HomeMy WebLinkAbout99-05113:a
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tis
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
P +t a
CAROLE J. YOUNG,
Plaintiff N O. 5113
VERSUS
STEPHEN F. YOUNG.
Defendant
DECREE IN
DIVORCE r? 2 PM
AND NOW, 66r;( 0? - , 2003 , IT IS ORDERED AND
DECREED THAT J. YOUNG , PLAINTIFF, - am AND STEPHEN F. YOUNG
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
DEFENDANT,
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.
The Property Settlement Agreement between the parties shall be incorporated
into the final decree for purposes of enforcement, but shall not merge
BY C U T:
A T T J.
ROTHONOTARY
1999
PROPERTY SETTLEMENT AGREEMENT
This is a Property Settlement Agreement entered into this ?u PY/
day ol`2&4G
2003, by and between STEPHEN F. YOUNG, of York County, Pennsylvania
(hereinafter referred to as "Husband"),
and
CAROLE J. YOUNG, of Cumberland County, Pennsylvania (hereinafter referred to as
"Wife").
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on October 8, 1967, and;
WHEREAS, unhappy differences have arisen between Husband and Wife in
consequence of which they are now living separate and apart from each other; and
WHEREAS, Husband and Wife are now in the process of obtaining a divorce,
and, consequently, they desire to settle and determine finally and for all time both their
respective financial and property rights, including any and all claims which either of them
may have against the other.
NOW THEREFORE, in consideration of this Property Settlement Agreement,
and of the mutual promises, covenants and undertakings set forth herein, and
incorporating the above "WHEREAS" clauses herein by reference, the parties hereto,
each intending to be legally bound, hereby agree as follows:
1. SEPARATION: It shall be lawful for each party at all times hereafter to
live separate and apart from the other party at such place as he or she may from time to
time choose or deem fit. The foregoing provisions shall not be taken as an admission on
the part of either party of the lawfulness or unlawfulness of the causes leading to their
living apart.
2. INTERFERENCE: Each party shall be free from interference, authority
and contact by the other, as fully as if he or she were single and unmarried except as may
be necessary to carry out the provisions of this Agreement. Neither party shall molest the
other or attempt or endeavor to molest the other, nor compel the other to cohabit with the
other, or in any way harass or malign the other, nor in any way interfere with the other's
peaceful existence, separate and apart from the other.
3. WIFE'S DEBTS: Wife represents and warrants to Husband that since the
separation she has not and in the future she will not contract or incur any debt or liability
for which Husband or his estate might be responsible, and that she shall indemnify and
save harmless Husband from any and all claims or demands incurred by her.
4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that
since the separation he has not and in the future he will not contract or incur any debt or
liability for which Wife or her estate might be responsible, and that he shall indemnify
and save harmless Wife from any and all claims or demands made against her by reason
of debts or obligations incurred by him.
5. OUTSTANDING JOINT DEBTS: All debts, obligations or liabilities
incurred at any time in the past by either of the parties will be paid promptly by the party
which incurred such debt, obligation or liability, unless except as otherwise specifically
set forth in this Agreement. Each of the parties hereto further promises, covenants and
agrees that each will now and at all times hereafter save harmless and keep the other or
his or her estate indemnified and saved harmless from all debts or liabilities incurred by
him or her, as the case may be, and from all actions, claims and demands whatsoever
with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever
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appertaining to such actions, claims and demands.
Neither party shall, after the date of this Agreement, contract or incur any debt or
liability for which the other or his or her property might be responsible, and shall
indemnify and save harmless the other from any and all claims or demands made against
her or him by reason of debts or obligations incurred by her or him, and from all costs,
legal costs and counsel fees incurred in connection therewith unless provided to the
contrary herein.
6. BANK ACCOUNTS, RETIREMENT ACCOUNTS AND
INSURANCE: Husband and Wife are owners of individual savings, checking and
investment accounts and insurance at various institutions, and Husband hereby releases
all claims in and to all accounts in the name of Wife, and Wife hereby releases all claims
in and to all accounts in the name of Husband, and each party shall retain as his or her
separate property each account currently titled to that party. Husband and Wife agree to
sign, upon request and after execution of this Agreement, any titles or any other
documents reasonably necessary to give effect to this Section.
Husband has a pension with the federal government. Husband and Wife agree
that Husband shall retain this account pension account as his sole and separate property.
Husband and Wife also agree that Husband shall pay wife the sum of $20,000.00 in the
form of equitable distribution. Husband shall make bi-weekly payments of $300.00,
beginning January 1, 2003, and continue making the bi-weekly payments until the entire
balance is paid in full. A copy of the biweekly payment schedule is attached hereto as
Exhibit A and incorporated herein. All payments from January 1, 2003, to the present
shall be paid in a lump sum to Wife upon the execution of this Agreement.
7. HUSBAND'S RELEASE: Husband does hereby release, remise,
quitclaim, and forever discharge Wife and the Estate of Wife from any and all claims that
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he now has or may hereafter have against Wife, or in, to, or against her Estate or any part
thereof, whether arising out of any former contracts, agreements, engagements, or
liabilities of Wife, or by way of dower or claim in the nature of dower, spouse's right or
under any intestate laws or the right to take against Wife's Will, or for equitable
distribution, support, alimony, alimony pendente lite, or maintenance of any other nature
whatsoever, excepting only those rights accruing to Husband under this Postnuptial
Agreement.
g. WIFE'S RELEASE: Wife does hereby release, remise, quitclaim, and
forever discharge Husband and the Estate of Husband from any and all claims that she
now has or may hereafter have against Husband, or in, to, or against his Estate or any part
thereof, whether arising out of any former contracts, agreements, engagements, or
liabilities of Husband, or by way of dower or claim in the nature of dower, spouse's right
or under any intestate laws or the right to take against Husband's Will, or for equitable
distribution, support, alimony, alimony pendente lite, or maintenance of any other nature
whatsoever, excepting only those rights accruing to Wife under this Postnuptial
Agreement.
9. MUTUAL INDEMNIFICATION: Each party represents that no debts,
liabilities, or obligations have been incurred or contracted for for which the other party or
the Estate of the other party may be responsible or liable, except those specifically
identified in this Agreement.
Each party hereto shall hereafter keep the other and his or her heirs and personal
representatives indemnified and saved harmless against and from all debts and liabilities
contracted for or incurred by or on behalf of the indemnifying party, and against and from
all actions, proceedings, claims, demands, costs, attorneys' fees and expenses incurred in
respect to any such debts or liabilities, excepting, however, obligations of the parties
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hereto to each other under this Agreement.
10. DIVISION OF REAL PROPERTY: Husband and Wife owned jointly
the marital residence, which was located at 1321 Horick Drive, Boiling Springs,
Cumberland County, Pennsylvania. Husband and Wife sold the marital residence on
December 30, 1999. After all debts were paid, the parties received $60,693.52 in
proceeds. Husband and Wife agree that Wife shall retain the full sum of the proceeds
from the marital residence as part of her share of equitable distribution.
Husband and Wife also own a lot in Florida. Husband and Wife agree that
Husband will be the sole and separate owner of the lot. Wife agrees to transfer all right,
title and interest in and to the real estate now titled as tenants by the entireties to Husband
and agrees to execute all deeds, documents, or papers necessary to effect such transfer of
title. Husband shall be solely and separately responsible for all costs associated with the
transfer of the real property.
Husband and Wife agree to provide each other with their current mailing address
and they agree to notify each other in writing if either changes their address while
Husband is making his biweekly payments to Wife.
11. DIVISION OF PERSONAL PROPERTY: The parties have divided
between them, to their mutual satisfaction, their personal property and the personal
effects, household furniture and furnishings, and all other articles of personal property
which have theretofore been used by them in common, and neither party will make any
claim to any items of personal property which are now in the possession or under the
control of the other. Should it become necessary, the parties each agree to sign any titles
or documents necessary to give effect to this paragraph upon request.
5
12. AUTOMOBILES- Husband and Wife agree that Wife shall be the sole
and separate owner of the 1993 Jeep Grand Cherokee and Husband shall become the sole
and separate owner of the 1982 Plymouth Horizon and the 1992 Dodge D250. Husband
and Wife agree to assume all responsibility for any outstanding debt balance on his or her
respective vehicles, indemnifying and holding the other harmless from any financial
responsibility arising from nonpayment thereon. Husband and Wife agree to execute any
and all instruments and documents necessary in order to effectuate the transfer of title to
said automobiles.
13. LIFE INSURANCE POLICIES: Husband and Wife agree to waive
any and all claims and relinquish all rights and interest they may have in any and all life
insurance policies of the other.
15. BREACH: If either party breaches any provision of this Agreement, the
other party shall have the right, at his or her election, to sue for damages for such breach,
to sue for specific performance, and to seek such other remedies or relief as may be
available to him or her, and the party breaching this contract shall be responsible for
payment of legal fees and costs incurred by the other in enforcing their rights under this
Agreement.
16. BANKRUPTCY: If Husband files f'or bankruptcy within five (5) years
of the date of this Agreement, this Agreement shall constitute conclusive evidence of the
parties' intent that the obligations of this Agreement is in the nature of equitable
6
distribution and is not dischargeable in bankruptcy under the current bankruptcy law or
any amendment thereto. If any payments made to Wife are deemed a preference by a
court of competent jurisdiction in bankruptcy, the parties agree that this Agreement shall
be null and void as a resolution of Wife's economic claims in a divorce action filed in the
Court of Common Pleas in and for Cumberland County, Pennsylvania at Docket Number
99--5113. Wife shall have the right to prosecute her economic claims in the divorce
action as if this Agreement had not been entered and any order of support in any form
shall be effective retroactive date of discharge or the date of receipt of any payment Wife
is required to repay.
17. 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.
18. VOLUNTARY EXECUTION: Wife has employed and had the benefit
of counsel from Elizabeth S. Beckley, Esquire, as her attorney. Husband has employed
and had the benefit of counsel from Andrea Eveler Stanley, Esquire as his attorney.
Each party acknowledges that he or she fully understands the facts and has been
fully informed as to his or her legal rights and obligations, and each party acknowledges
and accepts that this Agreement is, under the circumstances, fair and equitable, and that it
is being entered into freely and voluntarily after having received such advice and/or with
such knowledge as each party desires, and that execution of this Agreement is not the
result of any duress or undue influence and that it is not the result of any collusion or
improper or illegal agreement or agreements. Also, each party hereto acknowledges that
under the Pennsylvania Divorce Reform Act, the Court has the right and duty to
determine all marital rights of the parties, including divorce, alimony, alimony pendente
7
lite, equitable distribution of all marital property or property owned or possessed
individually by the other, counsel fees and costs of litigation and, fully knowing the same
and being 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 each party waives their respective right to
have the Court of Common Pleas or any Court of competent jurisdiction make any
determination or order affecting the respective parties' right to a alimony, alimony
pendente lite, equitable distribution of all marital property, counsel fees and costs of
litigation.
19. 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. This Agreement shall be binding
upon the parties hereto, and there respective heirs, executors, administrators and assigns.
20. MODIFICATION AND WAIVER: A modification or waiver of any of
the provisions of this Agreement shall be effective only if made in writing and executed
by both parties with the same formality as this Agreement. The failure of either party to
insist upon strict performance of any of the provisions of this Agreement shall not be
construed as a waiver of any subsequent default of the same or similar nature.
21. SEVERABILITY: If any provision of this Agreement is held by a court
of competent jurisdiction to be void, invalid or unenforceable, the remaining provision
hereof shall nevertheless survive and continue in full force and effect without being
impaired or invalidated in any way.
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22. DATE OF EXECUTION/EFFECTIVE DATE: The "date of
execution" or "execution date" of this Agreement shall be defined as the date upon which
the parties signed the Agreement, if they did 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. This Agreement shall become effective and binding upon both parties on the
execution date.
23. DESCRIPTIVE HEADINGS: The descriptive headings used herein are
for convenience only. They shall have no effect whatsoever in determining the rights or
obligations of the parties.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals
the day and year first above-written.
/ Andrea Eveler Stanley, Esquire
f beth . Beek uir
COMMONWEALTH OF PENNSYLVANIA )
SS.:
COUNTY OF )
On this the /Y iay of z
R, 22 =l , 2003, before me, the undersigned
officer, personally appeared STEPHEN F. YOUNG, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that he executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
?f I l ?
Notarial Seal
Notary Public Tnev CM. of cY irr ?Nay1yypablic
my Coauniseion Expire, Z 4. 2004
My Commission Expires: bWb".PenneylvanleAeawallonclNCt ft
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF 1'Ol )
j?CJ?6,? ., 2003, before me, the undersigned
On this the ddy of
V C 6, , , 2003, before me, the undersigned
officer, personally appeared CAROLE J. YOUNG, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that she executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
? i
Notary u c
My Commission Expires:
EY Notary
SEAL n Courry, March 12, 2005
um
1
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EVELER &EVELER January 9, 2003 Page 1
Princ ipal: 20,000.00 Rate: 0.000 Years: 2 Periods: 15
PERIODIC Payment: 300.00 (26x/Year)
FINAL est. Payment: 200.00
Date
---- No.
---- Interest
-------- Principal Balance Check # Date Paid
1/2003
1
0.00 ---------
300.00 ------- ------- ---------
19,700.00
2/2003 . '2 0.00 300.00 19,400.00
3/2003 3 0.00 300.00 19,100.00
4/2003 4 0.00 300.00 18,800.00
5/2003 5 0.00 300.00 18,500.00
6/2003 6 0.00 300.00 18,200.00
7/2003 7 0.00 300.00 17,900.00
8/2003 8 0.00 300.00 17,600.00
9/2003 9 0.00 300.00 17,300.00
.0/2003 10 0.00 300.00 17,000.00
.1/2003 11 0.00 300.00 16,700.00
.2/2003 12 0.00 300.00 16,400.00
.3/2003 13 0.00 300.00 16,100.00
.4/2003 14 0.00 300.00 15,800.00
.5/2003 15 0.00 300.00 15,500.00
.6/2003 16 0.00 300.00 15,200.00
.7/2003 17 0.00 300.00 14,900.00
.8/2003 18 0.00 300.00 14,600.00
.9/2003 19 0.00 300.00 14,300.00
:0/2003 20 0.00 300.00 14,000.00
1/2003 21 0.00 300.00 13,700.00
2/2003 22 0.00 300.00 13,400.00
3/2003 23 0.00 300.00 13,100.00
;4/2003 24 0.00 300.00 12,800.00
;5/2003 25 0.00 300.00 12,500.00
16/2003 26 0.00 300.00 12,200.00
2003 Totals 0.00 7,800.00
1/2004 27 0.00 300.00 11,900.00
2/2004 28 0.00 300.00 11,600.00
3/2004 29 0.00 300.00 11,300.00
4/2004 30 0.00 300.00 11,000.00
5/2004 31 0.00 300.00 10,700.00
6/2004 32 0.00 300.00 10,400.00
7/2004 33 0.00 300.00 10,100.00
8/2004 34 0.00 300.00 9,800.00
9/2004 35 0.00 300.00 9,500.00
0/2004 36 0.00 300.00 9,200.00
1/2004 37 0.00 300.00 8,900.00
2/2004 38 0.00 300.00 8,600.00
3/2004 39 0.00 300.00 8,300.00
4/2004 40 0.00 300.00 8,000.00
EXHIBIT 'A"
EVELER &EV,ELER
January 9, 2003 Page
Date'
---- No. Interest Principal Balance
15/2004 ----
41
--------- Check # Date Paid
---
?16/2004
42 0.00
0
00
300.00 ---- ---------
7,700.00
17/2004
43 .
0
00 300.00 7,400.00
18/2004
44 .
0
00 300.00
7.100.00
19/2004 45 .
0
00 300.00 6,800.00
20/2004 46 .
0
00 300.00 61500.00
21/2004 47 .
0
00 300.00 6,200.00
122/2004 48 .
0
00 300.00 5,900.00
23/2004 qg .
0
00 300.00 51600.00
124/2004
50 .
0
00 300.00 5,300.00
25/2004
51 .
0
00 300.00 5,000.00
26/2004
52 .
0
00 300.00 4,700.00
. 300.00 4,400.00
2004 Totals
I 0.00 7,800.00
1/2005
2/2005 53
54 0.00 300.00 4,100.00
3/2005
55 0.00
0
00 300.00 3,800.00
4/2005
56 .
0.00 300.00
300
00 3,500.00
;5/2005
;6/2005
57
5
0.00 .
300.00 3,200.00
2,900.00
7/2005 8
59 0.00 300.00 2,600.00
,
8/2005
60 0.00 300.00 2,300.00
9/2005
61 0.00 300.00 2,000.00
!.0/2005
62 0.00
0
00 300.00 1,700.00
1.1/2005
63 .
0
00 300.00 1,400.00
'.2/2005
64 .
0
00 300.00 1,100.00
3/2005
65 .
0.00 300.00
300
00 800.00
4/2005
;5/2005
66
67
0.00 .
300.00 500.00
200.00
0.00 200.00
0.00
2005 Totals 0.00 4,400.00
rand Total s 0.00 20,000.00
2
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IfAIMIn111IHIi. PENNSYLVANIA 17I08-IMIH
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CAROLE J. YOUNG,
Plaintiff
V.
STEPHEN F. YOUNG,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NO. 99-5113
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Please transmit the record, together with the following information, to the Court
for the entry of a Decree of Divorce.
1. Ground for divorce: irretrievable breakdown of the marriage under Section
3301(c) of the Divorce Code.
2. Date and manner of service of the Complaint: the complaint was served on
Stephen F. Young, on August 26, 1999, by certified mail.
3. Date of execution of the affidavit of consent required by Section 3301(c) of the
Divorce Code: by plaintiff on March 27, 2003; by defendant on March 27, 2003.
4. Related claims pending: No economic claims raised.
5. (a) Date plaintiffs Waiver of Notice March 27, 2003, and it is being
filed contemporaneously herewith.
(b) Date defendant's Waiver of Notice March 27, 2003, and it is being
filed contemporaneously herewith.
DATED: J-e?7'U3
of Counsel
BECKLEY & MADDEN
212 North Third Street
P.O. Box 11998
Harrisburg, PA 17108
(717)233-7691
Respectfully submitted,
i 4ethS.k
Attorney for Plaintiff
A
CERTIFICATE OF SERVICE
I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the
foregoing document was this day served upon the person and in the manner indicated
below.
SERVICE BY FIRST CLASS MAIL:
Andrea Eveler Stanley, Esquire
Eveler & Eveler
101 South Duke Street
York, PA 17043
DATED:
izq eth S. / ec c , (#qq?'
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CAROLE J. YOUNG, :IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
V. :CIVIL ACTION - LAW
JN DIVORCE
STEPHEN F. YOUNG, qG ??
Defendant :NO. 6-14
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 be entered against you by the Court. A judgment may also be
entered 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 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:
Office of the Prothonotary
Cumberland County Court House
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.
Court County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
CAROLE J. YOUNG, :1N THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
V. :CIVIL ACTION - LAW
JN DIVORCE
STEPHEN F. YOUNG,
Defendant :NO. 99 ?`/l3 (`
COMPLAINT
AND NOW comes the Plaintiff, Carole J. Young, who, by and through her
attorneys, Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and Beckley &
Madden, of Counsel, files this Complaint, in which she avers that:
1. Plaintiff, Carole J. Young, is an adult individual residing at 1321 Horick
Drive, Boiling Springs, Cumberland County, Pennsylvania.
2. Defendant, Stephen F. Young, is an adult individual residing at 424 W.
Main Street, Dallastown, York County, Pennsylvania.
3. Both parties have been bona fide residents of the Commonwealth of
Pennsylvania for at least six months immediately prior to the filing of this Complaint.
4. Plaintiff and Defendant were married on October 8, 1967, in Islip, New
York.
5. The parties have lived separate and apart since April 2, 1999.
6. There have been no prior actions in divorce or for annulment between the
parties.
7. The marriage is irretrievably broken.
8. Plaintiff has been advised of the availability of counseling and that
Plaintiff or Defendant has the right to request the Court to require the parties to
participate in such counseling.
COUNTI
REQUEST FOR A NO-FAULT DIVORCE
UNDER SECTIONS 3301(c) OR (d) OF THE DIVORCE CODE
9. The averments contained in Paragraphs 1 through 8 of this Complaint are
incorporated herein by reference as though set forth in full.
11. Plaintiffs marriage to Defendant is irretrievably broken.
12. Plaintiff has been advised that counseling is available and that she may
have the right to request that the Court require the parties to participate in counseling.
WHEREFORE, pursuant to 23 Pa.C.S.A. §§3301(c) or (d), Plaintiff, Carole J.
Young, respectfully requests the Court to enter a Decree of Divorce.
2
COUNT II
EQUITABLE DISTRIBUTION
13. The averments contained in Paragraphs 1 through 12 of this Complaint are
incorporated herein by reference as though set forth in full.
14. Plaintiff and Defendant have acquired property, both real and personal,
during the marriage which constitutes marital property subject to equitable distribution
under the Divorce Code.
15. Plaintiff and Defendant each owned, prior to the marriage, both real and
personal property which has increased in value during the marriage, and/or which has
been exchanged for other property which has increased in value during the marriage, all
of which property is marital property, subject to equitable distribution under the Divorce
Code.
16. Plaintiff and Defendant have been unable to agree as to an equitable
division of said property.
WHEREFORE, Plaintiff, Carole J. Young, respectfully requests the Court to
divide all marital property equitably between the parties.
3
COUNT III
REQUEST FOR ALIMONY
17. The averments contained in Paragraphs 1 through 16 of this Complaint are
incorporated herein by reference as though set forth in full.
18. Plaintiff lacks sufficient property to provide for her reasonable means and
is unable to support herself through appropriate employment.
19. Plaintiff requires reasonable support to adequately maintain herself in
accordance with the standard of living established during the marriage.
WHEREFORE, Plaintiff, Carole J. Young, respectfully requests the Court to enter
an award of alimony in her favor.
COUNT IV
ALIMONY PENDENTE LITE, COUNSEL FEES,
COSTS AND EXPENSES
20. The averments contained in Paragraphs 1 through 19 of this Complaint are
incorporated herein by reference as though set forth in full.
21. Plaintiff has employed counsel, but is unable to pay the necessary and
reasonable attorney's fees for said counsel.
22. Although Plaintiff is employed, she is unable to sustain herself during the
course of this litigation.
4
WHEREFORE, Plaintiff, Carole J. Young, respectfully requests the Court to enter
an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final
hearing and thereupon award such additional counsel fees, costs and expenses as deemed
appropriate.
DATED: Respectfully submitted,
of Counsel '
BECKLEY & MADDEN ? p =?
212 North Third Street Thonfa?s Beckley
P.O. Box 11998
Harrisburg, PA 17108
(717) 233-7691 ` i/ %/ yL l
Elizabeth S. Beckley
I, Carole J. Young, hereby verify that the statements made in the foregoing
document are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein are made subject to the penalties 18 Pa. C. S.
Section 4904, relating to unswom falsification to authorities.
DATED: C to c_ L '
Carole J. Young /
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CAROLE J. YOUNG,
Plaintiff
V.
STEPHEN F. YOUNG,
Defendant
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:CIVIL ACTION - LAW
:IN DIVORCE
:NO. 99-5113
AFFIDAVIT OF SERVICE
1, Elizabeth S. Beckley, being duly sworn according to law, do depose and say:
1. 1 am an adult individual over eighteen years of age.
2. I served the Divorce Complaint of Carole J. Young upon Stephen C. Young, at
424 W. Main Street, Dallastown, Pennsylvania, on August 26, 1999, by certified mail,
parcel number Z 187 543 380, return receipt requested. Attached hereto is the return
receipt (green card) signed on by the Defendant.
I swear that I have read the foregoing and that it is true to the best of my
knowledge, information and belief.
Sworn and subscribed to before me
this ZI day of % ( ^, 11LI; j 1999.
NClTAFiIAL , EqL
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li beth S. Beckley
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CAROLE J. YOUNG, :IN THE COURT OF COMMON PLEAS OF
Plaintiff' :CUMBERLAND COUNTY, PENNSYLVANIA
V. :CIVIL ACTION - LAW
: IN DIVORCE
STEPHEN F. YOUNG,
Defendant :NO. 99-5113
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was
filed on August 23, 1999.
2. The marriage of plainlilT and defendant is irretrievably broken and ninety
days have elapsed from the date of filing and service of the Complaint.
3. 1 consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
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.
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Dated.
Carole J. Young
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CAROLE J. YOUNG,
Plaintiff
V.
STEPHEN F. YOUNG,
Defendant
AN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:CIVIL ACTION - LAW
: IN DIVORCE
:NC. 99-5113
WAIVER 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. 1 understand that 1 may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy of the decree will be sent to me immediately after it is filed
with the prothonotary.
I verify that the statements made in this affidavit are true and correct. 1
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904 relating to unswom falsification to authorities.
Dated:
Carole J. Young
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CAROLE J. YOUNG
Plaintiff
vs.
STEPHEN F. YOUNG
Defendant
NO. 99-5113 CIVIL TERM
Action in Divorce
AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING
1, Stephen F. Young, being duly sworn according to law, depose and say:
1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on August 23, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of 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 understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees
or expenses has not been filed with the Court before an entry of a final decree in divorce, the
right to claim any of them will be lost.
5. I have been advised of the availability of marriage counseling and that I may request that the
Court require counseling. Being so advised, I do not request that the Court require that my spouse and I
engage in counseling prior to a Divorce Decree being handed down by the Court.
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: ) -11) ?-O
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D TN F. Y NG
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CAROLE J. YOUNG
PLAINTIFF
VS.
STEPHEN F. YOUNG
DEFENDANT
NO. 99-5113 CIVIL TERM
CIVIL ACTION - LAW
: ACTION IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§ 3301(c) AND § 3301(d) 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 I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court and that
a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification
to authorities.
DATE: ,2j a?-0 3 J, ?
STEP N F. Y
DEFENDANT
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CAROLE J. YOUNG,
Plaintiff
V.
STEPHEN F. YOUNG,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NO. 99-5113
PRAECIPE TO WITHDRAW EQUITABLE DISTRIBUTION, ALIMONY,
ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS
AND EXPENSES COUNTS
TO THE PROTHONOTARY:
Kindly withdraw the Equitable Distribution, Alimony and Alimony Pendente
Lite, Counsel Fees, Costs and Expenses Counts filed in the above-captioned action.
DATED: 3-d+--G_13
of Counsel
BECKLEY & MADDEN
212 North Third Street
P.O. Box 11998
Harrisburg, PA 17108
(717)233-7691
Respectfully submitted,
EI' beth S. Beckley
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the
foregoing document was this day served upon the person and in the manner indicated
below.
SERVICE BY FIRST CLASS MAIL:
Andrea Eveler Stanley, Esquire
Eveler & Eveler
101 South Duke Street
York, PA 17043
DATED: d Lg
Eli / th S. eckle 4skui/irs"/
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CAROLE J. YOUNG : NO. 99-5113
PLAINTIFF
VS.
: CIVIL ACITON -LAW
STEPHEN F. YOUNG
DEFENDANT : IN DIVORCE
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY
Please enter my appearance on behalf of the Defendant, Stephen F. Young.
L?L?? ?CLC? ??
ANDREA EVELER STANLEY, ESQUIRE
NO. 34347
EVELER & EVELER
101 SOUTH DUKE STREET
YORK, PA 17403
(717) 845-2757
C t c ?, 2002
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CAROLE J. YOUNG,
Plaintiff
V.
STEPHEN F. YOUNG,
Defendant
:IN THE COURT OF COMMON PLEAS OF
:YORK COUNTY, PENNSYLVANIA
:CIVIL ACTION - LAW
:N DIVORCE
:NO. 99-5113
PLAINTIFF CAROLE J. YOUNG'S OBJECTIONS TO PURGING
AND NOW comes the Plaintiff, Carole J. Young, who, by and through her
attorneys, Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and Beckley &
Madden, of Counsel, files these Objections to Purging, and in support thereof, avers as
follows:
1. During the period of docket inactivity in this matter, Plaintiff and
Defendant have been trying to negotiate a settlement in this matter.
2. To date, the parties have been unable to reach a settlement.
3. Defendant has retained Andrea Eveler Stanley, Esquire, as counsel in this
matter. Ms. Eveler Stanley filed her Praecipe for Entry of Appearance on September
30, 2002.
4. Counsel for Plaintiff has spoken with Ms. Eveler Stanley and she concurs
that this matter should not be purged.
5. Counsel for Plaintiff and Defendant are currently in the process of
exchanging information.
6. This matter has not previously been on the Purge List.
7. Defendant will suffer no prejudice if this matter is allowed to remain on
the docket of this Court. In fact, his counsel agrees that it should remain on the docket.
WHEREFORE, Plaintiff, Carole J. Young, respectfully requests this Court to
remove this case from the purge list so that the parties may pursue their claims against
one another.
DATED: IU ?(D'Oy
Respectfully submitted,
Of Counsel
BECKLEY & MADDEN
212 N. 3rd Street
P.O. Box 11998
Harrisburg, PA 17108
(717)233-7691
m . Bed, ey, Esquire
Elizay th S. Beckley, Es ire
Attorneys for Plaintiff
Carole J. Young
2
CERTIFICATE OF SERVICE
I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the
foregoing document was this day served upon the person and in the manner indicated
below.
SERVICE BY FIRST CLASS MAIL:
Andrea Eveler Stanley, Esquire
Eveler & Eveler
101 South Duke Street
York, PA 17403
DATED:
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CAROLE J. YOUNG, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
STEPHEN F. YOUNG,
Defendant No. 99-5113 CIVIL TERM
ORDER OF COURT
AND NOW, this 22nd day of October, 2002, it
appearing that docket activity has recently occurred in the
above-captioned case, the case is stricken from the purge
list, and shall remain open.
By the Court,
/Thomas A. Beckley Esquire
For the Plaintiff
/ Andrea Eveler Stanley, Esquire
For the Defendant
Court Administrator
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