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Home My WebLink About03-4011 KATHY YINGER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03 - J.f(!)/I Cl(.)'~l'-r~ JOSEPH A. CALABRESE Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgement may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at The Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 32 SOUTH BEDFORD STREET CARLISLE, PA 17013-3308 (717) 249-3166 Plaintiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA KATHY YINGER vs. NO. C3 - J{61 I CIVIL ACTION - LAW IN DIVORCE LZj~'~L '1~ JOSEPH A. CALABRESE Defendant COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Kathy Yinger, by and through her attorney, Mark K. Emery, Esquire, and files the following Complaint in Divorce and in support thereof avers as follows: 1. Plaintiff is Kathy Yinger, an adult individual who currently resides at 28 East Locust Street, Mechanicsburg, PA 17050. 2. Defendant is Joseph A. Calabrese, an adult individual who maintains a current business address at 406 Brandy Lane, Mechanicsburg, PA 17050. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 1, 2003 at Las Vegas, Nevada. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the United States Army or its allies. 8. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request the court require the parties to participate in counseling, being so advised Plaintiff waives that right. 9. Plaintiff requests the Court to enter a Decree of Divorce pursuant to Section 3301 (C) or 3301 (D) of the Divorce Code. WHEREFORE, Plaintiff, Kathy Yinger respectfully requests this Honorable Court enter a Decree in Divorce pursuant to Section 3301 (C) or 3301 (D) of the Divorce Code. Respectfully submitted, LAW OFFICES OF MARK K. EMERY By: ~~ Mark K. Emery, Esquire Supreme Court I. . o. 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Plaintiff DATE: ff'~ (tr - {J 3 VERIFICATION I, Kathy Yinger, verify that we have read the foregoing Complaint and that the information contained therein is true and correct tot he best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. DATE: '6' /l{- d ) o n ~ (.J ~ s- :.n' ~ 'i ~ .. ....~ ~ ~ B ' ~ t fI!' ~ ;Q KATHY YINGER Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4011 JOSEPH A. CALABRESE Defendant CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint on behalf of the Defendant, Joseph A. Calabrese, and certify that I am authorized to do so. DATE:~ BY:_'~/~~~ Peter J. Ressler, Esquire Mette, Evans & Woodside 3401 North Front Street P.O, Box 5950 Harrisburg, PA 17110-5950 (717) 232-5000 . ?! 0 () L..) -I' ;;:::. ~ -orL If" f':S ("--' ;1.' N ,;"1'1 ZC .:~'} (ft"~" 0" :~~~I -<;."..-.- ~C'" ".C' "n ~C :-Ji;: :~C) :;;0 N ::;rn c:: .---\ 2: en ";;;>- :< (J' ~ F:\FILESIDAT AFILE\General\Current\ 11124-1.eapp I Created: 3/10104 11:12AM Revised: 3/10/04 5:17PM 11l24.1 KATHY YINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-4011 CIVIL ACTION - LAW JOSEPH A. CALABRESE, Defendant IN DIVORCE ENTRY OF APPEARANCE Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant in the above matter. Date: ?-/ Jl ( at.{ MARTSON DEARDORFF WILLIAMS & OTTO By ~-l~~ Steven J. Sh ahan, EsqUire Attorney ID No. 90917 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant CERTIFICATE OF SERVICE I, Steven J. Shanahan, an authorized agent for Martson Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Entry of Appearance was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mark K. Emery, Esquire Law Offices of Mark K. Emery 410 North Second Street Harrisburg, PA 17101 MARTS ON DEARDORFF WILLIAMS & OTTO By Jkl f~ Steven J. shanahan Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: March 11,2004 F:\FILESIDAT AFILE\General\Current\11124_1.aocl Created: 3/10/04 10:22AM Revised: 3110/04 5:17PM 11124.1 KATHY YINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-4011 CIVIL ACTION - LAW JOSEPH A. CALABRESE, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 2003. I. A Complaint in Divorce under 9 3301(c) of the Divorce Code was filed on August 15, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service ofthe Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. Date: 3- //-0,/ ~,~ (1 seph A. Calabrese, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~330Hc) AND Ii 330Hd) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses in do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verifY that the statements made in this affidavit and waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: ;s - 1/- "" "1 tf:d~ A. Calabrese, Defendant CERTIFICATE OF SERVICE I, Steven J. Shanahan, an authorized agent for Martson Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Affidavit of Consent and Waiver of Notice was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mark K. Emery, Esquire Law Offices of Mark K. Emery 410 North Second Street Harrisburg, P A 17101 MARTSON DEARDORFF WILLIAMS & OTTO By~~ Steven J. ~han an Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 11, 2004 F:\FILES\DATAFILE\Genera1\Current\l] 124.1.aoc2 Created: 3/10/04 ]O:59AM Revised: 3/10104 5:17PM 11124.] KATHY YINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-4011 CIVIL ACTION - LAW JOSEPH A. CALABRESE, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S 3301(c) of the Divorce Code was filed on August 15, 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. 4. I understand that! may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. //~~ . Kathy Yin r, ntiff 7 ~ Date: :J - J 1--- C> '( WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S330Hc) AND 5 330Hd) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verifY that the statements made in this affidavit and waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. Date: :3 - II ~ '" 'I ~ /'. t::L~ athy Yi , lainti~ CERTIFICATE OF SERVICE I, Steven J. Shanahan, an authorized agent for Martson Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Affidavit of Consent and Waiver of Notice was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mark K. Emery, Esquire Law Offices of Mark K. Emery 410 North Second Street Harrisburg, PA 17101 MARTS ON DEARDORFF WILLIAMS & OTTO ByJk~iL Steven J. hanahan Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: March 11, 2004 i:~ :) r-> = = ~ ::J!: ;p. :;N ~ -' '"1:" r-np -a~ :QY Uo ;:"f..":'~ ;~:\~'~; "-;.1 ~ r.:- o' o CJ , . F:\FILES\DATAFILE\Genera1\Current\III24-1.agrl Created: 3/10/04 11:53AM Revised: 3/11104 8:44AM 11124.1 SEPARATION AND PROPERTY SETTLEMENT AGREEMENT 0.3. '10ft \\~\.-.. loll. I THIS AGREEMENT made this day of lore.\.-.. , 2004, by and between Joseph A. Calabrese (hereinafter "Husband"), and Kathy Yinger (hereinafter "Wife"). WITNESSETH: WHEREAS, the parties to this separation agreement are married and are in the process of obtaining a divorce. WHEREAS, prior to marrying each other the parties entered into a prenuptial agreement; a true and correct copy of which is attached hereto and labeled as Exhibit "A." WHEREAS, the parties wish to amend paragraph four of the prenuptial agreement so that it accurately reflects both parties wishes upon termination of the marriage; NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: I. Advice of Counsel: The provisions of this separation agreement and their legal effect have been fully explained to the parties by their respective counsel. Husband has employed and had the benefit of Steven J. Shanahan, Esquire, as his attorney. Wife has employed Mark K. Emery, Esquire, as her attorney in connection with this matter. Each party acknowledges that he or she has received or has been advised to receive independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations and each party acknowledges and accepts that this separation agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this separation agreement is not the result of any duress or undue influence, and that it is not the result of any collusion or improper or illegal agreement or agreements. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of, and is familiar with and cognizant of, the wealth, real and/or personal property, estate and assets, earnings and income of the other as set forth in this separation agreement, and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities, and any further enumeration or statement thereof in this separation agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. 2. Amendment to Paral!ranh 4: Paragraph 4 of the prenuptial agreement titled "Life Insurance" shall be struck from the prenuptial agreement. Therefore, the prenuptial agreement that is attached shall be read as if Paragraph 4 does not exist or is void. 3. Affirmation: All other provisions of the prenuptial agreement are reaffirmed and shall be given full effect as if they were contained within this separation agreement. 4. Real Pronertv & Personal Pronertv: As provided for in the prenuptial agreement, each party's real property and personal property that is not titled jointly shall remain the property of that respective party, including any increase in value. Husband's real property and personal property remains the same as what he disclosed in Exhibit "A" of the prenuptial agreement. Wife's real property and personal property remains the same as what she disclosed in Exhibit "B" of the prenuptial agreement. 5. Joint Pronertv: As of the date of this separation agreement, Husband and Wife agree that there is no real or personal property that they own jointly. 6. Release of Sunnort and AIimonv: The parties herein acknowledge that by this separation agreement they have been respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance and support in the station of life in which they are accustomed. Husband and Wife do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, support or maintenance. . 7. Incoroorated But Not Mel1!:ed: This separation agreement shall survive and be incorporated into the divorce decree but it shall not be merged into any decree, judgment or order of divorce or separation. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: $-;LX~ ~ /XlL / 1 /l1 t:: /--- (SEAL) I~ Kathy 9 - ...) (SEAL) ii, . ~ THIS AGREEMENT made this day of 2003, by and between Joseph A. Calabrese (hereinafter "Husband") and Kathy Yinger (hereinafter "Wife"). WIT N E SSE T H : WHEREAS, the parties to this Agreement contemplate marriage to each other; and WHEREAS, Husband has four children namely, Joseph A. Calabrese, II, Raymond Mayo, Robert Mayo and Craig Calabrese; and Wife has three children, namely Jonathon K. Zimmerman, Craig E. Yinger, Jr. and Steven E. Yinger. WHEREAS, the parties wish to set forth in this Agreement all their respective financial and property rights and obligations as between each other arising out of their marriage. NOW, THEREFORE, the parties, ,in consideration of their forthcoming marriage and the covenants contained in this Agreement, and intending to be legally bound hereby, agree as follows: 1. ADVICE OF COUNSEL: a. The parties have had the provisions of this Agreement explained to them by their independent counsel, or have waived the right to such counsel with the knowledge of Exhibit IIAI! . their right to counsel. b. Based upon consultation with an attorney, or with the knowledge of opportunity to consult counsel, each party understands that, in the absence of this Agreement, if they are married; i. he or she might, as a matter of law, be entitled as the surviving spouse of the other party to receive on the other party's death a share of the decedent's real and personal estate and that the share to which one party would be entitled might be more or less than the amount provided for under this Agreement; ii. if they subsequently become separated or divorced or an action for divorce is instituted by either of them, one party's obligations to make payments to the other party for his or her support, maintenance or as alimony, including alimony pendente lite, might exceed the amount provided for under this Agreement; iii. he or she might, as a matter'of law, be entitled to an equitable distribution or other division of the property of the other of them. Notwithstanding the foregoing, each party accepts and shall be bound by the provisions of this Agreement in lieu of any right he or she might have against the 2 other arising out of their marital relationship or otherwise. c. Each of the parties acknowledges that he or she has read and understands the nature and importance of this Agreement, that each considers the provisions of this Agreement to be fair, just and reasonable, that each enters into it freely and voluntarily, and that each does not desire to have or become possessed of any property of the other or any interest therein which the other party now owns or hereafter may own, except as expressly provided for in this Agreement. 2. FULL DISCLOSURE: a. Husband has made a full and fair disclosure to Wife of his assets as of the date of execution of this Agreement, and as set forth in Exhibit "A" to this Agreement. b. Wife has made a full and fair disclosure to Husband of her assets as of the date of execution of this Agreement, as set forth in Exhibit "B" to this Agreement. c. The parties acknowledges that they have been given an opportunity to conduct such additional investigation of the others assets as they wish, including formal appraisals, but do not wish to conduct such appraisals or to receive any additional information concerning the others pres~nt or future income and/or financlal 3 condition and have waived any right to receive such additional information or to challenge the validity of this Agreement on the grounds that they did not pursue such additional disclosure. d. The parties shall not disclose the terms and conditions of this Agreement to any third parties, except to the Court, to governmental agencies such as the Internal Revenue Service, or to the extent necessary for their financial planning (e.g. to accountants) or legal counsel. Except with respect to the Court and governmental agencies, disclosure shall only be permitted if the third parties agree in writing to the confidentiality terms of this Agreement. Either party breaching this provision further agrees to exonerate and indemnify the other party against and hold the other party harmless from any damages resulting from this breach. Each party acknowledges that the other party has advised him/her that, in the opinion of the other party, unauthorized disclosure of the terms and conditions of this Agreement to unauthorized third parties may result in irreparable,harm to the non- disclosing party. e. Furthermore, the parties agree that if any divorce action is filed between them, the records of said divorce action shall be sealed by the court. 3. APPLICABLE LAW, Regardless of ~here the parties may reSlQe 4 or be domiciled in the future and regardless of the situs of any of their joint, marital, or separate property, their property rights after marriage, their rights under this Agreement, and the interpretation of this Agreement shall be construed under pennsylvania law in effect as of the date of this Agreement. 4. LIFE INSURANCE: Husband and wife shall each maintain a life insurance policy, both during the marriage and continuing even in the event of separation or divorce, in the face amount of no less than One Hundred Thousand and 00/100 ($100,000.00) Dollars, with the other named as the sole beneficiary. In the event either party fails to maintain such policy, the other shall have the option to pursue all claims against the other's Estate for the value of the life insurance benefit contemplated herein. In the event the parties jointly purchase a primary residence, Husband shall maintain a life insurance policy in the full amount of the then existing mortgage, with Wife named as the sole beneficiary, for the entire period in which the parties maintain joint ownership of such property. In the event husband fails to maintain $uch policy, Wife shall have the option to pursue all claims against Husband's Estate for the value of the life insurance benefit contemplated herein. In the event of Husband's death, if the life insurance policy is in existence as required herein and Wife obtains the benefit in the full amount of the then 5 existing mortgage, wife agrees to release and remiss Husband's Estate from any further claims relating or pertaining to Husband's obligations under the mortgage or related mortgage note. 5. TESTAMENTARY PROVISION: a. If Wife survives Husband as his widow and if at Husband's death, a separation (as defined in this agreement) has not occurred, Husband agrees to give to wife outright, by will, any and all assets titled in joint names at the time of Husband's death, including any real property, accounts, etc. b. If Husband survives Wife as her widower and if at wife's death, a separation (as defined in this agreement) has not occurred, Wife agrees to give to Husband outright, by will, any and all assets titled in joint names at the time of Wife's death, including any real property, accounts, etc. 6. MARITAL RESIDENCE: During all times of the marriage and any period of separation, Husband shall be fully responsible for all mortgage payments, utilities, taxes and cost of maintenance for the parties primary residence. 7. PROVISIONS IN THE EVENT OF A DIVORCE OR SEPARATION: a. Marital residence: In the event of a divorce or separation of the parties, as defined by this agreement, any residence in which the parties reside if it be titled in joint names shall be considered to be 6 marital property. The parties understand and agree that at the time of their separation either party can give the other sixty days written notice of their intent to vacate and sell the marital residence. The parties further agree that after the cost of sale as well as any liens, mortgages, taxes, et cetera are paid they will equally split the proceeds from the sale of the residence. Additionally, the parties agree that it shall be the right of either party, at their option, to purchase the residence at the fair market value as determined by the market price or by an agreed upon appraiser. If both parties desire to exercise this option, the property shall be sold to an independent third party. b. Real and/or personal propertv purchased lointlv bv the parties: In the event of a divorce or separation of the parties, as defined by this agreement, any real property, which is purchased jointly by the parties, shall either be divided between them by agreement or shall be sold and the proceeds thereof split equally between the parties as provided in 7(a). Regarding joint furniture and furnishings and personal property which is purchased jointly by the parties, if the parties cannot agree to divide the property then it shall be sold and the proceeds thereof divided equally between the parties within 30 days of their separation. 7 c. Sale of marital real property: In the event marital real property is placed up for sale under the provisions of this Agreement, Wife shall be the retained as the listing real estate agent, at the then going and typical sales commission. d. Real property of Wife: Any real property purchased by or titled to Wife, either solely or jointly with a third party (i.e. not Husband) acquired either prior to marriage or subsequent to marriage, shall be retained solely by Wife, and Husband shall have no claim to such real property or the increase in value of such real property during the term of the marriage. e. Premarital furniture, furnishinqs and personal property: In the event of a divorce or separation of the parties, as defined by this agreement, any pre- marital furniture, furnishings or personalty which either of the parties brings into the marriage shall remain the property of that respective party including any increase in value. f. Other property: In the event of a divorce or separation, as defined in this agreement, all property titled in Husband's name, shall be Husband's separate property, free and clear of any claim by Wife except as otherwise provided for pursuant to this agreement. Any other property titled in wife's separate name, shall be Wife's propp-rty free and clear of any claim by Husband, 8 Any property titled jointly in the parties' names shall be subject to distribution as otherwise set forth in this agreement. g. Payment bv Husband to Wife: In the event of a separation, as defined in this Agreement or divorce, wife shall receive payments commencing upon the first day of the month after the date of separation, according to the following schedule: If the parties remain married for one (1) year or less, wife shall be entitled to no payments from, or assets of, Husband except as otherwise provided for in this Agreement. If the parties remain married for a period in excess of one year, wife shall be entitled to payment of Thirty Thousand and 00/100 ($30,000.00) Dollars per complete year of marriage, payable in equal monthly installments of Two Thousand Five Hundred and 00/100 ($2500.00) Dollars, payable on the first day of each month, for each complete year the parties are married, up to, but not exceeding five years of such payments. By illustration, such schedule is set out as follows: Lenqth of marriaqe Years of payment 2 years 3 years 4 years 5 years 6 yeara 1 2 3 4 5 9 h. Filino for Divorce: Upon separation, the separating party shall file for divorce no later than six (6) months subsequent to the date of separation. 8. WAIVER OF SPOUSAL SUPPORT, ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES: Except as otherwise specified herein, in the event of a divorce or separation of the parties, as defined in this agreement, the parties waive any and all right or claim which she may have to spousal support, alimony, alimony pendente lite, counsel fees, costs and expenses pursuant to divorce against the other. The parties shall not proceed against the other in any way for spousal support, alimony, alimony pendente lite, counsel fees and costs or expenses even as provided for under the divorce law of any applicable state or country, except as further provided for herein. 9. SEPARATE PROPERTY: a. Except as otherwise set forth in this Agreement, Wife shall keep and retain the sole ownership, control and enjoyment of all of her pre-marital and non-marital property, including any increase in value thereof free and clear of any claim by Husband including, without limitation, any claim of curtesy [dower] or equitable distribution, and she shall have the exclusive right ~r ~~ dispose (during her lifetime or by Will) c~ such property without interference or restraint by Husband 10 in like manner as if the marriage had not taken place and she had remained unmarried. Husband shall at any time and from time to time execute and acknowledge or join as a party in executing and acknowledging any instrument which may be requested by Wife for the purpose of transferring any such property, or divesting any claim of curtesy [dower] or otherwise in such property. b. Except as otherwise provided in this Agreement, Husband shall keep and retain the sole ownership, control and enjoyment of all of his pre-marital and non-marital property, including any increase in value thereof free and clear of any claim by Wife (including, without limitation, any claim of dower [curtesy] or equitable distribution), and he shall have the exclusive right to dispose (during his lifetime and, subject to the provisions to be made in accordance with Paragraph 4 of this Agreement, by will) of such property without interference or restraint by Wife in like manner as if the marriage had not taken place and he had remained unmarried. Wife shall at any time-and from time to time execute and acknowledge or join as a party in executing and acknowledging any instrument which may ce requested by Husband for the purpose of transferring any such property, or divesting any claim of dower [curtesy] or otherwise in such property. 11 10. RELEASES: a. Except as may be provided in this Agreement, each party does hereby expressly waive, discharge and release any and all right, title and interest or any claim which she [he] may have or may acquire by reason of the contemplated marriage in any property of the other party, including, without limitation, any claim or right of dower or curtesy or in the nature thereof, any claim or right to a distributive share, widow's or widower's allowance, family exemption, any claim or right to a share of the benefits payable with respect to any retirement plans in which the other party had an interest and any right to elect to take against the other party's will or to elect to take a share of any property in which the other party may at any time have had an interest, past, present or future support or maintenance, alimony, alimony pendente lite, property division, counsel fees, costs and expenses, any claim to equitable distribution and any other right in any estate of, property of, or income of the other party to which she [he] might otherwise be or become entitled as the other party's spouse as a result of the separation or divorce of the parties or the death of one of the parties, except as otherwise provided for in this agreement. Furthermore, except as may be provided in this Agreement, each party does hereby expressly waive, 12 discharge and release any and all right, title and interest or any claim in or against any property of the other party by reason of any former acts, contracts, engagements or liabilities of the other party (including, without limitation, any act which might constitute cohabitation and/or which might give rise to an allegation that an implied and/or express contract existed) . 11. ADDITIONAL PROVISIONS PERMITTED: Notwithstanding the foregoing provisions of this Agreement: a. If the Will of either party should provide greater benefits for the other party than are required by this Agreement, such other party shall have the right to such benefits so bequeathed or devised, subject, however, to any conditions which may be specified in the Will of the party making such additional provision. b. If either party should provide that at his or her death or thereafter the other party shall receive the benefits of any property passing outside of his or her Will (including, without limitation, life insurance proceeds, pension or profit-sharing plan benefits and assets held as tenants by the entireties), such other party shall have the right to such property. This shall be subject to the limitations set forth in paragraph 4 of this Agreement. 13 12. DEFINITIONS: a. For purposes of this Agreement: 1. A separation of the parties shall be deemed to have occurred following the expiration of a period of 10 consecutive days subsequent to the delivery of written notice (in the manner specified in Paragraph 13(a) of this Agreement) by one of the parties that he or she intends to separate and to invoke the provision of this Agreement. The Notice shall be in the form set forth in Exhibit "e" to this Agreement or separation shall be deemed to have occurred with the filing of a divorce complaint. 2. A divorce shall be deemed to have occurred at such time as there is a decree in divorce. b. Each reference in this Agreement to a divorce or separation of the parties shall be deemed to refer to the earlier to occur of the parties' divorce or separation (as those terms are defined in subparagraph 12 (a) of this Agreement)". c. For purposes of this Agreement, the determination of the number of complete years of marriage shall be made based on the number of anniversaries of the date of the parties' marriage which have been attained as of the date on which a determination is required to be made. d. The term "property", as used in this Agreement shall 14 mean any or all real or personal property, of any nature whatsoever, now owned by each party, or owned by each party at the time of the parties' marriage or which may thereafter be acquired by each party, including, without limitation: (i) any interest in such property, whether held outright or in trust, present or future, vested or contingent, legal or equitable; (ii) any property acquired in exchange therefore; (iii) any appreciation or increments in value which may occur in such property after the date of the parties' marriage or after the date of the acquisition of such property, as the case may be; (iv) any and all accrued and future interests in any retirement plans; (v) any gifts or inheritances; and (vi) all income and earnings of each spouse. e. For purposes of this Agreement, if Husband and Wife die under such circumstances that the order of their deaths cannot be established, Husband shall be deemed to be the survivor (unless and to the extent he directs otherwise in his Will); except as further provided for hereinafter to the extent this provision becomes applicable, the marital residence shall be divided equally and shall pass to each party's estate. 13. ADDITIONAL PROVISIONS: a. Notice to Husband provided for in this Agreement shall be sent by certified mail, return receipt requested, or 15 shall be hand-delivered, addressed to Husband at Husband's then current address or to such other addresses as Husband from time to time may designate in writing. b. Notice to Wife provided for in this Agreement shall be sent by certified mail, return receipt requested, to Wife, or shall be hand-delivered, addressed to Wife at wife's then current address or to such other address as Wife from time to time may designate in writing. c. For purposes of this Agreement, the date on which notice shall be deemed to be given shall be the date of mailing in the case of any notice sent by certified mail, return receipt requested, or the date of deliver, in the case of any notice which is hand-delivered. An affidavit signed by the person depositing such notice to the mail or hand-delivering such notice shall be sufficient to establish the date on which such notice was deemed to be given. d. Except as may otherwise be expressly provided in this Agreement to the contrary, this Agreement shall inure to the benefit of, and shall be binding upon, the parties, their heirs, execucors, administrators and assigns. e. This Agreement shall become effective only in the event that a marriage occurs, either by civil law or common law. 16 f. The headings preceding the text of the paragraphs of this Agreement are inserted solely for convenience of reference and shall not constitute part of this Agreement. g. This Agreement may be executed in counterparts, each of which will be an original and which together shall constitute one and the same instrument. h. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, promises, or undertakings, oral or otherwise, other than those expressly set forth in this Agreement. The invalidity or unenforceability of any provisions, term, or condition of this Agreement shall not affect the validity or enforceability of any of the other provisions, terms, and conditions of this Agreement. i. Breach: If either party intentionally breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. If either party attempts to have this Agreement set aside or declared null and void, then that party who is making such attempt shall be responsible for 17 payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. Furthermore, said party, in attempting to set aside this Agreement, shall lose all benefits provided for him/her in attempting to set aside this Agreement. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year aforesaid. Witness: /1 ~ //,~~:! /? ~ // I W" " C1Josep~ A. ealabrese (SEAL) ){z-c/LG1 [k'h ;;:~ j 7 ;- Kathy Yinger (SEAL) 18 , , II' , " if'P:HJn\,<!.i (> I." rp;.Js"ry. fLp,rq '"' v;,r ",l~ , ,. rv I (." 20021 "'"' 11 1040 u.s. Individual Income Tax Return IHS IJ<,p. On lv- Do nol wril8 []f st:1i"JIp. ,n IIIIS S');lce ~:.'.II"~ y(~.ll );11l 1.1)p.( .11 ?()(j/, rlf l,tlll'! I;), yr:(lr beqinn,nq . Ion?, f'nr!illll /IJ (JMI1 r,IJ 1'.Ii', .I]q7~ L ,el A Yr>.,1 firo.l rl;]rrH'~ <lml HII!';II 1;.j<;ln;;,mr:o Your sor.i.'ll security number , B JoseDh A Calabrese 172-36-2222 uclions E lage 21.) 11;)11 r1n. sp firs! name & inilial Lasl name Spouse's social security number L the IRS Home address (number and slreet) If you have a PO bO)(, see page 21 1 Apt. no A Important! A ~1. H erwlse, E 25 Devonshire Snuare You must enlAr lse print R II you have a foreign address your SSN(s} ;::j~)ove E Cily. town or post office. stale. and ZIP code see p<lge ~1 Ipe. Mechanicsburo PA 17050-6878 d Total number of exem lions claimed 7 Wages. salaries. tips. etc. Attach Form(s) W-2 8a Taxable interest. Attach Schedule B if required. b Tax-exempt interest. Do not include on line 8a 9 Ordinary dividends. Attach Schedule 8 if required. 10 Taxable refunds, credits. or offsets of state and local income taxes (see page 24) 11 Alimony received 12 Business income or (loss). Attach Schedule C or C~EZ 13 Capital gain or (loss). Attach Schedule D if required. If not required, check here.... 14 Other gains or (losses). Attach Form 4797 15a IRA distributions ~ '13 ':3 0 01' '~. 16a Pensions and annuities ~ 19 . 171, b 17 Rental real estate, royalties, partnerships, S corporations. trusts. etc. 18 Farm income or (\oss). Attach Schedule F 19 Unemployment compensation 20a Social security benefits. 21 Other income. list type & amt. (see page 29) See 22 Add the amounts in the far rl ht column for tines 7 throu h 21. This is our total income 23 Educalor expenses (see page 29) 24 IRA deduction (see page 29) 25 Student loan interest deduction (see page 31) 26 Tuition and fees deduction (see page 32) 27 Archer MSA deduction, Attach Form 8853 28 Moving expenses. Attach Form 3903 29 One-half of self-employment tax, Attach Schedule SE 30 Self-employed health insurance ded\Jction (see page 33) 31 SeH.employed SEP. SIMPLE. and qU3linf~J plans 32 Perl;,1lly on early withdrawal of savings 333 AI:; rll:Jny pJid b Recipient's SSN.... __ ).~..~:'~ 34 A.id lilll~~ '2:'\ tl110llgtl 33a 35 Sul)lr<1ct line 34 from line 22 This is your adjustef~JPvss irlcome or Disclosure. Priv<'lcy Act. and Paperwork Reduction Act Notice, see page 76 51dentlal cOon Campaign epa e21. ing Status ~ck only ! box. emptions nore than five ~ndents, e page 22. come tach lrms W-2 and .2G here. so attach lrm(s) 1099-R tax was ithheld. you did not !t a W-2. ~e page 23. 'lClose, but do Jt attach. any :lyment. .....150, ease use orm 1040N. .djusted iross .., come >:\f', ~ Note. Checking "Yes" will not change your tax or reduce your refund. You , 00 ou, or our souse if filin a 'oint relurn, want $3 to 0 to this fund? .... Yes No Single 4 Head 01 household (with qualifying person). (See pg 21) II the qualifying person IS a child bur not your de;:lendenl, enler Married filing jointly (even if only one had income) this child's name here. .... 5 D Qualifying widow(er) with dependenl child (year spouse died.... ), (See page 21,) No 3 0 Marned filing separalely, Enler spouse's SSN above 6a and full name here Yourself. If your parent (or someone else) can claim you as a dependent on his or her tax return. do not check box 6a No. 01 boxes checked on Sa and Sb 1 No. of child ren- on 6c who: . lived with d you } b n Soouse Dependents: (3) Dependent's (4) Ck. il (2) Dependent's qual chil relationship to lor child (1) Firs! name social security number lax credil Last name "ou ,ee c . did not live 22),...ith you due to divorce or separation (see page 22) Dependents on 6c not en- tered above Add numbers on lines 7 8a 1 60 000 31 8b o 9 10 11 12 13 14 15b 16b 17 18 19 20b 21 22 10 13 19 300 171 o Taxable amount (see page 25) Taxable amount (see page 25) Attach Schedule E ~ r b Tax~bl~'ame~nt (~e~ p~ge 27) Statement 1 920 432 38 131 ~ 23 24 25 26 27 28 29 30 31 32 _-_'!-Oi,7_L 33, 28 600 34 ... I 35 :,~ 8 , ::. '; 0 1.02 SJ2 > '."n> 1 040 2.':'1J2) -':"OSE:I)]l /\ ('a1abreSt: 35 eparer's rll,I\':; II<ll\H~ (or ; e On Iy 'f')"'s If ,:>ell-Olllployed), ;,,1<1'(,'-,-;, ,JIl(j liP cndc 37, L , who my e hoc ,e " ". 34 ~ r S 'd, l'ding '9 c) ely, 54 55 56 57 58 59 60 61 62 lents 63 ~ 64 Ylng 65 attach dule EIC 66 67 68 69 mp 70 dep':osit? 71a age-.56 . b Iln/1b, . d Ind 71d aunt J Owe rd Party ;ignee n re It return? page 21. ~pacopy '{our ::::>rds id " b ~\l1lr)I'111 frr)[1lllne.1S (;:l(illJ~lf.d lllrJ"~ InU)ln~) , CI\I~c} If 1] You wp,.rR FJ;) r)f nlrlr-;I [] Blind 0 Spouse wa~ f-)~; (jr rllcJer Add \h(~ numberof boxes checked ;Jbove 8nd enter the tolal here 111'1)11 "rr. m<lrrlp,d filing sep;H;llely <lnd your SP()II~fO Ilemlzes deductions. or yrlll W!;r," a uual.stalus alien. SP.P, !l;JljP. 3d ;lfH1 c.I\p.r.k here l1emiz.ed deductions (from Schedule A) or your standard deduction {see left margin} Suhlractline 38 from line 36 Illinc 36 is $103,000 oj less. multiply $3,GOO by the Iota I nurnber ot' exempiions claimed on line lid I[ line 36 IS over $103,000. ~p.e thfO worksheet on page 35 . Ta;o:able income. Sublrar:llinfO <10 from line 39_ II line 40 is more Ihan line 39, enler .0- a 0 Form(s) 8814 [i Rllnd ... 37a .. 37b 38 39 40 41 42 Tax: (see page 36)_ Check it any ta~ is [rom: b 0 Form 4972 43 44 45 46 47 48 49 50 51 52 53 Alternative minimum tax (see page 37) AU. Form 6251 Add lines 42 and 43 Foreign tax credit. Attach Form 1116 il required Credit for child and dependent care expenses. Attach Form 2441 Credit lor the elderly or the disabled. Attach Schedule R EduC<ltion credits. Attach Form 8863 45 46 47 48 49 50 51 52 Retirement savings contributions credit. Attach Form 8880 Child tax credit (see page 39) Adoption credit. Attach Form 8839 Credits from: a 0 Form 8396 Other credits. Check applicable box(es): b 0 Form 8801 c 0 Specify Add lines 45 through 53. These are your total credits. Subtract line 54 lrom line 44. If line 54 is more than line 44, enter -0- Self-employment tax. Attach Schedule SE Social security and Medicare tax on tip income not reported to employer. Attach Form 4137 Tax on Qualified plans, including lRAs, and other tax-favored accounls. Attach Form 5329 if required Advance earned income credit payments from Form{s) W-2 Household employment taxes. Attach Schedule H Add lines 55 - 60. This is our total1ax Federal income tax withheld from Forms W-2 and 1099 2002 estimated tax payments & amount applied from 2001 return Earned income credi1 (EIC) Excess social security and tier 1 RRTA lax withheld (see page 56) Additional child tax credit. Attach Form 8812 b O' For~ 8859- . a 0 Form 3800' 53 Amount paid with request (or extension to file (see page 56) aIr. pymt 0 0 from . a Form 2439 b Fonn4136 c Add lines 62 lhrouah 68, These are our total a ments 62 63 64 65 66 67 68 o FO~ 8885 if line 69 is more than line 61. subtract line 61 from line 69. This is the amount you overpaid Amount of line 70 you want refunded to you ,. Routing number \ \ . c Account number Tvpe: I . 0 Checking o S~~\n~~ 72 A.mount of In, 70 ou want a lied 10 our 2003 estimated tax _.I 72 73 Amount you owe. Subtract line 691rom line 61. For details on how to pay, see page 57 74 Estimated tax enalt see a e 57 74 00 you want to allow another person to discusS this return with the IRS (see page 58)? Cor officer Spouse's signature If a joinl relurn, both musl sign Date Spouse's occupation Pr8pMer's ~ PA 17055 Q~ C D"€2Jr::)?3 G.ceenawa t & eompan'/~_Y, e, 400 West Main Street Mechanicsburq '-;1 flCl\lJre -. ,... .--~--- Q;~ 102 r~L~~ I , 38 57 885 39 44 947 40 3 000 41 41. 947 42 7 666 43 . 44 7 666 . 54 55 56 57 58 59 60 61 ~ ~.' ~, ~';" 'f,-- t:; J i\ I~ ,t 1\ I. : ~ , 7 666 NO 3 247 4 . 678 10 913 . 6 235 4 678 . . 73 Yes. Complete the following. t> I I No Check if self.em lovRd Prep;:Jrers SSN or PT\N P00040698 E'N 23 - 2405 297 Phone no 717-766 4763 Form 1040 (20<j!; COMMONWEALTH OF PENNSYLVANIA : SS.: , COUNTY OF DAUPHIN On this, the dstA day of Jid~ ' 2003, a Notary Public, the undersigned officer, personally appeared Joseph A. C labrese, known to me (or satlsfactonly proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~-.J eLL /h..;::C/..u. No ry Public My Commission Expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Joan E. Brothers. Notary Public Susquehanna 1Wp.. Dauphin County My Commission Expires Feb. 12, 2006 Member, PennsytvanlaAssoc!ation of Notaries : SS.: COUNTY OF DAUPHIN On this, the ,:;)StlJ day of J(.<..-~ ' 2003, a Notary Public, the undersigned officer, personally appeared Kathy Ying r, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~. ~L ~i4 N ry Public My Commis$ion Expires: (SEAL) Notarial Seal Joan E. Brothers, Notary Public Susquehanna Twp., Dauphin County My Commission Expires Feb. 12, 2006 Member, PeoosylvaniaAssocialionol Notari€s 19 EXHIBIT A HUSBANDS ASSETS 1. ealabrese and Sons, Inc. 2. Pension. EXHIBIT B WIFE'S ASSETS 1. 2500 Derry Street, Harrisburg, Pa. 2. 28 East Locust Street, Mechanicsburg, Pa. 3. 113 West Green Street, Mechanicsburg, Pa. 4. 32 East Locust Street, Mechanicsburg, Pa. 5. 2 South 16~ Street, Harrisburg, Pa. 6. 2327 Penn Street, Harrisburg, Pa. 7. Jewelry EXHIBIT e NOTICE OF INTENTION TO SEPARATE I, hereby notify you that this shall serve as the Notice of Intention to Separate as specified under Paragraph of our Agreement dated , 2003 and that, therefore, the date of separation for the purposes of that Agreement shall be 20 Sworn and subscribed before me this of Notary Public ~ F:\flLES\DAT AFILE\Gelleral\Current\11124-1 .aoc2 Created: 3/10/04 lO:S9AM Revised: 3/10/04 5:17PM 11124.1 KATHY YINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-4011 CIVIL ACTION - LAW JOSEPH A. CALABRESE, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 9 3301(c) of the Divorce Code was filed on August 15, 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. /.' d ,)~~ c ~ __,~ Kathy Yin r, PJ,lintiff ? Date: :J - ) I/'-=> (( (') ....., c:: g 0 .c- -n t"-~ ::_It :.? :;.:;,,, 11 ;;;1 Fii f= :i=!F3 0-1 ~----1() 1. I consent to the entry of a final decree of divorce without notice. :;. >, ; ~ f~ 2. I understand that I may lose rights concerning alimony, division of pro~, @ryeij fees or expenses if I do not claim them before a divorce is granted. - co -< WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301(c) AND S 3301(d) OF THE DIVORCE CODE 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit and waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. ..~{~~ athy Yi r.-tiaintitj1 Date: :3 - I J - <> 'I . CERTIFICATE OF SERVICE I, Steven J. Shanahan, an authorized agent for Martson Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Affidavit of Consent and Waiver of Notice was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mark K. Emery, Esquire Law Offices of Mark K. Emery 410 North Second Street Harrisburg, PA 17101 MARTS ON DEARDORFF WILLIAMS & OTTO X" / i)' . ',c. "'j '/ i j / J, i By ',.,4,---./ I. ,'/', , 11'''' . _.' C"", ,,!,,~":,,' Steven J. Shanahan Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: March 11,2004 F:\FlLES\DAT AFlLE\General\Current\ll] 24-1 ,aocl Created: 3/10/04 10:22AM Revised 3/10/04 5:17PM 11124.1 KATHY YINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-4011 CIVIL ACTION - LAW JOSEPH A. CALABRESE, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S 330 1 (c) of the Divorce Code was filed on August 15, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and niffty ~s hAve elapsed from the date of filing and service of the Complaint. c:: ~ ." -,., ):'~i ~. :2 ~. . ~-i:;;' ;.0 nlp /1 "'Um '-', ' :D~; _ C)(~) r-" I -=1,_- 4. I understand that I may lose rights concerning alimony, division of ptOperty,~WY\l';'sfl fees or expenses if I do not claim them before a divorce is granted.S: ~= :; ~~-ri -""" .-.1 c::, .:J 7 /,/;'" __.,. -< Cia --< " (~;r" 71 If cZ----.-------- ( JJSseph A. Calabrese, Defendant \/ 3. I consent to the entry of a final decree of divorce. Date: -3 II-c'( WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~330Hc) AND 6 330Hd) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses ifI 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 and waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. r Date: ;g- / 1- ,~ '-( ) /',/" '/-?-r/l/'! /,c:e:---------- ,,"',''--r- ( . Jose A. Calabrese, Defendant ;/ . CERTIFICATE OF SERVICE I, Steven J. Shanahan, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Affidavit of Consent and Waiver of Notice was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mark K. Emery, Esquire Law Offices of Mark K. Emery 410 North Second Street Harrisburg, PA 17101 MARTS ON DEARDORFF WILLIAMS & OTTO g , l~ I I By ,'k_~_ ,I' . ~.J--,,_ , Steven J. ~han an Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: March 11, 2004 . CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe to Transmit was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mark K. Emery, Esquire Law Offices of Mark K. Emery 410 North Second Street Harrisburg, P A 17101 MARTS ON DEARDORFF WILLIAMS & OTTO C-;;';"'M 16 tl4M/~.I ricia D. Eckenroad ' - Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: March 16, 2004 - ..-," ("~) (). ~-i) ( J (".. c.-_ ~ ~ :;::j f-{oi?! -?,j_r~ ~ ".... ~,~ ') " ) 'il F:IFlLES\DA TAFlLEIGeneral\CurrenIII1124- Lpral Created: 3/10/04 10:29AM Revised: 3/16104 8:03AM 11124.1 KATHY YINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-4011 CIVIL ACTION - LAW JOSEPH A CALABRESE, Defendant 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. Ground for divorce: irretrievable breakdown under Section 3301(c) ofthe Divorce Code. 2. Date and manner of service of the complaint: Peter J. Ressler, Esquire, accepted service on Defendant's behalf and an Acceptance of Service was filed August 26, 2003. 3. Date of execution of the Plaintiffs affidavit of consent required by Section 3301 (c) of the Divorce Code; March II, 2004; by the Defendant; March 11,2004. 4. Related claims pending: none. See attached Separation and Property Settlement Agreement that is incorporated, but shall not be merged into the divorce decree. 5. Date Plaintiffs Waiver of Notice in 9330I(c) Divorce was filed with the Prothonotary: March II, 2004, a copy of which is attached. Date Defendant's Waiver of Notice in 9330I(c) Divorce was filed with the Prothonotary: March II, 2004, a copy of which is attached. MARTSON DEARDORFF WILLIAMS & OTTO By ~/jIJG-- Steven J. Shanahan, Esquire Attorney ill No. 90917 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant Date: March 16, 2004 '" = C::J .c- o .'1 --1 ::r ,.' n1r -of]} :[J ......... <)(S :r: :.:! :--2~j c'.~,' ' , ::-:~ ._~ ~D s~ ;;i:'; en ""'D C) o (...) , . , . . . . . . . . . . . . , , . . . . . . , . , . . . . . . . . . , , , , . , , , , , , , . . . . . . . . . . . . . . . . . . . " , , . . . .,. . :+: :+: ;Ii :+; . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF KATHY YINGER Plaintiff VERSUS JOSEPH A. CALABRESE Defendant PENNA. No. @3 4011 DECREE IN DIVORCE AND NOW, ~1?? cud ,:!IoCJ'I, IT IS ORDERED AND DECREED THAT AND c:?3 Kathv Yineer , PLAINTIFF, Joseph A. Calabrese , 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 YET BEEN ENTERED; ~ FOR WHICH A FINAL ORDER HAS NOT The Marital Settlement Agreement, dated as of March 11. 2004. is '::;> '<:;' ---.":" reference but is not mer ed into this Decree o.~~ , ATTEST4~ . L , ~ 1 P'O'HO"O'A" . . . . :+::+: :f.'f'f. J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :+::+::+: +'f. ~ P 'Z /?tf7':r~ ~ ACl /rt'I ~~~ ~.~.'r'7?...oAr[' ) ",,' o. .. .. .' ""'.~". ,:,,'. . ' '. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ei Plaintiff r: . o o5L-.ph A Vs c.c.tc.b,GJV ~ Defendant FileNo. 03J/O II IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"J _ prior to the entry of a Final Decree in Divorce, or X after the entry of a Final Decree in Divorce dated -.3 /2 3/ 04, hereby elects to resume the prior surname of la/~{ )M Vi A> JJ2.;-' an~ gives this written notice avowing his / her intention pursuant to t e provisions of 54 P.S. 704. ~ Date: 1/ /;sh l-- c......-, ~ a.fl:;ld'~ I ' --- g resumed COMMONWEALTH OF PENNSYL VANIA ) COUNTY OF lh\l\herland ) On the /..5 day of f0nve lYI.be R ,2005, before me, the Prothonotary or the \ notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. N TARI L . Prot~AA'f. "uHwhc CARUSlE CUMBERlAND COUNTY COURT HOUSE MYCOMMISSION EXPIRES JANUARY 2. 2000 "" ~ \~ ,..J. '*- ::n c V'\ " :t ---..., '<:J J" ~ ~ C) ......Q -::<" ~ ::> ~ " 1'....... '"::::.> ~;:~ o TJ ~ ?:E~ ;~~.~; ~ c.n " r<, C'l