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HomeMy WebLinkAbout97-00736 \ ~ ~ o ~ I ~ I~ , ~ I ~ I <) ^ ", "..........~... ( \. ,\) :--- - ..;) ~ ....) IY) t-- ~ 1"1 ~ ~ , f.3.9") ad,wlI 4t~ 7J Cl-if 4..~/Jj.~ f':J, '/J >t~u /k,;;.Q/ ?J ~' ~ GRACE A. YOUNG, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNY, PENNSYLVANIA NO. 97-736 CIVIL TERM JOSEPH C. YOUNG, Defendant CIVIL ACTION. LAW IN DIVORCE & CUSTODY PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code, 2. Date and manner of service of the Complaint:, by personal service on Defendant, Joseph C, Young, and execution of an Aceptance of Service dated February 14, 1997, liled with this Court 3. (Complete either paragraph (a) or (b)) (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: by Plaintiff, May 14, 1997; by Defendant, May 14, 1997. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of service of the Plaintiffs Affidavit upon the Defendant: N/A 4. Related claims pending: NONE 5, Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which was filed with the Court on June 9,1997, dated May 14,1997, served by personal service on the Defendant (check one) (") .n () r.:; -J -n ;:..... ,~ ....0' r "'.'. r:: L':f : :,., --::!J , .11- '. , , .,,11 .. Ul to r,.;l ')0 ,. ..., l~ :';1 ,. ) ~.- :! ; ,,(') " . :,~ Ulll -:.. :t;! :, .~ ~n -, t11 -< PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this 6th day of November, 1996, by and between JOSEPH C. YOUNG, hereinafter called "Husband" and GRACE UI\'~j;JAL A. YOUNG, hereinafter called "Wife". WITNESSETH: WHEREAS, Husband and wife where lawfully married on May 6, 1972; and WHEREAS, differences have arisen between Husband and wife in consequence of which they desire to live separate and apart from each other; and WHEREAS, Husband and wife desire to settle and determine their respective financial and property rights and obligations as well as enter into an Agreement which will distribute their marital property in a manner which is considered to be an equitable division of all property, and will provide for their mutual responsibilities and rights growing out of the marriage relationship as between each other including, without limitation: ownership and equitable distribution of marital property; past, present and future support, alimony, alimony pendente lite and/or maintenance of Wife by Husband or of Husband by Wife; and in general, any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, there have been two children born of the marriage: Alicia Young, born December 16, 1977; and Erica Young, born February 17, 1981; and WHEREAS, there has been a full and complete disclosure of the earnings and property of each party, and each understands his/her rights under the Divorce Code of the Commonwealth of Pennsylvania. NOW THEREFORE, in consideration of these premises and the promises contained herein, the parties hereto intending to be legally bound agree as follows: 1. Divorce and Separation: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place that he or she may from time to time choose or deem fit in their sole discretion. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness of the causes leading to their living apart. 2. Interference: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. Eauitable Distribution of Marital Propertv: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa. C.S.A. S 3501 et seq. of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the fact that it is the first marriage for both Husband and Wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of 2 the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. 4. Real Prooertv: All rights, title and interest in the marital home in which the parties resided, being 913 Wakefield Avenue, Mechanicsburg, Cumberland County, pennsylvania, now titled in the name of Husband and Wife as tenants by the entities, shall be listed and sold with a reputable real estate broker to be chosen by Husband and Wife. The parties agree that Husband and Wife shall determine the listing price of the property in consultation with the real estate broker based upon fair market value. Acceptance of a bona 3 fide offer on reasonable standard sale terms shall be at the discretion of Husband and wife. Husband and Wife agree that they shall not create any further encumbrances or liens upon said property from and after the date of this agreement. Proceeds from the sale of said property will be used first to pay both Husband and Wife's legal fees, second, to be used to pay part of the joint indebtedness as listed and attached hereto and marked as Exhibit "0" by and within the reasonable discretion of Wife, and third, to be used to pay the balance, if any, to wife. S, Cash Settlement: a) In consideration of the distributions of property set forth in this Agreement, Wife agrees to pay to Husband the sum of $1,000.00, without interest, upon the future sale of the assets as listed and attached hereto and marked as Exhibit "A". Wife may prepay this amount, in part or full, at any time prior to the sale of the aforementioned property. Husband agrees to execute all receipts and releases for payment when made upon request by wife. Payment to Husband of the sum of $1,000.00 upon a sale of the property by wife is expressly contingent upon the availability of sufficient net sale proceeds to pay said sum. In the event that net sale proceeds may be insufficient to pay sum of $1,000.00 to Husband, the sum to be paid to Husband hereunder shall then be reduced to an amount equivalent to the net sale proceeds. Net proceeds of the sale shall be determined after payment of all reasonable and normal costs of sale. b) Tax Refund. The parties agree that they will file a joint income tax return, both Federal and State, for calendar year 1996. In the event that there is any refund or tax due, the 4 parties will divide or pay the sum equally. 6. Division of Personal ProDertv: It is agreed by and between the parties that Husband shall retain the 1990 Geo Tracker and any replacement or substitute thereof, titled in his name, free and clear of any right, title, claim or interest on the part of the Wife. Wife shall retain the 1992 Buick skylark and any replacement or substitute thereof titled in her name, which accordingly, shall become the sole property of Wife, and be free and clear of any right, title, claim or interest on the part of Husband. Each party shall be solely responsible respectively for all insurance therefore as well as any liens or encumbrances on the vehicle retained by each party. It is understood and made a part of this Agreement that all items of personal property including all contents of the marital home and personal effects, have been divided between and to the satisfaction of both parties, and each party hereby releases the other from any and all claims they may have on any and all such property presently in the possession of the other party unless provided otherwise by the terms of this Agreement. Attached hereto and marked as Exhibit "B" is a list of personal property which has been received by Husband pursuant to this Agreement and prior to his signing of this Agreement of which property Husband acknowledges his receipt. Attached hereto and marked as Exhibit "e" is a list of personal property which has been received by Wife pursuant to the Agreement and prior to her signing of this Agreement of which property Wife acknowledges receipt. Neither party shall make any claim to any such items of marital property, or of the separate personal property of the 5 party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. All property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement, and in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or a similar writing is in the possession or control of the party. From and after the date of the signing of this Agreement both parties shall have complete freedom of disposition as to their separate property and any property which is in their sole possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property whether real or personal, whether the property was acquired before, during or after marriage, and neither Husband or Wife need join in, consent to, or acknowledge any deed, mortgage, or any other instrument of the other pertaining to such disposition of property unless provided otherwise by the terms of this Agreement. 7. Pensions: Husband and Wife agree that they each shall have no rights or interest whatsoever in any of the other party's pension plans, retirement, individual retirement accounts (IRA's) and employment benefits. Husband and Wife agree and shall each be deemed to be in the possession and control of his or her 6 individual pension and their employee benefits packages, plans or retirement benefits of any nature and kind whatsoever with the exception of Social Security or equivalent Railroad Retirement benefits, if any, to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. B. Wife's Debts: Wife represents and warrants to Husband that since their separation on September 16, 1996, she has not and in the future will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligation incurred by her. 9. Husband's Debts: Husband represents and warrants to Wife that since their separation on September 16, 1996, he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 10. outstandina Joint Debts: Husband and Wife acknowledge and agree that they have joint debts and obligations incurred prior to the signing of this Agreement as listed and attached hereto and as marked Exhibit "0". Subject to the reductions in said balances from the proceeds of the sale of the marital residence pursuant to paragraph 4, Husband and Wife agree to equally divide the remaining costs and liability of the joint 7 f :. ~ indebtedness and obligations. In the event that either party contracted or incurred any debts since their separation, the party who incurred said debts shall be responsible for the payment thereof regardless of the name in which the account may have been charged. 11. Medical Insurance: Wife shall continue to be responsible for her own and her daughters' medical insurance. Thereafter, each party agrees that he/she shall be solely responsible for all of his or her own health and medical insurance coverage and the cost or expense thereof. 12. Child Support: Husband shall pay to wife a sum of $50.00 per week exclusively for the care, support and benefit of Erica Young until such time as Erica Young reaches the age of eighteen (18) years wherein Husband shall not be obligated by this Agreement to continue said payments. 13. Custodv: Husband and Wife shall have joint legal custody of the parties minor child Erica Young. Wife shall have primary physical custody of the child. Husband shall have liberal visitation with the child as mutually agreed by the parties from time to time. 14. Colleae Expense: To the extent not otherwise provided by applicable law, the parties each agree to equitably contribute for the post-secondary educational costs of each of their minor children so long as undue financial hardship would not result. Post-secondary education shall include all periods of undergraduate, college or university, or other post-secondary vocational, secretarial, business or technical school education. Educational costs shall not include post-college graduate 8 , educational costs. Educational costs shall include, but not be limited to, tuition, fees, books, room, living expenses should the child continue to reside at home and commute, board and other educational materials. The equitable contributions of each party shall be determined in proportion to the respective incomes, assets and all financial resources of each party after calculating educational costs and deducting grants and sCholarships. Consideration shall also be given to: the financial resources, if any, of the parties' child; the ability of the child to contribute to expenses through gainful employment, including educational loans or other financial assistance; the ability, willingness and desire of the child to pursue and complete a course of study; and willful estrangement caused by the child after attaining age 18. If the parties are unable to agree as to the equitable contributions to be made hereunder, the matter shall be determined by a Court of competent jurisdiction. 15. Alimonv. Counsel Fees and EXDenses: Each party agrees that he/she shall not be entitled to receive alimony, alimony pendente lite or support from the other at any time now or in the future, Subject to the conditions for payment of counsel fees set forth in paragraph 4, each party shall be responsible for his or her own counsel fees and expenses, and each agrees to indemnify, defend and save the other harml~ss from any action cOmmenced against the other for counsel fees and expenses in connection with the preparation of this Agreement or any divorce action filed hereto. 16. Tax Liabilitv: The parties believe and agree, and have 9 been so advised, each at their sole discretion, by their respective attorneys that the division of property made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of 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 position set forth in the preceding sentence on his or her federal, state or local income tax returns. 17. Time of Distribution: The assets and interests to be transferred under and pursuant to this Agreement shall be conveyed and transferred to the respective parties immediately upon the execution of this Agreement, unless provided otherwise by this Agreement. 18. Release: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, including support and alimony, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any and all causes of action for divorce and all causes of action for breach of any provisions of this Agreement. Subject to the provisions of this Agreement each party waives his or her right to alimony and equitable distribution of property notwithstanding the Pennsylvania "Divorce Code" known as Act No. 26-1980 as amended. Each party also waives hiS/her right to request marital counseling pursuant 10 to Section 3302 of the Divorce Code. 19, Waivers of Claims Aqainst Estates: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take by intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 20. Aqreement Not Predicated on 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 the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non- prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be instituted by the other 11 party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality of enforceability as to all or any part of this Agreement. 21. Subseauent Divorce: Nothing herein contained shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted or concluded, the parties shall be bound by all the terms of this Agreement, which shall be incorporated by reference into the Divorce Decree, for the purpose of enforcement only and shall not be merged in such Decree, but shall in all respects survive the same and be forever binding and conclusive upon the parties. 22. Additional Instruments: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to 12 the provisions of this Agreement, 23. Riahts on Execution: Immediately upon the execution of this Agreement, the rights of each party against the other, despite their continuing marital status, shall terminate and be the same as if they were never married. 24, SeDarabilitv: In case any provisions of this Agreement should be held to be contrary to, or invalid under, the law of any country, state or other jurisdiction, such illegality and invalidity shall not in any way affect the other provisions hereof, all of which shall continue, nevertheless, in full force and effect. 25. Entire Aareement: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 26. Modification and Waiver: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 27. Intent: It is the intent of the parties by this Agreement to fully and finally foreclose any resort to the courts for relief on the basis of any statute or case law presently existing or which may exist in the future within the Commonwealth of Pennsylvania. other than as provided by this instrument, it is intended that the court shall treat the parties as if they had 13 never entered into a marital relationship. This Agreement shall be interpreted and governed by the laws of the Commonwealth of Pennsylvania, and where such law is inconsistent, the terms of this instrument shall govern. 28, Knowledqe of Terms: Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to their signing below. 29. DescriDtive Headinqs: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 30. Breach: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs, including reasonable attorney's fees, incurred by the other in enforcing his or her rights under this Agreement. 31. Disclosure: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party of every type whatsoever and of all other facts relating to the subject matter of this Agreement. 32. Husband and wife each agree to give the other prompt written notice of any litigation threatened or instituted against 14 . .."I . ~ . . .' r t' . -.' ",i",' .. .. ! """".,,.. := = S o ~ <( Cl 0 ~ l.LI '" > en "' Z ..J "' > ;v- ~ ~~~~ I-< Olllt:Z -< ::~:J~ Ill: <(l.:)", , "..JZ ~ .... :J ::> Z ~ ill ::> ~ i2 ~ ~ X '.-. ~ ~ ~. ilfJ ~ ~. Il;il ~' ~ j .:<<. 'le. .:~ ':11:">>:- -lOC. 'lIe-' -31:. -Ie"':c-. 'lIe- 'lO;. ,:e;. ';.0;. 'le. ':.:' .:~ ':e;. .:c- .;.0;, ~:":":>:.;";~lIl};',;.o;..;..~ .:..:. .:...-X"~~ ~ - --- '8 ~ ,^ 8 8 ~ .; 8 ~ ~ ~ ~ ~ ~ ~ ~ , ~ ~ 8 ~ ~ ~ Dy The Court: ~ ~ ~ ~ . Alle.t: J. ; 11, ' '. . ,... 'Proth~nolary' ~ ,', ~ -.... .. · ... ... · · ..~ ... ...~:a;-:li-.*.'.:c.'~;.-ic~~--i:~~-:-:i:~-:;;;..::.::-:~~~ ~ r:, ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF _ PENNA. ~ 8 8 ~ ~ 8 ~ ~ ~ GRACE "A. YOUNG " ! N ()97.:;-.7.3(iHl::~vi,LHH'HH' 1997 Versus I '! ,~ ~ JOSEPH.C, YOUNG 'I r:, ':' ,I :1 I' DECREE IN DIVORCE AND NOW, . .. .. .. .. .. .. .. .. . .. . .. .. .. '. 19.. n... it is ordered and decreed that .,...... <:'~~c:~, !\. '. . Y!J,u.to!~, . . . . . . . . . . . . . . . . . . . , . . " plaintiff, and . ..~O:>.E.I~I;I. !::.... YO,QI'/G...................................., defendant, are divorced from the bonds of matrimony, The court retains jurisdiction of the following claims which have been raised of record in this oct ion for which a final order has not yet been entered; NONE .... .... .... ........ .... ........ ...... .... ...... .................. .... ..... .... .... .... ...... '0 ........ .... ...... ......., .... .................. ....... " '. ~ ~ ~ " " ~ * ~ ~ ~ s ;i; '.' ~ 8 8 ~ ~ 8 8 8 8 r:, " ^ ~ ~ iC ., ~ .; ~ M , " " 8 8 $ ~ ., '. ~ GRACI A. YOUNG, . IN THI COURT OF COMMON PLEAS . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . C)) v. . NO. 730 '~ . Cu' .#1 . . JOSIPH C. YOUNG, . CIVIL ACTION - LAW . Defendant . IN DIVORCE , CUSTODY . NOTICE TO DEFEND AND CLAIK 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 at One Courthouse Square, carlisle, Pennsylvania 17013. 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 Lawyer Referral Service Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (717) 240-6200 GRACE A. YOUNG, I IN THE COURT OP COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . lJ 7- 7 n, CL-":'/ r~ v. . NO. . I JOSEPH C. YOUNG, . CIVIL ACTION - LAW . Defendant I IN DIVORCE , CUSTODY COMPLAINT COUNT I. - Divorce 3301 leI 1. plaintiff Grace A. Young is an adult individual residing at 913 Wakefield Avenue, Mechanicsburg, Cumberland county, Pennsylvania 17055. 2. Defendant Joseph C. Young, is an adult individual residing at 913 Wakefield Avenue, Mechanicsburg, Cumberland county, Pennsylvania 17055. 3. Plaintiff and Defendant are bona fide residents of the Commonwealth of Pennsylvania and have resided therein for a period in excess of six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 6, 1972 in Mechanicsburg, Pennsylvania. 5. Plaintiff avers that the ground upon which this action is based is that the marriage is irretrievably broken. 6. There has been no prior action of divorce between the parties in this or any other jurisdiction. 7. The Defendant is not a member of the Armed Services of the united States of America. 8. Plaintiff has been advised that counseling is available 1 and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Plaintiff avers that there is a child of the parties under the age of 18, namely: Erica Maureen Young, born February 17, 1981. WHEREFORE, the Plaintiff prays this Honorable Court enter a Decree of Divorce. Respectfully SUbmitted, By: \ M1C ael Sedor Attorney 1.0. 7115 1800 Linglestown Road Suite 304 Harrisburg, PA 17110 (717) 234-3911 2 ;', ) " 5 ~,,~. .8~ ~ 1 \ \ '. .~ ~ ~ ~ ' 'V ~,v... . , , ') ~ ,~ ';r~c . ".'. . (".:~. '. ..,' :,'i ~:;? ,-.::; -t~~':' j~~:; ~ .,[\~ ~ ~.. ~l. .~.~. .' .i' ~ :'-! ; -~ .... ~, <:~'-' ,', - '. 'iL .. '. ~ . . -'.'r ,", '<.,.< J: ~;:,(; ~ ~ v'. ~ c:: ;~r' gJ 8 :z ~~,j ~ ~\: 0 ~W'; :,,~~:; ~ ~~ ~;;JVJo >-I .'. t~'j ~~~~ ~"":,X;;. ~~",,'I: l' Z rn en .. ",," ..,~ i -'<'" , l~!j ~ El gj ; ';":';o:;{ '.':'~; ,:' ~ - > 0 ..~. .' ; Cl ~.,S.';;'~il:r ,;c; 7i;;;0(;:~~;%ij~0,t... '... '..' .... '.:;..... ", ,. 'I ' J:" t}':~ '. . ';,:',,:.:c'!: . ,. .. ,;" ::;:':~~~~::~/' . . - . -. ~.'" ,~. . },;. " r, .':. .:' ,-,-~ . ..,.'. ''''., ;", :' ~ "~ : "", i _ ~"\'.. c. , ',:1:," '}'.,,~~:;:~\; i' . "; '..,:- , . ~'" '. ..... ....,:1,-:. .." ", "'." , ,.,., ',_r,_ .:,' ~ : C', ';"'. ". ,J: ,,' ..\.' .'-. " 'r..:, "-"'f" ~;. :Y:.. "i , t,' \. -., ~. ,'\ ~ 'K']a.,'; ~ "~~ ,,',i~: \ .. ." ',-\:.<;- ~\,^,"<"~A-'j' ~ T}f-"'~' .,'l,;;Z;... i~~ 'l-'~.. ~ .,~' 0 ,~'1' .........111' f l ..... 0 ;'. :~v,,:o'.~, "[!:o"~,,~':ci'''~'l':,~,,-11;V ~' ~~ ;y 1.> '(fJil',i~f;';'7~~~!/~{'''\''i ~ .'7 ....~t,~,......): "'~ '\i;!...~)t: <~~,,1'~~<^I - - . ~ S' " "oJ.. - .... ~ <-~f'1 ,,';_ , ,~- '", ;ct, -~:':~'''''''', :-""..i';~l~~~1",;""l~"!7.J . ~ .. '-,. "";:. -'.""1::' ,r.._v')s:, ~ 1,1. N ~"' _'_'_" <. ";:~;~J~~~ff ' . "~,!);;;,,1. " " - ~':~,,- f~"j :~'~'\:~''i''~"i ._, ',.;~_;~.'; -'".', ',., :',' ~ . _. T '''"' .' '."': " ,. -~~ _:'.' ,", ,." ,',;';{,!. -. .;-'~;;.~ . . GRACE A. YOUNG, Plaintiff v. I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I NO 97-736 CIVIL TERM I I CIVIL ACTION. LAW I IN DIVORCE & CUSTODY JOSEPH C. YOUNG, Defendant AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING I, GRACE A. YOUNG, being duly sworn according to law, depose and say: 1. A Complaint in Divorce under Section 3301(c) of the Domestic Relations Code was filed on February 13, 1997. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. 4. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5, I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling; I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request; and, being so advised, I do not request that the Court require that my spouse and I engage in counseling prior to a Divorce Decree being handed down by the Court, 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 unswom falsification to authorities. Date: MAY 14, 1997 ~Q.~~ CE A. YOUN. '" 87171-1 GRACE A. YOUNG, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . CIVIL ACTION - LAW . JOSEPH C. YOUNG, . . Defendant . NO. 97-0736 CIVIL TERM . AND NOW, this ORDER OF COURT \~~ day of June, 1997, upon consideration of the praecipe to transmit record filed in the above-captioned case, purportedly by counsel for Defendant, who also appears on the complaint as counsel for Plaintiff, and the record being unclear as to whether, and in what form, a notice of intention to file praecipe was served upon Plaintiff, a divorce decree will not be entered at this time, without prejudice to the rights of the parties to correct this deficiency and file a new praecipe to transmit. BY THE COURT, ~ J. ~esley Oler I Michael Sedor, Esq, Suite 304 1800 Linglestown Road Harrisburg, PA 17110 - C4f'i) :')~c~~(,.c Go/I'3I'1'1., ..),~ ' :rc VI N,~l,\'3'~~!~1. "n') :.. ' " ~ _ ,", ," :40, I. . .... II . ." 'II'~" 2 I N:lf LI) (,1' ... ,'", ',_ ::J ",\3'0-'.. '-, ; :,,:;;;~.,~ j -fi'..t'V-~I:J :30.,.1...:' ,.