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HomeMy WebLinkAbout99-06305 x L z s C ° tt r s " r '' 1 S 6 t .t v% r? }t ?A } at V «j yi ?e £Y 4;F R n : F ?k 4 i kc FtE 4 {.?V `? 1f ' ' . ii?? 4 h- 4 1 fin L t-' : stn ? a t ,,, _ ? } R h ?? 5 t ?.? rk ?N s ? uQ t 5 t Fat i ? ?? f5 } v 1 iE s - ih 5h ? s m 45? i ( a2? y ` t t14 r hY t 'S k'?t to ' S "'° `; a t {,..? y ?e ., y LL? jt T A i a 4 t ? t Y? Y ? L {:: t r L:ttF f T " t 4 i + . i? 1 y e. a t t k? 1', ?.r L J 3 r, a" 5. i i i s e• "We :w+' •:,w W •.ne• :rt w• trt •:rt •ar.• •:.:• :r.• -4r •:*: •:*: •r: •:V: •:r•• :*> i ••:*:::rt:: M: tw:..*s •:*r y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. s Rebecca-K,.. Yost, ?tt•99-6305•••• •• Civil ...Term _...Plantiff Vcr;us t William V. Yost, Defendant t t; DECREE IN DIVORCE AND Now, ... ...??...... ,9KQ..... , it is ordered and decreed that .............. Rebecca K... Yost, ................ , plaintiff, William V. Yost defendant, and ........................................................ . V is L t' rom the bonds of matrimony. "err the matrimonial t executed by the parties on December 7, 1999 is **(cont'd) K The court retains jurisdiction of the following claims which have been raised of r c1ord in this action for which a final order has not yet been entered; VC +( **(cont'd) incorporated herein as if fully set forth, for the purposes of enforcement,jt, but 9th937w#ee,r3t>4i11,4pt.me[ge.lnto.5ald•Decree...The.parties.are.hereby.ordered to l (0 comply with the terms of said Agreement. There are no additional claims. By This c ?r 01 10 Attest: ? • w Prolhonotnry • 0 W , OF, e4ri y;. I, 4ri ?X. .*. .W;• -We •:v. •:?: :?: •:?} •:?: •:Y,• t?:• ti?:• ;?:• {?:• <?:• :fit •:?:• s:• :?:• t?? <?:• :?: W. I.C. ,7 /G Gh ?''cvl ?m iua zt- ?? MATRIMONIAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 71ay of December 1999, between REBECCA K. YOST, hereinafter referred to as "Wife" and WILLIAM V. YOST, hereinafter referred to "Husband". WITNESSETH: WHEREAS, the parties hereto, being Husband and Wife were lawfully married on November 18, 1967 in Cumberland County, Pennsylvania; and WHEREAS, there were two children born of the parties; Jennifer Ackroyd, bom June 9, 1970 and Julie Dove, bom January 6, 1973 (hereinafter referred to as the "children'); and WHEREAS, Wife has commenced an action in divorce in the Court of Common Pleas of Cumberland County, docketed to No. 99.6305 (hereinafter referred to as the "Divorce Action'); and WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto arc desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, 1 Alf alimony and/or maintenance of each other; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate; and WHEREAS, the parties hereto, Wife being represented by Gary L. Rothschild, Esquire, and Husband not being represented by counsel, have each exchanged full and complete information as to the property, assets, and liabilities owned by each and have disclosed to each other and to their attomey(s) full information as to the financial status of both parties hereto. NOW THEREFORE, the parties hereto, in consideration of the above recitals, premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: 1. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement arc incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Husband and Wife to an absolute divorce on legal grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party, which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date 1? 1) Ot"K hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301 (c) of the Divorce Code . Each party shall execute an "Affidavit of Consent" and "Waiver of Notice of Intention To Request Entry of a Divorce Decree" upon the expiration of the mandatory ninety (90) day waiting period. 3. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 4. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. 5. NON-MERGER It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages, resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an Order of Court or Agreement pertaining to equitable distribution, alimony, alimony pendent lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereinafter enacted. ?_Y 3 #t 6. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE The transfer of property, funds, documents and/or any other thing or provided herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 8. FINANCIAL DISCLOSURE The parties confirm that each has relied on the accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. 9. SEPARATION Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 10. DIVISION OF BANK ACCOUNTS AND BROKERAGE ACCOUNTS The parties hereto mutually covenant, acknowledge and agree to the following division of their individual and joint bank accounts and brokerage accounts, as follows: A. Wife shall receive and be the sole owner of the following: e Y 4 0 . (i) the Bank account with Pennsylvania State Bank, which has an approximate balance of $59,350.00. (ii) the Berger Small Growth fund, which is held in the parties joint Schwab Account # 9692.9180, which has an approximate value of $49,931.00. (iii) All shares of Schwab stock, which is held in the parties joint Schwab Account N 9692-9180 which has an approximate value of $15,875.00. (iv) the Turner Small Cap. Fund, which is held in the parties joint Schwab Account N 9692-9180, which has an approximate value of $21,781.00. (v) cash in the amount of $1,714.00, which is held in the parties joint Schwab Account # 9692-9180. (vi) the Central Pennsylvania Conference of the United Methodist Church, Promissory Note 8392, which has an approximate value of S 10,000.00. (vii) $30,000.00 from the Schwab Value Advantage Money fund, which is held in the parties joint Schwab Account N 9692-9180, which has an approximate value of $123,097.00. B. Husband shall receive and be the sole owner of the following: (i) the Bank account number 090-057944 with York Federal Savings & OT Loan, which has an approximate balance of 55,950.00. (ii) the federated Growth & Income fund, which is held jointly by the parties as Account N 5821725510, which has an approximate value of $21,625.00. (iii) the Fidelity Ultra Service Account, which is held jointly by the parties as Account # 147-279471, which has an approximate value of $26,302.00. (iv) the Salomon Smith Barney Brokerage Account, which is held jointly by the parties as Account # 724-08425-13511, which has an approximate value of $86,600.00. (v) the American Century Intermediate Term Treasury Fund, which is held in the parties joint Schwab Account # 9692-9180, which has an approximate value of $4,865.00. (vi) Baron Asset Fund, which is held in the parties joint Schwab Account # 9692-9180, which has an approximate value of $15,296.00. (viii) all shares of Computer Network Technical Stock, which is held in the parties joint Schwab Account # 9692-9180, which has an approximate value of $14,188.00. (ix) all shares of Hewlett-Packard stock, which is held in the parties joint Schwab Account # 9692-9180, which has an approximate value of $15,354.00. (x) the Invcstco Equity Income Fund, which is held in the parties joint Schwab Account # 9692-9180, which has an approximate value of $32,806.00. (xi) the T. Rowe Price New Asia fund, which is held in the parties joint Schwab Account # 9692-9180, which has an approximate value of $9,056.00. k V 6 M, ( (xii) the Scudder International Fund, which is held in the parties joint Schwab Account # 9692-9180, which has an approximate value of $4,898.00. (xiii) the remainder of the Schwab Value Advantage Money Fund, which is held in the parties joint Schwab Account # 9692-9180, after payment of Thirty Thousand Dollars ($30,000.00) to Wife pursuant to sub- paragraph 10 A.(vii) above. The Schwab Value Advantage Money Fund, prior to said payment, has an approximate value of $123,097.00, (xiv) the Vanguard Bond Index Fund, which is held in the parties joint Schwab Account # 9692-9180, which has an approximate value of $6,794.00. (xv) all shares of WAVO Corporation stock, which is held in the parties joint Schwab Account # 9692-9180, which has an approximate value of $2,378.00. (xvi) the cash remaining after wife receives $1,714.00, which is held lit the parties joint Schwab Account # 9692-91800, which has an approximate value of $3,342.00. (xvii) the Gannett Fleming Employees Credit Union account 11125, which has an approximate value of $1.975.00. (xviii) the Fidelity Mutual Fund Account, which is held jointly by the parties as Account # T005915538, which has an approxhunie value of $32,000.00 7 4f The parties hereto mutually covenant, acknowledge and agree that any monies interest or dividends received subsequent to the execution of this agreement shall be the property of the party receiving the asset from which the payment, interest or dividend arose. The parties hereto mutually covenant, acknowledge and agree that any bank/credit union accounts or brokerage accounts not identified in this paragraph, which is held solely in individual names, shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive, release, renounce and forever abandon whatever right, title, interest or claim he/she may have in the other party's respective accounts. 11. AUTOMOBILES. A. Division of Automobiles and Motorcycle. The parties acknowledge that they are the owners of two (2) automobiles and agree to the following division of the automobiles: (i) The 1998 Buick Park Avenue shall become the sole and exclusive property of Wife. There is currently an outstanding liability to Pennsylvania State Bank, in the amount of approximately $34,000.00 associated with this vehicle. Wife agrees to be solely responsible for this liability in accordance with subparagraph 11C., below. (ii) The 1998 Mazda Protege shall become the sole and exclusive property of Husband. There is no outstanding liability associated with this vehicle. le? 8 01( B. Transfer of Ownership. The parties agree to execute the titles or assignments of lease agreements to the aforesaid vehicles, if appropriate, to cfFectuate the transfer as herein provided on the date of execution of this Agreement and said executed title/assignments shall be delivered to the proper party on the distribution date. ror the purposes of this Paragraph the term "title" shall be deemed to include a "Limited Power of Attorney" if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. C. Indemnification. In the event any vehicle is subject to a lien, encumbrance, lease or other indebtedness the party receiving said vehicle as his or her property shall (i) take it subject to said lien, encumbrance, lease or other indebtedness; (ii) shall be solely responsible therefore and (iii) agrees to indemnify, protect and save the other party harmless from said lien, encumbrance, lease or other indebtedness. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest he or she may have in the vehicle(s) that shall become the sole and separate property of the other pursuant to the terns of this Paragraph. The parties acknowledge they know of no liens, encumbrances, leases or other indebtedness to which any of the aforementioned vehicles is subject to, except those liens, etc, set forth in this Paragraph. 12. PERSONAL. PROPERTY The parties hereto mutually agree that they have divided all furniture, household furnishings, appliances and other household personal property between them in a manner ey 9 (J agreeable to both parties. The parties also mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. 13. RETIREMENT BENEFITS. ASSETS AND PLANS The parties acknowledge that, as a result of their separate employment during the marriage, Husband is entitled to certain retirement benefits (with an estimated marital value of $162,000.00) and certain tax-deferred benefits through Gannett Fleming (401(k) with an estimated value of $200,225.00) and that Wife is entitled to certain tax-deferred benefits (Keogh with an estimated value of $346,800.00) from her sole proprietorship which involves the sale of real estate. Additionally, the parties acknowledge that, as a result of their current or prior employment during the marriage, they have each established two (2) Individual Retirement Accounts in their individual names. The estimated value of the parties' IRA accounts is $69,625.00 for Wife's accounts and $93,150.00 for I lusband's accounts. The parties acknowledge that they have exchanged full information about the above-referenced benefits, had them examined and valued by experts, or elected to voluntarily waive such valuation, and have reached agreement upon the distribution of those assets in the future. With regard to such benefits, accounts and assets, the parties agree that Husband shall receive and be entitled to all retirement benefits, 401(k) accounts, individual retirement accounts, or other retirement accounts in his name or earned by him through his employment and Wife shall receive and be entitled to all retirement benefits, Keogh, 10 401(k) accounts, individual retirement accounts or other retirement assets in her name or earned by her through her employment. Except as may otherwise be provided herein, each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be in the retirement plans separately stated in this paragraph as well as any Pension Plan, Retirement Plan, Profit Sharing Plan, 401(k) Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any other employee benefit plan (collectively referred to as "Employee Benefit Plans") and hereafter said Employee Benefit Plans shall become the sole and separate property of the party named in the Employee Benefit Plans or through whose employment said Employee Benefit Plans are carved. The party receiving the retirement account shall be responsible for any and all outstanding loans associated with the account. 14. REAL PROPERTY. The parties hereto mutually covenant and agree that the real estate they own jointly, as tenants by the entireties, and being known and numbered as 412 Sharon Avenue, Mechanicsburg, Pennsylvania, (hereinafter referred to as the "Marital Residence") was acquired during the marriage. The parties agree that the ownership of the marital residence shall be transferred into Wife's name alone. The marital residence is subject to a mortgage, with Pennsylvania State Bank, of approximately $82,700.00 and Wife agrees to (i) take it subject to said mortgage, (ii) shall be solely responsible therefore and (iii) agrees to indemnify, protect and save Husband harmless from said mortgage. Husband does specifically waive, release, renounce and forever abandon whatever right, title and interest he may have in the marital residence which shall become 41 the sole and sepamte property of Wife. The parties acknowledge that they know of no mortgages, liens, encumbrances or other indebtedness to which the marital residence is subject to, except those mortgages, liens, encumbrances or other indebtedness set forth in this Paragraph. 15. WIFE'S BUSINESS Wife has previously and continues to operate an unincorporated business under her name (hereinafter referred to as the "Business") currently located at 3425 Market Street, Camp Hill, Cumberland County, Pennsylvania. Husband hereby does specifically waive, release, renounce and forever abandon whatever right, title and interest he may have in the aforementioned business and the business shall become the sole and separate property of Wife. Wife, agrees (i) to be solely responsible for any and all past, present and future debts, expenses and liabilities of the Business and (ii) agrees to indemnify, protect and save Husband harmless from any and all past, present and future debts, expenses and liabilities of the Business. 16. MORTGAGE RECEIVABLE. The panics hereto mutually covenant and agree that the mortgage between Mortgagor Jill R. Dimpsey (with an estimated value of $89,650.00) and Rebecca K. Yost and William V. Yost, Mortgagees which they jointly hold on real estate being known and numbered as 2256 Old Hollow Road, Mechanicsburg, Pennsylvania, (hereinafter referred to as the "Old Hollow Road Property") was acquired during the marriage. The parties agree that the ownership of the mortgage shall be transferred into Wife's name alone. Husband hereby does specifically waive, release, renounce and forever abandon whatever right, title and interest he may have in the aforementioned mortgage receivable py 12 4 and any and all future payments associated thereto and the mortgage receivable and all future payments shall become the sole and separate property of Wife. 17. INSURANCE POLICIES The parties acknowledge that, Husband is the owner of one or more life insurance policies (with an estimated cash surrender value of $13,900.00) and that Wife is the owner of one or more life insurance policies (with an estimated cash surrender value of $7,250.00). With regard to such insurance policies, the parties agree that Husband shall receive and be entitled to the value of his insurance policies and Wife shall receive and be entitled to the value of her insurance policies. Except as may otherwise be provided herein, each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be in the insurance policies separately stated in this paragraph and hereafter said insurance policies shall become the sole and separate property of the party named as the owner therein. The party receiving the insurance policy shall be responsible for any and all outstanding loans associated with said policy. 18. COUNTRY CLUB MEMBERSHIP The parties hereto mutually covenant and agree that their membership to Carlisle Country Club was acquired during the marriage. The parties agree that membership shall be transferred into Husband's name alone. Wife hereby does specifically waive, release, renounce and forever abandon whatever right, title and interest she may have in the membership and the membership shall become the sole and separate property of Husband. Husband, agrees (i) to be solely responsible for any and all past, present and / 13 I future debts, expenses and liabilities associated with the membership and (ii) agrees to indemnify, protect and save Wife harmless from any and all past, present and future debts, expenses and liabilities of the membership. 19. MISCELLANEOUS PROPERTY All marital property not otherwise mentioned in this Agreement shall be hereafter owned by the party to whom the property is titled; and if untitled, by the party in possession. This Agreement shall constitute a sufficient Bill Of Sale to evidence the transfer of any and all rights in such property from each party to the other. 20. DEBTS The parties acknowledge that, other than the debts listed in paragraphs 11 A. (i) and 14, above, they have no other joint or individual debts. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same become(s) due, and to indemnify and hold the other party and his or her property harmless for any and all such debts, obligations and liabilities. From the date of the execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to not use any credit card or other debt instrument for which the parties have joint liability or any potential liability. The parties agree to cooperate in closing any remaining accounts which provide for joint liability. 21. LEGAL PEES. COSTS AND EXPENSES Wife acknowledges that she has been represented by Gary L. Rothschild, Esquire and Husband acknowledges that he is not represented by counsel. Husband acknowledges kf / 14 that he has been advised to obtain legal representation but has voluntarily chosen not to be represented relative to this Agreement and the above referenced divorce action. The parties acknowledge and agree that each shall be responsible for the payment of the fees owed to their respective attorney. Husband and Wife do hereby waive, release and give up any rights which they may have against the other for payment of counsel fees. The parties acknowledge and agree that each shall be responsible for the payment of any and all costs and expenses incurred by that party. I lusband and Wife do hereby waive, release and give up any rights which they may have against the other for payment of costs and expenses. 22, OTHER WRITINGS Each of the parties hereto agree to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent and language of this Agreement. 23. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she had the right to obtain from the other party a complete inventory or list of all of the property that either or both parties owned at the time of separation and at the time and/or owned at this time and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the e9r / 15 4tt Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: A. The right to obtain an inventory and appmisemcnt of all marital and non-marital property as defined by the Pennsylvania Divorce Code. B. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have property identified and appraised. D. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. E. The right to have the court determine which property is marital and which is non-marital, and equitably divide and distribute between the parties that property which the court determines to be marital, and to set aside to a party that property which the court determines to be that parties' non-marital property. F. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child support, spousal support, alimony, alimony pcndcnte lite (temporary alimony), equitable distribution, custody, visitation, counsel fees, costs and expenses. 24. FURTIIF.R DEBT e y 16 Wife agrees that she shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against Husband by reason of debts or obligations incurred by Wife. 25. FURTHER DEBT Husband agrees that he shall not contract or incur any debt or liability for which Wife or her property or estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against Wife by reason of debts or obligations incurred by Husband. 26. MUTUAL. RELEASE Except as otherwise provided herein and so long as this Agreement is not modified or canceled by subsequent Agreement, the parties hereby release and discharge absolutely and forever each other from any and all rights, claims and demands, past, present and future, including, but not limited to the following: spousal support, alimony, alimony pendcnte lite, division of property, claims or rights of dower and right to live in the marital home, right to act as executor or administrator of the other's estate, rights as devisee or legatee in the Last Will and Testament of the other, any claim or right as beneficiary in any life insurance policy of the other and any claim or right in the distributive share or intestate share of the other parties' estate. 27. TAX ON PROPERTY DIVISION. The parties hereby agree and express their intent that any transfers of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 or other similar tax acts (hereinafter the "Act"), specifically, the ey 17 4or provisions of the said Act pertaining to transfers of property between spouses or former spouses. The parties agree to sign and caused to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfers and subject to the carry-over basis provision of said Act. As to transfers to which the Act may not or does not apply, Husband shall be solely responsible for any and all taxes that may be assessed or become due from Husband, and Wife shall be solely responsible for any and all taxes that may be assessed or become due from Wife as a result of or arising from this Agreement. As to transfers for which the parties are or may be jointly iiable, the parties hereto agree to contribute equally to such taxes, penalties and/or interest. 28. TAX Rr:TURNS The parties have heretofore filed joint tax returns, including federal, state and local returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either party, each agrees to indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith and the parties hereto agree to contribute equally to such taxes, penalties and/or interest. 29. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property set forth in this Agreement is equitable and both parties relinquish the right to divide Faid property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. /e 18 OIT . . . I . 1 I 30, ENTIRE AGREEMENT This Agreement constitutes the entire understanding bct%vccn the parties, and there arc no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those contained herein. 31. LEGALLY BINDING It is the intent of the parties hereto to be legally bound hereby and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and assigns. 32. FULL DISCLOSURE Each party asserts that she or he has made a full and complete disclosure of all the real, personal and all other property or assets of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each of them, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. 33. BREACH AND COSTS TO ENFORCE In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement and either cxtrajudicial or judicial proceedings are commenced to enforce such duty or obligation, then the party found to be in default shall be liable for all expenses of curing the default, including, but not limited to reasonable attorneys' fees, court costs and expenses. 34. AGREEMENT ENPERED INTO VOLUNTARILY AND AGREEMENT CLEARLY UNDERSTOOD 124 19 Ar Each party to this Agreement acknowledges and declares that he or she respectively: A. Has carefully read each paragraph and each provision of this Agreement; B. Has given careful and mature thought to the making of this Agreement; C. Is fully and completely informed as to the facts relating to the subject matter of this Agreement, including the parties' assets and liabilities; D. Understands that Gary L. Rothschild, Esquire is counsel for Wife and has not advised Husband; that Wife has reviewed this Agreement with her counsel and received guidance as to her rights and obligations under this Agreement; and that Husband is not currently represented by counsel in this matter nor received guidance as to his rights and obligations under this Agreement although informed of his right to do so; E. Wife enters into this Agreement voluntarily after receiving the advice of independent counsel and Husband enters into this Agreement voluntarily after electing not retain counsel although informed of Husband's right to retain counsel and receive counsel's advise; and r. Dully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. 35. AMENDMENT OR MODIFICATION e? 20 , 4-11? . . . . . . , , This Agreement may only be amended or modified by a written instrument signed by both parties. 36. SEVERABILITY If any term, condition, clause or provision of this Agreement shall Le determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligations or duties under this Agreement or any one or more of the paragraphs of this Agreement, with the exception of the satisfaction of any conditions precedent, shall in no way void or alter the remaining obligations or duties of the parties. 37. LAW APPLICABLE This Agreement shall be governed, construed and enforced under the statutes and case law of the Commonwealth of Pennsylvania. Nr f. { &-'C, 21 38, HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the paragraphs and subparagraphs herein are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. A W itngo fitness REBECCA K. YO ST ("Wir WILLIAM V. YOS 'Husband") 22 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF D17aeWtj On this, the Z day of amp 1999, before me, a Notary Public in and for the State and County aforesaid, the undersigned officer, personally appeared REBECCA K. YOST, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. iARIAI SEAL CAROL A. LYTER, NOTARY PUBUC (SEAL) Harrisburg Dauphin Canty Notary Public Ey Commission Expires Dee 22 %w My Commission Expires: COMMONWEALTH OF PENNSYLVANIA / / SS COUNTY OF C?A'1a44WA6 On this, the G day of ?R6o?i?d.G 1999, before me, a Notary Public in and for the State and County aforesaid, the undersigned officer, personally appeared WILLIAM V. YOST, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ? _(SEAL) Notary POW- My tarial Seal Ca t F'at o o TwCpor,Cumtwrland Cam Commission Expires: ety c:cn,mission C•xp?ros AprU 3, Y002 61unAar, Yan%gMin4 Amclauon of Nowwa 23 F. G] ?? u s o x r d S ~ N too KKKK vN. N S. L. L In III • ?? • • •'.? • ? t ? REBECCA K. YOST. Plaintiff V. WILLIAM V. YOST. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99 - 6305 : CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for Divorce: 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified mail, restricted delivery on October 19, 1999. Acceptance of service filed October 25, 1999. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff 2/01/200 0 ; By Defendant 1/31/200 0. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 2/ /2000; Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: /2 /2000. Dated: 144000 Gary. Rothschild, Esquire 3211 North Front Street, Suite 303 I larrisburg, PA 17110 (717)221.8330 Attorney for Plaintiff REBECCA K. YOST, Plaintiff V. WILLIAM V. YOST. Defendant IN THE COURT Of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 6305 CIVIL ACTION -LAW IN DIVORCE VITAL RECORDS ? .)ttJ t..; " fD 1-/ O 0 h ? W ? < t ? ?j ? N r I v M1 V `C; REBECCA K. YOST. IN TI IL COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Cq ` CIVIL ACTION -LAW WILLIAM V. YOST, Defendant : 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 in the Office of the Prothonotary at: IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY 13AR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEP110NE: (717) 249-3166 REBECCA K. YOST, : IN THE COURT 01: COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. : CIVIL ACTION - LAW WILLIAM V. YOST, Defendant : IN DIVORCE NOTICIA Le han demandado a usted en la cortc, Si usted Quiere defcnderse de estas demandas expuestas en las paginas siguientes, usted ticne quc tomar accion pronto. Sea avisado que si usted no se deficnde, la cortc tomara medidas y un decreto cn divorcio o anulacion pucdc scr cntmdo contract used por la cortc. Una ordcn contra uscted tambicn pucdc scr entrada por calquier queja o alivio quc is pedido cn la peticion de dcmanda. Usted pucdc perdcr dincro o sus propicdades o otros dercchos importantcs para usted, inclusivamcntc custodia o derccho a visitar sus hijos. Quando cl fundamente para el divorcio es indignidades o cl ropimiento del matrimonio, usted pucdc pedir aconsejo sobre su matrimonio. Una lista do consijeros es disponible en la oficina del Protonotario en el : Si usted no archiva en la cortc enforma escrita su demanda para assistencia de divorcio, division do propiedad, honorarios o costas para su abogado antes quc la cortc entre unn ordcn cn divorcio o anulacion, usted pucdc perdcr su derccho a damandar cualquiera de csto. Llcvc csta demanda a un abogado o si no ticne cl dincro suficicntc do pagar tal scrvico, vaya en persona o Ilamc por telefono a la oficina cuya direction se cncuentra estcrita abajo para averiguar donde sc pucdc consequir asistencia legal. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 Tr.LIiPHONE: (717) 249.3166 P.. REBECCA K. YOST. Plaintiff V. WILLIAM V. YOST, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. 9q- L yo -'r C'cLj 7'e,- : CIVIL ACTION -LAW : IN DIVORCE AND NOW COMES the above named Plaintiff by her attorney, Gary L. Rothschild, Esquire, and seeks to obtain a decree in Divorce from the above named Defendant, upon the grounds hereinafter more fully set forth: COUNTI 1. Plaintiff is Rebecca K. Yost, (Social Security Number 181-324864) who currently resides 412 Sharon Ave., Mechanicsburg, Cumberland County, Pennsylvania 17055, having so resided since 1977. 2. Defendant is William V. Yost, (Social Security Number 161-34-0140) who currently resides at 412 Sharon Ave., Mechanicsburg, Cumberland County, Pennsylvania 17055, having so resided since 1977. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 18. 1967 in Cumberland County, Pennsylvania. 5. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in counseling. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Defendant is not a member of the Armed Services of the United States or any of its allies. 9. The Plaintiff and Defendant are both citizens of the United States. 10. Plaintiff avers that there arc no minor children of the parties. WHEREFORE, the Plaintiff pmys your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. Respectfully submitted Date: ?o By: AZU4, AQ- z4e?- dary-L. Rothschild, Esquire Supreme Court I.D. No, 62041 3211 North Front Street, Suite 303 Harrisburg. PA 17110 (717) 221-8330 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint 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. IO?ZI `?q 6#UUL-, Date 7 Rebecca K. Yost ti (S r: ci: r rn £7 cr U m `1 ?o w N vo ? c 0 h C F O 9 3 Vf r LL; _ v ?- a c < n C V N, REBECCA K. YOST, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99 -6305 CIVIL. : CIVIL ACTION -LAW WILLIAM V. YOST, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE 1, Gary L. Rothschild, Esquire, being duly sworn according to law, depose and say that 1 served a copy of the Divorce Complaint, in the above-captioned matter, by depositing it in the United States mail, return receipt requested, addressed as follows: Mr. William V. Yost 412 Sharon Drive Mechanicsburg, PA 17055 The return receipt card is attached hereto as evidence of service. Dated: By: e ?? ?? Gar L. Rothschild, Esquire 3211 North Front Street, Suite 303 I larrisburg, PA 17110 (717) 221-8330 Attorney for Plaintiff Sworn and Subscribed to Before me this ?.? s day of October 1999. NOTARY PUBLI My Commission Expires: T Al S L CAROL A. IYIK NOTARY MW Cwtv Oe mtutoe'F?P1roWnDr_ lk 0 REBECCA K. YOST, Plaintiff V. WILLIAM V. YOST, Dcfcndant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 6305 CIVIL CIVIL ACTION -LAW IN DIVORCE SEND E ;' •oomolae eime snob s exeeo wa wvw& ( 461$0 ii io rioifve It G0w0ae 11M e, 4a.ertl 4b. 10 rvlao (tor NP*d ??arnrtle0swane»mw..aw.armeonrw.ahiwunw• 'S wit" . ? ocr ? •eppamea?n, eiamiwar4«i'aurmyd•w•armnre.aKro.weo..?a t.dAddredp0 rose l , •VhM Aeeen H•n•MAgwa 0nsrnr bs1gwm wftWmwe•c 91? Restricted Mary •7R«eWm Reaelpr we 1* wh*m •r eniw wa ONrwes &W ft dde Mary ConpAt poosfwtof for (N. 3. AEWAW"_" hoc, wa-4/4M V, yeSr 4a Z %9c 91s ryy 4b. sewe Type i Q!Z 9yitRoN Dl4, O Ro*toW gC?y 13 Evre" /'!a [ lfANtc s 43v?ce, PA O Return ? C3 Insured COD loss 7. Date 61 r. r p oY• Irnnr ryeresyC J r B Nld (N b 1U 0. or R R I v2no ! FS Form 381T, December 1694 romser.eave Domestic etum sae pt I i SERVICE OF DIVORCE COMPLAINT n- ' ? t3: J((J.?'' ? 4/?. U? f •? S,I u ?1. N 7? F X33 CD C.M r1 J 9 ys 34 0 ? V ?j a ' x C M i ,. REBECCA K. YOST, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO.99-6305 CIVIL CIVIL ACTION -LAW WILLIAM V. YOST, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(C) of the Divorce Code was filed on October 15, 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. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements heroin arc made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. j Or - Date By: Rebecca K. Yost, Pla tiff • . t f- tiV ! a Tht . > Cl) ' N ir t11 ? i f`) Y ,} I`j ?a a r; a+ 44 K S ? fl Y _ 3t ,Irr 1 t SI t '?:' x? `??T' r.. h i e REBECCA K. YOST, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.99-6305 CIVIL : CIVIL ACTION - LAW WILLIAM V. YOST, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301 (C) OF THE. DIVORCE. CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 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 1 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 arc 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. r Date: ,. y: Rebecca K. Yost, Plaintiff ?. r? c l ?; W? ? f , ?? . f ?- `+ I ?y ?i :.° ? ? ?, , :.l?:. I . _, ,.? ` ? -. U L REBECCA K. YOST, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.99-6305 CIVIL : CIVIL ACTION -LAW WILLIAM V. YOST, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(C) of the Divorce Code was filed on October 15, 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. 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 unswom falsification to authorities. Date: I 3l Zooo By: /1'// J William V. Yost, Def?ant T ? ?? C • ? ??? "? r ? ;• . u. 1.11 ? i. j?.: a: r-n tl `"' -. i ? ) C1 L% C7 • ? I F j yVi ?`e?s W . t § i , S r . ? z ? i. ' li u,7 AI-. r ti ?' ?'? ? 1 ' .' y; ` ? l t: . • ? '? • A . ,r?? R. K. ,; u :li: .. ;;:.:?fii;' 't'. y ;,: ?: . +J's "'? . A y .. ???i . "4` . _r :.'? J.r 1 . REBECCA K. YOST, Plaintiff V. WILLIAM V. YOST. Defendant IN TILE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO.99-6305 CIVIL : CIVIL ACTION -LAW IN DIVORCE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 understand that 1 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. 1 verity that the statements made in this affidavit arc true and correct, l understand that false statements herein are made subject to the penalties of Ig Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: I 31 ?? By: `1,:(,6/ef;, William V. Yost. Dcfc nt x i, s k kl U CV I -qy t ?ii4U- 3"'Yy .fi les Y fIt yy? i yt.•_ ? ••- •.?• ? ?:....•i. ... .. .. '...' .. ...i n .:.. 'it. ? 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