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HomeMy WebLinkAbout03-3408F.\FILES\DATAFILE\Gmeral\ w n\s\8099-3. comtde Croae 7/16/03154PM Rersed 7/16/032.13PM DAVID A. YOUNT, Plaintiff V. JUDITH A. MORNINGSTAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 3W8 0 1 btu 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 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 at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 DAVID A. YOUNT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03- 3'16k JUDITH A. MORNINGSTAR, Defendant IN DIVORCE COMPLAINT Plaintiff is David A. Yount, who currently resides at 432 Candlewyck, Road, Camp Hill, PA 17013. Defendant is Judith A. Morningstar, who currently resides at 432 Candlewyck, Road, Camp Hill, PA 17013. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 28, 1995, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a decree of divorce. CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 9. Plaintiff and Defendant are the joint owners as tenants by the entireties of certain real estate which is subject to equitable distribution by this Court. 10. Plaintiff andDefendant arethe owners of various items ofpersonal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this Court. 11. Plaintiff and Defendant are the owners of various motor vehicles and bank accounts acquired during their marriage which are subject to equitable distribution by this Court. COUNT III CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 12. Plaintiff requests your Honorable Court to allow alimony as it deems reasonable pursuant to Section 3701 of the Pennsylvania Divorce Code. COUNT IV CLAIM FOR ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 13. Plaintiff requests your Honorable Court to allow her alimonypendentelite,reasonable counsel fees and expenses pursuant to Section 3702 of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; B. Equitably distributing all property owned by the parties hereto; C. Awarding alimony as the Court deems just and reasonable; D. Ordering payment of alimony pendente lite, counsel fees and expenses as the Court deems just and reasonable; and E. For such further relief as the Court may determine equitable and just. Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: July 16, 2003 Attorneys for Plaintiff MARTSON DEARDORFF WILLIAMS & OTTO U Va wt?. By W?+"Q is Thomas J. Willi s Es VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I maybe subject to criminal penalties. David A. Yount F.\RILES\DATAFILE\Grneral\Docu rc is\8079-I v I vl- S 2. S ? Q DAVID A. YOUNT, Plaintiff V. JUDITH A. MORNINGSTAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-946F Ct,d r-? IN CUSTODY PLAINTIFF'S COMPLAINT TO CONFIRM CUSTODY 1. Plaintiff is David A. Yount, an adult individual currently residing at 432 Candlewyck, Road, Camp Hill, PA 17013, Cumberland County, Pennsylvania. 2. Defendant is Judith A. Morningstar, an adult individual currently residing at 432 Candlewyck, Road, Camp Hill, PA 17013. 3. Plaintiff seeks custody of the child, Hannah E. Yount, who was born on May 20, 1997. The child was not born out of wedlock. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: Hannah has resided with the parties at the above address since birth. 4. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides with the following: Name Relationship Judith A. Morningstar Wife Rachel Yount Daughter Hannah Yount Daughter Ryan Kelly Step-son Derek Kelly Step-son 5. The relationship of the Defendant to the child is that of mother. The Defendant currently resides with the following: Name Relationship David A. Yount Husband Rachel Yount Step-daughter Hannah Yount Daughter Caitlin Kelly Daughter Ryan Kelly Son Derek Kelly Son 6. The parties have not participated in previous litigation concerning the custody of the child in this court or any court. 7. ThePlaintiffhas no informationof acustodyproceeding concerningthe childpending in any other court. 8. The best interest and permanent welfare of the child will be served by granting custody to Plaintiff because: He can best provide a stable and nurturing environment for his daughter. 9. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant him the Custody Order. Pending said hearing, Plaintiff requests temporary custody. MARTSON DEARDORFF WILLIAMS & OTTO Bye ??? Thomas J. Willi s, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: July 16, 2003 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I maybe subject to criminal penalties. /? David A. Yount F:\FILES\DATAFILE\G crODO.U .ts\80]9-L,a2 l!- ? ? <e ? e . -C o ? w ? -a O a h ? r. c c,_ <:, ,z, `. , rn ; _- G ? ?? i; `, _. c- _ n?. ;-, 4 .. ;.??? -? -' cn 'zi DAVID A. YOUNT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-3408 CIVIL ACTION LAW JUDITH A. MORNINGSTAR IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday July 23 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Hubert X. Gilroy, Esq. the conciliator, Friday, August 22, 2003 at 10:30 AM at 4th Floor Cumberland County Courthouse, Carlisle on 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, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X Gilroy. Dq Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE T1-1E 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 ep Co -ofz ??/-, F \FILES\DATAFILE\Gmerel\ Wcmmms\8079 3 divxe/rde Created 7/16/03 213PM Revised 7p3/03335PM 80]93 DAVID A. YOUNT, Plaintiff V. JUDITH A. MORNINGSTAR, Defendant IN THE COLRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3408 IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE AND ACCEPTANCE OF SERVICE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: I hereby enter my appearance on behalf of the Defendant, Judith A. Morningstar, in captioned action. I accept service of the Divorce Complaint and Custody Complaint and acknowledge receipt of a true copy of each. Diane M. Di 4Es re 1017 North Front Street Date: Harrisburg, PA 17102 (717) 233-8743 c_ -.r (7J t AECEIVEL JUL 31 2003 INA DVA/r F \FILES\DATAFILE\General\Current\8079.3.aftldavitwaiver/tde Created: 7/16/03 2:13PM Revised: 11/23/04 11 23AM 8079.3 Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID A. YOUNT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-3408 JUDITH A. MORNINGSTAR, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c),:)f the Divorce Code was filed on July 17, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. 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 unworn falsification to authorities. -71 Date: y DZI?.C/1 Ju A. Morningstar, Defen nt C7 ? cn (D r > N C u w Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID A. YOUNT, Plaintiff V. JUDITH A. MORNINGSTAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3408 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 ofproperty, 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 waiver 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: J2 7 O q 117./'1,1./) Judi A. Morningstar, Defends C`'1 ''`' - e? cry .?.; __ ?. -fir Y"'.-' ..,`. ?t - ? _ - ? _ -^_?i ? _'?_ '^.3?"? .?_. wGf ? ..+..3 .?` "? .atbdadtwaive?pleintiffhdc F\FILES1DATAP(LEtGenare Cu,en18079.3 80]9.3 Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID A. YOUNT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-3408 JUDITH A. MORNINGSTAR, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on July 17, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. 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: IZ13?S David A. Your, , laintiff n.? C_; "- ?" .. ; _ .e..._ .1 .... • i : ? ?, , . L,:> Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID A. YOUNT, Plaintiff V. JUDITH A. MORNINGSTAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3408 IN DIV ORC E WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301(d) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division ofproperty, 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 waiver are true and correct. I understand that false statements herein are made subject to the penalties 18 Pa. C.S. § 904 relating to unworn falsification to authorities. Date: V2 105 David A. Yourit aintiff ?, . , , , ' << - :. ? i": ? ? I F;IFILES\DAiAFILL?JTC -IIM741 my111.119 C?ctltW 01/191951209-]5 PM Rc,isW 1111 Q," 0131: 47 PM MARITAL SETTLEMENT AGREEMENT This Agreement, made this 7Y"" day of c ?1n? 2004, by and between DAVID A. YOUNT, of 13 West Shore Drive, Camp Hill, Cumberland County, Pennsylvania, (hereinafter referred to as "Husband") and JUDITH ANN MORNINGSTAR of (hereinafter referred to as "Wife"). WHEREAS, the parties hereto are Husband and W ife, having been married on May 28,1995, in Cumberland County, Pennsylvania, and are the parents of Hannah E. Yount, born May 20, 1997, and WHEREAS, difficulties have arisen between the parties as a result of which they separated on June 30, 2003, and now desire to continue to live separate and apart and by this Agreement, to settle all financial and property rights between them; and WHEREAS, this Agreement is being made pursuant to a divorce action filed in the Court of Common Pleas of Cumberland County; and WHEREAS, Husband and Wife declare that each has had full and fair opportunity to obtain independent legal advice of counsel of their selection, and that before signing this Agreement, each has either been fully advised by counsel of their rights and obligations under the law and this Agreement, or else have waived their right to legal advice. Each party hereby confirms that he or she has read carefully and fully understands the terms, conditions and provisions of this Agreement and believes same to be fair, just, adequate and reasonable under the existing facts and circumstances. The parties further declare that each is executing the Agreement freely and voluntarily, and not as a result of any fraud, coercion, duress, undue influence or collusion; and WHEREAS, Husband and Wife respectively acknowledge that before signing this Agreement they have been fully advised by their respective counsel of their rights and obligations, have read carefully and understand the terms of this Agreement, and have freely consented to this Agreement, believing it to be fair, just and equitable; and WHEREAS, Husband and Wife are satisfied that they understand the value and extent of all property which would be considered "marital property" under the Pennsylvania Divorce Reform Act, whether titled or owned separately or jointly as well as the value and extent of nonmarital property held or expected to be held by each other. NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth herein and intending to be legally bound hereby, the parties hereto do hereby agree as follows: 1. SEPARATION: Husband and Wife shall be free from constraint or control by the other as fully as if he or she were unmarried. Neither shall disturb, trouble and interfere in any way with the other or with any person for associating with the other. 2. RELEASE: Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted or suffered to be done by said other party prior to and including the date hereof, further, the parties acknowledge that all rights under the Pennsylvania Divorce Code that are not specifically incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any causes of action in absolute divorce which either party may have against the other. 3. DIVORCE: Both parties agree to conclude a no-fault divorce under Section 3301(c) of the Pennsylvania Divorce Code and, in connection therewith, to execute and acknowledge whatever consents or other documents that are necessary to accomplish this forthwith or as soon hereafter as permitted by applicable law. The terms of this Agreement shall be incorporated but not merged into any Divorce Decree which may be entered with respect to the parties, and the court shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions hereof. 4. DEBTS: Both parties agree that, in the future, neither shall cause or permit to be charged to or against the other any purchase or purchases which either of them may hereafter make and shall not hereafter create any engagements, debts or obligations in the name of or against each other. Except as specifically provided herein, each agrees to hold the other free and harmless from any and all debts and other obligations which he or she may have incurred since the date of the separation and agrees to indemnify and defend the other party from any claim regarding same. 5. PERSONAL PROPERTY: A. AUTOMOBILES: Title to the 1983 Porsche currently titled jointly shall be transferred into Husband's name. Husband shall be solely responsible for any debts pertaining to said vehicle and shall indemnify, defend and hold Wife harmless from any claim with respect thereto. B. OTHER PERSONAL PROPERTY: Except as stated below, the parties have heretofore divided the property, both real and personal, which they owned either together or separately and such division and apportionment is hereby confirmed. 6. MARITAL RESIDENCE: The marital residence titled jointly in the names of both parties at 432 Candlewyck Road, Camp Hill, Cumberland County, Pennsylvania 17011, was sold on May 21, 2004. The net proceeds of that sale were $37,509.67, which proceeds are currently being held in escrow by Thomas J. Williams, Esquire. The parties hereby direct the said escrow agent to pay the sum of $23,754.84 plus pro rated interest, if any, to Husband, and the sum of $13,754.84, plus pro rated interest, if any, to Wife. 7. SUNTRUST SECURITIES. INC.: Wife is the owner of a retirement plan under IRC Section 401 (K) with SimTrust Securities, Inc. from her former employer with Root Communications, Inc., Account Number 063-71568. The parties will jointly petition for a Qualified Domestic Relations Order issued from the Cumberland 3 County Court directing that $27,490.72 from that account be transferred to Husband. It is the intent of the parties that the QDRO and transfer be completed as soon as possible, and both parties agree to cooperate in all respects to accomplish a speedy transfer. Any cost associated with the preparation of the QDRO will be borne by Husband. 8. CUSTODY OF CHILDREN: The parties hereby agree to share legal custody of their daughter, Hannah E. Yount. All decisions affecting Hannah's growth and development, including, but not limited to: choice of day care provider; medical and dental treatment; education, both secular and religious; disciplinary matters of a substantial nature; athletic pursuits and extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in Hannah's best interest. Each party agrees to keep the other informed of the progress of Hannah's education and social adjustments. Each party agrees not to impair the other party's right to share legal custody of Hannah. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of Hannah. While in the presence of Hannah, neither parent shall make or permit any other person to make any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom Hannah shall respect and love. It shall be the obligation of each parent to make Hannah available to the other during the respective periods ofphysical custody and to encourage Hannah to participate in the physical custody schedule. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. The parties shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical 4 custody schedule which may, from time to time, become necessary and shall specifically not use Hannah as a messenger. Furthermore, neither parent shall discuss with Hannah any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter with the other parent. With regard to any emergency decisions which must be made, the parent with whom Hannah is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, the parent shall inform the other of the emergency and consult with him/her as soon as possible. Day to day decisions of a routine nature will be the responsibility of the parent having physical custody at the time. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. Wife's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events. However, it will be Husband's primary responsibility to provide Wife with copies of report cards and all notifications of school conferences and events. Neither parent shall schedule activities or appointments for Hannah which would require her attendance or participation at said activity or appointment during a time when she is scheduled to be in the physical custody of the other parent without that parent's expressed prior approval. The parents shall share physical custody of Hannah. Father shall have primary physical custody of Hannah. Mother shall have liberal, partial physical custody according to a schedule to be agreed upon by the parties and which shall be consistent with the best interests and welfare of Hannah. Both parties recognize and acknowledge the importance of maintaining a close and warm relationship with Hannah, and to that end, Husband will encourage Hannah to attend Wife's periods of physical custody. Each party agrees not to impair the other's right to shared legal or physical custody of Hannah. 9. ENFORCEMENT: If either party defaults in the due performance of any of the terms, conditions and covenants of this Agreement on his or her part to be performed, the non-defaulting party shall have the right to sue for specific performance or damages for the breach of this Agreement, and the defaulting party shall pay the reasonable legal fees for any services rendered by pension the non-defaulting party's attorney in any action or proceeding to compel the defaulting party's due performance hereunder as well as costs for bringing the action or proceeding. If either party challenges the validity of this Agreement and the challenge is not successful, the challenging party shall similarly reimburse the defending party for all expenses and losses incurred in the defense. 10. ALIMONY AND SUPPORT: Except as otherwise provided herein, both parties hereby waive, release and give up any rights which either may have against the other to receive spousal support, alimony, alimony pendente lite, or expenses. From the execution date of this Agreement, it shall be the sole responsibility of each party to sustain himself or herself without seeking any economic support from the other. 11. EXECUTION OF DOCUMENTS: The parties agree to execute all documents that are reasonably necessary to effectuate the purpose of this Agreement. In the event that either party shall refuse or fail to execute and/or acknowledge any such document, then the other party shall have, and is hereby granted, the right and power to appoint one or more times any person or persons of his or her choosing as attorney-in-fact for the other party to so execute and acknowledge such documents. 12. MEDICAL INSURANCE: Husband shall continue to provide medical insurance coverage for his children such as is presently maintained by him through his employer for so long as this is available at no cost to Husband. Any medical expenses for the children that are not covered by medical insurance shall be paid half by Husband and half by Wife. Husband and Wife shall each be responsible for their own medical expenses, 13. CONTRACT INTERPRETATION: For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. 14, AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which is or has been acquired by him or her after the date of separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 15. ADDRESS AND TELEPHONE NUMBER OF PARTIES: As long as any obligations remain to be performed pursuant to the provisions of this Agreement, each party shall have the affirmative obligation to keep the other informed of his or her residence address and telephone number, and shall promptlynotify the other in writing of any change of address by giving the new residence address and telephone number. 16. MISCELLANEOUS: A. This Agreement constitutes the entire agreement between the parties, being the final and complete settlement of all matters between them and supersedes any prior written or oral agreements between them respecting the within subject matter. There are no representations, agreements, arrangements or understandings, oral or written, between and among the parties hereto relating to the subject matter of this Agreement which are not fully expressed herein. B. This Agreement may not be amended, modified, altered or revoked except in writing executed by both the parties hereto. C. This Agreement maynotbe assigned by either party without the prior written consent of the other party. 7 D. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original for all purposes, and all of which together shall constitute one and the same instrument. E. This Agreement shall be binding upon the parties hereto, their heirs, executors, administrators and assigns. F. This Agreement shall be interpreted under the laws of the Commonwealth of Pennsylvania in effect as of the execution date of this Agreement. G. Jurisdiction over the parties with regard to anymatter covered by this Agreement shall be in Cumberland County, Pennsylvania. Any reference herein to a court shall be deemed a reference to the Court of Common Pleas of Cumberland County, Pennsylvania. H. The failure to strictly enforce any part of this Agreement shall not be deemed a waiver thereof, and a waiver of any part of this Agreement shall not be deemed a waiver of any other part of this Agreement. 1. All payments or communications pertaining to matters provided for in this Agreement may be made or given if delivered or mailed to a party, at such address as either party shall designate to the other in writing from time to time, or, if no such designation is made, then to the address as set forth above. J. Titles are for convenience and ease of reference only and are not to be considered part of the Agreement for purposes of interpretation. K. The term of this Agreement shall continue indefinitely from the effective date hereof and shall, to the extent possible, survive any future reconciliation of the parties unless they specifically provide otherwise in writing. 8 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written, intending to be legally bound hereby. WITNESS -r",.4 UUA, Cis COMMONWEALTH OF PENNSYLVANIA ) :SS COUNTY OF On this, the /$ ?/Lday of c? ? 7 ?? before me, the undersigned officer, personally appeared David A. Yount, kno 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 purposes therein contained. IN WITNESS WHEREOF, I hereunto set my h and official seal. (SEAL) NOTARIAL SEAL VICTORIA L. OTTO NOTARY PUBLIC MCARLISLE ISSIOfI E%P RMBER ES DEC 2 2006 COMMONWEALTH OF PENNSYLVANIA ) :SS COUNTY OF ) On this, the7t?6 day of becember may, before me, the undersigned officer, personally appeared Judith A. Morningstar, known tome (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) ih§a?Yim'i°'woNm"°me?ir' 7ae,2013 10 ? "? ??? wut rs? T C? .-# '(!? ' 1 i.. X1 :3"1 -ri)il CA ?{C?l <' l ? C rsi iS - z ? ? ... A r _. (J'1 PoFILESVDATAFILE%General%DOnanenrs180]9-3 diva,/tde Created 7/16/032'. 13PM Revised 7/23/03335PM 80]9 r DAVID A. YOUNT, Plaintiff V. JUDITH A. MORNINGSTAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3408 IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE AND ACCEPTANCE OF SERVICE TO THE PROTHONOTARY OF CUMBERLAND COUNTY I hereby enter my appearance on behalf of the Defendant, Judith A. Morningstar, in captioned action. I accept service of the Divorce Complaint and Custody Complaint and acknowledge receipt of a true copy of each. Diane M. Dils, Esq ire 1017 North Front Street Harrisburg, PA 17102 (717) 233-8743 Date: ?9?1?? C- iECEIVEL JUL 31 203 Nnp1Nr F\FILES\DATAFILE\Genecal\CuiT nt\8079 J.p aecipc/Ide Created. 7116/03 2'. 13PM Revised. 1/25105 9:54AM 80793 Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID A. YOUNT, Plaintiff V. JUDITH A. MORNINGSTAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3408 IN DIVORCE 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. Code. 2. July 29, 2003. 3. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Date and manner of service of the complaint: Attorney Acceptance of Service dated Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; January 13, 2005; by the Defendant; December 7, 2004. 4. Related claims pending: All claims raised have been settled by the Marital Settlement Agreement dated December 7, 2004. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: January 19, 2005. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: January 6, 2005. MARTSON DEARDORFF WILLIAMS & OTTO By -r / rV Thomas J. Wi iams, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: January 25, 2005 Attorneys for Plaintiff c r? fll C7 ,! r. - ..? .r s (? ` `7l IN THE COURT OF COMMON PLEAS DAVID A. YOUNT N 0. 03-3408 VERSUS JUDITH A. MORNINGSTAR DECREE IN DIVORCE J??+ Cam. j/,'.U A•M. AND NOW, I 20r T IS ORDERED AND v-- ' DECREED THAT DAVID A. YOUNT PLAINTIFF, AND JUDITH A. MORNINGSTAR 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 Marital Settlement Agreement dated December 7. 2004, is incorporated ATTEST: J ?"? PROTHONOTARY OF CUMBERLAND COUNTY STATE OF PENNA. v. JOHN F. KING LAW, P.C. John F. King, Esquire ID #61919 19 S. Hanover Street Suite 103 Carlisle, PA 17013 Tel.: (717) 258-4343/Fax: (717) 422-5526 DAVID A. YOUNT Plaintiff V. JUDITH A. MORNINGSTAR, Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3408 CIVIL ACTION - LAW CUSTODY/VISITATION PETITION FOR MODIFICATION OF A CUSTODY ORDER 1. The Petitioner is Judith A. Morningstar, Defendant in the above-captioned action, and Mother of the minor child, with a current address of 421 Mt. Royall Drive, Mt. Pleasant, SC 29464. 2. The Respondent is David A. Yount, Plaintiff in the above-captioned action, and Father of the minor child, with a current address of 432 Candlewyck Road, Camp Hill, PA 17013, Cumberland County, Pennsylvania. 3 The Petition of Mother respectfully represents that on the 2nd day of February, 2005, a Decree in Divorce was entered, which Decree incorporated a Marital Settlement Agreement dated December 7, 2004, which Agreement included terms for the custody and visitation of the subject minor child, Hannah E. Yount, DOB: April 20, 1998, a true and correct copy of which is attached hereto and marked as Exhibit "A". 4. This Order should be modified because: A. There is a disturbing pattern of care and non-care from Father with the child, such as: (i) Father has not been taking the child to her regular orthodontic appointments, nor is he paying his portion of the bills for such treatment, contrary to the agreement between Mother and Father; (ii) There are animals in Father's home, resulting in tick and other insect infestations; (iii) The Child has numerous tardys at school; (iv) Father has allowed lapses in dental care for the child; (v) The child has not had a doctor, nor received routine medical care, since Father has had primary physical custody. B. Father is working a full time and part time job, which prevents him from spending adequate nurturing time with the child. C. Mother's employment allows her great flexibility to accommodate the necessities of the child's school and activities, whereas Father's does not. 2 D. Mother can provide the child with a stable home and the appropriate love, nurturance and support necessary for her growth and development. E. Father has failed and refused and continues to fail and refuse to have any discussions or consultations with Mother regarding the child's growth and development, contrary to the terms of the shared legal custody between the parties. F. Father and has failed and refused and continues to fail and refuse to keep Mother informed of the progress of the minor child's education and social adjustments, contrary to the terms of the shared legal custody between the parties. G. Father has failed and refused and continues to fail and refuse to provide Mother with copies of report cards and all notifications of school conferences and events, contrary to the terms of the shared legal custody between the parties. The Honorable Edward E. Guido signed the Divorce Decree which incorporates a Marital Settlement Agreement, which includes a custody agreement. WHEREFORE, Petitioner/Mother requests that the Court modify the existing Agreement for custody and visitation by granting Petitioner/Mother primary physical custody, with periods of partial visitation granted to Respondent/Father. Date: June, 2009 submitted, 1G lAw'l- 'John F. King, Esquire 19 S. Hanover Street Suite 103 Carlisle, PA 17013 (717) 258-4343 VERIFICATION I, Judith Morningstar, hereby acknowledge that I am the Petitioner in the foregoing action; that I have read the foregoing Petition for Modification of a Custody Order; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. ` Q Date: ell? J d' Morningstar EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DAVID A. YOUNT No. 3408 VERSUS JUDITH A. MORNINGSTAR DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT DAVID A. YOUNT , PLAINTIFF, AND _ JUDITB A NQUINGSTARR , 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; ATTEST: ^ J . PROTHONOTARY I/.IFV3'OATAF4L?Qosli[ 1?`{ h •? /;VX{/ a`? 01; low t1q.1'1M/ V 3 1,,100'1 11.q .1FU MARITAL SETTLEMENT AGREEMENT This Agreement, made this 1- day of La- _. J. , 2004, by and between DAVID A. YOUNT, of 13 West Shore Drive, Camp Hill, Cumberland County, Pennsylvania, (hereinafter referred to as "Husband') and JUDITH ANN MORNINGSTAR of (hereinafter referred to as "Wife'. WHEREAS, the parties hereto are Husband and Wife, having been married on May 28,1995, in Cumberland County, Pennsylvania, and are the parents of Hannah E. Yount, bom May 20,1997, and WHEREAS, difficulties have arisen between the parties as a result of which they separated on June 30, 2003, and now desire to continue to live separate and apart and by this Agreement, to settle all financial and property rights between them; and WHEREAS, this Agreement is being made pursuant to a divorce action filed in the Court of Common Pleas of Cumberland County and WHEREAS, Husband and Wife declare that each has had full and fair opportunity to obtain independent legal advice of counsel of their selection, and that before signing this Agreement, each has either been fully advised by counsel of their rights and obligations under the law and this Agreement, or else have waived their right to legal advice. Each party hereby confirms that he or she has read carefully and fully understands the terms, conditions and provisions of this Agreement and believes same to be fair, just, adequate and reasonable under the existing facts and circumstances. The parties further declare that each is executing the Agreement freely and voluntarily, and not as a result of any fraud, coercion, duress, undue influence or collusion; and WHEREAS, Husband and Wife respectively acknowledge that before signing this Agreement they have been fully advised by their respective counsel of their rights and obligations, have read carefully and understand the terms of this Agreement, and have freely consented to this Agreement, believing it to be fair, just and equitable; and WHEREAS, Husband and Wife are satisfied that they understand the value and extent of all propertywhich would be considered "marital property" under the Pennsylvania Divorce Reform Act, whether titled or owned separately or jointly as well as the value and extent of nonmarital property held or expected to be held by each other. NOW, THEREFORE, in consideration of the mutual promises and undertalangs set forth herein and intending to be legally bound hereby, the parties hereto do hereby agree as follows: sU Husband and Wife shall be free from constraint or control by the other as fully as if he or she were unmarried. Neither shall disturb, trouble and interfere in any way with the other or with any person for associating with the other. 2. RELEASE: Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity, ofwhatsoever kind or nature, for or because of any matter or thing done, admitted or suffered to be done by said other party prior to and including the date hereof, further, the parties acknowledge that all rights under the Pennsylvania Divorce Code that are not specifically incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any causes of action in absolute divorce which either party may have against the other. 3. DIVORCE: Both parties agree to conclude a no-fault divorce under Section 3301(c) ofthe Pennsylvania Divorce Code and, in connection therewith, to execute and aelmowledge whatever consents or other documents that are necessary to accomplish this forthwith or as soon hereafter as permitted by applicable law. The terms of this Agreement shall be incorporated but not merged into any Divorce Decree which may be entered with respect to the parties, and the court shall retain continuing jurisdiction over the parties and the subject matter ofthis Agreement for the purpose ofenforcement of any of the provisions hereof. 2 4. DEBTS: Both parties agree that, in the future, neither shall cause or permit to be charged to or against the other any purchase or purchases which either of them may hereafter make and shall not hereafter create any engagements, debts or obligations in the name of or against each other. Except as specifically provided herein, each agrees to hold the other frce and harmless from any and all debts and other obligations which he or she may have incurred since the date of the separation and agrees to indemnify and defend the other party from any claim regarding same. 5. PERSONAL PROPEL: A. AUTOMOBILES: Title to the 1983 Porsche currently titled jointly shall be transferred into Husband's name. Husband shall be solely responsible for any debts pertaining to said vehicle and shall indemnify, defend and hold Wife harmless from any claim with respect thereto. B. OTHER PERSONAL PRQgERTY: Except as stated below, the parties have heretofore divided the property, both real and personal, which they owned either together or separately and such division and apportionment is hereby confirmed. 6. MARML RESIDENCE: The marital residence titled jointly in the names of both parties at 432 Candlewyck Road, Camp Hill, Cumberland County, Pennsylvania 17011, was sold on May 21, 2004. The net proceeds of that sale were $37,509.67, which proceeds are currently being held in escrow by Thomas J. Williams, Esquire. The parties hereby direct the said escrow agent to pay the sum of $23,754.84 plus pro rated interest, if any, to Husband, and the sum of 513,754.84, plus pro rated interest, if any, to Wife. 7. SUNTRUST SECURITIES. ETC: Wife is the owner of a retirement plan under IRC Section 401(K) with SunTrust Securities, Inc. from her former employer with Root Communications, Inc., Account Number 063-71568. The parties will jointly petition for a Qualified Domestic Relations Order issued from the Cumberland 3 County court directing that $27,490.72 from that account be transferred to Husband. It is the intent of the parties that the QDRO and transfer be completed as soon as possible, and both parties agree to cooperate in all respects to accomplish a speedy transfer. Any cost associated with the preparation of the QDRO will be borne by Husband. 8. CUSTODY OF CHILDREN: The parties hereby agree to share legal custody of their daughter, Hannah E. Yount. All decisions affecting Hannah's growth and development, including, but not limited to: choice of day care provider, medical and dental treatment; education, both secular and religious; disciplinary matters of a substantial nature; athletic pursuits and extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in Hannah's best interest. Each party agrees to keep the other informed of the progress of Hannah's education and social adjustments. Each party agrees not to impair the other party's right to share legal custody of Hannah. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of Hannah. While in the presence of Hannah, neither parent shall make or permit any other person to make any remmiks or do anything which could in any -way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom Hannah shall respect and love. It shall be the obligation of each parent to make Hannah available to the other during the respective periods of physical custody and to encourage Hannah to participate in the physical custody schedule. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. The parties shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical 4 custody schedule which may, from time to time, become necessary and shall specifically not use Hannah as a messenger. Furthermore, neither parent shall discuss with Hannah any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter with the other parent. With regard to any emergency decisions which must be made, the parent with whom Hannah is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, the parent shall inform the other of the emergency and consult with him/her as soon as possible. Day to day decisions of a routine nature will be the responsibility of the parent having physical custody at the time. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. Wife's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency, and to be notified regarding school events. However, it will be Husband's primary responsibility to provide Wife with copies of report cards and all notifications of school conferences and events. Neither parent shall schedule activities or appointments for Hannah which would require her attendance or participation at said activity or appointment during a time when she is scheduled to be in the physical custody of the other parent without that parent's expressed prior approval. The parents shall share physical custody of Hannah. Father shall have primary physical custody of Hannah. Mother shall have liberal, partial physical custody according to a schedule to be agreed upon by the parties and which shall be consistent with the best interests and welfare of Hannah. Both parties recognize and acknowledge the importance of maintaining a close and warm relationship with Hannah, and to that end, Husband will encourage Hannah to attend Wife's periods of physical custody. Each party agrees not to impair the other's right to shared legal or physical custody of Hannah. 5 MF : 9. ]ENFORCE If either party defaults in the due performance of any of the tenor, conditions and covenants of this Agreement on his or her part to be performed, the non-defaulting party shall have the right to sue for specific performance or damages for the breach of this Agreement, and the defaulting party shall pay the reasonable legal fees for any services rendered by pension the non-defaulting party's attorney in any action or proceeding to compel the defaulting party's due performance hereunder as well as costs for bringing the action or proceeding. If either party challenges the validity of this Agreement and the challenge is not successful, the challenging party shall similarly reimburse the defending party for all expenses and losses incurred in the defense. 10. ALIMONY AND SUPPORT: Except as otherwise provided herein, both parties hereby waive, release and give up any rights which either may have against the other to receive spousal support, alimony, alimony pendente lite, or expenses. From the execution date of this Agreement, it shall be the sole responsibility of each party to sustain himself or herself without seeking any economic support from the other. 11. EXECUTION OF DOCUMENTS: The parties agree to execute all documents that are reasonably necessary to effectuate the purpose of this Agreement. In the event that either party shall refuse or fail to execute and/or acknowledge any such document, then the other party shall have, and is hereby granted, the right and power to appoint one or more times any person or persons of his or her choosing as attorney-in-fact for the other party to so execute and acknowledge such documents. 12. MEDICAL INSUR,MCE: Husband shall continue to provide medical insurance coverage for his children such as is presently maintained by him through his employer for so long as this is available at no cost to Husband. Any medical expenses for the children that are not covered by medical insurance shall be paid half by Husband and half by Wife. Husband and Wife shall each be responsible for their own medical expenses. 6 13. CONTRACT INTERPRE ATI N: For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. 14. AFTER•ACOUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which is or has been acquired by him or her after the date of separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 15. ADJMSS AND TEL•EMONE NUMBER OF ARTIES: As long as any obligations remain to be performed pursuant to the provisions of this Agreement, each party shall have the affirmative obligation to keep the other informed of his or her residence address and telephone number, and shall promptly notify the other in writing of any change of address by giving the new residence address and telephone number. 16. MISCELLANEOUS: A. This Agreement constitutes the entire agreement between the parties, being the final and complete settlement of all matters between them and supersedes any prior written or oral agreements between them respecting the within subject matter. There are no representations, agreements, arrangements or understandings, oral or written, between and among the parties hereto relating to the subject matter of this Agreement which are not fully expressed herein. B. This Agreement may not be amended, modified, altered or revoked except in writing executed by both the parties hereto. C. This Agreement maynot be assigned by eitherparty without the prior written consent of the other party. 7 D. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original for all purposes, and all of which together shall constitute one and the same instrument. E. This Agreement shall be binding upon the parties hereto, their heirs, executors, administrators and assigns. F. This Agreement shall be interpreted under the laws of the Commonwealth of Pennsylvania in effect as of the execution date of this Agreement. G. Jurisdiction over the parties with regard to any matter covered bythis Agreement shall be in Cumberland County, Pennsylvania. Any reference herein to a court shall be deemed a reference to the Court of Common Pleas of Cumberland County, Pennsylvania. H. The failure to strictly enforce arty part of this Agreement shall not be deemed a waiver thereof, and a waiver of any part of this Agreement shall not be deemed a waiver of any other part of this Agreement. 1. All payments or communicationspertaining to matters provided for in this Agreement may be made or given if delivered or mailed to a party, at such address as either party shall designate to the other in writing from time to time, or, if no such designation is made, then to the address as set forth above. J. Titles are for convenience and use of reference only and are not to be considered part of the Agreement for purposes of interpretation. K. The term of this Agreement shall continue indefinitely from the effective date hereof and shall, to the extent possible, survive any future reconciliation of the parties unless they specifically provide otherwise in writing. 8 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written, intending to be legally bound hereby. WITNESS: COMMONWEALTH OF PENNSYLVANIA ) ? ff ,( :SS COUNTY OF On this, the /$ Ofty o milt efare me, the undersigned officer, personally appeared David A. Yount, knowli to me (or sstisthctorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the some for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my harAi6d official seal. (SEAL) IWO YICfORNI L N , MOTAIt?.PUBt? CAAI qLE ?D MBEA<1Y? COI m COMMONWEALTH OF PENNSYLVANIA ) :SS COUNTY OF On this, the 7t6 day of Dawnber 2?4 f. before me, the undersigned officer, personally appeared Judith A. Morningstar, known to me (or satiafaetorilyproven) to be the person whose narne is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) as 10 _w. CFTFi= 2003 JITA I I Pill 3, 11 ?UN „?..yl d.i Y 1` f DAVID A. YOUNT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JUDITH A. MORNINGSTAR DEFENDANT 2003-3408 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, June 19, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, July 22, 2009 at 2:30 PM 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. 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, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ John J. Mangan, r., Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE 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 ?^ t a i j T Hi 2009 JJ. ?I AUG 1 12009 DAVID A. YOUNT V. 61 J IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA JUDITH A. MORNINGSTAR Defendant : No. 03-3408 Civil Term : ACTION IN CUSTODY Prior Judge: Edward E. Guido, J. COURT ORDER AND NOW, this l l day of August 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. This Order is entered pursuant to a Custod Conciliation Conf ence. A Custody Hearingis hereby scheduled on the day of 009 at •am/IkX in Courtroom number 3 in the Cum erland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 2. All prior Orders of Court entered in this matter are hereby VACATED and replaced with this Order. 3. Legal custody: The Mother, Judith Morningstar, and the Father, David Yount shall have shared legal custody of Hannah E. Yount, born 04/20/1998. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child 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. 4. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's physical custody as follows: a. Mother shall have physical custody of Hannah for Thanksgiving from Wednesday, the day before Thanksgiving, until Monday following Thanksgiving. b. Mother shall have physical custody of Hannah for Christmas from the day after school lets out until the day before school resumes. C. Mother shall have physical custody of Hannah for the summer from one week after school lets out until one week before school begins. d. Mother shall have physical custody of Hannah for Easter break from the day after school lets out until the day before school resumes. e. Hannah shall remain in Father's school district absent mutual agreement or further Order of Court. f. Mother has agreed, and shall, provide for the transportation obligations between Pennsylvania and South Carolina. Mother shall endeavor, and make her best attempts, to have Hannah fly to and from Harrisburg International Airport. However, if that is not feasible, Father has agreed, and shall, to transport Hannah for four (4) periods of Mother's physical custody per year (eight times picking up and dropping off Hannah) at either Philadelphia or Baltimore (BWI) airports. 5. Neither party shall smoke in confined places, including but not limited to their respective houses or vehicles, while Hannah is in their custody. 6. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 7. Holidays: The parents shall arrange a holiday schedule as mutually agreed. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 9. Neither parent shall discuss custodial litigation issues with Hannah nor attempt to influence the Child in regard to the same. 10. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. J. Distribution: rng, Esq. omas Williams, Esq. o?'b& J. Mangan, Esq. DAVID A. YOUNT IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JUDITH A. MORNINGSTAR No. 03-3408 Civil Term Defendant : ACTION IN CUSTODY Prior Judge: Edward E. Guido, J. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Hannah E. Yount 04/20/1998 Primary Father 2. A Conciliation Conference was held on July 22, 2009 with the following individuals participating: The Mother, Judith Morningstar, with her counsel, John King, Esq. The Father, David Yount, with his counsel, Thomas Williams, Esq. 3. Mother's position on custody is as follows: Mother currently lives in South Carolina. Mother moved there about four years ago. Currently Mother gets to see Hannah every Thanksgiving break, Christmas break, spring break, and ten weeks in the summer. Mother has concerns about the Child's hygiene, missed medical appointments, medical/dental care and school attendance. Mother also has concerns about individuals smoking in Father's residence. Mother would like Hannah to live primarily to South Carolina with her. Mother maintains that Hannah also desires to live with her. Mother indicates that Father works quite a bit and that her employment as a consultant allows her to spend a lot of time with Hannah. 4. Father's position on custody is as follows: Father would like the status quo to remain in place with Hannah primarily living with him. Father maintains that he offers Hannah a stable loving home and that Hannah has extensive family in this area. Father maintains that Hannah does not have any school problems and that Hannah is always supervised by appropriate individuals when he is not able to watch Hannah. Father maintains that Hannah has received all appropriate medical/dental care. Father would like some additional time over the summer to take Hannah on vacation and to have more time to prepare Hannah for school. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: John J gan, Esq ' e Cust y Conciliator FLT' M1 22,^U9 r;ly 12 h'611 U, F.'FILES\Clients\8079 Yount\8079.3. motioncont/tde Revised 8/25/090.56PM 8079 3 Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID A. YOUNT, Plaintiff V. JUDITH A. MORNINGSTAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3408 IN CUSTODY FATHER'S MOTION FOR CONTINUANCE AND NOW, comes Plaintiff, David A. Yount, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and moves the Court for a continuance of the Custody Hearing scheduled for September 15, 2009, averring as follows: A hearing in this matter is scheduled for Tuesday, September 15, 2009. A copy of the Scheduling Order is attached as Exhibit "A." 2. Father's counsel, Thomas J. Williams, Esquire, recently injured his right arm (torn biceps tendon), as a result of which he is scheduled to undergo reconstructive surgery by Allen Mira, M.D., on September 11, 2009, following which his right (dominant) arm will be immobilized for about three weeks, making it impractical for him to attend said hearing. 3. John F. King, Esquire, counsel for Mother, Judith A. Morningstar, was contacted and stated that he has no objection to the continuance. 4. The Honorable Edward E. Guido has issued Orders in this matter. WHEREFORE, Father, David A. Yount, respectfully requests Your Honorable Court to reschedule the hearing for a date after the month of September, 2009. Respectfully submitted, MARTSON LAW OFFICES By 'r 400K #4 9 "wA.. Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: August !? 2009 Attorneys for Plaintiff RfC CLfD PAPER a PECYCL ABLE AUG , 1 2009 in DAVID A. YOUNT IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 03-3408 Civil Term JUDITH A. MORNINGSTAR Defendant Prior Judge: Edward E. Guido, J. : ACTION IN CUSTODY COURT ORDER AND NOW, this day of August 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. This Order is entered pursuant to a Custody Concili 'on Conference. A Custody Hearing is hereby scheduled on the OT-k day o t 2009 at q ?30 am/pu in Courtroom number ? in the Cum erland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 2. All prior Orders of Court entered in this matter are hereby VACATED and replaced with this Order. 3. Legal custody: The Mother, Judith Morningstar, and the Father, David Yount shall have shared legal custody of Hannah E. Yount, born 04/20/1998. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child 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. Exhibit "A" 4. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's physical custody as follows: a. Mother shall have physical custody of Hannah for Thanksgiving from Wednesday, the day before Thanksgiving, until Monday following Thanksgiving. b. Mother shall have physical custody of Hannah for Christmas from the day after school lets out until the day before school resumes. C. Mother shall have physical custody of Hannah for the summer from one week after school lets out until one week before school begins. d. Mother shall have physical custody of Hannah for Easter break from the day after school lets out until the day before school resumes. e. Hannah shall remain in Father's school district absent mutual agreement or further Order of Court. f. Mother has agreed, and shall, provide for the transportation obligations between Pennsylvania and South Carolina. Mother shall endeavor, and make her best attempts, to have Hannah fly to and from Harrisburg International Airport. However, if that is not feasible, Father has agreed, and shall, to transport Hannah for four (4) periods of Mother's physical custody per year (eight times picking up and dropping off Hannah) at either Philadelphia or Baltimore (BWI) airports. 5. Neither party shall smoke in confined places, including but not limited to their respective houses or vehicles, while Hannah is in their custody. 6. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 7. Holidays: The parents shall arrange a holiday schedule as mutually agreed. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 9. Neither parent shall discuss custodial litigation issues with Hannah nor attempt to influence the Child in regard to the same. 10. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, 10 ).5/ W'j' J. Distribution: John King, Esq. Thomas Williams, Esq. John J. Mangan, Esq. TRU1 C;pPY FROM R ?y in 1 bal"I whe ' 1 Mi&I Car. P?^ a 4^e VERIFICATION Thomas J. Williams, Esquire, of the firm of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for Plaintiff in the within action, certifies that the statements made in the foregoing Motion for Continuance are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Thomas J. Wilms, Esquire CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Motion for Continuance was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: John F. King, Esquire John F. King Law, PC 19 South Hanover Street, Suite 103 Carlisle, PA 17013 MARTSON LAW OFFICES y B Qom( Melissa A. Scholly Ten East High Street J Carlisle, PA 17013 (717) 243-3341 Dated: August 25, 2009 -TARY 29 9,019 A U C 25 FX 2: 01 cu _ 1,1', DAVID A. YOUNT V. IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3408 JUDITH A. MORNINGSTAR, Defendant CIVIL ACTION - LAW CUSTODYNISITATION DEFENDANT'S MOTION FOR CONTINUANCE AND NOW, comes Defendant, Judith A. Morningstar, by and through her attorney, John F. King, Esq., and moves the Court for a continuance of the Custody Hearing which was rescheduled from September 15, 2009, to October 16, 2009, at 9:30 AM, averring as follows: 1. A hearing in this matter was scheduled for Tuesday, September 15, 2009. A copy of the Scheduling Order is attached as Exhibit "A". 2. On August 25, 2009, Plaintiff s counsel, Thomas J. Williams, Esquire, moved for a continuance of the Custody Hearing due to the fact he was having surgery. 3. On August 27, 2009, the Honorable Edward E. Guido issued an Order rescheduling the Hearing to October 16, 2009. See attached Exhibit "B". 4. Defendant's counsel is scheduled to be in South Carolina for that weekend for his nephew's wedding, and it is necessary for him to leave the Commonwealth very early on the morning of October 16, 2009, in order to attend the wedding rehearsal and dinner that evening. 5. Defendant's counsel has contacted Plaintiff s counsel, and has determined that during the weeks of October 19, 2009 and October 26, 2009, counsel are not available as follows: October 19, 2009 October 22, 2009 October 26, 2009 October 27, 2009 October 29, 2009 6. Thomas J. Williams, Esquire, counsel for Plaintiff, was contacted and stated that he has no objection to the continuance. 7. The Honorable Edward F. Guido has issued Orders in this Matter. WHEREFORE, Defendant respectfully requests Your Honorable Court to reschedule the hearing for a date during the week of October 19, 2009 or October 26, 2009, not listed above, or other available date. Dated: August _?, 2009 P.C It`. King, Esquire S. Hanover Street Suite 103 Carlisle, PA 17013 (717) 258-4343 Attorney for Defendant ?,?6;6rf ? AUG 1 12009 y DAVID A. YOUNT Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. JUDITH A. MORNINGSTAR Defendant Prior Judge: Edward E. Guido, J. : No. 03-3408 Civil Term : ACTION IN CUSTODY COURT ORDER AND NOW, this ?_ day of August 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: This Order is entered pursuant to a Custody Concili 'on Conference. A Custody Hearing is hereby scheduled on the day o 2009 at q ?3Q am/pm.in Courtroom number „? in the Cum erland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 2. All prior Orders of Court entered in this matter are hereby VACATED and replaced with this Order. 3. Legal custody: The Mother, Judith Morningstar, and the Father, David Yount shall have shared legal custody of Hannah E. Yount, born 04/20/1998. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child 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. Exhibit "A" ?x ?j b-, ? e DAVID A. YOUNT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-3408 JUDITH A. MORNINGSTAR, Defendant IN CUSTODY ORDER AND NOW, this day of August, 2009, upon consideration of Plaintiff s Motion for Continuance, the hearing scheduled for September 15, 2009, at 9:30 a.m. is rescheduled for October 2009, at ( _ *034 a' in. in Courtroom Number of the Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Edward E. Guido, J. cc: Thomas J. Williams, Esquire - Attorney for Plaintiff John King, Esquire - Attorney for Defendant ' _ i?idr a.+a aly hxrvl';-. #i4 s?5al 0# ul, day 0t aao , ?'fg11?4ri??u u4 v?Ml DAVID A. YOUNT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-3408 JUDITH A. MORNINGSTAR, Defendant IN CUSTODY ORDER AND NOW, this ;k 7 day of August, 2009, upon consideration of Plaintiff's Motion for Continuance, the hearing scheduled for September 15, 2009, at 9:30 a.m. is rescheduled for October 1(0 , 2009, at ( "34 4--m. in Courtroom Number of the Cumberland County Courthouse, Carlisle, PA. BY THE COURT, (?a Edward E. Guido, J. cc: Thomas J. Williams, Esquire - Attorney for Plaintiff John King, Esquire - Attorney for Defendant 8 , .2 -7- 6 F 4 -, FIIEL.,._ NO WY OF THE FV? I -- ^069 AUG 27 A 11: 5 AUG ? o zUO6 3 . R DAVID A. YOUNT : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-3408 JUDITH A. MORNINGSTAR, : CIVIL ACTION - LAW Defendant : CUSTODYNISITATION ORDER AND NOW, this day of , 2009, upon consideration of Defendant's Motion for Continuance, the hearing scheduled for October 16, 2009, at 9:30 AM, is rescheduled for October 073 , 2009, cf•?b A. m., in Courtroom Number --03? of the Cumberland County Courthouse, Carlisle, PA. By ourt: Edward E. Guido, J. cc: ?omas J. Williams, Esquire - Attorney for Plaintiff ''John F. King, Esquire - Attorney for Defendant C?cP?'fs m?i? 9?a?cxt FLEG OF THE ':.`,,17ARY 2009 SEP -2 A 8: 0 L, DAVID A. YOUNT IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JUDITH A. MORNINGSTAR No. 03-3408 Civil Term Defendant : ACTION IN CUSTODY COURT ORDER AND NOW, this 23rd day of October, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: All prior Orders of Court entered in this matter are hereby VACATED and replaced with this Order. 2. Legal custody: The Mother, Judith Morningstar, and the Father, David Yount shall have shared legal custody of Hannah E. Yount, born 04/20/1998. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child 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. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's physical custody as follows: a. Mother shall have physical custody of Hannah for Thanksgiving from Wednesday, the day before Thanksgiving, until Monday following Thanksgiving. b. Mother shall have physical custody of Hannah for Christmas from the day after school lets out until the day before school resumes. Mother shall have physical custody of Hannah for the summer from one week after school lets out until one week before school begins. d. Mother shall have physical custody of Hannah for Easter break from the day after school lets out until the day before school resumes. Hannah shall remain in Father's school district absent mutual agreement or further Order of Court. Mother has agreed, and shall, provide for the transportation obligations between Pennsylvania and South Carolina. Mother shall endeavor, and make her best attempts, to have Hannah fly to and from Harrisburg International Airport. However, if that is not feasible, Father has agreed, and shall, to transport Hannah for four (4) periods of Mother's physical custody per year (eight times picking up and dropping off Hannah) at either Philadelphia or Baltimore (BWI) airports. g. The above schedule may be modified by mutual agreement of the parties. 4. Neither party shall smoke in confined places, including but not limited to their respective houses or vehicles, while Hannah is in their custody. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 6. Holidays: The parents shall arrange a holiday schedule as mutually agreed. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 8. Neither parent shall discuss custodial litigation issues with Hannah nor attempt to influence the Child in regard to the same. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. I I . The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. 12. Father is directed to hook up the web cam within two weeks of today's date. BY THE Edward E. Guido, J. V John King, Esquire For the Defendant ? "Thomas Williams, Esquire For the Plaintiff mlc eo ?? rn a L V FILED-OFFICE OF THE' PROTFONW)TARY 2009OCT 28 AM 11: 38 ( ', } 71