HomeMy WebLinkAbout01-06213
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IN THE COURT OF COMMON PLEAS
OFCUM8ERLANDCOUNTY
STATE OF
PENNA.
MARLAND LEROY YOHE, II,
No. 2001-6213 CIVIL TERM
Plaintiff
CIVIL ACTION - LAW
VERSUS
IN DIVORCE
DAWN MICHELE YOHE,
Defendant
DECREE IN
DIVORCE
AND NOW,
~\\~
2002 ,IT IS ORDERED AND
DECREED THAT
MARLAND LEROY YOHE, II
, PLAINTIFF,
AND
DAWN MICHELE YOHE
DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECO.~'1I_N ~HIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BE:EN ENTERED; ~
The Marriage Settlement Agreement dated August 25, 2000 and signed by
the parties is hereby incorporated into this Decree, but not merged.
ArrEST~%
PROTHONOTARY
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT made this 25th day of August, 2000, by and between DAWN
MICHELE YOHE, (hereinafter referred to as "WIFE") and MARLAND LEROY YOHE, II,
(hereinafter referred to as "HUSBAND").
WITNESSETH:
WHEREAS, HUSBAND and WIFE were lawfully married on October 3, 1998, in
Newburg, Cumberland County, Pennsylvania, and were separated on August 12,2000.
The parties hereto agree and covenant as follows:
1.
The parties intend to maintain separate and permanent domiciles and to live apart from
each other. It is the intent and purpose of this Agreement to set forth the respective rights and
duties ofthe parties while they continue to live apart from each other.
2.
The parties have attempted to divide their matrimonial property in a manner which
conforms to a just and right standard, with due regard to the rights of each party. It is the intent
of the parties that such division shall be final and shall forever determine their respective rights.
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets.
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3.
Further, the parties agree to continue living separately and apart from the other at any
place or places that he or she may select as they have heretofore been doing. Neither party shall
molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever.
Each party may carry on and engage in any employment, profession, business or other activity as
he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere
with the uses, ownership, enjoyment or disposition of any property now owned and not specified
herein or property hereafter acquired by the other.
4.
The consideration for this contract and agreement is the mutual benefit to be obtained by
both of the parties hereto and the covenants and. agreements of each of the parties to the other.
The adequacy of the consideration for all agreements herein contained is stipulated, confessed,
and admitted by the parties, and the parties intend to be legally bound hereby.
Each party to the Agreement acknowledges and declares that he or she, respectively:
(1) is represented by counsel of his or her own choosing;
(2) is fully and completely informed of the facts relating to the subject matter of
this Agreement and of the rights and liabilities of the parties;
(3) enters into this Agreement voluntarily after receiving the advice of counsel;
(4) has given careful and mature thought to the making of this Agreement;
(5) has carefully read each provision of this Agreement; and
(6) fully and completely understands each provision of this Agreement, both as to
the subject matter and legal effect.
This Agreement shall become effective immediately as of the date of execution.
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5.
It is the purpose and intent of this Agreement to settle forever and completely the interest
and obligations of the parties in all property that they own separately, and all property that would
qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and
that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and
assigns. The parties have attempted to divide their Marital Property in a manner that conforms to
a just and fair standard, with due regard to the rights of each Party. The division of existing
Marital Property is not intended by the parties to constitute in any way a sale or exchange of
assets, and the division is being effected without the introduction of outside funds or other
property not constituting a part of the marital estate.
It is the further purpose of this Agreement to settle forever and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony.
6.
Each party represents and warrants that he or she has made a full and fair disclosure to the
other of all of his or her property interests of any nature, including any mortgage, pledge, lien,
charge, security interest, encumbrance, or restriction to which any property is subject. Each party
further represents that he or she has made a full and fair disclosure of all debts and obligations of
any nature for which he or she is currently liable or may become liable. Each further represents
and warrants that he or she has not made any gifts or transfers for inadequate consideration of
Marital Property without the prior consent of the other.
Each Party acknowledges that, to the extent desired, he or she has had access to all joint
and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during
marriage.
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7.
MARITAL DEBTS & BANKRUPTCY: Each party will be responsible for their own
debt incurred after the date of separation. HUSBAND will be solely responsible for his
outstanding debts and agrees to hold WIFE harmless and indemnifies her for any debt incurred
after the date of separation. WIFE will be solely responsibility for her outstanding debts and
agree to hold HUSBAND harmless and indemnifY her for any debt incurred after the date of
separation
It is hereby understood and agreed by and between the parties that their obligations
pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be
deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that he/she
has not heretofore instituted any proceeding pursuant to the bankruptcy laws nor are there any
such proceedings pending with respect to himiher which have been initiated by others.
8.
SUPPORT and ALIMONY: HUSBAND will not provide spousal support or alimony
pendente lite to WIFE, and WIFE will not provide spousal support or alimony pendente lite to
HUSBAND. After the entry of a Divorce Decree, neither party will seek alimony from the other.
4
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9.
PERSONAL PROPERTY: The parties agree that the personal property shall be divided
as follows:
HUSBAND shall receive the following items:
a. The personal property in his current possession; a copy of which is attached and
marked as Exhibit "A".
b. His bank accounts;
c. Any Life Insurance Policy;
d. His IRA retirement account;
e. His Mutual Funds;
f. The real estate in HUSBAND's sole name; and
WIFE shall receive the following items:
a. The personal property in her current possession; a copy of which is attached and
marked as Exhibit "B".
b. Her bank accounts;
c. The t= life insurance policy upon the life of the WIFE;
d. Her employee benefits from employment; and
e. The sum of One Thousand Four Hundred Sixty and no/l 00
($1,460.00) Dollars within ninety (90) days of the signing of
this Agreement.
The WIFE hereby waives all right and title which she may have in any personal property
of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal
property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently
of any claim or right of the other party, all items of personal property of every kind, nature and
description and wherever situated, which are then owned or held by or which may hereafter
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belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose
of same as fully and effectually, in all respects and for all purposes as if he or she were
unmarried.
Each party agrees that neither will incur obligations, liens or liabilities on account of the
other and that from the date of this Agreement, neither party shall contract or incur obligations,
liens or any liability whatsoever on account of the other.
10.
AUTOMOBILES:
a. WIFE agrees to waive any and all interest which she may have in HUSBAND's
motor vehicles.
b. HUSBAND agrees to waive any and all interest which he may have in WIFE's
automobile, a 1991 MX6 Mazda automobile.
II.
INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life
insurance policies except as otherwise stated herein on the life of HUSBAND or any other
employee benefits, including but not limited to retirement, profit sharing or medical benefits of
either party, shall be his own. WIFE waives all right, title and claim to HUSBAND's employee
benefits. HUSBAND waives all right, title and claim to WIFE'S employee benefits, including
but not limited to retirement, profit sharing and medical benefits.
12.
BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and
interest which she may have in the savings or checking or any other bank accounts of the
HUSBAND. The HUSBAND agrees to waive all interest which he has in the bank accounts of
the WIFE.
6
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13.
DIVORCE: The parties both agree to cooperate with each other in obtaining a final
divorce of the marriage. It is agreed that the parties will execute and file the consents necessary
to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all
the costs and legal fees of the party who is seeking the divorce.
14.
BREACH AND COUNSEL FEES AFTER DIVORCE: The parties agree with respect
to counsel fees incurred after the divorce, as follows:
(a) In the event that future legal proceedings of any nature may be necessary for the
interpretation or enforcement of this Agreement or any valid modifications hereof, the prevailing
party shall be entitled to reasonable counsel fees incurred.
(b) Reasonable counsel fees hereunder shall be defined as reasonable hours expended
at the then hourly rate of counsel for the prevailing party.
( c) Such counsel fees shall extend to any independent proceedings necessary to
collect counsel fees or to enforce any other judgment or decree in connection with this
Agreement.
(d) Such counsel fees shall be payable as alimony so as to constitute an exception to
discharge in bankruptcy but shall not be deductible by the payor or taxable to the payee for
income tax purposes.
IS.
ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
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VOLUNTARY EXECUTION: The provisions ofthis Agreement and their legal effect
have been fully explained to the parties by their respective counsel, and each party acknowledges
that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is
not the result of any duress or undue influence.
The provisions of this Agreement are fully understood by both parties and each party
acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily,
and that it is not the result of any duress or undue influence.
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17.
ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
18.
APPLICABLE LAW: This Agreement shall be construed under the Laws of the
Commonwealth of Pennsylvania.
19.
PRIOR AGREEMENTS: It is understood and agreed that any and all property
settlement agreements which mayor have been executed prior to the date and time of this
Agreement are null and void and of no effect.
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20.
WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided,
each party may dispose of his or her property in any way, and each party hereby waives and
relinquishes any and all rights he or she may now have or hereafter acquire, under the present or
future laws of any jurisdiction, to share in the property or the estate of the other as a result of the
marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the Will of the other, and right to act as
administrator or executor of the other's estate, and each will, at the request of the other, execute,
acknowledge and deliver any and all instruments which may be necessary or advisable to carry
into effect this mutual waiver and relinquishment of all such interests, rights and claims.
IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day
and year first above written.
I
(SEAL)
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MARLAND LEiOY YOHE, II
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COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this liL day of ~ 2000, a
Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland,
DAWN MICHELE YOHE, known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunt set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA
---,--~---
I "iOTARIAL SEAL
PAMELA A SWITALSKI, Notary Public
Shippensburg, Cumberland County
My Commission Expires Feb. g, 2004
SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this ;)'5~ day of ~ 2000, a
Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland,
MARLAND LEROY YOHE, II, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that
he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
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Notarial Seal
Martha l. Noel, Notary Public
Carlisle Bolo, Cumberland County
My Commission Expires Sept 18,2llO3
Membar, PIlnnsylVanla Association 01 Notaries
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DIVISION OF PERSONAL PROPERTY
Marland L. Y ohe II
Garage-Y2 of what is paid will be
paid to Dawn within 6 months
$1460.00.
House- in full/property
RetirementIRoth-Marland
Lawn mower/push mower/sweeper
Rocky-dog
Xena-cat
Sanyo VCR
Sony CD player
Magnavox Stereo
13 inch GE TV
20 inch Panasonic TV/stand
19 inch Sears TV
Washer/Dryer
Frigidaire Freezer
GE Frig. l/green lIwhite
GE stove
Microwave/stand
Maytag Dishwasher
Window fan! Floor fan
Bed! 1 nightstand/Iamp
All Joint Accounts are to be
divided equally.
HondalChevy/4-wheeler
Cloth Closet
Alarm clock
Air Conditioner Whirlpool
2-GE Phones
Desk
Gray Filing Cabinet
Caller ill
Everyday-Dishes/cups
Tools/equipment in garage
Dinner Trays
2 wooden lamps
2 Lazy Boy Chairs
2 end table set
Grill
2 Kitchen Chairs
2 Plastic green chairs
Electrolux! spot cleaner
All Guns/cabinet
Chest
I Marland L. Y ohe II agree to these tenns.
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M. Y ohe agree to these tenns.
eM
. Sworn and sub~p!>ed to
.. belO~9 thls.dt:L day
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EXHIBIT "A"
.- NOTARIAL SEAL public
WITALSKI, Notary
PAMEl}\ A.. S cumbeTland couoty
Shlnn,,,,sbUf\!, 9 2004
..- . '00 E~\TeS Feb. .
My comm'SlOI
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DIVISION OF PERSONAL PROPERTY
Dawn M. Y ohe
91 Mazda- in full
Entertainment Center
Panasonic Stereo
27 inch Sanyo TV
Kenwood CD Player
Air Conditioner White Westinghouse
Computer/DesklShelf
Dining Room Table/Hutch
1 night standllamp
Dresser
Wooden Closet
Alarm Clock
Small FanlBox Fan
Emerson VCR
Phone! Answering Machine
Tan Filing Cabinet
Tea Rose Dish Set
Touch Lamp
All Longaberger Baskets
Couch/Chair/Pillows
1 Oval end table
Green Plant Stand
2 Folding Chairs
Upright Sweeper/Dirt Devil
Bread Maker
Blender
Coffeemaker
lronlIroning Board
. Y ohe agree to these terms.
I Marland L. Yohe IT agree to these terms.
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NOTARIAL SEAL
j .'AMELA A SWITALSKI, Notary Public
.; Shippansllurg, Cumberland County
',!My Commisaion Expires Feb. 9, 2004
EXHIBIT "B"
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MARLAND LEROY YOHE, II,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2001-6213 CIVIL TERM
DAWN MICHELE YOHE,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following infonnation, to the court for entry of a divorce decree:
L Ground for Divorce: Irretrievable breakdown under Section 330 I (c) of the Divorce Code.
2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon
the defendant, Dawn Michele Yohe, on October 30, 2001, by personal service and is evidenced by the Acceptance of
Service signed by her and fIled on the same date.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce
Code: by plaintiff: March 27, 2002; by defendant: March 27, 2002 .
(b)(I) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code:
(b )(2) Date of filing and service of the plaintiffs affidavit upon the defendant:
4. Related claims pending: NONE.
5. Complete either (a) or (b).
(a) Date and manner of service ofthe Notice oflntention to file Praecipe to Transmit Record,
a copy of which is attached:
(b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: March 28, 2002.
Prothonotary:
Date defendant's Waiver of Notice in Section 3 ~ ~e was filed with the
March 28,2002. f:1r / ;( .
MARC A. Me , ill, ESQUIRE
Attorney for Plaintiff
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DIVORCE INFORMATION SHEET
PURSUANT TO ACT 2001-82, VITAL STATISTIC FORMS ARE NOT
REQUIRED BY THE STATE EFFECTIVE JANUARY 1, 2002. THE
PROTHONOTARY IS REQUESTING THIS INFORMATION IN LIEU OF
THE VITAL STATISTICS FORM.
PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN
TO THE PROTHONOTARY'S OFFICE.
DOCKET NUMBER:
2001-6213 CIVIL TERM
DATE OF MARRIAGE:
OCTOBER 3. 1998
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MARLAND LEROY YOHE, II,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 2001- c;~ 8
CIVIL TERM
DAWN MICHELE YOHE,
Defendant
IN DIVORCE
NOTICE
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 in 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 marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Peunsylvania 17013
717-249-3166
1-800-990-9108
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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 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.
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MARLAND LEROY YOHE, II,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO.2001-(D;}13 CIVILTERM
DAWN MICHELE YOHE,
Defendant
IN DIVORCE
COMPLAINT m DIVORCE PURSUANT IQ SECTION 3301(c)
QE THE DIVORCE CODE
NOW comes the plaintiff, Marland Leroy Y ohe, II, by his attorney, MarcusA. McKnight,
III, Esquire, and files this Complaint in Divorce against the defendant, Dawn Michele Y ohe,
representing as follows:
1. The plaintiff is Marland Leroy Y ohe, II, an adult individual residing at 680 Walnut
Bottom Road, Shippensburg, Carlisle, Cumberland County, Pennsylvania 17257.
2. The defendant is Dawn Michele Y ohe, an adult individual residing at 71 Winchester
Gardens, Carlisle, Cumberland County, Pennsylvania 17013.
3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six
months prior to the filing of this action in divorce.
4. The plaintiff and the defendant were married on October 3, 1998, in Newburg"
Pennsylvania.
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5. There have been no prior actions of divorce or for annulment between the parties.
6. Pursuant to the Divorce Code, Section 330 I ( c), the plaintiff avers as the grounds upon
which this action is based that the marriage between the parties is irretrievably broken.
7. The plaintiff avers that he has been advised of the availability of counseling and that
said party has the right to request that the court require the parties to participate in counseling.
WHEREFORE, the plaintiff demands judgment dissolving the marriage between the
two parties.
Respectfully submitted,
By:
222
Date: October 29, 2001
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VERIFICATION
The foregoing Complaint in Divorce is based upon information which has been gathered
by counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
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MARLAND LEROY YORE, II
Date October 29, 2001
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MARLAND LEROY YOHE, II,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2001- CIVIL TERM
DAWN MICHELE YOHE,
Defendant IN DIVORCE
PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT
The plaintiff, being duly sworn according to law, deposes and says:
1. 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.
2. I understand that the court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request.
3. 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.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: October 29, 2001
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MARLAND LEROY YOHE, II
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MARLAND LEROY YOHE, II,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2001-<O~I~CIVIL TERM
DAWN MICHELE YOHE,
Defendant
IN DIVORCE
ACCEPTANCE OF SERVICE
I, DAWN MICHELE YOHE, the defendant in the above-captioned divorce action,
hereby verify that I have accepted service of the Complaint in Divorce filed under Section
3301(c) of the Divorce Code on October 30, 2001.
O~~!il:!;lYOHE
Date: October 30, 2001
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COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF CUMBERLAND
On this, the 30th day of October, 2001, before me, the undersigned officer, personally
appeared DAWN MICHELE YOHE, known to me to be the person whose name is subscribed
to the above instrument and acknowledge that she executed same for the purposes therein
contained.
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Notarial Seal
Martha L Noe~ Notary Public
CaI1isle BOlO, Cumberland County
My Commission Expires Sept. 18, 2003
Member, Pennsylvania ASSOCiation of Notaries
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MARLAND LEROY YOHE, II,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2001- 6213 CIVIL TERM
DAWN MICHELE YOHE,
Defendant
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
October 30, 2001.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of the filing of the complaint.
3. I consent to the entry of a final decree in divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to
unsworn falsification to authorities.
Date: March 27
, 2002
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MARLAND LEROY YOHE, II,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2001- 6213 CIVIL TERM
DAWN MICHELE YOHE,
Defendant
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
October 30,2001.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of the filing of the complaint.
3. I consent to the entry of a final decree in divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! do not claim them before a divorce is granted,
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to
unsworn falsification to authorities,
Date: March 27
, 2002
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MARLAND LEROY YOHE, II,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION . LAW
2001-6213 CIVILTERM
DAWN MICHELE YOHE,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE 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 inunediately 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 made are subject to the penalties of 18 Pa. C,S, Section 4904 relating to
unsworn falsification to authorities.
Date: March 27
, 2002
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MARLAND LEROY YOHE, II
Plaintiff
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MARLAND LEROY YOHE, II,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2001-6213 CIVIL TERM
DAWN MICHELE YOHE,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
I. I consent to the entry of a final Decree of Divorce without notice.
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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,
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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.
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I verify that the statements made in this affidavit are tme and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: March 27
, 2002
DAWN MIC
Defendant
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MARLAND LEROY YOHE, IT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2001-6213 CIVIL TERM
DAWN MICHELE YOHE,
Defendant
IN DIVORCE
DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT
The defendant, being duly sworn according to law, deposes and says:
I. 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.
2. I understand that the court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request.
3. 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.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa, C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: March 27
Q~~U~HE
, 2002
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