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HomeMy WebLinkAbout03-3033Johnson, Duffle, Stewart & Wcidner By': Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff JENNIFER L. YOUNG, : Plaintiff : V. ROBERT A. YOUNG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN 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 pages by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAVVYER'S FEES OR EXPENSES BEFORE THE 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, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff JENNIFER L. YOUNG, Plaintiff V. ROBERT A. YOUNG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER §3301(c) OR .,$3301(d) OF THE DIVORCE CODE AND NOW, this day of June 2003, comes the Plaintiff, JENNIFER L. YOUNG, by and through her undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this Complaint for Divorce, and in support thereof avers as follows: 1. The Plaintiff is JENNIFER L. YOUNG, an adult individual who currently resides at 19 Gettysburg Pike, Unit 5, Mechanicsburg, Cumberland County, Pennsylvania. Plaintiff's Social Security Number is 184-60-7952. 2. The Defendant is ROBERT A. YOUNG, an adult individual who currently resides at 38 W. Coover Street, Mechanicsburg, Cumberland County, Pennsylvania. Defendant's Social Security Number is 180-56-0036. 3. The Plaintiff and Defendant were married on June 11, 1994, in Camp Hill, Pennsylvania. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth, of Pennsylvania at least six (6) months immediately pdor to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of mardage between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a decree of divorce under §3301 (c) or §3301 (d) of the Divorce Code. :214906 Respectfully submitted, JOHNSON, DUF~F~E, STEVVJ~RT & WEIDNER · Mark C. Duffle ~ ~, Attorney I.D. No. 75906" 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Plaintiff VERIFICATION I, JENNIFER L. YOUNG, verify that the statements made in this Complaint for Divorce are true and correct to the best of my knowledge, information and belief, I understand that false statements made herein are made subject to the penalties of '18 Pa.C.S,A. §4904, relating to unsworn falsification to authorities. Date: Johnson, Duffie, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 ~01 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff qlFER L. YOUNG, Plaintiff ROBERT A. YOUNG, Defendant IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3033 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT, TO THE PROTHONOTARY: Kindly reinstate the Divorce Complaint filed on June 25, 2003, in the above-captioned action. :216954 JOHNSON, DUFFLE, STEWART ~.~NER rv~rk C. Duffle u~ ,[ttorney I.D. No. 75906 "~ 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 ' (717) 761-4540 Attorneys for Plaintiff Johnson, Duffie, Stewart & Weidner By: MarkC. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 7614540 Attorneys for Plaintiff JENNIFER L. YOUNG, Plaintiff ROBERT A. YOUNG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3033 Civil Term CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Jay R. Bmderman, Esquire, attorney for Defendant Robed A. Young, hereby accept service and acknowledge receipt of the Complaint in Divorce filed on June 25, 2003, and reinstated on August 15, 2003, by the Plaintiff in the above-captioned divorce action. I certify that Iarn authorized to accept service on behalf of Defendant. Date: ~"~/~/?'~ 126 Locust Street ' / ' / / Harrisburg, PA 17101 Telephone: (717) 232-6600 Attorney for Defendant :217452 Johnson, Duffle, Stewart]& Weidner By: Mark C. Duffle ~ I.D. No. 75906 I 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 170~ 3 -0109 (717) 761-4540 JENNIFER L. YOUNG, Plai ~tiff ROBERTA. YOUNG, Def AND NOW, this ~ through her undersigned for Divorce, and in suppo~ 1. The Plain1 Gettysburg Pike, Unit 5, Number is 184-60-7952. 2. The Defen Coover Street, Mechanic~ 180-56-0036. 3. The Plainli 4. The Plain Pennsylvania at least six Attorneys for Plaintiff mdant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV, NO. 03-3033 Civil Term CIVIL ACTION - LAW IN DIVORCE/CUSTODY AMENDED COMPLAINT IN DIVORCE DER §3301(c) OR §3301(d) OF THE' DIVORCE CODE ,~day of October 2003, comes the ,Plaintiff, JENNIFER L. YOUNG, attorneys, Johnson, Duffle, Stewart & Weidner, and files this Amended Co [ thereof avers as follows: ff is JENNIFER L. YOUNG, an adult individual who currently resides Mechanicsburg, Cumberland County, Pennsylvania. Plaintiff's Social dant is ROBERT A. YOUNG, an adult individual who currently resides ;burg, Cumberland County, Pennsylvania. Defendant's Social Security Nu~ COUNTI DIVORCE and Defendant were married on June 11, 1994, in Camp Hill, Pennsylvani iff and Defendant have been bona fide residents of the CommonwE 6) months immediately pdor to the filing of this Complaint. OF kNIA )y and nplaint at 19 ecurity 38 W. nber is Ith of 5. There has this or any other jurisdicti( 6. The marria been no prior action for divorce or annulment of marriage between the pa e is irretrievably broken. 7. The Plaintilf has been advised of the availability of marriage counseling and she ma the right to request that thI Court require the parties to participate in counseling. / WHEREFORE, F I, aintiff respectfully requests that your Honorable Court enter a decree of under Section 3301 (c) or ~ection 3301(d) of the Divorce Code. 8. Plaintiff in~ through seven (7) of the ¢ 9. Plaintiff, J, shared legal custody of 6' (DOB: 05/01/98); and Ma 10. The childrE 11. The childrE 12. During the following addresses: COUNT II CUSTODY :orporates herein by reference the allegations set forth in paragraphs :omplaint as if the same were set forth herein at length. ~nnifer L. Young (hereinafter "MOTHEIR"), seeks shared physical custc e following children: Bailey Austin Young (DOB: 07/09/96); Noah Vance kenna Grace Young (DOB: 07/28/00). were born during the marriage. are presently in the shared custody of MOTHER and FATHER. last five (5) years, the children have resided with the following persons rties in have vorce ,ne (1) ty and Young at the Persons ! Address Duration 1. Robert A. Young Jennifer L. Young Bailey Austin Your g 38 W. Coover Street Birth - 04/01/03 Noah Vance Youn Mechanicsburg, PA 17055 Makenna Grace Y~ ~un~ 2. Jennifer L. Young Bailey Austin Your g 19 Gettysburg Pike, Unit 5 Noah Vance Youn, Mechanicsburg, PA 17055 04/01/03 - Present Makenna Grace Y~ ,ung 3. Robert A. Young Bailey Austin Your g 38 W. Coover Street Noah Vance Your Mechanicsburg, PA 17055 04/01/03 - Present Makenna Grace Y~ ,un~ 13. The MOTI-ER of the children is Plaintiff. She currently resides at 19 Gettysburg Pike, Init 5, ~anicsburg, Cumberl~ nd County, Pennsylvania. She is married to FATHER. 14. The FATH --R of the children is Defendant. He currently resides at 38 W. Coover Street, Mechanicsburg, Cumberl~ nd County, Pennsylvania. He is married to MOTHER. 15. The relatio~ship of Plaintiff to the children is that of natural MOTHER. The Plaintiff c[ resides with the minor chil ~ren on a shared basis with the Defendant. 16. The reratio~ship of Defendant to the children is that of natural FATHER. The Del, currently resides with the I ~inor children on a shared basis with the Plaintiff. 17. MOTHER t' as not participated as a party or witness, or in another capacity, in other lit concerning the custody of lhe children in this or another Court. 18. MOTHER I'as no information of a custody proceeding concerning the children pendir court of this Commonweal h or any other state. 19. MOTHER d ~es not know of a person not a party to tl'~e proceedings who has physical c, of the children or claims to have custody or visitation rights with respect to the children. 20. The best requested for the followin A. MC nurturer; B. Th( since the parties C. TI" D. MC eldest child's birth stability for the chi~ while FATHER ex( 21. Each parer who has physical custody WHEREFORE, M( minor children. :217753 iCterest and permanent welfare of the children will be sewed by granting tr reasons: FHER has been, since the children's births, the primary caregiver and children have resided on an equal basis with MOTHER and FATHER ~arated on April 1, 2003; ;hildren have developed a trusting and loving relationship with MOTHER; rHER has been a stay-at-home mom caring for the children since the and works occasionally on evenings and weekends, which would provide dren throughout the week and allow MOTHER to continue her employment rcises periods of custody during the evenings. whose parental rights to the children have not been terminated and the ~f the children have been named as parties to this action. )THER requests the Court to grant her shared physical and legal custod Respectfully submitted, JOHNSON, DUFFLE, STEWART/~DNER Mark C. Duffle / / Attorney I.D. No. 75906 301 Market Street P.O. Bo~( 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorney's for Plaintiff relief ;on the VERIFICATION I, Mark C. Duffie, Verification on her behall the best of my knowledge subject to the penalties ot Date: attorney for Plaintiff Jennifer L. Young, state that I am authorized to mE , and that the statements made in the foregoing document are true and cc , information and belief. I understand that false statements made herein ar, 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. r~ . Duffie, EsquT0~' ke this 'rect to made CERTIFICATE OF SERVICF AND NOW, this ; date, serve a copy of the lt~ day of October 2003, the undersigned does hereby certify that he did, =oregoing document upon the other parti~._.s of record as follows: By First Class U.S. Mail, postaqe prepaid' Jay R. Braderman, Esquire 126 Locust Street Harrisburg, PA 17101 JOHNSON, DUFFLE, STEWART & WEIDNER By., ark C.-Du.ie/'/ / Attorney I.D. No. ~'5906 on this JENNIFER L. YOUNG PLAINTIFF V. ROBERT A. YOUNG DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-3033 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Wednesday, November 05, 2003 , upon cortsideration 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, Mechanicsbur§, PA 17055 on Thursday, December 04, 2003 at 10:30 AM 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 define 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 court hereby directs the parties to furnish any and all existing Protection from Abuse orders, S0ecial Relief orders, and C~stody orders to the conciliator 48 hours prior to scheduled hearim,. FOR THE COURT, By: /s/ Dawn S. Sunday. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply xvith 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 TItlS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT }lAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JAN 0 9 2004~ JENNWER L. YOUNG VS. ROBERT A. YOUNG Plaintiff Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3033 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 5TM day of January~ 2004 , the conciliator, having received no request, from counsel to reschedule the conference originally scheduled for December 4, 2003, hereby relinquishes jurisdiction. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 t01 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff JENNIFER L. YOUNG, Plaintiff V, ROBERT A. YOUNG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3033 Civil Term CIVIL ACTION - LAW IN DIVORCE/CUSTODY STIPULATION FOR CUSTODY AND NOW, this ~' day of March, 2004, JENNIFER L. YOUNG, hereinafter referred to as "MOTHER," and ROBERT A. YOUNG, hereinafter referred to as "FATHER" hereby enter into this Stipulation for Custody with respect to their minor children, Bailey Austin Young, Noah Vance Young, and Makenna Grace Young. WHEREAS, the parties were married on June 11, 1994; and WHEREAS, MOTHER filed for divorce on June 25, 2003; and WHEREAS, the parties are the parents of three (3) minor children; Bailey Austin Young, born July 9, 1996; Noah Vance Young, born May 1, 1998; and Makenna Grace Young, born July 28, 2000. WHEREAS, the parties have reached an agreement for a parenting plan which they believe reflects the best interest of the children. NOW, THEREFORE, the parties having had adequate opportunity to review the following parenting plan and intending to be legally bound hereby, stipulate and agree as follows: 1. Leoal Custody. FATHER and MOTHER shall have shared legal custody of the minor children. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.S. {}5309, each entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. MOTHER and FATHER shall enjoy physical custody of the minor children as set forth as follows: A. FATHER shall have custody of the children every Monday through Thursday from 5:15 p.m. until 6:45 a.m. the following day. On alternating weekends, FATHER shall have the children from 5:15 p.m. on Friday until 6:45 a.m. on Monday. MOTHER shall have custody of the children on alternating weekends from 6:45 a.m. on Friday until Monday at 5:15 p.m. MOTHER shall have custody of the children weekdays from 6:45 a.m. until 5:15 p.m. B. During the summer months, both parties shall enjoy two (2) non-consecutive weeks of physical custody subject to fifteen (15) days' notice to 'the other party of that party's intention of exercising such uninterrupted period of custody. Neither party shall exercise a non-consecutive week of physical custody during the week immediately prior to the beginning of school. The uninterrupted, non-consecutive weeks for both parties shall supercede the alternating weekend schedule set forth in subparagraph A. 3. Holidays. A. Christmas. The Christmas Holiday to include Christmas Eve and Christmas Day shall be shared equally with times and exchanges to be determined at the discretion of and by the agreement of the parties hereto. B. FATHER shall have custody of the minor children for Thanksgiving 2003. Commencing in 2004 and continuing in even-numbered years thereafter, MOTHER shall enjoy custody with the minor children on New Year's Day, Memorial Day, and Labor Day. Commencing in 2005 and continuing in odd-numbered years thereafter, MOTHER shall enjoy custody with the minor children on Easter Day, July 4th, and Thanksgiving. Commencing in 2004 and continuing in even-numbered years thereafter, FATHER shall enjoy custody with the minor children on Easter, July 4th, and Thanksgiving. Commencing in 2005 and continuing in odd-numbered years thereafter, FATHER shall enjoy custody with the minor children on New Year's Day, Memorial Day, and Labor Day. C. MOTHER shall spend the day with the minor children on Mother's Day and FATHER shall spend the day with the minor child on Father's Day each beginning at 10:00 a.m. until 6:00 p.m. 4. The vacation and holiday schedules shall supercede the regular schedule in Paragraph 2-A above. 5. Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. The parties will encourage the children to love and respect both parents and support the children having a relationship with both parents. 6. Neither party will relocate at a distance of greater than a 20 minute drive without the consent of the other parent. In the event that a change to the custodial schedule is needed by reason of the desired relocation of one parent, and in the absence of an agreement of the parties, the relocating party will provide the other parent no less than sixty (60) day's notice of their intent to relocate. It is the intention of this paragraph to give the parties an opportunity to modify the custodial agreement if one becomes necessary by a desired relocation. 7. The parties intend that this Stipulation be made into an Order of Court. 8. The parties may vary from the terms of this Stipulation by their mutual agreement. In the absence of mutual agreement, the terms of the Stipulation and Order shall control. IN WITNESS WHEREOF, the parties hereto, each intending to be legally bound, have caused this Custody Stipulation to be signed and delivered as of the day and year first written above. WITNESS: J~y~ '.~/~an, Esquire :218756.4 ,l'ohnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff JENNIFER L. YOUNG, Plaintiff V. ROBERT A. YOUNG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3033 Civil Term CIVIL ACTION - LAW IN DIVORCE/CUSTODY STIPULATION FOR CUSTODY AND NOW, this "f~k day of March, 2004, JENNIFER L. YOUNG, hereinafter referred to as "MOTHER," and ROBERT A. YOUNG, hereinafter referred to as "FATHER" hereby enter into this Stipulation for Custody with respect to their minor children, Bailey Austin Young, Noah Vance Young, and Makenna Grace Young. WHEREAS, the parties were married on June 11, 1994; and WHEREAS, MOTHER filed for divorce on June 25, 2003; and WHEREAS, the parties are the parents of three (3) minor children; Bailey Austin Young, born July 9, 1996; Noah Vance Young, born May 1, 1998; and Makenna Grace Young, bom July 28, 2000. WHEREAS, the parties have reached an agreement for a parenting plan which they believe reflects the best interest of the children. NOW, THEREFORE, the parties having had adequate opportunity to review the following parenting plan and intending to be legally bound hereby, stipulate and agree as follows: 1. Leqal Custody. FATHER and MOTHER shall have shared legal custody of the minor children. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.S. {}5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. MOTHER and FATHER shall e~njoy physical custody of the minor children as set forth as follows: A. FATHER shall have custody of the childn~n every Monday through Thursday from 5:15 p,m. until 6:45 a.m. the following day. On alternating weekends, FATHER shall have the children from 5:15 p.m. on Friday until 6:45 a,m. on Monday. MOTHER shall have custody of the children on alternating weekends from 6:45 a.m. on Friday until Monday at 5:15 p.m, MOTHER shall have custody of the children weekdays from 6:45 a.m. until 5:15 p.m. B. During the summer months, both parties shall enjoy two (2) non-consecutive weeks of physical custody subject to fifteen (15) days' notice to the other party of that party's intention of exercising such uninterrupted period of custody. Neither party shall exercise a non-consecutive week of physical custody during the week immediately prior to the beginning of school. The uninterrupted, non-consecutive weeks for both parties shall supercede the alternating weekend schedule set forth in subparagraph A. 3. Holidays. A, Christmas, The Christmas Holiday to include Christmas Eve and Christmas Day shall be shared equally with times and exchanges to be determined at the discretion of and by the agreement of the parties hereto. B. FATHER shall have custody of the minor children for Thanksgiving 2003. Commencing in 2004 and continuing in even-numbered years thereafter, MOTHER shall enjoy custody with the minor children on New Year's Day, Memorial Day, and Labor Day. Commencing in 2005 and continuing in odd-numbered years thereafter, MOTHER shall enjoy custody with the minor children on Easter Day, July 4th, and Thanksgiving. Commencing in 2004 and continuing in even-numbered years thereafter, FATHER shall enjoy custody with the minor children on Easter, July 4th, and Thanksgiving. Commencing in 2005 and continuing in odd-numbered years thereafter, FATHER shall enjoy custody with the minor children on New Year's Day, Memorial Day, and Labor Day. C. MOTHER shall spend the day with the minor children on Mother's Day and FATHER shall spend the day with the minor child on Father's Day each beginning at 10:00 a.m. until 6:00 p.m. above. The vacation and holiday schedules shall supercade the regular schedule in Paragraph 2-A 5. Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. The parlies will encourage the children to love and respect both parents and support the children having a relationship with both parents. 6. Neither party will relocate at a distance of greater than a 20 minute drive without the consent of the other parent. In the event that a change to the custodial sclhedule is needed by reason of the desired relocation of one parent, and in the absence of an agreement of the parties, the relocating party will provide the other parent no less than sixty (60) day's notice of their intent to relocate. It is the intention of this paragraph to give the parties an opportunity to modify the custodial agreement if one becomes necessary by a desired relocation. 7. The parties intend that this Stipulation be made into an Order of Court. 8. The parties may vary from the terms of this Stipulation by their mutual agreement. In the absence of mutual agreement, the terms of the Stipulation and Order shall control. IN WITNESS WHEREOF, the parties hereto, each intending to be legally bound, have caused this Custody Stipulation to be signed and delivered as of the day and year first written above. WITNESS: Ro~Jert A. Young~~.~ :218756.4 20O4 JENNIFER L. YOUNG, Plaintiff ROBERT A. YOUNG, Defendant IN 'i'HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3033 Civil Term CIVIL ACTION - LAW IN DIVORCE/CUSTODY ORDER OFCOURT AND NOW, this '~-f."~'day of March, 2004, the attached Stipulation for Custody shall be incorporated herein as an Order of Court. BY THE COURT: / PROPERTY SETTLEMENT AGREEMENT THIS PROPERTY SETTLEMENT AGREEMENT (hereinafter "Agreement"), made this o~~'} day of March, 2004, by and between JENNIFER L. YOUNG, currently residing at 402 Mount Allen Drive, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "WIFE"), and ROBERT A. YOUNG, currently residing at 38 West Coover Street, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on June 11, 1994, in Camp Hill, Pennsylvania; and (DOB: and WHEREAS, there have been three (3) minor children born of this marriage: Bailey Austin Young 07/09/96); Noah Vance Young (DOB: 05/01/98); and Makenna Grace Young (DOB: 07/28/00); WHEREAS, a divorce action was filed by WiFE on June 25, 2003 and reinstated on August 15, 2003, in the Cumberland County Court of Common Pleas at Docket No. 03-3033 Civil Action in Divorce; and WHEREAS, Jay R. Braderman, Esquire, counsel for HUSBAND accepted service of the reinstated complaint on August 27, 2003; and WHEREAS, WIFE filed an amended complaint on October 28, 2003 to include a count for custody to the aforementioned docket; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including but not limited to: the equitable distribution of the madtal property; past, present, and future spousal support; alimony, alimony pendente lite, and in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and for other good and valuable consideration, the parties, intending to be legally bound hereby, the parties do hereby agree as follows: 1. Separation. The parties have lived separate and apart since April 1, 2003. The parties hereto shall continue to live separate and apart, and will not cohabitate with each other. It shall be lawful for each party at all times hereafter to live separate and apart from each other at such a place or places as he or she may from time to time choose or deem fit. 2. Interference. From the date of signing this Agreement, each party shall be free from interference, authority and control of the other, as if he or she were single or unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other or compel the other to cohabitate with the other or in any way harass or malign the other, or in any other way interfere with their peaceful existence, separate and apart from the other. 3. Divorce. The parties acknowledge that a Complaint in Divorce has been filed by WIFE to Docket No. 03-3033 in the Court of Common Pleas of Cumberland County on June 15, 2003. By executing this Agreement, the parties agree that the terms herein shall constitute a final Divorce Settlement Agreement. The parties further agree that on upon execution of this Agreement, each will immediately sign any and all consents or other documentation necessary to secure a Section 3301(c) divorce under the Pennsylvania Divorce Code. 2 4. Division of Personal Property. Except as set forth herein, each of the parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible marital personal property, including household furnishings and other similar property. Neither property shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other after the execution of this Agreement. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. The property shall be deemed to be in the possession or under the control of either party if the item is physically in possession and control of the party at the time of the signing of this Agreement. This division of personal property is intended to be a full and final settlement of the division of tangible personal property. With respect to the motor vehicles owned by one or both of the parties, they agree as follows: The 1999 Chevrolet Venture in joint names shall become the sole and separate property of WIFE subject to any liens and encumbrances. WIFE agrees to indemnify and save harmless HUSBAND on account of any said obligation. The 1997 Ford F-150 Pick-up Truck in HUSBAND'S name shall become the sole and separate property of HUSBAND subject to any liens and encumbrances. HUSBAND agrees to indemnify and save harmless WIFE on account ol~ any said obligation. The title to the said motor vehicles shall be executed by the parties, if appropriate, for affecting the transfer as herein provided, on the date of the execution of this Agreement if the title is in the possession of one or the other party. In the event that either or all of the documents of title to the said vehicles shall be in the hands of a bank or other holder of the lien or encumbrance upon said vehicle, the parties agree to advise such bank or holder as to the transfer of title set forth herein and they further agreed to execute whatever documents may be required to transfer title or said document of title as in the hands of such bank or holder. 3 5. Division of Real Property. HUSBAND and WIFE are the owners as tenants by the entireties of real property known and numbered as 38 West Coover Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. The property has a current market value of approximately $160,000.00. The parties have two mortgages on the real property. The first mortgage is with HomeEq Service Corporation with an approximate principal balance of $141,780.00. The parties jointly have a second mortgage with Beal Bank with an approximate principal balance of $55,000.00. HUSBAND and WIFE jointly filed a Chapter 13 Bankruptcy Petition in the United States Bankruptcy Court for the Middle District of Pennsylvania to Docket No. 1-02-07016 on or about December 31, 2002. The real property as set forth in this Paragraph is currently subject to a foreclosure sale scheduled for March 3, 2004. At that time, the property will be sold and any deficiency judgment to HomeEq Service Corporation and Beal Bank with respect to the first and second mortgage obligation shall be discharged through the bankruptcy. In the event that there is any further oblicjation attaching to the real property or the parties' joint ownership of the same, the parties agree to be equally responsible for any such obligation that should arise. HUSBAND is currently residing in the marital home at 38 West Coover Street, Mechanicsburg, Cumberland County, Pennsylvania. HUSBAND agrees to maintaiin the property in good condition through the date of the foreclosure sale and until such time as he relinquishes possession of the same. Additionally, HUSBAND agrees to indemnify and hold harmless WIFE from any and all obligations incident to ownership and/or occupation of the marital home which have accrued in the past, now exist or may arise in the future, including, but not limited to, property taxes, hazard insurance and utilities which have not been discharged by virtue of the bankruptcy referenced herein. The parties currently have a tenant residing on the property located at 38 W. Coover Street who pays $500.00 per month in rent. WIFE shall be entitled to receive said rent until tenant vacates the property. Both parties shall be equally responsible in complying with the Pennsylvania Landlord-Tenant Act which includes, but is not limited to, refunding and accounting for a security deposit. The parties, through counsel if necessary, shall jointly notify tenant to vacate should the foreclosing bank deem it necessary. Should the parties incur any expenses including, bull not limited to, attorney's fees or court costs in complying with the Landlord-Tenant Act, those expenses should be divided equally between the parties. 4 6. Custody and Child Support. The parties have resolved the custody matter by Stipulation and Order of Court to this docket. The parties agree that there shall be no child support due and owing from either party under the current stipulated Custody Order. A. The parties recognize each others significant role in caring for and supporting the children and as such agreed to equally divide afl extraordinary expenses including, but not limited to, extra-curricular activities, unreimbursed medical expenses, educational expenses such as school lunches, daycare if necessary, etc. The parties I~ereto shall alternate years claiming the children as dependents, with WIFE beginning in tax year 2003. 7. Alimonyf Alimony Pendente Litef Spousal Support~ Counsel F;== and Expen~. The parties hereto agree that there shall be no alimony, alimony pendent elite, or spousal obligation owing from either party unless HUSBAND files for child support. HUSBAND ;agreed in Paragraph 6 that there shall be no child support due and owing. Should he attempt to secure ohild support and be awarded the same based upon the then current Custody Order, WIFE will be entitled to alimony for a period of thirty (30) months as calculated based upon the spousal support guidelines effective the date of HUSBAND'S filing. WIFE's right to alimony hereunder shall terminate upon cohabitation, remarriage or death of either party. 8. Health Insurance. HUSBAND hereby agrees to continue providing health insurance for the minor children through his place of employment. HUSBAND will continue to provide health insurance for WIFE until the date of the Decree in Divorce at which time WIFE agrees to provide her own health insurance at her own cost. 9. Bank Accounts. Any and all bank accounts in the parties names which exist upon execution of this Agreement have been previously divided to both party's mutual satisfaction. The parties acknowledge that they have closed any joint accounts and removed the other party's name from the account so that there are no joint accounts remaining in existence. Furthermore, each party agrees to waive any right, title or interest he or she may have in any individual bank account of the other. 10. Waiver of Claims to After-Acquired Property. Each party hereby waives any and all right, title, and interest to the property granted to the other by viirtue of the provisions of this Agreement. Furthermore, each party hereby waives any and all right, title, and interest to any after-acquired property, whether acquired by assets set forth in this Agreement or assets acquired after separation. Specifically, should either party utilize assets divided by this Separation Agreement to purchase any property in the future, or if either party has already done so, the other party agrees to waive any and all rights, title, and interest to that property and shall make no claims thereto. 11. Life Insurance. Each party shall retain as their sole and separate property any cash value, either vested or non-vested, in any life insurance policies which they currently own or are designated as the insured. Either party may remove the other party as a death beneficiary. Each party agrees to sign any and all waivers or other documents necessary to effectuate such removal. 12. Pension and Retirement Benefit-~ Each party shall retain as their sole and separate property, any individual retirement account, and/or retirement benefit plan (including but not limited to pension or profit sharing plans, deferred compensation plans, defined benefit plans, 401(k) plans, employee savings and thrift plans, liRA's, or other similar benefil~.s), whether vested or non-vested. The above shall specifically include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. Each party shall be and remain sole owner of any other asset in his or her control not specifically covered by the provisions of this Agreement. Should it become necessary, each party agrees to sign any other title or documents necessary to give effect to this section upon request of the other party. 13. Student Loan Debt. HUSBAND's student loan payable to the U.S. Department of Education (Acct. No. 180-56-0036) was not discharged threugh the bankruptcy. HUSBAND shall be responsible for repayment of said loan, and hold WIFE harmless from the same. If said loan is in joint names, HUSBAND shall, within thirty (30) days from the date of e)¢ecution of this Agreement, transfer said loan into his name individually. 14. Unsecured Debt. On or about December 31, 2002, the parties jointly filed a Chapter 13 Bankruptcy Petition and the Plan was confirmed on March 13, 2003. Through that action, the following unsecured creditors claims have been discharged: 6 Name Account No. Nature of Claim Amount of Claim Barry Heckard 016000567/16005691 2002 Personal Taxes $22.00 Barry Heckard Bill No. 3334 2002 Real Estate Taxes $12.00 Barry Heckard Bill No. 333 2002 Real Estate Taxes $2,048.00 Borough of Mechanicsburg 55-0133001/55-0001330 2002 Unpaid Sewer Bill $473.00 Citifinancial Retail Services 6032-5901-4044-3218 1997-2002 Credit Card Purchases $1,637.00 Home Depot 51-7951-004501-0 1997-20(;12 Credit Card Purchases $517.00 Household Bank (SB), N.A. 7001-3211-0040-3496 1997-2002 Credit Card Purchases $905.00 Kay Jewelers 1997-2002 Credit Card Purchases $500.00 Mary Murray Tax Collector 2002 Real Estate Taxes $594.00 MBNA America 4264-2932-6202-7208 1997-2002 Credit Card Purchases $8,361.00 Members 1'~ Federal CU 4121-4499-9138-2065 1997-2002 Credit Card Purchases $1,886.00 Members 1" Federal CU 1997-2002 Loans $6,850.00 Shipley Energy 560087 1997-200:2 Fuel Expenses $105.00 Value City Department Stores 7001-3211-0041-1259 1997-2002 Credit Card Purchases $833.00 Wal-Mart 6032-2072-2096-9158 1997-2002 Credit Card Purchases $870.00 Wells Fa, t~o Financial 77820160045 1997-200;_) Credit Card Purchases ~5,000.00 Total: $62,246.00 The Plan was confirmed with a thirty-six (36) month obligation of $177.00 per month wherein the creditors would be partially paid and the debts as set forth herein fully discharged. HUSBAND has made bi-weekly payments in the amount of $88.50 since the start date of January 30, 2003. HUSBAND agrees to continue to make said payments through the completion of the Bankruptcy Plan until the matter is fully discharged. HUSBAND agrees to provide WIFE with evidence of payment upon request and written confirmation full discharge of the bankruptcy. 7 Should any of the debts or obligations as set forth herein survive bankruptcy and remain valid debts or claims against both or either of the parties, the parties agree to be equally responsible for said obligation. Any additional debt incurred on or after December 31, 2002, will be the responsibility of the party incurring it. 15. ARreement Executed Voluntarily and Clearly Understood Each party to this Agreement acknowledges and declares that he or she respectively: A. Is fully and completely informed as to the facts relating to the subject matter of this Agreement, and as to the rights and liabilities of both parties; B. Enters into this Agreement voluntarily, free from fraud, undue influence, coercion of any kind; C. Has given careful and mature thought to the making of this Agreement; D. Has carefully read each provision of this Agreement; E. Acknowledges that there has been a full and fair financial disclosure by both parties, and fully and completely understands each provision of this Agreement. 16. Release of all Claims. Each party releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been or will be incurred. Moreover, neither party is relieved or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. 17. Holdin¢7 Other Party Free and Harmles,~. HUSBAND hereby warrants to WIFE that he has not incurred and he hereby agrees that he will not hereafter incur any liability or obligation on which she is or may be liable, if any claim or action is brought attempting to hold WIFE liable for any such liability or obligation, HUSBAND shall, at his sole expense, defend WIFE against any such claim or action whether or not founded, and he shall hold her free and harmless therefrom. WIFE hereby warrants to HUSBAND that she has not incurred and she hereby agrees that she will not hereafter incur any liability or obligation on which he is or may be liable. If any claim or action is brought attempting to hold HUSBAND liable for any such liability or obligation, WIFE shall, at her sole expense, defend HUSBAND against any such claim or action whether or not founded, and she shall hold him free and harmless therefrom. 18. Additional Instruments. The parties shall, on demand, execute and deliver to the other, any document, specifically including but not limited to the deed and retirement beneficiary forms, and do or cause to be done, any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails, on demand, to comply with this provision, that party shall pay to the other, all attorney's fees, costs and other expenses reasonably incurred as a result of such failure. 19. Full Disclosure. The respective parties do hereby warrant, represent, and declare, and do acknowledge and agree that each is and has been fully and completely informed of, and is familiar with and cognizant of the wealth, income, real and/or personal property, whether jointly or individually titled, estate and assets of the other, and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities, and any further enumeration or statem,ent thereof in this Agreement is hereby specifically waived. The parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and agrees for himself or herself that his or her heirs, personal representatives and assigns, that he or she will never at any time hereafter sue the other or his or her heirs, personal representatives or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full and proper disclosure. Further, both parties waive their right to have the inventory or financial disclosure statement of the other attached hereto. 20. Representation of the Partiee. WIFE is represented by Johnson, Duffle, Stewart & Weidner, in connection with the negotiation and preparation of this Agreement. HUSBAND is represented by Jay R. Braderman, Esquire, in connection with the negotiation of this Agreement. Both parties acknowledge that they have been advised and that they have had the opportunity to review this Agreement with counsel and that each party has clearly read this Agreement and is completely aware not only of its content, but also its legal effect. Each party acknowledges and accepts that this Agreement, in the circumstances, is fair and equitable, and that it 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 and/or Agreements. 21. Waiver of RiRhts to Other Party's Estat. Except as provided for herein, HUSBAND and WIFE each waive any and all right: To inhedt any part of the estate of the other at his or her death, except as provided herein; To receive property from the estate of the other by bequest or devise except under a Will or Codicil dated subsequently to the effective date of this Agreement; To act as personal representative of the estate of the other on intestacy unless nominated by another party legally entitled to so act; To act as the personal representative under the Will of the other unless so nominated by a Will or Codicil dated subsequently to thE; effective date of this Agreement; E. To claim a family allowance in the estate of the other. 22. Containment of Entire ARreement Herein. This Agreement supersedes any and all other Agreements, either oral or in writing, between the parties relating to the dghts and liabilities adsing out of their marriage. This Agreement contains the entire agreement of the parties. 23. Partial Invalidity. If any portion of this Agreement is held by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remaining previsions shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way. 24. Effect of Reconcillation~ Cohabitation or Divorc~ DecrcA. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to the parties. This Agreement shall survive any such final judgment or Decree of Divorce. Both parties shall have all rights and enforcement under applicable law including the Pennsylvania Divorce Code. This Agreement shall also remain in full force and effect even if the parties effect a reconciliation, cohabitate as Husband and Wife, or attempt to effect a reconciliation. 10 25. Modification. This Agreement shall not be subject to modification except as in accordance with Pennsylvania law and with a writing between both parties evidencing their intent to modify the Agreement. 26. 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 not be construed as a waiver of any subsequent default of the same or similar nature. 27. Attorneys Fees and Expense= Each party shall b,e responsible for their own attorneys fees and expenses. 28. Mutual Coo ration. Each of the parties shall, on demand, execute and deliver to the other, any deeds, bills of sale, quit claims, assignments, consents, tax returns, and other documents and do or cause to be done any other acts or things as may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs and other expenses reasonably incurred as a result of such failure. 29. Law of Pennsylvania Applicable, This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 30. Date orA raement. The effective date of this Agreement shall be the date on which the last party executes the Agreement if the parties do not execute the Agreement on the same date. Otherwise, the effective date will be the date that both parties execute the Agreement if they execute on the same date. 31. Successors and Ass(qn-~ This Agreement, except as otherwise expressly provided herein, shall be binding on and shall inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns and successors and interest of the parties. 11 IN W/TNE$$ WHEREOF, the parties hereby have hereur~to set their hands and seals the date and year first above written. WITNESS: Robert A. ¥ounB ~~-.-.~ 12 Jay R. Braderman, Esquire ID # 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Defendant JENNIFER L. YOUNG, Plaintiff ROBERT A. YOU~NG, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3033 Civil Term : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 25, 2003. The Complaint in Divorce was reinstated on August 15, 2003. 2. The mamage of Plaintiffand Defendant is irretrievably broken and ninety days have elapsed from the date of service of the Complaint. 3. I consent to the entry of a final decree in divorce at'~er service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list ofmamage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 04.904, relating to unswom falsification to authorities. Date: ,~- t..[ _c-.~t.~ c ~ Ro Young Jay R. Braderman, Esquire ID # 07047 126 Locust SWeet P.O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Defendant JENNIFER L. YOUNG, Plaintiff ROBERT A. YOL~G, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3033 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE TO: ROBERT A. YOUNG, Defendant 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 ifI do not claim them before a divorce is ~wanted. 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 mediately after it is filed with the Prothonotary. I understaad that the statements made k~ this Affidavit am true emd correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904 relating to unswom falsification to authorities. %oun Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lernoyne, Pennsylvania 17043-0109 (717) 7614540 Attorneys for Plaintiff JENNIFER L. YOUNG, ROBERTA. YOUNG, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3033 Civil Term CIVIL ACTION - LAW IN DIVORCE/CUSTODY AFFIDAVlT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on June 25, 2003. The Complaint in Divorce was reinstated on August 15, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate ,n counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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. 'en-~/L. Youn, r Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff JENNIFER L. YOUNG, Plaintiff ROBERT A. YOUNG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3033 Civil Term CIVIL ACTION - LAW IN DIVORCE/CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE ,UNDER SECTION 3301(c) OF THE DIVORCE CODF TO: JENNIFER L. YOUNG, Plaintiff 1. I consent to the entry of a final decree in 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 Js 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 tlhe 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. !}4904 relating to unsworn falsification to authorities. Date: Jay R. Braderman, Esquire ID # 07047 126 Locust Street P.O. Box 11489 Harrisburg PA 17108-1489 (717) 232-6600 Attorney for Defendant JENNIFER L. YOUNG, Plaintiff ROBERT A. YOUNG, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUN'I¥, PENNSYLVANIA : NO. 03-3033 Civil Term : CIVIL ACTION - LAW : IN DIVORCIfJCUSTODY AFFIDAVIT I, ROBERT A. YOUNG, 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 pmticipate in counseling. 2. I understand that the Court maintains a list of mamage 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 by the Court. I understand that false statements herein are made subject; to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. OBEK~I' A. YO~ Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff JENNIFER L. YOUNG, ROBERTA. YOUNG, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3033 Civil Term CIVIL ACTION - LAW IN DIVORCE/CUSTODY AFFIDAVlT I, JENNIFER L. YOUNG, being duly sworn according to law, depose and state: 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 by the ceurt. 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 unswom falsification to authorities. Date: :220450 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Plaintiff JENNIFER L. YOUNG, Plaintiff V. ROBERT A. YOUNG, Defendant : IAI THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3033 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under {}3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: The Reinstated Complaint was served on Defendant's counsel on August 27, 2003. An Acceptance of Service was filed in this Court on September 10, 2003. A copy of the Amended Divorce Complaint was served on Defendant's counsel on October 21, 2003. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: March 2, 2004; by the Defendant: March 4, 2004. Date of Execution of the Affidavits: by the Plaintiff: March 2, 2004; by the Defendant: March 4, 2004. 4. Related claims pending: None. 5. Date Plaintiff signed Waiver of Notice of Intention to Request Entry of Divorce Decree dated March 2, 2004; Date Defendant signed Waiver of Notice of Intention to Request Entry of Divorce Decree dated March 4, 2004. Dated: :223976 Respectfully submitted, / - ---...~ JOHNSON, DUFFLE, STEWART & V~/EIDNER M~rk C. Duffle II Attorney, I.D. No. ~',5906 Attorney,s for Plaintiff IN THE COURT OF COMMON Of CUMBERLAND COUNTY STATE Of PENNA. PLEAS JENNIFER L. YOUNG VERSUS ROBERT A. YCUNG NO. 03-3033 CIVIL TERM DECREE IN DIVORCE AND N OW, ~~l~ ;~d~0~/~ IT IS ORDERED AND DECREED THAT JENNIFER L. YOUNG , PLAINTIFF, AND ROBERT A. YOUNG , 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; The attached Property Settlement Agreement date~ March 2, 2004, shall be incorporated, but not merged, into this Dec~ee in Divorce. BY THE: U : PROTHO A