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HomeMy WebLinkAbout97-00754 ~ " ~ ~ ::> ~ (oJ iii 111 ^ ~ J 0- ct ';:) cot d II) \l >--.. \ I ( i .... l~ ! - . - .':1 - u / . t--- t:)- ~ **~,.~**,~*~..~,~*~,~..~.,~,.~.~~..~.~.~,.~..~.*,~.~.~**~ - . ~ . ~ . :;: ',', _ _~ _ ~......,.~ 'H......_~ ""_'''''_,.. _~_..._ _ . ~ _ -. ,-"., - -_.- *. ~. IN THE COURT OF COMMON PLEAS ~; ',' ~ ~; ~\ ..\ : \ .. ~( . , ~' . , , , ~; " ~~ ~i '.'1 ~I ~) ','/ ,',l ~I ~~ ~I ','r OF CUMBERLAND COUNTY ~~~ 'C;,i',/'e~ \. ...--~::;.~,. STATE OF PENNA, SHERRY L. YESCAVAGE, Plaintiff !\o, 97-754 CIVIL \.1'1"....11...; THOMAS J. YESCAVAGE, Defendant ~( '.'1 ~ . , DECREE IN DIVORCE . , ~i . ) ~) ~I '.', ~ll .. ,', ~ AND NOW, ......' ..1-" JO~ decreed that, Sherry ,~,.,Yesca.vaglO!,.,. 19 97 .. it is ordered and . " , , ., , , "". plaintiff, . , , , , ' , ". defendant, ~ ',' and, Th,omas, ,J:, Yescavage, " . , , ' . , " " , , , , " . * are divorced from the bonds of matrirnony. ~ ~ The court retains jurisdiction of the following c1airns which have been raised of record in this action for which a final order has not yet been entered; None ~ ~! ~l ~ '.' "The, ,Marital. Settlem.entAgr~ement dated, ,April. into this Decree In Divorce. 1,5.., ,~?9.? ,~!i, ,I'!e!:"~by BV;hr c;;:i ^th.~t:>f; 'hiCA{' ~I /, J.",~ ;";-7h- X .I, - (h ~ ( t.....L CL:.."~_ "-~r~,""'~ 7t"~''':. I " ( " (. ~/ .7 c~ '>'/1" Y ~A ,IV ;P'" ',.(."""c . t /" __ ....."... , !II .// - ...../Prnlhollolary ~ ~ ~ .,' ~ '.' * ~I ~; &' !:'. '.:.:- ,~:. ~ *~..~.~.~..~..~..~.*.~.**~.*.~.~..~.,~..~'~..~'-~..~.~~.~:.~.~ ~ t ~ ,', I~ , i~ I',' . . I I ~ ~ o s ~ ~ '.' ~ ~ s ~ ~ I~ I~ ,~ l':' I~ I' I~ , . '~ .~ ~ ~ ~ '~ .~ ~ :~ ~ ~ ~ ~ ~: I~ :!. ~ ~ .~~ ~ MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this J~"" day of A/.}f; I , 1997, by and between Thomas J. Yescavage, (herein~?ter referred to as "Husband,") and Sherry L. Yescavage, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and wife were lawfully married on December 3, 1983; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, there were two (2) children born of this marriage, Kathleen Marie Yescavage, born January 10, 1985 and Kristina Marie Yescavage, born March 11, 1990; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness 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 maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understand and agree that neither shall do or say anything to the children of the parties at any time which might in any way influence the children adversely against the other party. 1 ~, r o 3. DIVISION OF PERSONAL PROPERTY The parties have agreed to divide and have already divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in common. Neither party will make any claim to any such items which are now in the possession or under the control of the other. 4. AUTOMOBILES During the marriage the parties purchased a 1994 Chevy Corsica and a Chrysler Sebring. The Corsica is titled in Wife'S name and the Sebring is titled in Husband's name. The parties agree that Husband shall be solely responsible for all payments, maintenance, insurance and other costs or fees related to the Sebring. Husband agrees to indemnify and hold Wife harmless for any and all liability related to the Sebring. Wife shall be solely responsible for all payments, maintenance, insurance and other costs or fees related to the Corsica. Wife agrees to indemnify and hold Husband harmless for any and all liability related to the Corsica. 5. DIVISION OF REAL PROPERTY 6. MARITAL DEBTS The parties do not own any real property. Husband shall be responsible for all marital debts solely in his name and Wife shall be responsible for all marital debts solely in her name. Husband shall indemnify and hold Wife harmless for any debt in his name. Wife shall indemnify and hold Husband harmless for any debt in her name. 7. PENSION AND RETIREMENT ACCOUNTS HUsband and Wife shall maintain their separate pension and/or retirement accounts. Husband relinquishes any and all rights he may have in Wife'S pension or retirement accounts and Wife relinquishes any and all rights she may have in Husband's pension or retirement accounts. 8 . CUSTODY The parties agree that Wife shall have legal custody of their Children. Subject to Husband's right to visit with the children as both parties agree. 2 , I 9 . SUPPORT Husband is currently paying child support in the amount of $559.00 per month, $258.00 biweekly, pursuant to a Cumberland County Support Order dated June 25, 1996. In addition the support order directs Husband to pay $40.00 per month towards his daughter Kathleen's orthodontic expenses until he has paid a total of $520.00. In addition, Husband shall be responsible for 1/2 of the day care expenses for the children, provided Wife supplies receipts for the day care provider. Husband shall have no liability if Wife fails to provide the receipts. Husband shall be responsible for providing medical coverage for the children as long as such medical coverage is available, at a reasonable cost, as part of the Husband's employment benefits. However, if wife can cover the children through her employer at a cost less than Husband, Wife shall cover the children and Husband shall reimburse Wife for the cost of the medical coverage. Pursuant to the support order Husband is liable for 70% and Wife 30% of the unreim!:lursed cost of any of the children's medical expenses that are not covered by either parent's insurance. The parties agree that in the event of a material change in the cost of living or the financial circumstances of either party, or of a change in the custody arrangements set forth herein, the amount of the support payments shall be subject to an appropriate adjustment by agreement or, if the parties are unable to agree, by the Domestic Relations Office or Court of competent jurisdiction. 10. FILING OF IRS RETURN Husband and Wife agree to file a separate tax return for tax year 1996 and all subsequent years. Husband agrees that he shall file and claim the capital gain realized in the sale of the marital home. Wife agrees to pay Husband 1/2 of the capital gains tax actually owed by Husband as a result of the sale of the marital home. Upon receipt of Wife's 1/2 contribution Husband shall indemnify and hold wife harmless for any taxes, interest and/or penalties that are or may be due as a result of any capital gain realized on the sale of the marital residence. 11 . DIVORCE The parties agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that at the expiration of the mandatory 90 day waiting period the parties will execute and allow to be filed the documents necessary to obtain a divorce. 3 12. INCORPORATION This agreement is to be incorporated into any subsequent Degree in Divorce. 13. CONTINUED COOPERATION The parties agree that they will within fifteen days after the execution of this agreement execute any and all written instruments assignments, releases, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this agreement. 14 . 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, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 15. VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledges that the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 16. WAIVER OF CLAIMS AGAINST 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, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator or executor of the other's estate. 17. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 4 '*....,..........~~...._~.._...._I.....!Z. . i , 18. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities 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. ~ 19. PRIOR AGREEMENTS It is understood and agreed that any and all prior agreements which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void and of no affect. 20. ENTIRE AGREEMENT This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 21. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever in determining the rights or obligations of the parties. 22. APPLICABLE LAW This agreement shall be construed under the laws of the commonwealth of pennsylvania. IN WITNESS WHEREOF, the parties set their hands and seals ~/J J) ~...I witness / ii- /Jif. '/1 / / Date ,/ cpVJJ,r;) It) t~i-; ~J.tness 1...\- \5- '11 Date 5 SHERRY L. YESCAVAGE, IN THE COURT OF COMMON PLEAS PLAINTIFF . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO. 97 - 754 CIVIL TERM . . . THOMAS J. YESCAVAGE, . IN DIVORCE . DEFENDANT PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: February 21, 1997, by Certified U.S. Mail, Restricted Delivery. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff, May 28, 1997; By Defendant, May 30, 1997. 4. Related claims pending: None 5. Date and manner of service of the notice of intention to file praecipe to transmit record, Waiver signed by Plaintiff on May 28, 1997. Signed by Defendant on May 30, 1997. 7hm/rP} ']), 4d Thomas D. Gould Attorney for Plaintiff SHERRY L. YESCAVAGE, . IN THE COURT OF COMMON PLEAS . PLAINTIFF . CUMBERLAND COUNTY, PENNSYLVANIA . . NO. 97 - !y!;- . v. . CIVIL TERM . : THOMAS J. YESCAVAGE, . IN DIVORCE . DEFENDANT : NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A jUdgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, inclUding custody or visitation of your children. When the ground for is indignities or irretrieVable breakdown of the marriage, you may request marriage counseling. A list of marriage Counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, CarliSle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator Cumberland County Courthouse Fourth Floor Hanover and High Streets CarliSle, PA 17013 (717) 697-0371 Ext 6200 v. . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 7 ry CIVIL TERM IN DIVORCE SHERRY L. YESCAVAGE, PLAINTIFF . . . . THOMAS J. YESCAVAGE, DEFENDANT COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE 1. The plaintiff is Sherry L. Yescavage who resides at 30 Walnut Lane, Camp Hill, Cumberland County, pennsylvania 17011. 2. The Defendant is Thomas J. Yescavage, who resides at 1715 Nakia Way, Eagan, Minnesota 55122. 3. The plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 3, 1983, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. 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':,',,':',' '::::':':: <...;,,~'?:. .:>":' ';?i~.;:':' ;,:,:';,C.:::; ::.;) ,';,' , ':' "":<:,,;~. ..>:,' ,'" ,;;.:.:, ,'" :' .;1'1;,,;-; ,> '; :, ':. ::-"';:.,{ , '. '" "'.:. ,.' ',;.., '.: ,.'; , ,::;:,;,,;/, "'~::"',:,. ",' .', ',":;'),:' :,;L';,~'.;":"',::';';:P:' . .. '.' /'" J'.;' , :~' 'i,,~<'f;;c,~~;;:s::'; ;~?" ,F;,~;;,;: ' y.:c,:::;:'~ .:.. ; ,',: ',' "-"",:'~J'~k~~1~t::,.~;,~"t'i.;:<",,:c.,,. " ':",; . I 91eonuz6, 91>, 1lfHdJ., . ~i .~ ?;~. f,,, ':.:. '-:\ .:".,''':,i, ". .;,:";" :.. ',: , (' . ATTORNEY AT I.AW 2 E, MAIN STREET SHIREMANSTOWN. PA 17011 7'7-731-1481 ',' ~ :; . , -,",;"C', ,:.; .. ',,' :::' .'!;; - , , ;- '~'ff':"I-"'I""""",,_ '_____ ., '~.'Il'",,, ........b -_.....____ '/ .~I~-.;...dd....O'.....-OI'hIolonnlO...,..c.,,'"'''''''''. ' .~ 1onn1o"'''''''ot''''''''''''''-''''OO'hobocllff_doootlO/ ' II .WI1/0.R......R-..1'Ioq , , 'Ii .~IloI.."R_"'....,,:-:~":,.~~...~"!'.IIi<Io~ e _~ _ .__......._ .. J 3. ArliCi. Addres.." to: t !to!>''!.f J. YffCaV(.l.9't. IllS' A/nK(~ t.JAy E II G (1 It) , 1!.-1 11/ 5 S I 2 <. '!i l .ll 5, RSCsIv8l18y: (PI/m NBmeI /&lso WISh to rSCslve th. fOllOWing sel\1cos (for en ."'ra f.e): l~r.ss.e'sAddress J' 2,~ ROstnct8l1 DOl/very Consult Poslmasler for fee, .s: ... ArlJCI. NUmb.r 1 P l/3() SS _ 'b. SOl\1c. TyPe i o Reg'Sler8l1 )( CerJi"8l1 II: Expr.ss M." 0 Insur8d .1 Rol1tm R~ for MeICtland.. 0 COO !: 7, O.'e 0/ O.'lvery .h rrg, ;, ~ IOn, il L , "I ~ 8, Addr.".e's Adiir.ss (Only" requ.s/8d ... ~~.~A!~) I Domestic Return Receipt + SHERRY L. YESCAVAGE, . IN THE COURT OF COMMON PLEAS . PLAINTIFF . CUMBERLAND COUNTY,PENNSYLVANIA . . . v. . NO. 97 - 754 CIVIL TERM . THOMAS J. YESCAVAGE, . IN DIVORCE . DEFENDANT . . CERTIFICATE OF SERVICE I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by Certified Mail No. P 430 557 866, restricted delivery, return receipt requested, by depositing the same in the United States mail on February 14, 1997, pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the green return receipt card attached hereto, the Complaint was received by the Defendant on February 21, 1997. ~ D. ~jfl Thomas D. GO~AA~ ID I 36508 Attorney At Law 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 SHERRY L. YESCAVAOE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97 - 7SV CIVIL TERM THOMAS J. YESCAVAOE, DEFENDANT IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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 in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: IY\~ Y "3,D. \ C\. q 1 7k~~ Tho~ J. Ye avage