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HomeMy WebLinkAbout01-05880 ~ ::"-:" ~-.' .,-"",<}l,".'c":i{tI'wm I ~l';;z~' . , .. , :t: :t: "'''',+df.;t;;F.:ti . . .. . '" ;+;"'''':ti:f. '" . . . . IN THE COURT OFCOMMON PLEAS . . OF CUMBERLAND COUNTY . . . . PENNA. STATE OF . . . . . . . . . . GLENDALENE M. YOHE No. 01-5al'lGnCIVIL VERSUS . . . . . . RUSSELL F. YOHE . . DECREE IN DIVORCE . . . . . . . . . . . 7.a""'6-j 2-1' AND NOW, , .i!-<>~'Z-- , IT IS ORDERED AND . . . . DECREED THAT ~T.Fl\TJ\T.FNF M _ VOHF , PLAINTIFF, AND RUSSELL F. YOHE , 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. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that the terms, provisions and conditions of a certain ~arital Scttlemeat ~~reemoat dated 2/15/2Q02, :lRd attaghQd hereto, are incopporated in this Decree by reference as though fully set forth horoia. Said AgroomoRt shall Rot merge with but sba" "'''-''1ve . this Decree in Divorce. . . . . . . . . . . . . . . By THE COURT: "/ --1 ~' /f lit... . . . . . . . PROTHONOTARY '" '" '" '" . . . . . I ' , ,--- ,r, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . ';0!~_ffiUlitii1iY~~~.i~~,,'\i.f;,f,,"i~;tl.i'-",;~''''--M;;~%i;:~'''''-''' . _~~n1~~.-- _< 0"" ~ . , .~ ,0 ,,' . .' ~,.", '"--~ "' .;1d7- L?Oi. &- L"~ ~ '(l d2j"'~ ~~ ~ ~-h. (flI,'I' 4a1j~J . ... If!' ... ~,~&Jt4~,_~,".~~ . <~~~_~.~, ,,_.~ , ~ o. ';:'o$f0ilS~' ~ ,- "<~WT ,-. """,_,.' . ~ JellIlIle B. Costopoulos, Esquire COSTOPOULOS & WELCH 1400 North Second Street Harrisburg, P A 17102 Telephone: (717) 221-0900 Counsel for Glendaline M. Y ohe .., . "1 .' MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN GLENDALINE M. YOHE AND RUSSELL F. YOHE ~ " ~~nlI!I,~" ~","""ruc "._,~.~ MARITAL SETTLEMENT AGREEMENT TIDSAGREEMENTismadethis IsfA dayof FeJ,,/q'7 . 2002, by and between RUSSELL F. YOHE and GLENDALENE M. YOHE: WITNESSETH: WHEREAS, Russell F. Y ohe (hereinafter referred to as "Husband") was born on February 2, 1957, and presently resides at 29 Eastwood Drive, Carlisle, Cumberland County, Pennsylvania 17013. WHEREAS, Glendalene M. Y ohe (hereinafter referred to as "Wife") was born on November 9, 1959, and presently resides at 29 Eastwood Drive, Carlisle, Cumberland County, pennsylvania 17013. WHEREAS, the parties hereto are husband and wife, having been lawfully married on August 30, 1981, in Lemoyne, Cumberland County, Pennsylvania; WHEREAS, the parties hereto are desirous of settling fully and finaliy their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. Each party acknowledges that he or she has been provided ample opportunity to receive independent legal advice from counsel of his or her selection, and that each fully understands the facts and fully understands his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that is being entered into freely and voluntarily and that the execution of this Agreement is not the result of any duress or. undue influence, and that it is not the result of any improper or illegal agreement or agreements. ~, /' Initials: flt- 1 InitialP- ;~7:f., .~ '.. IT!. c, .-.r , ~, _ - .' addition, each party hereto acknowledges that he or she understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parries including divorce, alimony, alimony oendente ~ equitable distribution of all marital property or property owned or possessed individually or jointly, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente ~ support and maintenance, equitable distribution, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she understands the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement hereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. Initials: .P!If- 2 InitialJr "f'~~:-.7 ~~}If!ll,,~ . .. -]" /_,;",~, .'^ 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wlfe 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 or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereinafter acquired by the other, 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to separation and future divorce and that any divorce action with respect to these parties shall be limited to a claim for divorce only. The parties acknowledge that Wife filed a Complaint in Divorce in the Cumberland County Court of Common Pleas on October 10, 2001 at docket no. 01-5880 Civil Term. The parties agree that upon the expiration of the ninety (90) day waiting period provided for under Section 3301(c) of the Divorce Code, each will sign an Affidavit of Consent to Oivorce and Waiver of Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Wife, who shall promptly submit said affidavits and waivers to the court along with a Praecipe to Transmit Record, Vital Statistics Form and any and all other documents necessary to precipitate the prompt entry of a divorce decree. 5. EOUITABLE DISTRIBUTION. (a) Marital Residence. The parties acknowledge that they are the owners ofthat certain house and lot and all improvements thereupon situated at 29 Eastwood Drive, Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as the "Marital Residence"). The parties agree as follows with respect to the Marital Residence: (1) The parties agree that as of the execution date of this Agreement, Wife shall receive exclusive possession ofthe marital residence. Hushand shall immediately transfer possession of the residence, including all keys, to Wlfe. Initials: #-- 3 ~- ',''''' (2) Wife shaI1 make every reasonable effort to refinance the mortgage and home equity loan, paying in full the current mortgage and any home equity loans upon which both Husband and Wife are obligated parties; (3) Husband and Wife aball execute a deed conveying all of Husband's right, title and interest in the marital residence to Wife. (4) Commencing on the execution date of this Agreement, Wife shaI1 be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, regardless of when such cost or liability arose, including, but not limited to, the existing mortgage and home equity loan, taxes, insurance premiums, utilities, maintenance and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in the Marital Residence. (b) Furnishiol!S and Persooaltv. The parties agree that they shall each retain the items listed on attached property list, which is incorporated herein by reference as though fully set forth. Other than the items listed on the attached property list, the parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Any personalty or furnishings remaining in the Marital Residence as of the execution date of this Agreement shall be and remain Wife's sole and separate property, free of any and all right, title, claim or interest of Husband. Any personalty or furnishings now located in Husband's current residence as of the execution date of this Agreement shall be and remain Husband's sole and separate property, free of any and all right, title, claim or interest of Wife. Initials: ~ 4 Initi~ -'''~F~1. '. " =. '" ,-, ~ '1- " (c) Motor Vebicles. Husband agrees that Wife shall retain possession of and receive as her sole and separate property the 2001 Honda Accord currently titled jointly, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorneys fees, incurred in connection with said vehicle. Husband acknowledges Wife is currently unable to refinance the debt owed owed on the 2001 Honda Accord without paying a significantly higher interest rate. Accordingly, the title to the vehicle shall remain in both parties' names until such time as the Hushand no longer has any liability with respect to the vehicle (through either a refinance or if the car is paid olfin full). Wife shall immediately notiJY Husband should she fail to make any vehicle payments in a timely fashion. In the event the vehicle is in danger of repossession, Husband shall have the right to either 1) bring the account current and take possession of the vehicle; and/or 2~take possession of the vehicle and take all steps to immediately sell it. In either event, Wife shall promptly sign the title, transferring the vehicle to Husband. If Husband sells the vehicle, Wife will be responsible for any deficiency (any amount still owed on the debt). Wife agrees that Husband shaI1 retain possession of and receive as his sole and separate property his 1997 Dodge Caravan, currently titled solely in his name, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnifY and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorneys fees, incurred in connection with said vehicle. (d) Life Insurance. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all policies of insurance owned by or insuring the life of the other, including cash surrender value, if any, and also specifically to include a waiver of any beneficiary designation thereunder. Initials: ~ 5 Initik -"'K~"_~,,,, ,'~'''' " r- " (e) Pension and Retirement Benefrts. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree that they shaI1 execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. (I) Cash Accounts. Stocks and Investments. (I) Wife agrees that Husband shaI1 retain as his sole and separate property, free from any and all right, title, claim or interest ofWtfe, any and all stocks, bonds, investtnents, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a similar nature which now are titled in Husband's name alone. (2) Husband agrees that Wife shall retain as her sole and separate property, free from any and all right, title, claim or interest of Husband, any and all stocks, bonds, investtnents, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a similar nature which now are titled in Wife's name alone. (3) Both parties agree that neither shall access the other's financial accounts in any manner, whether electronically or by other means. All joint financial accounts have been closed and the proceeds divided between the parties. Further, each party warrants and represents that all joint credit accounts have been closed and the balances on those accounts paid in full. Each party warrants and represents that he and she have paid in full all obligations on joint credit accounts for which the other party was liable. (g) Miscellaneous Prooertv. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the Initials: ~ 6 Ini~ "'<C";~?""'; ." 'fV, ; . I ,~ , ~ "'~~ " 'i~~ ,,~, '~3_ ""~"'" property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (h) Prooertv to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. (i) Prooertv to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. (j) Assumotion of Encumbrances. (1) Wife shall be solely responsible for payment of all mortgages, home equity loans, and expenses associated with the Marital Residence as set forth in subparagraph 5(a) above. (2) Wife shaI1 be solely responsible for payment of the parties' joint credit card debt of approximately $3500.00. (3) Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the effective date of this Agreement. Each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this Agreement. Initials: ft-- Initi~ 7 ~I = r (k) Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to inde111nilY and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. (I) indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnifY her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and reasonable attorney fees actually incurred by WIfe in connection therewith. (m) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnifY him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and reasonable attorney fees actually incurred by Husband in connection therewith. (n) Warranty as to Futur~Obli2atlons. Husband and Wife each represents and warrants to the other that he or she will not any time in the future incur or contract any debt, charge or liability fur which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use ouly those credit cards and accounts for which that party is individually liable. Each party hereby agrees to inde111nilY, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including reasonable attorney fees actually incurred in the event of breach hereof. 6. WAIVER OF ALIMONY. Hushand and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' ..-~ . ~ '~~ ~-,,~ ,~,,- ~" ^'=" ~r . marriage to alimony, alimony pendente ~ support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 7. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution ofthis Agreement. 8. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 9. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the nther party continues to be named as beneficiary and no alternate beneficiary is otherwise designsted, the beneficiary shall be deemed to be the estate of the deceased party. Initials: ~ 9 Initials' ''''-f'-'Wll''''ilii\~~~_~, _ "-, _~, _ _~," - ., 10. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to 93502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (h) 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 party may have or at any time hereafter has 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 and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. ( c) Except as set forth in this Agreement, 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 .....+- W ~ ,,:,.."'~."" ;-' ."~ '"-~"- , ',~~-," """".. '.--~0_', "',,,,__" _ arising out of or by virtue of the marital relationship of the parties 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 or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of 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. (d) Except for the obligations of the parties contained 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. 11. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 12. MODffiCATION. No modification, rescission, or amendment to this Agreement shall be effective uuless in writing signed by each of the parties hereto. 13. BREACH. If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover his or her reasonable out of pocket expenses, including but not limited to reasonable counsel fees, actually incurred, from the other as a part of the judgment entered in such, as the same shall be determined by the Court, uuless the Court determines that the action was reasonable instituted and defended, and, in that event, the parties shall bear their own expenses and attorney fees. Provided, however, that neither party shall be liable for the other parties' expenses incurred in any child custody or child support action instituted to change the parties' respective rights and obligations with respect to child custody or child support as specifically set forth in this Agreement. ,...../t- H ~ .,--,- '" "-1"'1 - 14. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 15. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by certified mail, return receipt requested, or alternatively may be effected by regular mail to the party's attorney of record. . 16. APPUCABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict oflaw rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 17. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall he defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 18. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 19. EFFECT OF RECONrn.JATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shaI1 not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 20. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several par~graphs 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. 21. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 22. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including any and all other documents to which it refers, such other documents being Wti.. *- " ~ ,C%.,,, ,>p ,~-.' ,~ .~ "~~~.,.,411~_~ ~ - ,-~~ "., ~ ,W,",. ., ~~_, ". ~ ,"",.'" ~ incorporated herein by reference; that he or she has been afforded ample opportunity to discuss its provisions with an attorney of his or her own choice, and has executed it voluntarily; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements hetween the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 23. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shaI1 pay to the other party all reasonable attorney fees, costs, and other expenses actually incurred as a result of such failure. 24. ENFORCEMENT RIGHTS. The parties shaI1 have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgtrients. '" ~c WI'TNESS ~~/j~ rTNESS Initials: # 13 InitialA ,;':--'j':ij'~~~- "" . ~,3' .' "" ~ -_ i '. '.. I - , - COMMONWEALTH OF PENNSYLVANIA D/tUfHlfJ COUNTY OF ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared RUSSELL F. YOHE, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this FebrVt1.f~ ' 2002. ISf/.. day of L/SA . Notarial Seal lls~ A. Rice, Notary Public M Harrisburg, Deuphin County Y CommIssIon Expires Oct. 10,2002 Initials: ~ 14 Initialk-. :\~,~ ;-,',,,,'~!"")!"T ^ '1- - - ,;;; COMMONWEALTH OF PENNSYLVANIA COUNTY OF -S'Au P 'N'-1:h ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared GLENDALENE M. YOHE, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this -.)0t"'d :::::\;1 ^ ,l 11.... J day of ,2002. ~\~k~J,~ Notary Public in and for Commonwealth of pennsylvania Typed or printed name of Notary: ~~Q./OY\ L. f<,p )J;A(} er- (/ My commission expires: 1 - 19 - 0 'f Nolana! Seal ShaHIOn,L. Reisinger, Notary Public arr shurg, Dauphin County My Commission Expires Jan. 19, 2004 em r, - nnsylvanla soctation ot Notaries Initials: *- 15 InitialS* --"""_I'!l'!lI"[M -~ _l~~ , . , . , GLENDALENE M. YOHE, Plaintiff v. : IN THE COURT OF COMtvION PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : 0 : No. 0(- a8l ~ RUSSELL F. YOHE, Defendant : CIVIL ACTION - LAW : DIVORCE 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 divorce is indignities or irretrievable breakdown of the marriage, you may request maniage counseling. A list of maniage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSXON OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGID 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 BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, PA 17013 TELEPHONE: 800-990-9108 -""~"'f,." ., '_~"_-,,. '"'c' '__1_ GLENDALENE M. YOHE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. (J1-o8~ CWW RUSSELL F. YOHE, Defendant : CIVIL ACTION - LAW : DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 330l(c) or 330l(d) OF THE DIVORCE CODE The Plaintiff, Glendalene M. Y ohe, by and through her attorney, Jeanne B. Costopoulos, Esquire, avers the following: Count I - Divorce 1. The Plaintiff, Glendalene M. Y ohe, is an adult individual who currently resides at 29 Eastwood Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendant, Russell-p, Y ohe, is an adult individual who currently resides at 29 Eastwood Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on August 30,1981 in Lemoyne, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Conw-ess of 1940 and its amendments. ,~ -'"'~f'_"',~,,?~)". ~ -- , - "" ,~".-- ~.- . . ' 7. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. There are no dependent children from this marriage. 9. This action is not collusive. Count n Equitable Distribution of Marital Prooertv Pursuant to &3502 of the Divorce Code 10. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 11. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant to the extent that a written Settlement Agreement might be entered into between the parties prior to the time of hearing on this Divorce Complaint, Plaintiff desires that such written Agreement be approved by the Court and incorporated, but not merged, in any Divorce Decree which might be entered dissolving the marriage between the parties. 12. Plaintiff and Defendant are the owners of various items of real and personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this court. 13. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits acquired during their marriage which are subject to equitable distribution by this court. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; """;7-,,, ~ _ ~".c ,_",,~_ '/'>'__' ~~..,.. '~I'" r " .~c , B. Equitably distributing all property owned by the parties hereto; C. In the event that a written Separation Agreement is reached between the parties hereto prior to the time of the hearing on this Complaint, Plaintiff respectfully requests that pursuant to the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; D. For such further relief as the Court may determine equitable andjust. RESPECTFULLY SUBMITTED: Dated: I&l;/Ol Ie e B. Costopoulos, Esquire COSTOPOULOS & WELCH 1400 North Second Street Harrisburg, Pennsylvania 17102 PA Supreme Court ill No. 68735 Telephone: (717) 221-0900 Fax: (717) 221-0904 ATTORNEY FOR PLAINTIFF '~jji:!lf,,__, ,,_., Y,_," ,_ <. - " -. " ~, '?I, , 1",' , . . GLENDALENE M. YOHE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. : No. RUSSELL F. YOHE, Defendant : CIVIL ACTION -LAW : DIVORCE VERIFICATION I, G1endalene M. Y ohe, hereby verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: /~ /o;/~tJtJ/ Signature: '''''''i1'~"y"~,,,_, ''!''---- -I' " 1 ,_ """ ~- "">' -''''"''''~~''''''''' ",.-~, ~..~._,. ~-~o . ~ .. .' 'r'~"~"M N ~~. ? n . . C~ ~,~ -11 :":"J :..>~ , -=~1 ' ~fil ....... ~ c1 ~ c:: ......\ ~ 0-1 ---..J -..j .~ ~ ~j ----- "-.) ~ ~c. 0'>. J c:: <0-- -!2~V ~7/ " 1.1 __~"~.,.,.,~~1ll!~~,""""",,, ",]J O!!l~~, ",~"",,~)\4,V"!'''''~'''''''s-''-- ""-""'1' "",,",-,~,,""Y~""";W_~-\;Oifr.i!!l-'l!Wor."ITmJN~"",,!i'Miif'l~!!:_~!'f~~~~~I!_t...y~~~.. . - . GLENDALENE M. YORE, Plaintiff : TIffi COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 01-5880 CIVIL RUSSELL F. YORE, Defendant : CIVILACTION-ATLAW : DIVORCE PRAECIPE TO TRANSMIT RECORD To the ProthonotaJy: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under ~3301(c) of the Divorce Code. 2. Date and Manner of service of the Complaint: Service by certified mail no. 70011140 0002 1273 8519 on October 20,2001. Affidavit of Service filed 2/19/02. 3. Date of execution of the Affidavit of Consent required by ~3301(c) of the Divorce Code: by the Plaintiff: 1/23/2002; by the Defendant: 2/15/2002. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in ~3301(c) divorce was filed with the prothonotaJy: 2/19/2002. Date Defendant's Waiver of Notice in ~3301(c) divorce was filed with the prothonotaJy: 2/19/02. Dated: .2 /ZO( O~ Respectfully Submitted: ~ JellllI)i"B. Costopoulos, Esquire Attorney for Plaintiff 1400 N. Second Street Harrisburg,PA 17102 Phone: (717) 221-0900 PA S.Ct. ID No. 68735 ";cl~~j~~ '0_ ~," . , - n ",,,..,,,.",..-,,- '..1IiI1I~U i o C '"D~ C!}f':-', (f:' f~( ~~~~ >__:c ,.:.>t~ lu rn jj 11 '11'- (,.:' i '-''l 'Cl "",J ~--- \'..) :<: .~ T;. ~~~_~~'f!'ii'1Q='f"''''J'''''-'"''l~>l!W~!ljil'~~_WlI!(''':''''-'~3f_'- '_, \;"--V'"i1-i'-;'f~'c7"FN_"'P11"YH~!"!';''''l;''"i'tf~~'''I'1''"~rlW~iiii1<~~iMff@i[,Q' - l! '~ ,J .. GLENDALENE M. YOHE, Plaintiff : THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 01-5880 CIVIL RUSSELL F. YOHE, Defendant : CIVIL ACTION -ATLAW : DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301( c) of the Divorce Code was filed on October 10,2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the 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 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. ~4904 relating to unsworn falsification to authorities. Date: ~ti1;l -~~, ."'. "^'~~ - :r , , GLENDALENE M. YORE, Plaintiff : TIIECOURTOFCOMMONPLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 01-5880 CNIL RUSSELL F. YORE, Defendant : CNILACTION-ATLAW : DNORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 330 1( c) of the Divorce Code was filed on October 10,2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the 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 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. 94904 relating to unsworn falsification to authorities. Date: ;;H 1>)00- , Si_-it,~tJl RUSSELL F. HE '~Jf,~",.~" , ." ,r._ ~" _, " "'--!"'~I '" ."~ ~~~- r-. " . -. . GLENDALENE M. YOHE, Plaintiff : THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 01-5880 CIVIL RUSSELL F. YOHE, Defendant : CIVIL ACTION -AT LAW : DIVORCE PLAINTIFF'S W AIYER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if! 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. 4. I verii)' 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. g4904 relating to unsworn falsification to authorities. Dated: 1a,~//atJtJ;J Si -',~~, ,~.. ~ ",- , ,- -~,. - -' ir~ '-"'~"""'r~~~ . . . GLENDALENE M. YOHE, Plaintiff : THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 01-5880 CIVIL RUSSELL F. YOHE, Defendant : CIVIL ACTION -AT LAW : DNORCE DEFENDANT'S WAIVER OF NOTICE OF lNTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entIy 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. 4. 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 ofI8 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Dated: ~ 1[1 f} I' Si_~ RUSSELL F. OHE -~)l~~-'fj'-'!)IjI.~~ _ _ """, ""_, ~_~ ,e,- C7"1 I ~ .... ~" -~~-- -~~ · -- 1,0. GLENDALENE M. YOllE, Plaintiff : TIIE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : No.01-5880CIVlL RUSSELL F. YOllE, Defendant : CIVlLACTION-ATLAW : DIVORCE AFFIDAVIT OF SERVICE TO TIIE PROTIlONOTARY: I, Jeanne B. Costopoulos, Esquire, verifY that the Complaint in Divorce was served upon the · Defendant indicated above on October 20, 2002, by first class, Certified Mail No. 70011140 0002 · 1273 8519, postage prepaid, return recejpt requested, restricted delivel)', pursuant to the ! requirements ofPaRC.P. S1930.4. Dated: 7/(5'/cJ ;Z By: ~ . Je~. Costopoulos, Esquire Attorney for Plaintiff 1400 N. Second Street Harrisburg,PA 17102 Phone: (717) 221-0900 .PA.s~.Ct,JD No. 6&73~ i ... Com e items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the revers, so that we can return the card to you. ,_. . Attach this card to the back of the mailpT~. or on the front if space permits. 1. Article Addressed to: D Agent o Addressee fromitem1? Dyes ,gN"0 f{tiS5e/! r Yohl2 21 E/l.M-WiJdd j);WIL o...ti1i.e f tOA- /7 d t3 ., 3.__ S~e Type .;:eF"Certified Mail o RegIstered D Insured Mail D Exp...... M~ CJ Return Receipt for Merchandise DC.a.D. 4. Restricted Delivery? (Extra Fee) as 2. Article Number (Transfer,1rdfn "'ripe l"i',.~ I PS Form'38n. March '2001 ]O()I.fltjdt!~(J,i~ !ci7,;?,'?:>/q Dohiestlc Return Receipt 102595-01-M-1424 ":".",~"-,,,,,,,,,;,,,,,,,,",,-. 'T., i~"!lol"",,,~~~_,~~ -; ~'"~-~ '"_,,,""__,_n_ ...~..~_ _ 0 ~~FIII~.~...=,~'",'-""'..." - _~~'""""""!,,II!III'ifl~ ~ " ,; "'~ ......,'"."".,.~, c.".,., . t.,,,,,,,.,,,>,,,,, - " ; )i'" - ,~, - , 7' "; {'","'\ ,:'c ~",,-,',"_"_ '"'~ '" ~~ o c ~\f!' :?~ .- ..<:~ (I) ~ '-'.-'- ~7,;-~:, '0.--:---.,,-' ..-'.,~~~ .,,-"- c~ 1;"<1 " U,,---:~ :<,",', ::.;: "'-.) c..:; -,~~~~~i~~~!$l!j!l!i~">J",'c"'i:7'R,?~i;"1'*'tfi~~,"'fih'lk!:<..pl'n"N:,1,~~y",;t;"