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HomeMy WebLinkAbout95-02626 \ i i '1]\ "... ~ :J:l,i ~. -",,:,- ~}>.:. ~.:'i; :\;.. :0>-, "f:,"'. t~. If;'-;-'~ c.,-,. ~,- < . -'I ~:~. ;7-:-' '^ k I'~~~.' ~I~;- ~~~. > tti>~ ~., ~ (L.. t> !'fe; , i:-i:f_L',- J n ..., ~ " ,::.....:- ;.". r fl.. ....- -coo': .. IF ~,~ d , ~ o , 1 ...' fI r r---.-....--.----- - - --_.- ....--...----, : IN THE COURT OF COMMON PLEAS . I . . . . . . ~ . . ~ ~ . .. ~ ~ OF CUMBERLAND COUNTY ~~ ~,g: STATE OF PENNA. II Of.. ...!<~MBE!l-L'i..C.. JOHNSON, Civil ............. .......T crm 1995 ...P.laintJt! II I II 'I 2 7,lqq~. C~~,~!..f.~~ :.!.1..,.. Vel'SIIS No. .....,262.6..,......, ..~I\Y PI\UL.]()flNSON, And now. fully con.ldered . proceeded 10 determine the ..m. u to I.w .nd ju.tlce .ppert.ln, do .en. tence .nd decree Ih.t . KinQe('ty.C. Johnson...., .........be divorced .nd .ep.r.ted from the nuptl.1 tic. .nd bond. of m.trlmony heretofore contr.cted between he('... ... ....... .,............. the ..Id ..KJ.I\l)e'ly..~..JQl:lJwon ...... 1,I.intlff and the .3id.JAYP.aIolLJ.o.hnsr;m..... .,...,..... d.fend.nt And th.t thereupon 011 and every the dUlle., rig hll .nd c1.lm. .ccruing to elth..r of the ..Id....., ....,~~~~y,c:....Jch~cn or the ..ld..JsY..Psu.1.Joh.f1flCln......,.........., .t .ny time heretofore in purau.nce of .oid m.rrl.ge, .hall ceue .nd determine. .nd the ..Id KIniJer1yC.JlJhns.cll . .. .............. .nd ... ..Jay. Palll Johrmon ... ....., .h.1I . . . l\'tOO(~I.XIOOtIM(lI<<ld\XXX , l6lfIll>IWIXltl'.I<~KlOO\lQOO(XXlOlX~lOOO( . XJ(J(J(lOO(lUOOO(XXXXXlQOO(XXXXXXXXXXJlXXXIo'OO<X.lQ(lUOOO( . UX~~ The Mardage 5ettlemen 8 Agreement dated June 19, 1995 Is hereby incorpor- ~ n y T I. e C (l U r I ated by reference but La nct merged into. thls Decree. ~ ~ .;r(',.~' cJ.t~. L:k ,F)jlt kJ., z , ''// Prothonol.ry .e'{crally be olliberly to m.rry agoin In like m.nner a. If they h.d never been m.rried~~ ~ ~ --...-......~----_.......-..,--.....................----..-..- ~_.~ - ...... ~-_.- .~ .. " . .-... ~"".-'~'~"~ .....~ -~.,,--~_..,.~.,,~.. '." ~ .,--., ' .'~-' .. M ~-----*---------------------- " . MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made the U'day of .-,\...',OJl. , 1995, between Kimberly c. Johnson (hereinafter called "Wife"), of Meohaniceburg, Cumberland County, Pennsylvania, and Jay Paul Johnson (hereinafter called "Husband"), of MechanicsburliJ, Cumberland county, Pennsylvania. WITNESSETH I WHEREAS, the parties hereto are wife and husband, havinliJ been married on Juno 24, 19S9, in MorliJantown, We.t Virginia, and WHEREAS, differences, disputes and difficulties have arisen between the parties in consequence of which they have been living separate and apart from eaoh other and intend to do .0 for the rest of their natural lives, and the partie. hereto are de.irous of settling fully and finally their re.pective financial and property rights and obligation. as between e.ch other, and of settling their custody and visitation riliJht., inclUding without limitation I (a) The settling of all matters between them relatinliJ to the ownership cf real and personal property, (b) The settling of all mfttter. between them relatinliJ to the past, present and future support and maintenance of Wife by Husband, (c) In general, the settling of any and all claim. and possible claims by one against the other cr against thsir respective estates. NOW, THEREFORE, in consideration of the premise. and of 1 the mutual promises, covenants and undertakings hereinatter set torth and tor other good and valuable consideration, receipt ot which i. hereby acknowledged by each of the parties hereto, Wite and Husband, each INTENDING TO BE LEGALLY BOUND hereby, covenant and agree as follows: 1. SeDaration. It shall be lawful for Husband and Wife to live separate and apart from each other nnd to reside trom time to time at euch place or places as they shall respectively deem tit. 2. Divorce. It is specifically understood and agreed by and between the parties hereto, and each of the said parties does hereby warrant and represent to the other that Wite has tiled a Complaint in Divorce in the Court ot Common Please ot Cumberland County, Pennsylvania docketed to 95-2626 civil Term. Husband and Wite hereby agree that each ot them will sign any and all consents, agreements and other documents and take other euch actions necessary to finalize said divorce. J. Lsaal Effect. The provisions of this Agreement are intended to ettect a legally binding property settlement between the parties. Wite has been represented by David R. Gstz, Esquire, and Hueband ia represented by J. Paul Helvy, Esquire. Each party acknowledgee that she or he each has read this Agreement, tully understands the tacte and has been tully intormed as to her or his legal rights and obligations by counsel, and each party acknOWledges and accepta that this Agresment is fair and equitable, that it is being entered into 2 freely and voluntarily and that this Agreement and the execution thereof ia not the reault of any duress, undue influence or collusion. 4. Interference. Each party shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all reapects as fully as if she or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his aeparate use or benefit, conduct, carryon and engage in any business, occupation, prOfession or employment which to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulne.. of the cauaes which led to, or resulted in, the continuation of their living apart. Wife and Husband shall not mole.t, harass, disturb or malign each other or the respective families of each other, nor in any way interfere with the peaceful existence, separate and apart from the other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 5. Diaclosure. Each party asserta that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wherever located belonging in any way to either of them, of all debt a and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received by each party, and of every other fact relating in any way to the subject matter of 3 this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. 6. Names. It is understood that the terms "Husband" and "Wife" are used throughout this Agreement solely as the method of identifying the parties, and such words shall not be construed to have any special meaning or purpose for their use and are not dependent on their marital atatus with each other. 7. Personal Pronertv. The parties agree that all of their personal property ahall be divided according to Schedule A attached hereto, incorporated herein by reference. Husband hereby transfers to Wife all of his right, title and interest in and to all of the property denominated as Wife'a Property on Schedule A, and Wife hereby transfers to Husband all of her right, title and interest in and to all of the property denominated as Husband's property on Schedule A. B. Real ProDertv. Husband and Wife are presently joint owners of property located at 6337 pennsboro Drive, Mechanicsburg, Cumberland county, Pennsylvania (the "Property"). Husband shall be solely responsible for the mortgage, taxes and maintenance of the property. Wife agrees to transfer all rights, title and interest in and to the Property now titled in the name of Husb~nd and Wife as tenants by the entireties, to the Husband, and agrees to immediately execute now or in the future any and all deeds, documents or papers necessary to effect such transfer of title upon request. Huoband ahall pay any oourt filing fees. After Wife's transference of the 4 Property, Wife acknowledges that she has no claim, right, intersst or title whatsoever in said Propsrty and agrees never to assert any claim to said Property in the future. 9. Di.tributi~n of Assets. (a) The parties aqree that Wite and H'.lband each have their own inveetment portfolios and retirement/pension plans. Husband and Wite have exchanged a complete list of as.ets throuqh coun.el. Husband and Wife waive any ~ II interest in one another's portfolios and retirement/pension plans or to any interest or inco.. therein. (b) Husband and Wife have already divided their jointly held bank aooounts and Husband and Wife both weive any interest in one another's bank accounts or to any int.rest or income therein. Husband and Wife ere ourrently co-owners of certain VenGuard inv.st..nt ~~~ .... \<-;11" \ funds with an approximate value of '1,0'8. Husband ~ agrees to pay Wife one-half of the value of said funds as of Jun. 5, 1"5. Hueband aqr.es to make such payment upon the execution of this Agreement. Upon receipt of payment, Wife waives any and all inter.st that she has in said Vanquard funde. In addition to eaid distribution, Husband agreee to pey Wife the su. of $10,000 upon the execution of this Aqrsement. Upon payment of Baid $10,000, Wife waivee any right, title and interest which ehe may have to stock in PICO. / !l (c) lIusband is the owner of a busineas known as Card Express, Inc. Wife agrees to waive any and all right, title and interest which sho may have in and to Husband's business. Wife further acknowledges that ahe has no claim, right, interest or title whatsoever to said busineas and further agrees never to assert any claim to said buaineas in the future. (d) In addition to the distribution of aasets discussed elsewhere in this Agreement, Hueband agrees to pay Wife the aum of One Hundred Eighty Thousand ($180,000.00) Dollars in full aettlement of all of Wife's claims to equitable distribution, support, alimony, and counael fees. Husband agrees to pay said sum as followsl Sixty Thousand ($60,000) Dollars upon ths execution of this Agreement, Sixty Thouaand ($60,000) Dollara six months from the date of thia Agreementl Sixty Thousand ($60,000) Dollars one year from the date of this Agreement. Provided that said payments are made on time, Wife waives any right to interest. said payment is not alimony, but ia a distribution of marital property. The obligation to pay future payments shall be secured by a Note, a copy of which is attached hereto aa Exhibit B. Said Note shall not be recorded unless there is a default in the payment obligations contained therein. Upon payment in full of Husband's obligations, Wife will deliver the original of the Note 6 to Husband, and will also convey her interest in the Property to Husband. 10. Liabilitv for Debts. During ths courae of the marriage, and prior to the date of this Agreement, Husband and Wife have inourred various debts, bills and obligations. Husband and Wife reprssent to ons another that there are no outstanding debts, bills or obligations for which the partiss are jointly responsible, other than the mortgage and other costs related to the Property for which Husband shall be solely reeponsible. 11. Wife'a Debts. Wife represents and warrants to Husband that she has not since the dats of asparation and in the future will not contraot or incur any debt or liability for which Husband or his estate might be rsaponsible and shall indemnify and save harmless Huaband from any and all claim. or demand. made against him or his estate by reasons of debts or obligations incurred by Wife after the date of this Agreemsnt, inclUding costs and counsel fees appertaining thereto. 12. Husband's Debta. Husband represents and warrant. to Wife that he will not aJnce the date of aeparation and in the future will not contract or incur any debt or liability for which Wife or her estate might be reaponsibls and shall indemnify and save harmleas Wife from any and all claims or demands made againat her or her estate by reaaona of dsbts or obligations incurred by lIusband after the date of thia Agreement, inclUding costs and counsel fees appertaining 7 thereto. 13. Lllqal Feee. Husband hereby agrees to be responsible for Husband's legal fees and related expenses. Wife hereby agreee to be responeible for Wife's legal fees and related expenees. Wife and Huaband shall pay equally any and all court costs and filing feee. 14. Survival Ucon Divorce. Thia Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exiat or to auch defense as may be available. It is agreed that this Agreement ahall not be impaired by any divorce decree which may be granted, but shall continue in full force and effect, notwithstanding the granting of any such decree. This Agreement shall be incorporated by reference but ahall not be merged into the final decree in divorce. 15. Mutual Release. Wife and Husband each do hereby mutually remise, release, quit-Claim and forever discharge the other and the estate of auch other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests or claims in or against the property (including income and gain from property hereafter accruing) of the other or againet the eetate of such other, of whatever nature and wheresoever situate, which she or he haa, or at any time hereafter, may have againet such other, the eatate of such other or any part thereof, whether arising out of any former 8 aots, contracts, engagement or liabilities of such other, or by way of dower or curtesy, or claims in the nature of dower or curtesy, or widow's or widowet"'s rights, family exemption or similar allowance, or under an intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other righte of a surviving spouse to participate in a deceaaed spouse's eetate, whether arising under the laws of: (a) Pennsylvania/ (b) any state, commonwealth or territory of the united statee, or (c) any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel feee, co.t. or expenses, except as provided herein, whether arising a. a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whateoever nature arising or which may arise under this Agreement or for the breach of any provisions hereof. It is the intention of Wife and Husband to give to each other by the execution of the Agreement a full, complete and general release with respeot 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 righte, agreements and obligatione of whatsoever nature arising or which may ariee under this Agr.eement or for the breach of any thereof. It is expreuly underatood, however, that neither the provision of thie releaee nor the subsequent entry of a divorce decree are intended (i) to 9 d.f.at the riqht of either party to receive any insuranc. proc..ds at the d.ath of the other of which ehe or h. is the nam.d b.n.ficiary (whether the beneficiary designation waG mad. prior or subsequent to execution hereof), or Iii) to defeat the right of either party to receive any legacy, bequest or r..iduary porti~n of the other'a estate under his or h.r will, or to act as personal representative or executor if so nam.d by the will of the other, whether such will was executed prior to or eub..quent to this A~reement, or (iii) to defeat the right of lith.r party to receive any benefits under the Social s.curity Act or other similar federal or atate laws. 16. Further Documents. Husband and Wife agree to .x.cut. any and all written instrumsnts, assignments, r.l....., d..d. and oth.r documents and writings which from time to ti.e ..y b.com. neo....ry to effectu.te the intent of thi. Agr.em.nt. 17. Entire Aareement. Wife and Husband do hersby cov.nant and w.rrant that this Agreement contains all of the r.pr...ntation., promises and agreements made by either of the. to the other for the purposee set forth in the preamble h.reinabov.; that there are no claims, promises or repr..lntation. not herein contained, either oral or written, which .hall or may be charged or enforc.d or enforceable unl... r.duc.d to writing and signed by both of the patti.. hereto; and the w.iv.r of any term, condition, clause or provision of thi. Agr.ement ehall in no way be deemed to be considered a waiver of any oth.r terms, conditions, clauses or prov1a10ns of this 10 Agreement. This Agreement may be amended by the parties only by a written instrument signed by both parties hereto. 18. Nonwaiver of Performance. This Agreement shall remain in full force and effect unless and until terminated i I j I ! I I I I I I I under and pursuant to the terms of thia Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement ahall not be conatrued as a waiver of any subsequent default of the same or similar nature. 19. Invaliditv. If any term, condition, clause or provision of this Agreement ahall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be atricken from this Agree.ent, and in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 20. Breach. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to aue for such breach at law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for legal fees and coats incurred by the other in enforcing his or her rights under this Agreement. 11 21. Notice. Notice to Husband shall bs sent by certitied mail, return receipt requested, to 6337 Pennsboro Drive, Mechanicsburg, Pennsylvania, 17055, or such other addre.. a. Husband trom time to time may designate in writing. Notioe to Wite shall be sent by certitied mail, return reoeipt requested, to 6259 Stantord Court, Hechanicsburg, Pennsylvania, 17055, or such other address as Wite trom time to time may designate in writing. 22. Governina Law. This Agreement shall be construed in accordance with the laws ot the Commonwealth ot Pennsylvania. 23. Succesaord in Intereat. Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benetit of the parties hereto, their respective heir., executors, administrators, successors or assigns. IN WITNESS WHEREOF, the partiea hereto have set their hands and seals the day and year tirat above written. WITNESS: WIFE: J).~ Jtt= WITNESS: ~// '-\)' '." ( Kimberly c. Jo HUSBAND: JOHNION.AGI Dial' Juno 7, 1995 ~'?~\Dv C~~y -~,~ ..J~~S~f ., ._u_ 12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DnA'Flll1' ss. : fl't., I j On thi., the ~ day of 'Vol':'" 11195, before m., a Notary PUblic, the undersigned officer, personally appeared Kimberly c. JOhn.on, known to me (or satisfactorily proven) to b. the person who.e name is signed to the foregoing instrument and acknowledg.d that she executed the same for the purpos.. th.r.in .xpre.sed. IN WITNESS WHEREOF, I have hereunto set my hand an notarial .eal. EN"~€' ~. NCJ;l'tF:ubl H. Hullliihulg Oauphln CoUtW; 5 c", ..E MOO r. , , M' CI)!l~(l_l:,_~~ COMMONWEALTH OF PENNSYLVANIA COUNTY or VA lIf't-4 I fV BB.I On this, the l!liL day of ~c'">-\.. 19115, before m., a Notary PUblic, tha under.igned off~, p.rsonally appeared Jay Paul Johnson, known to me (or satisfactorily prov.n) to b. the per.on who.. naa. is sign.d to the for.going instruaent and aoknowledg.d that h. .xecuted the same tor the purpo.es therein .xpr....d. IN WITNESS WHEREOF, I have hereunto set my hand an notarial ..al. I }3t, L,~ .... ....[1.... f~' -<., r Notary Public " My Commission Ex resl (SEAL) NtJfdl1tti Stull Ilemore M J8<"'IU.J.lJllIry PWlIo HlIrn'&tltmJ ()Ai.(hn LoU/lty My Com"'....' ~~."'. ~JJ1ll.'1J '88e - attached to the praecipe. We would ask the court that this Agreement be Incorporated by reference, but not merged into the decree. 6. There are no related claims pending. Respectfully submitted, WIX, WENGER & WEIDNER (, -) By:" C""r,\~\. . Dav d R. Getz, Esqu 1.0. #34838 508 North Second Street Post Office Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 DATE I September 22, 1995 JOHNSON.,a. DROl, - 2 - ~ .. :'Y':' :.; ~.- -. , ", :r ~ -, '" a- ... '-'1 1.1'") ~n ~ ~ ~~, \1 \~ 'i, . \ ~' , l,1 >-., I,,; ~ e::: \ :j ',j ~ r ",", \')~- :)-. \'n \,.. r\ ' ~ rl) ~t ~ ~ ~ ~ Cl .. 8 ~~~~~ lll~~~~ ~ ll!~8~~ ' UJiill~~I~ ~g~O~ ~ ~<~~~ - g ~ ~ , . , . . " 6. There have been no prior actions of divorce or for annulment between the parties in this or any other juriadiction. 7. This action ia not collusive. 8. Plaintiff has been advised of the availability of counseling and understanda that she may have the right to request that the Court require the parties to participate in counseling. 9. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a Dscree of Divorce pursuant to Section JJOl(c) of the Pennsylvania Divorce Code of 1980, as amended (the "Divorce COde") . - 2 - Count II - Under Beot~1Dlld} of the Divorce Code 10. Paraqraphe 1 throuqh V hereor are incorporated herein by rererenoe. 11. The partie. hereto aqroo that the marriaqe i. irretrievably broken and the partie. have lived separate and apart in excese Dr ninety (YO) daya. WHEREFORE, Plaintitt nquo.tB thiB 1I0norable Court to enter a Deorae Dr Divorce pureuant to Section JJ01(d) of the Divoroe Code. R..peotfully submitted, WIX, WENGER' WEIDNER DATEI May Ie, 19ge (j J ) , By I . \... .,(1'1.. :;~. ( David R. aetz, 1.0. IJ4S38 e08 North Second Street P.O. Box 84!l Herrieburq, PA 17108-084!l (717) 234-4182 jOMNIONI.toM DI'I' Mlr II, I'" - 3 - I, it KIMBERLY c. JOIINSON, PlaintHf IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 9S. ..){.ul L JAY PAUl, JOIINSGN, CIVIL ACTION - LAW Defendant IN DIVORCE ACCEPTANCB or SERVICE 1 accept eervice of the Complaint on behalf of the Defendant, Jay Paul Johnson, and certify that I am authorized to do eo. KILLIAN & GE~J , ~~' By J Paul Helvy .0. # S"!' I'll' 218 pine Street Harriaburg, PA 17101 DATEI MaV 22, 1995 KIMBERLY C. JOHNSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I No. 95 - 2626 civil Term I I CIVIL ACTION - LAW I IN DIVORCE v. JAY PAUL JOHNSON, Defendant ArrIDAVIT or COMS.NT 1. A complaint in Divorce under sections 3301(c) and 3301(d) of the Divorce Code was filed on Mav 17. 1995 . 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final Decree of Divorce. 4. I understand that I may lose rights concerning alimony, division of property, attorney's fees or expenses if I do not claim them before a divorce is granted. I verity that the statements made in thia affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. section 4904 relating to unsworn falsification to authorities. Dated I Sept~nber 11, 1995 \ \ \ l' \ - \_. '\ \.... J___. ( Jay (au.~ JohpSon ) v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-2626 CIVIL TERM KINBERLY C. JOHNSON, Plaintiff JAY PAUL JOHNSON, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under sections 3301(0) and 3301(d) of the Divorce Code was filed on May 17, 1995. 2. The marriage of plaintiff and Defendant ia irretrievably broken, and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I conaent to the entry of a final Deoree of Divorce. 4. I understand that I may lose rights concerning alimony, division of property, attorney's fees or expenses if I do not claim them before a divorce ia granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalitea of 18 C.B.A. section 4904 rolating to unsworn falsification to authorities. Dated: September 18, 1995 ~ )' '\., C" \ K mb~rly C. Jdhnson \ \ \ . '.., JOHNSON.A" DRGla