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HomeMy WebLinkAbout96-05265 \. \) ... I .~ ... >..... '" '> ~ " (too . ~ - >-- :-- . ~ ~ --------------------~---------~ :' - - - - \: * IN THE COURT OF COMMON PLEAS '~ * * ~ ~ ~ ~' ~ ~ ~ ~ ,', ~, ~ ~ ~ ~ ~ .., ~ ~) ") ~ y "f ~ ~.~ ~ :.- ~ The written Property Settlement Agreement executed by the parti ~ ,..' "on' '1'O/2/~7' is' 'atta'ched' 'hereto' and' incorporated' 'into' 'this' 'Decree ',' . . . . . :~' "i:b:~:ot:.t ""o,o~ ,O~::;:;;Z'''''OO "0'." ,"0 i Alle.l~<vl.u?u:c f'. ' rb",/ d;?Ji",;~ J. * . ;;:7 ~ .. '-;P1'&ntX. r ' ,WProthonotary . OF CUMBERLAND COUNTY STATE OF ~~ PENNA, \,._,,~~,,"T KathyM. Yinger 5265 1996 1\ (). ..' Vl'I'.:-it\.-; Cr.aig Yinger DECREE IN DIVORCE AND NOW, ,~1)~..,3..,.." 19Q:l.., it is ordered and ~ y ,'~ ~ decreed that ... )<,a.t;\)y. ,/1., , !"i,I1g'i'l'. , , . .. ' , , , , , , . , , .. .. , , .. ' , , " plaintiff, and. ,."" """.,," .Cra.Lg, yinger.." .".,..,.",.,',.,'" 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; NONE ~ ,', ~ ~ ~.' ~ ~ .., ~ ~ " ~ f.' ... ~ ~ ~.' ~ ~ ~ i.l ~ 7.____ :~:- oZ' .:.:- .:+:. $ ~ ~ ~ ~ $ ~ ~ ',' ~ ~ ., *- ., ~ i, ,', ~ a " ~ ',' ~ " ~ , ~ ~.~ ~ ~.~ ~ ~? ~ ~ ~ ~.' ~ ~ * _______-- ............~_.-.--..........-..-.,_~,_~~__.__...... ~__.._._____~~____ _~._ __~~~"'__'. .., ~. . ., I ~ ~s__*-----~--*-~*---**~. MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this 2'i.,-Q day of 0,10'\.-",/ ,1997. by and I between Kathy M, Yinger ("WIFE") of 1709 Fisher Road, Mechanicsburg, PA 17055 and Craig E. Yinger ("HUSBAND") of 1002 Eppley Road, Mechanicsburg. PA 17055 WITNESSETH: WHEREAS, the parties hereto are HUSBAND and WIFE, having been married in January of 1988 in Frederick, Maryland, There were two children born of this marriage Craig Yinger, Jr.. (DOB 9/30/88) and Steven Yinger (DOB 9/29/92). 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: 1, 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. 2, AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS, This Agreement shall not be considered to affect or bar the rights 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 ond stwil not be deemed to be condonation on the part of either party hereto of ony oct or octs on the port of the other party which have occasioned the disputes or unhoPPY differences which hove occurred or may occur subsequent to the date hereof. The pmties acknowledge thot their marriage is irretrievably broken and that they sholl secllro 0 mutual consent no-fauit divorce pursuant to the terms of Section 3301(c) or the Divorce Code in WIFE'S Cumberland County divorce action docketed to number 96.5265. Upon the signing of this Agreement, the parties shall execute and file all documents ono papers, including affidavits of consent, necessary to finalize said divorco. Except that the parties agree to not finalize their divorce until after 11/30/97, 3, Ef.fECT OF DIVORCE DECREE. Tho pmties agree that unless otherwise specifically provided herein, this Agreement shoil continue in full force and effect after such time as a final Decree in Divorce moy be entered with respect to the parties, 4, AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE, The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them, 5, NON-MERGER. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance, Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute, Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and ;emedies pertaining to failure to compiy with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted, 6, DATE OF EXECUTION. The "date of execution" or "execution date" 'Jf this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7, 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. 8, ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Charles Rector, Esquire for WIFE and Samuel Andes, Esquire. for HUSBAND, The parties acknowledge that they have received independent legal advice from counsel of Iheir selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that il 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 infiuence and that it is not the result of any collusion or improper or illegal agreement or agreements, 9, DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right 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, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court held hearings and make decisions on the matters covered by this Agreement. Both parties understand that a 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 infiuence exercised by either party upon the other or by any other person or persons upon either party, Both parties hereby waive the following procedural rights: a, The right to obtain an inventory and appraisement of all marital and non- marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised, d, The right to discovery as provided by the Pennsylvania Rules of Civil Procedure, e, 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 maritai. and to set aside to a party that property which the court determines to be that parties' non-marital property. f, The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony Pendente Lite (temporary alimony), equitable distribution, custody, visitation, and counsel fees, costs and expenses, 10, PERSONAL PROPERTY. The parties acknowledge that they have previously agreed to a division of all of their tangible personal property including. but not limited it. jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other tangible personal property, With respect to said division the parties agree that WIFE shall receive as her sole and separate property: Her clothing Nan Nailor's old chair in the office 2 rose glass touch lamps given to Kathy by Mrs. Kirkman dining room suit, including the table, six chairs, hutch and buffet Jon's twin bed and two dressers that belong to Nan Zimmerman VCR coffee pot Master bedroom dresser w/ mirror and HUSBAND shall receive as his sole and separate property all of the remaining items of tangible personal property located at the marital residence, Books and pictures will be divided and agreed upon prior to execulion of this Agreement. Each of the parties hereto does waive, release, and forever abandon any right and all title, interest and claim, in and to the tangible personal property to become the prop.erty of the other party pursuant to the terms of this paragraph, 11, 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. wilh or without non-marilal assets, after the date of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for .t 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 properly of the other party pursuant to the terms of this paragraph. 12. DIVISION OF VEHICLES, With respect to the vehicles owned by one or both of the parties, or the net proceeds or value derived (,om any prior sale or trade in thereof, they agree as follows: HUSBAND shall waive all right, tille. and interest he has in the 1989 Lincoln Town Car to WIFE, WIFE waives all right, title and interest she may have in any vehicle currently in HUSBAND's possession including, but not limited to. the 1978 Dodge PickUp, The titles or assignment of any lease agreements to said 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/assignments shall be delivered to the proper party on the distribution date. For purposes of this Paragraph the term "litle" shall be deemed to include "power of attorney" if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise, In the event any vehicle is subject to a lien, encumbrance, lease or other indebtedness in the party receiving said vehicle as his or her property shall take it subject to said lien, ' encumbrance, lease or other indebtedness and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien, encumbrance, lease or other indebtedness. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest he or she may have in the vehicle(s) that shall become the sole and separate property of the other pursuant to the terms of this Paragraph, 13. DIVISION OF REAL ESTATE, WIFE agrees to waive all right. tille and interest she has in the marital home known as 1002 Eppley Road, Mechanicsburg, Pa, 17055 to HUSBAND, and agrees to execute and deliver all documents in the usual form conveying, transferring and granting unto HUSBAND all of her right, title and interest therein, WIFE agrees that she specifically waives, reieases, renounces and forever abandons all her right. title and interest therein. The aforementioned Deed executed by WIFE shall be escrowed with her attorney pending successful completion of refinancing by HUSBAND as set forth below, 5 In consideration of the distribution of marital assets set forth in this Agreement, HUSBAND agrees to undertake all necessary efforts to refinance the first mortgage on the marital home currenlly due and owing to FTB Mortgage Company with an approximate balance of $114,000,00, Application for said refinancing shall be made by HUSBAND on or before Friday, September 12,1997, WIFE agrees to provide any and all necessary assistance with the refinancing application etc. through Mellon Bank. In the event thai HUSBAND does not successfully refinance the first mortgage through Mellon Bank, he covenants and agrees to continue to allemptto refinance the mortgage as soon as possible, In the event that HUSBAND is unable to obtain refinancing within one year of the date of this Agreement, than this Agreement shall be declared NULL and VOID at the option of WIFE in which event the parties will have such rights and obligations as they would have had this Agreement never been executed, including but not limited to, all rights and obligations permitted or allowed under the Divorce Code, the parties specifically authorizing the Court to hold such hearings and make such orders pertaining to said rights and obligations as the Court may deem appropriate regardless of whether a Divorce Decree has been previously entered, HUSBAND agrees, so long as he shall retain the exclusive use and occupancy of the jointly owned real estate, to preserve and maintain the house and grounds and to pay all mortgage payments as they fall due, as well as utilities, insurance, and other obligations associated with the home, HUSBAND agrees to indemnify and hold WIFE harmless from the payment of any debt or cost associated with the marital home, WIFE further waives all right, title and interest she may have in the hunting cabin located in Stoney Creek, Dauphin County, Pennsylvania, to HUSBAND, The parties agree that if the marital home is sold by HUSBAND within ten years from execution of this Agreement, he will list the property with WIFE, if she is a licensed real estate agent at that time and pay to her the standard listing commission, 14, LINE OF CREDIT The parties acknowledge that a balance is currently due and owing on a personal line of credit to PNC Bank, which line of credit is used by WIFE to provide monthly living expenses during times when she has no earned income from her real estate business, WIFE agrees :0 assume full responsibility for all payments on said line of credit henceforth, and shall indemnify and hold HUSBAND harmless from payment of same, (, WIFE further agrees to attempt to refinance the line of credit, however, both parties acknowledge that said refinancing cannot occur until such time as the first mortgage obligation is refinanced by HUSBAND, In the event that WIFE is unsuccessful in refinancing the PNC obligation, she will continue to attempt to refinance the obligation without delay, 15, EACH PARTY RETAINS OWN PENSION PLANS, Each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall become the sole and separate property of the party in whose name or through whose employment said plan is carried. 16, DIVISION OF BANK ACCOUNTS/STOCK/LIFE INSURANCE. The parties acknowledge and egree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value and hereafter WIFE agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of HUSBAND shall become the sole and separate property of HUSBAND and HUSBAND agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession 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 any bank account, certificates of deposit, IRA account, bonds, shares of stock, investment plans and life insurance castl value that is to become the sole and separate property of the other pursuant to the terms hereof. 17, MARITAL DEBTS. The parties acknowledge that they have previously divided the obligations and payments required thereof of any debts and obligations arising during the marriage and in accordance therewith any obligation being paid by a party shall continue to be so paid and said party shall indemnify, protect and save the other party harmless therefrom, 7 A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due. Each party agrees to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities assumed by a party pursuant to this Paragraph, From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which the party is individually liable and the parties agree 10 cooperate in closing any remaining accounts which provide for joint liability, 18, WAIVER OF INHERITANCE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest or 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, 19, 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 and WIFE further represents and warrants 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 indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason or obligations incurred by her. 20, HUSBAND'S DEBTS. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or Iiabitity for which WIFE or her estate might be responsible and 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 sh'all indemnify and save WIFE harmless from any and all claims or demands made dgainst her by reason of debts or obligations incurred by him, 21, 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 terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subjected to court determination the same as if this Agreement had never been entered into, 22, 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 part 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, 23, INCOME TAX 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 failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 24, FINAL EQUITABLE DISTRIBUTION OF PROPERTY, The parties agree that the division of all property set forth in this Agreement is equitable and in the event an action in divorce is commenced, both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein, It is further the intent, understanding and agreement of the parties that this Agreement is a full, complete and equitable property division, 25, WAIVER OF ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT, MAINTENANCE AND COSTS, The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, atimony pendente lite, spousal support, maintenance, counsel fees and costs, 26, 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. Eacll 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 allempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 27, MUTUAL RELEASES. 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, from any and all rights, title and interest, or claims in or against 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, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy 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; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) the Commonweaith of Pennsylvania, (b) State, Commonwealth of territory of the United States, or (c) any other country, or 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 ;) result of the marital relation or otherwise, 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 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 naturo, 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 fur the breach of any provisions thereof. 10 28, 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, 29, 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. 30, 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, 31, 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, 32, 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 inslruments, assigns, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirabie for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 33, 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 to such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. II 34. BREACH. If for any reason either HUSBAND or WIFE fails to perform his or her obligations hereunder 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 wouid have an inconsistent result or would result in a windfall to the other party. (a) the right to specific performance of the terms of this Agreement, in which event the non-breaching 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, (b) the right to damages arising out of the breach of the terms of this Agreement, which damages shall include reimbursement of all attorney's fees and costs incurred as the result of the breach and in bringing the damage action, (c) the right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa.C,SA 3502(e), an any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said Section or replacement thereof by any other similar laws, which remedies shall include, but not be limited to: (1) the entry of judgement; (2) the authorization of the taking and seizure of goods and chattels and collection of rents and profits of real and personal and tangible and intangible property: (4) the transfer and sale of any property required to obtain compliance with the obligations undertaken by this Agreement; (5) the posting of security to insure future payments to assure compliance with the obligations undertaken by this Agreement; (6) the issuance of altachment proceedings and the holding of the Defendant to be in contempt and the making of appropriate. order thereof including, but not limited to, commitment of the breaching party to county jail for a period not to exceed six (6) months; (7) the award of counsel fees and costs: (8) the attachment of the breaching party's wages, (d) Any other remedies provided for in law or in equity, 12 35, 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 be valid and continue in full force, effect and operation, Likewise. the failure of any party to meet his or her 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, 36, LAW OF PENNSYLVANIA APPLICABLE, This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, 37, DEPENDECY EXEMPTION, HUSBAND and WIFE agree that WIFE will be entitled to claim the deduction for the dependency exemption of their minor child, Steven Yinger, in each taxable year hereafter, HUSBAND agrees that he will sign Internal Revenue Service form 8332 or any other declaration required by the Treasury Department for the Internal Revenue Service to implement this Agreement and agrees to provide such declaration to WIFE, 38, LEASE PROVISION, The parties agree that WIFE's child Jon can continue to live at1 002 Eppley Road, until age 25, They further agree at which time he obtains a full time job he will pay to HUSBAND rent in the amount of $100.00 per month. If he engages in part time employment but goes to college, he will pay $50,00 per month, The parties agree to execute a lease agreement if they deem it necessary reftecting the above, The parties further agree that if HUSBAND moves from the Monroe Elementary School area prior to the time that Steven starts middle school, such a move will be a basis to review custody between the parties, The parties agree to a comprehensive review and reconsideration of the custody agreement and order currently in effect in the event of such a relocation. 39, HEADINGS NOT PART OF AGREEMENT, Any heading preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not co'nslilute a part of this Agreement nor shallllley affect its meaning, construction or effect. D BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE Er~TIRE 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 have set their hands and seals the day and year first above written, ~~~J/1~ ~~~.~ ~ ~ me.... p", <'~ Kathy M, 'ger It / C~~ -. Craig E, Yi r \~~ t4 ,. " I ,-- " , >, , (... 2 , L;~ , , " , -, " ; \.~. , " '-' \ , .- . c.., L' r-' C' <- .--) KATHY M, YINGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUN'rY, PENNSYLVANIA v, NO. (I' , (-)' r: L 'I;-'~- U ..Jr \,,(,_,) (~.....-A CIVIL ACTION - LAW IN DIVORCE CRAIG YINGER, Defendant COMPLAINT UNDER SECTION 3301(c) or 330Hd) OF THE DIVORCE CODE 1. Plaintiff is KATHY M, YINGER, who has resided at 1002 Eppley Road, Mechanicsburg, Cumberland County, Pennsylvania since August 8, 1994. 2, Defendant is CRAIG YINGER, who has resided at 1002 Eppley Road, Mechanicsburg, Cumberland County, Pennsylvania since August 8, 1994. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on January 17, 1986 in Frederick, Maryland. 5. There have been no prior actions of divorce or for annulment between the parties. 6, Neither of the parties in this action is presently a member of the Armed Forces. 7. The Plaintiff and Defendant are both citizens of the United States, \ -..'":"- 8. Plaintiff has been advised of the availability of marriage counseling and that he may have the right to request the Court to require the parties to participate in such counseling, Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. The Plaintiff avers that the marriage is irretrievably broken. COUNT 2 . CUSTODY 10. Paragraphs 1 through 9 are incorporated herein. 11. There are 2 children born to this marriage, namely, Craig Yinger, Jr. and Steven Yinger, 12. Plaintiff desires primary physical custody of the minor children and is capable of giving said children the necessary parental care and a proper and healthful environment. 13. The Plaintiff avers that she is a fit person to raise the minor children and that by awarding her legal custody, the best interest and permanent welfare of the children will thereby be promoted. 14, The parties' minor children have resided at 1002 Eppley Road, Mechanicsburg, Pennsylvania since 1994, - 2 - *- ~ t - 0- F" 1; U " "::I- 00 (..j 0 1l rt '7 0 "'\:) ~ ~ c<J 0 11 ',.J C.l... ::t- :r tIJ ;.-- () 0 ( U., 0 11 -0 , If) l{1 1:, r 1.1.1 ~ ('.,:: iJ ..) ) Q;) s--!; -' '':':: 4 .,.- D u " t,_ a t, (p 0 ''L; c. on c ..-, - ~ ,~ , c 1(<, L,~ '. (.. 'W " t:. \l) .. .. '- ". , (.., ,. , , .. (, " .:,: ( ., " , ( I', I , t: , , ( " t.; U ' . , ( j w '" e: ~ - iD ::> '" 0 N a !::"-'- II. III :J - to o 11/ "'~ <- IJJ .. LJZ R U II: :J;J:- _1-0Z5:!~ lL. /JJ en x II. U :( z iE OW 0 Z :> II: 0 w ~ ;> 0 a. - <( III 3: j~ .J ~ Z..J LO II: ll:J;-'- <( ~ a. ~ :I: <l ~ R U - u- - ~ " KATHY M, YINGER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 96-5265 Plaintiff V, CRAIG YINGER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND I, Kathy M, Yinger, being duly sworn according to law, deposes and says: 1, A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on September 23, 1996. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the time of filing the Complaint. 3, I consent to the entry of a final decree in divorce, 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. \ i:' (" <'l 1IJ ~:~ I.,,' ~ .J a:: ( ,. 5 ",ON ('-. ...,.....:.. I, a --lD (-, , 11. III ffi:$" ' , r. 0 1IJ .z t:: " ci "'<- I 1IJ ~~r:: L. ( 0 0 ",>-x I L.. ii: ... ~~lt: I~. 11. M 0 r- OG]- c.~ ( , 0 ~ a:: 00.- III o .0 ;:-,- 1IJ zdC9 .J .J "'I- a:: ~n.~ 0( g:lOr;: I: <- 0 ....ur:: KATHY M, YINGER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 96-5265 Plaintiff v. CRAIG YINGER, CIVIL ACTION - LAW IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301fc\ OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 3, I 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 herein 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, /6cA~ /Yf )~-nq.L'1 , Kathy, Yinger / Date: jIJ?o/97 / f 111 '" 0: 0 - iD - "'- :J wON G !::"':- lI. UI :>::; '" o bI u):," .,. . wZ;:: ~O::>~- !:! 0 z:J t:: lI. ... w ~ >< Oll. 0 'tz;:: bI c z >o:ow~ ~ 0 a..- '(U1~JS! .J~Zd~ 0: 0: J: - 0( ~ a.. ~ :I: ,,:lE- O 0"" ....u;:: - ~ >- ..:1" (.:4. tC ..:l ~:: ('~ ) " l.!..l.' ; ff: ~.... ..." L.'~ . ~~ '..() ; , ~~,J t::i S , , L: -" ." I .::. l'.~ r- , c,:. (.:" ( ) A. Thanksgiving - On Thanksgiving Day in every year, the Father shall have custody of the Children until 4:30 p.m. and the Mother shall have custody of the Children from 4:30 p.m. until 8:00 p.m. 6. Christmas - The Christmas holiday shall be divided into Segment A, which shall begin at 9:00 a.m. on Christmas Eve and end at 2:00 p.m. on Christmas Day and Segment 6, which shall begin on Christmas Day at 2:00 p.m. and end on Decem!x,r 26th at 8:00 p.m. The Father shall have custody of the Children during Segment A in even nwnbered years and during Segment 6 in odd numbered years. The Mother shall have custody of the Children during Segment A in odd nwnbered years and during Segment 6 in even numbered years. C. Easter - On Easter Sunday in every year, the Father shall have custody of the Children from 9:00 a.m. until 2:00 p.m. and the Mother shall have custody of the Children from 2:00 p.m. until 8:00 p.m. D. Mother's Day/Father's Day - The Mother shall have custody of the Children in every year on Mother's Day from 9:00 a.m. until 8:00 p.m. and the Father shall have custody of the Children in every year on Father's Day from 9:00 a.m. until 8:00 p.m. E. Alternating holidays - The Mother shall have custody of the Children in even numbered years on Memorial Day and Labor Day, and in odd numbered years on Presidents Day, July 4th and Veterans Day. The Father shall have custody of the Children in even numbered years on Presidents Day, July 4th and Veterans Day, and in odd numbered years on Memorial Day and Labor Day. If a party'a Monday holiday immediately follows his or her period of weekend custody, the custody period shall run continuously with the weekend until 8:00 p.m. on the holiday. Otherwise, the holiday period shall begin at 9:00 a.m. and end at 8:00 p.m. on the holiday, with the exception of July 4th when the holiday period shall end after the fireworks, if appropriate. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may 7;' fy the provisions of this Order by mutual consent. In the absence of mut al consent, the terms of this Order shall control. /' / 6Y THE COUR1';' , / J. cc: Charles Rector, Esquire - Counsel for Plainti f/M Samuel Andes, Esquire - Counsel for Defendant/Fat C!of':"l4J (,),1'L6~J(..l 11/19/910, "!",f, (~) " I r_ ( l. (;( ,. ". , u , '-;;1 C. , " ., ...j u_ : ,- ., , :' , J, , C. l KATHY M. YINGER, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. qlc - C))~(j Cc"JL.-- CIVIL ACTION - LAW IN DIVORCE v. CRAIG YINGER, DefendanURespondent: ORDER AND NOW, this _ day of . 1996, upon consideration of the foregoing Petition for Special Relief, it is hereby ORDERED AND DECREED that Wife shall have exclusive possession of the Lincoln, BY THE COURT: J, VERIFICATION I, EMILY 1. HOFFMAN, ESQUIRE, hereby state that I am the attorney for PlaintiWPetitioner, Kathy M, Yinger, in this action and verify that, to the extent that the statements made in the foregoing document are assertions of fact, they are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa,C.S.A. 94904 relating to unsworn falsification to authorities. METTE, EVANS & WOODSIDE By: ~-L~ fu .A r---. Emi y' L. H~ffman, quire DATED: 9/23/96 KATHY M. YINGER, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO, v, CRAIG YINGER, DefendanURespondenl: CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Emily L. Hoffman, certify that on the ~day of Se.P-re.v-.JrV; 1996, I served a copy of the foregoing Petition for Special Relief upon the person indicated below by via First Class U,S, Mail, addressed as follows: Samuel L. Andes, Esquire 525 N, Twelfth Street Lemoyne, PA 17043 METTE, EVANS & WOODSIDE BY: ~1Ui.~\ ~ Emily L. H ffman, squire Supreme Court 1.0,# 66307 3401 North Front Street Post Office Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff DATED: 9/23/96 .. i ;":. IU' C_l t-~ ~ C~, . L'.-- U> I.'. L. l - f.'/; ''-' ( ( t, . .;., ". -' .,- --. .- .-- -., ~ Lil ~ LL _ 011 S ~~S~ ~~~~ gUI -'-'1=-,.; ~ -dl~ f2 ~ 8