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Home My WebLink About02-2494REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorne},s for Plaintiff TERRI L. JOHNSON, Plaintiff DAVID L. JOHNSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. O,,l-~,'/0q ~ "~'~,._ : 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 of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attome~s for Plaintiff TERRI L. JOHNSON, Plaintiff DAVID L. JOHNSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AVISO PARA DEFENDER y RECLAIMAR DERtZ. CHO~R USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las p~iginas siguientes, debar tomar acci6n con prontitud. Se la avisa que is no se defiende, el caso pm:de proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra pot la Corte. Una decisi6n puede tambiin set emifida en su contra por caulquier otra queja o compensacfion reclamados pot el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matfin~nial. Una lista de consejeros matrimoniales estfi disponible en la oficina del [rothonotary, en la Cun~erland County Court of Corranon Pleas, Room 101, Cumberland County Courthouse, Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABA JO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff TERRI L. JOHNSON Plaintiff DAVID L. JOHNSON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O&, .~'4q,-t ~ '-F-.c~_~ CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE i. Plaintiff is Terri L. Johnson, an adult individual who currently resides at 134 Round Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is David L. Johnson, an adult individual who currently resides at 104 E. Main Street, Apt. ~r2, Slfiremanstown, Cumberland County, Pennsylvania, 17011. 3. Plaintiff and Defendant have been bona fide residents in the Corrnnonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 27, 1992 in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there is one (1) child of this marriage under the age of eighteen years, namely Ian D. Johnson, date of birth September 10, 1994. 8. The marriage is irretrievably broken. 9. Plaintiffhas been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the figng of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Phintiff believes that Defendant may also file such an affidavit. I 1. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. Respectfully Submitted, By: REAGER & ADLER, PC Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorneys for Plaintiff VERIFICATION I, TERRI L. JOHNSON, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of ].$ Pa.C.S. Section 4904, relating to unswom falsification to authorities. Date: T~R/L. ~I'~SON ¥INrgA-1ASNN~=d REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attome~,s for Plaintiff TERRI L. JOHNSON Plaintiff Vo DAVID L. JOHNSON Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2494 : : CIVIL ACTION - LAW : : IN DIVORCE PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the Complaint in Divorce heretofore filed in this matter. Respectfully Submitted, REAGER & ADLER, PC 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorneys for Plaintiff TERRI L. JOHNSON Plaintiff V. DAVID L. JOHNSON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2494 CIVIL TERM PACSES NO. CIVIL ACTION - LAW IN DIVORCE RE: pETITION FOR ALIMONY PENDENTE LITE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, this /~ ~ day of4~, 1~3~3~, comes the Petitioner, David L. Johnson, who files the this Petition for Alimony Pendent and respectfully represents that: 1. The Petitioner, David L. Johnson, is an adult individual residing at 104 E. Main Street, Apt.#2, Shiremanstown, PA 17011. 2. The Respondent, Terri L. Johnson, is an adult individual residing at 134 round Ridge Road, Mechanicsburg, PA 17055. 3. The Petitioner and Respondent were married on November 27, 1992, in Camp Hill, PA and separated on May 2, 2002. 4. The Respondent has not sufficiently provided support for the Petitioner. 5. The Petitioner is not on a financial par with the Respondent in prosecuting and/or defending this Divorce action and is unable to support himself in accordance with the standard of living established during the marriage. 6. The within action was instituted by the filing of a Divorce Complaint by the Plaintiff, Terri L. Johnston on May 21, 2002. 7. This Petition represents the Petitioner's claims for Alimony 8 o 9 o Pendente Lite. A background information sheet pertaining to these claims has or will be filed with The Domestic Relations Office as required by Local Rules of Court. The amount asked by the Petitioner for Alimony Pendente Lite is the maximum amount provided for under the guidelines. 2 o W~EREFORE, Petitioner prays that the Court enter an Order: Requiring the Respondent to pay the Petitioner Alimony Pendente Lite in the maximum amount provided for by law under the state support guidelines; Requiring the Respondent to provide medical support for the Petitioner; Respectfully submitted, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0695 Attorney for Petitioner VERIFICATION I verify that the statements made in this Petition for Alimony Pendent Lite and Interim Counsel Fees and Costs 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. DAVID L. JOHNSON Date: ~--~ '-~ TERRI L. JOHNSON : Plaintiff : : V, : : DAVID L. JOHNSON : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2494 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary 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 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 LAW~ffER OR CD/qNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBEP. LA19D COUNTY BA~ASSOCIATION 2 LIBEK~"~AVE~u~ CARLISLE, PA 17013 (717} 249-3166 TERRI L. JOHNSON : Plaintiff : : V. : : DAVID L. JOHNSON : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2494 CIVIL TERM PACSES NO. CIVIL ACTION - LAW IN DIVORCE ANSWER AND COUNTERCLAIM TO DIVORCE COMPLAINT AND NOW, this /~ day of August, 2002, comes the Defendant, David L. Johnston, by his attorney, Diane G. Radcliff, Esquire, and files the above- referenced pleadings as follows: 2 o ANSWER TO DIVORCE COMPLAINT COUNT I: DIVORCE It is admitted that the Plaintiff is Terri L. Johnson, an resides at 134 Round Ridge Road, Admitted. adult individual who currently Mechanicsburg, Pennsylvania. A~m~tted. It is admitted that the Defendant is David L. Johnson, an adult individual who currently resides at 104 E. Main Street, Apartment 4 o 5 o 7 o 2, Shiremanstown, Pennsylvania. Aclmitted. It is admitted that the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at six months immediately previous to the filing of the Complaint. Admitted. It is admitted that the Plaintiff and Defendant were married on November 27, 1992 in Camp Hill, Cumberland County, Pennsylvania Admitted. It is admitted that there have been no prior actions of divorce or annulment between the parties. Admitted. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. Admitted. It is admitted that neither the Plaintiff nor the Defendant are in the military or naval service of the united states or its allies within the provisions of the soldier's & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. Denied. The Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment set forth in Paragraph 8 of Plaintiff's Complaint that the parties' marriage is irretrievably broken and said averment is therefore denied. The - 3 - 10. 11. Defendant demands proof thereof at the trial of this case, if relevant. Admitted. It is admitted that the Plaintiff has been advised of the availability of counseling and that the Defendant may have a right to request that the Court require the parties participate in said counseling and that Plaintiff declines counseling. It is further averred that the Defendant has been advised of the availability of counseling and that the parties have a right to request that the Court require the parties participate in said counseling. Denied. The Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment set forth in Paragraph 10 of Plaintiff's Complaint that after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit, and said averment is therefore denied· The Defendant demands proof thereof at the trial of this case, if relevant. Denied. The Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment set forth in Paragraph 11 of Plaintiff's Complaint that in the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate notices two - 4 (2) years from the date of separation, and said averment is therefore denied. The Defendant demands proof thereof at the trial of this case, if relevant. WHEREFORE, the Defendant respectfully requests this Honorable Court to deny Plaintiff's claim for the entry of a Divorce Decree. COUNTERCLAIM EQUITABLE DISTRIBUTION COUNT I: 12. The Defendant incorporates by reference the averments set forth in Paragraphs 1-11 herein as fully as though the same were set forth at length. 13. Plaintiff and Defendant have acquired property and debts, both real and personal, during their marriage from November 27, 1992 until present, all of which is "marital property". 14. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, ,,non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". 15. Plaintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of the filing of this Complaint. WHEREFORE, Defendant requests this Honorable Court to equitably divide all marital property and debts of the parties in the event of a divorce of the parties. COUNT II: ALIMONY PENDENTE LITE, ALIMONY 16. The Defendant incorporates by reference the averments set forth in Paragraphs 1-15 herein as fully as though the same were set forth at length. 17. Defendant lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 18. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Defendant requests this Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. 19. COUNT III: COUNSEL FEES AND COSTS The Defendant incorporates by reference the averments set forth in Paragraphs 1-18 herein as fully as though the same were set forth at - 6 - length. 20. Defendant has employed legal counsel but is unable to pay the necessary and reasonable attorney's fees for said counsel. 21. The Defendant is in need of hiring various experts to appraise the parties' marital assets and does not have the funds to pay the necessary and reasonable fees. W~EREFORE, Defendant requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate and at final hearing to further award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, Camp Hill, PA 17011 Supreme Court ID #32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Defendant - 7 Prepared by: Diane G. Radclfff, ~squire 3448 Trindle Road, Camp Hill, PA 17011 Phone: VERIFICATION I verify that the statements made in this Answer and Counterclaim to Divorce Complaint are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DAVID L. JOHN Date: (~'~'OL CERTIFICATE OF SERVICE RADCLIFF, ESQUIRE, hereby certify that I have this day served a copy of the within ANSWER AND COUNTERCLAIM TO THE DIVORCE COMPLAINT upon the Plaintiff's attorney, by mailing same by first class mail, postage prepaid, addressed as follows: Debra Denison Cantor, Esquire 2331 Market Street Camp Hill, PA 17011 Respectfully submitted, Camp Hill, P A 17011 Phone: (717) 737-0100 Fax: (717) 975-0695 Supreme Court ID # 32112 Attorney for Defendant DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 - 9 - TERRI L. JOHNSON, Plaintiff V. DAVID L. JOHNSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2494 CIVIL TERM : PACSES NO. : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF THE SAID COURT: Please enter the appearance of Diane G. Radcliff, Esquire, as attorney for the Defendant, David L. Johnson in the above captioned matter. Respectfully submitted, Camp Hill, PA 17011 PHONE: (717) 737-0100 I.D. No. 32112 Attorney for Defendant In the Court of Common Pleas of CUMB~ Co,_,n~y, Pennsylvania DOMESTIC RELATIONS SECTION TERRI L. JOHNSON, vs. DAVID L. JOHNSON, Plah~tiff / Respondent Defendam/Petitioner ) Docket Number ) ) PACSES Case Number ) ) Other State ID Number 02-2494 CIVIL 933104787/D31993 AND NOW, towR on this 23RD DAY OF AUGUST, 2002 1TISHEREBY ORDERED that the O Complaint for SuppoR or C) P~kion to Modify or ~) Other A~ZMO~Y PE~DENTE LITE filed on AUGUST 14, 2002 iht he above captioned maRer is dismissed without prejudice due to: HUSBAND'S OBLIGATION FOR THE PARTIES' CHII~D, IN THE FORM OF CHILD SUPPORT, OFFSETS WIFE'S OBLIGATION FOR ALIMONY PElqDENTE LITE. O The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. DRO: RJ Shadday xc: plaintiff defen0ant Diane Radcliff, Esquire Debra Cantor, Esquire BY THE COURT: Edward E. Guido JUDGE Service Type M Form 0E-506 Worker ID 21005 Tanya Leann Launse, Plaintiff Vo Charles Matthew Launse, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2694 CIVIL TERM PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Tanya Leann Launse, by and through her attorney, David A. Lopez of MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on June 4, 2002, scheduling a heating for June 13, 2002, at 11:30 a.m. On June 11, 2002, a subsequent Order of Court rescheduled the hearing until August 29, 2002 at 3:30 p.m. 2. The Cumberland County Sheriffs Depaxhnent served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his place of employment on June 6, 2002. 3. On August 20, 2002, Defendant informed MidPenn Legal Services that he no longer wishes to reach an agreement in this matter and wishes to have a hearing in the matter. He further requests that the heating in this matter be rescheduled in order for him to make appropriate arrangements in his work schedule. 4. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect through December 4, 2003, or until further Order of Court, whichever comes first. WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect through December 4, 2002, or until further Order of Court, whichever comes first. Respectfully Submitted, MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Tanya Leann Launse, Plaintiff Vo Charles Matthew Launse, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2694 CIVIL TERM : PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this ~'~ay of August, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on August 29, 2002, by this Court's Order of June 11, 2002, is hereby rescheduled for hearing on C~ e~ ~. ~' , 2002, at g~O :~.m. in Courtroom No. 5 on the 4th Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. The Temporary Protection From Abuse Order shall remain in effect through December 4, 2003.u~ntfl " ' comes , ' mrmer oraer of Court, whichever first. Edward E. Guido, Judge David A. Lopez, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 Charles Matthew Launse, Defendant, c/o McDonalds 3447 Capital Mall Drive, Camp Hill, PA 17011 TERRI L. JOHNSON Plaintiff DAVID L. JOHNSON Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTy, PENNSYLVANIA : : CIVIL ACTION _ LAW : IN DIVORCE ACCEPTANCE OF SERVICE I, Diane Radcliff, Esquire, am augur/zed to accept service of the Complaint in Divorce on behalf of my client, David L. Johnson, in the above-captioned matter. Date: JUne 1, 2002 DAVID L. JOHNSON/8.29.02 SUPPORT APPEAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRI L. JOHNSON Plaintiff Vo DAVID L. JOHNSON Defendant NO. 02-2494 CIVIL TERM PACSES NO. C#9331047787/D31933 : : CIVIL ACTION - LAW : : DIVORCE/APL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION TERRI L. JOHNSON Plaintiff DAVID L. JOHNSON Defendant NO. 00597 S 2002 PACSES NO. 771104651 CHILD SUPPORT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION DAVID L. JOHNSON Plaintiff Vo TERRI L. JOHNSON Defendant NO. 00713 S 2002 PACSES NO. 428104757/D31965 SPOUSAL SUPPORT DAVID L. JOHNSON'S APPEAL OF THE AUGUST 23, 2002 COURT ORDER 2 DAVID L. JOHNSON/8.29.02 SUPPORT APPEAL Eo Be Ce APPEAL AND REOUEST FOR }{EARING DE NOVO .DATE OF THE ORDER: August 23, 2002 (all cases). LAST DAY TO FILE APPEAL: September 5, 2002 (all cases). QRDER OR RESULT IN CHILD SUPPORT CASE NO. 00597 S 2002 FOR CHILD SUPPOR'~' FILED BY TERRI L. JOHNSON AGAINST DAVID L. JOHNSOn,: From 7/9/02 through 8/13/02, $815.00 per month calculated as follows: $363.55/mo. (Child support) + $451.50/mo. (mortgage contribution) $815.00/mo (rounded child support + mortgage contribution). From 8/13/02 onward, $418.00/month in accordance with the following calculation: $478.11/mo. (child support) + $470.50/mo. (mortgage contribution) = $948.61/mo. (Child support + mortgage contribution) $630.86 (APL) = $318.00 (rounded adjusted child support with mortgage after APL adjustment) + $100.00/mo. (Arrears) = $418.00/mo.}. The support order is for one (1) child, Ian David Johnson plus a mortgage contribution for mortgage expense for the marital home in which the non-dependent spouse, Terri L. Johnson, resides with the child. ORDER OR RESULT IN SUPPORT CASE NO. 00713 S 2002 FOR SPOUSAL SUPPOR'r FILED BY DAVID L. JOHNSON AGAINST TERRI L. JOHNSO~T: Plaintiff/Husband,s spousal support case was dismissed. Domestic Relations offset the APL amount of $630.00 against child support in case No. 00597 S 2002. QRDER OR RESULT IN DIVORCE CASE NO. 02-2494 CIVIL TERM FOR APL CLAI~-~ FILED BY DAVID L. JOHNSON AGAINST TERRI L. JOHNSO~i: Plaintiff/Husband,s claim for APL was dismissed. Domestic Relations offset the APL amount of $630.00 against child support in case No. 00597 S 2002. 3 DAVID L. JOHNSON/8.29.02 SUPPORT APPEAL PARTY TO APPEAL: Appellant: David L. Johnson ("Husband") Appellee: Terri L. Johnson ("Wife") ISSUES ON APPEAL: IS PA.R.C.P. 1910.16-6(E) UNCONSTITUTIONAL SINCE IT TREATS SEPARA%'ED PARENTS AND THEIR CHILDREN UNEOUALLYAND DIFFERENTLY FROM DIVORCED PARENTS AND THEIR CHILDREN WITH NO LEGITIMATE STAT;.: PURPOSE? Suggested Answer: Yes. 1910.16-6(e) provides that: The guidelines assume that the spouse occupying the marital residence will be solely responsible for the mortgage payment, real estate taxes, and homeowner's insurance. Similarly, the court will assume that the party occupying the marital residence will be paying the items listed unless the recommendation specifically provides otherwise. If the obligee is living in the marital residence and the mortgage payment exceeds 25% of the Obligee's net income (including amounts of spousal support, and child support) the court may direct the obligor to assume up to 50% of the excess amount as part of the total support award. (Emphasis added) By its terms Rule 1910-16.6(e) applies only to cases where the parties are married and separated since it refers to a "spouse" and the "marital residence". Thus, it is clear that Rule 1910.16-6 (e) does not apply to divorced parents or never-married parents, since those parents do not fall with the definition of the term "spouse" and the residence in which one of them may reside cannot be considered the "marital residence,,. It is not clear, however, if Rule 1910-16.6(e) applies to cases where: (1) a dependent spouse is living in the marital residence, with or without minor children; (2) children are living in a marital residence with a dependent spouse, who is not otherwise entitled to spousal support or APL; (3) children who are living in a martial residence with a non- dependent spouse. The application of Rule 1910.16-6(e) to either of two (2) situations set forth above as situations (2) and (3), such as was done by Domestic Relations in this case, it will result in the obligor and his/her children being treated unequally and DAVID L. JOHNSON/8.29.02 SUPPORT APPEAL differently from divorced or never-married parents and their children with no discernable legitimate state interest. As such in either of these two situations the application of Rule 1910.16-6(e) would violate of the constitutional right of equal protection under the law. Thus under this principal, Rule 1910.16-6(e) cannot be applied to the current case where the dependent and separated spouse (Husband) owes child support to the non-dependent spouse (Wife) because to do so would violate Husband's constitutional rights. In a similar situation, another support law was declared to be unconstitutional in Curtis v. Klin~ (appeal of the dept. of pub. Welfare) 542 PA. 249, 666 A.2d 265 (1995). In Curtis v. Klin~, Id., the statute which required a divorced parent to provide college level financial support, was found to have violated equal protection principals and declared to be unconstitutional because the children of divorced parents and children of married parents were treated unequally for no legitimate state purpose. Under the holding in Curtis v. Klin~, Id., it is submitted that Rule 1910- 16.6(e) is also unconstitutional as applied in the current case facts since it treats separated parents and their children unequally from divorced parents or never-married parents and their children by requiring a mortgage contribution only for the former class with no legitimate state purpose. Notice of this claim of unconstitutionality of Rule 1910.16-6(e) as set forth in this appeal is being sent to the Attorney General for the Commonwealth of Pennsylvania as required by the Pennsylvania Rules of Civil Procedure. DOES THE DISCRETIONARY AWARD OF A MORTGAGE CONTRIBUTION AS PART A CHILD SUPPORT ORDER FOR CHILDREN OF SEPARATED PARENTS, BUT CHILDREN OF DIVORCED OR NEVER MARRIED PARENTS VIOLATE THE IN'I'ENT THE CHILD SUPPORT GUIDELINES? Suggested Answer: Yes. As set forth in Pa.R.C.P. Rule 1910.16-1, (Explanatory Comment- 1998, B. Statutory Considerations) the support guidelines were enacted so that all persons similarly situated shall be treated equally. Children of separated parents and children of divorced or 5 DAVID L. JOHNSON/8.29.02 SUPPORT APPEAL 4 o never married parents are ~persons similarly situated". Thus requiring a mortgage contribution for the children of separated parents and not for the children of divorced or never married parents violates the intended purpose of t~e support guidelines. DO THE SUPPORT GUIDELINES REOUIRE A MANDATORY ASSESSMENT OF A MORTGAGE CONTRIBUTION AT THE MAXIMUM 50% RATE OF THE EXCESS OVER 25% OF THE INCOME OF THE PARENT WHO LIVES IN THE MARITAL HOME? Suggested Answer: No. Rule 1910.16-6(e) specifically provides that the award of a mortgage contribution is discretionary and that there is no mandate for the award in all cases. Further even if the trier of fact determines that an award should be made there is no mandate as to the amount of the award, other than that it cannot exceed 50% of the amount of the mortgage expense that is in excess of 25% of the obligee's income, including amounts awarded in child support and spousal support/APL. Therefore, since there is no mandated amount, only a cap, rather than apply a mechanical formula, it is incumbent upon the trier of fact to take into consideration all of the economic realities and financial circumstances of the parties before any such award is made. These considerations would include determining the effect of any such award on the two households. Husband submits that when such financial circumstances and economic realities are considered, it would be clear that there should be no award of any mortgage contribution, and certainly none at the 50% maximum rate set forth in 1910.16-6(e). BASED ON THE INCOME A_ND EXPENSES OF THE PARTIES AND CONSIDERINC THEIR FINANCIAL CIRCUMSTANCES, SHOULD HUSBAND BE ORDERED TO MAKE A MORTGAGE CONTRIBUTION AS PART OF HIS CHILD SUPPORT OBLIGATION'? Suggested ~nswer: No. Under the financial circumstances of this case, and considering the amount of mortgage payment being made by Wife and rental payment being made by Husband, Wife still is far better off financially than Husband is. Requiring Husband to make a mortgage contribution to his non-dependent spouse, under the guise of it being part of 6 DAVID L. JOHNSON/8.29.02 SUPPORT APPEAL child support amount, will be financially devastating to him and will permit Wife to have at her disposal far more spendable income than her Husband. With respect to the APL claim in the divorce action, such an award will defeat the purpose of defeats the purposes of an award of APL which is to put the parties on a Paragraph with each other in prosecuting or defending a divorce action. Thus it is improper to require Husband to make any mortgage contribution as part of his support obligation. SHOULD HUSBAND BE GRANTED CREDIT FOR THE $260.00 HE PAID DIRECTLY TO WIFE AS SUPPORT PAYMENTS AFTER THE DATE OF FILING OF THE CHILD SUPPORT CASE.? Suggested Answer: Yes. After the filing of the child support action by Wife, Husband paid her $260.00 in child support by way of direct deposit into her checking account. This amount was not known at the time of the support conference and therefor was not considered. Parties are entitled to credit against arrears for any payments made by the obligated party. REOUESTED OUTCOME: A hearing de novo should be held before the Special Support Master, Michael Rundle, Esquire. After the hearing is completed an order should be entered calculating the child support and spousal support/APL without consideration or inclusion of any mortgage contribution and giving Husband, David L. Johnson, credit for the $260.00 in direct support payments he made to Plaintiff, Terri L. Johnson, after the filing of the child support case. RELEVANT FACTS: The following facts are relevant in this appeal (many of which have been or will be agreed upon by the parties) and/or will be established at the hearing: The parties were married on 11/27/92. The parties separated on 5/4/02. 7 DAVID L. JOHNSON/8.29.02 SUPPORT APPEAL 6 o 7 ° 8 o 10. 11. 12. 13. The parties are the parents of one (1) minor child, Ian David Johnson (born 9/10/94) (the "Child"). The child resides with Wife in the marital home. On 5/21/02, Wife initiated a divorce action against David L. Johnson by the filing of a Divorce Complaint in Cumberland County, PA, Docket no. 02-2494 Civil Term. On 7/9/02, Wife filed a Child Support Complaint seeking support for the Child with Cumberland County Domestic Relations, Docket No. 00597 S 2002. On 8/12/02 Husband filed a Complaint for Spousal Support with Cumberland County Domestic Relations, Docket No. 00713 S 2002. On 8/14/02, Husband filed an Answer and Counterclaim in the Divorce action on 8/14/02. In that counterclaim he raised a claim for APL. Wife's gross income is $55,000.00 per year. Based on her tax filing status of head of household with 2 exemptions her net income is $3,527.46 per month. Husband's gross income is $30,000.00 per year. Based on his tax filing status of married filing separately with one exemption he has a net income of $1,950.31 per month. Wife incurs day care expenses for the child in the amount of $339.00 per month. Husband incurs expenses for medical insurance coverage for himself, Wife and the child in the amount of $33.65 per week $145 82 per month. ' Subsequent to the filing of the child support action Husband paid Wife $260.00 in child support on the dates and in the amounts set forth on the following Table #1: 8 DAVID L. JOHNSON/8.29.02 SUPPORT APPEAL 14. 15. 7/12/02 $60.00 7/26/02 $100.00 8/4/02 $100.00 TOTAL $260.00 Husband did not receive credit for these payments as that information was not provided to the conference officer prior to the time the order was entered. Wife resides in the marital home with the child. The mortgage for that home is $1,785.00 per month. Husband lives in a rented apartment at a cost of $500.00 per month. 16. 17. Wife is not a dependent spouse as her earnings ($3,527.46 net/mo.) are substantially greater than Husband's earnings ($1,950.31 net/mo). For the period from 7/9/02 through 8/13/02, the following Table #2 represents the applicable financial information and calculations of adjustments to the parties income to determine their cash flow:~,2 1 The figures on Table #2 have been taken from Domestic Relations "Summary of Trier of Fact" attached hereto as Exhibit "A". The child support, after adjustments for health insurance and day care cost, was calculated at $363.55, plus the mortgage contribution of $451.50 for a total of $815.00 per month. This was arrived at by mechanical application of Rule 1910.16-6(e) at the maximum 50% contribution amount. 2 The figures in the 4~n and 5~n columns are the net adjusted available income remaining to that party after receipt or payment of the amounts in the 2nd column(Wife) or the 3rd columl/ (Husband). The figures are based on cash flow and demonstrate net adjusted available income after payment of expenses. The figures in the 6~n column are the difference between Wife's adjusted available income minus Husband's adjusted available income. 9 DAVID L. JOHNSON/8.29.02 SUPPORT APPEAL NET MONTHLY 3,527.46 1,950.31 3,527.46 1,950.31 INCOME WIFE'S EXCESS INCOME HUSBAND'S 354.58 (354. 3,882.04 1,595.73 2,286.31 WIFE'S EXCESS BASE CHILD SUPPORT AMT. INCOME CHILD CARE (186.12) (102.88) 3,695.92 1,492 85 2 203.07 WIFE'S EXCESS COST ~ ' ' INCOME HUSBAND'S (93.91) (51.91) 3,602.01 1,440.94 2,161 07 WIFE'S EXCESS INS.PREM. ~ ' INCOME MORTGAGE and (1,785.00) (500.00) 1,817.01 940.94 876.07 WIFE'S EXCESS RENT s INCOME HUSBAND'S 451.50 (451.50) 2,268.51 489.44 1,779.07 WIFE'S EXCESS MTG. CONTR. INCOME TOTALS 2,268.51 489.44 2,268.51 489.44 1,779.07 WIFE'S EXCESS INCOME 18. Based on the calculations set forth on Table #2 the following appears: Before consideration of the amount and payment of mortgage and rental expenses by the parties, Wife would have $2,161.07 more in income than Husband. 3 The child care costs were determined as follows: $339.00 (actual cost) - $50.00 (child care tax credit) = $289.00. Husband's share was determined to be $102.88. Thus Wife's share is $289.00 - $102.88 = $186.12. Each party's share of the child care cost was used as a deduction from income as an expense he or she incurs. Husband's share was not added to Wife's income since it is not really income that Wife has available to meet her expenses. 4 Husband's health insurance premium is $33.65/week or $145.82/mo. Wife's share was determined by Domestic Relations to be $93.91. Therefore Husband's share is $145.82 - $93.91 = $51.91 5 Husband's rent as reported on his Income and Expense statement is $500.00/mo. The mortgage on the marital home in which Wife resides is $1,785.00/mo. 10 DAVID L. JOHNSON/8.29.02 SUPPORT APPEAL b0 After consideration of and deduction for the payment of the mortgage and rent, Wife would have $876.07 more in income than Husband. After consideration of and adjustment for the maximum mortgage contribution of $451.50 included as part of the child support order, and after the payment of the mortgage and rent, Wife would have $1,779.07 more in available income than Husband. 19. Based on this figures set forth in Table #2, Wife had no need for the mortgage contribution. She would have $1,817.01 in available cash to pay all of her other expenses after she makes this mortgage payment without any contribution towards the mortgage from Husband. Husband, on the other hand, has only $940.00 left after he makes his rental payment, roughly half of the amount remaining to Wife. Husband cannot afford to make any such mortgage contribution. If the full amount of $451.50 were awarded, Husband would be subsisting on only $489.84 per month with which to pay all of his other living expenses, while such an award would leave Wife with $2,268.51, which is $1,779.07 more than Husband's remaining income and 3.64 times greater than Husband's remaining income. Therefore, if Rule 1910.16-6(e) is found to be constitutional, it is submitted that the court should not exercise its discretionary powers to make an award of mortgage contribution to be paid by Husband as part of his child support obligation. 20. For the period from 8/14/02 and forward, the following Table #3 represents the applicable financial information and calculations of adjustments to the parties income to determine their cash flow:6, 7 6 The figures on Table #3 are based on Domestic Relations "Summary of Trier of Fact" attached hereto as Exhibit ~'A". Pursuant to Rule 1910.16-4, Domestic Relations calculated Husband's APL/spousal support at $630.86, adjusted the incomes and calculated the child support at $478.11 plus a mortgage contribution of $470.68, for a total child support to $948.79. The $630.86 spousal support/APL was then subtracted from the $948.79 child support to arrive at the net child support was $318.00 per month. ?See Footnote 2. 11 DAVID L. JOHNSON/8.29.02 SUPPORT APPEAL NET MONThlY 3,527.46 1,950.31 3,527.46 INCOME SPOUSAL (630.86) 630.86 2,896.60 SUPPORT/APL ADJUSTMENT (0.19) (239.73) 2,896.41 FOR TAXES HUSBD~ND'S 429.57 (429.57) 3,325.98 BASE CHILD SUPPORT AMT. 1,950.31 1,577.15 WIFE'S EXCESS INCOME 2,581.17 2,341.44 1,911.87 CHILD CARE (159.82) (129.18) 3,166.16 1,782.69 COST 8 HUSBAND'S (80.64) (65.18) 3,085.52 1,717.51 INS. PREM. 8 MORTGAGE AND (1,785.00) (500.00) 1,300.52 1,217.51 RENT ~0 MTG. CONTR. TOTALS 470.50 (470.50) 1,771.02 747.01 1, 747.01 1,771.02 747.01 315.43 WIFE'S EXCESS INCOME 554.97 1,414.11 1,383.47 1,368.01 83.01 1,024.01 1,024.01 WIFE'S EXCESS INCOME WIFE'S EXCESS INCOME WIFE'S EXCESS INCOME WIFE'S EXCESS INCOME WIFE'S EXCESS INCOME WIFE EXCESS INCOME WIFE EXCESS INCOME s The child care costs = $339.00 (actual cost) - $50.00 (child care tax credit) = $289.00. Husband's share = $129.18. Wife's share = $289.00 - $129.18 = $159.82. Each party's share of the child care cost was used as a deduction from income as an expense he or she incurs. Husband's share was not added to Wife's income since it is not really income that Wife has available to meet her expenses. 9Husband's health insurance premium is $33.65/week or $145.82/mo. Wife's share is $80.64. Husband's share is $145.82 - $80.64 = $65.18 ~0 Husband's rent as reported on his Income and Expense Statement is $500.00/mo. The mortgage on the marital home in which Wife resides is $1,785.00. 12 DAVID L. JOHNSON/8.29.02 SUPPORT APPEAL 21. 22. Based on the calculations set forth on Table #3 the following appears: Before consideration of the amount and payment of mortgage and rental expenses by the parties, Wife would have $1,368.01 more in income than Husband.~ After consideration of and deduction for the payment of the mortgage and rent, Wife would have $83.01 more in income than Husband.~2 After consideration of and adjustment for the maximum mortgage contribution of $470.50 included as part of any child support order, and after the payment of the mortgage and rent, Wife would have $1,024.01 more in available income than Husband. ~ Based on this figures set forth in Table #3, Wife had no need for the mortgage contribution. She would have $1,300.52 in available cash to pay all of her other expenses after she makes this mortgage payment without any contribution towards the mortgage from Husband. Husband, on the other hand, has $1,217.51 left after he makes his rental payment. Husband cannot afford to make any such mortgage contribution. If the maximum 50% mortgage contribution of $470.50 were to be awarded, Husband would be subsisting on only $741.01 per month as compared to $1,771.02 per month for Wife, which amount is $1,024.01 more than Husband's remaining income. Therefore, if Rule 1910.16-6(e) is found to be constitutional, it is submitted that the court should not exercise its discretionary powers to make an award of mortgage contribution to be paid by Husband as part of his child support obligation. ~This amount takes into consideration the adjustment between the $630.86 spousal support/APL - $478.11 child support (429.57 base + $129.18 day care - $80.64 insurance) for a net spousal support/APL of $201 68 to be paid to Husband. ' ~2See footnote 10. ~3See footnote 10. 13 DAVID L. JOHNSON/8.29.02 SUPPORT APPEAL WHEREFORE, Defendant, respectfully requests that: 1. A hearing de novo be held in the above captioned cases; An award of $363.55 in child support be entered from the period from 7/9/02 through 8/13/02. 3 o Credit be give against that award in the amount of $260.00 for direct payments. Effective 8/14/02, the child support be terminated based on a offset of the APL amount. Effective 8/14/02 an award of spousal support or APL be entered in favor of Husband in the net amount of $153.75 per month, which net amount considers the child support offset. Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for David L. Johnson VERIFICATION I verify that the statements made in the foregoing APPEAL AND REQUEST FOR HEARING DE NOVO are true and correct. I understand that false statements herein are made subject to the penalties of relating to unsworn falsification to 18 Pa.C.S. Section 4904, authorities. DAVID L. JOHNSON Date: September 3, 2002 15 DAVID L. JOHNSON/8.29.02 SUPPORT APPEAL CERTIFICATE OF SERVICe. AND NOW, this 4th day of September, 2002, I, Diane G. Radcliff, Esquire, hereby certify that I have this day served a true and correct copy of the foregoing document upon the following named person, by mailing the same by first class mail, postage prepaid, addressed as follows: Debra Denison Cantor, Esquire 2331 Market Street Camp Hill, PA 17011 Michael Fisher Attorney General of the Commonwealth of Pennsylvania Strawberry Square, 16th floor Harrisburg, PA 17120 Respectfully submit~ D L -- SQUIR Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID# 32112 EXHIBIT "A" DOMESTIC RELATION'S TRIER OF FACT SUMMARY In the Court of Common Pleas of CUMBERLANO County, Pennsylvania DOMESTIC RELATIONS SECTION PACSES Case Number: 771104653. Docket Number: 00597 S 2002 Other State ID Number: Please note: All correspondence must include the PACSES Case Number. AUGUST 23, 2002 SUMMARY OF TRIi~J~ OF FACT Plaintiff Information TERRI L. JOHNSON Address: 134 ROUND RIDGE RD MECHANICSBURG PA 17055-9201 Defendant Information DAVID L. JOHNSON Address: APT B 104 E MAIN ST SHIREMANSTOWN PA 17011-6311 YORK PA 17402-2127 Attorney: RADCLIFF DIANE G Employer: Employer: BOWMANSDALE FAMILY PRACTICE AWI STE 101 600 ARSENAL RD 1 KACEY CT MECHANICSBURG PA 17055-92 Attorney: CANTOR DEBRADENISON [] Complaim for Suppoa 07/09/02 [] Petkion for Modific~ion Filed [] Other Reason for Conference: WIFE FILED FOR CHILD SUPPORT UNDER THE ;LBOVE DOCKET. HUSBAND FILED FOR SPOUSAL SUPPORT ON 8/12/02 AND ALIMONY PENDENTE ON 8/14/02. WIFE IS REQUESTING CONSIDERATION FOR A HIGH MORTGAGE PAYMENT. Dependent(s) IAN DAVID JOHNSON 09/lO/94 159-76-8615 Currem Order: $o.oo /per month NEW ACTION Service Type M Form CM-022 Worker ID 210 0 5 JOHNSON v. JOHNSON Plaintiff Information STIPULATED N~T~-~ (64 %) $2896.46/M NET WITH $631/M ...~55%) PACSE~ Case }qumber: 771104651 Defendant Information ~341.44/M NET WITH $631/M Tax Return: H-2 P-1 Medical Coverage: COVERAGE AT A COST~~3'65/~// OF HOUSING ALLOWANCE WITH NO APL=882/M HOUSING ALLOWANCE WITH APL=844/M Other Info~:umtion: /-~27/92: PARTIES WERE MARRIED / 5/4/02: PARTIES SEPARATED '~7/9/02: WIFE FILED FOR (~4T?J% SUPPORT ~/12/02: HUSBAND FILED FOR SPOUSAL SUPPORT /14/02: HUSBAND FILED FOR APL /UNDER RULE 1910-16-4(e) "SUPPORT OBLIGATIONS WHEN CUSTODIAL PI~w__~NT OWES SPOusAL SO~PORT"~ WIFE WOULD OWE ~631.86 FOR APL OR SPOUSAL SUPPORT. _1785.00 - 882 X 50% = 451.50 ADDITIONAL FOR MORTGAGE 1785.00 - 844 X 50% = 470.50 ADDITIONAL FOR MORTGAGE 363.55 + 451.50 = 815.05/M CHILD SUPPORT W/ NO OBLIGATION FOR APL(7/9-8/13/02) 478.11 + 470.50 = 948.61/M CHILD SUPPORT W/ APL 948.61 - 630.86 = 317.75/M CHILD SUPPORT (8/14/02-->) Service Type M Page 2 of 3 Form CM-022 Worker ID 210 0 5 Jom~so~ v. Other Infonaation (continued): PACSES Case Number: 771104651 Facts Agreed Upon: NET INCOMEs Facts in Dispute and Contentions with Respect to Facts in Dispute: Guideline Amount: $ 478.11 / MONTH DRS Recommended Amount: $ zls. 00 /MONTH DRS Recommended Order Effective Date: 08/x4 / 02 Parties to be Covered by Recommended Order Amount: ON~ CHILD Guideline Deviation: x YES or NO Reason for Deviation: RULE 1910.16.4(E) AND RULE 1910.16-6 (E) Submitted by: R. J. SHADDAY Date Prepared: AUGUST 23, 2002 Service Type M Page 3 of 3 Form CM-022 Worker ID 21005 ~i?rot~iii In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DAVID L. JOHNSON VS. TERRI L. JOHNSON Plaintiff Defendant ) Docket Number ) ) PACSES Case Number ) ) Other State ID Number 02-2494 CIVIL 933104787 ORDER OF COURT YOU, TERRI LYIqlqE JOHNSON 134 ROD-ND RIDGE RD, MECHANICSBURG, PA. 17055-9201-34 plaintiff/defendant of are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the NOVEMBER 14, 2002 at I:30PM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, ~ '~ 3. verification of child care expenses, and ~,~ 4. proof of medical coverage which you may have, or may have available to you .-~,. 5. information relating to professional licenses -~ ~ ~ Form CM-509 Worker ID 21006 Service Type M JOHNSON V. JOHNSON PACSES Case Number: 933104787 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. An appropriate order may be entered against either party based upon the evidence presented without regard to which party initiated the support action. Date of Order: BY THE COURT: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP: CUMBERLA/qD CO BAR ASSOCIATION 2 LIBERTY AVE CARLISLE PA 17013-3308-02 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cr.~m~.RUU~-O County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 · All arrangements must be made at least 72 hours prior to any heating or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Worker ID 21006 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DAVID L. JOHNSON ) Docket Number Plaintiff ) vs. ) PACSES Case Number TERRI L. JOHNSON ) Defendant ) Other State ID Number 02-2494 CIVIL 933104787 ORDER OF COURT You, DAVID LEE JOHNSON plaintiff/defendant of APT B, 104 E MAIN ST, SHIREMANSTOWN, PA. 17011-6311-04 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the NOVEMBER 14, 2002 at i:30PM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, ~ ~ 3. verification of child care expenses, and ?: ~-~ 4. proof of medical coverage which you may have, or may have available to you :: !~-~_,~, 5. information relating to professional licenses ·~c~,~ :~:~ 6. other: Form CM-509 Service Type M Worker ID 2100 t5 JOHNSON v. JOHNSON PACSES Case Number: 933104787 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a wan'ant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. An appropriate order may be entered against either party based upon the evidence presented without regard to which party initiated the support action. Date of Order: BY THE COURT: JUDGE YOU HAVE ~ RIGHT TO A LAWYER, WHO MAY ATTEND TI-W~ HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP: CUMBERLAND CO BAR ASSOCIATION 2 LIBERTY AVE CARLISLE PA 17013-3308-02 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: {717) 240-6225 · All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Worker ID 21006 TERRI L. JOHNSON Plaintiff V. DAVID L. JOHNSON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 771 '104651 NO. 597 SUPPORT 2002 DAVID L. JOHNSON. Plaintiff V. TERRI L. JOHNSON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 428'104757 NO. 713 SUPPORT 2002 TERRI L. JOHNSON Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION DAVID L. JOHNSON. Defendant PACSES NO. 933'104787 NO. 02-2494 CIVIL TERM INTERIM ORDER OF COURT AND NOW, this 20th day of November, 2002, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: In the case docketed to 597 Support 2002, for the period of July 9, 2002, through August 11, 2002, the husband shall pay to the State Collection and Disbursement Unit for transmission to the wife as support for his child, lan David Johnson, born September 10, '1994, the sum of $700.00 per month. For the period of August 12, 2002, through September 30, 2002, the husband shall pay to SCDU as support for said child the sum of $191.00 per month. C. The husband shall be credited with the sum of $260.00 on arrearages to the case docketed to 597 Support 2002. TERRI L. JOHNSON, Plaintiff V. DAVID L. JOHNSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC REL~,TIONS SECTION PACSES NO. 771104651 NO. 597 SUPPORT 2002 DAVID L. JOHNSON, Plaintiff V. TERRI L. JOHNSON, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 428104757 NO. 713 SUPPOP, T 2002 TERRI L JOHNSON, Plaintiff V. DAVID L. JOHNSON, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 933,104787 NO. 02-2494 CIVIL TERM SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on November 14, 2002, the following report and recommendation are made: FINDINGS OF FACT 1. The wife is Terri L. Johnson, who resides at 403 North Walnut Street, Mechanicsburg, Pennsylvania.1 2. The husband is David L. Johnson, who resicles at 104 East Main Street, Apartment B, Shiremanstown, Pennsylvania. 3. The parties are husband and wife having married on November 27, 1992. The parties will be referred to as "wife" and "husband" because of the :multiple actions. Exhibit "A" The parties separated on May 4, 2002, when the husband moved from the marital residence situated at 134 Round Ridge Road, Mechanicsburg, Pennsylvania. 5. The parties are the parents of one minor child, lan David Johnson, born September 10, 1994. Said child resides with the Plaintiff. 6. On May 21, 2002, the wife filed a complaint for divorce to the case docketed to 02-2494 Civil Term. 7. On July 9, 2002, the wife filed a complaint for child support docketed to 597 Support 2002. 8. On August 12, 2002, the husband filed a complaint for spousal support to the case docketed to 713 Support 2002. 9. On August 14, 2002, the husband filed an Answer and Counterclaim in the divorce action raising therein a claim for alimony pendente lite. 10. The wife is employed as a physician's assistant and has a stipulated net monthly income of $3,527.46. 11. Husband is employed as a sales representative and has a stipulated net monthly income of $1,950.31. 12. The wife incurs child care expenses of $339.00 per month. 13. The husband incurs expenses for health insurance covering the parties and the child of $145.82 per month. 14. Subsequent to the filing of the complaint for child support the husband made direct payments to the wife totaling $260.00. 15. The marital residence was sold on or about October 25, 2002, and the net proceeds of the sale totaling approximately $20,000.00 are being held in escrow in the divorce action. 16. The wife made the mortgage payments on the marital residence of $1,785.00 per month inclusive of principal, interest, taxes and insurance through September 30, 2002. 17. The husband pays rent in the amount of $500.00 per month. 18. The wife, since moving from the marital residence, pays rent in the amount of $960.00 per month. 19. An altercation arose between the parties on or about April 17, 2002, in which the husband pushed the wife out of the bathroom of the marital residence after which the wife struck the husband on the head one time with her hand. 20. During the altercation the husband slipped on a carpet, fell, and struck his head on furniture thereby requiring several stitches. 21. Neither party filed a protection from abuse action. 22. After the altercation the wife told the husbend that she wanted a divorce and that she wanted the husband to move from the marital residence. 23. The husband voluntarily moved from the residence on May 4, 2002. DISCUSSION When the original complaint for child support was filed by the wife on July 9, 2002, there was no claim by the husband for either spousal support or alimony pendente lite. Consequently the initial calculation will be of the husband's obligation to support his son. Both parents must contribute to the support of their child in accordance with their relative incomes and ability to pay. Depp v. Holland, 636 A.2d. 204 (Pa. Super. 1994). The parties have stipulated to their net monthly incomes for support purposes. With the wife's net monthly incomE: of $3,527.46 and the husband's net monthly income of $1 951.31, the basic', support requirement for one ch d is $996.00.2 The Defendant's proportionate share of that amount is $354.58. With the adjustment for the $339.00 per month child care paid by the wife and the $145.82 per month health insurance paid by the husband, the husband's monthly child support obligation under the guidelines is $363.55.3 This brings us to the first issue of contention between the parties. The wife and child were residing in the marital residence when the complaint was filed, and the wife was paying a monthly mortgage expense on the jointly-owned home of $1,785.00. The wife has requested an adjustment to the monthly support obligation because of the extraordinarily high mortgage payment pursuant to Pa. R.C.P. 1910.16-6(e) which provides: (e) Mortgage Payment The guidelines assume that the spouse occupying the marital residence will be solely responsible for the mortgage payment, real estate taxes, and homeowners' insurance. Similarly the Court will 2pa. R.C.P. 1910.16-3. 3 See Exhibit A for the guideline calc~ation. assume that the party occupying the marital residence will be paying the items listed unless the recommendation specifically provides otherwise. If the obligee is living in the marital residence and the mortgage exceeds 25% of the obligee's net income (including amounts of spousal support, .APL, and child support), the Court may direct the obligor to assume up to 50% of the excess amount as part of the total support award. For purposes of this subdivision, the term "mortgage" shall include first mortgages, real estate taxes, and homeowner's insurance, and may include any subsequent mortgages, home equity Icans, and any other obligations incurred during the marriage, which are secured by the marital residence. The husband has challenged the Constitutionality of the foregoing procedural rule. In order to avoid the need for a lengthy treatise on equal protection under the law, this Master elects instead to look to Pa. R.C.P. 1910.16-5, the procedural rule which covers deviations to the guidelines, for guidance in this case. A support order calculated pursuant to the guidelines is presumed to be correct, but the presumption may be rebutted by evidence that the guideline amount is unjust or inappropriate under the circumstances of the case. Landis v. Landis, 691 A.2d. 939 (Pa. Super. 19'97). Pa. R.C.P. 1910.16-5 sets forth the factors which the trier of fact must consicler in determining whether to deviate from the guidelines. One of these factors is "unusual fixed obligations."4 A monthly mortgage payment of $1,785.00 is viewed by this Master as an "unusual fixed obligation" for a single parent household when that parent has an annual income of only $55,000.00. Consequently a recommendation will be made to deviate from the guideline amount of support as calculated above and set the Defendant's support ob gation commencing July 9, 2002, at $700.00 per month.5 ' On August 12, 2002, the husband filed a complaint for spousal support. Two days later he filed a claim for alimony pendente lite. Because orders for spousal support and alimony pendente lite cannot run concurrently,6 these claims will be analyzed in the chronological order in which they were filed. In ruling on the issue of liability for spousal support the trier of fact is guided by the maxim that a dependent spouse is entitled to support until it is proven that conduct on the part of the dependent spouse constitutes grounds for a fault divorce. Crawford v. Crawford 633A.2d. 155 (Pa. Super. 1993). The party seeking to nullify the duty to pa½ spousal support bears the burden of proving conduct on the claimant's part by clear and convincing evidence. Hoffman v. Hoffman, 762 A.2d. 766 (Pa. Super. 2000). A corollary to the basic 4 Pa. R.C.P. 1910.16-5(b)(1) 5 It should be noted that the deviation of approximately $336.00 per month is less than thc maximum adjustment that could have been made had this Master elected to employ Pa. R.C.P. 1910.16-6(e). 6 Pa. R.C.P. 1910.16-1(c) maxim, however, states that a dependent spouse who voluntarily departs the marital residence without the consent of his or her spouse forfeits his right to support unless he or she can establish that the departure was justified by adequate legal cause. McKolanis v. McKolanis, 644 A.2d. 1256 (Pa. Super. 1993). The facts leading up to the separation are, for the most part, not in dispute. On or about April 17, 2002, the parties got into a verbal altercation that escalated into a physical altercation. The husband was preparing to give the child a bath. The wife was in the midst of a heated verbal dispute with him and followed him into the bathroom. The husband told her to leave the room so he could bathe the child. When she refused to do so, he. pushed her with his hands out of the room and attempted to close the door. The wife, however, put her foot in the doorway and prevented it from closing. The wife reentered the bathroom and struck the husband on his head with her hand. The husband grabbed the wife's arms and they somehow ended up in the bedroom where the husband slipped on a carpet, fell, and hit his head on furniture. Neither party had any recollection of the subject of the verbal altercation. At some point in time after this incident the wife told her husband that she wanted a divorce and that she wanted him to leave the marital residence. He acceded to her request and moved from the house on May 4, 2002. Absent from the record is testimony of any discord between the parties other than the incident described above. The husband's departure from the home clearly was not without the consent of his wife. Not only did she consent to his leaving, she requested it. Consequently the holding in McKolanis does not apply to this factual scenario. Therefore, the burden is on the wife to show by clear and convincing evidence that the husband's conduct constituted grounds for a fault divorce. Grounds for a fault divorce are set forth in 23 Pa. C.S. Section 3301(a) which states: Section 3301. Grounds for Divorce. (a) Fault. The Court may grant a divorce to the innocent and injured spouse whenever it is judged that the other spouse has: (1) Committed willful and malicious desertion and absence from the habitation of the injured and innocent spouse, without a reasonable cause, for the period of one or more years. (2) Committed adultery. (3) By cruel and barbarous treatment endangered the life or health of the injured and innocent spouse. (4) Knowingly entered into a bigamous marriage while a former marriage is still subsisting. (5) Been sentenced to imprisonment for a term of two or more years upon conviction of having committed a crime. (6) Offered such indignities to the innocent and injured spouse as to render that spouse's condition intolerable and life burdensome. The conduct of the husband complained of by the wife was his physically pushing her from the bathroom and grabbing her by the arms after she had struck him. Clearly Subparagraphs (a)(2), (4), and (5) are not applicable to this case. Subparagraph (a)(1) does not apply because the wife requested the husband to leave the home. Therefore, the departure was not "malicious" and "without a reasonable cause." Subparagraph (a)(3) does not apply because the physical conduct complained of was not "cruel and barbarous," nor did it endanger her life or health. Lastly, subparagraph (a)(6) is not applicable. "Indignities" must be a course of conduct, not a single act, which makes the Claimant's life intolerable and condition burdensome. Beaver v. Beaver, 460 A.2d. 305 (Pa. Super. 1983). The acts committed by the husband in this case occurred during the single incident on April 17, 2002. No testimony was presented by the wife to establish any course of conduct on her husband's part. Consequently she has failed to meet her burden of proof by clear and convincing evidence that conduct on the part of her husband constituted grounds for a fault divorce. Therefore, she is liable for spousal support effective August 12, 2002. Pa. R.C.P. 1910.16-4(e) covers the factual situation such as this case where the non-custodial parent has a duty to pay child support, but the custodial parent has a duty to pay spousal support. The rule states, in part, as follows: (e) Support Obligations When Custodial Parent Owes Spousal Support. VVhere children are residing with the spouse obligated to pay spousal support (custodial parent) and the other spouse (non- custodial parent) has a legal obligation to support these children, the guideline amount of spousal support shall be determined by offsetting the non-custodial parent's obligation for support of the children and the custodial parent's obligation of spousal support, and awarding the net difference to the non~custodial parent as spousal support. The rule then provides a four-step procedure for calculating the obligation. In Step 1 the spousal support obligation of the custodial parent is calculated based upon the net incomes from the spousal support formula without dependent children, i.e. utilizing the 40% multiplication factor. This results in a calculation of $631.00.7 In Step 2 the net incomes of the parties are recomputed by adding the figure from Step 1 to the income of the husband payee and deducting it from the wife payor. In Step 3 the child support obligation is recalculated utilizing the new recomputed incomes. With $631.00 added to his income as spousal support, the husband now has gross monthly income of $3,131.00. Filing his federal taxes as married/separate, his new net monthly income becomes $2,390.00.8 The wife's new net monthly income after the tax deductions and after deducting the spousal $3,527.00 - $1,950.00 = $1,577.00. $1,577.00 x 40% = $631.00. See Exhibit B for the tax deductions from gross income. support payment of $631.00 is $2,938.00.9 Utilizing the recomputed net monthly incomes of $2,938.00 and $2,390.00, the support requirement for the child is now $975.00 per month, and the husband's proportionate share of that is $437.00. After the child care and health insurance adjustments, his monthly support obligation for child support under the guidelines wouh:l be $486.00?o Again, however, a deviation continues to be made as set forth above. Added to the $486.00 is the $336.00 deviation, resulting in a monthly obligation of $822.00. In Step 4, the spousal support obligation of Step 1 is offset against the child support obligation of Step 3. This results in a net child support obligation effective August 12, 2002, of $191.007 When the martial residence was sold on October 25, 2002, the basis for the deviation in child support is eliminated. Therefore,, the child support calculation in Step 3 above is $486.00. The Step 4 calculation offsets the child support against the spousal support obligation of Step 1. This results in a spousal support obligation of $145.00? Because the, wife made the mortgage payments on the martial residence through September 30, 2002, the effective date of the suspension of the child support obligation and the imposition of the spousal support obligation will be October 1, 2002. Because liability for spousal support has been found in this case and because awards of spousal support and APL cannot run concurrently, the claim for APL will be dismissed. The parties do not dispute that the husband made direct payment to the wife totaling $260.00 following the filing of the original complaint. This sum will be credited to his arrearages in the child support action. RECOMMENDATION In the case docketed to 597 Support 2002, for the period of July 9, 2002, through August 11, 2002, the husband shall pay to the State Collection and Disbursement Unit for transmission to the wife as support for his child, lan David Johnson, born September 10, 1994, the sum of $700.00 per month. For the period of August 12, 2002, through September 30, 2002, the husband shall pay to SCDU as support for said child the sum of $191.00 per month. The husband shall be credited with the sum of $260.00 on arrearages to the case docketed to 597 Support 2002. See Exhibit B for the tax deductions from gross income. ]o See Exhibit C for the guideline calculation. $822.00 - $631.00 = $191.00. ~2 $631.00 - $486.00 = $145.00. The husband shall pay 36% of unreimbursed medical expenses incurred by said child as that term is defined in Pa. R.C.P. 1910.16- 6(c). The wife shall pay the balance thE; said expenses. Effective October 1, 2002, the husband's obligation to make monetary child support payments as set forth above shall be suspended; provided, however, that the obligation to pay unreimbursed medical expenses incurred by said child shall remain in full force and effect. Effective October 1, 2002, in the case docketed to 713 Support 2002 the wife shall pay to SCDU for transmission to the husband as spousal support the sum of $145.00 per month. Any arrearages existing on the case docketed to 597 Support 2002 on October 1, 2002, shall be credited to the case docketed to 713 Support 2002. The husband's claim for alimony pendente lite in the case docketed to 02-2494 Civil Term is denied. Date Michael R. R,undle Support Master In the Court of Common Pleas of Cumberland County, Pennsylvania Defendant Name: David L. Johnson Plaintiff Name: Terri L. Johnson Docket Number: PACSES Case Number: Other Case ID Number: 597 s 2002 771104651 1. Number of Dependents in this Case 2. Total Gross Monthly Income 3. Less Monthly Deductions 4. Monthly Net Income Line 2 minus Line 3 $1,950.31 $1,950.31 5 a. Combined Total Monthly Net Income Amounts on Line 4 Combined 5 b. Derivative Soc. Sec. Benefits Paid to Child(ren) 5 c. Adjusted Combined Total Monthly Net Income 6 a. Child Support Obligation based on Adjusted Income (Line 5c) 6 b. Less Derivative Soc. Sec. Benefits (Line 5b) 6 c. Basic Child Support Obligation From Rule 1910.16-3 Basic Child Support Schedule 7. Net Income as a Percentage of Combined Amount 8. Each Parent's Monthly Share of the Child Support Obligation 9. Adjustment for Shared Custody Rule 1910.16-4 (c) (# of Overnights: ) 10. Adjustment for Child Care Expenses Rule 1910.16-6 (a) 11. Adjustment for Health Insurance Premiums Rule 1910.16-6 (b) 12. Adjustment for Unreimbursed Medical Expenses Rule 1910.16-6 (c) 13. Adjustment for Additional Expenses Rule 1910.16-6 (d) 14. Total Obligation with Adjustments Line 8 minus Line 9, plus Lines 10,11,12,13 15. Less Split Custody Counterclaim Rule 1910.16-4 16. Obligor's Support Obligation Line 14 minus Line 15 $5,477.77 $996.00 35.60 $354.58 $102.88 -$93.91 $363.55 $363.55 Prepared by: mrr I Date: 11/14/2002 $3,527.46 $3,527.46 64.40 $641.42 Sl. PACSES Multiple Family AdJustment S2. Spousal Support Award S3. Adjustment for Excess Mortgage Payments (If Applicable) S4. Final Calculated Support Obligation Line 16 (or S1, if applicable) plus Line S2 and S3, if applicable TAX INFORMATION Tax Method Filing Status SS. Defendant 1040 ES Married Filin,q Separately S6. Plaintiff 1040 ES Head of Household S7. Total Support Amount if Deviating from Guidelines Calculation I Monthly: Weekly: $363.55 $83.67 Exemptions 1 2 Monthly: Weekly: S8. Justification for Deviating from Guidelines Calculation and/or Other Case Comments: SupportCalc 2002 Exhibit "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Plaintiff Name: Terri L. Johnson Defendant Name: David L. Johnson Docket Number: PACSES Case Number: Other State ID Number: Tax Year: 1. Fling Status Married Filing Head of Separately Household 2. Who Claims the Exemptions Obligee 3. Number of Exemptions 1 2 4. Monthly Taxable Income $3,131.00 $4,583.33 5. Deductions Method 6. Deduction Amount $327.08 $575.00 7. Exemption Amount $250.00 $500.00 8. Income MINUS Deductions and Exemptions $2,553.92 $3,508.33 9. Tax on Income $431.05 $531.08 10. Child Tax Credit $41.67 11. Manual Adjustments to Taxes - 12. Federal Income Taxes $431.05 $489.41 12 a. Earned Income Credit - 13. State Income Taxes $87.67 $128.33 14. FICA Payments $191.25 $350.63 15. City Where Taxes Apply --Select-- 16. Local Income Taxes $31.31 $45.83 TOTAL Taxes $741.28 $1,014.20 SupportCalc 2002 Exhibit "B" In the Court of Common Pleas of Cumberland County, Pennsylvania Defendant Name: David L. Johnson Plaintiff Name: Terri L. Johnson Docket Number: PACSES Case Number: Other Case liD Number: 1. Number of Dependents in this Case 2. Total Gross Monthly Income 3. Less Monthly Deductions 4. Monthly Net Income Line 2 minus Line 3 5 a. Combined Total Monthly Net Income Amounts on Line 4 Combined 5 b. Derivative Soc. Sec. Benefits Paid to Child(ren) 5 c. Adjusted Combined Total Monthly Net Income 6 a. Child Support Obligation based on Adjusted Income (Line 5c) 6 b. Less Derivative Soc. Sec. Benefits (Line 5b) 6 c. Basic Child Support Obligation From Rule 1910.16-3 Basic Child Support Schedule 7. Net Income as a Percentage of Combined Amount 8. Each Parent's Monthly Share of the Child Support Obligation 9. Adjustment for Shared Custody Rule 1910.16-4 (c) (# of Overnights: 10. Adjustment for Child Care Expenses Rule 1910.16-6 (a) 11. Adjustment for Health Insurance Premiums Rule 1910.16-6 (b) 12. Adjustment for Unreimbursed Medical Expenses Rule 1910.16-6 (c) 13. Adjustment for Additional Expenses Rule 1910.16-6 (d) 14. Total Obligation with Adjustments Line 8 minus Line 9, plus Lines 10,11,12,13 15. Less Split Custody Counterclaim Rule 1910.16-4 (d) 16. Obligor's Support Obligation Line 14 minus Line 15 Prepared by: mrr I Date: $3,131.00 $741.28 $2,389.72 44.85 $437.29 $129.62 -$80.52 $486.39 $486.39 11/15/2002 $4,583.33 $1,645.20 $2,938.13 $5,327.85 $975.00 55.15 $537.71 Sl. PACSES Multiple Family Adjustment S2. Spousal Support Award 83. Adjustment for Excess Mortgage Payments (If Applicable) 84. Final Calculated Support Obligation Line 16 (or S1, if applicable) plus Line S2 and S3, if applicable Monthly: $486.39 Weekly: $111.94 TAX INFORMATION Tax Method 85. Defendant 1040 ES 86. Plaintiff 1040 ES Filing Status Exemptions Married Filing Separately 1 Head of Household 2 S7. Total Support Amount if Deviating from Guidelines Calculation Monthly: Weekly: s8. Justification for Deviating from Guidelines Calculation and/or Other Case Comments: SupportCalc 2002 Exhibit "C" TERRI L. JOHNSON, Plaintiff VS. DAVID L. JOHNSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2494 Civil Term : : CIVIL ACTION-LAW : IN DIVORCE 21,2002. 2. AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divome 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. DAVID L. JOHNSO~ ~'~ TERRI L. JOHNSON, Plaintiff VS. DAVID L. JOHNSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2494 Civil Term : : CIVIL ACTION-LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. DAVID L. JOHNSON TERRI L. JOHNSON Plaintiff V. DAVID L. JOHNSON Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2494 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO WITHDRAW ECONOMIC CLAIMS TO THE PROTHONOTARY OF THE SAID COURT: Upon following Defendant, the entry of the Divorce marked economic claims David L. Johnson, in the Ix] equitable distribution [x] alimony pendente lite [x] alimony Ix] counsel fees and costs Decree, please withdraw the heretofore raised by the above captioned matter: Respectfully submitted, D~ A~L~r-RA~C L I F F, ESQUIRE 34~8 Tri~e Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 I.D. No. 32].12 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERR1 L. JOHNSON : Plaintiff : : V. : : DAVID L. JOHNSON : Defendant : NO. 02-2494 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MARITAL AGREEMENT BETWEEN DAVID L. JOHNSON AND TERRI L. JOHNSON TABLE OF CONTENTS INTRODUCTION AND PREAMBLE ....................................................................... 1 SECTION I General Provisions ......................................................................................................... 2 SECTION II Distribution of Property ................................................................................................. 9 SECTION III Distribution of Debts ..................................................................................................... 13 SECTION IV Counsel Fees, Alimony, Spousal Support, Child Support, and Child Custody ............. 14 SECTION V Closing Provisions and Execution ................................................................................. 18 Notary Page ................................................................................................................... 19 Marital Distribution Schedule ..................................................................................... 20 INTRODUCTION THIS AGREEMENT made this'~I~ay o~, 2003, by and between TERRI L. JOHNSON, (Wife") of 403 North Walnut Street, Mechanicsburg, PA 17055, and DAVID L. JOHNSON, ("Husband") of 104 E. Main Street, Apt. #2, Shiremanstown, PA 17011. WITNESETH: WHEREAS, the parties hereto are husband and wife, having been married on November 27, 1992 in Camp Hill, Cumberland County, Pennsylvania, and separated on May 2, 2002. WHEREAS, There were one (1) Child born of this marriage: lan D. Johnson, born September 10, 1994, (the "Child"). 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: THIS SPACE INTENTIONALLY LEFT BLANK -1- 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. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Husband and Wife to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. 1.03. DIVORCE DECREE The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fanlt Divorce Decree in the above captioned Cumberland County divorce action docketed to No. 02-2494 Civil Term and filed on May 21, 2002. Both parties shall execute Consents to Divorce and Waivers of Notice of Intention to Seek Entry of Final Decree contemporaneously with the execution of this Agreement. Husband shall immediately file a Praecipe to withdraw his Counterclaim and both parties shall file Praecipe to withdraw any additional counts in this action. If either party fails or refuses to finalize said divome or execute and file the documents necessary to finalize the divorce, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement, in which event the parties shall be restored to the same legal position each had been immediately prior to the execution of this Agreement, and either party may then proceed with the litigation of any claims heretofore raised in this divome action the same as of this Agreement has never been executed by the parties. 1.04. EFFECT OF DIVORCE DECREE Unless otherwise specifically provided herein, 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. 1.05. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered -2- with respect to them. 1.06. NON-MERGER This Agreement shall not 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. 1.07. DATE OF EXECUTION 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. 1.08. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 1.09.ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel: Diane G. Radcliff, Esquire for Husband, and Joanne Harrison Clough, Esquire, for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the 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. 1.10. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. The parties further acknowledge that the financial disclosure has included the disclosure of the marital assets and debts set forth on the "Marital Distribution Schedule", attached hereto, marked Exhibit "A" and made a part hereof, and that it is the parties' intent to distribute those assets and debts in accordance with the distribution set forth therein. 1.11. 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 -3- obligations, including the right to question the other patty 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. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: Inventory: The right to obtain an inventory of all marital and separate property as defined by the Pennsylvania Divorce Code. Bo Income and Expense Statement: The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of court. Discovery: The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is specifically ordered by the court. Determination of Marital and Non-Marital Property: The right to have the Court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the Court determines to be marital. Other Rights and Remedies: The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. 1.12. 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 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 entered into. -4- 1.13. SOCIAL SECURITY BENEFITS The parties agree that, subject to the Rules and regulations of the Social Security Administration, each of the parties shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be often (10) or more years in duration. 1.14. PERSONAL RIGHTS Husband and Wife may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 1.15.MUTUAL RELEASES Except as other wise 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: 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; Dower, Curtesv, Widows Rights: Any and all rights and claims of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; 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) any other country; 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. -5- 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. 1.16. WAIVER OR MODIFICATION TO BE IN WRITING 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. 1.17.MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, 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. 1.18. 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. 1.19. 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. 1.20.OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith, (and within at least twenty (20) days after demand therefor), execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and/or as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 1.21. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same in -6- the future, nor shall it be construed as a waiver of strict performance of any other obligations herein, nor shall it be construed as a waiver of any subsequent default of the same or similar nature. 1.22. 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, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: Specific Performance: The right to specific performance of the terms of this Agreement, in which event the non-broaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. 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. 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. D. Other Remedies: Any other remedies provided for in law or in equity. 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 shall 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. 1.23.LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 1.24. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall remain valid and continue in full force, effect -7- and operation. Likewise, the failure of either party to meet his or her obligations under this Agreement under any one or more of the paragraphs hereunder, with the exception of the satisfaction of a condition precedent, shall in no way avoid or alter the remaining obligations of the parties. 1.25. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 1.26. INCOME TAX MATTERS With respect to income tax matters regarding the parties the following shall apply: 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, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. 1.27. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) 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. 1.28.MANNER OF GIVING NOTICE Any notice required by this Agreement shall be sent to a party at the address listed on page 1 above, or such other address as that party may from time to time designate. 1.29. 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. -8- 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. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since May 2, 2002, the date of the panics' marital separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph. 2.03. WAIVER OF INHERITANCE Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. 2.04. 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. 2.05. PERSONAL PROPERTY With respect to the tangible personal property of the parties including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property"), the parties agree as follows: Division: Husband and Wife do hereby acknowledge that they have previously divided the Personal Property. Hereafter Wife agrees that all of the Personal Property in the possession -9- of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the Personal Property in the possession of Wife shall be the sole and separate property of Wife. Monetary Adjustment: The foregoing notwithstanding the parties agree that upon the execution of this Agreement Wife shall pay Husband the sum of $1,000.00 for her retention of times previously requested by Husband. Waiver: The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the Personal Property which shall become the sole and separate property of the other. 2.06. VEHICLES, BOATS AND THE LIKE With respect to the vehicles, boats, snowmobiles, motorcycles and the like owned by one or both of the parties, or the trade in value thereof, identified and valued on Exhibit "A", incorporated by reference hereto, ("the Vehicles") if the Vehicles have been sold or traded in prior to the date of this Agreement, the parties agree as follows: A. Wife's Vehicle(s): The 1992 Ford Explorer shall be the sole and separate property of Wife. B. Husband's Vehicle(s): The 1999 Saturn shall be the sole and separate property of Husband. Co Identification: Identification of a Vehicle herein shall include not only the Vehicle, but also the sale or trade-in value thereof if it had been sold or traded in prior to the date of this Agreement. Transfer of Titles: The titles to the Vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. Eo Title and Power of Attorney: For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title to the Vehicle is unavailable due to financing arrangements or otherwise. Fo Liens: In the event any Vehicle is subject to a lien or encumbrance the party receiving the Vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance. Waiver: Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the Vehicles that shall become the sole and separate property of the other party pursuant to the terms of this Paragraph. - 10- 2.07. RETIREMENT AND PENSION PLANS Except as set forth in Section 2.09 herein, each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or other retirement type plans of the other party, whether acquired through said party's employment or otherwise, identified and valued on Exhibit "A", incorporated by reference hereto, ("the Retirement Plans"). Hereafter the Retirement Plans shall become the sole and separate property of the party in whose name or through whose employment said plan or account is held or carried. If either party withdraws any sums from the Retirement Plans distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. 2.08. BANK ACCOUNTS/STOCK/LIFE INSURANCE The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, bonds, shares of stock, investment plans and life insurance cash value, identified and valued on Exhibit "A", incorporated by reference hereto, ("the Accounts"). Hereafter Wife agrees that all the Accounts held in the name of Husband shall become the sole and separate property of Husband; and Husband agrees that all the Accounts held in the name of Wife shall become the sole and separate property of Wife. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in the Accounts that are to become the sole and separate property of the other pursuant to the terms hereof. 2.09. ESCROW ACCOUNT AND ADJUSTMENT PAYMENT The parties received the amount of $20,446.69 in proceeds from the sale of the parties' marital home, which amount was deposited into an escrow account with PNC, which escrow account had a balance as of June 20, 2003 of $20,642.47. (hereinafter referred to as the "Escrow Account"). In furtherance of the parties' intended distribution of the marital assets and debts and other miscellaneous terms set forth on the "Marital Distribution Schedule" attached as Exhibit "A" the following shall apply to the Escrow Account: $4~489.06 Distribution to Husband: The first $4,489.06 of the funds in the escrow account shall be paid to Husband representing reimbursement of his pre-marital contribution to the acquisition of the parties' previous marital home. Distribution of Remaining Balance: The remaining funds in the Escrow Account shall be divided into two equal shares, one assigned to Husband ("Husband's Assigned Share") and one assigned to Wife, (Wife's Assigned Share"). Husband's Assigned Share shall be paid to Husband. Wife's Assigned Share shall be distributed as follows: Payment of Support Arrears: Payment of any support arrears owing on the spousal support order entered in the spousal support case docked to No. 713 Support -11- 2002, Pacses No. 421804757, upon termination of that order effective the date of this Agreement; Pavment to Equalize Division: Payment of the amount of $7,509.53 to Husband to equalize the distribution of the parties' marital assets as set forth on the Marital Distribution Schedule attached hereto as Exhibit "A"; 3. Payment to Wife: Payment of the remaining balance if any to Wife. Insufficiency Pavment: In the event Wife's Assigned Share is not sufficient to pay Husband the amount of $7,509.53 set forth in subparagraph D.2. of this Section, then Husband shall be paid the balance of Wife's Assigned Share remaining after payment of the support arrears set forth in subparagraph D.1 of this Section. In such event, Husband shall be paid the difference between the said $7,509.53 minus the payment made to Husband of the said balance of Wife's Assigned Share, to be paid, at Wife's sole option and election, either in cash or by way of transfer of said amount from her Heritage Medical Group 401K Plan to an IRA account to be established by Husband pursuant to a qualified domestic relations order ("QDRO") to be prepared and processed by Wife. Wife's shall provide Husband with written notice of her election of the method of payment within five(5) business days of the date of determination of the amount owed to Husband pursuant to the terms of this Section. 2.10. TAX PROVISIONS The parties believe and agree that the division of property made to be made pursuant to the terms of this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax returns. THIS SPACE INTENTIONALLY LEFT BLANK - 12- SECTION III DISTRIBUTION OF DEBTS 3.01. WIFE'S DEBTS Wife represents and warrants to Husband that since the parties' marital separation she has not contracted or incurred any debt or liability for which Husband or his estate might be responsible. Wife further represents and warrants to Husband that she will not contract or incur any debt or liability after the execution of this Agreement for which Husband or his estate might be responsible. Wife shall indemni~y and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 3.02. HUSBAND'S DEBTS Husband represents and warrants to Wife that since the parties' marital separation he has not contracted or incurred any debt or liability for which Wife or her estate might be responsible. Husband further represents and warrants to Wife that he will not contract or incur any debt or liability after the execution of'this Agreement for which Wife or her estate might be responsible. Husband shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 3.03. MARITAL DEBT The parties acknowledge and agree that there are no marital debts owing except the debt for husband's Saturn, assumed by Husband pursuant to the terms of Section 2.06 herein. Therefore, no further provision is necessary for the distribution of any such debts. If, contrary to the above stated acknowledgment, there are debts in the parties' individual names, then in such event any and all such individual debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Wife's sole name, and not otherwise provided for herein, shall be the sole and separate liability of Wife; and any and all such individual debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband's sole name, and not otherwise provided for herein, shall be the sole and separate liability of Husband. 3.04. INDEMNIFICATION Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, hut 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. THIS SPACE INTENTIONALLY LEFT BLANK -13- SECTION IV ALIMONY, SPOUSAL SUPPORT, CHILD CUSTODY, AND CHILD SUPPORT 4.01. 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. 4.02. ALIMONY AND SUPPORT Except as hereafter provided, each of the parties hereby waives 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. With respect to the foregoing, the following shall apply: Spousal Support: The existing spousal support order entered in the spousal support action docketed to No. 713 Support 2002, Pacses No. 428104757, shall terminate as of the date of the Agreement. Bo Spousal Support Arrears: The remaining arrears on the spousal support case existing upon termination shall be paid by Wife from Wife's Assigned Share of the Escrow Account as set forth in Section 2.09 herein. Ct Alimony: In consideration of Wife's waiver of child support for the period from the date of this Agreement through December 31, 2004, set forth in Section 4.03.A.. herein, which waiver is and was a material inducement to Husband to enter into this Agreement, Husband waives any right and/or claim he may have, both now and in the future, against Wife for alimony. In the event Wife seeks and obtains an order for child support payable during the said period from the date of this Agreement through December 31, 2004, then during that time period Wife shall owe Husband alimony during that time period for the same amount as the child support amount, which alimony amount shall be offset against the child support amount so that there are no sums payable for either alimony or child support during that time period. 4.03. CHILD SUPPORT With respect to child support payable by Husband to Wife for the support of the Child, the following shall apply: Temporarv Waiver of Child Support: As a material inducement to Husband to enter into this Agreement, and in exchange for husband's waiver of alimony set forth in Section 4.02 herein, Wife waives any right and/or claim she may have against Husband for child support - 14- for the Child during the period from the date of this Agreement through December 31,2004. In the event Wife seeks and obtains an order for child support payable during the said period from the date of this Agreement through December 31, 2004, then during that time period Wife shall owe Husband alimony for the same amount as the child support amount, which alimony amount shall be offset against the child support amount so that there are no sums payable for either alimony or child support during that time period. Health Insurance and Medical Expenses: As part of the temporary waiver of child support herein provided it is further agreed that Husband shall be required to continue to maintain health insurance coverage for the minor child, as long as said insurance is available through his employer, and Husband must pay forty percent (40%) of any non-covered health, medical, dental, orthodontic, or vision expenses for the child after wife satisfies the first $250.00 of said expenses each calendar year. Reinstitution of Child Support: Effective January 1, 2005, and if Wife still has primary custody of the Child, Husband shall owe Wife child support in Wife's child support action docketed to Cumberland County Docket No. 597 Support 2002, Pacses No. 771104651, in an amount to be determined under the then existing State Support Guidelines. To facilitate the determination of that child support amount, and to assist in any negotiations to reach an agreement of that amount, each of the parties shall provide the other party with his or her 2004 W-2 statement(s) on or before February 1, 2005. Nuptial Agreement -College Expenses: Both parties specifically acknowledge and agree that the provisions of their Nuptial Agreement executed on the 21 st day of December 1992, shall remain in full force and effect as it relates to college education expenses for their son. A true and correct copy of said Nuptial Agreement is attached hereto as Exhibit "B" to this Agreement. 4.04. CUSTODY With respect to the legal and physical custody, the parties agree as follows: Legal Custody: The parties shall share and have joint legal custody of the Child. Each party shall be entitled to participate, jointly with the other party, in all major non-emergency decisions affecting the Child's health, education, religion and general well being. Pursuant to the foregoing the following each party shall be entitled to access to any and all information, persons, entities and documentation regarding the same so that informed decisions can be made. B. Physical Custody: The following shall apply regarding physical custody of the Child: 1. Primary Custody: Mother shall have primary physical custody of the Child. -15- Partial Custody: Father shall have partial physical custody of the Child in accordance with the following set forth schedule. Alternating Weekends: Each party shall have physical custody of the Child on alternating weekends from Friday after school or Camp until Sunday at 6:00 p.m. After-School Care or Mid-Week Period: Husband shall have physical custody of the Child after school or Camp until mother gets off of work. Holidays: The parties shall have physical custody of the Child on the following holidays or special days in accordance with the following schedule: HOLIDAY TIMES ODD EVEN YEARS YEARS Easter Entire weekend until 6:00 p.m. on Father Mother Easter Day Memorial Day Entire weekend until 6:00 p.m. on Father Mother Memorial Day Independence Day Evening of July 3rd until 6:00 p.m. on Father Mother July 4th Labor Day Entire weekend until 6:00 p.m. on Mother Father Labor Day Thanksgiving Day Wednesday before Thanksgiving Day Mother Father until 6:00 p.m. on Thanksgiving Day Christmas Eve Day Noon on 12/24 until 11:00 a.m. on Mother Father 12/25 Christmas Day 11:00 a.m. until 6:00 p.m. on 12/25 Father Mother Mother's Day Entire weekend until 6:00 p.m. on Mother Mother Mother's Day Father's Day Entire weekend until 6:00 p.m. on Father Father Father's Day Child's Birthday: The parent who does not have physical custody of the Child on the Child's birthday shall have the right to have two (2) hours of birthday visitation that day or the day before or after, as mutually agreed by the parties for the purposes of a birthday celebration. o go Summer Vacation Time: Each party shall be entitled to two (2) uninterrupted weeks of custodial time with the Child during the summer under and subject to the following terms and conditions: at Consecutive or Non-Consecutive: The weeks are to be exercised in two (2) non-consecutive one (1) week periods. Times: Each week shall be from Friday after school or camp until the following Friday after school or camp. Each week shall encompass the selecting party's regular alternating weekend. Switching: If said scheduling set forth in subparagraph b above is not possible or practical, then the party selecting the custodial time period that encompasses the other party's regular alternating weekend shall switch weekends with the other party so that neither party has custody for more than 2 consecutive weekends. The weekend to be switched with shall be the weekend immediately preceding or succeeding the vacation week, which selection shall be at the option of the non-selecting party Advance Notice: Each party must provide the other party with at least thirty (30) days advance notice of his or her intention to exercise each of these custodial weeks. Conflict: Should conflict arise between the selection of said weeks the first party to notify the other Party of his or her selection shall have the right to exercise custody on the weeks selected and the other party shall select other times for his or her weeks so as to avoid any conflicts. Modification: Nothing shall prevent the parties from modifying the above schedule from time to time as mutually agreed to by both parties. THIS SPACE INTENTIONALLY LEFT BLANK -17- SECTION V CLOSING PROVISIONS AND EXECUTION 5.01. 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. 5.02. FACSIMILE SIGNATURE Each party agrees to accept and be bound by facsimile signatures hereto. 5.03. BINDING EFFECT BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF 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: Date: ~::~""2 q-03 TERI~I L~I~SON (SEAL) Date: 7/3 3 -18- COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ~/j,rv/xe~,d~,-~-t.~4.~ day of ~ ,2003, before me the undersigned officer, personally On this the appeared, DAVID ~ ~-HNSON, 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. Camp Hill B~ gu~lber~md Counbl J My Corem ~a ~fl E~p res ~,~+ 23 9003 Member, Penna~ NOTARY PUBLIC My Commission Expires: COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ~9~kl,LJOd/tL/~ On this the ~r~C] day of ~ ,2003, before me the undersigned officer, personally appeared, TERRI L. JOHNSON, l~wn to Ime (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. CASSANDRA T. ROSENBAUM, Nota~7 Public NOTARY PUBLIC Camp Hill Boro, Cumberland Coumy My Commission Expires: / o~-/~//~ ¢ My Commission Expires December 4, 2004 -19- EXHIBIT "A" MARITAL DISTRIBUTION SCHEDULE AND MISCELLANEOUS TERMS DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE OF ASSET DISTRIBUTION DISTRIBUTION VALUE OR LIABILITY TO HUSBAND TO WIFE Escrow Funds from Sale of 134 Round Ridge Road, 10.25.02 Mechanicsburg, PA; Sold on 10.25.02 for net of $20,446.69`/ Husband's 1999 Saturn KBB Trade in Good Value 5,860`/; $7,979.79 loan balance-r; Net value of ($2,119.79) Americhoice Saturn Loan-/ Wife's 1992 Ford Explorer KBB Trade in good value $3,290.00-/ Delaware Investments 4.17.02 Wife's PSECU 01 Regular share account-/ 4.30.02 Wife's PSECU 04 Checking account -/ 4.30.02 Member's 1st Joint Checking 5.1.02 # 131419 Suffix 11; (Wife retained)-/ Member's 1st Joint Savings 5.1.02 # 131419 Suffix 00; (Wife Retained)-/ Americhoice Savings Account #33537; 4.30.02 (Husband retained)-/ Member's 1 st checking account #166586 5.1.02 (Husband retained)`/ Member's 1st savings account #166586 5.1.02 (Husband retained)-/ Husband's Associated Wholesalers Salary Savings 6.30.02 Plan-/ See Notes See Notes See Notes 0.00 0.00 Entire Balance 3,290.00 Entire Balance 3,290.00 1,494.58 1,494.58 133.03 133.03 994.62 994.62 163.77 163.77 1,466.29 25.39 25.39 1,005.54 1,005.54 37.34 37.34 3,028.94 3,028.94 1,466.29 Husband's CDC Investment Funds IRA cashed in by 7.23.02 husband (roll over of Tastycake retirement)`/ Husband's Tastycake Retirement Pre-nuptial date of Agreement Value marriage Wife's Heritage Medical Group Retirement 4,922.07 4,922.07 (2,900.00) (2,900.00) 13,596.05 13,596.05 .~.~.~ll~'l~l,~llllli~ ~..,~.,.~, . . ,,,,,.,., .. Total of Assets and Liabilities I 27,257.62 I 6,119.28 I 21,138.34 - 20 - DESCRIPTION OF PROPERTY OR LIABILITY I DATE OF ............... L_vALuE Totals from Above Percentage of Total Totals from above Amount Due in 50/50 Division Adjustment Figure for 50/50 I VALUE OF ASSET DISTRIBUTION I DISTRIBUTION OR LIABILITY TO HUSBANDI TO WIFE 27,257.62 6,119.28 21,138.34 j 0.22I 0.78 I~ Kt,--" _.['~t'. ~.-~,:~:~- '. · ~',;. ~'.' ~:. ,,,,,~',, ,~,....,;'7,...,.,.:. ' , .:... , .,..." 27,257.62 6,119.28 21,138.34 13,628.81 13,628.81 7,509.53 (7,509.53) NOTES: Escrow Funds: The marital home sale proceeds held in escrow by Attorney Clough will be divided as follows: c. The first $4,489.06 would be distributed to husband. The remainder would be divided into two shares, one assigned to wife and one assigned to husband. {$20,446.69 - $4,489.06 = $15,957.63/2= $7,978.82) Husband's share, $7,978.82 + his share listed in subparagraph a above, $4,489.06, for a total of $12,467.88 ($7,978.82 + $4,489.06 = $12,467.88) will be paid to him. Wife's share, $7,978.82, will be used to pay off the support arrears owed to Husband as of the date of the signing of an agreement, which payment shall be made to Domestic Relations so that proper credit is received. If any funds remain in wife's share, they would be paid to wife, subject however, to the provisions of Paragraph 3 below regarding adjustment for distribution of remaining assets. o Personal Property: the division of personal household goods and furnishings shall remain as is. Wife, however, shall pay husband $1,000.000 for the items he had previously requested. R~ining Assets: The remaining assets would be divided on a 50/50 basis. An adjustment payment of $7,509.53 is due husband as indicated in the above Analysis. Wife's portion of the escrow funds will be used to pay this adjustment amount. To the extent the escrowed funds are not sufficient, then the remaining adjustment will be paid by granting husband an interest in her retirement by QDRO. 4 o Debts: Each party will pay their own debts, and those debts will not otherwise be considered in the overall 50/50 division of assets. -21 - N U'P T I A L A G R E E M E N T This Written Agreement, made this j/-~/day of December, 1992, by and between TERRI L. NEFF of Danville, Pennsylvania, and DAVID L. JOHNSON, of Camp Hill, Pennsylvania is made to confirm and verify their agreement made in advance of their wedding on November 27, 1992. Article I - Purpose Intent to Define Property Riqhts The parties to this Agreement intend and desire to define their respective rights in the property of the other, and to avoid such interests which, except for the operation of this Agreement, they might acquire in the property of the other as incidents of their marriage relationship. Article II - Recitals Disclosure of Property Both parties to this Agreement have made to each other a full and complete disclosure of the nature and extent, and probable value, of all their property, estate, and expectancy. The personal, property described in the attached Exhibit A is and shall remain the sole and separate property of Terri L. Neff. The property described in the attached Exhibit B is and shall remain the sole and separate property of David L. Johnson. It is understood that the figures and valuations contained in Exhibit A and B, which are hereby incorporated by reference, are approximately correct and not necessarily accurate, but are read this Agreement, understands that his this Agreement. intended to be reasonably accurate. Representation by Independent Counsel. Terri L. Neff hereby admits and acknowledges that she has been represented by counsel in the negotiation of this Agreement; that the counsel representing the parties was of her own choosing; and that the Agreement has been read by her and has been explained to her by such counsel as to its meaning and legal consequences. David L. Johnson hereby states that he was advised that he should be represented by counsel, independent of counsel retained by Terri L. Neff, in the negotiation of this Agreement. He further states that he has voluntarily chosen not to be represented by independent counsel and that he waives any entitlement to be so represented. He acknowledges that he has that he understands its provisions, and legal rights and obligations are affected by David L. David L. receive, Article III - Aqreements Mutual Release of Marital RiGhts Terri L. Neff does hereby covenant and agree with Johnson that she will neither during the lifetime of Johnson nor after his death take, claim, demand or and does hereby waive and release all rights, claims, titles, and interest, actual, inchoate, or contingent, in law and equity which she might, by reason of her marriage to David L. Johnson, acquire in his property or estate as set forth in Exhibit B. David L. Terri L. Terri L. receive, titles, Johnson does hereby covenant and agree with Neff that he will neither during the lifetime of Neff, nor after her death take, claim, demand or and does hereby waive and release all rights, claims, and interest, actual, inchoate, or contingent, in law and equity which he might, by reason of his marriage to Terri L. Neff, acquire in her property or estate as set forth in Exhibit A. Real Estate The parties acknowledge that prior to the marriage, David L. Johnson purchased certain real estate situated in Cumberland County, with a street address of 16 Walnut Lane, Camp Hill, Pennsylvania, for the amount of $78,000 and which real estate secures a mortgage with Fleet Mortgage having a current principle balance in the approximate amount of $60,700. The parties acknowledge their intent to reside in this property after marriage and to contribute to the payment of the principal mortgage in the same proportion that their individual income bears to the total family income. So long as the necessary approvals are obtained from the holders of the principal mortgage and any secondary mortgages, David L. Johnson agrees to have prepared and to record a Deed conveying this property to David L. Johnson and Terri L. tenants by the entireties, within ninety the marriage. Neff, his wife, as (90) daYs of the date of Should the ~rriage end in divorce, this property shall be sold at fair market value and the net proceeds (after payment of the mortgage(s) and all customary and reasonable expenses coincident to the sale) shall be divided as follows: David L. Johnson will receive the first $17,300 less any balance remaining on the Home Equity Loan repaid at settlement; the balance of the net proceeds shall be split in the same proportion that each paid on the mortgage during marriage as compared to the total payments made on the mortgage during the marriage. Should one party wish to "purchase" the interest of the other, the fair market value of the property shall be determined by an independent appraiser selected by agreement of the parties and the cost of the appraisal shall be shared equally. In the event they cannot agree on the appraiser, each party shall engage an appraiser at his/her own expense and the valuations shall be averaged to arrive at the fair market value. Aqreement to Join in Execution of Other Instruments. Both parties covenant that they shall willingly, at the request of either party, or his or her successors or assigns, execute, deliver, and properly acknowledge whatever additional instruments may be required to carry out the intention of this Agreement, and shall execute, deliver, and properly acknowledge any deeds or other documents in order that good and marketable title to any property can be conveyed by one party free from any claim of the other party. Responsibility For Debts of the Other. Both parties desire that they not be responsible for the debts of the other accumulated to the time of the signing of this Agreement, nor for any debts contracted hereafter unless both parties have expressly agreed to assume the same. For this purpose, the following existing debts, shall be the sole and separate responsibility of Terri L. Neff: 1. Geisinger VISA, approximate amount: $2,000.00 2. Student Loan, approximate amount: $2,700.00 For this purpose, the following existing debts shall be the sole and separate responsibility of David L. Johnson: 1. Loan for Ring, approximate amount: $ 800.00 2. Home Equity Loan, approximate amount: $7,316.00 Voluntary Gifts Not Prohibited Either party shall have the right voluntarily to transfer or to convey to the other any property or interest therein which may be lawfully conveyed or transferred during his or her lifetime, or by Will or otherwise upon death, and neither party intends by this Agreement to limit or restrict in any way the right and power of the other to receive any such voluntary transfer or conveyance. Any such voluntary transfer or conveyance shall be deemed to be a voluntary gift, and shall not in any way be deemed a waiver or abandonment of this Agreement. Post-Hiqh School Education of Children of the Marriaqe If any children are born of the marriage, the parties agree that after any such child reaches age eighteen (18) years, they will both provide for the costs of the child's education, not to exceed four years of education, with the assumption that the child will also contribute at least one-third of these costs through employment and/or loans. Each party shall pay in the same proportion which his/her income bears to the total of their two incomes. Breaching Party to Pay Costs If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, either to sue for specific performance or for damages for such breach, and the party breaching this Agreement shall be responsible for reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. Amendment This Agreement encompasses all agreements between the parties concerning the matters set forth herein and no part may be altered or omitted except in writing executed by the parties. The waiver of any term, condition or provision of this Agreement shall in no way be deemed a waiver of any other term, condition or provision of this Agreement. General Provisions If any term, condition or provision of this Agreement shall be determined to be void or invalid in law or otherwise, then only that term, condition or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto have executed this CERTIFICATION The undersigned hereby certifies that she is an attorney at law, duly licensed and admitted to. practice in the Commonwealth of Pennsylvania; that she has been employed by Terri L. Neff, a party to this Agreement, and that she has advised such party with respect to this Agreement and explained to her the meaning and legal effect of it. Terri L. Neff has acknowledged her full and complete understanding of the said Agreement and its legal consequences, and has freely and voluntarily executed the Agreement in my presence. Date: Debra K. Wallet, Esquire 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-1300 should be represented by counsel, independent of counsel by Terri L. Neff, in the negotiation of this Agreement. further state that I have voluntarily chosen not to be represented by independent counsel and that I waive'any entitlement to be so represented. I acknowledge that I have read this Agreement, that I understand its provisions, and understand that my legal rights and obligations are affected by this Agreement. CERTIFICATION David L. Johnson, hereby state that I was advised that I retained I Agreement on the day and year first hereinabove written. COMMONWEALTH OF PENNSYLVANIA : : SS : COUNTY OF cUMBERLAND : On this, the ~/~-'/ day of December, 1992, before me, the undersigned officer, personally appeared TERRI L. NEFF, 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. COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this, the ~/~Y~ day of December, 1992, before me, the undersigned officer, personally appeared DAVID L. JOHNSON, 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. I have hereunto set my hand and IN WITNESS WHEREOF, notarial seal. NOTARIAL SEAL KATRINA J. DASCH, NOTARY PUeLIC CAMp HiLL BORO. CUNBERLAND COUNTY MY CO.~4ISSION EXPIRES ,AJNE 3, 1996 PROPERTY OF TERRI L. NEFF 1986 Mazda 626 401(k) Plan through Geisinger Jewelry: Emerald/Diamond Ring Sapphire/Diamond Ring Garnet/Diamond Ring Sapphire/Diamond Ring Topaz/Diamond Ring Garnet Earrings Diamond Necklace Stereo PSECU Savings (non-vested) $450.00 450.00 100.00 150.00 150.00 150.00 250.00 $5,000.00 630.00 1,700.00 1,000.00 475.00 Exhibit A PROPERTY OF DAVID L. JOHNSON 1984 Toyota Supra 401(k) at TastyKake Cemetery Lot Lawn Mower and Tools $ 3,000.00 2,900.00 2,750.00 800.00 Exhibit B TERRI L. JOHNSON, Plaintiff VS. DAVID L. JOHNSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2494 Civil Term : : CIVIL ACTION-LAW : IN DIVORCE 21,2002. 2. AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the 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. TERRI L. JOHNSON, Plaintiff VS. DAVID L. JOHNSON, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2494 Civil Term : : CIVIL ACTION-LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 he sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Dated: TERRI L. JOHNSON, Plaintiff VS. DAVID L. JOHNSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-2494 Civil Term : : CIVIL ACTION-LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by the Defendant's attorney on the 1st day of June, 2002 by signing an Acceptance of Service. Acceptance of Service was filed with the court August 28, 2002. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Terri L. Johnson, Plaintiff, on July 3, 2003; by David L. Johnson, Defendant, on June 24, 2003. 4. 2003. Related claims pending: Settled by Marital Settlement Agreement dated June 24, 5. Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: July 8, 2003 Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: June 27, 2003 DATED: Respectfully submitted, REAGER & ADLER, PC I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff IN THE COURT OF COMMON TERRI L. JOHNSON OF CUMBERLAND COUNTY STATE OF ~~ PENNA. 02-2494 NO. PLEAS VERSUS DAVID Lo JOHNSON AND NOW, DECREED THAT DAVID L. JOHNSON AND DECREE IN DIVORCE TERRI L. JOHNSON IT IS ORDERED AND · PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION Of THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms of the parties' Marital Settlement Agreement dated June 24, 2003, and attached hereto are ~ incorporated t not merged herewith. THONOTARY