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HomeMy WebLinkAbout01-2714 FX - , , . 'li..,_ ;fir> KELLY REBECCA YINGST, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COuNTY, PENNSYL VANIA vs. No.OI- .?7/fCIVIL CIVIL ACTION - LAW ACTION FOR DIVORCE I CUSTODY RUSSELL WILLIAM YINGST, DEFENDANT ORDER AND NOW, this day of , 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of ,2001, at _ o'clock _ .m., for the Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older shall also be present at the conference. Failure to appear at the conference may provide for entry of a temporary or pennanent order. FOR THE COURT, BY: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYEROR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue CarlislePA 17013 (717) 249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ~ ~ . ".l ~ ~ 'iill_lf"~L" ~~ ,""",1 -",~, -" ",---' "'ift'. KELLY REBECCA YINGST, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA vs. . ; NO. 01-2.1111 CML RUSSELL WILLIAM YINGST, DEFENDANT : CML ACTION . LAW : ACTION FOR DIVORCE I CUSTODY 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 action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOUW TAKE TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue CarIislePA 17013 (717) 249-3166 1-800-990-9108 '~'lI .~ ~, ", 1lli;~ - KELLY REBECCA YINGST, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. . : NO. eJl_;Z 7/'f CIVIL RUSSELL WILLIAM YINGST, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE I CUSTODY NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. lbis notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania, 17013-3387. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. ~'- - ~. lIIjo~ "" KELLY REBECCA YINGST, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. . : NO. 01.:11/'1 CIVIL RUSSELL WILLIAM YINGST, DEFENDANT : CIVIL ACTION . LAW : ACTION FOR DIVORCE I CUSTODY COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301~) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, KELLY REBECCA YINGST, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P .C., and makes the following consolidated complaint in divorce for divorce and custody. 1. Plaintiff is KELLY REBECCA YINGST, an adult individual, who currently resides at 419 North Walnut Street, Mt. Holly Springs, Cumberland County, Pennsylvania, 17065. The Plaintiffhas resided in Cumberland County for over fIfteen (15) years. 2. Defendant is RUSSELL WILLIAM YINGST, an adult individual, who currently resides at 308 North Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania, 17065. 3. Plaintiff and Defendant have been bona fIde residents in the Commonwealth for at least six months immediately previous to the fIling of this Complaint. 4. The Plaintiff and Defendant were lawfully married on May 17, 1997. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint fIled for divorce. 6. The marriage is irretrievably broken. , - , I. ~.' ", ,"- ....;~lJ"-j,: 7. Plaintiff has been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. 8. Neither Plaintiff nor Defendant was a member of the United States Military Services. 9. Plaintiff and Defendant have one (1) child from their marriage, BLAKE MITCHELL YINGST, born July 9,1999. COUNT I - REOUEST FORNO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference thereto. 11. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, KELLY REBECCA YINGST, respectfully requests the court to enter a Decree of Divorce pursuant to section 3301 ( c) of the Divorce Code. COUNT n - REOUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(8) OF THE DIVORCE CODE 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference thereto. - , ~I" , "".'...' ""'i"l........",~~i, 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff, KELLY REBECCA YINGST, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. COUNT HI - REQUEST FOR CONFIRMATION OF CUSTODY UNDE~ SECTIONS 3104(a)(2) and 3323(b) OF THE DIVORCE CODE 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference thereto. 15. The parties are the parents of the following unemancipated child who resides with the Plaintiff: NAME AGE SEX DATE OF BIRTH BLAKE MITCHELL YINGST 22 months Male July 9,1999 16. During the past five (5) years the child has resided with the parties and at the addresses herein indicated: WITH WHOM ADDRESS FROM / TO Plaintiff and Defendant 419 North Walnut Street, Mt. Holly Springs, P A Birth to April 13,2001 Plaintiff 419 North Walnut Street Mt. Holly Springs, P A April 13,2001 to present 17. Plaintiff has not participated in any other litigation concerning the child in this or any other state. ~ . .-k' - j' , < ' ~' " ~, --',;" Illite 18. There are no other proceedings pending involving custody of the child in this or any other state. 19. Plaintiff knows of no person not a party to these proceedings who has physical custody of the child or who claims to have custody, partial custody or visitation rights with respect to the child. 20. The best interests of the child will be served if both Plaintiff and Defendant have Shared Legal Custody, with Plaintiff having Primary Physical Custody and Defendant having Partial Physical Custody of their child. WHEREFORE, Plaintiff, KELLY REBECCA YINGST, respectfully requests that, pursuant to Sections 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an order confIrming Shared Legal Custody with Plaintiff, KELLY REBECCA YINGST and Defendant, RUSSELL WILLIAM YINGST, Primary Physical Custody with Plaintiff, KELLY REBECCA YINGST, and Partial Physical Custody with Defendant, RUSSELL WILLIAM YINGST, of the parties' one(l) minor child, BLAKE MITCHELL YINGST. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDlELLO, P.e. Dated: May .:!>-, 2001 Susan Kay Candi 0, Counsellor Plai tiff PAI.D.#64998 5021 East Trindle Road Suite100 Mechanicsburg PA 17050 (717) 796-1930 - -" ~~"~ . 'o(l"", ", VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. DATED: s- 3 - ,2001 i . KEL/f.:i~~~ " 1 ,',- >c "'"'" .' ~~" '" ~", ' . KELLY REBECCA YINGST PLAINTIFF V. RUSSELL WILLIAM YINGST DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2714 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 09, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Me.hani.shnr/(, PA 17055 on Tnesday, Jnne 05, 2001 at 8:30 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The conrt hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR TIlE COURT, By: Isl Dawn S. Sunday. Esq{JP Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ _~___.JJ k~' r.~ ~~~_~ . "", rc 'q"c,- i~:l_t I---C:r"d ,[: (",- '-il ,-- c_ '~''''T!''':''~f,lf)T!\R\! lJr" ': '_'_'" Jt,: I 1'1 '''nv I n Pi.! 2: {.r; VI 11;"11 ,.... .., "\01 CUi'libL.i'L/I,\D COUNTY PENNSYLVAf-J!A -5/0-01 M~M~ -d44~ $-!O't?! 7l~ ft<-~ z: 1::' S/tJ. 0/ t'''f2y ~ i! 4 ~ - - ~' ~"~-- ~ .,/!l'Ill!I!. _ ~w. ..!~~ ~~M~.~.,~"!~,,..,.,_~ ",<""",~,_, .~_., , ,'" ,- ,_ ..: '''''''''-''''If!",'':'''''!;<;',''-~'''''i"''''',''-"'i,~0''_''''''''\,,*,W'!'*t't.i\'k'f&'~,"~j~"f-""~;';'-~I;r;~,,~,;.,--,1.--r."fili11llf~:1f'!Jl~~: "",~I~~!I'T'"":,!,,!,_..,.,11,_",,, ' '-," <.' '"' ., "-'" . ,,,--' ''''-k'-''_'' Jii&:li'fc:.'o , t , . KELLY REBECCA YINGST, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. : NO. 01-2714 CIVIL RUSSELL WILLIAM YINGST, DEFENDANT : CIVIL ACTION. LAW : ACTION FOR DIVORCE I CUSTODY AEElDA VIT OF CONSENI 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 4, 2001. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equit;J.ble distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 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 further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ID-'3-ol DATE . a;~RE~~~ :-,~,"g,'lt"-~'-~lf' ;-lM:jtiIl~tlflil-r':;-L;i-;:"im:fI)jl~~~~,mt;;.f~'1,~j~.r.1i1 ty"'- , .", " --~~""~~,,,,,",",'-~"~-~----~">~''''-'''" --, "., ~, ",,,,-,,~..,", ~- ~,.--, ',~'--'~,~- ,-- --~ trJ1f ""'lIilIjj"'''^'''. "" " ,,< [Bt~-: 2:;:-'- c" ;-_ ~:.c'__ ~C--' ~f; ,.....'C: -7 "3 """. r~d '...,: ',,' . '=' ~'-) ~-4 . U) ;2 \0 _',J -< ~ ,~ "~ ..L Ii"...,;,. _, "".._ "".. "':"d'>'_~-'<""'" "~";' - KELLY REBECCA YINGST, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 01.2714 CIVIL RUSSELL WILLIAM YINGST, DEFENDANT : CIVIL ACTION . LAW : ACTION FOR DIVORCE I CUSTODY AFFIDA VIJ' OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 4, 2001. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, eqnitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 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 further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. q - :2.'-/-- C7 ( DATE -----;/ ~# .. ~V~ RUSSELL WILLIAVYI GST ~"'"''''~~~~''''''-" --n-tl"1E~ili~~~>;!lilli&J~~.m,j>_~,iw;.iI!;~JilifoiW""''' ~^ .~ ~/,~ " ~,'''' , lI:l-<.i ~- . ,--- '.-," c': ~" l{U> Ii -'-"'c'.-..:.' ~ -::: ", o ::--:-1 '~'=-! , t/) -.-.:::: ,',) (.'- -' ..:::.:1 ~. ~ f" .."~.... ~ : ,~ - '''. - , . i'~, . ~, _ 'c" ~, .-",";--' ",'L"--'",,' ""'-j-,. _,,,","_,,,,,--., '- ,- -' ""......e:; KELLY REBECCA YINGST, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA vs. : NO. 01-2714 CIVIL RUSSELL WILLIAM YINGST, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE I CUSTODY WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF DIVORCE CODE I. 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 in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 10 ~3- O{ DATE ;;Z~ '1fkf~ KELLY BECCA YING ~D~~' ''';~_~;;i.lil!!1\l!,~icil''11l!'J<~'~OO~_~~ -"l~'1i :.F. ..= .. ~~~'.___h.__ ., .~_ _~ --~ -~ -OM.. -," --'. '..,- J^'~ ... () ~ '-:'1 <- ~~1 g~,~:: /" c_ ~~ -- c.':;. -- I~j ,""..;;J ,-' ~ ~ -,-' , . ,c I.c ' -; ~"i-~" "";_~~: -,~ " , . KELLY REBECCA YINGST, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA VS. : NO. 01-2714 CIVIL RUSSELL WILLIAM YINGST, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE I CUSTODY WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330Hc) OF 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 di vorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. q -;< q ~e;? ( DATE ~A,&j/~' RUSSELL WILLlAMJ1N T i~_~~m~~~'li'i.Wt!\.':P.<)~H*,iiill~;m"'ii~;;,,,,,,~'1J~~'~ '--"''-'~'''''"'''.IliiII:!llI~~ ~~ ,~ 6 U - <"" ,-,~ ~,~ ~~~,~=- '.~-" ".. ~~ _"o~'~"'>~ _ " ,_ ~ >,,~.,," ,-'" ",-, -.\.,~.~-,- _. 'c~ ~~ -"e,' (') C'i ,,-::; <' c:J T C"") n1 " ~.......{ ~~ , (,!) t.':) -c I":,,:::: C ' , --, ,- c:- , -7 :> c> -0, c: 7-?':' ;"'",) -i --.;: lit -. ,1"-- .~;.--." I'" KELLY REBECCA YINGST, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : NO. 01-2714 CIVIL RUSSELL WILLIAM YINGST, DEFENDANT : CIVIL ACTION. LAW : ACTION FOR DIVORCE I CUSTODY AFFU>A VIT OF SEjJ..VIcE cERIIFJED MAIL COMMONWEALTH OFPENNSYLV ANIA SS: COUNTY OF CUMBERLAND Be it known, that on the q~ day of ~~ ,2001, before me, the subscriber, a NoWy Public, personally. appeared SUSAN KAY CANDIELW, who, being duly sworn acc()rding to law, did depose and state as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. I represent Kelly Rebecca Yingst, Plaintiff in the above-captioned matter. 3. On May 22, 2001, a true and correct copy of the Complaint for No-Fault Divorce Under Section 330l(c) of the Divorce Code, was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being Certified/First Class Mail, restricted delivery, return receipt requested, Article No. 7000 167000034925 fY769, and addressed to the Defendant, Russell William Yingst, at 121 Hilltop Drive, Monnt Holly Springs, PA 17065. The return receipt card signed by the Defendant, Russell Yingst, showing a date of service of May 30, 2001, is attached hereto as Exhibit "A". Jir~~ - ~- J I , ~'iii>'", i . . 5. Service by certified mail meets the requirements of Pa.R.C.P. 404(2) and Pa.R.C.P.403. SUSAN KAY C Counsel for Plai SWORN TO AND SUBSCRIBED before me, a Notary Public, this q+'t\ day of ~ 1 b~h , 2001. 14~~~~ Notary Public My Commission Expires: Notarial Seal K1mbe~y R. Hanford. Notary Public Machanlcsburg BolO. Cumberllind COUnty My Commission expires Apr. 4, 2005 SENDER; COMPLETE THIS SECT/ON . . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: ~v..ssd\ Ur(n\&~ ~\\\~'ST \cl\ ~\.\\tb\' O\\\le.. ~.:""'_ ~Cl\ll\.-\- t\DL\L.1 'Spr1i\3S PIt /'){;(p5 RESTRICTED DELIVERY D. Is delivery address diffe tfrom item 1? [f YES. enter delivery address below: 3. Service Type )(.Certified Mail o Registered o Insured Mail DAgent o Addressee DYes DNo o Express Mail o Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number (Copy from service label) _ _ _ _ _ _ __ ')t:aJ 1&10 ()005 '-i. q~5 D'I(d1 PS Form 3811, July 1999 Domestic Return Receipt Exhibit "A" p(ves 1Q2595.99.M.1789 + - "'. ,,' , -, "-~- ';.;' UUN (j , li{'(f. KELLY REBECCA YINGST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CU~1BERLAND COUNTY, PENNSYLVANIA . . vs. : NO. 01-2714 CIVIL TERM . . . CIVIL ACTION - LAW . RUSSELL WILLIAM YINGST, . . Defendant . IN CUSTODY . ORDER OF CXXlRT AND~, this 5th day of June, 2001, the Conciliator, having been advised by Plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. The CUstody Conciliation Conference scheduled for June 5, 2001 is canceled. FOR THE COURT, -~~ CUstody Conciliator "*iN'~iii!ili!:IiB\f~"'f~M.t';lW<~r"j-,'W.,0~~J!j~l..>$;_iliilif.!i<ili.Jt<,"'~"'*~;~"'1S!iH1<it~4,,;;;<;~ - "' ;,5;; 'u . " -~ '''-'''.~,~~ 'M."_ _~"~'..:",", ",. ~, ,,"""0"> ,,' '~",",~"" ~")'.,'l. ..",<:;;,.f....., -1IllI...._'..!W li!J!Ilt'lil"tt!6!1!I1li!iilfl~"'<!i!iti~\i.B! ; ,~" ;"', ,- ,,~- ,,~- "ML4lii~~1ll 0 c::> 0 C -n - , ",. c: ""O(.G --n rnf7'1 ;;e: " Z::O -\11 mL; ,.-')\::J .;/'L: ~=-~c, ,<C -0 _,=-T, -,- -n )0>0 ~ Qo 20 '-8 -orn ~c: -'4 ~ Ul ~ ,0 ""0":'\ ,",,,--',\1,""", :",-. ,.,,,-,-,',~"'_"".'--'-' "".'._,,",,,""'7'. < "-".' lITII. ~ .'" , ~ KELLY REBECCA YINGST, Plaintiff v. RUSSELL WILLIAM YINGST, Defendant 6.'.' " -- .--. . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2714 CIVIL CIVIL ACTION - LAW ACTION FOR DIVORCEfCUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of undersigned counsel on behalf of Defendant, Russell William Yingst. METZGER, WICKERSHAM, KNAUSS & ERB, P,C. C,. By Dated: ~;;tf~ I / Document #: 208841.1 E. Ralph odfrey, Esq ire Attorney J.D. No. 7705 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendant ~ ~~ ~- """""~ ~ .. V~< .. .. CERTIFICATE OF SERVICE AND NOW, this 18th day of June, 2001, I, E. Ralph Godfrey, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Defendant, hereby certifY that I served a copy of the within Praecipe for Entry of Appearance this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Susan K, Candiello, Esquire 5021 East Trindle Road, Suite 100 Mechanicsburg, P A 17050 {! Document#: 208841.J '"".;i ,I. ~ ., .;; .:. ~; ~ KELLY REBECCA YINGST, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA . . VS. : NO.01-2714 CIVIL RUSSELL WILLIAM YINGST, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY The Plaintiff ("Mother") is KELLY REBECCA YINGST, who currently resides at 419 North Walnut Street, Mt. Holly Springs, Cumberland County, Pennsylvania, 17065. The Defendant ("Father") is RUSSELL WILLIAM YINGST, who currently resides at 121 Hilltop Drive, Mt. Holly Springs, Cumberland County, Pennsylvania, 17065. BLAKE MITCHELL YINGST, ("Blake"), born on July 9, 1999, is the subject of this Stipulation for Agreed Order of Custody and is the natural child of the Plaintiff and Defendant. It is Plaintiff and Defendant's belief that it is in the best interests of their minor child to have a meaningful ongoing relationship with both his natural Mother and natural Father, provided the child is in a safe environment. WHEREFORE, Plaintiff, KELLY REBECCA YINGST, and Defendant, RUSSELL WILLIAM YINGST, have entered into a mutual agreement regarding the custody of their child and respectfully request this Honorable Court to enter the following Order: 1. Plaintiff and Defendant shall share Legal Custody (as defined in 23 Pa. C.S.A. Section 5302) of their minor child, BLAKE MITCHELL YINGST. 2. All decisions affecting Blake's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential . '" J ._~,_ ~ -- . -11;;Ulillli.'< , litigation involving their child, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities, shall be cousidered major decisions and shall be made by Father and Mother,jointly, after discussion and consultation with each other and with a view towards obtaiuing and following a harmonious policy in the child's best interest. 3. Mother and Father agree to keep the other informed of the progress of their child's education and social adjustments. Mother and Father agree not to impair the other's right to shared legal or physical custody of the child. Mother and Father agree to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of their child. 4. While in the presence of their child, neither Mother nor Father shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncompliment;J.ry to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. 5. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage their child to participate in the plan hereby agreed and ordered. 6. Each parent shall have the duty to noill)r the other of any event or activity, which could reasonably be expected to be of significant concern to the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Day-to-day ~- , ~ ---l', ' decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. It shall be the tesponsibility of each parent to contact the child's school and obtain information about the child's education and major school events. 9. Mother shall have Primary Physical Custody and Father shall have Partial Physical Custody of their minor child, Blake Mitchell Yingst. Father shall have Partial Physical Custody according to the following schedule: A. Every other weekend beginning Friday at 5:00 p.m. through Sunday at 5:00 p.m; B. The Thursday after Father's weekend from 5:00 p.m. to 9:00 p.m. and the Tuesday after Mother's weekend from 5:00 p.m. to 9:00 p.m.; C. It is agreed both parties shall be entitled to two (2) non-consecutive weeks of summer custody for vacation purposes. Each parent shall notify the other parent in writing of the dates and times of said summer custody at least thirty (30) days prior to the time each parent intends to exercise such right. D. The parties shall alternate the following holidays with Mother having Memorial Day and Labor Day and Father having Easter and Independence Day in 2001, to alternate annually thereafter. 1) Easter; 2) Memorial Day; 3) Independence Day; 4) Labor day. E. New Year's Eve and New Year's Day shall be alternated by the parties with Father having Section A and Mother having Section B in the year 2001, to alternate annually thereafter: Section A: New Year's Eve through 1 :00 p.m. on New Year's Day; and, Section B: New Year's Day from I :00 p.m. through 8:00 p.m. on the day after New Year's Day. F. Christmas shall be alternated by the parties with Mother having Section A and Father having Section B in the year 2001 to alternate annually thereafter: Section A: Christmas Eve through Christmas Day at 1 :00 p.m; and, Section B: Christmas Day at 1:00 p.m. through the day after Christmas Day at 8:00 p.rn. G. Thanksgiving shall be alternated by the parties with Father having Section A and Mother having Section B in the year 2001 to alternate annually thereafter: Section A: Thanksgiving Day until 2:00 p.m; and, Section B: Thanksgiving Day at 2:00 p.m. through 8:00 p.m. H. Father shall have the child on Father's Day and Mother shall have the child on Mother's Day; I. Holidays shall extend from 9:00 a.m. to 9:00 p.m. or until such times as Mother and Father can agree upon; , -', .' ~'. ,c,..;' -, L", , , " J . Father shall have such additional visitation with the parties' child as can be mutually agreed to by the parties; K. All holidays, vacations, and specially designated times for visitation with the child shall supercede the regularly scheduled visitation. 10. Father and Mother agree they shall provide each other with the location of the child and an emergency telephone number where the child can be reached, if and when they take the child on a vacation or to another location unknown to the other parent. 11. The parent receiving custody of the child shall be responsible for transportation or as Mother and Father can mutually agree upon. 12. Each parent agrees to immediately inform the other of their new address and telephone number upon relocation, temporary or permanent. 13. Each parent agrees to always utilize child restraint seats and seatbelts when transporting the child by automobile. 14. Mother and Father agree to be responsible for any ordinary everyday expenses which occur during their individual custody periods with their child. 15. Mother and Father shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by both parents. DATED: :::luJ'I IO"~ ,2001 ~~Jbif KELLY BECCA ST :;2-~e# y ~ RUSSELL WILLIAM GST DATED: 1M!Jl1...5 t- ~;J ,2001 ~ ~ . .,.;" :,",.Li ~,(, ,~ ~, Pi:, " COMMONWEALTH OF PENNSYL VANIA COUNTY OF tQm.ue.~lo..w ss: On this, the (;)~ day of au.~ ,2001, before me, a Notary Public for the Commonwealth of Pennsylvani , the undersigned officer, personally appeared KELLY REBECCA YINGST known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that she executed the same for the purpose therein contained. IN WI1NESS WHEREOF, I have set my hand and not;J.rial seal. ~~,~~ Notary Public 0 My Commission Expires: Notarial Seal ~m~,R' Hanford, Notary Public 1810 rg Bora. CUmlllirfancf ~ My Comm/sa/on Expirea Apr. 4, 2005 COMMONWEALTH OF PENNSYLVANIA COUNTYOF DAuPHIN ss: On this, the loEL day of ~ '1 , 2001, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned offioer, personally appeared RUSSELL WILLIAM YINGST known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that he executed the same for the purpose therein conWned. IN WI1NESS WHEREOF, I have set my hand and notarial seal. !lLt2d7~ Notary Public My Commission Expires: NOTARIAL SEAL CAROL A. LYTER. NOTARY PUBLIC Harrisburg, Dauphin County My Commission Expires Dec. 28 2004 ~_~~~i~'j@~,~~~~~....,...j;i:;0I~N;1, ..}~,'';'1~'hW;i;';;i!8iJ:;'j,~""'?EliM"i,,iirtlWiftI411;''il~ii!lIibIWL" iiIlll!i:llf''ti\?~. . ~ f.i~I.Ml;i" -- ~- ~11 '\(X 0 0 ~; C ? t1ClJ "'" rTIfT: c: Z::rJ G') F:"i ~.-::! 2T I ~dL~: (f) <~; 0" -<~.. ' '~~.L. kC) v , \,.j '"1", ~C ;;.'.--'1"; C:' \.-.}() >c ~ Of"n Z ..-1 =< i'-> 55 Ul -< " 0 ~_ ,~ 0". ~,~J _"" ~,~ ~? -. ",~ ~'-~-'~',,^ -,",,~~~~.," -~-,-...".",,-, -",. --"-'- ~ ,. .,"~' -"',~.~ ~-- -" I~ > ;. ,," ~."' ,'" , oil;", KELLY REBECCA YINGST, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : VS. : NO. 01 . 2714 CIVIL RUSSELL WILLIAM YINGST, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR CUSTODY ORDER OF COURT . AND NOW, this ~ day of ~1, upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff, KELLY REBECCA YINGST, and Defendant, RUSSELL WILLIAM YINGST, shall SHARE LEGAL CUSTODY, Plaintiff, KELLY REBECCA YINGST shall have PRIMARY PHYSICAL CUSTODY and Defendant, RUSSELL WILLIAM YINGST shall have PARTIAL PHYSICAL CUSTODY of their child, BLAKE MITCHELL YINGST , in accordance with the language contained in the attached Stipulation. .. \ , BY THE COURT:) , '-. J. j1 . ~ ~ r::~ ~~Iill'!\~if~"'aiMiI~~i@..til~lL~~i'H'i.it!k";':;"',t<AfiI'i",~~i!i"<ii~jU"-<"-j"'~ TlliiE ~"' ""......,..~ ~r-"" -< '1~ }JN~m~~\~~~~\'\[\8 ~ \ 'J; 'I\\:l \ ''; II" \1 ',..' ^lJ."P\ 'j '\}. ).\:',\i lC: ,;C) , -'::CF- CH M~_U, 1__"_,,, ,_4,,,,__,~ ~ ,~_ 'e~ ~ _ ","".][J" ,,,,. , '1'"-",,)?:,~,;!,_,, ". ",.1., ,y"',-",,,r,,,., ,_ '",<\;~:h~~~1";\'h-r,,- _',~," _ "-C,^, ~,,,1''l,.) ,Y'r _,W,.~ _ <,; _ . - ~- -,', ,"- ",' _ --. ~ < , '-, ^" ',""~ ~_ ',~~-," -f-;;'. -"~,~-.,,.., , ~" -,- ,>," ~" ~'" . , ~TALPROPERTYSETTLEMENTAGREEMENT TIDS AGREEMENT is entered into this~~y Of~ltt\iX.S\ ,2001, by and between KELLY REBECCA YINGST and RUSSELL WILL YINGST. RECITALS Wife's Birthday and Social Security Number: September 6, 1972 200-48-8335 Husband's Birthday and Social Security Number: November 6,1971 206-64-9387 Date of Marriage: May 17, 1997 Place of Marriage: Carlisle, P A Last MariW Residence: 419 North Walnut Street, Mount Holly Springs, Cumberland County, PA 17065. Date of Separation: April 13, 2001 BLAKE MITCHELL YINGST, born on July 9,1999. Children: Pending Court Proceedings: Divorce Court of Common Pleas No. 01-2714 of Cumberland County, Pennsylvania WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband 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: the ownership and equitable distribution of mariW property; the past, present and future support, and/or maintenance of Wife by Husband; and, in general, 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 of the 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 '~-'- . ~-.,J ' '-i,-".",5.-';' _,,,-,_,'_'., ".:'_"~ ',,;~:>~:.'>,; "'~~i~~ - :--" "~~I PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow'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 test;J.ment;J.ry, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residUllry portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. 2 "' L'- L - -1-. ' .' - ''',,' Jo" ." _' ." .'';'' c,'''''''_ ".., ,. i;, _"_:,."..,~;,~,,, _'. :;; (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties cont;J.ined in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE DECREE In the event that either of the parties shall recover a fmal judgment or decree of absolute divorce. against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 31 05( c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Concurrently with the execution of this Agreement, the parties shall sign Affidavits of Consent and Waivers of Notice ofIntention to Request Entry of Final Divorce Decree. Wife shall be responsible for filing these documents and frnaiizing the divorce. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 3 ~,,' ~,,- , _J, J" _" '. -.,'n-;"e,-' 'J_;,; ., "'~,,-_-. ~'.', --h_~_'" :__~ ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Susan Kay Candiello, Esquire, for Wife and E. Ralph God(rey, Esquire, for Hti~band. The parties acknowledge that each has received independent legal advice from counsel' of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as'amended, and other applicable laws. Each party confIrms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. VOLUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and volunt;J.rjJy, without any duress, undue influence, collusion or improper or illegal agreements. 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 or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding this provision, under applicable Pennsylvania law, the parties understand that any provision of this Agreement relating to child support or to custody shall be subject to modifIcation by the Court upon a showing of changed circumstances. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 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. 4 '. .. ,_." I. " - ~ , . -,"",y.' . -",'-"J ,-' , "'"".:y;,_b'-"_' - ",,'~, ADDITIONAL INSTRUMENTS Wife and Husband covenant and agree that they will forthwith (and within at most ten (10) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. 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 her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to E. Ralph Godfrey, Esquire, at Metzger, Wickersham, Knauss & Erb, P.C., 3211 North Front Street. P.O. Box 5300, Harrisburg PA 17110-0300, or such other address as Husband from time to time may designate in writing. Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Susan Kay Cartdiello, Esquire, at the Law Firm of Susan Kay Candiello, P.C., 5021 East Trindle Road, Suite 100, Mechanicsburg PA 17050, or such other address as Wife from time to time may designate in writing. 5 ,',-," "i_"l' ,-,,": >."."-' ',V~1V _,,~ '"'-"T"'L_ "~: ; HEADfflGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BANKRUPTCY OR REORGANIZATION PROCEEDfflGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federailaw) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dil1Chargeable. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. EXISTfflG AND FUTURE PERSONAL OBLIGATIONS Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The plU1ies further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. 6 ,.,~-L ,)< ,;0,;';'" 1.';.1; .,_ ,".'_;'., i',,-,L;,O,"-"". "'-';--,A."),, "". "",' ~ ~:_'}_; ENFORCEMENT The parties intend that this Agreement shall be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. ENFORCEMENT OF SUPPORT AND ALIMONY PROVISIONS The parties hereby agree that all of the support and alimony provisions contained in this AgreeIllent (including both direct and indirect contributions to support and alimony, such as health care payments and the maintenance of health and/or life insurance) may be enforceable by an action in support in accordance with Pennsylvania Rules of Civil Procedure 1910.1 et seq, REMEDIES AND SANCTIONS In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court. ATTORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees incurred by the other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. EOUITABLE DISTRIBUTION 1. PERSONAL PROPERTY . Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property; and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and ~parate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon any claims, which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. 7 '-, :I~- ;',i__ c ..<-~__" " ,,~ ,,-,'",j. ';;',' 2. MOTOR VEmCLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: A. The 1997 Toyota Camry, with an approximate value of Five Thousand Two Hundred Eighty Dollars and No Cents ($5,280.00), presently titled in both Husband and Wife's names, shall hereafter be the sole and exclusive property of Wife, free of any liens and encumbrances. The parties agree this vehicle shall be titled solely in Wife's name. There is a loan of Two Thousand Nine Hundred Sixty-Three Dollars and No Cents ($2,963.00) remaining on this vehicle. Wife agrees to remove Husband's name from this loan and refinance this loan solely in her name, B. The 1990 Chevrolet Blazer, with an approximate value of Two Thousand Dollars and No Cents ($2,000.00), presently titled only in Husband's name, shall hereafter be the sole and exclusive property of Husband, free of any liens and encumbrances. This vehicle was premarital and shall not be included for any purpose other than recognition in this agreement. C. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on execution date. D. In the event that any documents of title to the said vehicles shall be in the hands of a bank or other holder of Ii lien or encumbrance upon either of the said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lienholder as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where the parties' documents of title are in the hands of such bank and/or lienholder. 3. BANK ACCOUNTS Cornerstone Federal Credit Union The parties had joint checking, savings, and a Christmas club with this institution. The parties hereby agree all of the funds contained in their joint checking, savings, and Christmas club accounts with Cornerstone Federal Credit Union have been equally divided between them to their mutual satisfaction and these accounts have been closed. The parties agree that they will execute any documents necessary to effectuate the provisions of this Paragraph on execution date. 8 - I I'-,E.__ ',' r.'-'_c'--;; . - I.'-",,~ "-_~_'__" .~_,~ '_,-:c.o ';:'-'",;" -''''.'''' """ 'J 4. RETIREMENT INTEREST Husband and Wife 401K Husband has a 401K solely in his name. Wife has a 40lK solely in her name. Husband and Wife hereby agree to specifically release and waive any and all interest, claim or right they may have in each other's 401K Stock in E- Trade Account The parties have stock in an E- Trade account in joint names. The approximate value of this account is Three Thousand Dollars and No Cents ($3,000.00). Husband has agreed Wife shall receive the entire amount in this account. Husband agrees he shall execute any additional documents required to place this account and the contents solely in Wife's name and accomplish the purpose of this Paragraph. s. SALE OF REAL ESTATE I DMSION OF PROCEEDS The marital residence has been sold and settlement has occurred. After deduction for all expenses, fees and taxes in connection with the sale and after satisfaction of the first mortgage on the marital residence, the remaining equity in the marital residence has been equally divided between the parties. Husband and Wife each agree to be solely responsible for one-half (1/2) of any capital gains which may result from the sale of the marital residence. The parties agree to equally (50/50) share any tax deductions from sale of the marital residence which can be used in their income tax returns for the year 2001. 6. JOINT DEBTS AND LIABILITIES All joint credit cards obtained during the parties' marriage have been closed and there is no debt remaining on any joint credit cards. All joint debts incurred during the marriage have been either satisfied or placed solely in one of the parties' name at the time of the execution of this Agreement. Each party warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either party in his or her individual name, whether incurred before or after the parties' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. 7. SEPARATE ASSETS A. Rekase: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. 9 ~ ,'. .", .~ ,~," 0 ~, < '-' ,,'j' _:-~, ~ ,- ,,' ""'F' ;"..,';-_~'~ - ','.,,", R Limitation to Assets Disclosed: The above release is subject to the proviso that it shall be effeptive only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets, which have not been disclosed. C. Definition: The term "separate asset" is defmed for purposes of this Agreement as designl!ting any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. IndemnYICation as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties'. separate assets as defined herein. 8. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 9. WAIVER OF SPOUSAL SUPPORT, ALIMONY, AND ALIMONY PENDENTE LITE Husband and Wife do hereby waive, release and give up any rights arising from the continuing existence of their marital relationship, which either may have against the other for spousal support, alimony, alimony pendente lite, or other maintenance of any kind. 10. INCOME TAX RETURNS Husband and Wife have filed joint income tax returns while married. If the parties are entitled to a refund and/or incur any liability as a result of joint income tax returns filed during the parties' marriage, the refund and/or the liability shall be equally divided between them. The cost of preparing and handling any prior income tax return from the parties' married years shall be shared equally between them. Husband and Wife agree to promptly make available to each other all records and information necessary or helpful for the preparation of any tax returns, any claim for refunds, and defense of any tax audit. 10 ~ _ , ,<I. '<A __~"J__ "".,..", ,:.,ci.-,.'.' .'",,,_ . , ~ii';' 11. COUNSEL FEES AND EXPENSES The parties agree to each be fully responsible for their individual counsel fees and expenses incurred in obWning this divorce. Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. ~ ~ ' oes {If/' /jj/'A-'/1J SS . fu~B~~#~/rp WIFE 912(1 WIlNESS -c ~LJ.~ RUSSELL WILLIAM GST HUSBAND COMMONWEALTH OF PENNSYL VANIA COUNTY OF CQ~~~o...~d. On this, the 3rd day of O~ ,2001, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared KELLY REBECCA YINGST known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that she executed the same for the purpose therein contained. SS: IN WITNESS WHEREOF, I have set my hand and notarial seal. ~t.~ Notary Public () My Commission Expires: Notarial Seal ~~ R. Hanford, Notary Public My rg Bolo. CumberI8nd County Commission Expires Apr. 4, 2005 11 . _"_. ,-"i""";,,,--' :;--'"" "",,"", .;- "n_' _ --;'J' sf ',t[,,, k.. ';'~~">i:i COMMONWEALTH OF PENNSYLVANIA COUNTY OF 7)A<.J'PJf(tJ On this, the .2cJ.DL day of ()1lj"7G11?,J?1' _ ,2001, before me, a Not;J.ry Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared RUSSELL WILLIAM YINGST known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that he executed the same for the purpose therein contained. SS: IN WITNESS WHEREOF, I have set my hand and notarial seal. (JJ {2 * Not;J.ry Public My Commission Expires: NOTARIAL SEAL CAROL A, LYTER, NOTARY PUBLIC Harrisburg, Daupnin County My Commission Expires Dec. 28 2004 12 " , .j _-u,., ~~_ ",,', ;~ _~...: " '" .:.- :;,'- -..ii-1'",,,.,--,:;,.,.,,', .,', -',' "".'j-~ .. " .. KELLY REBECCA YINGST, PLAINTIFF IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-2714 CIVIL RUSSELL WILLIAM YINGST, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE I CUSTODY PRAECIPE TO TRANSMIT RECORD To the Prothonot;J.ry: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: I. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: Service upon the Defendant via Certified Mail, Return Receipt Requested, Restricted Delivery, on May 30, 2001. An Affidavit of Service Certified Mail was filed with the Cumberland County Prothonotary on July 10, 200 I. 3. Date of execution of the Affidavit of Consent required by Section 330 I ( c) of the Divorce Code by: Plaintiff: October 3,2001 Defendant: September 24, 2001 4. (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: All claims (d) Please see the Marital Property Settlement Agreement which is being filed simultaneously with this Praecipe to Transmit Record and is to be incorporated but not merged into the Divorce Decree. ,-" ',,'. ., .',.1, I. ';, ,- 0'. "'''_. , ';':'~;-"1'-'.;'i, __ .J- " .~ ~- ._ _;'~;-_~j '" '" 5. I certifY that the Waiver of Notice ofIntention to Request Entry of a Divorce Decree Under Section 3301(c) of Divorce Code as required by Rule 1920.42(e)(1) was executed on October 3, 2001 by the Plaintiff and on September 24, 2001 by the Defendant, and that these documents are being filed simultaneously with this Praecipe to Transmit Record. I further certifY that all other documents required by Rule 1920.42 are enclosed herewith. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.c. Dated: October &- ,2001 Susan Kay C . 10, Esquire Counsel for lainti PAI.D.# 8 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 MIi!i~ffi~~~I'll"~Il]!! It. " ., .",c<, _~ ,~, M'~."'''':if>Iffl;~#1:w.-i''''1ilr~',!;\''&-'''*:~t;r,,,,,,,~ fQtiti' 1lI11.1rAiii '-c.",~"'- "'.__ ~. .,.. h., ,~.~,_""_''''' <-1~,,", -"" _,_.J',"_' 'l" ,__= ~~,"~__-_~_1.,'''_''i>r'''''''-:__-~ "i", ',' ~,' " li~rM,~liillilliA4 ' ".,-. " ~ , - () <;- [:~) .-, ';:;:-) ~-<'-l -t.~ \ ~ : ~)\:,~ ~< ~~:. (;,.:.C' >~<;; 2 I \C ~,o/_ .J , ... r:- ., '" f~.J ~ ~, =, ~~, ,,',~, . -~,- ._~ o ,_. "" '..;H" ',,;. '';';'';', >~"_"_,b" _' "'-' ' . . . . . . . . . ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~ ~ ~ ,. -i: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . . . . PENNA. STATE OF KELLY REBECCA YINGST, . No. 01-2714 CIVIL PLAINTIFF . . VERSUS RUSSELL WILLIAM YINGST, . . . DEFENDANT DECREE IN DIVORCE . NOW,---.f)~"2L- IT IS ORDERED AND -z.vo I AND DECREED THAT KELLY REBECCA YINGST , PLAINTIFF, AND RUSSELL WILLIAM YINGST , 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 . . . . . if. if.:Ii:F.if. / ,/ By T . . J. PROTHONOTARY . ;f. if. "':Ii . . "',,. '0<>' '" ~"'<~";,: . . . . . . . , . , , . , , , , , , , , , , , , , , . . . . . . . . . . . . . , , , , , . . . . . , . . . . . , , , . . . . . . . . , , . . . . . . . . . .' -'<i w'-- - "~~ '. -4" '-%"='-' ", - ".' '""-" ~,-,,< - -"-~ "",~._ ~_"'[k,,,,-,,,,c.- /tJ . /LJ< -01 <c:J/ " -j~ ~"'-.;~'-~-",-".< -"A'L.' ",,'trill C/_"'-, --"'''''---- -- - .o7_'....",~, ' . ~ ~"--- .~~'''"'''-'''--=-'n T [ 'I " }'~ '~ , .. 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