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HomeMy WebLinkAbout04-1801HAROLD S. IRWIN~, III, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA '170'13 (747) 243-~090 ATTORNEY FOR pLAINTIFF JILL E. YINGST, Plaintiff Ve JAMES D. YINGST~ JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION o LAW : NO. 04- /~./ CIVIL TERM : 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 in 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 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, 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-243-3166 JILL E. YINGST, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENN8YLVANIA Vm JAMES D. YINGST, JR., : Defendant : IN DIVORCE : CIVIL ACTION - LAW : NO. 04 - /,,~ CIVIL TERM COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE NOW, comes the plaintiff, by her attorney, Harold S. Irwin, Iii, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Jill E. Yingst, an adult individual residing at 1191 Myerstown Road, Gardners, Cumberland County, Pennsylvania 17324. 2. The defendant is James D. Yingst, Jr., an adult individual residing at 1191 Myerstown Road, Gardners, Cumberland County, Pennsylvania 17324. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months pdor to the filing of this action in divorce. 4. The plaintiff and the defendant were married on May 14, 1988, in Carlisle, Cumberland County, Pennsylvania. 5. Pursuant to the Divome Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that he has been advised of the availability of counseling and that he has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. Aprilo~;~, 2004~ JILI~E, YINGS~ Praintiff AH tAt oRrOn eLyD fSo'r IpRlaWilnNtiffll' ~_.~ 64 South Pitt Street Carlisle, Pennsylvania t 7013 (717) 243-6090 Supreme Court ID No. 29920 JILL E. YINGST, Plaintiff JAMES D. YINGST~ JR., : Defendant : IN DIVORCE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. .' CIVIL ACTION - LAW : NO. 04- ~ CIVIL TERM PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. April ~2~_ ,2004 ' · ~ Jl~l[ E. YING~1', Plaintiff JILL E. YINGST, Plaintiff JAMES D. YINGST, JR., Defendant .' IN THE COURT OF COMMON PLEAS OF · . CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - L4,W : NO. 04 - /'~ / CIVIL TERM : IN DIVORCE ACCEPTANCE OF SERVICE I, James D. Yingst, Jr., defendant in this divorce action, hereby certify that I received a copy of the complaint in divorce on or before April 26, 2004, by personal service upon me at 64 South Pitt Street, Carlisle, PA 17013. I verify that the statements made in this acceptance of service 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 falsification to authorities. April ~:, ~, 2004 YINGS'~. - HAROLD B. IRWIN, III, ESQUIRE AI'rORNIY ID NO. 29920 64 80UTH Pll'r STREET CARLISLE PA 17O13 A'I'TORNEY FOR PLAINTIFF JILL E. YINO8T", Plaintiff VB lAME8 D. YINOST", JR.,, Defendant IN THE COURT OF COMMON PLEA8 OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04 - 1801 CIVIL TERM IN DIVORCE COMPLAINT FOR CUSTODY NOW comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint and agreement for custody, representing as follows: 1. The plaintiff is Jill E. Yingst, an adult individual residing at 1191 Myerstown Road, Gardners, Cumberland County, Pennsylvania 17324. 2. The defendant is James D. Yingst, Jr., an adult individual residing at 1191 Myerstown Road, Gardners, Cumberland County, Pennsylvania 17324. 3. The parties are the natural parents of two minor children, namely JENNAKAH A. YINGST (born August 22, 1989, age 14) and AUSTIN G. YINGST (born December 5, 1993, age 10). 4. The children resided with both of the parties from the birth of the children. The parties intend to separate on or about June 9, 2004. 5. The plaintiff has not participated as a party, witness or in any other capacity in other litigation concerning the custody of the children in this or another court. 6. The plaintiff has no information regarding any other custody proceeding concerning the children pending in a court of this Commonwealth. 7. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8. The plaintiff believes and therefore avers that the best interests and permanent welfare of the child require that the parties have joint legal custody of the children and that pdmary physical custody of the children be shared in accordance with their mutual agreement hereinafter set forth. 9. Both parties, as evidenced by their joint execution of this complaint, have mutually agreed upon an amicable arrangement for the legal, physical and temporary custody of the children and request that the Court enter an order as provided below without the necessity of a hearing: A. The parties shall have joint legal custody of their minor children, JENNAKAH A. YINGST (born August 22, 1989, age 14) and AUSTIN G. YINGST (bom December 5, 1993, age 10). B. The Mother shall have pdmary physical custody of Austin and the Father shall have primary physical custody of Jennakah. C. It is the intention of both parties that the children spend equal time with both parties to the extent that is reasonably possible and, as such, shall work amicably together to ensure that occurs. In addition, both parties shall attempt to arrange temporary physical custody time in such a manner as to allow the children to be with each other as much as possible. Both children shall maintain 1191 Myerstown Road, Gardnere, PA 17324 as their permanent, official address whether or not one or both primarily reside at some other location. D. The parties shall share equally temporery physical custody of the children on holidays and on the children's birthdays to the extent that is reasonably possible. E. The Father shall always have both children on Father's Day and the Mother shall always have both children on Mother's Day. F. Both parties shall have at least two weeks of uninterrupted vacation time with the children and shall give the other party' at least 30 days notice of the date for such vacation. Vacation time need not be taken on consecutive days or weeks. G. The parties shall have reasonable, telephone contact with the children while the children are in the other's custody. H. The parties shall keep each other advised immediately relative to any emergencies conceming the children and shall further take any necessary steps to insure that the health, welfare and well beilng of the children is protected. Father shall provide medical insurance coverage for the children but each party shall share unreimbursed medical expenses on an equal basis. I. The parties shall do nothing that may estrange the children from the other parties or hinder the natural development of the children's love or affection for the other parties. J~ In the event of the breach of the agraement of the parties by any party, the nonbreaching party shall have the dght to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. K. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in wdting and only if executed with the same formality of the agreement of the parties. L. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. WHEREFORE, the plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the children as aforesaid. April ~'~ , 2004 HAROLD S. IR¥ Attorney for Plaintiff VERIFICATION AND CONFIRMATION OF AGREEMENT We do hereby vedfy that the acts set forth in this complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Furthermore, by the execution of this Confirmation, we do each unequivocally express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court willhout the necessity of a custody conciliation, hearing or other proceeding. April .~), 2004 April .5~, 2004 ). YIN~I', JR. COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND : On this, the'~ day of April, 2004, before me, the, undersigned officer, personally appeared JILL E. YINGST, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrumenl: and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I heI ~.o~ t~m~,'l~e~nd and of~ci~l seal. ~ APRIL D. SHEAFFER, Notary Pubii~ I Io-'~P~ic - ~ Carlisle, cumber[and County ~ IMy Comrniss~ COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND : On this, the~'-~ day of April, 2004, before me, the undersigned officer, personally appeared JAMES D. YINGST, JR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purpo~ie~h, rejzl~ontained. ._.-I~ ,ta~,"~=~ blic ' ~) (SEAL) IM NOTARIAL sEAL "~ APRIL O. SHEAFFER, Notary Public ~ Carl s e, Cumberland County [ y Commission Expires Apr 23, 2006J HAROLD 8. IRWIN, III, ESQUIRE AI~ORNEY ID NO. 2~20 84 8OUTH PII'T 811~EET CARLISLE PA 1~0t3 A'I'r'ORNEY FOR PLAINTIFF JILL E. YINGST, Plaintiff JAMES D. YINGST, JR., Defendant : IN THE COURT OF COMMON PLEA8 OF : CUMBERLAND COUNTY~ PENNSYLVANIA : CIVIL ACTION - II.~W : NO. 04 - 1801 CIVIL TERM : : IN CU~I'ODY ORDER OF COURT AND NOW, this ~.~"~ 'day of_~ ~11[~_._, 2004 upon presentation and consideration of the within complaint and the stipulation and agreement incorporated therein, and upon agreement of the parties, it is hereby ordered and decreed as follows: A. The parties shall have joint legal custody of their minor children, JENNAKAH A. YINGST (born August 22, 1989, age 14) and AUSTIN G. YINGST (born December 5, 1993, age 10). B. The Mother shall have primary physical custody of Austin and the Father shall have primary physical custody of Jennakah. C. It is the intention of both parties that the children spend equal time with both parties to the extent that is reasonably possible and, as such, shall work amicably together to ensure that occurs. In addition, both parties shall attempt to arrange temporary physical custody time in such a manner as to allow the children to be with each other as much as possible. Both children shall maintain 1191 Myerstown Road, Gardners, PA 17'324 as their permanent, official address whether or not one or both primarily reside at some other location. D. The parties shall share equally temporary physical custody of the children on holidays and on the children's birthdays to the extent that is reasonably possible. E. The Father shall always have both ci~ildren on Father's Day and the Mother shall always have both children on Mother's Day. F. Both parties shall have at least two weeks of uninterrupted vacation time with the children and shall give the other party at least 30 days notice of the date for such vacation. Vacation time need not be taken on consecutive days or weeks. G. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. H. The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children is protected. Father shall provide medical insurance coverage for the children but each party shall share unreimbursed medical expenses on an equal basis. I. The parties shall do nothing that may estrange the children from the other parties or hinder the natural development of the children's love or affection for the other parties. J. In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. K. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. L. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. HAROLD E. IRWIN~ III, EEQUIRE ATTORNEY ID NO. 2EE20 64 SOUTH PITT STREET CARLISLE PA 17013 (7t 7) 2,43..6000 ATTORNEY FOR PLAINTIFF JILL E. YINGST, Plaintiff JAMB8 D. YINOST, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04 - 180t CIVIL TERM IN DIVORCE PRAECIPE TO SETTLE AND DISCONTINUE To the Prothonotary: Please settle and discontinue the above matter, without prejudice to either party, June 7, 2004 Attorney for Plaintiff HAROLD B. IRWIN~ II1~ BBQUIRB AI'rORNBY ID NO. ~ MS ~OUTH PI'iT STREET CARLISLE PA 17013 A'I'rORNEY FOR PLAINTIFF JILL E. YINOST, Plaintiff JAMB8 D. YINGST, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION. I.AW : NO. 04. t80t CIIVlL TERM : : IN DIVORCE STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this t~,' day of June, 2004, by and between JAMES D. YINGST (hereinafter referred to as "Father") and JILL E. YINGST (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Father and Mother are the natural parents of two (2) children, namely, JENNAKAH A. YINGST (born August 22, 1989, age 14) ;~nd AUSTIN G. YINGST (born December 5, 1993, age 10); and WHEREAS, the parties previously entered into an agreement relative to the custody, partial custody, and support of the children, which agreement was confirmed by Order of Court dated May 12, 2004, a copy of which is incorporated herein by reference and attached hereto as Exhibit "A"; and WHEREAS, the parties are attempting to reconcile their differences and have or are about to resume cohabitation in the marital home and, in consequence thereof, are desirous of modifying their previous agreement whereby it would become null and void and the parties would resume joint legal and physical custody of their children. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. The parties shall have joint legal custody of the children. 2. The parties shall have joint physical custody of the children. 3. The parties agree that their previous agreement regarding custody shall become and is hereby declared to be null and void and that they request jointly that the Court vacate its order of Court dated May 12, 2004, returning the parties and the issue of the custody and support of their children to the status quo prior to entry of said Order. 4. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coemion or other unfair dealing on the part of the other. 5. Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and only if executed with the same formality of this agreement. 6. The parties desire that this agreement be made an order of Court through the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor children and shall retain such jurisdiction should circumstances change and either party desire further or require further modification of said Order. IN WITNESS WHEREOF, the parties hereto, intending 1[o be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. WITNESSETH: ES D. YINI VERIFICATION AND CONFIRMATION OF AGREEMENT We do hereby vedfy that the acts set forth in this complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unswom falsification to authorities. Furthermore, by the execution of this Confirmation, we do each unequivocally express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court without the necessity of a custody conciliation, hearing or other proceeding. June /~,2004 June ?~ ,2004 ~g~._.~. ~7~.~" (SEAL) ~IES 13. YINI;~"ST, JR. COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND : On this, the l day of June, 2004, before me, the undersigned officer, personally appeared JAMES D. YINGST, JR., known to rile (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereun~~ and official seal. ,, NOTARIA£ S EA~--'---~I ' NAROLDS, IRWIN, Ill, NOTARYPUBLIC J Notary Public { CARUGLE ~ROUGH, COUN~ 0F C~U6ER~NDJ ~ COMMIgSION ~RES 0CTOBER 22, 2~ (SEAL) COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND : On this, the _~_~day of June, 2004, before me, the undersigned officer, personally appeared JILL E. YINGST, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereu~~ "'--'---~--"~I-ALSEAL ~UC~ Notary Pubhc ~ ] ,H, AROLD S. iRWiN, iii, NOTARY F'UBL ~ {~ARUSLE BOROUGH, COUNTY OF CUMBERLAND~ MY cOMNI~SS ON F](P~RES OCTOBER 22,207~ (SEAL) HAROLD 8. IRWIN, Iii, ESQUIRE ATTORNEY ID NO. 2gG~0 64 8ou'nf PiTT STREET CARLISLE PA 17013 A~'rORNEY FOR PLAINTIFF 2004 JILL B. YINOST~, Plaintiff VB JAMES D. YINGST, JR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 04 - 1801 CIVIL TERM : : IN CUSTODY ORDER OF COURT AND NOW, this __ day of June, 2004, upon presentation and consideration of the within stipulation and upon agreement of the parties, it is hereby ordered and decreed as follows: A. In ali respects, the parties' previous custody agreement is hereby declared null and void and the Order of Court dated May 12, 2004 in this matter is hereby vacated. B. The parties shall have joint legal and physical custody of their minor children, JENNAKAH A. YINGST (bom August 22, 1989, age 14) and AUSTIN G. YINGST (born December 5, 1993, age 10). C. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. D. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. EDWARD GUIDO,, J.