HomeMy WebLinkAbout03-5950
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. D3 - 5956 (1iu~L T~
KENNETH E. YODER,
Plaintiff,
Defendant.
CIVIL ACTION ~ LAW
DIVORCE
KIM B. YODER,
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, Cumberland County Courthouse, 1 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.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, P A 17013
(800) 990-9108
(717) 249-3166
KENNETH E. YODER,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 03 - sq 56
C;u~L ~~
Defendant.
CIVIL ACTION - LAW
DIVORCE
KIM B. YODER,
COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. Plaintiff, Kenneth E. Yoder, is an adult individual currently residing at 2424
Dickinson Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011.
2. Defendant, Kim B. Yoder, is an adult individual currently residing at 2424
Dickinson Avenue, Camp Hill, Cumberland County, Pennsylvania, 170 II.
3. Plaintiff has been a bona fide residents of the Commonwealth of Pennsylvania for
at least six months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on September 2, 1983, in St. Thomas,
Franklin County, Pennsylvania.
5. There has been no prior action of divorce or armulment of marriage between the
parties.
6. Defendant is not a member of the Armed Services ofthe United States of America
or its Allies.
7. The marriage is irretrievably broken.
8. Plaintiff has been advised that counseling is available and that Plaintiff may have
the right to request that the court require the parties to participate in counseling.
9. Plaintiff requests the court to enter a decree of divorce.
. -
WHEREFORE, Plaintiff prays that a Decree be entered divorcing the said Plaintiff and
Defendant from the bonds of matrimony heretofore contracted between them.
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. Section 4904 relating to
unsworn falsifications to authorities.
Date: 11- 7-03
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K T' .YODER
Respectfully submitted,
TOMASKO & KORANDA, P.C.
219 State Street
Harrisburg, PA 17101
Telephone: (717) 238-1100
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MICHA~~iWmA
P A ID# 58808
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KENNETH E. YODER,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V ANlA
vs.
NO. 03-5950 CIVIL TERM
Defendant.
CIVIL ACTION - LAW
DIVORCE
KIM B. YODER,
ACCEPTANCE OF SERVICE
I, Kim B. Yoder, the Defendant in the above-captioned matter, hereby accept service of
the Complaint Under Section 3301(c) of the Divorce Code, and certify that I am authorized to do
so.
Date: I 2 - P -() ::s
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2424 Dickinson Avenue
Camp Hill, P A 17011
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SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this Ztwl day of NcrI{?~
2004, by and between KENNETH E. YODER, hereinafter referred to
as "HUSBAND", and KIM B. YODER, party of the second part,
hereinafter referred to as "WIFE".
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, ha ing
been married on September 2, 1983, in St. Thomas, Franklin Cou ty,
pennsylvania, and having separated on or about February 1, 200
and
WHEREAS, there is one minor children to this marriag ,
namely Heather R. Yoder (D.G.B. 05/04/88); and
WHEREAS, certain differences have arisen by and betw en
HUSBAND and WIFE as a result of which they are currently separ ted
and the parties hereto are desirous of settling fully and fina ly
their respective financial and property rights and obligations as
between each other including, without limitation by specificat'on:
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, pres nt
and future support, alimony and/or maintenance of Wife by Husba d
or of Husband by wife; and in general, the settling of any and 11
claims and possible claims by one against the other or against
their respective estates; and
WHEREAS, the parties being fully advised as to their
respective rights, duties and obligations growing out of their
marital status, particularly with respect to the relevant secti ns
of the Divorce Code, Act of April 2, 1980, P.L. 63, Act No. 26, as
amended, 23 P.S. 3101 et seq., and being fully aware of thei
right to consult with or having consulted with their respecti
legal counselor advisors and having had the opportunity and
ability to request a full and complete disclosure of income an
assets from the other, and reviewing this Agreement, have come to
an agreement as to each and all of their said matters of prope ty
and relations; and
NOW, THEREFORE, in consideration of the above recita s
and the mutual covenants hereinafter set forth, each of the
parties hereto intending to be legally bound hereby by affixin
their hands and seals agree as follows:
1. ADVICE OF COUNSEL
Husband and Wife acknowledge that they have been giv n
the opportunity to obtain the advice of counsel regarding the
provisions of this Agreement and their legal effect in advance of
the date set forth above to permit such independent review.
Husband and Wife acknowledge that Andrew C. Sheely, Esquire, is
counsel for Wife and that Husband is represented by Michael A.
Koranda, Esquire. Each party acknowledges that hE' or she has d
the opportunity to receive independent legal advice from counse
from 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 t is
Agreement is, and the circumstances, fair and equitable, after
having the opportunity to receive such advice and with such
knowledge, and that execution of this Agreement is not the resu t
of any improper or illegal agreement or agreements. In additio
each party hereto acknowledges that he or she has had the
opportunity to be fully advised by his or her respective attorn y
of the impact of the pennsylvania Divorce Code, whereby the cou t
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has the right and duty to determine all marital rights of the
parties including divorce, alimony, alimony pendente lite,
equitable distribution of all marital property or property own d
or possessed individually by the other, counsel fees and costs of
litigation and, fully knowing the same and having the opportun'ty
to be fully advised of his or her rights thereunder, each part
hereto still desires to execute this Agreement, acknowledging hat
the terms and conditions set forth therein are fair, just and
equitable to each of the parties, and waives his and her
respective right to have the Court of Common Pleas of Cumberla d
County, or any other court of competent jurisdiction, make any
determination or order effecting the respective parties rights to
a divorce, alimony, alimony pendente lite, equitable distribut on
of all marital property, counsel fees and costs of litigation,
2. SEPARATION
It shall be lawful for each party at all times herea ter
to live separate and apart from each other in such place or pl ces
as he or she may from time to time choose or deem fit.
3. INTERFERENCE
Each party shall be free from interference, authorit
and control, direct or indirect, by the other as fully as if he or
she were single and unmarried. Neither shall molest the other r
compel or endeavor to compel the other to cohabitate or dwell w'th
him or her, or to in any way harass or malign the other.
4. WAIVER OF CLAIMS AGAINST ESTATES
Except as otherwise provided herein, Husband
relinquishes his inchoate intestate right and his right to act s
a personal representative in the estate of Wife, and Wife
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relinquishes her inchoate intestate right and her right to act as
a personal representative in the estate of Husband. Each of t e
parties hereto by their presents, for himself or herself, his r
her heirs, executors, administrators or assigns, does remise,
release, quit claim and forever discharge the other party here 0,
his or her heirs, executors, administrators or assigns or any f
them, of any and all claims, demands, damages, actions, causes of
actions, suits, at law or equity, of whatsoever kind or nature
for or because of any matter or thing omitted or suffered to b
done by said other party prlor to and including the date hereo ,
except that this release shall In no way exonerate or discharg
either party hereto from the obligations and promises made and
imposed by reason of this Agreement and shall in no way affect any
cause of action in absolute divorce which either party may hav
against each other.
5. MARITAL AND NON-MARITAL PROPERTY
The parties hereto acknowledge that during their
marriage they have acquired, individually or jointly, various
marital assets and the increased value of non-marj.tal
property, including the following:
(A) Jointly owned Real Estate located ai: 2424 Dickin
Avenue, Borough of Camp Hill, Camp Hill, Cumberland Count,
pennsylvania, with a value of $150,300.00; and
(B) Husband's IRA with PRUCO Annuity (Account E143878)
with a value of $87,325.76 as of september 30, 2004; and
(C) Husband's Mail Contractor's of America, Inc.
Investment account with a closing balance of $2,727.25 as f
December 31, 2003;
(D) 2000 Toyota Camry titled jointly with an estimate
value of $10,000.00, with an encumbrance through PSECU in he
amount of $12,818.00; and
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(E) 1997 Toyota Corolla titled in Husband's name wi an
estimated value of $4,500.00, with an encumbrance through
PSECU in the amount of $6,590.00; and
(F) 1988 Ford Bronco II in Husband's name titled an
estimated value of $1,500,00; and
(G) Miscellaneous Bank Accounts not exceeding $3,000.00;
and
(H) Miscellaneous personal property, including
furniture, personal items, dishes, tools, jewelry, increa e
in value of non-marital property, equipment, coins and ca h;
and
(I) Wife's SERS benefit which is presently unvested n
the amount of approximate $2,300.00;
(J) Lowes Stock Certificates (6); and
(K) Wells Fargo Home Mortgage with a payoff of
$115,617.12; and
(L) PSECU Signature Loan with an estimated payoff of
$3,968.62; and
(M) PSECU Home Equity Loan with an estimated payoff f
$15,570.80; and
(N) providian Credit Card Loan NO. xxxx.,.3570 with n
estimated payoff of $1,500.00; and
(0) Capital One Credit Card Loan NO. xxxx...5870 wit an
estimated payoff of $1,300; and
(P) Orchard Bank Credit Card Loan No. xxxx...0903 wi
an estimated payoff of $1,700.00; and
(Q) Autopass loan No. xxxx...0178 with an estimated
payoff of $350.00; and
(R) Amanda Yoder loan to Husband in the amount of
$1,500.00.
Husband and Wife acknowledge that they are aware of their
respective rights pursuant to the Divorce Code of 1980, as
5
amended, to obtain formal valuations or appraisals of the mar tal
residence, any and all retirement assets, and other items of
marital property. However, the parties agree that they will ot
undertake this expense and acknowledge that no financial
disclosures are attached to this agreement as separate exhibi s or
schedules. The parties hereby waive any necessity for completOng
or attaching any financial disclosure(s). Each party further
acknowledges the opportunity to attach a full and complete
financial disclosure and that such disclosure is not desired t
effectuate a fair and equitable resolution of their marital
rights, duties and obligations as provided in the Divorce Code of
1980, as amended.
6. PERSONAL PROPERTY
Husband and Wife hereto mutually agree that they hav
effected a satisfactory division of the furniture, household
furnishings, appliances and other household personal property
between them, and they mutually agree that each party shall fr m
and after the date hereof be the sole and separate owner of al
such tangible personal property presently in his or her
possession, whether said property is heretofore owned jointly 0
individually by the parties hereto, and this Agreement shall ha e
the effect of an assignment or bill of sale from each party to he
other for such property as may be in the individual possessions of
each of the parties hereto.
Husband and Wife agree that they have divided between
themselves, to their mutual satisfaction, all items of tangible
and intangible marital property. Neither party shall make any
claim to any such items of marital property, or of the separate
personal property of either party, which are now in the possess'on
and/or under the control of the other.
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From and after the date of the signing of this Agree ent
both parties shall have complete freedom of disposition as to
their separate property which is in their possession or contro
pursuant to this Agreement and may mortgage, sell, grant, conv y
or otherwise encumber or dispose of such property, whether rea or
personal, whether such property was acquired before, during or
after marriage, and neither Husband nor Wife need join in, con ent
to, or acknowledge any deed, mortgage, or other instrument of he
other pertaining to such disposition of property.
7. REAL ESTATE 2424 Dickinson Avenue, Ca~Hill,
pennsylvania
(i) Proceeds from sale of marital residence, Husband and ife
agree that their jointly owned real estate located at 2424
Dickinson Avenue, Borough of Camp Hill, Pennsylvania, 17011 ha
been sold and the proceeds have been distributed to the mutual
satisfaction of Husband and Wife. In addition, Husband and Wi e
acknowledge that the following debts or obligations have been
satisfied following settlement:
(a) PSECU Mortgage with a payoff of $115,617.12; and
(b) PSECU Home Equity mortgage or line of credit with a
payoff of $15,570.80; and
(c) PSECU Signature loan ~n the estimated amount of
$3,968.62; and
(d) providian credit card debt ~n joint names with an
estimated payoff of $1,500.00; and
(e) Capital One Credit card debt in Husband's name with an
estimated payoff of $1,300.00; and
(f) Orchard Bank account loan in Husband's name with an
estimated payoff in the amount of $1,700.00; and
(g) Amanda Yoder's loan with an estimated payoff of
$1,500.00.
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8. HUSBAND'S RETIREMENT ACCOUNTS
A. Husband's IRA with PRUCO Annuity (Account E1438~
Husband and Wife hereby agree that this account titled l the
name of Husband with a value of $87,325.76 shall be divided
between Husband and Wife in accordance with this paragraph as soon
as conveniently may be done following execution of this Agree ent.
Wife shall be entitled to and shall receive Forty-Eight Thous nd
Dollars ($48,000.00) from the PRUCO Annuity (Account E143878),
and Husband shall fully complete all necessary forms to
effectuate said transfer. Wife shall fully cooperate with
establishing a separate account through PRUCO or another
appropriate financial institution so as to all for complicance
with this paragraph. It is the intention of the parties that his
transfer shall occur within thirty (30) days after the executi n
of this Agreement. Further, in the event a Qualified Domestic
Relations Order is necessary to effectuate said transfer, Husb nd
and wife agree to execute a Qualified Domestic Relations Order to
effectuate the purposes of this paragraph.
B. Husband's Mail Contractor's of America, Inc. Investmen
account
Husband and Wife hereby agree that this account shall
maintained by Husband, and that Wife waives any interest in sa'd
account or marital asset.
9. DEBTS OF HUSBAND AND WIFE
Husband and wife acknowledge that they have incurred
various marital, (joint and separate) debts prior to separation,
Husband and Wife agree that Husband shall assume full liability
and hold Wife harmless from any liability for any and all consu er
or other debt in Husband's name. Husband and Wife agree that W fe
8
shall assume full liability and hold Husband harmless from an
liability for any and all consumer or other debt in Wife's na e.
Specifically, Husband shall assume the following debts w th
the listed estimated balances, and hold Wife forever harmless from
payment thereon:
Lender
a. PSECU
(8901837024)
Principal Balan e
$4,000.00
Account Number
(1997 Toyota Corolla)
Specifically, Wife shall assume the following debts with he
listed estimated balances, and hold Husband forever harmless f om
payment thereon:
Lender Account Number Principal ~alanc
(8901837024)
$12,818.00
a. PSECU
(2000 Toyota Camry)
10. MOTOR VEHICLES
Husband and Wife agree that Wife shall be entitled t
have the sole and exclusive control, benefit, use and title of the
2000 Toyota Camry or the proceeds thereof. Husband and Wife a ree
that Husband shall be entitled to have the sole and exclusive
control, benefit, use and title of the 1997 Toyota Corolla and he
1988 Ford Bronco II. Titles to the motor vehicles shall be
transferred within thirty (30) days from the date of this
Agreement to the party receiving title in accordance with this
Agreement, if necessary, upon full payment of the loan encumber ng
the title to said motor vehicles. The party obtaining possessi n
of any vehicle under the terms of this paragraph shall be solel
and exclusively responsible for any loan, lease or encumbrance
thereon, and that party agrees to indemnify and hold the other
party harmless from any and all claims, demands, actions or
judgments arising therefrom.
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11. MISCELLANEOUS
(A) Checkinq/Savings Accounts. The parties hereto
acknowledge and agree that any and all savings and checking
accounts, as well as certificates of deposit, owned by them
jointly or singly, have been divided to their mutual and
individual satisfaction.
(B) The parties hereto acknowledge and agree that an
and all life insurance policies owned by them jointly or singl
have been divided to their mutual and individual satisfaction.
Specifically, Husband and Wife agree that Husband shall mainta n
Wife as the beneficiary of his current life insurance policy
through the prudential Insurance through June of 2007. Husband
shall provide evidence of the existence of such beneficiary st tus
to wife at wife's reasonable request. Husband shall be the sol
owner of his stock certificates with Lowes.
(C) The division of existing marital property is no ,
except as otherwise expressly provided herein, intended by the
parties to constitute in any way, a sale or exchange of assets and
the division is being affected without the introduction ot outside
funds or other property not constituting a part of the marital
estate. As a part of an equitable division of the marital
properties and the marital settlement herein contained, the
parties hereto agree to save and hold each other harmless from 11
income taxes assessed against the other resulting from the
division of the property as herein provided.
(D) Each party represents and warrants t:o the other t at
he or she has not incurred any debt, obligation or other
liability, other than those described in this Agreement, on whi h
the other party is or may be liable. A liability not disclosed in
this Agreement will be the sole responsibility of the party who
has incurred or may hereafter incur it, and such party agrees t
pay it as the same shall become due, and to indemnify and hold he
10
other party and his or her property harmless from any and all such
debts, obligations and liabilities.
(E) Each party represents and warrants to the other that
they shall file separate income tax returns for t;ax year 2004 nd
thereafter. Information maintained by one party which is
necessary to complete any income tax return shall not be
unreasonably withheld upon the request of either party.
12. ALIMONY
(a) Amount and Term. In recognition of the criteria set orth
In 23 Pa. Cons. Stat. Ann., ~ 3701 et seq., Husband agrees to nd
shall pay to Wife as alimony the sum of TWO HUNDRED FIFTY
DOLLARS ($250.00) PER MONTH, payable on the first day of e ch
month, commencing on December 1, 2004 and continuing through
November 30, 2012. Husband and Wife shall cooperate with sett ng
up bank or other accounts so as to provide for the payment of
alimony herein by automatic or electronic transfer to Wife's b nk
or other account as directed by Wife. In the even1: electronic
transfer is not available, nothing herein shall prevent such
payment to be made directly from Husband to Wife by check or m ney
order. A proposed Alimony Order is attached hereto as Exhibit n n
(b) Nonmodifiable Alimony Husband and Wife hereby
acknowledge that Alimony shall not be subject to any increase 0
decrease in amount and/or duration and that it is the specific
intention of the parties that alimony provided for herein shall be
non-modifiable through November 30, 2012.
(c) Death In the event of the death of either party, alim ny
shall terminate.
(d) Remarriage In the event of the remarriage of Wife, or
wife's cohabitation with a unrelated person of the opposite sex
alimony shall terminate.
(e) Termination Alimony shall forever cease as of November
30, 2012, provided Husband is current on all payments as :requir d
11
hereunder.
(f) No claim aqainst Husband's Estate In no event sha 1
such alimony payments be construed as a claim upon or against
Husband's Estate.
(g) Tax Consequences This Agreement has been negotiate on the
agreement that the alimony payments described in this Paragrap 12
will be deductible by Husband and taxable to Wife. Therefore, 't is
the intention, understanding and agreement of the parties that the
payments described in this paragraph 12, to the extent permitt d by
law, shall constitute "periodic" payments payable by reason of the
"marital or family relationship" of the parties, as those term are
defined in Section 71 of the Internal Revenue Code of 1954, as
amended, and accordingly that all such payments shall be inclu ed in
Wife's gross income and deductible by Husband for federal inca e tax
purposes pursuant to Sections 71 and 215 of the Internal Reven e Code
of 1954, as amended, respectively. Wife agrees to report payme ts
received under this paragraph 12 in her gross income for feder 1 and,
if applicable, for local and state income tax purposes. Wife s all be
solely responsible for any and all income taxes with respect t any
payments received by her as alimony as required by this Paragr 12,
(h) Court Order Husband and Wife agree that this Agreem
shall be reduced to an Order of Court and entered as part of t e
Decree in Divorce, and both parties shall cooperat:e in reducin such
to an Order of Court, if required or demanded.
13. HEALTH INSURANCE:
Husband and Wife acknowledge that both parties shall ssume
full responsibility for health insurance upon execution of this
Agreement upon the entry of a final divorce in this circumstanc
however, nothing herein shall prevent Husband or Wife from seek ng
health insurance through COBRA, to the extent such is currently
available through the parties employers.
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14. SUPPORT FOR CHILD AND SPOUSAL SUPPORT
Husband and Wife agree that a child and spousal suppor
action has been commenced at docket number 0056 S 2001 in the
Domestic Relations Section of the Court of Common pleas of Cu
County. Upon the entry of the Alimony Order as required in t
preceding paragraph 12, wife shall notify the Domestic Relati
Section of the Court of Common Pleas of Cumberland County that
spousal support award entered against Husband in the docket nu
0056 S 2001 shall be terminated, subject to continuing alimony as
required above. Nothing herein shall affect Husband's child su port
obligation as required per PACSES Case Number 491102985.
15. CUSTODY
Husband and Wife agree and acknowledge as follows
(A) Mother and Father shall have shared legal custody of the
child, meaning that both parents shall make joint decisions
concerning the child's education, serious medical decisions af ecting
the child and religious instruction; and
(B) Mother shall have primary physical custody of the hild;
and
(Cl Mother and Father agree that Father shall have
periods of partial physical custody other times as the parties may
agree.
16. SUBSEQUENT DIVORCE
A decree in divorce entered by a court of competen
jurisdiction to either party shall not suspend, supersede or af ect
the terms of this Agreement. Both parties agree, if requested, to
enter a Consent Order or Orders concerning the provisions of th's
Agreement in the Court of Common Pleas of Cumberland County,
Pennsylvania, or any other Court of competent jurisdiction, as part
of a resolution of any divorce action filed or to be filed. Th s
Agreement, and the terms and conditions contained herein, as we I as
the enforcement of said terms and conditions, shall not be and slare
13
not contingent upon the granting of a Divorce Decree to eithe party
by the Court of Common pleas of Cumberland County, Penn sylvan a, or
any other Court of competent jurisdiction. Furthermore, both parties
hereto agree, if requested, to execute the appropriate affida its and
consents to secure a No-fault Divorce as may be required by t e
Divorce Code, as amended, to terminate their marriage by mutu
consent without counselling.
17. ENTIRE AGREEMENT
This Agreement contains the entire understanding
parties and there are no representations, warrant:ies, covenan
undertakings other than those expressly set forth herein.
and Wife acknowledge and agree that the provisions of this
with respect to the distribution and division of marital and s
property are fair, equitable and satisfactory to them based on
length of their marriage and other relevant factors which have
taken into consideration by the parties. Both parties hereby
the provisions of this Agreement with respect to the division f
property in lieu of and in full and final settlement and satis action
of all claims and demands that they may now have or hereafter ave
against the other for equitable distribution of their property by any
court of competent jurisdiction pursuant to Section 3502 of th
Divorce Code or any amendments thereto. Husband and Wife each
voluntarily and intelligently waive and relinquish any right t seek
a court ordered determination and distribution of marital prop rty,
but nothing herein contained shall constitute a waiver by eith r
party of any rights to seek the relief of any court for the pu pose
of enforcing the provisions of this Agreement.
18. VOLUNTARY EXECUTION
The provisions of this Agreement and their legal E,ffect have
been fully explained to the parties by their respective counsel, and
each party acknowledges that the Agreement is fair and equitabl ,
14
that it is being entered into voluntarily, with full knowledg of the
assets of both parties, and that it is not the result of any
or undue influence. The parties acknowledge that: they have b
furnished with all information relating to the financial affa'rs of
the other which has been requested by each of them or by thei
respective counsel.
19. ADDITIONAL INSTRUMENTS
Husband and Wife shall from time to time at the reques of
the other, execute, acknowledge and deliver to the other party any
and all further instruments that may be reasonably required to give
full force and effect to the conditions of this Agreement.
20. MODIFICATION AND WAIVER
Any modification or waiver of any of the provisions of this
Agreement shall be effective only if made in writing and execu ed
with the same formality as this Agreement. The failure of eit er
party to insist upon strict performance of any of the provisio s of
this Agreement shall not be construed as a walver of any subse uent
default of the same or similar nature. The waiver of any term,
condition, clause or provision of this Agreement shall in no w y be
deemed or construed as a waiver of any other term, condition, lause
or provision of this Agreement.
21. BREACH
If either party hereto breaches any provision of l:his
Agreement, the other party shall have the right, at his or her
election, to sue for such breach, or seek other remedies or rel'ef as
may be available to him or her. Both parties agree and are awar that
noncompliance with any provision of this Agreement permits eith r
party to pursue appropriate legal remedies, including sanctions as
set forth in 23 Pa. C.S.A. ~3105.
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Each party further hereby agrees to save and hold har
the other party from any and all attorneys' fees, costs and I
expenses and expenses that either may sustain, or incur
liable or answerable for, in any way whatsoever, or shall pay
or in consequence of, any default or breach by the other of a of
the terms or provisions of this Agreement by reason of which 'ther
party shall or shall be obliged to retain or engage counsel to
initiate or maintain or defend proceedings against the other a law
or equity or both or in any way whatsoever, provided that the arty
who seeks to recover such attorneys' fees, costs and legal exp nses
and expenses must first be successful in whole or in part, bef re
there would be any liability for attorneys' fees, costs, legal
expenses and expenses. It is the specific agreement and inten of
the parties that a breaching or wrongdoing party shall bear th
burden and obligation of any and all costs and expenses and co nsel
fees incurred by the other party in endeavoring to protect and
enforce his or her rights under this Agreement.
All remedies provided by law and all remedies pro ided
for in this Agreement for enforcement of the Agreement shall b
deemed to be cumulative and the exercise of one remedy shall
or prevent the pursuit of any other remedy and either party ma elect
to pursue such remedies simultaneously and the exercise of a r
one or more times shall not exhaust its use or prevent further
pursuit of such remedy.
22. ATTORNEY FEES AND COSTS
Husband and Wife shall each assume their respectiv
counsel fees as part of the divorce action commenced in the cas
23. DESCRIPTIVE HEADINGS
The descriptive headings used herein are for conve ience
They shall not have any effect whatsoever in determining the
or obligations of the parties.
24. INDEPENDENT SEPARATE COVENANTS
only.
rights
16
It lS specifically understood and agreed by and etween
the parties hereto that each paragraph hereof shall be deemed to be a
separate and independent covenant and agreement.
25. APPLICABLE LAW
This Agreement shall be construed under the laws f the
Commonwealth of Pennsylvania. For contract interpretation pa les,
this Agreement was prepared jointly by both parties.
26. VOID CLAUSES
If any term, conditions, clause or provision of t lS
Agreement shall be determined or declared to be void or invali In
law or otherwise, then only that term, condition, clause or pr vision
shall be stricken from this Agreement and in all other respect this
Agreement shall be valid and continue in full force, effect an
operation.
27. BINDING AGREEMENT
This Agreement shall be binding and shall extend 0 the
benefit of the parties hereto and their respective heirs, exec tors,
administrators, successors and assigns.
IN WITNESS
hands and seals the
WHEREOF, the parties have hereunto
day and year first above written.
set th ir
~Cstg
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EAL)
___( EAL)
. Yoder
17
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF A <!,~5
On this, the). day of rJt!!VE'~~eV , 2004, )efore
me, the undersigned officer, personally appeared Kenneth E. Yo~er
known to me (or satisfactorily proven) to be the person whose hame is
subscribed to the within instrument and acknowledged that he ekecuted
the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and of icial
seal.
4tI4U~:' fi1I:/uj+
' Notary Public
-_.-
COllU1\ission Expires:
NDtarial Seal
William F. Paules, Jr.. Nofaly Public
Cumbe~a~d TWp., Adams CDunty
L My ConunlSSiOn ExpiteS Nov. 10, 2005
MenDer. ~AooodalbJ OINo1aMs
to nv, I fJ f.ceJ--'
COMMONWEALTH OF PENNSYLVANIA
5S.
COUNTY OF CUMBERLAND
On this, the (}",-I day of /'Iou embrr- , 2004,
before me, the undersigned officer, personally appeared Kim B. oder,
known to me (or satisfactorily proven) to be the person whose n me is
subscribed to the within instrument and acknowledged that she
executed the same for the purposes therein contained.
seal.
IN WITNESS WHEREOF, I hereunto set my hand and off cial
"
1, /17. f.~~ ,_
ary Public ~~,-
COllU1\is s ion W:;;
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NOTARW..SEAI,
BECKy I.l. KNISELY, Notary PIAlllc
~ Boro. Cwnllelfand Co.
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Andrew C. sheely, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburq, PA 17055
PJI. :::D NeJ. 62469
717-691-7050 (Phone)
717-597-7065 (FaX)
KENNETH E. YODER,
Plaintiff
IN THE COURT OF COMMON PJ,EAS OF
CUMBERLAND COUNTY, PENNSYLVA IA
vs.
CIVIL ACTION - LAW
KIM B. YODER,
03 - 5950
CIVIL TERM
Defendant
IN DIVORCE
AND NOW, this
ORDER OF COURT
IN RE: AL~.. /""
1'O~ay of pJ~, 2004,
is here y
Ordered and Decreed that plaintiff, Kenneth E. Yoder,
to
Defendant, Kim B. Yoder, as alimony, the sum of TWO HUNDRED
FIFTY DOLLARS ($250.00) per month, payable on the first da of
each month, commencing on December 1, 2004 and continuing thro gh
November 30, 2012.
All payments of Alimony herein shall be made in accordanc
with and subject to the provisions of paragraph 12 of the atta hed
Post Nuptial Settlement Agreement, which shall be incorporated but
not merged in the Divorce Decree.
BY THE COURT,
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Michael A. Koranda, Esquire
Attorney for plaintiff
Andrew c. sheely, Esquire
Attorney for Defendant
Andrew C. sheely, Esquire
127 S. Market street
P.O. Box 95
Mechanicsburg, PA 17055
PA IS' NO. 62469
717-597-7050 (Phone)
717-697-7065 (Fax)
KENNETH E. YODER,
Plaintiff
IN THE COURT OF COMMON PLEAS 0
CUMBERLAND COUNTY, PENNSYLVANI
vs.
CIVIL ACTION - LAW
KIM B. YODER,
03 - 5950
CIVIL TERM
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on November 12, 2003.
2. The marriage of Plaintiff and Defendant is irretrievab y
broken and ninety (90) days have elapsed from the date of fili g
the Complaint.
3. I consent to the entry of a final decree of divorce af er
service of notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are ue
and correct. I understand that false statements
subject to the penalties of 18 Pa.C.S.A. Section 4904 relatin to
unsworn falsification to the authorities.
DATE:
!/~ 2-C)Y
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Andrew C. sheely, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (FaX)
KENNETH E. YODER,
Plaintiff
IN THE COURT OF COMMON PLEAS F
CUMBERLAND COUNTY, PENNSYLVAN A
vs.
CIVIL ACTION - LAW
:
KIM B. YODER,
03 - 5950
CIVIL TERM
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 330l(c) of the
Divorce Code was filed on November 12, 2003. I acknowledge th t I
filed an acceptance of service form on my behalf on December 1 ,
2003.
2. The marriage of Plaintiff and Defendant is irretriev bly
broken and ninety (90) days have elapsed from the date of fil" g
the Complaint.
3. I consent to the entry of a final decree of divorce fter
service of notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are rue
and correct. I understand that false statements herein are m de
subject to the penalties of 18 Pa.C,S.A. Section 4904 relatin to
unsworn falsification to the authorities.
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Andrew c. sheely, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA 10 NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
KENNETH E. YODER,
plaintiff
IN THE COURT OF COMMON PLEAS F
CUMBERLAND COUNTY, PENNSYLVAN A
vs.
CIVIL ACTION - LAW
KIM B. YODER,
03 - 5950
CIVIL TERM
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
S3301 (C) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divor e
without notice.
2. I understand that I may lose rights concerning
alimony, division of property, lawyer's fees or expenses if I 0
not claim them before a divorce decree 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 t e
prothonotary.
I verify that the statements made in this affidavit are
true and correct, I understand that false statements herein a e
made subject to the penalties of 18 Pa.C.S.A. Section 4904
relating to unsworn falsification to the authoritcies.
DATE:
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Andrew ~. Sheely, Esquire
127 S. Market Street
P.O. Box 95
Mech~nicsburg, PA 17055
FA ID NO. 62469
717-697-7050 (Phone)
717-697-7055 (Fax)
KENNETH E. YODER,
Plaintiff
IN THE COURT OF COMMON PLEAS F
CUMBERLAND COUNTY, PENNSYLVAN A
vs.
CIVIL ACTION - LAW
KIM B. YODER,
03 - 5950
CIVIL TERM
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
S3301 (C) OF THE DIVORCE CODE
1, I consent to the entry of a final decree of di orce
without notice.
2. I understand that I may lose rights conce ning
alimony, division of property, lawyer's fees or expenses if I do
not claim them before a divorce decree is granted.
3. I understand that I will not be divorced un il 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 wit the
prothonotary.
I verify that the statements made in this affidavi are
true and correct.
I understand that false stat:ements herei are
made subject to the penalties of 18 Pa.C.S.A. Section 4904
relating to unsworn falsification to the authorities.
DATE:
Me; v: I :J,/O fj-
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Ki B. Yoder
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KENNETH E. YODER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVA IA
vs.
CIVIL ACTION - LAW
KIM B. YODER,
03 - 5950
CIVIL TERM
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Kindly transmit the record, together with the following
information to the Court for entry of a Divorce Decree:
1. Grounds for Di vorce: Irretrievable breakdown under
Section 3301 (C) of the Pennsylvania Divorce Code.
2. Date and Manner of service of the complaint:
Acceptance of Service filed on December 10, 2003.
3. complete either paragraph (a) or (b).
(a) Date of execution of affidavit of consent required by
Section 3301 (C) of the Pennsylvania Divorce Code: by Plaintif on
November 2, 2004 and by Defendant on November 2, 2004.
(b) (1) Date of execution of the affidavit required by
Section 3301 (d) of the Divorce code: Not applicable: (2) Date of
filing and service of the plaintiff's affidavit upon the
respondent: Not applicable.
4. Related claims pending: The separation and Prope ty
Settlement Agreement dated November 2, 2004 and Alimony Order e
incorporated but not merged in the Decree in Divorce.
5. Complete either (a) or (b),
(a) Date and manner of service of the notice of intentio
to file praecipe to transmit record, a copy of which is a.ttache
_ __ _ Not applicable
(b) Date Plaintiff's Waiver of Notice in Section 3301 (
was filed with the Prothonotary. November 11-, 2004.
Date Defendant's Waiver of Notice in Section 3301 (C)
Divorce was filed with the Prothonotary. November l~ 2004.
~1:i c('s~squne-
Attorney for Defendant
---
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IN THE COURT OF COMMON PLEA
OF CUMBERLAND COUNTY
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PENNA.
STATE OF
KENNETH E. YODER,
PLAINTIFF
No,
03
5950
VERSUS
KIM B. YODER,
CIVIL ACTION - LA W
IN DIVORCE
DEFENDANT
DECREE IN
DIVORCE
~~tB
I
J: j~ set
2004
, IT IS ORDERE
AND NOW,
KENNETH E. YODER
DECREED THAT
, PLAINTIFF,
KIM B. YODER
AND
, DEFENDAN ,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLA,MS WH,C HAVE
BEEN RAISED OF RECORD ,N THIS ACT,ON FOR WHICH A F'NAL ORDER HA NOT
YET BEEN ENTERED;
The Scparation and Property Settlemcnt Agrecment dated November 2,2004, and Ali 110n)
Ordcr arc incorporatcd but not mcrged in this Decrcc in Divorcc.
By THE COURT:
PROTHONO ARY
. .
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