The Plaintiff has been advised of the availability of counseling and that either Party may compel the other by Order of Court to attend counseling sessions. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter a Decree in Divorce. COUNT 11- EOUlTABLE DISTRIBUTION 9. Plaintiff incorporates by reference paragraphs I through 8 of the Complaint for Divorce as fully set forth herein. 10. During the marriage, Plaintiff and Defendant have acquired various items of marital property, which are subject to equitable distribution under Section 3502 of the Pennsylvania Divorce Code of 1980, as will be fully set forth in the Plaintiff's Inventory and Appraisement to be filed pursuant to the Pennsylvania Rules of Civil Procedure 3 11. Plaintiff and Defendant have been unable to agree as to an equitable division of marital property. WHEREFORE, plaintiff respectfully requests your honorable Court to equitably divide all marital property. COUNT III - EXCLUSIVE POSSESSION OF MARITAL RESIDENCE 12. Plaintiff incorporates by reference paragraphs 1 through 11 of the Complaint for Divorce as fully set forth herein. 13. Defendant's presence in the marital residence will be disruptive to the entire family as a whole. WHEREFORE, plaintiff respectfully requests the Court grant an Order for exclusive possession of the marital residence to Plaintiff. COUNT IV - ALIMONY AND ALIMONY PENDENTE LITE 14. Plaintiff incorporates by reference paragraphs 1 through 13 of the Complaint for Divorce as fully set forth herein. 15. Plaintiff is unable to sustain herseIfi'himself during the course of litigation. 4 16. PIainfifflacks sufficient property to provide for herlhis reasonable needs and is unable to sustain herselfi'himseIfthrough appropriate employment. WHEREFORE, Plaintiff requests the Court to enter an award of spousal support and/or alimony pendente lite until the final hearing and thereupon to enter an order of alimony in herlhis favor pursuant to 99 3701(a) and 3702 of the Divorce Code. COUNT V--CUSTODY 17. The PIainfiff incorporates by reference Paragraphs I through 16 of the Complaint for Divorce as fully set forth herein. 18. There were two (2) children born during this marriage that are still minors, to wit: Corbyn W. C. Johnson, born July 29,1991; and Madyson A.T. Johnson, born January 8,1997. 19. During the past five (5) years, the children have resided with the following persons and at the following addresses: Person(s) Address Timothy & Carolyn Johnson 28 Koser Lane, Shippensburg Dates Past 5 years 20. The Court of Common Pleas of Cumberland County, Pennsylvania, Family Division, has fhe sole and exclusive jurisdiction in this matter, pursuant to the Uniform Child Cusfody Jurisdiction Act, and the CommonweaIfh Child Custody Jurisdiction Act for the following reasons: 5 a) Cumberland Counfy, Pennsylvania, has been the children's home county within six (6) months before the commencement of the instant proceedings. b) It is in the best interest and welfare of the children that the Court of Common Pleas of Cumberland County, Pennsylvania, assume jurisdiction because the children have a significant connection with this jurisdiction, and there is available in fhis jurisdiction substantial evidence concerning the children's present or future care, protection, training and personal relationships. c) No other state has jurisdiction in this matter under the requirements of the Uniform Child Custody Jurisdiction Act and the Commonwealth Child Custody Jurisdiction Act. 21. The Plaintiff has not participated in any capacity whatsoever in any other litigation concerning the custody of the minor children in this or any other state. 22. The Plaintiff does not know if any other person than the Defendant herein claims to have custody or partial custody rights with the minor children. 23. The Plaintiff submits that it is in the best interest and welfare of the children that the Plainfiffbe granted custody of the children, and that the Plaintiff can best provide the minor children with a more stable, healthful, religious, and proper environment. 6 WHEREFORE, Plaintiff prays that the Honorable Court grant custody of the minor children of the Parties to Plaintiff. Respectfully submitted, ROBINSON & GERALDO Date: ..s /31/05 ~~ By: ~ Gerald S. Robinson, Esquire Attorney for Plaintiff 7 VERIFICATION I verify that the statements made in this COMPLAINT FOR DIVORCE 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. ~s Carolyn S. J hnson oo-evVVJ (fY) . 8 CERTIFICATE OF SERVICE I, Jennie R. Kelley, do hereby certify that on the 31 st day of May, 2005, I caused a true and correct copy of the Order to be served upon the following individual by certified mail restricted delivery, postage prepaid, in Harrisburg, Pennsylvania. Timothy D. Johnson 28 Koser Lane Shippensburg, P A 17252 Respectfully submitted, ROBINSON & GERALDO BY06~ /;7(~ Jennie R. Kelley, Paralegal 4407 North Front Street P.O. Box 5320 Harrisburg, P A 17110 (717) 232-8525 ~C\ --- CL \' 0, 0~ ~ iN 0 ~ l" ~ '" (' <v ~' C. L..l \J " , (,). Ol ~ ~ () ~ (',: C,.' ~ "11 <:: +~ 2: ';~I '-,-J :.;;~~ -;-, ~ <n ?~ -.... S~: ~ ( ~ :::-J0)~- ~ -, c.;1 - ~ ....:t~, ...... ~ ~ CJ \ \ 0', () "" t Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CAROLYN S. JOHNSON, v. NO. 05-3111 TIMOTHY D. JOHNSON, Defendant. CIVIL ACTION PROOF OF SERVICE The undersigned makes the following return of service: the Complaint in Divorce was served upon Timothy Johnson on June 25, 2005 at 28 Koser Lane, Shippensburg, Cumberland County, Pennsylvania by certified mail, restricted delivery. Thc: signed acceptance of service is attached hereto as Exhibit I. SIGNATURE AND AFFIDAVIT I, Gerald S. Robinson, Esquire, certify that I am a comp'~tent adult not a party to this action. I verify that the statements made in this affidavit and return of service 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 falsfication to authorities. Respectfully submitted, Dated: June 28, 2005 k By: ,. Gerald S. Robinson, Esquire Attorney l.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PelillsyIvania 17110-5320 (717) 232-8525 Attorney for Plaintiff . Complete items 1, 2. and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece. or on the front if space permits. 1. Article Addressed to: o Agent D Add...... DYes D No /I mo~ "D. TohnSon ~ '6 KOSi: R- i-A-hc:... S h I ~b.tr81 fA. I '7as~ 3. ~ice Type ACertlfied Mall CJ Express Mail o Registered )it , . ----'I"" .-. . .' _ [J Insured Mail 0 C.O.D. .. __ 00IWy? (&flII Fw} .... 2. / ( PS Form 3811 , March 2001 7001 1940 0004 1b8b 7581 Domestic Return Receipt 10259S-ot-M-1424 j I :L g ,..., ~ ~ -:;e ~i:'l'; ~ ~e! G'" '1' ti>.'.. N -o~ ~~; ...c 13 ,-"C' ..., ~..,.. "?O ~ -n :::ll: g_e 5;'.0 ,oN'. rf! (5 c ~ ~ ...c 0< GERALD S. ROBINSON, ESQUIRE Robinson & Geraldo Sup. Ct. LD. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax grobinson@robinson-geraldo.com CAROLYN S. JOHNSON, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff, v. : NO. 05-3111 TIMOTHY D. JOHNSON, Defendant. CIVIL ACTION - LAW IN DIVORCE PETITION FOR EMERGENCY RELIEF OF CUSTODY AND NOW comes the petifioner, Carolyn S. Johnson, by and through her undersigned counsel, Gerald S. Robinson and Robinson & Geraldo, and petitions this Court for emergency relief of custody as follows: 1. The parties in fhis mailer are husband and wife, having been married on December 24, 1987. 2. There were two (2) minor children born ofthe marriage, Corbyn W.e. 1 3. Petitioner is fhe natural mother of the said minor children. 4. Respondent is the natural father of the said minor children. 5. A divorce complaint including a count for custody was filed on June 16, 2005. A copy of said documenf is attached as Exhibit I. 6. Pefitioner believes that a situation exists that requires emergency relief due to the following: a. Respondent has recently been arrested by the Chambersburg State Police and charged with making terroristic threats to the Petitioner, specifically threatening to take her life; b. The minor children listed in this action were privy to such threats by Respondenf; c. One of the minor children in this action, Madyson A. T. Johnson, has been experiencing continued nightmares as a result of Respondent threatening Petitioner; d. Maydon A. T. Johnson witnessed Respondent grab a hold of Petitioner in a threatening manner; e. When Respondent was incarcerated due to fhe threats against the Petifioner, Respondent was placed on suicide watch; f. Petitioner is in the process of seeking a Protection From Abuse Order against Respondent; g. Petitioner fears Respondent will hann the minor children unless there is action taken by fhe Court. 7. It is in the best interest of the minor children fhat the Petitioner be granfed primary physical custody. 2 WHEREFORE, Petitioner respectfully requests this Honorable Court to grant her primary physical custody and to prohibit Respondent from having unsupervised contact with fhe minor children. Respectfully Submitted, ROBINSON & GERALDO . \b~ Date: \\~ '\ 'J2WLcrJ~ By: G~rald S. Robinson, Esquire Attorney for Petitioner/Plaintiff 3 VERIFICATION I verify that the statements made in this Petition for Emergency Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Secfion 4904, relafing to unsworn falsification fo authorifies. c C'v 1/\..:)("1 CERTIFICATE OF SERVICE I, Jaime D. Wassmer, do hereby certifY that on the 11' day of NOIItmbty 2005, I caused a true and correct copy of the Petition for Emergency Relief for Custody to be served upon the following individuals by Certified Mail-Restricted Delivery by deposifing same in the United States, posfage prepaid, in Harrisburg, Pennsylvania. Timothy D. Johnson 28 Koser Lane Shippensburg, P A 17257 Respectfully submitted, ROBINSON & GERALDO ~ . Wassmer, Associate Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA r ~:'~ ~~.~ : NO. 05 - .3 / I I c..;.J.'.J~ CAROLYN S. JOHNSON, v. Cr", TIMOTHY D. JOHNSON, , , Defendant. , : CIVIL ACTION - LAW IN DIVORCE v:. I'.')." , C.," (J; NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by fhe court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request counseling. A list of marriage counselors is available in the Office of the Prothonotary, at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS' 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 OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Court Administrator th 4 Floor, Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 EXHIBIT I 1 GERALD S. ROBINSON, ESQUIRE Robinson & Geraldo Sup. Ct. l.D. No. 27432 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax grobinson@robinson-geraIdo.com Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV ANlA CAROLYN S. JOHNSON, v. NO. TIMOTHY D. JOHNSON, Defendant. CIVIL ACTION- DIVORCE COMPLAINT IN DIVORCE COUNT I (Divorce Under Section 3301 of the Divorce Code) I. Plaintiff is Carolyn S. Johnson, who currently resides at 28 Koser Lane, Shippensburg, Cumberland County, P A. 2. Defendanf is Timothy D. Johnson, who currently resides at 28 Koser Lane, Shippensburg, Cumberland County, PA. 3. Plaintiff has been a bona fide resident in the Commonwealth for at leasf six (6) months immediately previous to the filing of this Complaint. 4. The parties were married on fhe 24 of December, 1987, at Lewisberry, Pennsylvania. 2 5. Defendant has offered such indignities to Plaintiff (who is the innocent and injured spouse) as fo render Plaintiffs condition infolerable and life burdensome. 6. Neither Party is a member of the Armed Forces of the United Stafes or any of its allies. 7. There has been no prior action for divorce or annuImenf instituted by either of the parties in this or any other jurisdiction. 8. The Plaintiff has been advised of the avaiIabiIify of counseling and that either Party may compel the other by Order of Court to attend counseling sessions. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter a Decree in Divorce. COUNT 11- EOUIT ABLE DISTRIBUTION 9. Plaintiff incorporates by reference paragraphs I through 8 of the Complaint for Divorce as fully set forth herein. 10. During the marriage, Plaintiff and Defendant have acquired various items of marital property, which are subject to equitable distribution under Section 3502 of the Pennsylvania Divorce Code of 1980, as will be fully set forth in the Plaintiffs Inventory and Appraisemenf fo be filed pursuant to the Pennsylvania Rules of Civil Procedure 3 11. Plaintiff and Defendant have been unable fo agree as to an equitable division of marital property. WHEREFORE, plaintiff respecffully requests your honorable Court to equitably divide all marital property. COUNT III - EXCLUSIVE POSSESSION OF MARITAL RESIDENCE 12. Plaintiff incorporates by reference paragraphs I fhrough II of the Complainf for Divorce as fully set forth herein. 13. Defendanf's presence in the marifal residence will be disrupfive to the entire family as a whole. WHEREFORE, pIainfiff respectfully requesfs the Court grant an Order for exclusive possession of the marital residence fo Plainfiff. COUNT IV ALIMONY AND ALIMONY PENDENTE LITE 14. Plaintiff incorporates by reference paragraphs 1 through 13 of fhe Complaint for Divorce as fully set forth herein. 15. Plaintiff is unable to sustain herseWhimseIf during the course of litigation. 4 16. Plaintiff lacks sufficient property fo provide for herlhis reasonable needs and is unable to sustain herself/himself through appropriate employment. WHEREFORE, Plaintiff requests the Court to enfer an award of spousal support and/or alimony pendente lite until the final hearing and thereupon to enter an order of alimony in herlhis favor pursuant to ~~ 3701(a) and 3702 of the Divorce Code. COUNT V-CUSTODY 17. The Plaintiff incorporates by reference Paragraphs I through 16 of the Complaint for Divorce as fully set forth herein. 18. There were two (2) children born during this marriage that are still minors, to wit: Corbyn W. C. Johnson, born July 29,1991; and Madyson A.T. Johnson, born January 8,1997. 19. During the past five (5) years, the children have resided with the following persons and at the following addresses: Person( s) Address Dates Past 5 years Timofhy & Carolyn Johnson 28 Koser Lane, Shippensburg 20. The Court of Common Pleas of Cumberland County, Pennsylvania, Family Division, has fhe sole and exclusive jurisdiction in this matter, pursuant to fhe Unifonn Child Cusfody Jurisdicfion Act, and the Commonwealth Child Custody Jurisdiction Act for fhe following reasons: 5 a) Cumberland Counfy, Pennsylvania, has been the children's home county within six (6) months bcfore the commencement offhe insfant proceedings. b) It is in the best inferest and welfare of the children that the Court of Common Pleas of Cumberland County, Pennsylvania, assume jurisdiction because the children have a significant connection with this jurisdiction, and there is available in this jurisdiction substanfial evidence concerning fhe children's present or future care, profection, training and personal relationships. c) No other state has jurisdiction in this matter under the requiremenfs of the Uniform Child Custody Jurisdiction Act and the Commonwealth Child Custody Jurisdiction Act. 2 I. The Plaintiff has not participated in any capacity whatsoever in any other litigafion concerning the cusfody of the minor children in fhis or any other state. 22. The Plaintiff does not know if any other person than the Defendant herein claims to have custody or partial custody rights with the minor children. 23. The Plaintiff submits that it is in the best interest and welfare of the children that the Plaintiff be granted custody of the children, and that fhe Plaintiff can best provide the minor children with a more stable, healthful, religious, and proper environment. 6 WHEREFORE, Plaintiff prays that fhe Honorable Court granf cusfody ofthe minor children of the Parties to Plaintiff. RespecffulIy submitted, ROBINSON & GERALDO Date: S /31105 BY:~~~ Gerald S. Robinson, Esquire Attorney for PIainfiff 7 VERIFICATION I verifY that the statemenfs made in this COMPLAINT FOR DIVORCE are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relafing to unsworn falsification to authorities. CW\~ S O~0Crvl Carolyn S. J hnson 8 CERTIFICATE OF SERVICE I, Jennie R. Kelley, do hereby certify that on fhe 3151 day of May, 2005, I caused a frue and correct copy offhe Order to be served upon the following individual by certified mail restricted delivery, postage prepaid, in Harrisburg, Pennsylvania. Timothy D. Johnson 28 Koser Lane Shippensburg, P A 17252 Respectfully submitted, ROBINSON & GERALDO BYr: G.~~/...? /r7(~M~ Jennie R. Kelley, Paralegal (J , 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 )d G ~ ~ 1".- ~ ~ "- () ~ ~ D- o -n -u :'::J ....::( 0- r r~l~ '-'- --- p:- I rn ---- C:) ';J , , , ~ -n " "1', " ..;;:,;: .' Co) ;c. ;'Tl ..,j -I-.. :',,) ~~ ~'n -----..( .< '--_C"C~, ,C, " I TC--I'c)~ ;C_fA. \c...' !J CAROLYN S. JOHNSON, I IN THE COURT OF COMM CUMBERLAND COUNTY, Nnv 1 0 2005 N PLEAS ")-'. Plaintiff, v. : NO. 05-311 I TIMOTHY D. JOHNSON, Defendant. CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW this I' f4.. dayof !J~ , 2005, it is hereby ORDERED that Respondent is barred from having unsupervised contact with the minor children and Petition is awarded primary physical custody of the minor children pending a hearing scheduled for ~~ ~ ~ Joo~ at ~Al AM/PM, in Room No.,5 in the .. - Cumberland County Courthouse One Courthouse Square, Carlisle, Pennsylvania 17013. J. rO::~ /}\\\~ (/ 't- cP \\- \ ",0 '\0 ".' '\\" \",\ ~.'\\lV \., H-' \... \.." ,C' '::c\-\\.. -;:.0 r'~~;-:'..\ '-~~" (\ ~\ \\" ",\->",."J . . . , CAROLYN S. JOHNSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. TIMOTHY D. JOHNSON, Defendant NO. 05-3111 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of November, 2005, after conference with the parties, the Court enters the following Order which is meant to be temporary only and shall in no way affect the substantive rights of either party, nor be considered to be an indication of how we might rule after a full-blown hearing on the matter: 1. The parties shall have joint legal custody of their children, Corbyn W.C. Johnson, born July 29, 1991, and Madyson A.T. Johnson, born January 8, 1997. 2. Mother shall have primary physical custody of the children, subject to partial physical custody of the children in the Father every weekend from Friday at 7:00 p.m. until Sunday at 7:00 p.m. 3. Neither party shall discuss the marital situation in front of the children. Further, neither party shall say any disparaging remarks regarding the other party in front of the children. 4. The Court Administrator is directed to schedule this matter for conciliation at the earliest practical date. By the Edward E. Guido, J. ~:' 0 : 1 'IJ 2r~ I.eH ~iDD~~ " <1/ Jaime D. Wassmer, Esquire /' Robinson & Geraldo 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 ' For the Plaintiff srs ,-' II, ) ) . cs ('f,f--F '1~ ;tiS' , CAROLYN S. JOHNSON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-3111 CIVIL ACTION LAW TIMOTHY D. JOHNSON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, November 30,2005 , upon consideration of the attached Complaint, at~thJ'!oor,Cumberland County Courthouse, Carlisle__ on Friday, December 30, 2005 , the conciliator, at 8:30 AM it is hereby directed that parties and their respcctive counsel appear before Hubert X. Gilroy, Esq. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplishcd, to define and narrow the issues to be heard by the eourt, and to enter into a temporary order. All children age five or older may also be present at the eonference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties fa furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to fhe conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Hubert X. Gilroy, Esq. Custody Conciliator ~yW The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonablc accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing, YOU SHOULD TAKE THIS PAPER TO YOUR A TTORNEY AT ONCE. IF YOU DO NOT HA VE AN A TTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . rf -krV' II- - J"'VI" tJJ} 50' e: . k ~ ~ "'JM :;0'" ~ !lr t /if"""4?P? 505el r'" n .:"..t.,' ':' .d ('- - . . ~. "In'! ~i :', ,0U= e CAROLYN S. JOHNSON, Plaintiff /YJ)/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , L_. v. TIMOTHY D. JOHNSON, Defendant NO. 05-3111 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of November, 2005, after conference with the parties, the Court enters the following Order which is meant to be temporary only and shall in no way affect the substantive rights of either party, nor be considered to be an indication of how we might rule after a full-blown hearing on the matter: 1. The parties shall have joint legal custody of their children, Corbyn W.C. Johnson, born July 29, 1991, and Madyson A.T. Johnson, born January 8, 1997. 2. Mother shall have primary physical custody of the children, subject to partial physical custody of the children in the Father every weekend from Friday at 7:00 p.m. until Sunday at 7:00 p.m. 3. Neither party shall discuss the marital situation in front of the children. Further, neither party shall say any disparaging remarks regarding the other party in front of the children. 4. The Court Administrator is directed to schedule this matter for conciliation at the earliest practical date. By the Cour Edward E. Guido, J. ... - . -j /- Jaime D. Wassmer, Esquire Robinson & Geraldo 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 For the Plaintiff Timothy D. Johnson 28 Koser Lane Shippensburg, PA 17257 Defendant, Pro se Court Administrator v" srs . \1 ,I - I o CAROLYN S. JOHNSON, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. NO.05-3111 TIMOTHY D. JOHNSON, Defendant. CIVIL ACTION PROOF OF SERVICE The undersigned makes the following return of service: the Order for Custody Conciliation Conference was served upon Timothy Johnson on December 13,2005 at 28 Koser Lane, Shippensburg, Cumberland County, Pennsylvania. The signed acceptance of service is attached hereto as Exhibit I. SIGNATURE AND AFFIDA VII I, Jaime D. Wassmer, Esquire, certify that I am a competent adult not a party to this action. I verify that the statements made in this affidavit and return of service 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 falstication to authorities. Respectfully submitted, ROBINSON & GERALDO Dated: December 16, 2005 B~()..0y..,L J i eO. Wassmer, Esquire orney l.D. No. 200705 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Plaintiff I n---'---J II.: ... . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: II Wlat~]) Yohn,sDn ~J Kosel LA 1J~ Shl~~r?51 tit 17d5P. 3. rrice Type J!t Certified Mail 0 Express Mail o Registered j(,Aetum Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Dl3livery? (Extra Fee) DYes 2. 7001 1940 0004 1687 0086 PS Form 3811. March 2001 Domestic Return Receipt 102S9S-01-M-1424 EXHIBIT I ~ -OeD Ulil' ?1~~ Z,,... (jl.._:'" ::s ~,,;,-, r~ \,j :e:. 2;:0 ---0 'P-c ~ "'~) ~:~ ,,n o 1-q " o ':'~1 ..... -:T~ "'>1 \\'1-",':::0 __hi. ~~';9> ~- --, - \.C.\ --0 ~~;?l . 4-: ~:;-J :...;, r,J Ci-, IAN 0 'I LUUb rl . , CAROL YN S. JOHNSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v : NO. 05-3111 CIVIL ACTION - LAW TIMOTHY D. JOHNSON, Defendant IN CUSTODY COUllT ORDER AND NOW, this ,~ day of January, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 3 of the Cumberland coun~Courthouse on the J')~ day of F~ ' 2006, at I.>>() .m. At this hearing, the Mother shall be t e movmg party and shall proceed Imtially with testimony. Counsel for the parties, or the parties themselves if they do not have an attorney, shall file with the Court a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each party's position on the custody situation, a list of witnesses each party will call to testify, and a summary of anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's November 2I, 2005 Order shall remain in effect subject to the following modification: A. At times when Mother is working or otherwise unable to care for the children and the children are not in school, Mother shall make arrangements for Father to have the first option to provide daycare for the minor children. COURT, Edward E. Guido, Judge Cc: ~e D. Wassmer, Esquire . flr. Timothy D. Johnson \ i\ '\-1'....\ ;1,-, '0 ,_ '0 0; nvr IJOiJZ CAROLYN S. JOHNSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 05-3111 CIVIL ACTION - LAW TIMOTHY D. JOHNSON, Defendant IN CUSTODY Prior Judge: The Honorable Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent infonnation pertaining to the children who are the subject of this litigation is as follows: Corbyn W. C. Johnson, born July 29, 1991 Madyson A. T. Johnson, born January 8, 1997 2. A Conciliation Conference was held on December 30, 2005, with the following individuals in attendance: The Mother, Carolyn S. Johnson, with her counsel, Jaime D. Wassmer, Esquire The Father, Timothy D. Johnson, who appeared without counsel. 3. This matter went before Judge Guido for an infonnaI disposition in November at which time he entered a temporary Order giving the parties shared legal custody with Mother primary custody during the week and Father custody of the children on every weekend. The parties have been separated since October. Father is suggesting Madyson wants to come to live with him. Mother acknowledges that Madyson is making those suggestions on occasion, but also indicates that Madyson is sometimes suggesting she wants to live with Mom and other times merely indicates she wants to live with Dad so that she can be close to some of the friends in the neighborhood. Father resides in the martial home. 4. An agreement could not be reached, and the Conciliator recommends that the existing Order remain in place pending a hearing subject to some modifications as noted in the attached Order. Date: I, J - () ~ "7 RECEIVe,! fT~ ? 3 ?n'~ 'I CAROLYN S. JOHNSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA v NO. 05-3111 CIVIL ACTION - LAW TIMOTHY D. JOHNSON, Defendant IN CUSTODY COURT ORDER AND NOW, this J ~ ~ day of February, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The hearing scheduled in this case on February 22, 2006 at 1:00 p.m. is cancelled. 2. All prior Custody Orders in this case are vacated and replaced with the Order as set forth below. 3. The Mother, Carolyn S. Johnson, and the Father, Timothy D. Johnson, shall enjoy shared legal custody of Corbyn W. C. Johnson, born July 29, 1991, and Madyson A. T. Johnson, born January 8, 1997 4. The Mother shall enjoy primary physical custody of the minor children. 5. The Father shall enjoy periods of temporary physical custody of the minor children as follows: A. On alternating weekend from Friday at 7:00 p.m. until Sunday at 7:00 p.m. B. On the weekends the Father does not have custody, he shall enjoy custody of the minor children from Friday at 4:00 p.m. until 8:00 p.m. that evening, and if Mother is working on Sunday, he shall have custody on Sunday from approximately 9:00 a.m. until 3:30 p.m. C. At such other times as the parties may agree. 6. The Mother shall always have custody on Mother's Day, and the Father shall always have custody on Father's Day. Absent an agreement between the parties, the time on those days shall be from 9:00 a.m. until 7:00 p.m. ~ . . 7. The parties shall alternate holidays to include New Year's Day, Easter, Memorial Day, July 4'", and Labor Day. The times on the holidays shall be from 9:00 a.m. until 7:00 p.m., unless agreed otherwise by the parties. Mother shall start the alternating process with her having Easter 2006. 8. The Christmas holiday shall be split into two segments: Segment A shall be from December 24th at noon until December 25"' at noon; and Segment B shall be from December 25th at noon until December 26th at noon. The parties shall alternate those two Segments. The parties shall work out between themselves who shall have the Segment A and who shall have Segment B starting in 2006. 9. The Thanksgiving holiday shall be handled in two segments, being from 9:00 a.m. until 3:00 p.m., and 3:00 p.m. until 9:00 p.m. The parties shall alternate those segments unless they can agree upon another schedule mutually agreeable to the parties. 10. During the summer months, the Father shall have four consecutive weeks of custody with the minor children, during which time Mother shall have the children alternating weekends pursuant to Father's schedule that he enjoys during the school year. The time for the four weeks shall be worked out between the parties. 11. The parties may modify this schedule in any way that they agree. Absent an agreement, this schedule can control. In the event either parent desires to modify this schedule, they may petition the Court to have the case again scheduled with a Custody Conciliator for a conference. ....u'\ OURT, ) Edward E. Guido, Judge Cc: Jaime D. Wassmer, Esquire ( _ Mr. Timothy D. Johnson )) -Y7-u~ ~ /}~L yJ5 " ~" .' . i r'" \ \ ~ '(J I.~ '\~ o J 0" ------ -". , CAROLYN S. JOHNSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v : NO. 05-3111 CIVIL ACTION - LAW TIMOTHY D. JOHNSON, Defendant IN CUSTODY Prior Judge: The Honorable Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Corbyn W. C. Johnson, born July 29, 1991 Madyson A. T. Johnson, born January 8, 1997 2. A Conciliation Conference was held on February 14, 2006, with the following individuals in attendance: The Mother, Carolyn S. Johnson, with her counsel, Jaime D. Wassmer, Esquire The Father, Timothy D. Johnson, who appeared without counsel. 3. The parties agree to an entry of an Order as attached. Date: February ;;;J... ,2006 CAROLYN S. JOHNSON, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : NO. 05-311 I TIMOTHY D. JOHNSON, Defendant. : CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under 3301(c) ofthe Divorce code was filed on June 16,2005, on the grounds that the marriage of the parties is irretrievably broken. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. 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. 5. 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. S 4904 relating to unsworn falsification to authorities. Date: ~~' l ;},oru ~s~ Carolyn S ohnson CJ ;.-:j C' CAROLYN S. JOHNSON, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : NO. 05-3111 TIMOTHY D. JOHNSON, Defendant. : CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 6 3301 (c) OF THE DIVORCE CODE I. 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 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. 4. 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. g4904 relating to unsworn falsification to authorities. Date: q~\ ( ;f.ODLp r~'S~ Carolyn S. Johnson, lamhff >;:'~:, ('.~.;;.) ,"~ "-j -n --, (...1.; c:) JAIME D. WASSMER, ESQUIRE Robinson & Geraldo Sup. Ct. 1.0. No. 200705 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax iwassmer@,robinson-geraldo.com CAROLYN S. JOHNSON, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : NO. 05-3111 TIMOTHY D. JOHNSON, Defendant. : CIVIL ACTION - LAW IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THISAGREEMENT,madethis 31,st- day of Ju1i 2006, by and between Carolyn S Johnson, of Shippenburg, Cumberland County, Pennsylvania, hereinafter referred to as "Wife," and Timothy 0 Johnson, of Shipp ens burg, Cumberland County, Pennsylvania, hereinafter referred to as "Husband." W lTNE SSE TH: WHEREAS, Husband and Wife were lawfully married on December 24,1987; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live separate and apart of each other; and WHEREAS, Husband and Wife have made a full disclosure of their assets to each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations with respect to each other, including the disposition and distribution of property rights and interests between them. NOW, THEREFORE, in consideration of the 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: I. ADVICE OF COUNSEL. The Parties acknowledge that they have had the opportunity to have independent legal advice from counsel of their selection. They fully understand the facts and have been informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, in the circumstance 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. 2. SEP ARA TION. It shall be lawful for each Party at all times hereafter to continue to live separate and apart from the other Party. The foregoing provisions shall not be taken as an 2 admission on the part of either Party of the lawfulness or unlawfulness of the causes leading to their living apart. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The Parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree, which may be entered with respect to them at the request of either Party. The Parties agree that the Court of Common Pleas of Cumberland County, Pennsylvania, shall retain continuing jurisdiction over the Parties and the Agreement for the purposes of enforcement of any of the provisions thereof. The Parties agree that unless otherwise specifically provided herein, if a Decree is entered divorcing the Parties, although this Agreement shall be incorporated into said Decree, this Agreement shall not merge with, but shall continue in full force and effect after such time as a Final Decree in Divorce may be entered with respect to the Parties and may be enforced in an action independent of the Divorce Decree. The Parties agree and it is the intent of each of them that even though this Agreement may be enforced either under the provisions of the Pennsylvania Divorce Code or in an action independent of the Divorce Decree in accordance with Section 3502 of the Pennsylvania Divorce Code, the provisions of this Agreement regarding the disposition of existing property rights and interests between the Parties, alimony, alimony pendente lite, counsel fees and expenses shall not be subject to modification by any Court. 4. SUBSEQUENT DIVORCE. The Parties hereby acknowledge and express their agreement that the marriage is irretrievably broken, and the Parties agree to cooperate in any necessary way to obtain a mutual consent, no-fault divorce, pursuant to Section 3301 of the Pennsylvania Divorce Code. 3 5. INTERFERENCE. Each Party shall be free from interference, authority, and contact by the other, ...s fully as ifhe or she were single and unmarried, except as may be necessary to can-y out the provisions of this Agreement. Neither Party shall molest the other or attempt to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 6. WIFE'S DEBTS. Wife represents and warrants to Husband that she will not contract or incur any debt or liability for which Husband or his estate might be responsible and she shall indemnify and hold harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 7. HUSBAND'S DEBTS. Husband represents and warrants to Wife that he will not contract or incur any debts or liability for which Wife or her estate might be responsible, and he shall indemnify and hold harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 8. MUTUAL RELEASE. Subject to the provisions of this Agreement, each Party has released and discharged, and by this Agreement, does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the Parties had or now has against the other, except for any and all causes of action for 4 divorce and except for any and all causes of action for breach of any provisions of this Agreement. 9. DISCLOSURE OF PROPERTY. Husband and Wife acknowledge and agree that they have made a full and complete disclosure to the other of all information pertaining to the Parties' separate and marital property owned, possessed and/or controlled by the other at the time of the separation of the Parties and, further, that the Husband and Wife voluntarily and intelligently agree to waive any rights which they may have to receive an Inventory and Appraisement of all property owned or possessed by them, either jointly or individually, at the time of the delivery of this Agreement or of the commencement of any action of divorce. 10. EOUITABLE DISTRIBUTION. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors that have been taken into consideration by the Parties. a. REAL PROPERTY. Husband and Wife hold title as tenants by the entireties the residence identified as 28 Koser Lane, Shippensburg, Pennsylvania (the "marital residence"). The parties agree that Husband will retain possession of the marital residence. Husband has six (6) months to refinance the mortgage in his name and remit to Wife her share of the equity in the home. Wife's share is defined as the following: I) If an appraisal is performed on the marital residence and it is determined that there is $20,000 or more equity in the home, then Wife's share shall be eleven thousand dollars ($11,000) or 55% of the equity, whichever is greater; 2) Ifno appraisal is performed on the marital residence, then Wife's share shall be eleven thousand dollars ($11,000). Upon 5 request, Husband shall provide Wife with written documentation of his attempts to refinance. At any time Husband fails to make a mortgage payment, thereby enacting the acc"lelaiivn dause, and a foreclosure action takes place. Husband shall hold Wife harmless tor any and all liability associated with said foreclosure action. In the event that a foreclosure action occurs, Husband will remit to Wife eleven thousand dollars ($11,000.00), which represents her share of the equity in the home, and this monetary transfer from Husband to Wife shall take place within thirty (30) days after mortgagor/lienholder takes possession of the marital residence. Should Husband be unable to refinance within the aforementioned six (6) months, Husband has two weeks to list the residence for sale. The washer, dryer, stove, and refrigerator shall remain in the home when the property is sold. Husband shall make a good faith effort to sell the marital residence; these efforts may include, but are not limited to, engaging the services of a realtor or listing the sale of the property in the newspaper or on the internet. Husband has eight (8) months to sell the residence. Once the marital residence is sold, Husband shall remit to Wife her share of the property's equity, which is 55% of the profits from the sale or eleven thousand dollars ($11,000), whichever amount is greater. Husband shall maintain insurance on the marital residence and provide proof of that insurance. The parties acknowledge that Husband shall hold Wife harmless from any liability, cost, or expenses incurred subsequent to the execution date of this Agreement, in connection with any expenses required to be made by Husband including, but not necessarily limited to, the mortgage, property taxes, and insurance with respect to the aforementioned premises. b. PERSONAL PROPERTY. The Parties have divided between themselves, to their mutual satisfaction, all items of tangible, personal property previously used by them in the 6 marital home. Wife shall specifically retain possession of the carpet under the table in the dining room and the computer that was purchased for the children by the maternal gra..:huother. A list of the specific items to which Wife shall retain possession is here attached as Exhibit A. A list of the specific items to which Husband shall retain possession is attached as Exhibit B. Husband shall be specifically entitled to retain his tools. Neither Party shall make any claim to any such item of tangible personal property whether said items are marital property or said items are separate personal property of either Party. c. MOTOR VEHICLES. Wife is entitled to retain the 2000 Dodge Durango. Wife shall be solely responsible for the timely payment of all past, present, and future principle, interest and other fees due relating to the 2000 Dodge Durango and Wife shall hold Husband harmless from any liability, cost, or expense, which are incurred in connection with such maintenance, cost, and expenses or resulting from Wife's ownership interest in the 2000 Dodge Durango. Husband shall retain the 1986 Cadillac Deville. Wife shall relinquish her interest in the 1986 Cadillac Deville and transfer title to be solely in Husband's name. Husband shall hold Wife harmless from any liability, cost, or expense, which are incurred in connection with or resulting from Husband's ownership interest in the 1986 Cadillac. d. MARITAL DEBT. The Parties agree that the Credit Cards in the Husband's name shall be paid by Husband, and the Credit Cards in the Wife's name shall be paid by Wife. Husband shall hold Wife harmless for credit card debt in his name and Wife shall hold Husband harmless for credit card debt in her name. Regarding the student loan with PHEAA for son Ryan Johnson, the amount of which totals $5,051.62, the parties agree to 7 each pay half of every monthly installment within ten (10) days of receipt. Payments from both parties shall be made directly to the lender of the student loan. e. ~ETIR.Eiv1ENT BENEFITS. Wife shall relinquish her rights to Husband's reliremp.nt benefits, including his 401K. Husband shall also waive any rights he has to Wife's retirement benefits. f. CUSTODY. The matter of custody has previously been resolved between the parties and is evidenced by the Court Order dated February 24, 2006. A copy of said Order is attached to this agreement as "Exhibit C". g. COUNSEL FEES. The parties agree that each shall be responsible for those legal fees he or she incurs in connection with this divorce action and waives any and all claims he or she may have to compel the other party to pay for those counsel fees. h. OTHER BENEFITS. The parties agree that each shall waive any and all claims to receive the other's medical benefits. Wife shall relinquish her rights to Husband's social security benefits. Husband shall also waive any rights he has to Wife's social security benefits. II. WAIVER OF CLAIMS AGAINST ESTATE. Except as herein otherwise provided, each Party may dispose of his or her property in any way, and each Party hereby waives and relinquishes any and all rights he or she may now or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, courtesy, statutory allowance, widows allowance, right to take property under equitable distribution, right to take in intestacy, right to take against the will of the other's estate, and who will, at the request of the other, execute, 8 acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 12. BREACH. If either Party breaches any provision of this Agreement, 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 advisable to him or her, and the Party breaching this Contract shall be responsible for payment oflegal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONFESSION OF JUDGEMENT. Husband hereby authorizes any attorney designated by Wife hereof to appear in any court ofrecord in the Commonwealth of Pennsylvania, and waive any issuance and service of process, and confess a judgment against Husband in favor of Wife in the sum of eleven thousand dollars ($11,000.00); provided that Husband is in default with respect to the provisions in paragraph lO(a) and said default has continued for ten (10) days. 14. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the Parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 15. MODIFlCA nON AND WAIVER. The modification or waiver of any of the provisions ofthis Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either Party to insist upon strict performance of any 9 of the provisions of this Agreement shall not be construed as a waiver of any subsequent default ofthe same or similar nature. 16. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the Parties. 17. INDEPENDENT SEP ARA TE COVENANT. It is specifically understood and agreed by and between the Parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 18. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 19. VOLUNTARY EXECUTION. Husband and Wife acknowledge and represent that the provisions of this Agreement are fully understood by both Parties and each Party acknowledges that this Agreement is in all respects fair and equitable, that it is being entered into voluntarily and knowingly, and that it is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year first above written. 10 ~ ~ ~ SQph~l<SEAL) ~t'-. . \l:~-; Joh","" :/ ~ #E e. <:\P . ~- (SEAL) . UIl OA'1 ~ 1 hO Timothy Johnson itn;:SS II Wife's Assets from Division of Marriage I Queen size Bed I Twin Bed I Grc".; Carpet approx. 5' X 8' I Chest Freezer I E Machine Computer I Gas Powered Weed Trimmer Flute Violin Ice Skates I Set of White Curtains from the front Windows 2 Bar Stools 3 Sets of Wire Metal Box Shelves 2 Vertical Book Shelf Units Various Baby Items I Stroller I Crib I Baby Bouncer I High Chair I Diaper Genie I Bottle Sterilize A ...ti'f19 €Ie.. :u5 .lua",h;'ut:i ~ Cross point stitch birth announcement for daughter Front Window treatment . Husband's Assets: 1939 Master Deluxe Chevy Coupe Lawnboy Lawn mower Antique O^ci!luti'lg fan Hot and Cold Igloo C00ler 75-gal. Fish tank and equipment 10-gal. Fish tank and equipment Antique foundry patterns Tools and tool chest Vice Bench stand legs Singer sewing machine Christmas decorations Microwave stand Framed handprints of daughter Toaster Microwave Coffeemaker Marlboro gift gear . Hot and Cold cooler . Backpack . Dome tent . Wooden dart board . Radio Dining room suit . 6 chairs . Glass tabletop with pedestals 32" Color television Television cabinet DVDNCR player DVD'sNCR tapes 3 Coral pieces Sectional Sofa File Cabinet . Including contents contained therein: . Paperwork pertaining to household purchases Pine roll top desk . Including the contents contained therein: . Paperwork pertaining to the home . Bankruptcy paperwork . Husband's paycheck stubs . Pictures of the children 9" Color television Apple laptop computer Window treatments (excluding the window) Antique newspaper collection Antique bottle and glass collection Train set and accessories Fishing poles and accessories Civil War Rifle Antique book collection Dresser Porcelain Santa Dolls Collectible toy cars (i.e., Hot Wheels, Matchbox, Jonny Lightening, etc.) Entertainment Center cabinet 4" screen camcorder 19" Color television Antique Sewing Machine - Gift from Wife's Sister wA+~l.bt:d -~ RECEIV~'J rr.1 237"5 < CAROLYN S. JOHNSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v : NO.05-31I1 CIVIL ACTION - LAW TIMOTHY D. JOHNSON, Defendant IN CUSTODY COURT ORDER AND NOW, this d)tJ ~ day of February, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The hearing scheduled in this case on February 22,2006 at 1:00 p.m. is cancelled. 2. All prior Custody Orders in this case are vacated and replaced with the Order as set forth below. 3. The Mother, Carolyn S. Johnson, and the Father, Timothy D. Johnson, shall enjoy shared legal custody of Corbyn W. C. Johnson, born July 29, 1991, and Madyson A. T. Johnson, born January 8, 1997 4. The Mother shall enjoy primary physical custody of the minor children. 5. The Father shall enjoy periods of temporary physical custody of the minor children as follows: A. On alternating weekend from Friday at 7:00 p.m. until Sunday at 7:00 p.m. B. On the weekends the Father does not have custody, he shall enjoy custody of the minor children from Friday at 4:00 p.m. until 8:00 p.m. that evening, and if Mother is working on Sunday, he shall have custody on Sunday from approximately 9:00 a.m. until 3:30 p.m. C. At such other times as the parties may agree. 6. The Mother shall always have custody on Mother's Day, and the Father shall always have custody on Father's Day. Absent an agreement etween the arties, the time on those days shall be from 9:00 a.m. until 7:00 p.m. 7. The parties shall alternate holidays to include New Year's Day, Easter, Memorial ')ay, July 4"', and Labor Day. The times on the holidays shall be from 9:00 ",.m. until 7:00 p.m., unless agreed otherwise by the parties. Mother shall start the alternating process with her having Easter 2006. 8. The Christmas holiday shall be split into two segments: Segment A shall be from December 24th at noon until December 2~ at noon; and Segment B shall be from December 25'" at noon until December 26'" at noon. The parties shall alternate those two Segments. The parties shall work out between themselves who shall have the Segment A and who shall have Segment B starting in 2006. 9. The Thanksgiving holiday shall be handled in two segments, being from 9:00 a.m. until 3:00 p.m., and 3:00 p.m. until 9:00 p.m. The parties shall alternate those segments unless they can agree upon another schedule mutually agreeable to the parties. 10. During the summer months, the Father shall have four consecutive weeks of custody with the minor children, during which time Mother shall have the children alternating weekends pursuant to Father's schedule that he enjoys during the school year. The time for the four weeks shall be worked out between the parties. 11. The parties may modify this schedule in any way that they agree. Absent an agreement, this schedule can control. In the event either parent desires to modify this schedule, they may petition the Court to have the case again scheduled with a Custody Conciliator for a conference. BY ,_... ---...... "COURT, ) Edward E. Guido, Judge Cc: Jaime D. Wassmer, Esquire Mr. Timothy D. Johnson ,!R~E ~Opy FROM RECORD I.., ,att.lmony wtlare"'l ''''.", "-, ',,- ,,~t "'" h...... .... <J. Ilk..,. ",.;~,~ n.;;.1GlJftI ,,'j u'i3 SI'..aI 01 se;;J CrUril """':;;319 Pa. ... ~- "'c'.. ;';'" . ..', ~~ . . t "eI (f . - CAROLYN S. JOHNSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 05-3111 CIVIL ACTION - LAW TIMOTHY D. JOHNSON, Defendant IN CUSTODY Prior Judge: The Honorable Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Corbyn W. C. Johnson, born July 29,1991 Madyson A. T. Johnson, born January 8, 1997 2. A Conciliation Conference was held on February 14, 2006, with the following individuals in attendance: The Mother, Carolyn S. Johnson, with her counsel, Jaime D. Wassmer, Esquire The Father, Timothy D. Johnson, who appeared without counsel. 3. The parties agree to an entry of an Order as attached. Date: February ;;<J. , 2006 -' :--? -.i\ ~,,"'~ ,""". :' ,~"", , . CAROLYN S. JOHNSON, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. NO. 05-3111 TIMOTHY D. JOHNSON, Defendant. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 3301(c) of the Divorce code was filed on June 16, 2005, on the grounds that the marriage of the parties is irretrievably broken. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed [rom the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if[ do not claim them before a divorce is granted. 5. 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. S 4904 relating to unsworn falsification to authorities. Date: 111>t!ou b:~ Timothy. ohn n CAROLYN S. JOHNSON, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : NO. 05-3111 TIMOTHY D. JOHNSON, Defendant. CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER & 3301 (c) OF THE DIVORCE CODE I. 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[ 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. 4. 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. 94904 relating to unsworn falsification to authorities. Date: '7 I 'b I} " V ~~~~ Timothy so , 0 endant . . .... CAROLYN S. JOHNSON, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff, v. NO. 05-3111 TIMOTHY D. JOHNSON, Defendant. : CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMII RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under section 3301(c) of the Divorce code. 2. Date and Manner of service of the Complaint: Certified Mail Restricted Delivery on or about June 25, 2005. 3. Date of execution of the affidavit required by section 3301(c) ofthe Divorce Code: by Plaintiff on July 31,2006 and by Defendant on July 31, 2006. 4. Related claims pending. The economic claims have been settled by agreement. 5. Date the Plaintiff's Waiver of Notice in section 3301(c) of the Divorce was filed with the Prothonotary: on August I, 2006. .. .. 1It".. 6. Date the Defendant's Waiver of Notice in section 3301(c) of the Divorce was tiled with the Prothonotary: on August I, 2006. Respectfully submitted, ROBINSON & GERALDO ,w~ Jai e . Wassmer, Esquire Att ey 1.0. No. 200705 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Plaintiff. 2- ~. -tJi.:<;". r;.....'\\ :;; .~~ ' tr~ t;<:_\. ";> (. 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