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HomeMy WebLinkAbout04-0933KELLY A. YODER, Plaintiff MARK L. YODER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, this day of March, comes the Plaintiff, Kelly A. Yoder, by and through her attorneys Joanne Harrison Clough and REAGER & ADLER, P.C., and respectfully files this Custody Complaint and in support thereof avers as follows: 1. Plaintiff is Kelly A. Yoder, residing at 723 Old Spring Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Mark L. Yoder, residing at 856 Eppley Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Name Present Address Age Zachary Yoder 723 Old Spring Road 13 Mechanicsburg, PA 17055 4. The child was not born out of wedlock. The child is presently in the custody of Plaintiff Kelly A. Yoder who resides at 723 Old Spring Road, Mechanicsburg, Cumberland County, Pennsylvania. following address(es): Name Kelly A. Yoder (mother) Kurt Yoder (brother) During the past five (5) years, the child has resided with the following persons at the Address 723 Old Spring Road Dates 3-1-04 to present Mark L. Yoder Kurt Yoder Laura Linta (father) (brother) (father's girlfriend) Kelly A. Yoder (mother) Mark L. Yoder (father) Kurt Yoder (brother) 856 Eppley Road Mechanicsburg, PA 9-24-02 to 3-1-04 856 Eppley Road Mechanicsburg, PA 1999 to 9-24-02 6. The mother of the child is currently residing at 414 S. Market Street, Apt. 3, Mechanicsburg, Cumberland County, Pennsylvania. She is single. 7. The father of the child is currently residing at 865 Eppley Road, Mechanicsburg, Cumberland County, Pennsylvania. He is single. 8. The relationship of Plaintiff to the child is that of natural mother. Plaintiff currently resides with the following persons:. Name Kurt Yoder age 18 Zachary Yoder age 13 9. currently resides with the following persons: Name himself Relationship son son The relationship of Defendant to the child is that of natural father. Defendant Relationship 10. Plaintiff has not participated as a party or a witness, or in any other capacity in other VERIFICATION I, Kelly Yoder, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: 3~' EXHIBIT "A" N:\UserAccountskR&A Family Law\Client Directory\yoder, kelly,Marital Settlement Agreement #1.wpd September 24, 2002 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~}~k{ day of , 2002, by and between Kelly A. Yoder, (hereinafter "WIFE") and Mark L. Yoder, (hereinafter "HUSBAND"); WITN E S SETH: WHEREAS, the parties hereto were married on July 8, 1978, in Mechan/csburg, Cumberland County, Pennsylvania; and separated on August 6, 2002; and WHEREAS, the parties have two minor children of tiffs marriage, Kurt Yoder, born on 11-5-85 and Zachary Yoder, born on 11-30-90; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not lLmited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: N:\UserAccounts~R&A Family Law\Client Direetory\yod~r, kelly~Vlahtal Settlement Agreement #1.wpd September 24, 2002 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Joanne Harrison Clough, Esquire of REAGER & ADLER, PC. HUSBAND has been advised of his right to be represented by counsel of his own selection in the negotiation and/or execution of this Agreement, but has elected not to retain counsel and desires to represent himself in this matter. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosttre of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to § 3301(c) of the Divorce Code. A divorce action was filed by WIFE with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No. 02-3768 on August 2, 2002. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. Page 2 of 12 N:\UserAcco tm'~kRSt. A Family Law\Client Directory\yoder, kelly\Marital Settlement Agreement #1.wpd September 24, 2002 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties ff they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims a~ising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other COUlltry. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. Page 3 of 12 N:\UserAccounts\R&A Family kaw\Client Directory\yoder, kellyWfarital Settlement Agreement #1.wpd September 24, 2002 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were married. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. ~"{,, The parties are the joint owners of real property located at 8~3 Eppley Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. In consideration of the property transfers set forth in this Agreement, and in consideration of HUSBAND tendering the cash Page 4 of 12 N:\UserAccountz\R&A Fan~ly Law\Client Directory\yoder, kellyhMarital SettIement Agreement #1.wpd September 24, 2002 payment of THIRTY-FOUR THOUSAND ($34,000.00) DOLLARS to WIFE and HUSBAND refinancing the debt on said residence into his sole name and obligation and removing WIFE as an obligor thereon, WIFE agrees to execute a deed transferring any and all of her right, title, claim or interest she may have whatsoever in said real property to HUSBAND. HUSBAND agrees to indemnify WiFE and hold her harmless on any mortgage, tax, utility or other obligation associated with said real property. 8. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. HUSBAND agrees to be solely responsible for the following debt obligations: A. Home Depot B. All his credit accounts in his sole name C. Dell Computer debt WIFE agrees to be solely responsible for the following debt obligations: A. Capital One Visa B. Members 1st Visa C. Goods Furniture WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or inct~r any debt or liability for which HUSBAND or his Page 5 of 12 N:\UserAccounts\R&A Farmly Law\Client Directory\yoder, kellyWiarital Settlement Agreement gl.wpd September 24, 2002 estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 9. RETIREMENT BENEFITS. HUSBAND is the owner of an IRA retirement account with an approximate balance of $24,000.00. WIFE is the owner of an IRA account with an approximate balance of $4,000.00. HUSBAND hereby agrees to transfer to WIFE via a rollover from his IRA to her IRA the sum of TEN THOUSAND ($10,000.00) DOLLARS. The parties specifically waive any and all other retirement benefits obtained by the parties pre-marriage, during marriage, and post-separation. The individual who holds said benefits shall own the property solely and individually. Each party waives their right to title and interest to the other party's benefit. 10. BANK ACCOUNTS. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accourt/s. 11. COYOTE CUSTOM CYCLES AND PARTS. WIFE agrees to transfer any and all right, rifle, claim or interest she may have in Coyote Custom Cycles and Parts to HUSBAND. HUSBAND shall retain said business as his sole and exclusive property as part of his share of equitable distribution of marital property. Page 6 of 12 N:\UserAccountsq~a~. Family Law\Client Directory\yoder, kellyWiarital Settlement Agreement #1.wpd September 24, 2002 12. PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. WIFE shall have the right to retain her additional items of personal property stored at the marital residence. HUSBAND shall retain the Dell Computer and the cell phones as his sole and exclusive property. 13. CUSTODY AND SUPPORT. HUSBAND and WIFE agree that the parties shall have shared legal custody of the minor children Zachary and Kur[ The parties further agree that the children shall reside with HUSBAND and that WIFE shall have liberal periods of partial physical custody of the children. HUSBAND agrees that in consideration of WIFE's agreement to pay one half of any non covered medical, dental or vision expenses of the children, HUSBAND shall not seek child support from WIFE. 14. VEHICLES. HUSBAND shall receive the 1998 Ford F-150 pick-up truck and WIFE waives any claim thereto. HUSBAND shall be solely responsible for the debt obligation on said vehicle and indemnify WIFE and hold her harmless thereon. HUSBAND and WIFE acknowledge that WIFE'S vehicle a 2002 Honda CRV is a leased vehicle and both parties are obligors on said lease agreement that expires in 2005. WIFE agrees to indemnify HUSBAND and hold him harmless on said obligation. Page 7 of 12 N:\UserAccounts~.&A Family Law\Client Directory\yoder, kellyWlarital Settlement Agreement #1.wpd September 24, 2002 15. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federallaw) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 16. HEALTH INSURANCE. WIFE shall continue to cover HUSBAND on her health insurance until November 30, 2002 or date of divorce, whichever first occurs. After November 30, 2002 WIFE is no longer obligated to provide said health insurance coverage for HUSBAND. 17. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, Page 8 of 12 N:\UserAccounts~.&A Family Law\Client Direc~y\yoder, kellyW/arital Settlement Agreement #1.wpd September 24, 2002 alimony, or maintenance. The parties further release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 17. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 18. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and ail costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 19. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b.) The right to obtain an income and expense statement of either party; Page 9 of 12 N:\UserAccotmts\R&A Family Law\Client Directory\yoder, kellyhMarital Settlement Agreement #!.wpd September 24, 2002 (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 20. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 21. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 22. APPLICABLE LAW. This Agreement shall be cons~xued under the laws of the Commonwealth of Pennsylvania. 23. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Page 10 of 12 N:\UserAccounts~&A Family LawkClient Directory\yoder, kellyWlarital Settlement Agreement #1.wpd Sept~raber 24, 2002 24. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. Witness Witness Page 11 of 12 N:\UserAecountsq~rA Family Law\Client Directory\yocler, kelly~Vlarital Settlement Agreement #1.wpd September 24, 2002 COMMONWEALTH OF PENNSYLVANIA COUNTYO ss. On the ~"{- day of ,2002, before me, a Notary Public in and for the Commonwealth of Pefmsylvania, the undesigned officer, personally appeared Kelly A. Yoder, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notary Public My Commission Expires: COMMONWEALTH OF : : SS. EI.LEN ROSENBLOOM Notary Public Cltlt of I~al'flsbur~, Dau ,p~.in COUNTY OF : On the ~ L~ day of ,2002, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undesigned officer, personally appeared Mark L. Yoder, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year f-krst above written. Notary Public My Commission Expires: Page 12 of 12 KELLY A. YODER, Plaintiff MARK L. YODER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~;c/_ ,~a CIVIL ACTION - LAW 1N CUSTODY PETITION FOR EMERGENCY CUSTODY ORDF~R AND NOW, this __day of March, comes the Plaintiff, Kelly A. Yoder, by and through her attorneys, Joanne Harrison Clough and REAGER & ADLER, P.C., and respectfully files this Petition for Emergency Custody Order, and, in support thereof, avers as follows: 1. Plaintiff is Kelly A. Yoder, residing at 723 Old Spring Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Mark L. Yoder, residing at 856 Eppley Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff filed a Custody Complaint contemporaneously with the filing of this Petition for Emergency Custody Order. 4. Plaintiff seeks custody of the following child: Name Present Address Age Zachary Yoder 723 Old Spring Road 13 Mechanicsburg, PA 17055 5. The child is presently in Plaintiff's physical custody since 3-1-04 when Defendant was arrested. WHEREFORE, Plaintiff requests the Court to grant her sole physical and sole legal custody of the minor child, Zachary Yoder, until further Order of Court. Dated: March 2, 2004 Respectfully Submitted, REAGER & ADLER, P.C. Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff squire VERIFICATION I, Kelly Yoder, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: EXHIBIT "A" N:\UserAccounts~R&A Family Law\Client Directo~y\yoder, kellyWiarital Settlement Agxeement #1.wpd September 24, 2002 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ,,~ day of ,. j 2002, by and between Kelly A. Yoder, (hereinafter "WIFE") and Mark L. Yoder, (hereinafter "HUSBAND"); WI TN E S S E TH: WHEREAS, the parties hereto were married on July 8, 1978, in Mechanicsburg, Cumberland County, Pennsylvania; and separated on August 6, 2002; and WHEREAS, the parties have two minor children of this marriage, Kurt Yoder, born on 11-5-85 and Zachary Yoder, born on 11-30-90; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alLmony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: N:\UserAccounts~R&A Family Law\Client Dkeetory\yoder, kelly2vlarital Settlement Agreement #1.wpd September 24, 2002 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Joanne Harrison Clough, Esquire of REAGER & ADLER, PC. HUSBAND has been advised of his right to be represented by counsel of his own selection in the negotiation and/or execution of this Agreement, but has elected not to retain counsel and desires to represent himself in this matter. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to § 3301(c) of the Divorce Code. A divorce action was filed by WIFE with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No. 02-3768 on August 2, 2002. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement. This Agreement shall remain in full force and effect after such lime as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. Page 2 of 12 N:\UserAccountskK&A Family Law\Client Directory\yoder, kelly\Marital Settlement Agreement gl.wpd September 24, 2002 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. Page 3 of 12 N:\UserAccountsXR&A Family Law\Client Directory\yoder, kelly~vlarital Settlement Agreement itl.wpd September 24, 2002 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the tirne of separation or currently o_nd that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall at all ffmes hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as ff they were tm_married. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. ~, The parties are the joint owners of real property located at 8~J Eppley Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. In consideration of the property transfers set forth in this Agreement, and in consideration of HUSBAND tendering the cash Page 4 of 12 N:\UserAccounts\R&A Family Law\Client Directory\yoder, kellyhMaritaI Settlement Agreement gl.wpd September 24, 2002 payment of THIRTY-FOUR THOUSAND ($34,000.00) DOLLARS to WIFE and HUSBAND refinancing the debt on said residence into his sole name and obligation and removing WIFE as an obligor thereon, WIFE agrees to execute a deed transferring any and all of her right, title, claim or interest she may have whatsoever in said real property to HUSBAND. HUSBAND agrees to indemnify WIFE and hold her harmless on any mortgage, tax, utility or other obligation associated with said real property. 8. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. HUSBAND represents and warrants to WiFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. HUSBAND agrees to be solely responsible for the following debt obligations: A. Home Depot B. All his credit accounts in his sole name C. Dell Computer debt WIFE agrees to be solely responsible for the following debt obligations: A. Capital One Visa B. Members 1st Visa C. Goods Furniture WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his Page 5 of 12 N:\UserAccounts\R&A Family Law\Client D/rectory\yoder, kelly,Marital Settlement Agreement #1.wpd Sepl~mber 24, 2002 estate might be responsible, and he shah indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 9. RETIREMENT BENEFITS. HUSBAND is the owner of an IRA retirement account with an approximate balance of $24,000.00. WIFE is the owner of an IRA account with an approximate balance of $4,000.00. HUSBAND hereby agrees to transfer to WIFE via a rollover from tzis IRA to her IRA the sum of TEN THOUSAND ($10,000.00) DOLLARS. The parties specifically waive any and all other retirement benefits obtained by the parties pre-marriage, during marriage, and post-separation. The individual who holds said benefits shall own the property solely and individually. Each party waives their right to title and interest to the other party's benefit. 10. BANK ACCOUNTS. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 11. COYOTE CUSTOM CYCLES AND PARTS. WIFE agrees to transfer any and all right, title, daim or interest she may have in Coyote Custom Cycles and Parts to HUSBAND. HUSBAND shall retain said business as his sole and exclusive property as part of his share of equitable distribution of marital property. Page 6 of 12 N:\UserAccounts\RS~A Family Law\Client Directory\yoder, kelly~Vlarital Settlement Agreement #1.wpd September 24, 2002 12. PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. WIFE shall have the right to retain her additional items of personal property stored at the marital residence. HUSBAND shall retain the Dell Computer and the cell phones as his sole and exclusive property. 13. CUSTODY AND SUPPORT. HUSBAND and WIFE agree that the parties shall have shared legal custody of the minor children Zachary and KurL The parties fttrther agree that the children shall reside with HUSBAND and that WIFE shall have liberal periods of partial physical custody of the children. HUSBAND agrees that in consideration of WIFE's agreement to pay one half of any non covered medical dental or vision expenses of the children, HUSBAND shall not seek child support from WIFE. 14. VEHICLES. HUSBAND shall receive the 1998 Ford F-150 pick-up truck and WIFE waives any claim thereto. HUSBAND shall be solely responsible for the debt obligation on said vehicle and indemnify WIFE and hold her harmless thereon. HUSBAND and WIFE acknowledge that WIFE'S vehicle a 2002 Honda CRV is a leased vehicle and both parties are obligors on said lease agreement that expires in 2005. WIFE agrees to indemnify HUSBAND and hold him harmless on said obligation. Page 7 of 12 N:\UserAceounls\R&A Family Law\Client Directory\yodel', kellyWlar/tal Settlement Agreement #1.wpd September 24, 2002 15. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federallaw) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including ali attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 16. HEALTH INSURANCE. WIFE shall continue to cover HUSBAND on her health insurance until November 30, 2002 or date of divorce, whichever first occurs. After November 30, 2002 WIFE is no longer obligated to provide said health insurance coverage for HUSBAND. 17. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, Page 8 of 12 N:\UserAccounts~A Fam/ly Law\Client Directory\yoder, kellyWlarital Settlement Agreement #1.wpd September 24, 2002 alimony, or maintenance. The parties further release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 17. A'I-I'ORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 18. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 19. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obh2n an inventory and the appraisement of all marital and non-marital property; (b.) The right to obtain an income and expense statement of either party; Page 9 of 12 N:\UserAccountsLR&A Family Law\Client Directory\yoder, kellyWiat/tal Settlement Agreement #1.wpd September 24, 2002 (c.) (d.) (e.) The right to have all property identified and appraised; The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 20. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 21. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 22. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 23. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Page 10 of 12 N:\Us~rAccountsXR&A Fanfily [aw\Client Directory\yoder, kelly~vlarital Settlement Agreement #1.wpd September 24, 2002 24. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. V~itness Witness Mark L. Y~ze~ Page 11 of 12 N:\UserAccountsXR&A Family Law\Client Directory\yoder, kellyWiarital Settlement Agreement #1.wpd September 24, 2002 COMMONWEALTH OF PENNSYLVANIA : COUN~ o~ O_ ~, ~ ~ :: ss. On the ~--~-__ day of , 2002, before me, a Notary Public in and for the Commonwealth of Pefinsylvania, the undesigned officer, personally appeared Kelly A. Yoder, known to me (or satisfactory proven) to be one of the parties executing the foregoing instnnment, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notary Public My Commission Expires: COMMONWEALTH OF NOIARIAL SEAL I SS. J ELoL~,EIELLEN ROSENBLOOM, N0tar'/Public J City of Ilarrisburg, Dauphin County J COUNTY OF L_~ _.e/nmi[sion Erxpire~~ On theday of .~_2~q ,2002, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undesigned officer, personally appeared Mark L. Yoder, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notary Public My Commission Expires: Page 12 of 12 KELLY A. YODER, Plaintiff MARK L. YODER, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION-LAW IN CUSTODY ORDER AND NOW, this _~1~ day of~, 2004, upon review of the attached Petition For Em. ergency Custody Order, it is hereb, y ORD~ERED. an~d D~EC~.~E~D, that Plaintiff ~ ~ ~ ~ ~ ~~hild, Zachary Kelly Yoder sl;~;l Lz :::.':r_:_ :z .... t,:- .......~ ~ - ........... ~ Yoder endin~ further Order of Co . - KELLY A. YODER PLAINTIFF MARK L. YODER DEFENDANT IN '/'HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-933 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednes__day, March 10, 2004 __, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear be~bre Melissa P. Gree~, the conciliator at __ 301 Market Street, Lem.~yne, PA 17043 --. ~ on Monday, April 12, 2004.~.~ at I:00~PM for a Pre-Hearing Custody Conference. At such conference, an effbrt will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children are five or older may also be present at the conference. Failure to al~pear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl~. FOR THE COURT, By: /s/ -l}lqIiIsa P. Ga?~,2jl~~ Custody Conciliator The Court of Common Pleas of Cumberland Coun ', , . Amer~caus with Disabilites Act of 1990 For ',,¢,, · ty ~s requlr, ed by law to comply vath the · ~,.L,,rmat~on about accessible facilities and reasonable accommodations avmlable to d~sabled ~ndiv~duals ~avmg busmes~ before the court, please contact our office. All arrangements must he made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN A'ITORNEy OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 APR 0 200,1 KELLY A. YODER, MARKL. YODER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-933 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OFCOURT AND NOW, this ~' day of/J4~ri~', 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Kelly A. Yoder and Mark L. Yoder, shall have shared legal custody of the minor child, Zachary Yoder, born November 30, 1990. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of visitation and partial custody which shall be arranged as follows: A. Commencing Thursday, April 15, 2004, and continuing thereafter weekly on one weeknight when the parties' older son is not working, from 5:30 p.m. to 8:30 p.m., Father shall have supervised visitation. B. Commencing Saturday, April 17, 2004, and continuing weekly on either Saturday or Sunday from Noon until 5:00 p.m., Father shall have supervised visitation. C. For those contacts with Father which are supervised, the supervision shall be provided by Barry and Paula Yoder. 3. Father's counsel shall arrange for a status report from Father's therapist detailing his progress, treatment compliance, attendance and achievement of goals in therapy through May 7, 2004. This report shall be shared between counsel. Assuming that NO. 04-933 CIVIL TERM Father has been appropriately compliant with treatment and this Order: A. Effective May 10, 2004, Father's periods of supervised visitation shall become unsupervised periods of partial custody; and that period weekends. Effective May 15, 2004, Father's weekend visits shall be expanded to from Saturday at Noon until Sunday at 6:00 p.m. on alternating 4. Father shall continue to participate in outpatient counseling at New Insights, as recommended and in 12-Step meetings. Additionally, Father shall participate in family counseling with Zachary. The parents will participate as recommended by the therapist. Calls to initiate the commencement of this therapy shall be made by Father no later than April 16, 2004. 5. For a period of twelve hours before and continuing throughout any period of supervised visitation or partial custody with the minor child, the parties shall consume no alcoholic beverages nor possess or use controlled substances whatsoever. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. Father is advised that the terms of this Order which require his abstinence shall be strictly construed. 6. The Custody Conciliation Conference shall reconvene on June 8, 2004 at 1:00 p.m. at the office of the Custody Conciliator, Meli=ssa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. It is contemplated at the time the Custody Conciliation Conference reconvenes that the parties will review Father's schedule of partial custody and further expansion of Father's time will be considered. ~ COURT' BY TF~,,~ Dist: Joanne H. Clough, Esquire, 2331 Market Street, Camp Hill, PA 17011 Michael A. Koranda, Esquire, 219 State Street, Harrisburg, PA 17101 KELLY A. YODER, MARK L. YODER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-933 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY' RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the [ollowing report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Zachary Yoder November 30, 1990 Mother 2. A Custody Conciliation Conference was held on April 12, 2004 following Mother's filing of a Complaint for Custody on March 4, 201:)4. The matter was referred to Custody Conciliation by Judge Guido who granted temporary primary physical custody to Mother pending the Conciliation. The March 9, 2004 Order was issued following Mother's Petition for Special Relief following a March 1, 2004 incident wherein Father was arrested for reckless endangerment after an incident with a 30-06 shot gun. Present for the conference were: the Mother, Kelly A. Yoder, and her counsel, Joanne Clough, Esquire; the Father, Mark L. Yoder, and his counsel, Michael A. Koranda, Esquire. 3. The parties reached an agreement f(9,~-E'TEm,~orary Order in the form attached, as ~a~e"'!- / Melissa Peel Greevy, Esquire Custody Conciliator :227300 KELLY A. YODER, MARKL. YODER, Plaintiff Defendant JUN 1 ~/Z004~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-933 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 7th day of June, 2004, the parties having reached an agreement which has been memorialized in a Stipulation to be filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FOR T~~T: Dist: Joanne H, Clough, Esquire, 2331 Market Street, Camp Hill, PA 17011 Michael A, Koranda, Esquire, 219 State Street, Harrisburg, PA 17101